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HomeMy WebLinkAbout2025/11/04 Regular Session 10:00AM FILED FOR R CORD DATE i o/aqw s xE.o 's•P � " : AT 4•L/S O'CLOCK M KAREN MCQUEEN tn BRAZOS OUTY ERK e* By 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 NOVEMBER 4, 2025 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: HTTPS://WWW.YOUTUBE.COMI@BRAZOSCOUNTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Nettles 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -25 3. Discussion and consideration of possible burn ban extension. 4. Approval of the following Official Public Bond: • a. Judge, County Court at Law#2- Roy D. Brantley 5. Approval of the following appointments to the Board of Managers of the 9-1-1 District with term effective January 1, 2026: • a. Fred Brown • b. Lloyd Wasserman 6. Approval of the following appointments to the Homeland Security Advisory Committee to fill the unexpired terms of Tradd Mills and Arthur Davila, respectively, ending March 31, 2027: • a. Lauren McGrath, Emergency Management Coordinator, City of College Staiton • b. Paul Torres, Public Health Emergency Preparedness Manager, Brazos County Health District 7. Approval requested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to provide maintenance and clean-up services at the Brazos Valley Veterans Memorial site located at Veterans Park and Athletic Complex on November 7, 2025. 8. Approval reqeuested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to assist Radio MASH Toy Drive, Inc. in December 2025. 9. Approval of the following Job Description: • a. Road & Bridge - B02664 - Clerk 10. Request from the Tax Office for the following personnel changes with effective date as of November 8, 2025. This change has no impact to the Tax Assessor's FY 2026 budget. • a. Decrease B2321-1 Property Tax Supervisor-Tax Office, Group 22 Step 7 to Group 22 Step 5, Salary Full-Time • b. Decrease B2335-1 Accounting Supervisor-Tax Office, Group 22 Step 7 to Group 22 Step 5, Salary Full-Time • c. Increase B2310-1 Office Manager-Tax Office, Group 21 Step 3 to Group 21 Step 5, Salary Full-Time • d. Increase B2313-1 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • e. Increase B2313-2 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • f. Increase B2341-1 Clerk I -Tax Office, Group 13 Step 4 to Group 13 Step 5, Hourly Full-Time 11. Approval requested to issue US Bank credit cards to the following employees with a credit limit for each of$1,000.00 for conferences, travel and other department related expenses: • a. Chief Deputy Sean McCarroll, Constable Pct. 1 • b. Stacey Kasberg, Juvenile Services Department 12. Approval requested for the FY 2026 Revision of the Capital Improvement Plan Policy. 13. Approval of the following policy revision effective FY 2026: • a. 2.03.9 - Holiday Expiration 14. Approval requested from Road & Bridge for Renewal of the Field Agreement with Texas Wildlife Service Program (TWSP)for the control and/or removal of nuisance animals (mammal/rodent/pest)from various dam structures in Brazos County from October 1, 2025 - September 30, 2026. 15. Approval of the following FY 2026 Community Support Contracts: • a. Chanter of Commerce • b. Sexual Assault Resource Center 16. Request for approval of the Final Plat of Lake Millican Estates Lot14R and Lot 25R, being a Replat of Lots 14 and 25; BBB & C Railroad Survey,Abstract 85; Brazos County, Texas. Site is located in Precinct 1. 17. Request permission to enter private property owned by Nader Mirabolfathi at 5903 Wild Horse Run (River Run Subdivision). County will repair erosion and install rock rip-rap to protect roadway and lessen future erosion. Site is located in Precinct 1. 18. Consider and take action on the Brazos WI Fl utility permit to directional bore 4,600 feet of fiber optic conduit within the right-of-way of Cherokee Drive for internet services. Project also includes one (1)road bore. Site is located in Precinct 1. 19. Request from Brazos County Municipal Utility District No. 1 and Southern Pointe LLC for acceptance of the following Southern Pointe roadways into the Brazos County Road System: • a. Southern Pointe Section 203 • b. Southern Pointe Section 700 Pursuant to the Interlocal and Funding Agreement For the Maintenance of Roads between Brazos County and Brazos County Municipal Utility District No. 1 dated December 27, 2016 and First Supplement to the Interlocal and Funding Agreement dated March 5, 2024, Brazos County does not assume any responsibility for the maintenance of the accepted roads. Site is located in Precinct 1. 20. Tax Refund Applications for the following: Overpayments • a. KJ MC Inc. -$442.15 • b. KJMC Inc. -$108.48 • c. KJ MC Inc. -$170.43 • d. Thomas D. Hickman, Sr. -$52.26 21. Budget Amendments. • a. FY 24/25 Budget Amendments 51.01 • b. FY25/26 Budget Amendments 3.01 -3.04 22. Personnel Change of Status. • Approval of Personnel Change of Status 23. Payment of Claims. • Approval of Payment of Claims 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code§551.074 to discuss the appointment, employment, evaluation, reassingment, duties, discipline, or dismissal of county personnel. • b. Texas Government Code §551.087 for deliberation regarding economic development negotiations. 25. Consider and possible action on Executive Session. 26. Acknowledgement of the 2025-2026 Budget to Actuals by Fund as of October 27, 2025. Acknowledgement of the 2025-2056 Contingency Budget to Actuals by Fund as of October 27, 2025. 27. Acknowledgement of the Fiscal Year 2026-2030 Capital Improvement Program. 28. Monthly report from County Attomey's Office. 29. Monthly report from the District Attomey's Office. 30. Monthly report from the Public Defender's Office. 31. Announcement of interest items and possible future agenda topics. Reminder to all employees and departments that the Job Description Questionnaires (JDQs)are due on November 7, 2025. 32. Adjourn. PUBUC 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 81.023 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. ACE Op ' fier''Th, :* , `")1- )* • •4 :•_ -4 C. • OF The following minutes of the Commissioners Court Meeting held November 04, 2025,have been examined and are approved in open Court this 16th day of December 2025, in Bryan, Brazos County, Texas. j ` Kyle Bentley ett Acting ounty Judge Commissioner, Precinct 1 Chuck Konderla Fred Brown Commissioner, Precinct 2 Commissioner, Precinct 3 OF, Oh, ,40, , , _ - v ...-- Wanda J. W. • Commission- 'recinct 4 Attest: * --9n0ck — Karen McQueenk +... , 4, County Clerkre( al ;'.* AT P««©p''. S,k 1 * r q'. ,Y O F 6 9" MINUTES NOVEMBER 4, 2025 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, November 4, 2025 with the following members of the Court present: Kyle Kacal,Acting County Judge, Presiding; Bentley Nettles, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Fred Brown, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent; The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Nettles 2. Call for Citizen input and/or concerns Stephen Pearsall, resident of Precinct 2, addressed the Court concerning the Consulting Contracts Workshop. Peter Michelena, resident of Precinct 4, addressed the Court concerning the Consulting Contracts Workshop. Consider and take action on agenda items: 3 -25 3. Discussion and consideration of possible burn ban extension. Emergency Management Coordinator Jason Ware addressed the Court recommending an extension of the Burn Ban. Mr. Ware stated that the drought index is on the rise and the four fire chiefs are in favor of extending the Burn Ban. The Court voted unanimously to extend the Burn Ban with the condition that the Court can lift the ban at any time it is deemed appropriate. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 4. Approval of the following Official Public Bond: • a. Judge, County Court at Law#2 - Roy D. Brantley The following official bond was approved: Roy D. Brantley, Judge County Court at Law#2 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Other. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 5. Approval of the following appointments to the Board of Managers of the 9-1-1 District with term effective January 1, 2026: • a. Fred Brown • b. Lloyd Wasserman Commissioner Nettles spoke in favor the appointments. Motion: Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 6. Approval of the following appointments to the Homeland Security Advisory Committee to fill the unexpired terms of Tradd Mills and Arthur Davila, respectively, ending March 31, 2027: • a. Lauren McGrath, Emergency Management Coordinator, City of College Staiton • b. Paul Torres, Public Health Emergency Preparedness Manager, Brazos County Health District Commissioner Konderla thanked Tradd Mills and Arthur Davila for their time of service on the Homeland Security Advisory Committee. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 7. Approval requested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to provide maintenance and clean-up services at the Brazos Valley Veterans Memorial site located at Veterans Park and Athletic Complex on November 7, 2025. A copy of the application is attached. Motion:Approve, Moved by Commissioner Fred Brown, Seconded by Commissioner Bentley Nettles. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 8. Approval reqeuested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to assist Radio MASH Toy Drive, Inc. in December 2025. A copy of the application is attached. Motion: Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 9. Approval of the following Job Description: • a. Road & Bridge - B02664 - Clerk Commissioner Nettles questioned the changes being made to positions during the ongoing Compensation and Benefits Study. Human Resources Director Jennifer Salazar provided clarification and noted that this has no impact on the budget. Commissioner Watson spoke in favor of approving the item. A copy of the job description is attached. Motion:Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Fred Brown. Passed. 4-1. Ayes: Brown, Kacal, Konderla, Watson. Nays: Nettles. 10. Request from the Tax Office for the following personnel changes with effective date as of November 8, 2025. This change has no impact to the Tax Assessor's FY 2026 budget. • a. Decrease B2321-1 Property Tax Supervisor-Tax Office, Group 22 Step 7 to Group 22 Step 5, Salary Full-Time • b. Decrease B2335-1 Accounting Supervisor-Tax Office, Group 22 Step 7 to Group 22 Step 5, Salary Full-Time • c. Increase B2310-1 Office Manager-Tax Office, Group 21 Step 3 to Group 21 Step 5, Salary Full-Time • d. Increase B2313-1 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • e. Increase B2313-2 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • f. Increase B2341-1 Clerk I -Tax Office, Group 13 Step 4 to Group 13 Step 5, Hourly Full-Time A copy of the position control changes is attached. Commissioner Brown and Commissioner Nettles spoke in opposition to the approval. Commissioner Watson spoke in support of the approval. Commissioner Konderla stated his willingness to support the approval with the understanding that it has no impact to the budget. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Chuck Konderla. Passed. 3-2. Ayes: Kacal, Konderla, Watson. Nays: Brown, Nettles. 11. Approval requested to issue US Bank credit cards to the following employees with a credit limit for each of $1,000.00 for conferences, travel and other department related expenses: • a. Chief Deputy Sean McCarroll, Constable Pct. 1 • b. Stacey Kasberg, Juvenile Services Department Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 12. Approval requested for the FY 2026 Revision of the Capital Improvement Plan Policy. Commissioner Nettles asked for clarification on the policy. Budget Officer Nina Payne and County Auditor Marci Turner provided clarification. Commissioner Nettles noted the policy needed further revision to better clarify the Auditor's role. On a motion to table from Commissioner Nettles, with a second from Commissioner Konderla, the Court voted unanimously to table this item. A copy of the policy is attached. Motion: Table, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 13. Approval of the following policy revision effective FY 2026: • a. 2.03.9 - Holiday Expiration A copy of the policy is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 14. Approval requested from Road & Bridge for Renewal of the Field Agreement with Texas Wildlife Service Program (TWSP)for the control and/or removal of nuisance animals (mammal/rodent/pest)from various dam structures in Brazos County from October 1, 2025 - September 30, 2026. Commissioner Konderla spoke in support of the agreement. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 15. Approval of the following FY 2026 Community Support Contracts: • a. Chamber of Commerce • b. Sexual Assault Resource Center A copy of the contracts is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 16. Request for approval of the Final Plat of Lake Millican Estates Lot14R and Lot 25R, being a Replat of Lots 14 and 25; BBB & C Railroad Survey,Abstract 85; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Fred Brown. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 17. Request permission to enter private property owned by Nader Mirabolfathi at 5903 Wild Horse Run (River Run Subdivision). County will repair erosion and install rock rip-rap to protect roadway and lessen future erosion. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 18. Consider and take action on the Brazos WI Fl utility permit to directional bore 4,600 feet of fiber optic conduit within the right-of-way of Cherokee Drive for internet services. Project also includes one (1) road bore. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 19. Request from Brazos County Municipal Utility District No. 1 and Southern Pointe LLC for acceptance of the following Southern Pointe roadways into the Brazos County Road System: • a. Southern Pointe Section 203 • b. Southern Pointe Section 700 Pursuant to the Interlocal and Funding Agreement For the Maintenance of Roads between Brazos County and Brazos County Municipal Utility District No. 1 dated December 27, 2016 and First Supplement to the Interlocal and Funding Agreement dated March 5, 2024, Brazos County does not assume any responsibility for the maintenance of the accepted roads. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 20. Tax Refund Applications for the following: Overpayments • a. KJMC Inc. -$442.15 • b. KJ MC Inc. - $108.48 • c. KJMC Inc. - $170.43 • d. Thomas D. Hickman, Sr. -$52.26 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 21. Budget Amendments. • a. FY 24/25 Budget Amendments 51.01 • b. FY 25/26 Budget Amendments 3.01 -3.04 a. FY 24/25 Budget Amendments 51.01 - Non-Cash accrual entry required under GASB 96 - Subscription Based IT Arrangements. b. FY 25/26 Budget Amendments 3.01 -Transfer funds from Road and Bridge to Sheriff's Office. 3.02 -Transfer funds from Information Technology to District Clerk. 3.03 - Reallocate funds for Road and Bridge. 3.04 -Transfer funds from Information Technology to County Judge. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 22. Personnel Change of Status. • Approval of Personnel Change of Status A copy of the Personnel Change of Status is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 23. Payment of Claims. • Approval of Payment of Claims A copy of the claims is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Brown, Kacal, Konderla, Nettles, Watson. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassingment, duties, discipline, or dismissal of county personnel. • b. Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the Acting County Judge announced that the Court would not need to convene into Executive Session. 25. Consider and possible action on Executive Session. The Court did not convene into Executive Session. 26. Acknowledgement of the 2025-2026 Budget to Actuals by Fund as of October 27, 2025. Acknowledgement of the 2025-2056 Contingency Budget to Actuals by Fund as of October 27, 2025. The Court acknowledged receipt of the 2025 -2026 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of October 27, 2025. Judge Kacal noted a typo on the agenda stating that the agenda should read "Acknowledgement of the 2025 -2026 Contingency Budget to Actuals as of October 27, 2025." 27. Acknowledgement of the Fiscal Year 2026-2030 Capital Improvement Program. The Court acknowledged receipt of the FY 2026-2030 Capital Improvement Program. 28. Monthly report from County Attorney's Office. County Attorney Earl Gray provided a brief overview of the job of the County Attorney's Office and reported the following: • year to date cases disposed -1,032 • year to date fines and fees paid and collected -$563,000 Mr. Gray then shared about the Specialty Programs and their purpose. Mr. Gray provided details about the Veterans Treatment Program and engaged in conversation with Court concerning the program. The Court thanked Mr. Gray and his team. 29. Monthly report from the District Attorney's Office. Brazos County District Attorney Jarvis Parsons reported for the month of October they have indicted over 175 cases and disposed of over 229 cases. The DA's office had 6 jury trials. DA Parsons entered discussion on two of those cases. The Court thanked DA Parsons. 30. Monthly report from the Public Defender's Office. Chief Public Defender Nathan Wood reported for the month of October. Mr. Wood shared the history of how the Public Defenders Office was established and the main objectives of their office. Commissioner Konderla and Commissioner Watson expressed their support of the Public Defenders Office. The Court thanked Mr. Woods. 31. Announcement of interest items and possible future agenda topics. Commissioner Watson encouraged the community to get out and vote. Commissioner Brown shared that he would like to have a future discussion on the use of Brazos County resources by soundings counties. Commissioner Konderla clarified that the Brazos County Elections website can be found at brazosvotes.org. Commissioner Nettles congratulated both College Station High Schools as their bands head to State. He also acknowledged the Marine Corps Birthday on Monday, November 10th and Veteran's Day on Tuesday, November 11th. Judge Kacal reminded staff that Job Questionnaires are due November 7th.Also, the Court will hold a Special Called Session on Thursday November 6th, at 10:30 a.m. in the Commissioners' Courtroom and the Chamber of Commerce is holding their annual Banquet on Monday November 10th. Judge Kacal then thanked Charles Wendt and his team in the Purchasing Department for the Workshop prior to Court this morning. Reminder to all employees and departments that the Job Description Questionnaires (J DQs) are due on November 7, 2025. 32. Adjourn. BRAZOS COUNTY COMMISSIONER' S COURT DAY OF )Jou ? t,,.. , 20 2.5 io o €1gYPM, re_ Name Organization (PLEASE PRI T) (PLEASE PRINT) 3 CS a e. Sc: vv� W11`m C. /I-- �.� Le e 4+ COMM ffl4I►4— S1-,c,r,11 L e-- Zvm m Cuvtiv1 — �� c�d < < c• Arc o `` C C ( -c, t« 41; ttt t5- ?ncU ' co cl <(c 4: ( cLk A., (1.4(53 (u e T, � �� fv t L 4_h5,fakei 1' ro ) scI- )4ate UK. CALDw,- cc rk )21 BRAZOS COUNTY COMMISSIONER' S COURT DAY OF ode„L,r , 20 ,E 1 o; D AM/PM, " , Name Organization (PLEASE PRL?�'T) (PLEASE PRLNT) Pd-ei vtcw1-1660- SpctitcH 5 :74p AIL Sets 1(`O eqke6 Aga tl f zk-;) evikd IA) r �cas Cr? 4 iL171 /9-a 4.7 44"- -'%•%_k_ AN A ei; 8 MI& 6t,c ( 4111WW c-e 11 rk � ui t ' BRAZOS COUNTY COMMISSIONER' S COURT DAY OF 30 e I D . 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BRAZOSCOUNTY BRYAN, TEXAS ORDER EXTENDING PROHIBITION OF OUTDOOR BURNING WHEREAS,in accordance with provisions of the Texas Local Government Code,Chapter 352,a drought condition exists or has existed in Brazos County,Texas as determined by Texas Local Government Code Chapter 352;and, WHEREAS,on October 14,2025, the Commissioners Court issued an order prohibiting outdoor burning set to expire on November I3, 2025;and, WHEREAS,the Commissioners Court makes a finding that circumstances continue to present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County,Texas for the duration of the above mentioned declaration; • 1. Action Prohibited: A person violates this order if he or she bums any combustible material outside of an enclosure serving to contain all flames and/or sparks,or orders such burning by others. 2. Enforcement: A. As soon as possible,a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning,the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief,the goal of the order can be attained by informing the responsible party about the prohibitions established by this order,the officer may,at his discretion,notify the party about the provisions of this order and request compliance with it. In such instances,an entry of the notification shall be made into the dispatcher's log containing the time,date,and place of the warning,and the name of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief,second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order Prohibiting Outdoor Burning continues in effect as it was originally issued on October 14, 2025 and is hereby extended this 4th day of November 2025 and will expire sixty (60) days from today's date which is January 2,2026 unless terminated earlier by the Commissioners Court or the County Judge.The Commissioners Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local Government Code Section 352.081(c)(2). 5. This prohibition does not apply to prescribed outdoor burning activities related to public health and safety and/or trench-burning related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) firefighting training; (2) public utility; (3) natural gas pipeline or mining operations; (4) planting or harvesting of agriculture crops; or (5) burns that are conducted by a prescribed burn manager certified under Section 153.048 of the Texas Natural Resources Code,and meet the standards of Section 153.047 of the Texas Natural Resources Code. 6. Exception(s): A. Welding Welding may be allowed under the following guidelines only: Provide a spotter for each welder,each cutter,each grinder,and for any activity that causes or may cause a spark. • Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding,whichever is greater.(Example:if the welding is occurring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation,proper precautionary measures must be taken(Example: protecting brush, etc., by utilizing fire resistant tarps). • Maintain a minimum of 100 gallons of water at the site. • Maintain a minimum of one(1)water pressure fire extinguisher per spotter. • No welding shall occur if winds are greater than 20 mph or relative humidity is less than 30%. • Prior to conducting any welding activity,the welder shall give notice to the Brazos County Dispatch on their non-emergency number at(979-361-3888).The notice may be by phone but shall give the name of the welder conducting the welding operation,the location of the operation, cell phone number of other contact information, and the name of party responsible. B. Outdoor Cooking All outdoor cooking or open flame devices are prohibited. • Unless the cooking device is propane or natural gas and has a complete and full enclosure that it utilizes at all times. • Unless the cooking device is wood or charcoal and has a complete and full enclosure that is utilized, and all areas around cooking device shall be clear of vegetation and/or combustible materials or debris for a 5' radius. BE IT ALSO ORDERED that this order may be enforced by any duly commissioned peace,officer and that the venue for prosecution of this order will be the Justice of the Peace. 1- 1 APPROVED this 1 day of N V v t 01- 20 a5 Kyle y�ly f : my Judge ,r Fred Brown,Commiss'-.der,Pre'in, 1 uck Kon la,Commission , t 2 Bentley Vie' a"l'' is io , •re,et 3 Wanda J. Wa on, ommissioner,Precinct 4 E OpT '. G O G~T r U F �P� BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Brazos County Clerk NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following Official Public Bond: • a. Judge, County Court at Law#2 - Roy D. Brantley "O: Commissioners Court 'ROM: Karen McQueen )ATE: 10/27/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ACTION REQUESTED OR Approval of Judge Roy Brantley, County Court at Law#2 bond as required by Governmen LTERNATIVES: Code 25.0006 (a-2). ATTACHMENTS: File Name Description Type Brantley bond.pdf Judge Brantley bond Cover Memo FILED FOR RECORD DATE /d — 7— J AT O'CLOCK M PUBLIC OFFICIAL BOND E MCQUEBdavelers Casualty and Surety Company of America (Definite Term) 13 O C LERK Bond No. 108337615 KNOW ALL MEN BY THESE PRESENTS,That we ROY D BRANTLEY of 13410 HEADWATER LN,COLLEGE STATION,TX 77845-706R as Principal,and Trawlers Casualty and Surety Company of America , a corporation duly incorporated under the laws of the State of Connecticut,as Surety,arc held and firmly bound unto County of Brazos as Obligee,in the penal sum of Five Hundred Thousand ( 5500.000.00 ) Dollars, lawful money of the United States of America.for the payment of which well and truly to be made. �•' said Principal binds himself/herself,his/her heirs,executors,administrators and assigns,and said Surety binds itself,its successors and assigns,jointly and severally,firmly by these prcscnts. WHEREAS,the said Principal has been Elected to the office of Judge for a definite term beginning August 26,2025 ,and ending August 25,2027 ,and is required to furnish a bond for the faithful performance of the duties of the said office or position. NOW,THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall(except as hereinafter provided)faithfully perform the duties of his/her said office or position during the said term,and shall pay over to the persons authorized by law to receive the saute all moneys that may come into his/her hands during the said term without fraud or delay,and at the expiration of said term,or in case of his/her resignation or removal from office,shall turn over to his/her successor all records and property which have come into his/her hands,then this obligation to be null and void;otherwise to remain in full force \� and effect. PROVIDED,HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited:and,if this provision shall be held void,this entire bond shall be void. AND PROVIDED FURTHER,that the Surety may cancel bond at any time during the said term by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty(30)days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void,this entire bond shall be void. SEALED and dated this August 26,2025 . ROY D BRANTLEY 2, iffq Witness By: Roy D •rantley Principal Travelers Casualty and Surety Company of America Sri ci.w Woad.b4L-y By: Brian Woodbury Attorney in Fact S-2232(06-08) "r`9 aP _............. „i SEAL 30 t1r'ge,bl*.4'3\ This notice provides no coverage, nor does It change any policy terms.To determine the scope of coverage and the insured's rights and duties under the policy, read the entire policy carefully. For more information about the content of this notice, the insured should contact their agent or broker. If there is any conflict between the policy and this notice, the terms of the Independent Agent And Broker policy prevail. Compensation Notice For information on how Travelers compensates independent agents, brokers, or other insurance producers, please visit this website:www.travelers.com/w3c/legal/Producer_Compensation_Disclosure.html. Or write: Travelers,Agency Compensation One Tower Square Hartford,CT 06183 • • Ii NVTC-19036 Rev.04-25 Page 1 of 1 O 2025 The Travelers Indemnity Company.All rights reserved. Travelers Casualty and Surety Company of America 4111111k, Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (hereof collectively called the'Companies"),and that the Companies do hereby make,constitute and appoint Brian Woodbury SAINT PAUL , Minnesota their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN^WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. h4 r lr.sjQ .r.- . 4, :P�� ..?'''‘A,, t SEAL 1( BEAL fr}r SEAL ij State of Connecticut i By: City of Hartford ss• Robert L.Raney,Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. �f fio'�rlJo'yW,, alizI(/ ���aIN WITNESS WHEREOF,I hereunto set my hand and official seal. ' eater , i My Commission expires the 30th day of June,2026 w�Jn � ro��� Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, arty Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant,Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of sad officers or the Board cf Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairmen, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is in writing and a copy thereof is filed in the office of the Secretary;and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any•Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and It Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by.facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which It Is attached. I, Kevin E, Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 26 day of August , 2025 r=,16atg.4s ,1 11SY'1M�,... ';?q rR'',.M, i ( s`AL ii' S (b )) SEAL i�S /'/ �� 1 0 ^ ru `* , .'•. `.. Kevin E.Hughes,Assistant Secretary ..v h. To verifythe authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. OATH OF OFFICE (COUNTY COMMISSIONERS AND COUNTY JUDGE) 1, , do solemnly swear(or affirm), that I will faithfully execute the duties of the office of of the State of Texas,and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor Indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money,or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected; and I furthermore solemnly swear(or affirm)that I will not be, directly or indirectly, interested In any contract with or claim against the County, except such contracts or claims as are expressly authorized by law and except such warrants as may issue to me as fees of office. So help me God. Signed Sworn to and subscribed before me, at , Texas, this day of , 20 (Seal) Notary Public County,Texas OATH OF OFFICE (GENERAL) do solemnly swear(or affirm), that I will faithfully execute the duties of the office of of the State of Texas,and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor Indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. Signed Sworn to and subscribed before me, at , Texas, this day of , 20 (Seal) Notary Public County,Texas THE STATE OF TEXAS County of /� } ss ff ��.�/,,I� The foregoing bond of /C.D ). asqubt t itIlleri�>+-f i n and for tut County and State f Texas,this day approved in open Commissioner's Court. TT T: Date: t>l?- f-4' ,20 S Clerk County Judge, County Court_ AlaiC County County,Texas THE STATE OF TEXAS County of } ss County Clerk, in and for said County, do hereby certify that the foregoing Bond dated the day of _, 20 , with its certificates of authentication, was filed for record in my office the day of , 20 , at o'clock M., and duly recorded the day of , 20 ,at o'clock,_M., in the Records of Official Bonds of said County in Volume , on page WITNESS my hand and the seal of the County Court of said County, at office in , Texas, the day and year last above written. Clerk By Deputy County Court County ORSC 46010(04/2015) Page 3 of 3 t. GT op :' f 7 . ..,i, ,oy P BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following appointments to the Board of Managers of the 9-1-1 District with term effective January 1, 2026: • a. Fred Brown • b. Lloyd Wasserman "O: Commissioners Court )ATE: 10/10/2025 :ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type 9-1-1 Board Appointments.pdf Letter Backup Patrick Corley Cover Memo Fred Brown - Appt Certificate - Board of Managers of the 9-1-1 District.pdf Fred Brown-Appt Certificate Board Backup Material of Managers of the 9-1-1 District Lloyd Wasserman-Appt Certificate- Lloyd Wasserman - Appt Certificate - Board of Managers of the 9-1-1 District.pdf Board of Managers of the 9-1-1 Backup Material District From: Patrick Corley To: Kyle J.Kacal;Marsha D.Anderson Aubrey M.Leggett Cc: Laura Blackburn;Edward,C.Bull;Fred H.Brown Subject: 9-1-1 Board Appointments Date: Tuesday,October 7,2025 8:12:38 AM 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.***** Judge Kacal: As you know, the statutes governing the Brazos County Emergency Communications District call for the Commissioners Court to make two appointments to the Board of Managers of the 9-1-1 District. These two-year appointments,currently held by Lloyd Wasserman and Commissioner Fred Brown, expire on December 31st of this year. With the agenda scheduling needs of the Court in mind,we are requesting that the Court take action on this appointment at=its earliest opportunity, but no later than December 31st in order to have a complete Board in place for our January Board meeting. As a reminder,there are no term limits for our Board members and we would welcome.the reappointment of the current members to serve another term. As always, please do not hesitate to contact me if you have any questions or require further information. Thanks; Patrick Patrick Corley Executive Director Brazos County 9-1-1 District (979) 779-0911 pcorley a(�bc911.org BRAZOS COUNTY 9=1-1 IP 40* WHEN SECONDS COUNT This email and any attached file(s)contains or may contain confidential,proprietary and/or privileged information protected by law.If the reader of the message is not the intended recipient or an authorized representative of the intended recipient,please notify the sender,and then please delete and destroy all copies and attachments,and be advised that any review,dissemination,forwarding,printing,copying,or the taking of any action in reliance on,the information contained in or attached to this message is strictly prohibited. • rier‘48. * i • 1 o� /yOFB� BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of.Brazos County does hereby approve the appointment of Fred Brown to the Board of Managers of the 9-1-1 District The term of this appointment is effective January I, 2026. it 4-i a5 Kyle 7 Date Acting ounty Judge :::%,/ . ,( . ' `-I N• � 1 1l � •. -TY OF $g,A BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Lloyd Wasserman to the Board of Managers of the 9-1-1 District The term of this appointment is effective January 1,2026. tt14-laS Kyle Kacal Date Acting Coun Judge . op(0) . • TpOF 'a -. BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following appointments to the Homeland Security Advisory Committee to fi the unexpired terms of Tradd Mills and Arthur Davila, respectively, ending March 31, 2027 • a. Lauren McGrath, Emergency Management Coordinator, City of College Staiton • b. Paul Torres, Public Health Emergency Preparedness Manager, Brazos County Health District "O: Commissioners Court )ATE: 10/22/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Approval of the appointments to the Homeland Security Advisory Committee to fill an unexpired term ending March 31, 2027. JOTES/EXCEPTIONS: Lauren McGrath, Emergency Management Coordinator, City of College Station Mrs. McGrath will replace Tradd Mills to fill his unexpired term Paul Torres, Public Health Emergency Preparedness Manager, BCHD Mr. Torres will replace Arthur Davila to fill his unexpired term. ATTACHMENTS: File Name Description Type Lauren McGrath - HSAC - Appt Certificate.pdf Lauren McGrath-HSAC-Appt Certificate Cover Memo Paul Torres - HSAC - Appt Certificate.pdf Paul Torres-HSAC-Appt Certificate Cover Memo V*4 � . �T Y O F $g� BRAZOS COUNTY , BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Lauren McGrath to the Homeland Security Advisory Committee Unexpired term ending March 31, 2027. �: ( 1 { 14-1as Kyle Date • Acting County Judge .S.PTE OF A•. .....4i L:-) 0'•. ::* r011iV, * : i' • yTYoF1344` BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Paul Torres to the Homeland Security Advisory Committee Unexpired term ending March 31,2027. ifr_#,P'4_ UU j1- !v2s Kyles' Date Acting -ounty Judge ATE OpT S F . :Q 7 •, n � � G~TY OF 9lL ••. BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Brazos County Office of the Sheriff-Detention Ctr. NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval requested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to provide maintenance and clean-up services at the Brazos Valley Veterans Memorial site located at Veterans Park and Athletic Complex on November 7, 2025. •O: Commissioners Court :ROM: Chief Kevin Stuart, CJM )ATE: 09/08/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Approval and Signature for the Non-Profit Application to have the Detention Center Inmate tEQUIREMENTS: Work Crew provide maintenance and clean-up of the site at Veterans Park and Athletic Complex in November 7, 2025 . ' 0 E O p'7 rCr tic. 4'TY of V; BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval reqeuested for the Non-Profit Organization Application for Brazos County Inmate Work Crew Labor to assist Radio MASH Toy Drive, Inc. in December 2025. -O: Commissioners Court )ATE: 10/23/2025 rISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Consider and approve the Non-Profit Organization application allowing the Brazos County JOTES/EXCEPTIONS: Detention Center Inmate Work Crew to provide labor and assistance for Radio MASH To' Drive, Inc. during their annual holiday event in December 2025 S s'tE OFT ••. :$ * ,`r * 1 STY OF 91-P BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Human Resources NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following Job Description: • a. Road & Bridge- B02664 -Clerk -O: Commissioners Court )ATE: 10/28/2025 :ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 Human Resources is requesting the approval of the following Job Description(s). The Job DOTES/EXCEPTIONS: Description(s) have been reviewed and verified to meet the Job Description requirements. Consequence of non-approval could hinder the employee and/or department. ATTACHMENTS: File Name Description Type Road Bridge B02664 - Clerk.docx Approval of the following Job Description: Road&Bridge Backup Material B02664-Clerk -•--Z "of: ,,,Z} :r Brazos County Template Revision 1.3 1 0/2 412 02 5 tf Job Description "9' Last Updated: September 2025 or. o. Class Number: B2664 Title: Clerk Pay Group: 11 Department: Road & Bridge FLSA Status: Non-Exempt Reports To: County Engineer Approved Date: 11/04/2025 EEOC Category: Administrative Support Workers General Summary: Acts as first point of contact for onsite Brazos County Road &Bridge customers/visitors.Manages multi-line phone system by handling general queries, routing inquiries to appropriate personnel and taking detailed messages. Supports office operations through various clerical and organizational tasks. Essential Duties: Serves as first point of contact for all incoming visitors, setting a positive and professional tone for the Brazos County Road& Bridge Department. Manages multi-line phone system by handling general queries, routing inquiries to appropriate personnel and taking detailed messages. Must learn and have working knowledge of Brazos County Regulations and the ability to research and provide accurate information to customers as needed. Accepts in person Brazos County Floodplain Development Permit Applications and Right-of-Way Permit Applications by answering general permitting questions and checking the accuracy of completed applications before acceptance. Must be eligible for and successfully obtain bonding as required for handling cash and financial assets. Must be eligible for and obtain Notary Public commissioning. Conducts the sale of Brazos County Trash Stickers for trash collections sites. Calculates and collects associated fees for services provided by the Brazos County Road& Bridge Department, and processes cash, credit,and check transactions. Retrieves, counts,and balances daily cash, check,and credit cards receipts.Accurately completes deposit slips for cash and checks.Maintains accurate records for all deposits and related documentation. Orders office supplies and equipment for the department as necessary. Manages and maintains the Oversize and Overweight Truck Permit Program. Cross trains with and provides support to Administrative Secretary as needed.Acts as a reliable back up, performing all necessary duties of the Administrative Secretary during their absence to maintain business contin t May assist other staff members as needed when approved by supervisor. APPROVED Other Duties as assigned. Supervision Received: From County Engineer Date Given: This is a non-supervisory position. R C' C0 County Judge Education Required: High school graduation or its equivalent;or any equivalent combination of education and J� experience that provides the required knowledge, skills,and abilities. Preferred: Experience Required: At least one year of experience.To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements fisted below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations • Required: Preferred: Fidelity Bonding and Commissioned Notary Public Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hands to finger, handle, or feel; reach with hands and arms; bend and kneel;and talk and hear.The employee frequently is required to stand and walk.The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision,distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Muititask across all responsibilities Communicate effectively both orally and in writing"Bilingual Preferred* Work effectively and cooperatively with coworkers,as well as customers Use Microsoft Suite and other applicable programs Reason and interpret laws, policies, and procedures as intended in Regulations, Ordinances and Design Guidelines Prepare concise and accurate reports Read financial documents, including purchasing, budget,and financial reports Basic bookkeeping practices and procedures; standard purchasing procedures and policies Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate.The employee is frequently required to work closely with others as a part of a team,to perform tedious and exacting work, to perform multiple tasks simultaneously, to switch from one task to another,and to work under time pressures to meet deadlines. - \ ATE Off ' OF BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Budget Office NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Request from the Tax Office for the following personnel changes with effective date as of November 8, 2025. This change has no impact to the Tax Assessor's FY 2026 budget. • a. Decrease B2321-1 Property Tax Supervisor-Tax Office, Group 22 Step 7 to Group 22 Step 5, Salary Full-Time • b. Decrease B2335-1 Accounting Supervisor-Tax Office, Group 22 Step 7 to Grour 22 Step 5, Salary Full-Time • c. Increase B2310-1 Office Manager-Tax Office, Group 21 Step 3 to Group 21 Step 5, Salary Full-Time • d. Increase B2313-1 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • e. Increase B2313-2 Administrative Clerk-Tax Office, Group 16 Step 6 to Group 16 Step 7, Hourly Full-Time • f. Increase B2341-1 Clerk I -Tax Office, Group 13 Step 4 to Group 13 Step 5, Hour Full-Time -O: Commissioners Court 'ROM: Nina Payne )ATE: 10/22/2025 'ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 >OURCE OF FUNDS: Fund 01000 - General Fund Division 13000100 -Tax Assessor- Collector-Administration kCTION REQUESTED OR Request approval. \LTERNATIVES: . /' t - ' :f..! 1 w: :per o; •.�Gti;TY0F0 P . - BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 11/4/2025 ' ITEM: Request from the Tax Office for the following personnel changes with effective date as of November 8,2025. This change has no impact to the Tax Assessor's FY 2026 budget. • a. Decrease B2321-1 Property Tax Supervisor-Tax Office,Group 22 Step 7 to Group 22 Step 5,Salary Full-Time • b. Decrease 82335-1 Accounting Supervisor-Tax Office,Group 22 Step 7 to Group 22 Step 5,Salary Full-Time • c. Increase B2310-1 Office Manager-Tax Office,Group 21 Step 3 to Group 21 Step 5,Salary Full-Time • d. Increase B2313-1 Administrative Clerk-Tax Office,Group 16 Step 6 to Group 16 Step 7,Hourly Full-Time • e. Increase B2313-2 Administrative Clerk-Tax Office,Group 16 Step 6 to Group 16 Step 7,Hourly Full-Time • f. Increase B2341-1 Clerk 1-Tax Office,Group 13 Step 4 to Group 13 Step 5, Hourly Full-Time TO: Commissioners Court FROM: Nina Payne DATE: 10/22/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Fund 01000-General Fund Division 13000100-Tax Assessor-Collector-Administration ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description IY&P TaxOtiice_Merno_11.4.25.pdf Tax Office Memo Cover Memo Tax Office_11.4.25.pdf Tax Office Calculations Backup Material APPROVE i111.4-1as ' i(N A cca L., Date A c-r-t:436, County Judge .S��TE OFT. :A, - Af :� .7 .. Fr N: :* '',f *. -'+1* of�SY./ BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval requested to issue US Bank credit cards to the following employees with a credit limit for each of$1,000.00 for conferences, travel and other department related expenses: • a. Chief Deputy Sean McCarroll, Constable Pct. 1 • b. Stacey Kasberg, Juvenile Services Department -O: Commissioners Court 'ROM: Presley Nelson )ATE: 10/23/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 JOTES/EXCEPTIONS: These credit cards are needed for hotels, conferences and travel outside the county, as well are regular department expenses. All expenses are fully budgeted by the department. ATTACHMENTS: File Name Description Type Sean McCarroll.pdf Request Letter Backup Material Stacey Kasberq.pdf Request Letter Backup Material $ . 7: :r-t / !1 • TYOF94 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETI NG: 11/4/2025 ITEM: Approval requested to issue US Bank credit cards to the following employees with a credit limit for each of$1,000.00 for conferences,travel and other department related expenses: • a. Chief Deputy Sean McCarroll,Constable Pct.1 • b. Stacey Kasberg,Juvenile Services Department TO: Commissioners Court FROM: Presley Nelson DATE: 10/23/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: These credit cards are needed for hotels,conferences and travel outside the county,as well are regular department expenses.All expenses are fully budgeted by the department. ATTACHMENTS: file Name Description Type Sean McCarroll.pdf Request Letter Backup Material Stacey_Kasberg.pdf Request Letter Backup Material APPRO it ( 14- OS c � Date Ac-CV36 County Judge ''.-.:..,,z 01,3•','''1?,.; . r ^ '. }1: Constable Jeff W. Reeves %1 i•41i-171'ci BRAZOS COUNTY PRECINCT 1 'S' 412 William D. Fitch Pkwy College Station,Texas 77845 Telephone: 979-695-0030 October 21,2025 '1'o: Purchasing From: Constable Jeff Reeves, Pct I Subject: County-issued Credit Card The Precinct l Constable's Office is requesting the issuance of a County-issued credit card for Chief Deputy Scutt Iv1eCuttoll. the curd will be used to hold hotel rooms fur training conferences and other mutters tclutcd to County business.The card would have a$1,000 limit. Please feel free to contact me with any questions. Sincerely, 4 i Je f W ti a es :Cf.------ Consta` ,Pct 1 Presley Nelson From: Stacey Kasberg Sent: Monday, October 27, 2025 11:51 AM To: Presley Nelson Cc: Linda F. Ricketson; Melissa White Subject: RE:Walmart Credit Card Program Ending Good morning. The credit card can be assigned to me to oversee, like I did the Waimart credit card.There will be staff from our department using the card to purchase items they need once I get a PO for the items. Our department would like commissioner's court approval for a credit card to be used to purchase certain items when needed from Wal-Mart.We would use the credit card to purchase items from Wal-Mart, like desserts, drinks, and paper goods for our quarterly Juvenile Board Meetings that are held at our department. Also,we would like to use the card to purchase student incentive items(snacks,games, restaurant gift cards)from Wal-Mart for our youth in detention,youth attending our Academy School, and youth in our STAR program to be used for school attendance,testing, academic achievement, positive behavior, reaching goals, holidays, etc.We would like our counselors to be able to purchase snacks for our youth participating in psychology groups. Lastly,we would like to use the credit card at Wal-Mart to be able to purchase clothing items, like t-shirts, belts, and jeans for youth attending our Academy School when families cannot afford the clothing for the Academy dress code.There could • even be a time that we need to use the credit card in an emergency to purchase food items from Wal-Mart when we run out of something and our food order is not delivered in time from the vendor. Thank you! Stacey Kasberg Administrative Services Manager Brazos County Juvenile Services Phone: 979-361-1825 Fax: 979-823-4211 r7't�T O.O..._ ly F. -. SATE OFTe ', IG e;: -',1.Y OF 9e'P BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Budget Office NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval requested for the FY 2026 Revision of the Capital Improvement Plan Policy. "O: Commissioners Court 'ROM: Nina Payne )ATE: 10/21/2025 :ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 \CTION REQUESTED OR Request approval. \LTERNATIVES: ATTACHMENTS: File Name Description Type Memo CIP 11.4.25.pdf Memo Cover Memo Capital Improvement Plan (CIP) Capital Improvement Plan (CIP)Policy-Revised 11/4/2025 Backup Material Policy - Revised 11.4.25.pdf Capital Improvement Program 2022.pdf Capital Improvement Program 2022 Backup Material Capital Asset Policy.pdf Capital Asset Policy Cover Memo E 0 0 tiQ •LTV OF 9�p' BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Human Resources NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following policy revision effective FY 2026: • a. 2.03.9 - Holiday Expiration -O: Commissioners Court )ATE: 10/28/2025 :ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 E 9.?" r a+��'s .•STY OF_0�P BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Human Resources NUMBER: DATE OF COURT MEETING: 11/4/2025 ITEM: Approval of the following policy revision effective FY 2026: • a.2.03.9-Holiday Expiration TO: Commissioners Court DATE: 10/28/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: - File Name Description I yR Request to approve Request_to_approve_revision of_Section_2.03.9_Hotday_Er�iration for Jail,Juvenile_Correctional_Medicine.pdf revision to Section Backup 2.03.9 Holiday Material Expiration APPROVED 14( ; � I I4-( as 14 M7' --CA Date A County Judge .. A`'E OF.'••. :�' BRAZOS COUNTY .. e HUMAN RESOURCES DEPARTMENT * �f * 200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803 n �, ,,' PHONE (979)361-4114 FAX(979) 823-6993 :Oi��T `` / R40 - r of�..••' MEMORANDUM Date: November 4, 2025 To: Hon. Kyle Kacal, Acting County Judge Hon. Bentley Nettles, Commissioner Pct. 1 Hon. Chuck Konderla, Commissioner Pct. 2 Hon. Fred Brown, Commissioner Pct. 3 Hon. Wanda Watson, Commissioner Pct. 4 From: Jennifer Salazar, HR Director Subject: Revision to Section 2.03.9 Holiday Expiration I am requesting the Brazos County Personnel Policy be revised by updating the section below. This revision will add the newly created departments of Jail Correctional Medicine and Juvenile Correctional Medicine to the 150 day Holiday Expiration policy due to the department's requirement to provide services on a 24/7 basis which would require them to work holidays. This policy allows employees additional time to utilize their holidays. SECTION 2.03.9 HOLIDAY EXPIRATION FOR SHERIFF'S OFFICE, JUVENILE DETENTION, JAIL CORRECTIONAL MEDICINE, JUVENILE CORRECTIONAL MEDICINE: • Employees of the Sheriffs Office, Juvenile Detention, Jail Correctional Medicine, and Juvenile Correctional Medicine who work on a holiday will have 150 days from the date of the holiday to use it. After this timeframe, the holiday will expire and will no longer be able to be used. If the holiday falls on a date in which the employee is scheduled to be off, the employee will also be allowed 150 days from the date of the holiday to use it. After this timeframe, the holiday will expire and will no longer be able to be used. AP : -,'t OFT f :� ,.: ; , •* it n'..�' * Co 1 y pG tio l BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: CC 2025 Texas Wildlife Damage Road and Bridge NUMBER: Management Field Agreement 10/1/2025-9/30/2026 )ATE OF COURT MEETING: 11/4/2025 TEM: Approval requested from Road & Bridge for Renewal of the Field Agreement with Texas Wildlife Service Program (TWSP)for the control and/or removal of nuisance animals (mammal/rodent/pest)from various dam structures in Brazos County from October 1, 202! -September 30, 2026. -O: Commissioners Court 'ROM: Karen Tyler )ATE: 10/23/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 1. Department requesting Agenda Item: Road and Bridge 2. Department impacted by Agenda Item: Road and Bridge 3. Brief explanation of Agenda Item and whether, or not it is in the current year budget: Brazos County has maintenance budget and No additional funding needE JOTES/EXCEPTIONS: for this project. 4. Consequences for failing to approve Agenda Item: Erosion of road right of way ar roadway damage, and safety concerns. 5. Deadline for Item Approval: As soon as possible 6. Site of work being performed, if applicable: ATTACHMENTS: File Name Description Type Field Agreement 2025 Field Agreement Backup Material 2026 - Wildlife Damage Management Services .pdf ME-6 (07/2017) Agreement No. FIELD AGREEMENT Among U.S. Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service- Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos County Road and Bridge D-pt. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSP]) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services. A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits, payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, 1931,(7 U.S.C.426-426c,as amended)and the Rural ' Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees, agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated. Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW, THEREFORE,Pursuant To Section 2 Above, It Is Mutually Agreed That: 1. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of$400.00 per trapping session -It S200 monthly trip charge for the period: (monthly,annually) Oct 1 2025 to September 30 2026 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30) days after receipt of this invoice will, at the option of the TWSP, terminate the agreement at the end of the period. IN WITNESS WHEREOF, the duly authorized officers of the parties hereto have ex' I. ' _ ement on the dates opposite their respective signatures. i /- 1Iaytr rn�E2 11' aoas By i �vroperatat, By District Supervisor By State Director STATE OFFICE MF-6 (07/2017) Agreement No. FIELD AGREEMENT Among U.S.Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos County Rod and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSPI) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits, payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, 1931,(7 U.S.C.426-426c,as amended)and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW THEREFORE,Pursuant To Section 2 Above,It Is Mutually Agreed That: 1. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of$400.00 per trapping session -1/ S200 monthly trip charge for the period: (monthly,annually) Oct 1 2025 to September 30 2026 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the option of the TWSP, terminate the agreement at the end of the period. IN WITNESS WHEREOF, the duly authorized officers of'the parties hereto have cxc • gr ent on the dates opposite their respective signatures. N b V E m(3€12 - , 020 O_G By r-----ram a or _, By District Supervisor By State Director STATE OFFICE ME-6 (07,2017) Agreement No. FIELD AGREEMENT Among U.S. Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos County Road and Bridge Dept. Cooperato In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSPj) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits, payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, 1931,(7 U.S.C.426-426c,as amended)and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. I00-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW. THEREFORE,Pursuant To Section 2 Above,It Is Mutually Agreed That: 1. The TWSP shall furnish supervision,of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of S 400.00 per trapping session - S200 monthly trip charge for the period: (monthly,annually) Oct 1 2025 to September 30 2026 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services Thc Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the option of the TWSP, terminate the agreement at the end of the period. IN WITNESS WHEREOF, the duly authorized officers of the parties hereto have execut = �*- nt on the dates opposite their respective signatures. tt ll__ �� �1 C>1/a✓YY1, C 02 doZ�J By i0 or By District Supervisor By State Director STATE OFFICE MF-6 (07(2017) Agreement No. FIELD AGREEMENT Among U.S. Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos County Road and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSP]) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits, payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as arc agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, 1931,(7 U.S.C.426-426c,as amended)and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW THEREFORE,Pursuant To Section 2 Above,It Is Mutually Agreed That: I. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of$400.00 per trapping session -� $200 monthly trip charge for the period: (monthly,annually) Oct 1 2025 to September 30 2026 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services • The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the option of the TWSP,terminate the agreement at the end of the period. IN WITNESS WHEREOF, the duly authorized officers of the parties hereto have execu is ent on the dates opposite their respective signatures. l) EMSt12. t+ snag BY rator By District Supervisor By State Director STATE OFFICE Al n UF• T44. -. 4YpYpF $q�P . BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Approval of the following FY 2026 Community Support Contracts: • a. Chamber of Commerce • b. Sexual Assault Resource Center -O: Commissioners Court )ATE: 10/22/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Chamber Funding Agreement.pdf Chamber Cover Memo SARC Contract (updated 10.14.2025) SARC Cover Memo - signed - signed.pdf AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE • BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ("Agreement") is made and entered into on October 1, 2025, by and between BRAZOS COUNTY,TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation (hereinafter referred to as "Chamber"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, WHEREAS, the County wishes to contract with Chamber as its agent pursuant to TEX. Loc. GOV'T CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: • B/CS Chamber Agreement Page 1 ARTICLE 1 Qualifications of the Chamber 1.1 The Chamber represents that it is a non-profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate, encourage, and develop business location and commercial activity in Brazos County. ARTICLE 2 Term 2.1 The term of this Agreement is for one (1)year, being effective as of October 1, 2025, and ending on September 30, 2026, (the "Present Term"), unless earlier terminated as provided herein. 2.2 Either party may terminate this Agreement,on thirty (30) days prior written notice to the others. 2.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE 3 Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business/Employers that will develop, diversify and/or expand the Brazos County economy, develop, or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; c. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan/College Station Chamber Day, sponsored by Brazos County. Brazos County will provide an unlimited number of participants on the day of the event. B/CS Chamber Agreement Page 2 Pre-publicity of the event in the media shall recognize Brazos County as the sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick-off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics affecting the state of the Brazos County economy. • f. Brazos County shall be invited to send one representative, at no charge, on the Chamber's annual legislative trip to Washington, D.C. to promote the issues impacting our community, including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi-annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. h. Provide the County with two booths, at annual Job Fair. i. Provide the Brazos County Commissioners Court with a table at the annual Economic Outlook Conference. 3.3 The Chamber shall receive the sum of Fifteen Thousand and No/100 Dollars ($15,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). Seven Thousand Five Hundred Dollars ($7,500.00) shall be payable to Chamber upon the execution of this Agreement and the remaining Seven Thousand Five Hundred and No1100 Dollars ($7,500.00) shall be payable on or before September 30, 2026. 3.4 The County shall make Assembly Room 2 at the Brazos Center available to the Chamber at no cost on the last Thursday of each March from 8:00 am to 4:00 pm. 3.5 The County shall make Brazos County facilities available to the Chamber, at published price, for Chamber sponsored events. ARTICLE 4 Accounting 4.1 The Chamber shall provide, no later than February 1, 2026, an audited financial accounting, or an internal audit financial report of the Chamber. B/CS Chamber Agreement Page 3 ARTICLE 5 Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or another reliable courier. Notice to the County shall be sent to: Kyle Kacal, Acting County Judge Brazos County Courthouse 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Notice to the Chamber shall be sent to: Glen Brewer, President and CEO Bryan/College Station Chamber of Commerce 1733 Briarcrest Drive, Suite 200 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership, or employee-employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. B/CS Chamber Agreement Page 4 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and ali consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents, and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation By: By: ZIA, ,Sil.are-.., Ky 2;0., Acting County Judge Glen Brewer, President & CEO Date: 1 l ,1 14- j oa0aS Date: l 1))1 5 , 5 Attest: By: .git(„9/..a.A1/1parjum---_ Karen McQueen, County Clerk ,4 IS. d(64-40ad4oralury----- CA4 ate alleat B/CS Chamber Agreement Page 5 • +. LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing —Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms, that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, Iimited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. LL crier-Ti j�� ) /',j.�j , r /� f����` }�, Company Name: 16g.� N1Gt7LLT -67.- VI' 'V4t` 1•`�` Gz ,oF WIv`JV e Authorized Company Representative: 1.lL. �► 1 ,yZ�i Y�Y E IZ Address: 11 Net NzaT PR• 4,✓ 2DO 13241:1‘)/- Signature: Date: 1v11 Si - Contract#: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter"Provider"), located in Bryan, Texas, and is effective October 1, 2025. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October 2025 and terminating 30th day of September 2026. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement Page 1,of 12 USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a total $60,000.00 ("Funds") for the term of this Agreement for the year beginning October 1, 2025 and ending September 30, 2026. Payment of such sum will be paid upon receipt of invoice. Invoice should be submitted to the accountspavable[a?brazoscountytx.gov email address. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Provider agrees/to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be Sexual Assault Resource Center Agreement Page 2.of 12 prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not, otherwise • require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. Statistics from October 1, 2024 through September 30, 2025 must be submitted prior to payment. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for recordkeeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or Sexual Assault Resource Center Agreement Page 3,of 12, other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge,.no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. TERMINATION Provider or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination Provider agrees to return funds to County of a pro rata basis based on a twelve (12) month calculation. Sexual Assault Resource Center Agreement Page 41 of 12 NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 29th Street, Bldg C, Bryan, TX. Brazos County Commissioners Court County Administration Building 200 South Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. Sexual Assault Resource Center Agreement Page S;of 12 DATED this l day of 0 Q e me Cam" , 2025. Brazos County Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center L C KYL L, Acting County Judge Laurie Charles, Board President ATTEST: ATTEST: 46/.120,0(261.0.0.— 4 pi,"4141404.424t6._ KAREN McQUEEN, County Clerk Kim Dimmett, Executive Director 43 T. 9ur•a Cktefateot Signature: ,ey„,path - Email: kdimmett@sarcbv.org Sexual Assault Resource Center Agreement Page 6 of 12 EXHIBIT A BRAZOS COUNTY PROVIDER AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. .51320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Provider" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Provider on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Provider Obligations. Provider agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health Information ("PHI"). Provider shall not use PHI except as necessary to fulfill the purposes of this Agreement. Provider is permitted to use and disclose PHI as necessary for the proper management and administration of Provider or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Provider shall in such case: Sexual Assault Resource Center Agreement Page 71of 12 (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Provider discloses PHI received from Covered Entity or created or received by Provider on behalf of Covered Entity, to agents, including a subcontractor, Provider shall require the agent to agree to the same restrictions and conditions that apply to Provider under this Agreement. Provider shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Provider shall be fully liable to Covered Entity for any acts, failures, or omissions of the Agent in providing the services'as if they were Provider's own acts, failures, or omissions, to the extent permitted by law. Provider further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Provider works for more than one Covered Entity, Provider is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and,only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De-identified Information. Use and disclosure of de-identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de-identification is in compliance with 45 CFR §164.502(d), and any such de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR §164.514(a) and (b). Sexual Assault Resource Center Agreement Page 8 of 12 5. Notice of Privacy Practices. Provider shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Provider such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Provider relied prior to such notice. 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Provider's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Provider shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Provider is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Provider shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Provider shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Provider agrees to return or destroy all PHI received from Covered Entity that Provider maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Provider agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Provider maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Provider agrees as follows: (a) Correction of PHI. Provider agrees that it will amend PHI maintained by Provider as requested by Covered Entity. Sexual Assault Resource Center Agreement Page 9 of 12 (b) Individual Right to Copy or Inspection. Provider agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Provider agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Provider and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. (c) Individual Right to Amendment. Provider agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Provider maintains a record in a designated record set that is not also maintained by Covered Entity, Provider agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Provider agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Provider agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12-month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Provider informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Sexual Assault Resource Center Agreement Page 10,of 12 (c) Such accounting shall be provided as long as Provider maintains the PHI. D. Internal Practices, Books, and Records. Provider shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Provider on behalf of the Covered Entity to the U.S. Department of Health and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Provider agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Provider or its agents in connection with the performance of Provider's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs, and expenses of which shall be the responsibility of Provider. Covered Entity shall provide Provider with timely notice of the existence of such proceedings and such information, documents, and other cooperation as reasonably necessary to assist Provider in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Provider violates this Agreement or the HIPAA Rules, Provider agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Provider. H. Termination for Breach. Without limiting the termination provisions herein, if Provider breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Provider related to its use and disclosure of PHI, require Provider to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is Sexual Assault Resource Center Agreement Page 11 of 12 necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment. Provider and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Accepted: ieed la pei el et 101042, Provider Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center Signature: Email: kdimmett@sarcbv.org Sexual Assault Resource Center Agreement Page 12 of 12 SARC Contract (updated 10. 14.2025) Final Audit Report 2025-10-15 Created: 2025-10-15 By: Kim Dirnmett(kdimmett@sarcbv.org) Status: Signed Transaction ID: CBJCHBCAABAAXQBRh3oyeBHZL4Y0HPtnfs9MsQ6BscDL "SARC Contract (updated 10.14.2025)" History in Document created by Kim Dimmett(kdimmett@sarcbv.org) 2025-10-15-6:07:25 PM GMT do Document e-signed by Kim Dimmett(kdimmett@sarcbv.org) Signature Date:2025-10-15-6:08:29 PM GMT-Time Source:server O Agreement completed. 2025-10-15-6:08:29 PM GMT { Es Adobe Acrobat Sign LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224,Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sarn.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification, Respondent must so indicate in its Response and slate why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(I) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: 1v'0.Zo j Court{z 'RA pe Cam'/s 1 e• C4-+r C SA RC Authorized Company Representative: m 17 IAA tnn•P Address: Li b 14 Zane Ov u I e30 CI)2,3e 5 4-cl-An D 1-7 S1-1 6 Signature: Date: C1 f t 2 Contract#:+++ p,'csa� . sA,o.,.pG4 T � OF� BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: CC 2025 Lake Millican Estates La Road and Bridge NUMBER: 14R and Lot 25R Final Plat-Reply of Lots 14 and 25 )ATE OF COURT MEETING: 11/4/2025 TEM: Request for approval of the Final Plat of Lake Millican Estates Lot14R and Lot 25R, being Replat of Lots 14 and 25; BBB & C Railroad Survey, Abstract 85; Brazos County, Texas. Site is located in Precinct 1. -O: Commissioners Court 'ROM: Karen Tyler )ATE: 10/27/2025 'ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 1. Department requesting Agenda Item: Road and Bridge 2. Department impacted by Agenda Item: Road and Bridge 3. Brief explanation of Agenda Item and whether, or not it is in the current year budget: Plat denotes a lot line change between 2 adjoining lots; this chant JOTES/EXCEPTIONS: has No affect on the current year's budget. 4. Consequences for failing to approve Agenda Item: 5. Deadline for Item Approval: As soon as possible. 6. Site of work being performed, if applicable: Lot 25 fronts FM 2154 and Lot 1 fronts SH 6 South. ATTACHMENTS: File Name Description Type Lake Millican Estates Lots 14R and 25R Final Plat.pdf Plat Backup Material Memorandum - Plat Review- Memorandum-Plat Review Process Backup Material Lake Millican Estates Lots 14R and 25R.pdf Lake Millican Estates Lots 14R and Lot 25R - Plat Application.pdf Application for Development Cover Memo • TYOv •• BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2025 Lake Millican Estates Lot Road and Bridge NUMBER: 14R and Lot 25R Final Plat-Replat of Lots 14 and 25 DATE OF COURT MEETING: 11/4/2025 ITEM: Request for approval of the Final Plat of Lake Millican Estates Lot14R and Lot 25R,being a Replat of Lots 14 and 25;BBB&C Railroad Survey,Abstract 85;Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/27/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 1. Department requesting Agenda Item: Road and Bridge 2. Department impacted by Agenda Item: Road and Bridge 3. Brief explanation of Agenda Item and whether,or not it is in the current year's budget: Plat denotes a lot line change between 2 adjoining lots; this change NOTES/EXCEPTIONS: has No affect on the current year's budget. 4. Consequences for failing to approve Agenda Item: 5. Deadline for Item Approval: As soon as possible. 6. Site of work being performed,if applicable: Lot 25 fronts FM 2154 and Lot 14 fronts SH 6 South. ATTAgiNJENTS: File Name Description Type Lake_Millican_Estates Lots 14R and 25R Final PlaLpdf Plat Backup Material Memorandum_- Plat Review- Memorandum-Plat Review Process Backup Material Lake_Millican_Estates Lots_14R_and 25R.pdf Lake_Millican_Estates Lots 14R and Lot 25R - Application for Development Cover Memo _Plat Appfication.pdf APPROVE'/ L( as • Kq larAcink Date A c1i.N(,County Judge • Lo,••p r••w r ors..W•r...5.TlMeml I . • tr▪r.r•.1.•1••••1W®.r Wy,.•r.Mar.o•r (-1 / I 1.•0.4r•r• a�•anr. �..00. f .o••b.w.r r^pW d a if..a r.moll -/ ...f.W ulpin•.•pk.tsr r.+a.mrdr +# II f�Y4�rrYo..rr.�4r.••yY.�4 • all6fi EI�{f.nrlm.ra•1.IOY[.6 rt.....rrrrrrr Y••rri�•rrw 1n.. 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Banerji, P.E., C.F.M., Brazos County Engineer Memorandum To: Brazos County Commissioners' Court From: Prarthana Banerji,PE, CFM Date: October 27, 2025 Subject: Plat of Lake Millican Estates Lot I4R and Lot 25R—Being a Replat of Lots 14 and 25 I have reviewed the subject document to ensure all applicable requirements are in compliance with the Brazos County Subdivision Regulations, approved July 5,2016,by the Commissioners' Court of Brazos County,Texas. In addition, I affirm the following: Plat Application received, signed and dated Plat review fees have been paid Copy of plat provided to Brazos County for review Copy of plat provided to Health District, 911 and Water district/company for review Confirmation was received from Health District for On-Site Sewage evaluation Confirmation was received from Brazos County 911 for addressing/accessibility Confirmation was received from Water District/Company of water availability Development is not located in a city ETJ I recommend the Final Plat of Lake Millican Estates Lot 14R and Lot 25R be submitted to the next available Commissioners' Court agenda. 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453 Brazos County Road&Bridge Office o 2617 SH 21 West Bryan,TX 77803 ter' la Telephone: (979)822-2127 {;r� `;' • Fax: (979 775-0456 ` • Email:plats(a.btazoscountYbc.gov • PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE':07-28-2025 RESUBMITTAL: 0 YES 0 NO PROJECT/SUBDIVISION NAME:REPLAT LAKE MILLIGAN ESTATES LOTS 14R &25R Kerr25-0774 PROJECT ADDRESS OR LOCATION:26168 STATE HIGHWAY 6 SOUTH, NAVASOTA TX 77868 LEGAL DESCRIPTION:LOTS 14 & 25, LAKE MILL1CAN ESTATES, VOL. 575, PG. 285 DRBCT IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS:- NUMBER OF LOTS:2 TOTAL ACREAGE 10,88 ACRES JURISDICTION. ❑ CITY UMITS 0 ETJ I OUTSIDE ALL CITY LIMITS AND ETJs • Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application data of the project. TYPE OF APPLICATION O MASTER PLAN ❑ SIMPLIFIED PLAT 0 PREUMINARY PLAN ❑ FINAL PLAT 0 AMENDING PLAT REPLAT APPLICATION PURPOSE ❑ RESIDENTIAL 0 MANUFACTURED HOME 0 COMMERCIAL RENTAL COMMUNITY ❑ OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES m 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 liabflity on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-CF-WAYS? ❑ YES m NO DIGITAL FILE SUBMISSION COUNTY ENGINEER 0 ADOBE(.pdf file) AutoCAD(.dwg file) (Erna To:plats@brazosoountybc.gov) 911 ADDRESSING 0 ADOBE(.pdf file) AuloCAD(.dwg file) (Email To:pistbrargscoUOMMtx.00v) CONTACT INFORMATION -74!-•-,177-77-: • -..• • • •• • •,.0•'••t!, -•••!. • .7, FIRM NAME KERR SURVEYING, LLC comrAci:TJ FRANK ADDRESS:1718 BRIARCREST DR CITY:BRYAN STATE:TX ZIP:77802 PHONE 9792683195 I FAX: platsegkerrsurveying.net l000tormilkouoosioditz: .: 4;:ca-4,14 • .7ii;3 -It-%se 4.. FIRM NAME:MONTCLAIR COMPANIES, LLC CONTACT: ADDRESS: ro 151 y 1OI15 CITY: CO keit41Ak. . 1 STATE: 11*its 1AP: 1/8 qa. PHONE: ¶fj . ado- 11.3) I FAX: EMAIL b4,v,q e. • -" • -•••-• • ••-• - • •!i-.•••'•P: ••;.0...••••rk• s-• ig.4211;iri"Xv FIRM NAME: CONTACT: ADDRESS: CITY: [STATE: MP: PHONE: FAX EMAIL s? ;i'. 6-.41fLailiKeiiltg-lv;i't •'tt'••,."*.P.:4:::f...10!;;;;IgtVigig*:;144. 4"4:- • • • , -•.-q•e-.7',,A1,0• ••A•L • WW.44 FIRM NAME:SEE APPLICANT CONTACT: ADDRESS: CITY: 1 STATE: I ZIP: PHONE: I FAX: EMAIL: tEfger'-.11* ef<.V-e" '';,"•%'044% iVFL 14.1'."‘";%rW)••'V% It41."4::4-rqL4144:14 • • .. • ....t eg:;c: .. • k.•c, FIRM NAME: CONTACT: ADDRESS: CITY: STATE: I ZIP: PHONE: I FAX: EMAIL PROPERTY OWNER CONSENT I AGENT AUTHORIZATION By my sigret<rs,I heresy affirm that I ern Ow property Owner of record,or if the Appbcart le an organization or business entity,that authorization has been granted to represent the Owner,orgarrize ion or business in this Application.I certify that the pleasing Information to complete and accurate,end it La understood that I to the DevaiopmM/Subdivfsion of this property.� SIGNATURE;, INTER NAME: L-1.wlaat 60164.M4n DATE1 /��/' SIGNATURE: PRINTED NAME: DATE: By string this form, the Owner of the property etthtorizes Brazos County to begs prooeedngs In accordance with the proceat for the type of Application°ideated on page one of this Application.The owner further acknowledges thst submission of on AppCrcstion does not in any way obbgete the Dourly to approve the Application and that although County staff may make certain recommendations nrgrurhrg this Application, the Commissioner's Cout may not foam that raoommartdstion and may make a fird decision that does not conform to the atafra reo m neridabon. CALCULATIONS OF FEES MASTER PLAN: No Marge SIMP_UFIED PLAT: S100 PRELIMINARY PLAN: VIM+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100ran= S2oo 11111 RECEIPT BY 6RAZOS COUNTY ,;.iIIiC'3I .M;! DATE APPLICATION REC /6 I Z7 DATE APPICATION RECEIVED/REJECTED: I I SIGNATURE SIGNATURE Receipt of this tloation by Brasi`os County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional irtormation 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): I/A;Pdfs&Dwg Sent 0 Three(3) hard copies to Brazos County i� One(1) .pdf copy to Brazos County i i One(1) .dwg copy to Brazos County One(1) hard copy to Brazos County Health District i2! One (1)hard copy to Brazos County 911 VI 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. J Letter from Brazos County 911 - For Road names. Ve Letter from Water District or Company. -Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ)of a City: NM 0 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 ail documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. SIMPLIFIED FIiNAL PLAT REQUIREMENTS Every Simplified Plat shall include ail of the following: lig Title Block with the following information: 91 Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ig Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) t! Date of preparation. (include the date of any revisions on the plat.) $ Engineer's scale in feet. Total area intended to be developed. QS Proposed number of Lots to be developed. 91 Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. North arrow. 2 Drawn on 24'1 x 366 sheet to scale of 100-feet per inch or larger. 2 Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. fig All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1 088 Datum. A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. D Ail adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ti All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. 4! County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. 95 Road names and Right-of-Way width for all Roads. (Existing and proposed) Q1 All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. 21 Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) N/A 0 Pipelines: label company with volume and page. 21 All certification language as found in Appendix C. Pi Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) Qf All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT -Light Duty Setting' monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bemsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented In compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 21 Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. id The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. N/A 0 The location, zone classification and panel Effective Date of the 100-Year Floodplain as Identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency(FEMA). N/A ❑ If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 84 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. N/A 0 BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. N/A 0 A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. N/A ❑ if any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FEE. 0 A separate drawing containing both existing and proposed topographic Information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). 21 The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. 0 If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that To BE it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, REQUESTED Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. ction of N/A 0 If the plat contains a ater ell site, thee 1wChapter 290rSubchlapter D Rutel§2g0.4t the TCEQ separation requirements per Title 30 Sis If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. i� If any areas of the plat are located outside of all incorporated areas, the plat note as found in t t from e County G.1 regarding Administrator strathe tor prior to nt to locating or altering ingue Daestructu enorlandlshall e placed oos n County Floodp the plat. Sd is the responsibilityfwitth dife ferent sections aner to assure re consideat the redsed name of the unique. The Owner shalSubdivision check with duplicated. Subdivisions the County Clerk's records for verification. NIA 0 Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. 0 if entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm-io-market Roads, or others, copies of correspondence with TxDOT are ay configuration to be sswifi intTxDOT's the gu delines.Preliminary Formal approval of that thethe layoutgeneral from TxDOT is required coniiguret o prior to approval of Final Plat. WA o The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. WA 0 The Owner shall provide a letter of serviceability from an entity or entitles providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. N/A 0 Any Improvements proposed within the Right-of-Way including, irrigation, ll butmaintained in not limited to, irriaccogrdance landscaping, sidewalks, Subdivision identification signs, with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. id Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. N/A 17 Ali existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. MASTER PLAN / PRELIMINARY Pl. AN RhQUIREMEN I"S Every Master Plan/Preliminary Plan shall include all of the following: 0 Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ❑ Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) ❑ Date of preparation. (Include the date of any revisions on the plan.) ❑ Engineer's scale In feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. ❑ Abstract name and number. O The Preliminary Plan shall carry the legend 'PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY'. ❑ North arrow. ❑ Drawn on 24' x 36' sheet to scale of 100-feet per Inch or larger. ❑ Subdivision boundary indicated by heavy lines. Boundary must Include all of Parent Tract. 0 All horizontal control and vertical elevations depicted on the plan shall ba tied to NAD83 and NAVD 1988 Datum. ❑ A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. O County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right-of-Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. O Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) O Pipelines: label company with volume and page. ❑ The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet. regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. ❑ Size, in acres, of all Daughter Tracts. ❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. D All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a pia n note. O Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. O The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. 0 The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. O The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). O If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 84 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for an points within the plat. O BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. O A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-Inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. O If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or Immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. O A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). Q if the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification, O The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. controlled highways, farm-to-market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. For Road widening and drainage purposes the Owner shall dedicate the Right-of-Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right-of-Way. n Indicate the centerline length of each Road in the proposed Subdivision and its design speed. n If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. n Locations of existing and proposed private alleys. ULocations of existing and proposed public areas. CLocations of other public Improvements, including but not limited to parks, schools and other public facilities. CThe location of proposed cluster mailboxes, as required. I 1 All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. LII Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. • Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. n If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. n Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. Drainage narrative in compliance with the BCEDG. l Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. n All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: Le_ For Road widening and drainage purposes the Owner shall dedicate the Right-of- Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right-of-Way. 711 public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. i✓l The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. Ir f Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ElIf more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. HIf the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. l 1 Locations of existing and proposed private alleys. Locations of existing and proposed public areas. u Locations of other Public Improvements, including but not limited to parks, schools and other public facilities, Ir_.1 All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. 171 Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. U If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. ATE Op ..'. 7 • .OG�,TY OF @ -P2. Q , BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Road and Bridge NUMBER: CC-2025-PPA-Wild Horse Run- Mirabolfathi )ATE OF COURT MEETING: 11/4/2025 TEM: Request permission to enter private property owned by Nader Mirabolfathi at 5903 Wild Horse Run (River Run Subdivision). County will repair erosion and install rock rip-rap to protect roadway and lessen future erosion. Site is located in Precinct 1. -O: Commissioners Court 'ROM: Joe Salvato )ATE: 10/27/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Department requesting agenda item: Road and Bridge Department impacted by agenda item: Road and Bridge Brief explanation of agenda item and if in current year budget: Brazos County will repair erosion and install rock rip-rap in the ROW and on small portion of private property to slow JOTES/EXCEPTIONS: the speed of water down to protect roadway and lessen future erosion. Brazos County has maintenance budget and NO additional funding needed for project. Consequences for failing to approve agenda item: More erosion and potential roadway damage Deadline for agenda item approval: As soon as possible Site of work being performed: Precinct 1 - River Run Subdivision - 5903 Wild Horse Run ATTACHMENTS: File Name Description Type PPA-Wild Horse Run-Mirabolfathi.pdf PPA-Wild Horse Run-Mirabolfathi Backup Material :,moo•` - do •.G . ,ram .='4 . YOF� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: and Bridge NUMBER: CC-2025-PPA-Wild Horse Run- RoadMirabotfathi DATE OF COURT MEETING: 11/4/2025 ITEM: Request permission to enter private property owned by Nader Mirabolfathi at 5903 Wild Horse Run(River Run Subdivision), County will repair erosion and install rock rip-rap to protect roadway and lessen future erosion. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 10/27/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Department requesting agenda item: Road and Bridge Department impacted by agenda item: Road and Bridge Brief explanation of agenda item and if in current year budget: Brazos County will repair erosion and install rock rip-rap in the ROW and on small portion of private property to slow NOTES/EXCEPTIONS: the speed of water down to protect roadway and lessen future erosion. Brazos County has maintenance budget and NO additional funding needed for project. Consequences for failing to approve agenda item: More erosion and potential roadway damage Deadline for agenda item approval: As soon as possible Site of work being performed:Precinct 1 -River Run Subdivision-5903 Wild Horse Run ATTACHMENTS: File Name Description Tvue PPA-Wild_Horse_Run-Mirabolfathi.pdf P PA-Wild Horse Run-Mirabotfathi Backup Material APPROVED i l j a5 1L41 (I,--A 1, Date Acl'-.10G Count' i+ge ii. 'ilf:; :' '.,:\ BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E.Duane Peters Prathana Benefit,P.E..CFM Brazos County Judge County Engineer Brazos County Road&Bridge Dept_ Bendy Nettles 2917 SH 21.West Comm:ss[oner Pct.1 Bryan.Texas 77803 Office: 979-822.2127 Chuck Konderla Fax: 979-775.0453 Con mssioner Pct.2 Fred Brown Comm:ssioner Pct.3 Wanda Watson Commissioner Pct.4 I. OWNER(S): Nader & Shifteh Rastin Mirabolfathi II. ADDRESS: 5903 Wild Horse Run College Station, Texas 77845 Ill. LOCATION OF WORK: 5903 Wild Horse Run, College Station, Texas R97749, River Run Subdivision., Block 4, Lot 16, 3.353 acres IV. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property to repair erosion and install rock rip-rap to slow the speed of water down in drainage easement for the protection of roadway. This work is being done for the health, safety and welfare of the general public. Site located in Precinct 1. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATED FREQUENCY OF MAINTENANCE: Only at times of erosion I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above-mentioned private property for roadway maintenance purposes. Owner's Signature: Date: 10/24/2025 / 5-------7-----'..-- / Prathana Banerji, P.E. Jo . Salvato County Engineer Right of Way Agent S' ' O p P :4 iN .7 Vn ` O ,: .G _ A, • MTYUfBQ`� .. BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Road and Bridge NUMBER: CC-2025-Utility Permit-Brazos Wifi-Cherokee Drive )ATE OF COURT MEETING: 11/4/2025 TEM: Consider and take action on the Brazos WIFI utility permit to directional bore 4,600 feet of fiber optic conduit within the right-of-way of Cherokee Drive for internet services. Project also includes one (1) road bore. Site is located in Precinct 1. -O: Commissioners Court :ROM: Joe Salvato )ATE: 10/28/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Department requesting agenda item: Road and Bridge Department impacted by agenda item: Road and Bridge Brief explanation of agenda item and if in current year budget: Brazos WIFI will install 4,600 of fiber optic conduit within the ROW of Cherokee Drive, project also includes 1 roac JOTES/EXCEPTIONS: bore. Brazos County has NO financial responsibility in project. Consequences for failing to approve agenda item: Less customer choice for internet Deadline for agenda item approval: As soon as possible Site of work being performed: Precinct 1 - Cherokee Drive from SH 6 frontage road, south to cul-de-sac dead end ATTACHMENTS: File Name Description Type Utility Permit-Brazos Wifi- Utility Permit-Brazos Wifi-Cherokee Drive Backup Material Cherokee Drive.pdf , Nam': *11 !I* • NrY otr 9�r•. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2025-Utility Permit-Brazos Wifi-Cherokee Drive DATE OF COURT MEETING: 11/4/2025 ITEM: Consider and take action on the Brazos WI Fl utility permit to directional bore 4,600 feet of fiber optic conduit within the right-of-way of Cherokee Drive for intemet services. Project also includes one(1)road bore.Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 10/28/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Department requesting agenda item: Road and Bridge Department impacted by agenda item: Road and Bridge Brief explanation of agenda item and if in current year budget: Brazos WI FI will install 4,600 of fiber optic conduit within the ROW of Cherokee Drive,project also includes 1 road NOTES/EXCEPTIONS: bore. Brazos County has NO financial responsibility in project. Consequences for failing to approve agenda item: Less customer choice for intemet Deadline for agenda item approval: As soon as possible Site of work being performed:Precinct 1 -Cherokee Drive from SH 6 frontage road,south to cul-de-sac dead end ATTACHMENTS: File Name Description Type Utility_Permit-Brazos_Wifi- Utility Permit-Brazos Wifi-Cherokee Drive Backup Material C herokee_D rive,pdf APPR0 I lactick Date �C-CL Cou udge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct,maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Cherokee Dr. 1269 feet from Hwy 6 South. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the county ROW on the west side of Cherokee Dr for the length of Cherokee Dr. from the intersection of Hwy 6 South , approx. 4600 feet to the end of the cul-de-sac of Cherokee Dr. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction1shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: l44t lTa74 Signature Project Manager Title 12135 S. Hwy 30, College Station, TX 77845 Address (979) 999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated October 27, 2025 except as noted below: EXCEPTIONS: None Bra• T County Engineer Brazos Will - Cherokee Dr. ".r‘•4', 7( .`NA, " , Le gen d , s. -.... 17x30,HancirlotO 30172:185.5 .L221-3901 ,' .Z49/4. .• Directional bore 60 feet under Cherokee Dr. 1268 feet ,,:ff,,,,,...: ••..,... 4.-, - i..:. -,....,:, 44 from Hwy 6 South.Crossing will bee minimum of 36 inches ,' 4!":'.S.'N ..- s.'- ' .1 • r- !I '''.'''' under the bottom of the cfitch and a minimum of 60 inches under the roactway. ;;:,;\-\1,:„..., - •;•,, -\-, •''' ? P i ' \ •. ., '-'''kltr. .`‘ , . --•\°,\1 . 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Ale f Al 1 1 c. �"' 141 r 3 nk 11114 i� /i v O I mw-any, Y? /CIL ,lp "i �_� // I [GC/tririYA%'P , s'°Cr`'/0,` 'L ® - f . n ' . /r r ® mot.. o, v • 0 N` w /r N. 04 Yr +a ./.• • '▪ ter :'m swag rm. 4.2 �M1 Warn OPrua•> •� ='=•\ • _.r.r..r r,r..r ar r.V.:b• 3 w,+_c.rt 4/ Creams OM xwtr+ • -4.r 4r- �,••••w b wr' ' ':pw., i•, • f wain r Ulm.* ). 1._ `i�' I 0 '•• 4_.�;zcaMaK+'2;>T OM Y _ •._r_... _ a INDIAN OAKS 4. `� -...':.Mk ...._.....�4 87.93 ACRES .�- C� r.-_ F 1 t E D J.M- BARRERA SURVEY h h �r.r. .+.w. rr•r..�....rs r..•.ri!f r 'MM� w�AZQ.S COUNTY,TEXAS t ,�—• — 313/708 , r:-.�'........... .. ..rower row SCALE:I".200' z= DRAWS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY el. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. • 3. The permittee shall take precautions to avoid damage to property. MI County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of prior occupant. 5. Permittee shall not interfere with other utilities located in the right away. In the event damages occur, permittee‘vill be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not pertnittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or Wan alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual orUnit'orrn Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department ofTranspottation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the buck of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit,excavation, hole) left open over night, requires secific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way: 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards i. All overhead installations shall conform to clearance standards of the Texas Department of'!'ransportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Catle, Section 181.045. 2. All pole installation(including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation ol'this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these arc minimum depths--utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch (low line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater at'right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally 1' Phone—2-4 feet, nominally 3' Gas—4-6 feet, nominally 5' Cable -•6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above,however,the County Engineer or its designated retiresentative will provide final approval of each utility location. 7. 'l'he length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS 1V11'I lIN COLIN re ROAD PAVEMENT; b. be pressure grouted for the lull length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. 'I:NDOT Standard Specification Item 476 shall be followed for ail boring,jacking, tunneling and joints. 4. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10, Any installation within ten(10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may requite shoring to protect pavement integrity. d. MI excess water and mud shall be removed from the twitch prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. I'. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction andlor maintenance equipment on the traveled surface orally improved County road will not be permitted,except in an instance whereby the laying,construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road (asphalt, cement,road base, etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection" from the Army Corps of Engineers fur all designated wetlands and environmentally sensitive lands. • E. Emergency work I. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 2/1 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used E Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or•repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of uti/hies: I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,alteration or relocation of all or any portion of said road,any or all poles, wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said road, or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way. 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BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2025 Southern Pointe Ro Acceptance-Sections 203 an DATE OF COURT MEETING: 11/4/2025 ITEM: Request from Brazos County Municipal Utility District No. 1 and Southern Pointe LLC for ac the following Southern Pointe roadways into the Brazos County Road System: • a.Southern Pointe Section 203 • b.Southern Pointe Section 700 Pursuant to the Interlocal and Funding Agreement For the Maintenance of Roads betw County and Brazos County Municipal Utility District No. 1 dated December 27, 201( Supplement to the Interlocal and Funding Agreement dated March 5, 2024, Brazos C, not assume any responsibility for the maintenance of the accepted roads. Site it Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/21/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 1. Department requesting Agenda Item: Road and Bridge 2. Department impacted by Agenda Item: Road and Bridge 3. Brief explanation of Agenda Item and whether or not it is in the current year's budget: Ir Funding Agreement for the Maintenance of Roads between Brazos County and Brs NOTES/EXCEPTIONS: Municipal Utility District No. 1; approval does not impact the current budget 4. Consequences for failing to approve Agenda Item: 5. Deadline for Item Approval: 4/8/2025 6. Site of work being performed, if applicable: Development is located SH 6 South and F Cut Off Road. ATTACHMENTS: File Name Descript ILA and 2016-12-27 Interlocal and Funding Agreement for the Maintenance of Roads between MUD #1 and Brazos County.pdf Funding Agreemer First Suppleme 3 5 2024 First Supplement to Interlocal and Funding Agreement for the Maintenance of Roads between Brazos County and MUD No. 1.pdf to the ILA Funding Agreemer County Approval County Approval Southern Pointe Section 203.pdf Southern Pointe 20; Final Plat SP Sectio SP 203 Aff of Bills Pd -Lien Waiver.pdf of Affida of Bills Pa Lien Waiv SP Sectio SP 203 Bonds.pdf 203 Bond; SP Sectio 203 SP 203 Substantial Completion Letter.pdf Substantiz Completio Letter County Approval Southern Pointe Section 700.pdf County Approval Rni ithprn rinai mat SP Sectio SP 700 Aff of Bills Paid.pdf 700 Affida of Bills Pa Lien Waiv SP Sectio SP 700 Bonds.pdf 700 Bond: SP Sectio 700 SP 700 Substantial completion.pdf Substanti< Completio Letter Memoranc Memo-Southern Pointe Road Acceptance - Sections 203 and 700.pdf -Road Acceptanc ;t� eOF T•. r., tier rrav8� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2025 Southern Pointe Road Acceptance-Sections 203 and 700 DATE OF COURT MEETING: 11/4/2025 ITEM: Request from Brazos County Municipal Utility District No. 1 and Southern Pointe LLC for acceptance of the following Southern Pointe roadways into the Brazos County Road System: • a.Southern Pointe Section 203 • b.Southern Pointe Section 700 Pursuant to the Interlocal and Funding Agreement For the Maintenance of Roads between Brazos County and Brazos County Municipal Utility District No. I dated December 27, 2016 and First Supplement to the Interlocal and Funding Agreement dated March 5,2024, Brazos County does w assume any responsibility for the maintenance of the accepted roads. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/21/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 1.Department requesting Agenda Item: Road and Bridge 2.Department impacted by Agenda Item: Road and Bridge 3.Brief explanation of Agenda Item and whether or not it is In the current year's budget:Interlocal and. Funding Agreement for the Maintenance of Roads between Brazos County and Brazos County NOTES/EXCEPTIONS: Municipal Utility District No.1;approval does not impact the current budget 4.Consequences for failing to approve Agenda Item: 5.Deadline for Item Approval: 418/2025 6.Site of work being performed,if applicable: Development is located SH,6 South and Peach Creek Cut Off Road. ATTAC1M ENTS; File Name sc"ption TYPE ILA and Backup 2Q16-12-27Jnte.locel arm Funding Agreement_for;he Maintenance of Roads between MUD ist and Brazos Countyspl Fund;ng Material Agreement First Supplement Backup 3 5 2024 First Supplement to [n:edocal and Funding Agreement for the Maintenance of Roads between Brazos County and MUD No 1pdf to the ILA and Material Funding Agreement County Approval Backup CountyApproval Southern Pointe Section 203,odf Southern Materiel Pointe 203 Final Plat SP Section SP 203 AS oL8ills Pd -ten Waiver.odf APPRO 203 Affidavit Backup of Bills Paid- Material Lien Waiver SP Section Backup SP 203 Bonds pdf 203 Bonds Material SP Section 203 Backup SP 203 Substantial Con d_lon Lett uza - Substantial Material A/� Completion L H L Date Letter n cr iq C.,County Judge Aporo al Po CeuntyAaproval_Scuthem Pcinle Sed a PointeBackup n 700.odt tnlo Material Section 700 Final Plat SP Section 700 Affidavit Backup SP 700 Aft or Bills Pa'Q pdI of Bills Paid- Material Lien Waiver SP Section Backup SP 70Q Bonds odf 700 Bonds Material SP Section 700 Backup P� ao7 _Substantial ccmp'etion,pdf Substantial Material Completion Letter Memorandum Backup Memo-Southem_Pointe RoadAcceotanco -Sections 203 and 7CQvd -Road Material • Acceptance 11 INTERLOCAL AND FUNDING AGREEMENT FOR THE MAINTENANCE OF ROADS THE STATE OVIFXAS .§ COUNTY OF BRAZOS THIS .INTERIDCAL AND FUNDING AGREEMENT FOR THE MAINTENANCE OF ROADS (the "Agreement") is made and entered into by: and among BRAZOS.CQUNTY,a pOlitical subdivision of the State of Texas. (the"County"), BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT'NO. i,'a political subdivision of the State of Texas operating as a'Municipal utility district-.(the "Dletricn.and Southern Pointe LLC, a TeXas limited liability conipany. (the "Developer"). The County, the Distriet and the Developer May.hereinafter Collectively:be referred ta'ailheParties1 RECITALS WHEREAS;the District lies.Within BrazOICOfinty,Teithg; WHEREAS,the Developer is developing land within the District; WHEREAS,the DiStricf Will be a mixed use community,primarily residential,in the unincorporated area of the County, with roads constructed to the standards of the City of College Station; WHEREAS,•theCoUnty owns or will own all public roads'within the boundaries of the District(the"Ro4ds");. vv.171:44EAS,. in. consideration, of. the' County's acceptance '•all ptibliC iciadg within the District for ownership, operation, and.maintenance, the County, Developer arid the District desire to enter into an interlocaI and funding agreement providing for: the care and maintenance by the'District and/or'the Developer of itte.Cotinty's roads lying within the Districes boundaries. • AGREEMENT NOW THEREFORE, in consideration 'of the foregoing premises and mutual covenants and agreements expressed,herein,Ae parties hereby agree as follows: ARTICLE ONE, OWNERSHIP AND"MAINTENANCE OF THE ROADS 1.1ZoliiihictiOnA.Owrieithip and.Control.. The District and/or:the ;Developer'Shall cOnstrwt.or.mlprov.e new:or:existing roads to serve-the District pursuant to a traffic impact analysis prepared by.. qualified engineer, and:in proportion fo such traffic 637838,3 . . generated by the District, as required by agreements with the City of College Station (the"City"). The District and/or Developer will work with the County so that roads adjacent:to.and,servicing the District are:improved to-accommodate development generated by the District in accordance with then current traffic impact -.. analySis, The Developer agrees to enter into any road.development agreements'with i : the County as might be necessary to accomplish the improvement of•said,roads. adjacent to and servicing the District in accordance with such traffic-impact analysis, t The District and/or Developer shall construct such Roads to,standards required by agreements with the City. Subject to such standards, the:County accepts.or will .? t accept the Roads-covered by'this Agreement into the County's system.of roads. The County will accept the Roads after submission by the District engineer of a' ) certificate olcompletiOn-of.construction of the.Road Which will include an affidavit f of all bill paid,askgnment of all warranties, and-a cOntractor's performance and t 1 maintenance bond. After acceptance, the ROads will be publk roads, and the •! gezieral public will have the SaMe:k6ess-aiotherCounty idadwaYs. i 1 1:221aaltiten...affa The Parties agreethatthe-Developetand/or District shall perform i all maintenance (the ''Mai.ntenance.") on the Roads at least Id 'a_Standard of i similar types of roads in the City. The District and/or Developer will follow all . ... . 1 standard District procedures and state law, including competitive bidding I requirements,if any, in performing all necessary repairs and maintenance on the i. Roads. 1.37Payiiiiiiii tif_Ma ilifetilike..206ig. The DevelOper and/or District :Will be responsible for all costs of Maintenance of the Roads and pay such Maintenance costs either: through :advances by the Developer or thfough. other legally available revenues.' The,Developer and/or District agrees to include in-the construction contract of any Road -a maintenance bond from asurety that is ' licensed to do business in•Texas, meets ail applicable regulatory criteria and which'the surety..guararitees the contractuarRoad maintenance obligations of-the. Developer and/or-Dist:rid to the County as compensation if.the Districtand/or Developer does not fulfillits.obligations. The Developer and/or District agrees to keep in place a maintenance bond in a commercially reasonable amount or some 9ther.form of guarantee.generally accepted by the County until the earlier of such time as (1) said Road or portion of the Road has been Annexed into the City of College Station or (2)the District maintains a segregated.pst.#0AcCOiiht from legally available funds (including.:bond proceeds).for:roaa maintenance.:of. said:Roads (.the ":Road:Maintenance. Fund") .in an amount that:is generally' accepted and reasonable'for.siinilar:types of roads in the County-:arealbr annual maintenance coifs of the:Roads. If the DisiriCt elects to:create a Road. Maintenance Fund-in lieu of a maintenance bond pursuant to this Section 13,the District will enter into an escrow agreement substantially.in the form attached hereto.as Exhibit:"A". The terms of:the escrow agreement will providethatthe ... . . . . County may::aCcess the Road Maintenance Fund.in the event .the District .2- 6378384 does not perform Maintenance:on the oads pursuant,to this Agreement and only after the County -has given i the. District .natiCe.and opportunity to cure . pursuant to Section 26 below. The District agrees to provide the County auditor an accounting of the*Road Maintenance Fund on an-annual basis or:any time upon request. _ARTICLE TWO, GENERAL PROVISIONS . . 2.1. tOciperatiOtI: The.patties agree with each ptlier.ln good faith at.all times to effectuate the purposes andintent of this Agreement. 22 eithettriStiiiinents,AttiOns, The parties hereto Agree.that they 1 . . such other and further actions and execute such other 'and further' consents, authorizations, instruments or-documents-as are necessary:or incidental to effectuate tile purposes of thiS Agreement. 2.3: 1P4meritl.from Current Revenues; A governmental entity required to make payment hereunder shiliprovide for payment of same fro:m-current revernieg oi other:funds Of said party lawfUlly available for this purpose. 2.4. .1refitru,,Ahnexation, 'This Agreement shall remain in effect for so long as. the existence and shall terminate at such tithe as the City Of C.ollegeStation,Teka ,annexes the District. 2.5: Notice. Any ;notice required. or ,permitted to be delivered wider this Agreement shall'be deemed received on the.earlier Of:(i) actual receipt by mail, Federal Express-or other overnight delivery service, telecopy, or hand delivery, three business days after being sent by United States mail, postage prepaid, cer*ied mail, return receipt requested,'addressed to the Countroithe District. Addresses for notice shall be as follows: County: Brazos County 300 E.26th Street,Suite 325 Bryan,Texas 77803. Attn: :County Judge With copy to: County Attorney bistria: BrazOA.Connty Mithicipal:Ptility.Piettidt c/o Allen 3200 South-west.Treeway,.Suite 2600 Houston;Tx:'M)27 Attn: Steve RObinson -3- 6378.38,,3 .• District's Bookkeeper F.Matuskainc. 4600 Highway 6 North,Suite 315 Houston,DC 77084. Attn: Rase Mcintalbano Developer: Southern Pointe, 17777 Texas Highway 6 South College Station,TX 77845 Attn:William R.Mather 2.6. Aemedies;.Notice of Default. Default by a party shall occur if the party fails. . • to-P.eif-Orrn or observe any of the terms 'and'conditions of this Agreement required to be performed or observed by that party. The party alleging the default give;the Other Part/Written.notice of the default. If the party.'in default falls. to:cure the defaUlt:Within.aixty (60) business days of of. the notice'(and an additional reasonable.time after such receipt if (A) such. failure cannot be cured within SiiatiSbity (60)business daY period,and(B)the party in 'default commences curing stich.. failure within such 0.134y. (60) business day iperiod .and thereafter diligently pursues the curing-of such failures), the party giving the notice may pursue any remedies permitted by law including filin. g suit in a court of competent jurisdiction in Brazos- County,, Texas, and seeking specific performance of The terms of the Agreement. In addition to any other remedies permitted by law,initheevent of a.failureof the District.or Developer to.perform Maintenance:of the:Roads as required by this Agreement,and after the requisite notice and opportunity to cure,the County may present a.demand for funds for.Road Maintenance:to the Escrow Agent.pursuant:to he.termp of the.Escrow.Agreement, the form of which is attached hereto as"Exhibit A". 2.7. tritirei Agieelitent This •Agreement contains the entire agreement 'of the. parties and supersedeS all prior and contemporaneous understandings or. representations,whether oral or written,respecting.the subject matter:hereof, 2.8. Arnatidiileag. Any amendment to the Agreement must be writing and signed-by.leauthorized representatives of all parties: 29. hifeEpretagomandlkUititirliy. The parties acknowledge that this Agreement. .entered:-Into pursuant Ab 'the authority cif Texas law;including; without limitation, the.aiithority conferred in.V.T.C:A...Goift Code, Chapter 791, et. seq„-/V.T:C:A: Water Code, Section 49.213.: In the event •of any- conflict between the:provisions of-this Agreement and the provisions of-any other agreement entered into by and between the parties,.the provisions of this Agreement shall prevail with respect to the subject matter hereof Except as set -forth above, this Agreement.'shall not be construed so as to. modify, 637848_,S. • } • supplement or otherwise alter the provisions of any other agreement entered- into by and between the County,the Developer and the District. 2:10. Assisnment.. No party may assign its rights and obligations under the. Agreement either in whole or in part without written consent by all parties. 2.11. :WWa':TIr d_P Beneficiaries. Except as expressly provided above, nothing herein slialf tie construed to confer .upon any person other•than the.parties hereto any rights,benefits or remedies under or by reason Of this Agreement. 2.12. No_.Toint_.:Venh re;: Partnership, gency: This Agreement shall not be construed in any form or manner.to establish a partnership,joint venture or agency, express or implied, or any employer-employee or borrowed servant relationship by and among the parties hereto. 2.13. IReaponsibfhes for District. is'Mann . The r er. and Means::of:�I?erfviliiani�e: performing all its duties to this Agreement.as an.iiidependent contractor. The District shall have-the exclusive authority and responsibility for determining the manner'. and means of performance under this Agreement and for selecting and supervising the persons who perform the work. The County shall only have the authority to approve or reject the outcome of the District's efforts. Accordingly,the County shall not have any liability for intentional or negligent-f orts..canimitted.by the District or its agents in connection with the work contemplated by this Agreement. 2.14. 1ifill abr.'law. This Agreement shall be governed by and construed in. accordance with:the laws of the State:of Texas.. 2.15. Venue.. Venue for any suit.arising Under this Agreement shall be Brazos County,Texas: 2.16. Dtiplicat+. rigui ls:; This .Agreement, may be .executed, in one or more duplicate originals,each of equal dignity. '2.17. EffeetittetiY)ate. This Agreement shall be effective,on the later of the dates'this Agreement is executed by the authorized representative of both parties. 2.18. Warranty. -By execution of this Agreement, the County, the Developer.and. the District warrant that the duties accorded herein are within their respective powers and authority. rrHE BALANCE OF THIS PAGE IS'INTENTIONALLX LEFT BLANK] -5- 637838,3 ; . : . EXECUTED as of.this0- I day of _ .1C-esn/941016,by the cOUNTY. t CO F B i. _... By: i :. .. . . i Title: , .. • _ . .. ATTEST: By: _ k aL/1-g4e44.C-) .--- -. .ment- - -- -- ' Name: Title: 446 = i • • : EXECUTED as of this day of„...-„,-,____ 9016 .by the:DISTRICT; , i .. , . BRAZOS COUNTY MUNICIPAL UTILITY . DISTRICT NO..1, :..--.t- - • . . i By: • .. . .. • Natile:,. :.....- -• - 4 ' - •titit.i.::- Title: . . .. .. ._. .. ATTEST: -,..--:....::,.)11114-• By 1- ...zpv.-...fammi...-, .._,.,„.,,__ •-‘0.,,---,4,tytti.,, .• ,4%..ciir4q.:1//, '. •1/4,.:; v03. Name:.;:64• •• Titi, .6gV, :ii,ie'fe,.-21.,',,,..,'". ' ,''' . • .i-.4l.z.'y , _ . :::_if, •:.‘..6,-r...z ...........:.. : .::•,i.,..7,...; Title: ,. tRys.;:,;‘,.'...... r•1Z,'r; '-""'''4 ,.$-Y,-1,'--'. :• Ittii. •, .. • I V,= B.:ov,4e4. :, e,--4ii: • 16.. ltr...- AO° ' • . • • . • / � Sb4d '-' 1A ^ ' .'~�. ��� EXHIBIT=A FORM OF ESCROW AGREEMENT This Escrow Agreement.is entered into as of, of , 20 by and between BRAZOS COUNTY.MUNICIPAL UTILITY DISTRICT NUMBER 1, a conservation and reclamation district and a political subdivision of the State of ti Texas (hereinafter called"District"),and __ .-j..— .(the"Escrow Agent").: 1 The District and Brazos County (the "County") entered into an Interlocal Agreement For the Maintenance of Roads dated December , -2016 (the "Agreement") for'the purposes of providing for the ownership, -operation and maintenance of roads within the District;and The County'agreed to accept all public roads within the District into the County road system and the District agreed to pay for the cost of maintaining such roads;.and The Agreement requires that the District may either-keep a maintenance 1 bond in place or maintain a segregated District account from legally available funds referred•to in the Agreement-as the Road Maintenance Fund to fulfill its obligations tinder the Agreement;'and To carry out the directives of the Agreement, the Road Maintenance Fund is hereby placed by•the*District in'escrow (the' "Escrowed Funds"), and the Escrow Agent is only authorized 'to release the- Escrowed Funds as herein directed; Now,Therefore, FOR.AND.IN CONSIDERATION OF THE PREMISES,the District and the Escrow Agent agree as follows: Section'.I: .The District will deposit into the Escrowed Funds such amounts as described in the Agreement.to be placed into:escrow-by the'Escrow Agent into a segregated account(the"Escrow Account"). Sectiion.2: The Escrowed Funds, excluding any..interest earnings thereon, shall be.held by the.Escrow.Agent'in escrow and released:as follows: (1) 'Upon presentation by -the District's bookkeeper •of a construction contract;pay estimate or work proposal.for Maintenance or repair-of roads within the District; or 635756 (2) Upon presentation by the.County's auditor of a construction contract, pay estimate or work proposal for maintenance or repair .of roads within the District;or (3) Upon presentation 'of a District resolution with acknowledgement by the County auditor that,funds.in.the Road Maintenance Fund are:no longer required.to be escrowed and may be released to the District for any public purpose. Section 3; The Escrowed Funds shall'be held by the Escrow Agent in investments authorized and secured in accordance with the District's investment policy and state law. See.Ii .4. The Escrow Agent will keep complete:and correct books of records and accounts relating to:the receipts, disbursements, allocations arid application:bf the money.;deposited to the Escrow Account, and investments of the Escrow Account and all:proceeds thereof. :The records shall be available for inspection at reasonable hours.and under reasonable conditions by the:District and the County. Seei on5 This Agreement shall be governed.exclusively by the applicable laws of the State of Texas.Venue for disputes shall be in Brazos County,Texas. Section.6. No modification or amendment of this Agreement shall be valid unless the.same is in writing and is signed by the District and County and consented to by the Escrow Agent. Section:V. If any term,covenant,,condition or provision of this Agreement is held by.a court of competent jurisdiction to be invalid,yoid or unenforceable, the remainder o£the provisions shall remain in full force and effect and shall in no way.be affected,impaired or invalidated thereby. Seti %S. The Escrow Agent shall be entitled to-compensation for its services as stated in the:fee schedule agreed .to by the Escrow Agent:and the District from:time'to time, which.compensation shall be.paid-by the:District but may not be.paid.directly from the Escrow Account. Se tton P: The Escrow Agent shall be authorized to accept,andfrely Upon the certifications and documents'furnished tothe Escrow Agent by the-District-or the.County and..shall-not be liable:for the payment of any-funds made in reliance in good faith upon such.certifications or other documents or approvals, as herein recited. 635756 • .• • Section.167 This Escrow Agreement shall expire upon final transfer'of the funds in the Escrow Account to the District or upon annexation of the District by the City of College Station. IN WITNESSWHEREOF the parties have executed this Escrow Agreement as of the date and year first written in this Escrow Agreement. BRAZOS COUNTY MUNICIPAL UTILITY.DISTRICT NUMBER 1 President,Board of Directors ATTEST:, . . . - - - • Seeretary, Board of Directors .• • (SEAL) ESCROW AGENT • Byt: . Name:: Tale. ,• . _ •• ATTEST:. • 14:V • . _ Name: . . Title; ••• • . • 635156 • • FIRST SUPPLEMENT TO INTERLOCAL AND FUNDING AGREEMENT FOR THE MAINTENANCE OF ROADS BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 This First Supplement to the Interlocal and Funding Agreement for the Maintenance of Roads (the "Supplement") is made and entered into as of the date below by and between BRAZOS COUNTY (the County),'a political subdivision of the State of Texas and BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the "District") (collectively,the"Parties"). RECITALS WHEREAS, the District,the County and Southern Pointe LLC (former developer within the District) entered into the Interlocal and Funding Agreement for Maintenance of Roads on December 27,2016 (the"Agreement") in which the Parties agreed that the County would accept Roads (as defined therein) subject to the terms of the Agreement and the District is responsible for and will pay for the Maintenance of the Roads;and WHEREAS,the Parties desire to enter into this Siipplernent to expand certain provisions related to the funds held by the District and escrow agent in the District's Road Maintenance Fund. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the County and the District agree as follows: Section 1: Road Maintenance Fund. The District has created a segregated District account from legally available funds (including road maintenance taxes) pursuant to Section 1.3 of the Agreement. The District has entered into. an escrow agreement with an escrow agent and the County may access the Road Maintenance Fund in the event that the District does not perform Maintenance on the Roads in accordance with the Agreement. Additionally, the District agrees to the following in connection with the Road Maintenance Fund: a. The District will notify the County auditor and County general counsel of any draws on the Road Maintenance Fund; b. The District will notify the County auditor and County general counsel of a transfer of funds to another escrow agent; c. The District will send a monthly bookkeepers report to the County • Judge at the email address herein;and 1025139,2 • d. At the time that the District levies its annual ad valorem tax, the District engineer and County engineer and/or other County officials or staff will perform an annual review the District's Road Maintenance Fund to ensure that sufficient funds are held and available for Maintenance of the Roads subject to the terms of the Agreement. Section 2: Notice. In addition to notice requirements under the Agreement, any notices required will be supplemented via email as follows: County: County Judge County Auditor County General Counsel • District: astephens(abhr.com Attn: Annette Stephens Section 3: Supplement Amends Agreement. Parties agree that the terms of this Supplement supplements and amend-the terms of the Agreement. as to terms related to the Road Maintenance Fund. All terms in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have executed this Supplement as of the CJ day of rY1 A(LC I ,2024. (SIGNATURE PAGES TO POLLOW) _2_ 1025139_2 CO 9. 3RAZO5: By: Name: 0 u.A►J Title: Co u t i`( MAD E ATTEST: Name: R Q x irl1 C. Lt EEi( Title: Co u.rY C ..E _.L 1025139_2 BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 By: /e Name: �joaw�h Title: res:�,,,.¢ ATTEST: B •% 4);3621-a>c-jt Narrie: k i54-4 (a: S e-I 3Lw Title: `� • 1169552 Vr,'96)r � � � t t lyOf0ti BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 3/512024 ITEM: First Supplement to Interlocal and Funding Agreement for the Maintenance of Roads between Brazos Co Municipal Utility District No.1. TO: Commissioners Court DATE: 02/23/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name First Supplement to Interlocal and Funding Agreement for tho Maintenance of Roads between Brazos County Brazos County Municipal Utility District No. 1.p oFA__., $ • • • pG ,r gyp•. ~Tt'01 a1V!. BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarthana P. Banerji, P.E., C.F.M., County Engineer Duane Peters,Brazos County Judge Bentley Nettles,County Commissioner Pct. i Fred Brown,County Commissioner Pct.3 Chuck Konderla,County Commissioner Pct.2 Wanda J.Watson,County Commissioner Pct.4 February 19, 2025 Schultz Engineering,LLC 911 Southwest Parkway East College Station,Texas 77840 Subject: Final Plat Southern Pointe Subdivision Section 203 23.589 Acres, Sterrett D. Smith League Survey, A-210 College Station ETJ, Brazos County, Texas Dear Sir: On Tuesday, February 18, 2025, the Brazos County Commissioners' Court approved the subject development plat as submitted. If there are further questions,please contact our office at(979)822-2127. Best regards, Prarthana Banerji,PE, CFM County Engineer Brazos County, Texas PB;kt Southern Pointe Section 203-Final Plat cc: Office file 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453 CONTRACTOR'S AFFIDAVIT AND FINAL LIEN WAIVER AND RELEASE STATE OF TEXAS § COUNTY OF BRAZOS § DATE: April 2,2025 OWNER: Brazos County Municipal Utility District No. 1 CONTRACTOR: Greens Prairie Investors,LTD PROJECT/WORK: Water,Sewer,Drainage,and Paving Improvements to serve Southern Pointe Section 203 CUT-OFF-DATE: 3/21/2025 $294,740.55 AMOUNT OF PAYMENT: Contractor on oath swears that the following statements are true: 1. Bills Paid: The total of all charges, for and In connection with labor performed and material furnished by Contractor through the Cut-Off-Date,have been paid in full to Contractor. 2. lien Waiver& Release: Contractor acknowledges complete satisfaction of, and forever waives and releases,all claims of every kind against Owner or the Property referred to above,including but not limited to all liens and claims of liens, which Contractor may have as a result of, or In connection with the performance of furnishing of such labor or materials through the Cut-Off- Date. 3. Ali Others Paid: Contractor has further represented and warranted and does hereby represent and warrant, that all persons or entities who have furnished labor or material to Contractor In connection with the Work performed through Cut-Off-Date and the above Amount of Payment will be paid all amounts to which they have become entitled, excepting agreed retainage not yet due and payable. 4. Authority: Contractor represents that the person executing this Affiant on behalf of Contractor is duly authorized to sign this Affidavit and to legally bind Contractor hereto. CAFLWR-1 of 2 5. Binding Effect: All of the provisions of this document shall bind Contractor, Contractor's heirs, legal representatives, successors and assigns and shall inure to the benefit of Owner and Owner's heirs, legal representatives,successors,assigns and sureties. 6. Performance Standard: All labor performed by Contractor on the Project was done in a good and workmanlike manner and in accordance with the plans and specifications for the Project. 7. Materials Standard: All materials supplied by Contractor to the Project were in accordance with the plans and specifications for the Project. GREENS PRAIRIE INVESTORS,LTD CONTRACTOR Name: Wallace Phillips III Manager Title: SUBSCRIBED AND SWORN TO BY Wallace Phillips,III , of Greens Prairie Investors, Ltd. before me,the undersigned authority on this 2nd day of April , 20 25 to certify which witness my hand and seal of office. A"4 a. PAULA BLAKE °•`4 My Notary ID#2865126 Notary Public in and for the State of Texas "•?fa a.k¢,•. Expires May 26,2028 —END OF SECTION— CAFLWR-2 of 2 BOND NO. 107647646 BRAZOS COUNTY MUD NO.1 PAYMENT BOND PAYMENT BOND STATE OF TEXAS Contract Date AUGUST 22,2024 COUNTY OF Brazos Date Bond Executed 8/6/2024 PRINCIPAL GREENS PRAIRIE INVESTORSJLTD SURETY Travelers Casualty and Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 &BV SOUTHERN POINTE DEVELOPMENT,INC. PENAL SUM OF BOND (in words and figures) TWO MIWON NiNE HUNDRED THIRTY-THREE THOUSAND FIVE DOLLARS AND FIFTY CENTS ($2,933,005.50), being 100 percent of the Contract Price. CONTRACT for WATER, SEWER, DRAINAGE,AND PAVING IMPROVEMENTS TO SERVE SOUTHERN POINTE SECTION 203 for Brazos County Municipal Utility District No. 1, Brazos County,Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal entered into the Contract with Owner, which Contract is expressly incorporated herein for all purposes. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION 15 SUCH, that if Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, and duly authorized modifications and normal and usual extras thereto, notice of which modifications to Surety being hereby waived,then this obligation shall be void, otherwise to remain in full force and effect. Should Principal fail to promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, Surety is hereby bound to make such payments on behalf of Principal up to a total aggregate amount equal to the penal sum of the Bond. Labor, subcontracts, materials, and specially fabricated materials shall be construed in accordance with Chapter 2253,Texas Government Code. PROVIDED, HOWEVER, that Owner having required Principal to furnish this Bond in'order to comply with the provisions of Chapter 2253, Texas Government Code, all rights and remedies on this Bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions, and limitations of the aforesaid Government Code to the same extent as if they were copied at length herein. 13)Payment Bortd.doa 1 of September2023 BRAZOS COUNTY MUD NO. 1 PAYMENT BOND The bound parties have executed this instrument pursuant to authority of their respective governing body,to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL By G;1.� �/ '� � ` _ By Name Wallace Phillips / Name f4' 'E'_ Title Title !� Address 1140 Midtown Drive College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of AmericglUE- SURETY ////g, By `i- By Name Donna Beeler Name Nick Lutz III Title Power of Attorney Title Producer I Vice President (SEAL) Physical Address: 3740 Corporate Center Drive Bryan,TX 77802 Mailing Address: PO Box 5753 Bryan, TX 77805 Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337 I Producer#1573770 Agency Name: Service Insurance Group Inc./Nick Lutz III Agency Address PO Box 5753, Bryan, TX 77805 Agency Telephone 979-774-3900 Surety must attach its original Power of Attorney to this Bond. 13)Payment 8ond.docx 2 cf 3 September 2023 BRAZOS COUNTY MUD NO.1 PAYMENT BOND CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the secretary of the corporation named as Principal in the Bond; that , who signed the Bond on behalf of Principal, was then of the corporation; that I know his or her signature,and his or her signature is genuine;and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY 13)Payment Bond.doa 3 of 3 September 2023 • Travelers Casualty and Surety Company of America Ilk Travelers Casualty and Surety Company TRAVELERS J St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the taws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN • Texas , their true and lawful Attomey(s)-In-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. Ie. szzok- or Aft • ' • tr .. +j 1, wet pf r y State of Connecticut By: City of Hartford ss. Robert L.Rene , enlor Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal //My Commission expires the 30th day of June,2026 f,,4(—pp" Anna P.Nowik,Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,arty Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof Is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duty executed (under seal, if required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and-fo. oinge' true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. a.. Dated this day of , -. r ao9.11 "e"% • list' 4\ it NI 4> *. - . . I - f - ' :"-.:::-::::- ':. -: i _ - r` '� qw ,e.....:.; kE�..Hugfias,.Ask. tent Secretary-_;` To verify the authenticity of this Power of Attorney,please call us at1-800-42 Please refer to the above-named Attorneys)-In-Fact and the details of the bond to which this Po rytpy/s attached. •r':r+ Alm.„ TRAVELERSJ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1,2001. BOND NO. 107647646 BRAZOS COUNTY MUDBO. 1 PERFORMANCE BOND PERFORMANCE BOND STATE OF TEXAS Contract Date AUGUST 22,2024 COUNTY OF Brazos Date Bond Executed 8/6/2024 PRINCIPAL GREENS PRAIRIE INVESTORSLLTD SURETY Travelers Casualty and.Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 &BV SOUTHERN POINTE DEVELOPMENT,INC. PENAL SUM OF BOND (in words and figures) TWO MILLION NINE HUNDRED THIRTY-THREE THOUSAND FIVE DOLLARS AND FIFTY CENTS (52,933,00550), being 100 percent of the Contract Price. CONTRACT for WATER, SEWER, DRAINAGE, AND PAVING IMPROVEMENTS TO SERVE SOUTHERN POINTE SECTION 203 for Brazos County Municipal Utility District No. 1, Brazos County, Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named,are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and'assigns,Jointly and severally,firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is expressly incorporated herein for all purposes. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if Principal well and truly performs the work in accordance with the Plans, specifications and any other Contract Documents, during the original term of the Contract and any extensions thereof that may be granted by Owner,with or without notice to Surety, and during the life of any guaranty or warranty required under the Contract, then this obligation is void;otherwise it is to remain in full force and effect. Should the Principal fail to faithfully and strictly perform the work as required by the Contract in all its terms,the Surety will be liable for all damages,losses,expenses and liabilities that the Owner may suffer in consequence thereof. This Bond is given In compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,which is incorporated herein by this reference. However,all of the express provisions contained herein and in the Contract are applicable whether or not within the scope of said statute. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, wilt in any way affect its obligations on this 14)Performance Band.dcot 1 of 3 September 2023 • • •- BRAZOS COUNTY MUD NO.1 PERFORMANCE BOND Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this Instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL • By /, 0,Xel [9,//k©id By t-c� Name Wallace Phillips �1�13lcC�. Name Title fhg Title Address 114n Midtown Drive _ College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of America ATTEST SURETY By By_____0_11.4j Name Donna Beeler Nick Lutz ill Name Title Power of Attorney Title Producer/Vice President • (SEAL) Physical Address: 3840 Corporate Center Drive Bryan, TX 77802 Mailing Address: PO Box 5753 Bryan, I X l lb(b Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337 !Producer#1573770 Agency Name: Service Insurance Group Inc. / Nick Lutz Ili Agency Address PO Box 5753, Bryan, TX 77805 ,r: " .,; ;'... Agency Telephone 979-774-3900 �- • • C, • •• • Surety must attach its original Power of Attorney to this Bond.,, lf.`c Lr� 14)Performance Bond.docx 2 of 3 �Septeriitgr`1023. ` 7 '+ ' err 4r BRAZOS COUNTY MUD NO. 1 PERFORMANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the secretary of the corporation named as Principal In the Bond; that _, who signed the Bond on behalf of Principal, was then of the corporation; that I know his or her signature,and his or her signature is genuine;and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY 14)Performance 0ood.docx 3 of 3 September 2023 Travelers Casualty and Surety Company of America As. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the'Companles'),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN , Texas , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 1N WITNESS WHEREOF,the Companies have caused this Instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. ..: .1 A' : KAMM,It. Ck*oxcpre* 1 %.*: 1‘ .1/4 cCe" I get i- c:) .. ., . 1,0 .07 State of Connecticut • By: City of Hartford ss. Robert L.Rare , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. . yw. p.a:1,N IN WITNESS WHEREOF,I hereunto set my hand and official seal. farmer am a My Commission expires the 30th day of June,2026 a °LUM Anna P.Nowik,Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards' of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or hen and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is flied in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any,Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the sea!of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be vat d and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above end foregoing Is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this Cotk day of ►04. + eXtgirl. .,v,,,,,.. .r: :n • I aL t-C.X P1 .fliiip 7: 1" toRiFco. :i g'. g' t ..-� , - A WV �. , ,� ramr: � " r Kevin E, heS taet$ec to To verify the authenticity of this Power of Attorney,please call us at 1-800-421 38 T;;�-:..,. Please refer to the above-named Attorney(s)-In-Factand the details of the bond to which this Powero AA&eig.4"aelachecL •• . .. Amok TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America,Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code,and Section 53.202, Property Code,effective September 1,2001. BOND NO. 107647646 BRAZOS COUNTY MUD NO.1 MAINTENANCE BOND MAINTENANCE BOND STATE OF TEXAS Contract Date AUGUST 22,2024 COUNTY OF Brazos Date Bond Executed 8/6/2024 PRINCIPAL GREENS PRAIRIE INVESTORS,LTD SURETY Travelers Casualty and Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 PENAL SUM OF BOND (in words and figures) TWO MILLION NINE HUNDRED THIRTY-THREE THOUSAND FIVE DOLLARS AND FIFTY CENTS ($2 934„005.50), being 100 percent of the Contract Price. CONTRACT for WATER, SEWER, DRAINAGE,AND PAVING IMPROVEMENTS TO SERVE SOUTHERN POINTE SECTION Z03 for Brazos County Municipal Utility District No. 1, Brazos County,Texas (the "Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner,its successors and assigns,In the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs, executors, administrators,officers,directors, shareholders,partners,successors, and assigns, jointly and severally,firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is expressly incorporated herein for all purposes. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if Principal well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by the Contract, including any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain in full force and effect.Should the Principal fail to well and truly repair any and all defects in the work occasioned by or resulting from defects In materials furnished by, or workmanship of,the Principal in performing the work as required by the Contract in all its terms,the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may,suffer in consequence thereof. The parties intend this maintenance bond to be a common law bond to be constructed in accordance with Texas law. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this 15)Maintenance aand.docx 1 of 3 September 2023 BRAZOS COUNTY MUD ND.1 MAINTENANCE BOND Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this instrument pursuant to authority of their respective governing body,to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL /��!JJ By /�cy��ity ,eRio By Name Wallace Phillips Nam(l'�] 4 . ��" �5' C�� ten_ ,/� Title {�tyL��'� Title �/ ` CQ Q Address 1140 Midtown Drive College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of America ATTEST SURETY ti By By / Name Donna Beeler Name Nick Lutz III Title Power of Attorney Title Producer/Vice President (SEAL) Physical Address: 3840 Corporate Center Drive Bryan, TX 77802 Mailing Address: Pn Roy S751 Bryan, TX 77805 Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337 I Producer#1573770 Agency Name: Service Insurance Group Inc/ Nick Lutz III Agency Address PO Box 5753, Bryan, TX 77805 Agency Telephone 979-774-3900 Surety must attach its original Power of Attorney to this Bond. is)Maintenance Bond.docx 2 of 3 September 2023 • BRAZOS COUNTY MUD NO.1 MAINTENANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL. I, , certify that I am the secretary of the corporation named as Principal In the Bond;that ,who signed the Bond on behalf of Principal,was then of the corporation;that I know his or her signature, and his or her signature is genuine;and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY 15)Maintenance Band.docx 3 of 3 September 2023 • Travelers Casualty and Surety Company of America Aft. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and SE. Pau} Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the'Companies"),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN . Texas , their true and lawful Attomey(s)-in•Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to he hereto affixed, this 21st day of April, 2021. sapy r` "° AO" Q- s .• vr . ‘'.±g State of Connecticut By: City of Hartford ss. Robert L.Rene , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. PM 0 Kcrarr�* �� ','G f/ i g My Commission expires the 30th day of Juno,2026 �+'' P1 Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, end any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary,and it Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a band, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or arty Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 1. day of NGi - ta �. '.I • • . :, O' i ' =C _ ti 4 4 Kevin EH'ughesr Ass tent SQcrgia& To verify the authenticity of this Power of Attorney,p/Pace call us at •,;, Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this idOWefof Attorney isatpched. . Ask TRAVELERS . IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty& Surety Company of America,Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267)675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code,effective September 1,2001. SCHULTZ Engineering, LLC Office:979.764.3900 Fax:979.764.3910 February 21,2025 Brazos County Municipal Utility District No. 1 Board of Directors do Allen Boone Humphries Robinson,LLP 3200 Southwest Freeway,Suite 2600 Houston,TX 77027 Re: SUBSTANTIAL COMPLETION LETTER Water, Sewer,Drainage and Paving Improvements to serve Southern Pointe Section 203 for Brazos County Municipal Utility District No. 1 PD Job No.41669-27 Dear Directors: Please let this letter confirm that the construction of the above-referenced facilities to serve Southern Pointe Subdivision, Section 203 was Substantially Complete on February 21, 2025. I certify that, to the best of my knowledge and based on our periodic field observations, the above captioned project was constructed within acceptable construction,tolerances and in substantial accordance with the plans and specifications, including all change orders. Sincerely, Rich. (Ricky)Flores SCHULTZ ENGINEERING, LLC Senior Civil Engineer 911 Southwest Parkway E • College Station,Texas 77840 schultzeng.com O\ `• L O p4TY OF 04* ' BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarthana P. Banerji, P.E., C.F.M., County Engineer • Duane Peters,Brazos County Judge Bentley Nettles,County Commissioner Pct. 1 Fred Brown,County Commissioner Pct.3 Chuck Konderla,County Commissioner Pct.2 Wanda J.Watson,County Commissioner Pct.4 June 18, 2025 Schultz Engineering, LLC 911 Southwest Parkway East College Station, Texas 77840 Subject: Final Plat Southern Pointe Subdivision Section 700 18.080 Acres, Sterrett D. Smith League Survey, A-210 City of College Station ETJ, Brazos County,Texas Dear Sir: On Tuesday,June 17,2025, the Brazos County Commissioners' Court approved the subject development plat as submitted. If there are further questions,please contact our office at(979)822-2127. Best regards, Prarthana Banerji, PE,CFM County Engineer Brazos County,Texas PB;kt Southern Pointe Section 700-Final Plat cc: Office file 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453 CONTRACTOR'S AFFIDAVIT AND FINAL LIEN WAIVER AND RELEASE STATE OF TEXAS § COUNTY OF BRAZOS § 6/26/2025 DATE: OWNER: Brazos County Municipal Utility District No.1 CONTRACTOR: Greens Prairie Investors,LTD PROJECT/WORK: Water,Sewer, Drainage and Paving Improvements for Southern Pointe Subdivision Section 700 CUT-OFF-DATE: 6/21/2025 AMOUNT OF PAYMENT: $388,033.55 Contractor on oath swears that the following statements are true: 1. Bills Paid: The total of all charges, for and in connection with labor performed and material furnished by Contractor through the Cut-Off-Date,have been paid in full to Contractor. 2. Lien Waiver& Release: Contractor acknowledges complete satisfaction of, and forever waives and releases,all claims of every kind against Owner or the Property referred to above,including but not limited to all liens and claims of liens, which Contractor may have as a result of, or In connection with the performance of furnishing of such labor or materials through the Cut-Off- Date. 3. All Others Paid: Contractor has further represented and warranted and does hereby represent and warrant, that all persons or entities who have furnished labor or material to Contractor in connection with the Work performed through Cut-Off-Date and the above Amount of Payment will be paid all amounts to which they have become entitled, excepting agreed retalnage not yet due and payable. 4. Authority: Contractor represents that the person executing this Affiant on behalf of'Contractor Is duly authorized to sign this Affidavit and to legally bind Contractor hereto. CAFLWR-1 of 2 5. Binding Effect: All of the provisions of this document shall bind Contractor, Contractor's heirs, legal representatives, successors and assigns and shall Inure to the benefit of Owner and Owner's heirs, legal representatives,successors,assigns and sureties. 6. Performance Standard: All labor performed by Contractor on the Project was done;in a good and workmanlike manner and in accordance with the plans and specifications for the Project. 7. Materials Standard: All materials supplied by Contractor to the Project were in accordance with the plans and specifications for the Project. GREENS PRAIRIE INVESTORS,LTD CONTRACTOR By: 1��,/ ` Name: coti-61a.te, fh: (11-10 T4 Title: RAM. kq SUBSCRIBED AND SWORN TO BY Jd-et of 04" to certi before me,the undersigned authority on thisc Z Lda y o 20 p fy which witness my hand and seal of office. is7 A••p PAULA BLOKE My Notary ID#2865126 Notary Pu lic in and for the State of Texas a.:<+' Expires May 26,2028 —END OF SECTION— CAFLWR-2 of 2 BOND NO. 107647650 BRAZOS COUNTY MUD NO.1 PERFORMANCE BOND PERFORMANCE BOND STATE OF TEXAS Contract Date OCTOBER 15, 2024 COUNTY OF Brazos Date Bond Executed 09/27/2024 PRINCIPAL GREENS PRAIRIE INVESTORS.LTD SURETY Travelers Casualty and Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 &BV SOUTHERN POINTE DEVELOPMENT.INC. PENAL SUM OF BOND (in words and figures) THREE MILLION FOUR HUNDRED SIXTY THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS (53.460.571.001, being 100 percent of the Contract Price. CONTRACT for WATER, SEWER. DRAINAGE AND PAVING IMPROVEMENTS FOR SOUTHERN POINTE SUBDIVISION SECTION 700 for Brazos County Municipal Utility District No. 1, Brazos County,Texas (the"Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns,Jointly and severally,firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is expressly incorporated herein for all purposes. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if Principal well and truly performs the work in accordance with the Plans, specifications and any other Contract Documents, during the original term of the Contract and any extensions thereof that may be granted by Owner,with or without notice to Surety,and during the life of any guaranty or warranty required under the Contract, then this obligation Is void;otherwise it is to remain in full force and effect. Should the Principal fail to faithfully and strictly perform the work as required by the Contract in all its terms,the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof. This Bond Is given in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,which is incorporated herein by this reference. However,all of the express provisions contained herein and in the Contract are applicable whether or not within the scope of said statute. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will In any way affect its obligations on this 00610PesformanceBond GPIAoa 1of3 September2023 BRAZOS COUNTY MUD NO.1 PERFORMANCE BOND Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this instrument pursuant to authority of their respective governing body,to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL By ZAla•e e, . By Name Wallace Phillips "/� Name __ 4_'-e Title i14AA.,Q dl� Title Address 1140 Midtown brive College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of America ATTEST SURETY i By By Name . Donna Beeler Name Nick Lutz III Title Power of Attorney Title Producer/Vice President •(StACI ' eV' Physical Address: ',1 3840 Corporate Center Drive + • . , ,,i Bryan, TX 77802 • ' • -•• Mailing Address: ''• •'"• • PO Box5753 I• , ;�,. ...•,•., JQ ' ? Bryan, TX 77805 Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337/Producer#1573770 Agency Name: Service Insurance Group Inc. Agency Address PO Box 5753, Bryan, TX 77805 Agency Telephone 979 774 3900 Surety must attach its original Power of Attorney to this Bond. 00610 Performance Bond_GP+.docc 2 of 3 September 2023 BRAZOS COUNTY MUD NO. 1 PERFORMANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the secretary of the corporation named as Principal In the Bond; that _ , who signed the Bond on behalf of Principal,was then of the corporation;that I know his or her signature,and his or her signature is genuine;and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY C0610 Performance Soncl_GPJ,doa 3 of3 September2023 Travelers Casualty and Surety Company of America 41110k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the*Companies'),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN . . Texas , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. . IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. cosi • Itgitrs6o, • . �,� tswtsaai ` r o f mecit Nee State of Connecticut By: City of Hartford ss. Robert L.Rene , enicr Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes(herein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. 'Pw :I m[RRY • My Commission expires the 30th day of June,2026 : * t*** ` G4 aosrro Anna P.Nowik,Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duty executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid end binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect, Dated this or Y'' ' day of !ejkpa-f p `�, ` AA\ tr...con*. ~1!• •�� Kevin E.kahria, t Secretari To verify the authenticity of this Pawer of Attorney,please call us at 1-800-421 368D.� •. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this PowerrofAttornetfs ettacpd./ ARK TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code, effective September 1,2001. • BOND NO. 107647650 BRAZOS COUNTY MUD NO.1 PAYMENT BOND PAYMENT BOND STATE OF TEXAS Contract Date OCTOBER 15, 2024 COUNTY OF Brazos Date Bond Executed 09/27/2024 PRINCIPAL GREENS PRAIRIE INVESTORS,LTD SURETY Travelers Casualty and Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 &BVSOUTHERN POINTE DEVELOPMENT,INC. PENAL SUM OF BOND (in words and figures) THREE MILLION FOUR HUNDRED SIXTY THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS ($3,460,571.00), being 100 percent of the Contract Price. CONTRACT for WATER, SEWER, DRAINAGE AND PAVING IMPROVEMENTS FOR SOUTHERN POiNTE SUBDIVISION SECTION 700 for Brazos County Municipal Utility District No. 1, Brazos County,Texas (the"Contract"). KNOW ALL PERSONS BY THESE PRESENTS,that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal entered into the Contract with Owner, which Contract Is expressly Incorporated herein for all purposes. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, and duly authorized modifications and normal and usual extras thereto,notice of which modifications to Surety being hereby waived,then . this obligation shall be void, otherwise to remain in full force and effect. Should Principal fail to promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, Surety is hereby bound to make such payments on behalf of Principal up to a total aggregate amount equal to the penal sum of the Bond. Labor, subcontracts, materials, and specially fabricated materials shall be construed in accordance with Chapter 2253,Texas Government Code. PROVIDED,HOWEVER, that Owner having required Principal to furnish this Bond in order to comply with the provisions of Chapter 2253, Texas Government Code, all rights and remedies on this Bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions, and limitations of the aforesaid Government Code to the same extent as if they were copied at length herein. 00615 Payment Band GPl.doa 1 of 3 September 2023 BRAZOS COUNTY MUD NO. 1 PAYMENT BOND The bound parties have executed this instrument pursuant to authority of their respective governing body,to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL 44,e.11 BY Name Wallace Phillips Name Title nfrtill41'er Title . Address 1140 Midtown Drive College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of America ATTEST SURETY �rn BY {1V xI>\4,-- .�4 /,--_ By Name Donna Beeler Name Nick Lutz lil / Title .Power of Attorney Title Producer I Vice President ",'(SEAL); ;'' Physical Address: 3840 Corporate Center Drive Bryan, TX 77802 _i; - Mailing Address: PO Box 5753 /u i t .. ,, Bryan, TX 77805 e'��{ Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337 / Producer#1573770 Agency Name: Service Insurance Group Inc. Agency Address PO Box 5753, Bryan, TX 77805 Agency Telephone 979-774-3900 Surety must attach its original Power of Attorney to this Bond. 00615 Payment Band_GPI.docx 2 of 3 September 2023 BRAZOS COUNTY MUD NO.1 PAYMENT BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, ,certify that I am the secretary of the corporation named as Principal in the Bond; that , who signed the Bond on behalf of Principal, was then of the corporation; that I know his or her signature,and his or her signature is genuine;and that the Bond was duly signed far and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY C0615 Payment Bartel GPL.doat 3 of 3 September 2023 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN , Texas , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. iN WITNESS WHEREOF,the Companies have caused this instrument to he signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. s+eat • r a • a # e k f-' 7 3 State of Connecticut By: City of Hartford ss. Robert L.Rana , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. iN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2026 e+�+ p0' Not ary P.Nowik, Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or (b) duly executed (under seal, if required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid end binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this: C` day of• ri60,31434).0. a` _ r¢ �+..••,. Kola? tutties•,%1-s`.. $erl2ja"ry ." To verify the authenticity of this Power of Attorney,please call us at 1-500-.4214fSD' T Please refer to the above-named Attorneys)-In-Fact and the details of the bond to which this PawdrofAttorney(s`a€tarhed." An.k TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code,and Section 53.202, Property Code, effective September 1, 2001. BOND NO. 107647650 BRAZOS COUNTY MUD NO.1 MAINTENANCE BOND MAINTENANCE BOND STATE OFTEXAS Contract Date OCTOBER 15, 2024 COUNTY OF Brazos Date Bond Executed 09/27/2024 PRINCIPAL GREENS PRAIRIE INVESTORS,LTD SURETY Travelers Casualty and Surety Company of America OWNER BRAZOS COUNTY MUNICIPAL UTIUTY DISTRICT NO.1. PENAL SUM OF BOND (in words and figures) THREE MILUON FOUR HUNDRED SIXTY THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS($3,460,571.001,being 100 percent of the Contract Price. CONTRACT for WATER, SEWER, DRAINAGE AND PAVING IMPROVEMENTS FOR SOUTHERN POINTE SUBDIVISION SECTION 700 for Brazos County Municipal Utility District No. 1, Brazos County,Texas (the"Contract"). KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner,its successors and assigns,in the penal sum of the amount stated above,for the payment of which sum well and truly to be made,we bind ourselves and our respective heirs,executors, administrators,officers, directors,shareholders, partners, successors,and assigns, Jointly and severally,firmly by these presents. WHEREAS, Principal entered into that certain Contract with Owner, which Contract is expressly incorporated herein for all purposes. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if Principal well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by the Contract, Including any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain In full force and effect.Should the Principal fail to well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of,the Principal in performing the work as required by the Contract in all its terms,the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof. The parties intend this maintenance bond to he a common law bond to be constructed in accordance with Texas law. Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this 00620 Maintenance Bond GPI.docx I of 3 September2023 BRAZOS COUNTY MUD NO.1 MAINTENANCE BOND Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. The bound parties have executed this instrument pursuant to authority of their respective governing body,to be effective on the same date of the Contract. GREENS PRAIRIE INVESTORS,LTD ATTEST PRINCIPAL • BY Z/el et 6. By Name Wallace Phillips Name e Title I���lU� 124( Title �Gk. Address 1140 Mldto Drive College Station, TX 77845 (SEAL) Travelers Casualty and Surety Company of America A•n•EST SURETY By By J Name Donna Beeler Name Nick Lutz I Title Power of Attorney Title Producer/Vice President '.-(SEAL)... ' '• • Physical Address: 3840 Corporate Center Drive • Bryan, TX 77802 • • • •'- S • ' ;. Mailing Address: • ' ' '•• PO Box 5753 Bryan, TX 77805 I.N... Telephone: 979-774-3900 Local Recording Agent Personal Identification Number: Agency#11337/ Producer#1573770 Agency Name: Service Insurance Group Inc Agency Address PO Box 5753, Bryan, TX 77805 Agency Telephone 979-774-3900 Surety must attach its original Power of Attorney to this Bond. 00620 Maintenance Bond_GPl.docc 2 or 3 September 2023 BRAZOS COUNTY MUD NO. 1 MAINTENANCE BOND CERTIFICATE AS TO CORPORATE PRINCIPAL I, ,certify that I am the secretary of the corporation named as Principal in the Bond;that ,who signed the Bond on behalf of Principal,was then of the corporation;that I know his or her signature,and his or her signature is genuine; and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body. (Corporate Seal) Signature of Corporate Secretary ATTACH POWER OF ATTORNEY 00620 Maintenance Bond GPI.docx 3 of 3 September 2023 Travelers Casualty and Surety Company of America .A. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the'Companies"),and that the Companies do hereby make,constitute and appoint DONNA BEELER of BRYAN . Texas , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. _,64„ 704. -,mot :•� ty State of Connecticut By: City of Hartford ss. Robert L.Rene , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. 07: • ivy My Commission expires the 30th day of June,2026 * . iwsua Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now In full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with.the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or hen and it Is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is In writing and a copy thereof is filed in the office of the Secretary;and It is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which It is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct_ copy of the Power of Attorney executed by said Companies,which remains in full force and effect. ] Dated thlsc ' day of .....0eryter,4491t.. • 1` ', %CHf ? Secretary"; To verify the authenticity of this Power of Attorney,please call usat1-800-421:38fid Please refer to the above-named Attorney(s)-in-Factand the details of the bond to which this Poweiof4t@oI ey?sattached.: = - TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code,effective September 1, 2001. SCHULTZ Engineering, LLC Office:979.764.3900 Fax:979.764.3910 June 11,2025 Brazos County Municipal Utility District No. 1 Board of Directors do Allen Boone Humphries Robinson,LLP 3200 Southwest Freeway, Suite 2600 Houston,TX 77027 Re: SUBSTANTIAL COMPLETION LETTER Water, Sewer,Drainage and Paving Improvements to serve Southern Pointe Section 700 for Brazos County Municipal Utility District No. 1 PD Job No. 41669-29-402 Dear Directors: Please let this letter confirm that the construction of the above-referenced facilities to serve Southern Pointe Subdivision, Section 700 was Substantially Complete on June 5, 2025. • I certify that, to the best of my knowledge and based on our periodic field observations,the above captioned project was constructed within acceptable construction tolerances and in substantial accordance with the plans and specifications, including all change orders. Sincerely, Richard •cky)Flores SCHULTZ ENGINEERING,LLC Senior Civil Engineer 911 Southwest Parkway E • College Station,Texas 77840 schultzeng.com Oc: G,TY BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarthana P. Banerji, P.E., C.F.M., County Engineer Kyle Kacal,Acting,Brazos County Judge Bentley Nettles,County Commissioner Pct. 1 Fred Brown,County Commissioner Pct.3 Chuck Konderla,County Commissioner Pct.2 Wanda J.Watson,County Commissioner Pct.4 MEMORANDUM To: Commissioners Court of Brazos County From: Prarthana P. Banerji, PE, CFM Brazos County Engineer Date: October 27, 2025 Subject: Acceptance of the Roads in Southern Pointe Sections 203 and 700 into the Brazos County Road System The owner/developer of Municipal Utility District No. 1 has requested that Brazos County approve the development roadways of Southern Pointe Sections 203 and 700 for Acceptance in accordance with Interlocal and Funding Agreement for the Maintenance of Roads between the District and Brazos County (see attachments ILA). All necessary documentation, including Affidavit of Bills Paid, Bonds, Substantial Completion Letter and Final Nat Approval, have been submitted and reviewed. In accordance with the Interlocal Funding Agreement and First Supplement to Interlocal Funding Agreement, the Parties agreed that the County would accept roads subject to the terms of the Agreement and the District is responsible for, and will pay for, the maintenance of the roads. With this memorandum, I formally recommend the acceptance of the roads within Southern Pointe Sections 203 and 700 by Brazos County. Upon acceptance by the Commissioners' Court, these Right(s) of Ways will be part of the public system. Respectfully submitted, Prarthana P. Banerji, PE, CFM County Engineer Brazos County Road& Bridge Dept. 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453 eT£ Op' , O ti. -•• Y OF BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: Overpayments • a. KJMC Inc. -$442.15 • b. KJMC Inc. -$108.48 • c. KJMC Inc. -$170.43 • d. Thomas D. Hickman, Sr. -$52.26 "O: Commissioners Court )ATE: 10/27/2025 =ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Overpayments or Erroneous Payments (Tax Code Section 31.11) If a taxpayer applies for a refund, the collector must determine whether the payment WE erroneous or excessive. If the collector determines the payment was erroneous excessive and the auditor agrees, the collector refunds the payment from available curre tax collections or from funds appropriated for making refunds. Governing Body Approval (Tax Code Section 31.11(a)(1) and (a)(2)) JOTES/EXCEPTIONS: Certain refunds require approval from the taxing unit's governing body. If a collect( collects taxes for a single taxing unit, refunds exceeding $500 must receive approval fro the taxing unit's governing body. If a collector collects taxes for more than one taxing un refunds exceeding $2,500 must receive approval from the taxing unit's governing body. As general practice the County Auditor has chosen to present all tax refunds to th Commissioner's Court , even those that do not require approval from the Court. ATTACHMENTS: File Name Description Type CC Refunds 10 27 2025.pdf Tax Refund Applications Backup Material Melissa Leonard,PCAC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775.9930 979-775-9938 Fax REFUNDS PENDING 10/27/2025 REQUESTOR K]MC INC DBA SOUTHERN COMFORT HOMES ADDRESS 7828 E STATE HIGHWWAY 21; BRYAN,TX 77808 OWNER NAME TULLOUS GLENN HOWARD& PROP ID# 536637 REFUND AMOUNT 442.15 REQUESTOR KJMC INC DBA SOUTHERN COMFORT HOMES ADDRESS 7828 W STATE HIGHWAY 21;BRYAN TX 77808 OWNER NAME HORNSBY ANNIE DAVIS PROP ID# 107738 REFUND AMOUNT 108.48 REQUESTOR K]MC INC DBA SOUTHERN COMFORT HOMES ADDRESS 7828 W STATE HIGHWAY 21;BRYAN TX 77808 OWNER NAME WILSON LEE MARION&ETHEL LEE SMITH PROP ID# 349893 REFUND AMOUNT 170.43 REQUESTOR HICKMAN TNOMAS DARRON ADDRESS 204 KATY B LN,BASTROP,TX 78602 OWNER NAME HICKMAN THOMAS D SR PROP ID# 39567 REFUND AMOUNT 52.26 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR IF ADDRESS 1_OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS - OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tar for:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISO,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS TULLOUS GLENN HOWARD& 26467 MILE LN • RIESELTX 76682 PROPERTY DESCRIPTION Legal: MOBILE HOME ONLY ON#45-420 1062/723 1386/684 I,ABLEUPFSO555822/23'CHIPMUNK RANCH' Address: 20497 20497 E OSR ,TX Account II 536637 TAX PAYMENT INFORMATION •Name of Taxln4 Unit Tex Year of Refund Payment Date Amount Paid Refund Amount Requested 2REFUND 2025 10/14/2025 $442.15 $442.15 Taxpayer's reason for refund: OP-Overpayment REFUND TO: KiMC INC DBASOLUTHERN COMFORT HOMES 7828_E STATE HIGHWAY 21 BRYAN TX 77808 Sr below and return form to thi Braze.;County Tax Office. 'I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct.' )rrcje2:) pate q?�r ?78- .2-2(1 • serlo.ocsT/X.cow1 Phones Email Address • bf you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFU VD DETERMINATION The tax cad I I Disapproved t l "T I • A ... .._ €nature^ c( p)(, GO Autha Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date A). KtULIr I 10/15/2025 0425PM - l MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR - ftaceipt Ntimbir • . 4151 COUNTY PARK CT 3475834 BRYAN,TX 77802 Dab Postal 10i1p2023 PsreronLType - P paymeoe Cod 01404el0114 7o8d 1.110•_• .:"WLIA . • • PAID BY: KJMC INC DBA SOUTHERN COMFORT HOMES • 7828 E STATE HIGHWAY 21 BRYAN,TX 77808-8664 Prop.ity IC_ • ;. > :, :_dliitir Naha aid-Addtise ssnow4ti3005 300e0 . minx) TUILOUS GLEN 4 tlouvARa a 2646 7 MILE W .Legal Cese+lpdon • • • _! RIESEL•TX 76662 NOBLE HOME ONLY ON 445-42010eza61386R&1 LABLFJPFS06668?72if ttib MUliK RANCK Spa•. • • :: ' • 0911 Name•• .. i 20407 204a7 E OSR •TX . Entity. •:.• Ysir;. Rat. • •Tarabl*Value Stint b Void•- 'Odpinsl Tax plaents P81 4►tt Fees;Ovaiage.11moilnt Pd Z REFUND EHTTTY • 2025 0.000-00 0 14Y671 N • 44t16 0.00 0A0 0.00 . 0.00 442.16 BRYAN MO 2025 0.94590 0 133376 N 0.00 0.00 0.00 0.00 0.00 0.00 44L16 • Galante Due As Of 0W 15R025:.443.15 • Tonder. :Ootei* •; • Description • 'Amount, Check 6981 442.15 442.15 • • • • • • • • • • _Qpsoutpr . : _...._ ._ •-•. _.. . . . _ TOtd Paid town) 59710(2026 MH ESCROik 10142025). 44115 • Pow 1 Rdcelpt laeuid In Accordance Myth Bemnn 31.075 of the-Mau 1,/cpetyTex Code • nw i,.rw • APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for.(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISO,College Station 1SD,Fl,F2;F3,F4, Bryan,Texas 77802 Ph.979-77 -9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS HORNSBY ANNIE DAVIS 1804 BROOKHAVEN ST TRLR 3 BRYAN TX 77803-1901 PROPERTY DESCRIPTION Legal: EVANS,.SPACE 3,SER#CBH008052TX,HUD#HWCO284320. Address: 1804 BROOKHAVEN ST 3,00000 Account 107738 • TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date 'Amount Paid Refund Amount Requested ZREFUND 2025 10/14/2025 $108.48 $103.48 Taxpayer's reason for refund: OP-Overpayment REFUND TO: KiMC INC DBA SOUTHERN COMFORT HOMES 7828 E STATE HIGHWAY 21 BRYAN TX 77808 Sign below and returnforen to the Brazos County Tax Office. '1 hereby apply or the refund of the ebore-described taxer and certify that the information on this form Is true and correct.' 1612-3 /zj C f- ? 0 0 Z Z q' tiles 7 .C.0 x'l Phone S Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jell felony under Texas Penal Code Section 37.10. . TAX REFUND DETERMINATION The tax refun ad I I Disapproved t t ( L4-1 a 5 Autho r Signature �, &CUu�-r-y �' agfe� • Authorized r of taxing units for refund applications over amount required under Section 3L11 Tax Code Authorized Officer Signature Date I i TAX RECEIPT 1W113/2025 09:27AM MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT F-::--.71-Taiiilii-Riimtiee•-.H7 BRYAN,TX 71802 3475872 pce Pcsd:- ,- L I0130025. • PirrialYpi1 • Pir11300,d, swiRefund Few • -71111.411 PAID BY: . KJMC INC • DBA SOUTHERN COMFORT HOMES 7828 ESTATE HIGHWAY 21 BRYAN,TX 77808-8864 1::_Pro:Plitiff: 777:7 11 77:7- i• colinir.- Nit Ei 7271 me -am moo ILIMC OHA SOUTHERN COMFORT HOMES 7.7.77=77.-77c77-77.1.1W-4-7 7828 E STATE HIGHWAY 21 : BRYAN,1X 771308-8664 giirs; b al tigo7orothIti:117-ei • ;i:•77.' • 0504-13R00401AVEN ST 00000 • _ ;_ .•Year„As!: VoTOT:Etretituil Tea•:\Pisan% s',41W:A1-1.6-1011:g04110170tillaentPlil. Z REFUND ENTITY 2025 0.00000 0 145172 N 10140 0.00 0.00 0.00 0.00 151.43 BRYAN ISO 2025 0.0490 0 75146 N 0.00 0.00 0.00 0.00 0.00 0.02 cur OF BRYAN 2025 0.82400 0 75145 N 0.00 0.00 0.00 0.00 0.00 0.00' BRAZOS COUNTY 2025 0.41070 • 0 73148 N 0.00 0.00 0.00 0.00 0.00 0.00 105.41 • Bence Cu.As Of 10,18/20211:40848 • ...... ..................... • ..••••;.• •• * 8681 REPOST - 105.48 103.48 • • • • • • • • • • • • • • •'• ,_„• 1.__.=•-• • •1.1 ,:--7,77-7 77.77 .:tizurardi tmoom WO',vomit.-I t0ORcoryw 1014zuzaj 106.451 _. PAW • Reoipt Bumf In Accardarge vA01 Sedan 31.0T5 d the Texas Property Tax Co • I APPLICATION FOR TAX REFUND Collecting Office Nome Collecting Tax for:(taxing entities) Brazos County Tax Office Brews County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775.9930 City of Konen,Navasota ISD • OWNER'S NAME AND ADDRESS • WILSON LEE MARION&ETHEL LEE SMITH. 8300 WIXON OAKS DR BRYAN TX 77808-9062 PROPERTY DESCRIPTIOfN • Legal: MOBILE HOME SEMI CAVTXS1991622A,HUD#NTA1002704,WIXON OAKS,BK-3,LT-6 Address: 8300 WIXON OAKS DR ,00000 Account# 349893 • TAX PAYMENT INFORMATION Hama of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2025 10/14/2025 $175.49 $170,43 Taxpayer's reason for refund: OP-Overpayment REFUND TO; KNMC INC • DBA SOUTHERN COMFORT HOMES 7828 E STATE HIGHWAY 21 • BRYAN TX 77808 Sign below and return form to the Draws County Tax Office. 9 hereby apply for the refund of the abavo-desaibed taxes and certify that the Information on this form is true and correct.' ( ‘--"710----- • • ►Di23IZY 11,14 (?-)q- 7.4% 2_24 kcr1e, Scr%SDote5 (OA Phcee s Email Address H you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state Jail felony • under Texas Penal Code Section 37.10. •TAX REFUND DETERMINATION The axed L_ 1 Disapproved I i as ter Signature n GTT 00 Co CL W l-v�Itepe.- Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 1011812025 09:33AM F MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR TrtaiijiiNiim-iiii7T,F 7.; 4151 COUNTY PARK CT BRYAN,TX 77802 • 3475874 IWR.13.77: lOriermai • Pyrrer41*: Pima ccIdt. Total ireAs; PAID BY: • • KJ MC INC DBA SOUTHERN COMFORT HOMES • 7828 ESTATE HIGHWAY 21 BRYAN,TX 77808-8884 • EPro-liglia677.-11-176777.177.5tr!7•'-•*----,777:71.'7 Criffifter-irs 1-'7777' 7.7" iinaiAdiiiiiiir;7 7:71 949893 '70202840004MI 0.0000 • KJMC DBA SOLIfYI-EFtN COMFORT HOMES E STATE HIGHWAY 21 •••-al..L` ••••• 1111.0811el_Vgi41' • '•• , BRYAN,TX 778013-M64 -Heig-stigraikxsialiffifA,'Huos'Wawa,wic-oli Ora:" • i . : - 77 766 • : I 1-8303—K40.14---07-4/(S -EN1T • .Lbla •.Strnt IP "Mold --iiiiilaT hi n &I•Att i3Ovismr -Putt *II ZNEVUNDW.--20.25 0.00000 145T73-6---N 170.43 0.00 0.00 -07- O.00 EMO SVCS DIST 83 2025 0.02484 20,630 73148 N 5.06 0.00 0.00 0.00 0.00 , 3.00 175.41 Balm=Duo AD Of 1011102028:.17043 • onr—lird9:4 777LT 7.7:04.69310 •— "-- c 2 -2 11162KEPOST 175.42 176.40 • • • • • • • • • • • trnore • -offirDthiii-CirEscHow tor4zozo) — • _ . _ . _ ....._... .... • Neu I Receipt Issued In AmMonce MI Sedan 31.076 at the Toms ProparWTm Cods IWO•orair APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD i OWNER'S NAME AND ADDRESS HICKMAN THOMAS D SR 204 KATY B LN BASTROP TX 78602-6654 PROPERTY DESCRIPTION Legal: SFA#9,BLOCK 15,LOT 9(TR-92),ACRES 1.5 Address: 1010 SUNCREST ST , Account If 39567 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2024 07/15/2025 $111.62 $52.26 Taxpayers reason for refund: OP-Overpayment REFUND TO: HICKMAN THOMAS DARRON 204KATYBLN BASTROP TX 78602-6654 Sign belo ,,and return fo to the Brazos County Tax Office. '1 hereby LI.ply for th- .4u .of the above-described taxes and certify that the Information on this form is true and correct? ç,., Signature nn bat; i ) A — 6.5 Phone B Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state tail felony under Texas Penal Code Section 37.10. TAX REF D DETERMINATION The t. "f .pproved I 3 Disapproved Li- ( as `ij A Officer Slgnature(1 CrTi-)& Co Li� u'Sage Authorized���''' Officer of taxing unlit for refund applications over amount required under Se ion 31.11 Tax Code Authorized Officer Signature Date (! MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number 4151 COUNTY PARK CT 3469727 BRYAN,TX 77802 Date Posted 0 711 512 3 2 5 Payment Type P Payment Code OverRefund Total Paid $111.62 PAID BY: HICKMAN THOMAS DARRON 204 KATY B LN BASTROP,TX 76802 Property ID Geo Legal Acres Owner Name and Address 39587 555006-0015-0090 1.5000 HICKMAN THOMAS D SR 204 KATY B LN Legal Description BASTROP,TX 78632.6654 SFA 49,BLOCK 15,LOT 9(TR-92),ACRES 1.5 SIM OBA Name 1010 SUNCREST ST, , Entity Year Rate Taxable Value Stint 0 Vold Original Tax Discnts PSI Att Fees Overage Amount Pd Z REFUND ENTITY 2024 0.00000 0 150983 N 52.28 0.00 0.00 0.00 C 00 52.28 BRYAN ISD 2024 0.94690 3,763 61255 N 1.70 0.00 0.31 0.30 0.00 2.31 CITY OF BRYAN 2024 0.82400 84.053 61255 N 25.14 • 0.00 4.53 4.45 0.00 , 34.12 BRAZOS COUNTY 2024 0.41970 84,093 81255 N 16.90 0.00 3.04 2.99 0.00 22.863 111.62 6atance Duo As 0f 0771 5/2 0 2 5:-52.26 Tender Detalls Description Amount Check 1C48 111.62 111.62 Total Pald Operator Batch Moore oore 57540(071152025T11.4) Page'1 Receipt issued in Accordance with Section 31.075 o1 the Texas Property Tax Code *ns•asa. ATE OFT. 7r c!i * o& BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Budget Office NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: • a. FY 24/25 Budget Amendments 51.01 • b. FY 25/26 Budget Amendments 3.01 - 3.04 "O: Commissioners Court 'ROM: Nina Payne )ATE: 10/27/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 kCTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Type 51 Coversheet.pdf FY 25-51 Coversheet Cover Memo 51.01.pdf FY 25 Budget Amendment 51.01 Budget Amendment 3 Coversheet.pdf FY 26-3 Coversheet Cover Memo 3.01 - 3.04.pdf FY 26 Budget Amendments 3.01 -3.04 Budget Amendment BRAZOS COUNTY,TEXAS • BUDGET AMENDMENT(S) FOR THE 2024-2025 BUDGET YEAR NO. 24/25 51.01 On this the 4th day of November 2025 at a regular meeting of the Commissioners' Court, the following members were present: A. Kyle Kacal,Acting County Judge B. Bentley Nettles,Commissioner,Precinct 1 C. Chuck Konderla,Commissioner,Precinct 2 D.Fred Brown,Commissioner,Precinct 3 E. Wanda Watson, Commissioner,Precinct 4 F. Karen McQueen,County Clerk The following proceedings were held: THAT WHEREAS, on the 4th day of November 2025 the Court heard and approved a budget amendment(s)for the 2024-2025 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 4th day of November 2025. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. /, B Kar,,,, , c mg County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No. 24125-51.01 11/4/2025 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Other Financing Sources Revenue 9,325.00 hotel Occupancy Tax Fund Other Financing Sources Revenue 4.385.00 Capital Improvement Fund Juvenile Services-Capital Capital Outlay Expenditure 7,81 1.00 Capital Improvement Fund Sheriff Office-Jail Capital Capital Outlay Expenditure 1,514.00 Hotel Occupancy Tax Fund Hotel Occupancy Tax Capital Outlay Expenditure 4,385.00 Capital Improvement Fund and Hotel Occupancy Tax Fund This BA is for an increase in software services from Guardian RFID for Juvenile and the Jail as well as an increase with Momentus for the Expo. This BA is for non- cash accrual entry required under GASB 96-Subscription Based IT Arrangements. GASB 96 requires all expenditures paid with general governmental resources be reported in the period the subscription asset is initially recognized or if amended in the period it is amended. This requires an accrual of expenditures and other financing sources for the future years'contract terms. This is non-cash entry. f , joer#PPPVs I • � NNPi � ! , Date - . 10/27/2025f ACTT(v , _ ___ ^^pproval .�_____: _ Date_ j • For Oracle Entry Only.- _ . - , '` FUND DIV ACCT Change in Budget ACCOUNT NAME 45000 00000000 49081000 9,325.00 11000 00000000 49081000 4,385.00 ' 45000 63310001 80212000 7,811.00 45000 63280021 80212000 1,514.00 11000 11002500 80212000 4,385.00 BRAZOS COUNTY,TEXAS • REQUEST FOR BUDGET AMENDMENT TO INCREASE BUDGET REQUESTING DEPARTMENT County Auditor REVENUE BUDGET _ _•_ __ _ • FUND. DIVISION ACCOUNT ' ACCOUNT.DESCRIPTION. DOLa'ARAMOUNT! 45000 00000000 49081000 Other Subscriptions-SBITA 9,325.00 11000 00000000 49081000 Other Subscriptions-SBITA 4,385.00 1• TOTAL REVENUES $ 13,710.00 EXPENSE BUDGET • i FUND • " DIVISION ACCOUNT ' DESCRIPTION , DOLLAR AMOUNT1 45000 63310001 80212000 'Software-Subscription $ 7,811.00 45000 63280021 80212000 Software-Subscription 1,514.00 11000 11002500 80212000 Software-Subscription 4,385.00 • TOTAL EXPENSES $ 13,710.00 SELECT REASON FOR EXCEPTION TO INCREASE BUDGET FROM BELOW(dick In box to select) ❑ Debt ❑ Grant ❑ Unanticipated Revenue ❑ Emergency ❑ Donation EXPLANATION This BA Is for an Increase In software services from Guardian RFD for Juvenile and the Jail as well as an Increase with Momentus for the Expo.This BA is for a non-cash accrual entry required under GASB 96-Subscription Based IT Arrangements,GASB 96 requires all expenditures paid with general governmental resources be reported in the period the subscription asset is Initially recognized or If amended In the period it is amended.This requires an accrual of expenditures and other financing sources for the future years'contact terms.Thls Is a non-cash entry. ELECTED OFFICIAL OR DEPARTMENT HEAD SIGNATURE ,DATE tAiiitf.9 4012125 CERTIFIED BYAUDITOFT DATE itkiroian' FID v.:•••::-•+.'-' :,r Wit• r=, cc; e: - .�.,..rye .tF.r' Y<� s, r' a .. -r •:..z> ;.. ..a.. �. :SOfk,ag.e:Jrivejiile r < ri.i , "y :1:�;:( S v. i.t�l. fs:r• S: �,. .,�z, �, S •: .•.., .> A. !;! .rM. ;% :vf: 'a�.\ "t+• :•.1 .,, i... 9- _ .., ••.; 'J 1..'k " :t• 9 n;S/ ¢,+.n.. •l #i a r �•'y���+f,,;. .� : .(;•.>x ^v .7. ��i.,-.!C'• .'!.i':.••�'Y:_".,.i.ar; '�L' � '•� ��u.. ��::•'�w S•;1'd Yrc1� atn=_���(r`a.. �".+' t ,_�','•.Si 9.17... h�.� .r-ri, .,rj;.S'r"r�•., ;iy.�;:,M +x.,� f:j�',•`�.^+j- y: '<i.y C ��r., '1 .,�::'�.. 1?�_t xY}':T.,',Z".i�.•_ .,+t_ .:f i; �i.tl►r-''�"+.1 � r."•�"r4'F Yi 5 G.P.P. rah RF1D'S_aftVrare. JwehGe �.;,x• •� . tx+gt ,; ,.• r. "ti:: :4.r "- '- .:e r :,•� 4. a. .c -: .,a. �,, .,„,*. 5.. r.�v^J .;r'• ••e 3.};ro�� 'C fa 'l,. l=' -'sti:'j :+ .'pp�i`•:�fr. � ..5.i ,pa. tr .+.�]N't . -.r wk 'f:h },..rp't,.."�< t'.' f.R a,} ryY ,if.s.. 7j. IIbSC�Il1y,,tl011c! 'd'"r:4ie g.(I..r '1.•r ;s`� �+. .S''•• '. .,l,y,��t.a' .Y2j� :..:r,.:•!y i.+.�yr.'�,g.:ar 'F i5 ;t..rx•i, o.r..�r.��}.�� t;...t ?�'�v.:` a. : .,r%:tZ OF•.' j�•�.«...r-t x'�.•'w :,•i:•ti!i�'!• :i�r�.,e�..y' f'}-�.•<�.•�r_*r/'��"r .rn si.•. >7•.., 'i.Vf' ..i�"•r�r,��:.+i'-•y;.�>, ., 5. r �'►L.. f��• 'A...7•f Y1. ...✓ •..R;..�'• 47 b..r�,'.�r. eh.•"•f, _ +J� ��.'� n.. 1 lR'�1:;!•��i1'•:Y'f• .$Utf50r1111•� ?Liability'::ta"F:C. `�'',�f:.i �'Y-�: � •i;�...e„�. r t (v� .,�1 -e W� •y v.Z.r � _ .a,,; .t: �(i J`:. :- Z.••rl;N•,. •{:;: �t+ d� r� 0� .t•. �Y 1 .-..� .1•. .. t 4:. ';rf''� .rr +. - i.• 1i} aG -a�. 'E' •�' . i-. a. ;i � :r'!1 ,r 4'r.Sw. $UbSCfi• .vim �g �71. ' .•a IE _ :i.-� •S r'. '.s, {,. ♦ . +r...r• a *.,.. - '•:£ 3i 1 ! J • . 14 , r , S .� . - 'Y . }.▪�__.ii. „ .,, . , rvn�r .. ,. �. � ','1.=. ,r'^-'�lY�.,. -�, t .w. �•_� x.r '.a � -,("'• nn /` Acc ed me y terest x• n • bsc Pro .•``j { 7• 1 . ,End1"..' ,iShoi#' Sao fm 'an.•le r.� »0 Q1r �" ;'(°n&. A: a,.� 4f *� ; ; k nw ' • v? i $ a" €t r �+ct� �`a .:a1ce mn ..i?a�,me _ ts( aYrtie 58;431.67 (215.28) 1,982.56 18,795.00 18 691.84f 103.16 52,426.37 3,023.99 16,839.55 18,795.00 21 52,426.37 (603.68) 1,351.78 18,795.00 16,839.55 1,955.45 35,586.82 628.10 17,467.65 18,795.00 35,586.82 (626.19) 701.16 18,795.00 17,467.65 1,327.35 18,119.17 651.52 18,119.17 18,795.00 18,119.17 (649,54) 26.28 18;795.00 18,119.17 675.83 0.00 (18,119.17) 0.00 18,795.00 0.00 0,DO 0.00 0.00 0.00 • '•v: �.. :`(2.094.69):`. . : ';,•4,061:78:-::,.Sjr.:75180.00•:?••'•'•":71,611'8.21.';.. :.4,061:_ ,;1c'r .r• ' '::y«: "• ' •` -.,: .. at ., r.".s' • ::- ..• ':75=180:00 �.=_ • • FY 24 Principal for 26-28 44, 18.10 FY 26-28 Prfndpal 52,426.37 Increase in-SBITA 110.27 • • • Guardian RFID ?;;',7+:.:1;; • • . • . Guardian.RFID Solutiohi3-Jail . . • .. • Subscription Subscription Liability „... ;Subscription Asset , ja•14; . t.,161„, r. a,•i% - • - , ..,454 • • Fragitiiiijir4V4I4CUliterliSt*CiieWgikPi41400.66 .1tg.0%.1e.ecitie fe'044;11, 00140k".,AShOlAretitli4; A#414467.4Aff#44.“Weififirital.4.01V4,13.4)/a,Th"!6b6.4;TP.111f.Siak*r*A3e45-Wel* 4;STRCer,Agataitif.4-gailaiggett*WifientSTWFAthaVayrrightaFlitrO 86,541.70 (779.06) 2,207.49 44,394.00 42,900.72 1,493.28 45,154.78 2,254.06 45,154.78 44,394.00 45,154.78 (714.22) 2,207.49 45,869,00 45,154.78 714.22 0.00 (45,154.78) 0.00 45,869.00 (1,493.28) 4,414.98 90,263.00 88,055.50 2,207.50 0.00 0.00 90,263.00 FY 24 Principal for 26 43640.97 FY 26 Principal 45,154.78 SBITA Increas 1,513.81 • - __ _ _ _ _ _ • • Ungerboeck Software •• . " y'r Ungerboeck Software .-r•• •• • .',g�:•'' yy'- Subscription yr :t. • i• ^1. ' „�-• • Subscription Liabilit •e Su6Scnption Asset t rt:. {Yr;?'tol j,,r,,�;rv. i. :�%�'y r3„ M F9. s;f �Z.Nd"IY ,".err,. �° r .,•• i b, r 5:-,„ �,. d.... o 7 -%.,-;41. stt,:,,.5o_A,� 1�r H0'.:14+a 4, r 't;..,42:`:i , '•, a r.vi,p.Ck.v...:m �:!L.1<. "„,,,.k� •:h•,-,--Ln1- rra,�`r, s+i: t ..1" -0,,tj, 'R .,.q..1., T.., '''''einrom,' !i • d ,qtt. t Y Beginning r..a-.�i��li k4"1f `0-:2- 4, :'Subscription r: '�. nterest" "}�' .P ^ "�'2� ShoitTerr71, aiiablo 5.w.Other: -..f �",ik' CCT•n, ":riXg4eFs'fik -taYe.:: •="1•: ..:.:-..Erper'xte . -'ip� �. :.✓.:'S'I'' ;^ ',r:W_B .x.n—r,e _._.r�i's4, ,'�.'.4. , .yi ram' �•pg_fi�la'�'J ... _c_ • Balance_ ,Accrued•intetestAct vIty;1,e Payment. Principal: Expense l=riding Balance, Short-Term Activity,;�.;�:Balance + ;?Payments„ Payments = Total Payment; Begtnning_Balance r•-_ 217,665.20 (1,688.76) 56,773.60 48,654.91 8,118.69 169,010.30 4,086.17 52,741.08 _ 56,773.60 216.499.89 169,010.30 (1,830.58) 59,045.00 52,741.08 6,303.92 116,269.21 4,329.19 57,070.27 59,045.00 146,283.71 116,269.21 (1,980.84) 61,407.00 57,070.27 4,336.73 59,198.94 2,128.67 59,198.94 61,407.00 76,067.53 59,198.94 (2,054.72) 61,407.00 59,198.94 2,208.06 0.00 (59,198.94) 0.00 61,407.00 5,851.35 (7,554.90) 238,632.60_ 217,665.20 20,967.40 ' , ' 0.00 0.00 238,632.60 - FY 24 Principal for 26-28 164,625.77 ' Fy 26-28 Princip 169,010.29 • Increase in SB1TAI 4,384.52. • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S)FOR THE 2025-2026 BUDGET YEAR NO. 25/26 3.01—3.04 On this the 4th day of November 2025 at a regular meeting of the Commissioners' Court, the following members were present: A. Kyle Kacal,Acting County Judge B. Bentley Nettles,Commissioner, Precinct 1 C. Chuck Konderla,Commissioner,Precinct 2 D. Fred Brown,Commissioner,Precinct 3 E. Wanda Watson, Commissioner,Precinct 4 F. Karen McQueen,County Clerk The following proceedings were held: THAT WHEREAS, on the 4th day of November 2025 the Court heard and approved a budget amendment(s)for the 2025-2026 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 9 September 2025, the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of November 2025. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. , I By: �i/ 4011r Kyl S' 7Tc4aro my Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.25126 -3.01 11/4/2025 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Road&Bridge-Non Capital Contractual Services Expenditure 654.50 General Fund Sheriff Office-Non Capital Contractual Services Expenditure 654.50 General Fund Reallocation of funds to the appropriate account for the purchase of backup lasers that were approved in the upgra AXON contract for FY 2026. SAM — — r 1 4 1 4 + Date: _ 10/21/2025 A G- }. sio _ n _ Date 1 For Oracle Entry Only FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 56000006 71020010 (654.50) 01000 28000006 71020010 654.50 ..5 PT E Op•• BRAZOS COUNTY -:.:Si _ TKO . REQUEST -J BUDGET AMENDMENT : cA • I, o o. OF Budget Amendment Number* Budget Amendment Number Agenda Date 3.01 11/4/2025 Fiscal Year Requesting Department October 1-September 30 2026 ' v [BUDGET OFFICE v Requesters Name [Nina Payne 1 I From:Amount DECREASE EXPENDITURE(S). DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S): $ 1101.... 00 General Fund v? 56000006 Road&Bridge-Non iv i 71020010 SBITA-Principal v ir654.50 From:Fund Number From:Division Name From:Account Number AMOUNT OF DECREASE Total S r654.50 1 TOTAL AMOUNT OF DECREASE To:Amount INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): $ 1000 General Fund Y r28000006 Sheriff Office-Non CI' 171020010 SBITA-Principal v i654.50 To:Fund Number To:Division Name lb:Account Number AMOUNT OF INCREASE Total S 654.50 TOTAL AMOUNT OF INCREASE TO EXPLANATION AND SIGNATURE . Explanation Explanation to redasity budget to proper accounts: Reallocation of funds to the appropriate account for the purchase of backup tasers that were approved in the upgraded AXON contract for FY 2026. File and Documentation File Upload l Upioa� Signature Initiator • ,cfpao Department(?) I BUDGET OFFICE Signature Elected Official/Dept Head 1 "1 t OM,�<tl4t, Comments Elected Official/Dept Head Comments Signature Budget Officer Signature ff Budge!Officer Comments CC Approval Oracle posted Completion Date Sign Date will be captured on form submission Comments Commissioners Court Decision Comments 1 . 1 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.25/26-3.02 _ 11/4/2025 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 1,007.99 District Clerk- General Fund Administration Supplies and Other Charges Expenditure 1,007.99 General Fund Reallocate funds from the IT Department to the District Clerk-Administration department for the replacement of a broken scanner that is no longer t s rking or repairable. SAM Li" �(7� pate: 10/21/2025 (p a Date to _ �G�N _.._ � For Oracle Entry Only FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 14000006 60500000 (1,007.99) 01000 20000100 60500000 1,007.99 E.„ •s. • . • BRAZOS'COUNTY r =�'. • • fie ATE ,�P J,••. n .,a 1% • . e, A...; •e• .t+E •' :. • 5/" �•' SUS FOR BUDGET-AMEND ENT . . �I et.' ,� • • r y, :!.'� �iF rD: 2*l(\ r *; .0 ". 1'OFB Budget Amendment Number* Budget Amendment Number Agenda Date 3.02 11/4/2025 • Fiscal Year Requesting Department • (October 1-September 30 2026 v INFORMATION TECHNOLOGY � Requestors Name Stefanie K.Johnson From:Amount DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S): $ 1.1000 General Fund v 14000006 Information Technoloc v 16[ 0500000 Equipment&I.T.Enhr j 1,007.99 From,Fund Number From:Division Name From:Account Number AMOUNT OF DECREASE Total $ 1,007.99 TOTAL AMOUNT OF DECREASE To:Amount INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): $ 1000 General Fund v [29000100 District Clerk-Admini v 60500000 Equipment&I.T.Enhr V 11,007.99 To:Fund Number To:Division Name To.Account Number AMOUNT OF INCREASE Total $ 1,007.99 TOTAL AMOUNT OF INCREASE TO EXPLANATION AND SIGNATURE Explanation Explanation to reclasify budget to proper accounts: Reallocate funds from the IT Department to the District Clerk-Administration department for the replacement of a broken scanner that is no longer working or repairable. File and Documentation File Upload Upload CDW Quote-RITM41812.pdf 73.58KB Signature Initiator Department(7) INFORMATION TECHNOLOGY Signature Elected Official/Dept Head 6Q4.0-!6vldraa'!. Comments Elected Officia Dept Head Comments Signature Budget Officer Signature Budget Officer Comments CC Approval Oracle Posted Completion Date Sign Date will be captured on form submission Comments {Commissioners Court Decision Comments • I �. I Thank you for choosing CDW. We have received your quote. CD(l G • Hardware Software Services IT Solutions Brands 'Research Hub QUOTE CONFIRMATION IT ACQUISITIONS, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER# GRAND TOTAL PQQH747 10/21/2025 PQQH747 1658326 r $1,007.99 QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT.PRIG Ricoh fi fi-8170-document scanner-desktop-USB 3.2, 1 6910509 $1,007.99 $1,007.99 Gigabit LAN Mfg. Part#: PA03810-8055 Contract: ESC R10-1123C Equalis Group Coop(R10-1123C) SUBTOTAL $1,007.99 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $1,007.99 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: BRAZOS COUNTY/ACCT.PAYABLE BRAZOS COUNTY "ITEMS MUST SH WAREHOUSE-IT PO BOX 914 205 E 27TH ST BRYAN,TX 77806-0914 BRYAN,TX 77803 Phone:(979)361-4310 Shipping Method:UPS Ground Payment Terms:NET 30-VERBAL Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago,IL 60675-1515 Sales Contact Info alkRyan Benoit I (877) 800-3206 I ryan.benoit@cdwg.com Need Help? 0, My Account ' Support ei Call 800.800.4239 About Us I Privacy Policy's Terms and Conditions. This order is subject to CDW's Terms and Conditions of Sales.and Service Projects at htto://v rw;cdwg:com/cdntentlterms-conditions/oroduct-saies:asoX For more information,contact a COW account manager. ©2025 CDWG LLC,200 N.Milwaukee Avenue,Vernon Hills,•IL 60061 l 800.808.4239 Page 2 of 2 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.25/26-3.03 • 11/4/2025 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Road&Bridge- General Fund Administration Capital Outlay Expenditure 2,521,264.00 Road&Bridge- General Fund Administration Repairs and Maintenance Expenditure 2,521,264.00 General Fund Reallocation of funds to the correct account to cover the contract for the Bridge Scour Project. SAM Date: 10/23/2025 u dgo Approval Date I For Oracle Entry Only FUND DIV ACCT Chango In Budget ACCOUNT NAME 01000 56001000 80715000 (2,521,264.00) 01000 56001000 65690000 2,521,264.00 I.-z •a F•••., EAZOS COUNTY � , . ` ,T4 '.• REQUEST FOR BUoGET� ° . ° m . ° ° r ; �"4� set`. i.* `' *i ONO 3. ..pPti.; .•l'y0f8t . Budget Amendment Number* Budget Amendment Number Agenda Date 3.03 11 M/2025 Fiscal Year Requesting Department ilOctober 1-September 30 2026 ROAD AND BRIDGE � Requesters Name Shannon L.2wernemann From:Amount DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S). DECREASE EXPENDITURE(S): $ 11000 General Fund v 56001000 Road&Bridge-Admi v 180715000 Roads-Capital v! 2,521,264.00 From:Fund Number From:Division Name From:Account Number AMOUNT OF DECREASE Total $ 2,521,264.00 TOTAL AMOUNT OF DECREASE To'Amount INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): $ 11000 General Fund v 156001000 Road&Bridge-Admi:1 165690000 Bridge Maintenance V r2,521,264.00 1 To:Fund Number To:Division Name To:Account Number AMOUNT OF INCREASE Total $ 2,521,264.00 TOTAL AMOUNT OF INCREASE TO EXPLANATION AND SIGNATURE • Explanation Explanation to reclasity budget to proper accounts: • Ito cover contract for bridge scour project File and Documentation 1 File Upload 11.1pload Signature Initiator Department(?) iROAD AND BRIDGE Signature Elected Oficia(Dept Head g • Comments Elected Official/Dept Head Comments Signature Budget Officer Signature . l Budget Officer Comments CC Approval Oracle Posted Completion Date Sign , Date will be captured on form submission Comments Commissioners Court Decision Comments AGREEMENT • FOR BRAZOS COUNTY BRIDGE SCOUR REPAIR RFP # CIP 25-583 BRAZOS COUNTY, TEXAS . Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 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—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the BRAZOS COUNTY BRIDGE SCOUR Brazos County, Texas, in the amount of THREE MiLLION, FIVE HUNDRED AND SIXTY EIGHT THOUSAND, SEVEN HUNDRED AND SIXTY FOUR DOLLARS ($3,568,764.00) is entered into this day of September 2025 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352,. Bryan, Texas 77803, and SOLID BRIDGE CONSTRUCTION, LLC., (hereinafter referred to as 'Contractor"). The BRAZOS COUNTY BRIDGE SCOUR RECONSTRUCTION is hereinafter referred to as the "Project." 'The Engineer for the Project is the firm of GOODWIN-LASSITER-STRONG 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 25-583 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, Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 3 • materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, 'Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the' 2025 Bridge Scour • Repair in Brazos County, Texas that consists of 9 individual projects that vary in locations 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 9 Bridge Scour Repair projects, which include, Alexandar Road (002), Alexandar Road (003), Collette Lane, Harris Lane, Dilly Shaw Tap Road, Kurten Cemetery Road, Fickey Road (001), Fickey Road (002), and Deep Well 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 AlA "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. 1.1.8.1 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." 1.1.8.2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. • 1.1.8.3 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. 1.1.8.4 Where the terms "Plans" or"Drawings" are used, they shall be understood to Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 4 include drawings, details and schedules as applicable. 1.1.8.6 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. 1.1.8.6 Day: A calendar day beginning and ending at 12:00 midnight. 1.1.8.7 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. 1.1.8.8 Date of Final Completion:The date when Engineer and Owner find all the work • of the Contract documents acceptable and the Contract fully performed. 1.1.8.9 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. 1.1.8.10 Not—In—Contract(N.1.C.): Work not included in this Contract. 1.1.8.11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. 1.1.8.12 General Contractor: Same as Contractor. 1.1.8.13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. 1.1.8.14 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. 1.1.8.15 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. 1.1.8.16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. 1.1.8.17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. 1.1.8.18 Agreement/Contract: Agreement/Contract means the same and are used Agreement for Construction—Brazos County Bridge Scour Repair-RIP CIP 25-583 Page 5 interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. 1.1.8.19 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. 1.1.8.20 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. 1.1.8.21 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. 1.1.8.22 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. 1.1.8.23 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. 1.1.8.24 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. 1.1.8.25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIF 25-583 Page 6 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". 1.2.5.1 Modifications, Change Orders or a Change Proposal Request 1.2.5.2 This Agreement, including the General Conditions stated herein. 1.2.5.3 Addenda 1.2.5.4 Supplementary Conditions 1.2.5.5 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 7 documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as °all° and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s)to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of ail 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, Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 8 Subcontractor, Sub-subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub-subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub- • subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Constriction—Brazos County Bridge Scour Repair-RFP CIP 25-583 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—Brazos County Bridge Scour Repair-RFP CI?25-583 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: • 2.4.3.1 observe the work, at any time, whenever it is in preparation or progress; 2.4.3.2 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; 2.4.3.3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor(unless specifically agreed upon): 2.4.4.1 Partial Substantial Completion; 2.4.4.2 Substantial Completion when it occurs prior to the expiration of the Construction Time. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25.583 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—Brazos County Bridge Scour Repair-RFP C1P 25-583 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 must provide a full-time Project Superintendent that is named in their Proposal to the County. If there is a change in Superintendent, then the County most approve the new, proposed, full-time Project Superintendent before they start on the project. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CR'25-583 Page 13 3.3,7 Layout/oracles will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition,together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 14 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 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: 3.5.7.1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. 3.5.7.2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. 3.5.7.3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. 3.5.7.4 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 15 • all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub-subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES . 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall • secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP OP 25-583 Page 16 3.8.2 Unless otherwise provided in the Contract Documents: 3.8.2.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 3.8.2.2 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 3.8.2.3 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 follows and shall be processed pursuant to the Specifications. 3.8.3.1 Alexandar Road (002) - $15,000.00 3.8.3.2 Alexandar Road (003) -$20,000.00 • 3.8.3.3 Collette Lane-$20,000.00 3.8.3.4 Harris Lane-$15,000.00 3.8.3.5 Dilly Shaw Tap Road -$20,000.00 • 3.8.3.6 Kurten Cemetery Road -$25,000.00 3.8.3.7 Fickey Road (001) —$20,000.00 3.8.3.8 Fickey Road (002) -$20,000.00 3.8.3.9 Deep Well Road -$10,000.00 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days;to the Contractor in writing stating: (1)whether the.Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-563 i Page 17 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly(within ten (10)days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review • submittals. If the Contractor fails to submit a schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, Agreement for Construction—Brazos County Bridge Scour Repair-RIP CD'25-583 Page 18 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. 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. 3.12.7.1 The Contractor shall make ail 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 19 • submittals by Engineer's En ineer'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. • 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 Agreement for Construction--Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 20 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. 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, Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 21 SICKNESS, DISEASE, OR DEATH OR TO INJURY TO,•OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF),INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO,ARISING OUT OF OR IN CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS,METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION 'PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 22 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, fines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. . 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. • ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK(at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 606: Contractor attains Substantial Completion Day 636: 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. • Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 23 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," WE," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 in case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former • Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for,the construction means, methods,techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule.The Engineer will not have Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 24 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 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. Agreement for Construction—Brazos County Bridge Scow Repair-RFP CIP 25-583 Page 25 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 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: 4.3.1.1.1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; 4.3.1.1.2 Nature of occurrence or condition giving rise to the Claim; Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 26 4.3.1.1.3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; 4.3.1.1.4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; 4.3.1.1.6 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 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: 4.3.5.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; 4.3.5.2 failure of the Work to comply with the requirements of the Contract Documents; or 4.3.5.3 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 Agreement for Construction--Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 27 to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before • proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4)failure of payment by the Owner; (5)termination of the Contract by the Owner; (6) Owner's suspension, or(7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. in the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 28 Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. if either party to the Contract.suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The 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) Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 29 recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. • 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve -the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period,the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 30 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 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 shalt 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 31 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: 5.4.1.1 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 5.4.1.2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to. the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under • Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 32 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 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 33 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 atone. 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: 7.2.1.1 a change in the Work; 7.2.1.2 the amount of the adjustment in the Contract Sum, if any, and 7.2.1.3 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 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 34 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: 7.3.3.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; 7.3.3.2 unit prices stated in the Contract Documents or subsequently agreed upon; 7.3.3.3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 7.3.3.4 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: 7.3.6.1 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; 7.3.6.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; 7.3.6.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; 7.3.6.4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; 7.3.6.5 additional costs of supervision and field office personnel directly attributable to the change; and Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 35 7.3.6.6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: 7.3.6.6.1 for Contractor, for any work performed by his own forces, 15% of the cost; 7.3.6.6.2 for each subcontractor involved, work performed by his own forces, 10% of the cost; 7.3.6.6.3 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 six hundred and six hundred (606) 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—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 36 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; 8.2.6.1 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 37 which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, 8.2.6.2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, 8.2.6.3 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. 8.3.1.1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; 8.3.1.2 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 8.3.1.3 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 38 • the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. • ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is THREE MILLION, FIVE HUNDRED AND SIXTY EIGHT THOUSAND, SEVEN HUNDRED AND SIXTY FOUR DOLLARS ($3,568,764.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 39 the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. '9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation,that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods,techniques,sequences or procedures; (3) reviewed 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 40 Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: 9.5.1.1 defective Work not remedied; 9.5.1.2 third party claims filed or reasonable evidence indicating probable filing of such claims; 9.5.1.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; 9.5.1.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 9.5.1.5 damage to the Owner or another contractor; 9.5.1.6 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; 9.5.1.7 persistent failure to carry out the Work in accordance with the Contract Documents; 9.5.1.8 failure to comply with the approved Project Construction Schedule; 9.5.1.9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or 9.5.1.10 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 41 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 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 Iist does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 42 Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty(30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list,the 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 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 43 the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. - 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CEP 25-583 Page 44 attomey's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the • Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: 9.10.4.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; 9.10.4.2 failure of the Work to comply with the requirements of the Contract Documents; 9.10.4.3 terms of special warranties required by the Contract Documents, or 9.10.4.4 non-conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Liquidated damages will be one thousand dollars ($1,000.00) per day if work is not completed on time (final completion), excluding any weather days. 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 45 • manner to avoid the risk of bodily injury or risk of damage to the following: 10.2.1.1 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; 10.2.1.2 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 10.2.1.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of • persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer,and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 46 the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in.writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on • all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. • 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 47 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 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIF 25-583 Page 48 or negligence of the party seeking indemnity. Notwithstanding,the Owner does not waive its right to assert sovereign immunity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 if, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: 11.1.1.1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 11.1.1.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 11.1.1.3 claims for damages because of bodily injury, sickness, disease or death of Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 49 • 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; 11.1.1.4 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; 11.1.1.5 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; 11.1.1.6 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; 11.1.1.7 claims for bodily injury or property damage arising out of completed operations; 11.1.1.8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. 11.1.1.9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: 11.1.1.9.1 Premises Operations (including X, C and U coverages as applicable). 11.1.1.9.2 Independent Contractors' Protective. 11.1.1.9.3 Products and Completed Operations. 11.1.1.9.4 Personal Injury Liability with Employment Exclusion deleted. 11.1.1.9.5 Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. 11.1.1.9.6 Owned, non-owned and hired motor vehicles. 11.1.1.9.7 Broad Form Property Damage including Completed Operations. 11.1.1.10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.1 0.2. 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 50 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: 11.1.2.1.1 Workers' Compensation: 11.1.2.1.1.1 State: Texas Statutory 11.1.2.1.1.2 Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable 11.1.2.1.1.3 Maritime: Not Applicable 11.1.2.1.1.4 Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee 11.1.2.1.1.5 Benefits required by union labor contracts: As Applicable 11.1.2.1.1.6 "Texas Waiver of Our Right to Recover From Others Endorsement"shall be included in this policy. (Waiver of Subrogation) 11.1.2.1.2 Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): 11.1.2.1.2.1 Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.1.2.1.2.2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.1.2.1.2.3 Property Damage Liability Insurance shall include coverage for the following hazards: 11.1.2.1.2.3.1 X (Explosion) 11.1.2.1.2.3.2 C (Collapse) 11.1.2.1.2.3.3 U (Underground) 11.1.2.1.2.4 Broad Form Property Coverage shall include Completed Operations. 11.1.2.1.2.5 `Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 11.1.2.1.3 Contractual Liability: 11.1.2.1.3.1 Bodily Injury: $ 1,000,000 each occurrence 11.1.2.1.3.2 Property Damage: $ 1,000,000 each occurrence Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25.583 Page 51 $ 2,000,000 aggregate 11.1.2.1.4 Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 11.1.2.1.5 If the General Liability coverages are provided by a Commercial Liability policy, the: 11.1.2.1.5.1 General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. 11.1.2.1.5.2 Fire Damage Limit shall be not less than $ 100,000 on any one Fire. 11.1.2.1.6.3 Medical Expense Limit shall be not less than $ 10,000 on any one person. 11.1.2.1.5.4 "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 11.1.2.1.6 Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 11.1.2.1.7 Business Auto Liability (including owned, non-owned and hired vehicles): 11.1.2.1.7.1 Bodily Injury: $ 500,000 each person $ 1,000,000 each accident 11.1.2.1.7.2 Property Damage: $ 500,000 each occurrence 11.1.2.1.7.3 "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 11.1.2.1.7.3.1 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. • Agreement for Construction--Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 52 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. 11.2.1.1.1 Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.2.1.1.2 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. Agreement for Construction--Brazos County Bridge Scour Repair-RFP CH'25-583 Page 53 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a"Performance Bond" and a" Payment Bond,"each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 54 the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one(1)year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. ' 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 55 the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. if the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 • MISCELLANEOUS PROVISIONS - 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County,Texas. Respondent(s)understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. ff 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 56 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 ail persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for • payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities,having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency,'project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 57 expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly • delivered to the Engineer and Project inspector(if any). 13.5.5 If the Engineer,Owner or Project inspector(if any), is to observe tests, inspections or approvals required by the Contract Documents, they.will do so promptly and where practicable, at the normal place of testing. 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: 13.7.1.1 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; 13.7.1.2 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 13.7.1.3 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: 13.8:1.1 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: • Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 58 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. 13.8.1.2 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: 14.1.1.1 issuance of an order of a court or other public authority having jurisdiction; 14.1.1.2 an act of government, such as a declaration of national emergency, making material unavailable; 14.1.1.3 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 14.1.1.4 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. Agreement for Construction—Brazos County Bridge Scour Repair-RFP C[P 25-583 Page 59 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: 14.2.1.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 14.2.1.2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; 14.2.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 14.2.1.4 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: 14.2.2.1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; 14.2.2.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and 14.2.2.3 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 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 60 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: 14.3.2.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.3.2.2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: 14.4.2.1 cease operations as directed by the Owner in the notice; 14.4.2.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 14.4.2.3 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. Agreement for Construction--Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 61 16.2 The Standards referred to, except as modified in the Specifications,shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent,any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, • in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258,Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. • Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 62 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'sSEPTert(a a3 , 2025, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one(1)to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Date: 9b,_ Brazos ty Judge 330 S exas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: SOLID BRIDGE CONSTRUCTION, LLC Date: q- I I 5 vis HAus Solid Bridge Construction, LLC • Agreement for Construction—Brazos County Bridge Scour Repair-RFP CB'25-583 Page 63 ATTACHMENT "A" BRAZOS COUNTY BRIDGE SCOUR REPAIR REQUEST FOR PROPOSAL CIP 25-583 Agreement for Construction—Brazos County Bridge Scour Repair-RFP CIP 25-583 Page 64 BID BOND Travelers Casualty and Surety Company of America KNOWN ALL BY THESE PRESENTS, That we, Solid Bridge Construction,LLC as Principal, and Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto Brazos County , as Obligee, in the sum of 5%of the GAB Dollars( 5% _ )for the payment of which we bind ourselves, and our successors and assigns,jointly and severally, as provided herein. WHEREAS, Principal 'has submitted or is about to submit a bid to the Obligee on a contract for Brazos County Bridge Scour ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this • 19th day of August , 2025 . Solid Bridge Construction,LLC (Principal) • By: . Travelers Casualty and Surety Company of Am erica By: i �3 Tiffany># , Attorney-in-Fact TAttligf; • Travelers Casualty and Surety Company of America .A. Travelers Casualty and Surety Company TRAVELERS J. St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the'Companies"),and that the Companies do hereby make,constitute and appoint Tiffany Bice of MAGNOLIA , Texas , their true and lawful Attomey(s)-in•Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. eizi`te"r 'u'o teF t. •E ewe e o to rro, & cerm t 4 .40t so. State of Connecticut By: City of Hartford ss. Robert L.Rene , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert l— Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a dulyr,(authorized officer. �P.N, 1 IN WITNESS WHEREOF,I hereunto set my hand and official seal. r"" My Commission expires the 30th day of June,2026 r,�s i i�G�� P c10 Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogrizances, contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to cne or more officers ar employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary cr (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice Presidentt,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect Dated this 19th day of August , 2025 . • ,IgsEp • p-' 4) * .1 ' '3 tstarr� 8' • x2arrcroccae., �' t�zc•t ��;Kerr ma, . care "1.41,0 �a � a`' LE.Hughesretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attomey(s)-in-Factand the details of the bond to which this Fewer of Attorney is attached. ''''£ (cp.. Brazos County • tip*j Purchasing Department +J•y. F ds.' • 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 - PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to CO 25-583 Brazos County Bridge Scour Repair Issued: August 11,2025 Change: Revised Drawings,Bid Form,& Confirmation on Bid Package Reason: Requested/Discussed in Pre-Proposal Meeting . • Alexandar Road(002)Changes - Revised grading and additional slope paving to stay within the occupied ROW - All fence removal and replacement has been taken out of the scope of this project Project may be awarded to up to three(3)vendors,one per group. Bid Form is setup into three (3) different groups. All respondents must turn in all three (3) groups to be considered for evaluation. With proposals,schedules with all three(3) groups must be taken in consideration, • if all three(3)groups are awarded to one(1)vendor. Groups include the following: - Group A: o Alexander Road(002) o Alexander Road (003) o Collette Lane - Group B: o Harris Lane o Dilly Shaw Tap Road o Kurten Cemetery Road - Group C: o Fickey Road(001) o Fickey Road (002) o Deep Well Road Only one(1)proposal is to be turned in to be evaluated for all three(3)groups. The evaluation score for qualifications will be used for each group. The total cost and completion time will be individually scored based on the respondent provided information for each group. This addendum should be signed by an authorized representative of the respondent and returned with • the bid documents as specified in the bid. Acknowledgement of Addendum: • Signature: Printed Name: , TrcVVAVI41 • 2025 Brazos County Bridge Scour Repair CIP #25-583-A Alexander Road (002) Item Description t2'TY Unit Unit Price Total Ale=oder Rood(002)=Rridge Stour Repair '• • " Mobilization,setup,&project overhead for duration of project,including related items and • 100 1 IS $20,000.00 $ 20,000.00 appurtenances,complete in place 101 Traffic control,including Traffic Control Plans,all signage,barricades,cones,and related items r LS $22,000 00 $ 22,000.00 and appurtenances,complete in place 102 Field locate existing utilities and service lines for construction of the proposed improvements, t LS $ 4,500.00 $ 4,500,00 including related items and appurtenances,complete in place Site Ctean•up,4"topsoil,fine grading of areas disturbed by construction,including related items 103 is $0,000.00 $ i5,000.00 and appurtenances,complete in place 104 SWPPP,dewatering(as required)and silt fencing(537 LF),including related items and 1 $ 7,500.00 $ 7,500.00 appurtenances,complete in place 105 Hydromulch Seeding,including related items and appurtenances,complete in place 1 IS $ 8,500.00 S 8,500.00 ROW preparing,including all earthwork,clearing and grubbing of ROW,removal of any trees 105 in the ROW and trimming of limbs,including related items and appurtenances,complete in 1 tB $20,000.00 $ 20,000,00 place 107 Remove&dispose of existing guardrail and bridge rail,including related items and 4i3 LF $ 14.00 $ 5,782.00 appurtenances,complete in place tos Remove&dispose of existing signage,including related items and appurtenances,complete in s EA $ 500.00 $ 2,000.00 place. t 09 Remove&dispose of existing asphalt pavement and base,including related items and an SY $ 17,00 $ 6,466.00 • appurtenances,complete in place. 110 General Fill to Design Grades.complete in place 50 CY $ 40.00 $ 2,000.00 I11 Select Fill,complete in place So CY $ 40.00 $ 2,000,00 112 Imported Cement Stabilized Sand w/Compaction for Roadway Construction(includes cost of 492 SY $ 35.00 S 17,220.00 Cement),(Assume 4%by weight),including related items and appurtenances,complete in place Type R Rock Rip Rap,200-250Ibs,Hand Placed w 6"(minimum)imported cement stabilized 113 sand in low areas(24°Embedment)for Crossing Creek,including related items and 191 SY $ 210.00 $ 40,110.00 appurtenances,complete in place 114 6°concrete slope paving,including cement sand,related items and appurtenances,complete in t43 SY $ 12S.00 $ 18,125.00 place. 115 Metal Beam Guard Fence(GF(31)•19)with GF-2 reflectors,including related items and 2az LF $ 90.00 $ 25,380.00 appurtenances,complete in place 116 Bridge rail,including related items and appurtenances,complete in place. so LF $ 225.00 $ 18,000.00 117 Concrete-to-Asphalt tie-in,including related items and appurtenances,complete in place 2 EA $ 3,000.00 $ 6,000.00 118 8"concrete bridge approach(Class P),incluA related items and appurtenances,complete in a92 SY $ 100.00 $ 49 200.00 ce. t 19 4"Thick Concrete Mow Strip(Guardrail),(GF(31)MS-19),including related items and tab SY $ 115.00 $ 21,620.00 appurtenances,complete in place 120 Softstop End Terminal(50'-9.5°)-SGT(10S)31-16,including related items and appurtenances, o FA $ 6,000.00 S 24,000.00 complete in place Alexander Road(002)Construction Cost ...... $ 337,403.00 Contingency... $ 15,000.00 TOTAL OPINION OF PROBABLE CONSTRUCTION COST... $ 352,403.00 Calendar Days to Completion] 78 • • • Item I Description LQTY ObriIt I Unit Price t 'Total •• • ' fAimMader Redd 0.04.123kIdie Scow Repair , •:1 . • • 7';',.3.7 200 MobSuntion,setup,&project overhead for duration of project,including reLted items end appurtenances,complete ict place 1 IS $20,000.00 S 20,000.00 201 Traffic control,incited:71g Traffic Control Vans. signago,banker:les,cones,en4 reined items End appmenatcm,complete in 1 LS $22,500.00 $ 22,500.00 place Field locate existing ra c llies and service Ems fin onstruction of dre proposed improvements,including related items and 202 1 LS $ 4,500.00 $ 4,500.00 apurrenmcek complete in place Site Cleen-up„ toped,fine gnuding of areas disturbed by mastruction,including related imam and appurtenances.completo . 1 LS $15,000.00 $ 15,000.00 203 plane 204. WPPP.dewatering(as required)and mittenant(326 LF),including related lures and appurtenances,complete in place $ 7,590.00 $ 7,500.00 205 Hydrocouldt Seeding,Mcluding related items and appurtenances,complete in place I LE $ 8,500.00 $ 8,500.00 206 .ROW preparing,including all artwork,clearing and grubbing of ROW,removal deny trees in lite ROW and trimming of 1 LS $20,000.00 $ 20,000.00 limbs,including' related items and appurtenances,complete in place Ramose&dispose of existng wood in testing channel md cut piles below fmished grade,inducting related items end 207 I LE $ 5,500.00 $ 5,500.00 opputenmc.s,comoleto farina 208 Remove&&peso of existing mordrail sad bridge rad,including related items and appurtenances,complete in place 345 IF $ 17.00 $ 5,865.00 209 Remove&dispose of existing clamp,including related items and appunenances,complete in place. 4 EA $ 500.00 $ 2,000.00 210 Remove&dispose of existing asphalt pavement and base,including related items and enplane=ma,complete in place. 572 SY $ 10.00 $ 5,720.00 201 GeneralTdf to Design Grades,complete in place SO CY $ 40.00 $ 2,000.00 212 Select Fill.complete in plate 50 CY $ 40.00 $ 2,000.00 213 • *Wicksen Creek%image,including pole footirte sign related item and ay purtruncts,complete in place 2 EA $ 1,100.00 $ 2,200.00 214 - Imported Cement Stabilized Sand ref CocrtnadiOn for Roadway Construction(includes cost of Cement),(Assimae 4%by weigkt), 575 SI $ 35.00 $ 20,125.00 including related items and appurtenances,cconolete in oboe Typo R Rock Rip Rap,200-2501bmIlend Placed w ( mum)imported cement stabilized sand in low areas(24' 215 372 SY $ 210.00 $ 78,120.00 Embedment)for Crossing Creek,including related items and appurtenances,complete in place 216 McMillan:I Guard Fence(GF(31)-19)with GF-2 reflectors,including related items and impurtenonces,complete in pace 340 LF $ 90.00 $ 30,600.00 217 Midge red.inch:cam ratted kerns and appurtenances,oaroplete its place. 110 LF $ 225.00 $ 24,750.00 218 Concrete-to-Asphalt de-iminducfing;timed itenn and appurtenances,complete in place 2 FA $3'000.00 $ 6,000.00 4- 219 6'concrete bridge approach(Class E),including relatod items and appurteamees.armlet°in place. 575 SY $ 100.00 $ 57,500.00 220 4"Thick Concrete Mow Strip(Guardrad).(GF(31)MS-19).ibcrucrog related items and apprznanaaas,conv!cte laplace 228 SI $ 115.00 $ 29,670.00 221 Sofistop End Terminal(50'-9.5')-SGT(105)31-16.including related items and appurtenances,complete in place 4 EA $ 6,000.00 $ 24,000.00 Alexander Road(003)Construction Cost $ 394,050.004 Contingency.... $ 20,000.00 TOTAL CIPINION OF PROBABLE CONSTRUMONCOST...-------- $ 414,050.00 Calendar Days to Completion 10 • • • • • • Item I Description I QTY I Unit.1 Unit Price a: < ' 'CollettLdne=lfridgeScoarT1epairf.;r • - ' 300 MobiIimuion,setup,&project overhead for duration of project,including related items and 1 LS $22,000A0 $ 22,000.00 appurtenances,complete in place 301 Traffic control,including Traffic Control Plans,all signage,baaicsdes,cones,end related items 1 LS $22,500.00 $ 22,500.00 and appurtenances,complete in place 302 Field locate existing utilities and service lines for construction of the proposed improvements,including related I LS $ 4,500.00 $ 4,500.00 items and appurtenances,complete in place 303 Site Clean-up,4"topsoil,Ent grading of areas disturbed by construction.including related items and ] IS $16,000.00 $ 16,000.00 eppurtenances,complete in place r__ SWPPP;del iteiiti as re sad sillfencing 804 L fi — — —mp._ 304 g( rptued} g( .inelu3mg[efateditems and appuReaanees complete 1-- LS $25,000.00 $ 25,000.00 in place 30$ Hydromulch Seeding,including related items and appurtenances,complete in place 1 IS $ 8,500.00 $ 8,500.00 306 ROW preparing,including all earthwork,clearing and grubbing of ROW,removal of nay trees in the ROW and 1 IS $38,000.00 $ 38,000.00 trimming of limbs,including related items and appurtenances,complete in place 307 Remove&dispose of existing guardrail and bridge rail,including related items and appurtenances,complete in 328 IF $ 17.00 $ 5,576.00 place 308 Remove&dispose of casting signage,including related items and appurtenances,complete in place. 4 EA -$ 500.00 $ 2,000.00 309 Remove&dispose of existing asphalt pavement and base,including related items and appurtenances,complete 448 SY $ 10.00 S 4,480.00 in place_ 310 Remove&dispose of existing chip seal/seal coat on bridge,including related items and appurtenances 120 SY $ 25.00 $ 3,000,00 complete in place. 3I1 General Fill to Design Grades,complete in place 50 CY $ 40.00 $ 2,000.00 312 Select Fill,complete in place 50 CY $ 40.00 $ 2,000.00 313 Imported Cement Stabilized Sacd w/Compaction for Roadway Construcocm(meludes cost of Cement),(Assume 563 SY $ 35.00 $ 19,705.00 4%by weight).including related items and eppmtenancea,complete in place 'Type R Rock Rip Rap,200-250Ibs,Hand Placed w 6"(minimum)imported cement stabilized. 314 sand in low areas(24"Embedment)for Crossing Creek,including related items and appurtenances,complete in 176 SY $ 225.00 $ 39,600.00 place 315 6°concrete slope paving,including cement sand,related items and appurtenances complete in place. 59 SY $ 125.00 $ 7,375,00., 316• Metal Beam Guard Fence(GF(31)-19)with GF-2 reflectors,Including related items and appurtenances 395 LF $ 90.00 $ 35,550.00 comjlete in plate 317 Bridge rail,including related items and appurtenances,complete in place. S0 LF $ 225.00 $ 18,000.00 318 Concrete-to-Asphalt tie-in,including related items and appsmtenances,complete in place 2 EA $ 3,000.00 $ 6,000.00 319 8°concrete bridge approach(Class P),including related items and appurtenances,complete in place. 563 SY $ 100.00 $ 56,300.00 320 4"Thick Concrete Mow Strip(Guardrail),(GF(31)MS•19),including related items and appurtenances,complete 306 SY $ 115.00 $• 35,190.00 in place 321 Scftstcp End Terminal(50%9.5')-SGT(I05)31-16,including related items and appurtenances,eemplere in 4 EA $ 6,000.00 S 24,000.00 place Collette Lane Construction Cost $ 397,276.00 Contingency...... $ 20,000.0D TOTAL OPINION OF PROBABLE CONSTRUCTION COST $ 417,276.00 Calendar Days to Completion 78 Item Description I QTY J Unit I Unit Price I Tani - geniis Lnne Di-idgeScour Repair • _ _ •- 400 Mobilization.setup,&project overhead far duration of project,including related items and appurtenar.ccs,completes 1 IS $20,000.00 $ 20,000.00 in place 401 Traffic control,including Traffic Control Plans,all signage,barricades,cones,and related items and 1 LS $I8,000.00 $ 18,000.00 appurtenances,complete in place 402 Field locate existing utilities and service lines far construction of the proposed improvements.including related items I IS $ 4,500.00 S 4,500.00 and appurtenances,complete in place 403 Site Clean-up,4"topsoil,fine grading of areas disturbed by construction,including related items and I LS $13,500.00 S 13,500.00 appurtenances,complete in place 404 S WPPP,dewatering(as requited)end silt fencing(964 LF),including related items and appurtenances,complete in I LS $ 8,500.00 $ 8,500.00 place 405 Hydromuleh Seeding,including related items and appurtenances,complete in place I IS $ 8,500.00 $ 8,500.00 406 ROW preparing,including all earthwork clearing and grubbing of ROW,removal of any trees in the ROW and 1 LS $18,500.00 $ 18,500.00 trimming of limbs,including related items and appurtenances,complete in place 407 Remove&dispose of existing guardrail and bridge rail,including related items and appurtenances.complete in place 348 LF $ 17.00 $ 5,916.00 408 Remove&dispose of existing signage,including related items and appurtenances,complete in place. 4 EA $ 500.00 $ 2,000.00 409 Remove&dispose°fexisting asphalt pavement and base,including related items and appurtenances,complete in 68 SY $ 20.00 $ 1,360.00 place. 410 General FM to Design Grades,complete in plane 50 CY $ 40.00 $ 2,000.00 411 Select Fitl,completer inplace 50 CY $ 40.00 $ 2,000.00 Typo P.Rock Rip Rap,200-2501bs,Hard Plaxd w 6'(minimum)imported cement stabilized sand in low areas(24' 412 dig SY $ 210.00 S 87,780.00 Embedment)for Crossing Creek including related iterrs and appurtenances,complete in place 413 Metal Beam Guard Fence(GF(31)-19)with(if-2 reflectors,including related items and appurtenances,complete in 474 LF $ 90,00 $ 42,660.00 place _ 414 Bridge rail,including related items and appurtenances,complete in place. 100 `LF $ 225.00 $ 22,500.00 415 4'Truck Concrete Mow Strip(Guardrail),(GF(31)MS-19),including rdoted items and appurtenances,camptete in 256 SY $ 115.00 $ 32,890.00 place 416 Soils top End Temiinal(50'-9.5')-SCR(I0S)31-16,ir.c lading related items and appurtenances,complete inplace 4 BA $ 6,000.00 S 24,000.00 Harris Lane Construction Cost ... $ 314,606.00 Contingency... S 15,000.00 TOTAL OPINION OF PROBABLE CONSTRUCTION COST ----4 $ 329,606.00 Calendar'Days to Completion 30 Item j Description I QTY j Onit j Unit Price j Total ;:Dilly Shaw Tap Ruai=i3ridge Scone Repair: 500 ,Mobilization,setup,&project overhead forduratioa of project,including related items and appurtenances,complete l LS $20,000A0 $ 20,000.00 in place 501 Traffic coder,including Traffic Centro/Plans,all signage,barricades,cones,end related items and appurtenances. IS $27,500.00 $ 27,500.00 complete in place 502 Field locate existing utilities and service 1mc for construction of the proposed improvements,including related terns 1 yy $ 5,500.00 $ 5,500.00 and appurtenances,complete in place 503 Site Clean-up,4'topsoil,fine grading of areas disturbed byconstruction,including related iterrsand appattenances, 1 LS $18,500.00 $ 18,500.00 complete m Once 504 SWPYY,d'Warm"ing(asrcquired)and fcne'mg(1,03fF8�}mcTdngretateditmuandappuReaanci9 compietiin 1 LS $11,500.00 $ 11,500.00 ce 505 Hydromu:ch Seeding indrdieg related items srd eppurtenanom,complete in plate 1 IS $ 8,500.00 $ 8,500.00 ROW preparing,including all earthwork,clearing and grubbing of ROW,removal of any trees in the ROW and 506 1 is $18,500.00 $ 18,500.00 trimming of limbs,including related items and appurtenances,complete in place 507 Remove&dispose of existing guardrail and bridge rail,including related itemnand appurtenances,complete in place 344 •LF $ 17.00 $ 5,848.00 508 Remove&dispose of existing signage,including relied items and appurtenances,complete in place. 6 BA $ 500.00 $ 3,000.00 509 Remove&dispose of existing asphalt pavement and base,including related items and appurtenances,complete in 733 SY •$ 12.00 $ 8,796.00 place.. 510 General Fill to Design Grades,complete in place 50 CY $ 40.00 $ 2,000.00 51.1 Select Fitt,complete in puce 50 CY $ 40.00 $ 2,000.00 512 Imported Cement Stabilized Sand NW Compaction far Roadway Cotatruction(includes cost of Cement.),(Assume 4% 241 SY $ 35.00 $ 25,935.00 by weight),including related items and appurtenances,complete in platy 513 Type R Rock R:p Rap,200-2501bs,Hand Placed w 6'(minimum)imported ee-e=t ssbiiired sand in low areas(24' 399 SY $ 210.00 $ 83,790.00 Embedment)for Cursing Creek,including related items and appurtenances,complete in place 514 Metal Bess Guard Fence(0F(31)-19)with OF-2 reflectors,including related items end appurtenances,complete in 46D LF $ 90.00 $ 41,400.00 place 515 Bridge rail,including related item and appurtenances,complete in plow. 90 LF $ 225.00 $ 20,250.00 5I6 Cone rete-to-Asphalt tie-in„inehn ling related items and appurtenances,complete in place 2 EA $ 3,000.00 S 6,000.00 517 8'concrete bridge approach(Class P),including related itmns cod appurtenances,complete in pax ,741 SY $ 100.00 $ 74,100.00 518 4'Thick Concrete Mow Strip(Guardrail),(GF(31)MS-I9),huluding related hems and appurtenances,complete in 296 SY $ 115.00 S 34,040.00 place 519 Sofstop End Terminal(50'-9.5')-SOT(10S)31-16,including related items and appurtenances,complete ire place 4 EA $ 6,000.00 $ 24,000.00 Dilly Shaw Tap Road Construction Cost ......... $ 441,159.00 • Contingency... S 20,000,00 TOTAL OPINION OF PROBABLE CONSTRUCTION COST.._..........._......_..... ...... $ 461,159.00 • CalesedarDays.to Caimple ion 7$ Item I Description I QT-Y Dnat+ Unit Price I Total Kcd ca Cemetery Road=Bridge Scour Repair.. 600 ✓Mobilization.setup,'&project overhead for duration of project,including related items and appurtenances,complete 1 Ls $20,000.00 $ 20,000.00 in place 601 Traffic control,including Traffic Control Naas,all signage,barricades,cones,and related items and appurtenances. l L5 $2$,000.00 $ 25,000,00 complete in place 602 Fe!dlocate existing uelities and service lines for construction of the propo:edimprovements,including 1 $ 4,500.00 $ 4,500.00 related items end appurtenances,complete in place 603 Site Cleaa•op,4"topsoil,fire grading ofereaa disbnbed by construction,including related items and appurtenances, i Ls $15,000.00 $ 15,000.00 • complete in place 604 SWFPP,dewatering(as required)and silt fencing(977 Lf),including related items and appurtenances 1 IS $10,000.00 $ 10,000.00 complete in place 605 Hydmmulch Seeding,including related items and appurtenances.complete in place 1 1S $ 8,500.00 $ 8,500.00 ROW preparing,including all earthwork,clearing and grubbing of ROW,removal of any trees in the ROW 606 and trimming of limbs,including related items and appurtenances,complete in place 1 T $14,000.00 $ 14,000.00 607 Remove&dispose of ecis'ing guardrail and bridge rail,including related items and appurtenances,complete in place 348 LF $ 18.00 $ 6,264.00 608 Remove&dispose of existing signage,including related items and appurtenances,complete in place. ' 4 EA $ 500.00 $ 2,000.00 649 Remove&dispose of existing asphalt pavement and base,including related items and appurtenances,complete in 603 SY $ 10.00 $ 6,030.00 place. 610 General Fill to Design Grades,complete in place 50 CY $ 40.00 $ 2,000,00 611 Select Fill,complete in place 50 Cr $ 40.00 $ 2,000.00 612 Imported Cement Stabilized Sand w/Compaction for Roadway Construction(includes cost of Cement),(Assume 4% 759 SY $ 35.00 $ 26,565.00 by weight).including Mated items and appurtenances,complete in Place 613 Type R Rock Rip Rap,200-2501bs,Hand Placed w 6'(minimum)imported cement stabilized sand in low areas(24' 659 SY $ 210.00 $ 138,390.00 Embedment)for Crossing Creek,including related items and apporteaanccs,complete in place Miter/Ram Guard Fence(GF(3 1)-19)whbGF-2reflectors,including related items and appurtenances,cempletect 614 platy 500 LF $ 90.00 $ 45,600.00 615 Bridge rail,including related items and appurtenances.complete in place. 150 LF $ 225.00 $ 33,750.00 616 Concrete-to-Asphalt tie-in,including related items and appurtenances,complete in place 2 EA $ 3,000.00 $ 6,000.00 617 8'concrete bridge approach(ClassP),including related items and appurtenances,complete in place. 759 SY $ 100.00 $ 75,900.00 6I8 4'Thick Concrete Mow Strip(Guardrail), including related items and appurtenaaces,complete in 306 SY $ 115.00 $ 35,190.00 place 619 So&tep End Terminal(50'-9.5')-SGT(I0S)31-16,including related items and appurtenances,complete in place 4 FA $ 6,000.00 $ 24,000.00 Kurten Cetnetesy Road Construction Cost ......,$ 500,089.00 Contingency............ $ 25,000.00 TOTAL OPINION OF PROSADLE CONSTRUCTION COST $ 525,089.00 Calendar Days to Completion 78 Item Description O Y 1 Unit I Unit Price 1— Total Fickey Road(001)-Bridge Scour Repair 700 Mobilization,setup,&project overhead for duration ofpro project,including related items and appurtenances,complete 1 L5 $20,000.00 $ 20,000.00 in place 701 Traffic costal,including Traffic Cannel Plans,all aigttage,barricades,cono,end related items and appurtenance, 1 4,e $22,000.00 $ 22,000.00 complete hi place 702 Field locate existing utilises and service lines far construction of the proposed improvements,iadadirrg l LS $ 5,500.00 $ 5,500.00 related items and eppunenances,complete in place 103 ,Site aeaa-tip,4'topsoil,fine 6radiugofareasdish:rbedbyconstruet including related items and appurtenances, } LS $]5,090.00 $ )5,090.00 complete in plate SWPPP,dewatering(as required)and silt fencing(821 LF),in:lid'g related items and apptatenances. 704 complete in place 1 LS $ 8,500.00 $ 8,500.00 705 Itydromulch Seeding,including related items and appurtenances,complete in place I LS $ 8,500.00 $ 8,500.00 ROW preparing,including all earthwork,clearing end grubbing of ROW,removal of any trees in the ROW 70G and trimming of limbs,including related items and appurtenances.complete in place 1 $17,000.00 $ 17,000.00 cl 707 Remove&dispose of existing gtmrdrail and bridge rail,including rela'.ed items and appurtenances,complete in place 281 LF $ 18.00 $ 5,058.00 708 Remove&dispose of existing sigtage,melodies related items and appurtenances,complete in Flax. 4 EA $ 500.00 $ 2,000,00 709 Remove&dispose of existing asphalt pavement and base,including related items and appurtenances,complete in 475 SY $ 10,00 $ 4,750,00 place. 710 General Fill to Design Grades,complete in place SO CY $ 40.00 S 2,000.00 711 SelectFitl,complete in place 50 CY $ 40.00 $ 2,000.00 712 IrnportedCetneatStabi'.izedSand w/Cotepaction fur Roadway Consnuct:on(include cost ofCemeat).(Assume 4% 555 SY $ 35.00 $ 19,425.00 by weight).including related items and appurtenance,complete in place 713 Type R Rock Rip Rap,200-2501bs,Hand Placed w 6'(minimum)imported cement stabilized sand in low areas(24' 249 SY $ 210.00 $ 52 290.00 Embedment)forCeossing Creek,including related items and appurtenances,complete in place 714 Mitaf Beam GuardFence(GF(31)-19)with G"t-2 reflectors.including mimed items and appartenas:cen,complete is 394 LF $ 90.00 S 35,460.00 715 Bridge rail,including related items and apptatenaxn,ecnpleie in place. BO LF $ 225.00 $ 18,000.00 716 Concrete-to-Asphalt tie-in,including related items and appurtenances,complete in place 2 EA $ 3,000.00 S 6,000.00 717 8'concrete bridge approach(Class P),including related items and appurtenances,complete in place. 555 SY $ 100.00 S 55,500.00 718 4'Thick Concrete Mow Strip(Guardrail),(GF(31)MS-19),including related items end appurtenances,complete in 292 SY $ 115.00 $ 33,580.00 piece 719 Setup End Terminal(50'-9.5`)-SOT(105)31-16,including related items and appurtenances,complete in place 4 EA $ 6,000.0,0 $ 24,000.00 Fickty Road(001)Construction Cost ,.S 356,563.00 Contingency... $ 20,000.00 TOTAL OPL`IION OF PROBABLE CONSTRUCTION COST $ 376,563.00 Calendar Days to Compl ellen 78 Item Description - I QTY I Unit I Unit Price I Total • Fickey goad(802),Bridge Scour Repair 800 Mobilization,setup,&project overhead for duration of piject,including related items end apputtemm.ces,complete 1 LS $20,000.00 $ 20,000.00 in place 801 Traffic connol,including Traffic Control Plans,all signage,barricades,cones,end related items and appurtenances, 1 LS $22,000.00 $ 22,000.00 complete in place 802 Feld locate existing utilities and service lines far construction of the proposed improvement,including 1 LS $ 4,500.00 $ 4,500.00 related items and appurtenances,complete in piano 803 Silo Ce grading an-up,4'topsoil,line ding of areas disturbed by construction,including related items and appurtenances, F LS $18,000.00 $ 18,000.00 complete in place 804 SWPPP,dewatering(as required)acid silt fencing(824 LF),including related items and appurtenances, 1 LS $10,000.00 $ 10,000.00 complete in place 805 Hydro mulch Seeding,including related items end appurtenances.complete in place 1 LS $ 8,500.00 $ 8,500.00 806 ROW preparing,includirg all earthwork,clearing and grubbing of ROW,removal of any trees in the ROW 1 LS $20,000.00 $ 20,000.00 and trimming of limbs,including related items and appurtenances.complete in place 807 Remove&dispose of existing guardrail and bridge rail,including related items and appurtenances,complete in place 396 LF $ 18.00 $ 7,128,00 • 808 Remove&dispose of existing signage,including related items and opp:urtenaaces,complete in place. • 6 ! EA " $ 500.00 $ 3,000.00 809 Remove&dispose of existing asphalt pavement and base,includirg related items and appurtenances,complete in 465 SY $ 10.00 $ 4,650.00 place, Sl0 General Fill to l3mign Grades,complete in place 50 CY $ 40.00 $ 2,000.00 811 Select Fill,complete in place SO CY $ 40.00 $ 2,000.00 812 Imported Cement Stabilized Sand w/Compaction for Roadway Construction(includes cost of Cemer.t),(Assume 4% M6 SY $ 35.00 $ 22,610.00 by weight),including related items and appurtenances,complete in place 813 Type RRock Rip Rap,200.2501bs,Hand Placed w 6"(minimum)imported omen!stabilized sand in low areas(24' 340 SY $ 210.00 $ 71,400.00 Embedment)for Crossing Creek including related items and appurtenances,complete in place 814 6'concrete slope paving including cement sand,related items and appurtenances,complete in place. 82 SY $ 170.00 $ 13,940.00 Bl5 Metal Beam Guard Fence(GF(31)-19)with GF-2 reflectors,including related items and appurtenances,complete in 267 LF $ 90.00 S 33,030.00 place 816 Bridge rail,including related items and appunenanees,complete in place. 120 LF $ 225.00 $ 27,060.00 817 Concrete-to-Asphalt Erin,including related items and appurtenances,complete in place 2 EA $ 3,000.00 $ 6,000.00 818 8"concrete bridge appmads(Class P),including related items and appurtenances,complete in place. 646 SY $ 100.00 $ 64,600.00 819 4'Thick Concrete Mow Strip(Guardrail).(GF(31)MS-19),including related items and appurtenances,complete in 263 SY $ 115.00 $ 30,245.00 place 820. Sofistop End Terminal(50'-95')-SOT(105)31-16,including related items and appurtenances,complete in place 4 EA $ 6,000,00 $ 24,000.00 Fickey Road(002)Construction Cost S 414,603.00 • • Contingency $ 20,000.00 TOTAL OPLNIONOF PROBABLE CONSTRUCTION COST.......__ ... .. .._...._.............. ..__ $ 434,603.00 Calendar Days to Completion 78 • • Item I Description I QTY I Cait Unit Price Total 'Beep Well Road=;Bridge Scour Repair -- 900 Mobilization,setup, project overhead for duration of project,including relateditems and appurtenances,complete dS $20,000.00 $ 20,000.00 in place 901 Traffic control,including Traffic Central Plans,all signage,barricades,cones,and related items and 1 LS $]6,000.00 S 16,000.00 appurtenances,complete in place 902 Field locate existing valities and service lima for coast-tic-Eno of the proposed improvements,including related items I LS $ 4,500.00 $ 4,500.00 and appurtenances,complete in place 903 Site Clean-up,4'topsoil,fax grading()farces disturbed by construction.including related icons and I IS $16,500.00 $ 16,500.00 appurtenances,complete in place 904 SWPPP.dewalering(as required)and silt fencing(665 LF),including related items and appurtenances,complete in I IS $ 8,850.00 $ 8,850.00 place 905 Hydromulch Seeding,including related items and appurtenanees,complete in place I LS $ 8,500.00 $ 8,500.00 906 ROW preparing,including all earthwork,clearing and grubbing of ROW,removal of any tit mac the ROW and 1 LS $14,000.00 $ 14,000.00 trimming of limbs,including related items and appurtenances.complete in plate 907 Remove&dispose of existing guardrail and bridge rail,including related items and appurtenances,complete in place 305 LF $ 18.00 $ 5,490.00 90B Remove&dispose of existng wood in existing channel and cut piles below finished grade,including related items and 1 LS $ 7,500.00 $ 7,500.00 appurtenances,complete in place - - 909 Remove&dispose of existing signage,including related iteM9 and appurtenances,complete in place. 4 EA $ •500.00 $ 2,000.00 910 General Fill to Design Grades,complete in place 50 — CY $ 40.00 $ 2,000.00 • 911 Select PM,complete inplace so CY S 40.00 • $ 2,000.00 912 Type R Rock Rip Rap,200-250.'bs,Hand Placed w 6'(minimum)imported cemtn2 stahilized sand in law arras(24' 243 SY $ 210,00 $ 51,03 0.00 Embedment)for Crossing Creek,including related items and appurtenances,complete ha place 913 Metal Deem Guard Fence(GF(31)-19)with GF-2 reflectors,including related items and appurtenances,complete in no LF $ 90.00 $ 24,300.00 place 914 Bridge rail,including related items and appurtenances,complete in place. 80 LF $ 225.00 $ 18,000.00 915 4'Thick Concrete Mow Strip(Guardrail),(GF(31)MS-19),including related ileum and appurtenances,complete in 20.3 SY $ 115.00 $ 23,345.00 pl000 916 SuRstop End Terminal(50.-9.5')-SOT 0 OSP 1-16,including related items and appurtenances,complete in place 4 EA $ 6,000.00 $ 24,000.00 Deep Well Road Construction Cost ............... $ 248,015.00 Contingency $ 10,000.00 TOTAL OPINION OF PROBABLE CONSTRUCTION COST.., $ 258,015.00 Calendar Days to Completion 30 op ,'r * 0 co REQUEST FOR PROPOSALS RFP NO. CIP 25-583 Brazos County Bridge Scour Repair SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, August 19, 2025, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 • Phone: (979) 361-4290 Fax: (979) 361-4293 • • Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the respondents' proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: Solid Bridge Construction By(Print): 1"'-Jir 14cAVI iej: e: Tra5 Hanus, Vice President Physical Address: 3104 Interstate 45 South New Waverly,TX 77358 Mailing Address: 3104 Interstate 45 South New Waverly,TX 77358 Telephone:936-435-0700 Fax: none E_Mail: travis@solidbridgeconstruction.corn 7. By submitting a response to this RFP, the proposer is agreeing to sign the County's Contract,Exhibit C attached. 8. The following items should be completed and included in your proposal submission. Failure to include these items will disqualify your proposal. a.Completed and signed RFP including: i. References(Section R) ii. Certification of Proposal(Section U) • b. Bid Bonds c. Exhibit B—Bid Form d. A-305 Qualifications Statement or similar e. Proposed Project Schedule R PRICING Complete Exhibit B attached and submitted with the proposal. S. REFERENCES • Respondents shall provide a list of at least five(5)references,where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous. six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: _ Walker County Contact: Bill Daugette Phone: 936-436-4912 . Email: bdaugette@co.walker.tx.us Company/Entity: ELS Contact: Michael Hoffman Phone: 480-761-6373 Email: MichaeLHoffman@equitylifestyle.com 19 I Page Company/Entity:B1evl Engineerinc Contact Ken Walker Phone: 936-441-7833 Email: KWalker@bleylengineerinq.com • Company/Entity: City of Shenandoah Contact: Dual Porras Phone: (281)298-5522 Email: rporras@shenandoahtx.us • Company/Entity: Prime Contractors, Inc, Contact:Jakob Barnes Phone: 281.999.0875 Email: jbames@primecontractorsinc.com Additional: City of Huntsville Trey Marek 936-294-5779 rmarek@huntsvilletx.gov 20 I Page 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: Solid Bridge Construction 3104 Interstate 45 South New Waverly,TX 77358 Address: • Travis Hanus Proposer's Name: Position/Title: Vice President Proposer's Signature: 8/18/2025 Date: Subscribed and sworn to me on this 18th day of August in the year _ 2025 • • Notary ublic � � MITCHELL PATTERSON 2-10-2029 e.*A �� My Commission expires ___ n ••.�sNotary Public.State of Texas ,4'•. .t�` Comm.Expires 02.10-2029 U. ADDENDA �ZG� �; ,,,,,��� Notary ID 132922202 The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be i sued less than 48 hours prior to the solicitation submission deadline. No. No. No. Date 8' f i+ 7 S Date Date 211 Page V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are.duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Contractor, and that the contents of this proposal have not been communicated to any other Contractor prior to the official opening. • Signed By: 3 Title: Vice President Typed Name: Travis Hanus • Company Name: Solid Bridge Construction Mailing Address: 3104 Interstate 45 South New Waverly TX 77358 P.O. Box or Street City State Zip Employer Identification Number. 81-0625605 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 25-583 By signing below, Brazos County agrees that this RFP CIP 25-583 will be awarded to the respondent whose name appears above, and both parties agree to the terms and conditions contained herein. By:Brazos County Commissioner's Court Date: � \ ra4 C74 C Attest: Brazos County Clerk GG r' • 22 { Page Point of Contact Travis Hanus Address: 3104 Interstate 45 South, New Waverly,TX 77358 936-435-0700 office@solidbridgeconstruction.com Form of Business: Corporation State of Registration:Texas Years h Existence: 21 years Team Structure(for this project): Owner and President of Solid Bridge Construction:Vance Bridges Project Manager/Vice President Travis Hanus • Bachelor's Degree n Business Administration from Sam Houston State University • 5 years as Superintendent for Solid Bridge Construction • 6 years as Vice President and Project Manager for Solid Bridge Construction • 11 years as chief estimator for Solid Bridge Construction Superintendent Mitchel McMillian 8 Bachelor's Degree h from Sam.Houston State University O 8years as Superintendent and Project Manager for Solid Bridge Construction • Over 55 construction projects completed h career. • Superintendent: Skylerlankowlak • Bachelor's Degree in Industrial Distribution and Engineering,Texas A&M • 8years as Superintendent and Project Manager for.Solid Bridge Construction • 4 years as Project Engineer for Kiewit • Over 50 construction projects completed h career. Assistant Project Manager: Mitchell Patterson O Bachelor's Degree in Finance from University of Mary Hardin-Baylor • 4 years as Estimator,Assistant Project Manager and Contract Administrator for Solid Bridge Construction SOLID BRIDGE CONSTllUGFION 3104 Interstate-45 South 9366-435-0700 New Waverly Tx 77358 'Years of Experence h Years With Civil Solid Bridge Office Staff President Vance Bridges 26 24 Vice President Travis Hanus 14 12 Controller Clay Collins 7 4 Office Manager Mitch Patterson 5 3 Project Manger Carl Franzen 30 13 Project Manger Skyierlankowiak 12 8 Project Manger Mitch McMillian 9 8 Project Manger Carley Westin 7 7 Project Manger Shea Ailcoln 12 3 l Equipment Management Fleet Manager David Castillo 34 4 Lead Equipment Mechanic Rafael Garcia ' 15 6 General Mechanic Charles Fox 42• 3 Haul Truck Operator Robert Jackson 23 2 Field Management Supernatant Antwoin Evans 15 8 • Supernatant Jesus Ortega 11 11 Supernatant Luis Ortega 11 9 Foreman Alexis Berber 10 7 Foreman Brijido Borunda 32 4 Foreman Juan Avila 8 6 • to CDR ~ 4 a. 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N' a rg-3 67 a Q a g p JV 'fG4 m. 2 m g •. -1 6�S �. wco •1 . iv W P 4=' ni alrit lc i M N v r an w V jON a~i D 4i v fg a W Q3 la t%3 a co h1 .P F+ th I+ N' CO Ui Co Q1 tit ut Ui •P -V tri 1+ to 1D N to In 'tn W cn La ►r Ui U1 .P . w to b V c) O STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive_ This statement must be notarized. If necessary,questions may be answered on separate attached sheets. The Bidder may submit any additional information it desires. Date: 8/18/2025 Bidder(Legal Name of Firm): Solid Bridge Construction Date Organized: 7/23/2003 • Name of Owner(s): Vance Bridges Address: 3104 Interstate 45 South New Waverly, TX 77358 Date Incorporated: 7-23-2003 Federal ID-Number. 81-0625605 Number of Years in contracting business under present name: 22 years List all other names under which your business has operated in the last 10 years: n/a Work Presently Under Contract: Contract Amount$ Completion Date _ GT Bars $4,590,119.70 October2025 Leonard Road Stabilization $1,642,043.50 September 2025 Livingston Dam Repairs $387.050 August 2025 Type of work performed by your company: civil construction 45 field 2 office staff Total Staff employed by Firm(Breakdown by Managers and Trades on separate sheet): 8 prnject managers Have you ever failed to complete any work awarded to you? Yes 'No (If yes,please attach summary of details on a separate sheet. Include brief explanation of cause and resolution) Have you ever defaulted on a contract? Yes � No (If yes,please attach summary of details on a separate sheet Has your organization had arty disbarments or suspensions that have been imposed in the past five (5)years or that was still in effect during the five-year period or is still in effect? Yes t No (If yes,list and explain;such list must include disbarments and suspensions of officers;principals,partners, members,and employees of your organization.)Liston a separate sheet. SOQ Page 1 of 3 List the projects most recently completed by your firm(include project of similar importance): Project Amount$ Mo/Yr Completed Jasper Sandy Creek Bank $1,114,548 July 2024 GLO City of Rockdale Drainage Improvements $3,472,466 November 2024 TXCDBG Brenham Street and Drainage Improvements $567,979 October 2024— Major equipment available for this contract(if needed list on separate sheet) s � Are you in compliance with all applicable EEO requirements? Yes No Of no,please attach summary of details on a separate sheet) (Optional)Minority Business Reporting Information Owner's Race: Owner's Ethnicity: Owner's Gender - v Are you a Section 3 business?(see below) Yes /N." No Section 3 Business Concerns: a)Businesses that are 51 percent or more owned by Section 3 residents; b)Businesses whose permanent,full-time employees include persons,at least 30 percent of whom are currently Section 3 residents,or within three years of the date of first employment with the firm were Section 3 residents; c)Businesses that provide evidence of a commitment to subcontract in excess of 25 percent of;the dollar amount of all subcontracts to be awarded to businesses that meet the qualifications described above;or d) usInos:os located within they City/County's jurisdiction that identifies thema01ve3 oz Section 3 Business Concerns because they provide economic opportunities for low-and very low-income persons. Bank References: New First National Bank Credit Available: $10,000,000 Contact Name: Veronica INesneski • Phone Number. 832-344-2051 Address: 16554 Creekbend Drive. Su'te 150 _ City State&Zip Sugar Land, Texas 77478 Has the firm or predecessor firm been involved In a bankruptcy or reorganization? Yes No (If yes,please attach summary of details on a separate sheet List on a sheet attached hereto all judgements,claims,arbitration proceedings,or suits pending or outstanding against bidder over the last five(5)years with amount of claim and brief description. • • SOQ Page 2 of 3 y I List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5)years and brief explanation of claim and outcome. Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by City in verification of the recitals comprising this Statement of Bidder's Qualifications, . Signed this 18th day of August , 2025. Signature: Printed Name: Travis Hanus Title: Vice President Company Name: Solid Bridge Construction Notary Statement: • , being.duly sworn, says that he/she is the Travis Hanus, VP Position/Title of Solid Bridge Construction _(Firm Name), and hereby swears that the answers to the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and requests any person,firm, or corporation to furnish any information requested City of Rosenberg.in verification of the recitals comprising this Statement of Bidder's Qualifications. Subscribed and sworn before me this 18th day of August ,2025. Notary Public .��11Y,T,,,� MITCHELL PATTERSON Signature: 'p",�fi�Notary Public,State of Texas ��= Comm.Expires 02-10-2029 • Printed Name: Mitchell Patterson -,••"' ' ,u46 •••�,�: Notary ID 132922202 uti�ti wiroomm~1,. My Commission Expires: 2-10-2029 • The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. • SOQ Page 3 of 3 Recent Public Projects & References Adij .111.811 : SOLID BRIDGE CDDSTRUCTIOD COMMERCIAL - DEVELOPMENT 3104 Interstate 45 South New Waverly, TX 77358 936-435-0700 Brazos River Stabilization Amount $6,720,400 Owner:Fort Bend County Mud NO.140 Date Completed 4/30/2021 Agency:US Army Corps of Engineers,Funded by NRCS. Duration 7 months FEMA,Army Corps,Texas Historical Commission,Brazos River Authority,Fort Bend County Flood Control Engineer:Costello,Inc., Ron Dechert,713-783-7788 -Emergency stream bank stabilization of the Brazos River -68,000 tons of rip rap,1 mile of bank stabilization -Texas Historical battle site within construction boundaries.We recognized the on-site monitoring needed for the VCWRF Biosolids Facility project -180 day contract substantially completed in 105 days • — --- ——� T• • ' . _ •� �. f pit';%r r k 4 tie- ti' .J �} ii -..f ' i+� : , yr( s�� • S • I. 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J•(Pf; ..•rt v...' .r1�77.,� • •S t • I ..f.: - -i1.;, t14 r S r �-� yv+.�'• ; ; '1 i.�'�A -i y �'•' •1 .,:_ati.••Rila 'N$�:.� �, y` ^li' ' 1.+ Ni •dg=��+ •� ,,�'N ty fix, . e. , Brazos County Bridge Scour Repair Amount $1,677,208.90 Owner:Brazos County, Date Completed 12/2024 William Hadley, Duration 4 months whadley@brazoscountytx.gov Engineer:G.L.S. • Mason Kwiatkoski,979-776-9700 -Roadway Stabilization -Riprap -Erosion Control -Guard Rail .-....-Ntetpr: 'ki •- or'-'1•'''' '• ..1. '.',,-•°' "'• . ''''',--.. ..,r•-''.'' •• .,-.:'..'..7,-,". 2,3,1r.- 4•', •".:7-^'•' s .42'• 4---.-•.;f:..7 "- ....:-.:.„T.5.,. • ••-•fr•4•:V.--•••V-e•• •', ..-: '‘. -•-'t- ---...e.r" , .'...'i#'., .....* 0.L. . :- ts...„1•........• ....• r. 4.-' • 4--' v ,•••As,'''' ' •'-'')""f ?Or.' 4.i--Trry,'" ' ' '2....„:,.....- •_ -• ,,,. -••.41.z..-....- ,.' ',. 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'tcr---- 'A -, - • • • . . . , ',, r.,..,,,, .,.41/.0.,. , P.'. 4.......4.4. -,-% pa L ' •. . .. Trinity River Lock&Dam No.7 Amount - $6,248,530 Owner:North Texas Municipal Water District Date Completed 7/2023 Rodney Wolfe—NTMWD Construction Duration 16 months Inspector 2,469-652-9809, rwolfe@ntmwd.com Engineer:Freese and Nichols,Mark Ickert, 817-735-7229 -MSE soil stabilization bags with bare root saplings and native grass germination -Temp irrigation -Deep riverine environment I -38,000 tons of stone rip rap I ___ _ -- ---'-------- ----- — — _ /_:..��t "_ a6�._ • f•. • r..`1 -- •. .-' 1„• :-. ,..11.4 iI.• . ,r - - .y2� . <_ ,-•:ate. �Yr• k- ..0 =, lrl�� k,.. .rr•• '.-r.-or I"'i •Fyv�rct- ?•;,` {r • 'ft •j 1��� ', .a1 -\ F' ..��? may •1. r • .•. . C�,0 ke'�, � ' •'. jr. .!1.'t'I. a<'"$ t1 '''Nti.. f -.•-• ',•S-•• , F �..,"- ', 2,,,I.4. , 4• -- 4.......' Vt. •,. t 3s' . ;m -A. . r, L �. . w y i A.?'•rtr- JP .0 !, t z. a1.,r...4.R F r. . .�•,,mr. '•':riCL,:_ / ''`\ r sC. { ..s•�'�^�� ♦ w O. ' a \ 7f/ IAr `' N iS Z•r1;. 1," I # , "ma ,.. r••._. - -- -- _._ 44r .,ri -_ . 4 •1 � y NI . n:+-. , w • F�.{ sr � ,•fir', 4.� -• ' ' ' r ei„:4. r,:-_BL S-✓ •t . r i� Tr.fK. ' r., `� , -. = ! iQk r'r y"I• ,t Yi u'' •' 2 • i y- �',..r��" •,ti 1.. a S u s s •+.�'\ 4 C-_ ads` L ., •... P....,•,- of �--,,e ., -4.1. -•e.. f1:.5': • _et 4r. ♦.---'\- ,h ,,, ..,.,�\.� • c d r•. ti C1 h y r u \ J J # C ,,.•V ,�'1 ,1,Yt '., -1{ YiN"�t���ar y,7i%. .....� + -t;v000itowspo_.srorsl,';Zee•N. ..'.�..K1.4/� 1♦�� O. I n J -j ` c.`r .s Lk t 'v'• 44.e,,'? rip •j A v.r, _ ..T 't J4r c 11tx%'yfia f.L r':c 1t �a .�+r,� ;`ail.' ^Ma,.;4+ L �1'r+ ►• i �_i Ir•'•�'• ';' i;f.' .-^ ? t•'!,�' :!S"r ./.0 y, - • 'I' :77•'•4g`.Y I f'r` c+Vr 4:•••.If' . " .f r • 1- •�/•`.si.i v._ ��-c'= ` .C `` a .1, r• •3rr '• +r, Iy • ..r,' , IJ re41, �,.. j,�.p_r.kV Rayford Crossing RV Amount $6,220,398.55 Owner:MHC Land Holdings LLC Date Completed January 2023 • 8350 E Raintree Suite 220 Scottsdale,AZ 85260 512-541-0041 Engineer:Vogt Engineering,L.P.,Sergio Van Dusen,281-651-2976 A 175 Unit RV Park that encompasses retaining walls,flat work,electrical design and installation, lift stations with a design build landscape package in Spring,Texas turned out to be a large and beautiful project for Said Bridge.We are currently working with the owners on planning and development for an RV park with design build amenity center and small water park on lake Conroe in Willis Texas with a start date of June 1,2024. /4e .._. • ...,:. .-Ait* ) so , • .• 00, „.400 1 ,, .. .,..1. f., . . i " f •1 •✓ • �.. i ' 1. _ • :-',1r•l 3, - , - • ,=i 1 .,- - , ;t, b "at 'G•� ,a'± . • , ...1.-44 ., ' .VW i• •.!.• ,;•? t7:•"rV Wit' c.'17.�? ;'.• ---7.71'; • . '-: --.• tti.••`y�l«s>•r� t{0 2`.''. :-'-•-,, ,:i. V'- Y',�'•} ♦ 1 __ ¢.r,+s-��111.11. .dc pP��eecw`� + - : J •i ,i .�e1 .r •sue -i--. (yy ''•.y4�. �� i. -Am-.... .,-...'' ..,� .,.,44ie • '' '• ' •;fi •_3ll'7. • �� `i't g )x • ",,i,,ti �; �yr_ t ;•tI Ytt W. ,1 • -•-, . s-•irk• ' , Thousand Trails Colorado River RV Amount $4,614,492.29 Date Completed February 2022 Owner:MHC TT, L.P.-C/O Equity Lifestyle Properties, Inc. 8350 E,Raintree Suite 220 Scottsdale,AZ 85260 Luis Gonzalez—480-589-5620 Engineer:Kimley-HornColton Morgan,P.E. (281)475-2819 • -100 unit RV park expansion -Large cut and fills to balance site -Sealed existing amenity lake -Job was completed in 180 days -Installed on-site sewer system • - __ • .,y ..,.. 4: 4 .;t. Rio.•�; .-.,.•: ' rt•,...' .r.••} r;• ,,. 'r.•;' ; t .. •t••.••r': -•.;s? _.-t- r•.•. • '; = -•=—.J.4.may:• • . ,rf. - ...t- :•••'"i,r': c 'i!•/-J,S +"` YY.:.R.• •'''f ..''"'ti ; Ry .••., ‘c--. +r`Rd�y,.Fr^-- t 47 . 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',;e • {. • `4•..'-'l-•-.t_ 3 ifr •• • • • • - . a'�� i;,7., c - .•'i• •. .V .v •.•J•; '�• r lam 1 ' , • ,R.•�e•--� _:..�•►rt;'"..•.^sn_.,, ,��e.F!•.;c.' !^ :,, ,•. � r:,;.:.:`a' •mow:.,. t h: • . m V }mil vis• �"�•� }"��•' lr �•SF:to•e •0 4+r4s 't'✓ I tC'•'� v }i'.` _y T r• i L y� •mot.,. ▪.. •`..'.. t i • •S - .E`er+-....7sa S.• .'• 7-.f `' -" t - • T.'�•`•`+'.'"Y.'ti:!`. .J 1'i G.�k' ..•.jj"r �•• T•::4- 1 ^•-^^ .' - �. Irma#,fy}M+.,:.� �` ,! ttT+YS •�/�4 .y r••! .- .Y' "'T�2r ll4 S • •-. .:~ _ 'S.II�;-�� �� �. '-•a •Lam" "�v45 • ,'' •!' off ti sp•.Y ;r ,1 ` \�•t ' zL .i.;:F:- 1. -�� .- • • .(t • �C••1 ••, ••1 i.. r.. ,, I, :3 ;•i-t. •ti.5•C: • Artavia Astaire Parkway Culvert Bridge Amount $1,865,112.70 Owner:Airia Development Co.and Date Completed November 2023 MCMUD 111 • '20333 State Highway249,Suite 600 Houston,Texas 77070 • • (281)809-7800 ' Engineer:LJA Engineering,Inc., ' Christopher LeBlanc,713-953-5200 ' • • • • L-'71y.K7-y t• • �l �!ty '• .-• '1 � ^`yf , r. 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City of Brenham WWTP Bank Stabilization ' Dane Rau Amount $1,700,000 200 W Vulcan Street Date Completed 6/2019 Brenham,Texas Duration 7 Months Cell-979-451-1786 drau(Ecitvofbrenham.org -350 liner feet of 601-0"sheet pile in bank with . confined working area -1500 tons of rip rap installed in wall protection . -Storm lines in highly regulated area with gas and chemical lines r • • • \` i. . : . \ . ''_,..:= \ . l .il .,ri' ; �` \'\ ! ' •!1:i� 1\, i i. i t• 1•i i�l '1 l Int d \ . , • • • . ,•r i _ :. Atkins Creek Water,Sanitary and Storm Amount $321,592.40 Owner:City of Montgomery,Mike Date Completed 2/2020 Muckleroy, Duration 2 months • mmuckleroy@ci.montgomery.tx.us, 936-521-5294 Engineer:Jones I Carter, Michael Carpenter,713-569-4197 ...r, -Pile Driving -Water and Sewerline -Relocating 42"SET -Removal of 60'Pipe • • -• • • 'riqr, . I'..,•;''.,.•.. _.,tak, ,l, . , . 1....4 :' - • ' ' telfs • 1 . t----67 I*: . m-.. ••: .., 0., -o , . . ....:..., it! .. . 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I.,,-. , c k 4 , c , / Zo •,,,i„..,:' '41t•e7V.,- "•°••••... ..-r: " • I,. „,,, .1" 1....,,PPe,s. ,1 Sachse-Third Garland Creek Stabilization Amount $1,652,925 Owner:City of Sachse,Corey Nesbit Date Completed 9/2024 469-429-4792,cnesbit@cityofsachse.com Duration 6 months Engineer:UA Engineering,Dallas Wendling, 214-620-2772 -Sheet Piling -Sewerline Protection -Erosion Control . 1 pp�.� ryq.,$� J .: a 1,,.Y.^.trg �N , s` N*-1..41 1 t d k D,i "1ft! 'I,:fnio i,'t'`(-;,4 -Al tSy �.,::r� : =.-- •. �.i ' .1 oni I•' .?t7 S.4S. 1 .,•. s , , t r ,r: 1 T w:;x11-r� p +i v 1, -.9 .rye. y ,.t". "•.:2 --.."`� ��.,�.. •j ' : - .t a �t, \ h t`,•, y '' >/1 fe yf!Fr. :P..:,s �p .tF``v-=-^ Jr-. ti '� ,j, �,?� '\:y,T r.. y �y$ T1R'a re '+r J� �;11 ,..,.} i..- . 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"jar '4 , .�}. f i• t• 1 ,, Lake 0'The Pines Raw Water Intake Repairs KSA Engineers Amount $1,750,000 Dennis Cole Date Completed 6/2020 140 E Tyler Street Suite 600 Duration 8 Months Longview,TX 75601 713-819-8282 dcole2ksaeng.com • -Repairs and improvements to the Longview Water Plant -Installation of sheetpile below water level -Installation of rip-rap below water level - -Diver used to set grades and survey locations -Eagles nest in area required classes and heavy regulations • ,tia"•, --p ,,+- • • 1`«y _ ' 7 _-• . ,. '• / ( ' ems y / .r _.�" i ..t Yy • `, s.-1. 4,r� o• js �r i, , • N� ..� � • C a.% . fir, t eS. -tt • f y- 1!_,. 4.0 ;ij r y e + • ' -,hype q:.,`ia.T, x.` ter.;., • • n �vrt c -C" �. {"ate ,* �?e3C.v ," ,; �.�! •-!..G: yF:•Y.c-•y;j`1•tom�.J • i`-� h...sn • _k��y-..r •`- Lynn Creek Park Amount $400,841 Owner.The City of Grand Prairie, Date Completed 11/2020 Romin A.Khavari Duration 4 months Engineer:Half Associates Inc. • Stephen Crawford -Sheet Piling with Tiebacks -Shoreline Protection • -Riprap I II.iS%.: I ice) • CF- „ C�J• w✓ y' • tea^' 1 ,,Y, y. `a.' a vas • . } 4`A:. .: -•c• 4}•t `- .' — 41 ,, ", + • ,�• 1,rr ' - sue' fir' ' --`- s ti .., i '3Y i' - a. ` _''• ``�',* �'Syt�i�it��{,,.4:11-;',a;;.::. ,4 .,- ems+sue . }n �' q•'n'. . 4.-.l y Y` d A� f.• ".: �._C Lam' '- 4 • v cr-- '., • • ' ! >ty ,. - #. •w '`ia• , '�4.' 'w,�,., y f .••Pig l�o`�r`��.,� f'• •�i 0+ . rAL ::::. . ..,"b.'.—7,..:. ,. " .:"Iik ,...:,....1,:, ....,:t.4:' •': '..":..ti:, ,,,„4. .......... ....,....• .,,,,,re..1,.„.„0..t.w..4., ...F... . • 1,..,,.............•:, •.• ....„1., • ,,,,. . '.1,144- ,*,... • -6.1..is. : ...i. ,w,_ ..rtn. , ,... .i.,.. :-,:, _-_.L..-4.4.,., ... - ., .,.. .kp.,...r. • .,"-- -. '..it • . tiNvy' o,()� ,-+ 11 2 ' I�.-• ,, T om,.�" _• II g'‘ _4-' _.I' _-• IlL2 z''7: 9 . ro L. :t!r:s:upay'moo. =,r...k 7 r` 're r n":YT,7 Y (tip• : .- --_..- -. � �'Js\b,� �_.d� - r•c ^.r,�aa�.• <- s�:� `��•'.�y'�st"��,e,.F�•�'-,•w'--t.•,��+';�iy�'�!:�T. ,•�."'ram. ./` rA T.{C �yz- ..' rs' •rYc. '+'�.E`^�^ - rq" tCt�' ti��`�-+.c,r 0s' yQ:r y1Fe1� y3 1 11 C Ie , *tea • • • Walker County Box Culvert Crossing Amount $450,000 Bill Daugette-.Commissioner Precinct 3 Date Completed 10/2019 • 1100 University Ave Room 205 Duration 5 Months • • Huntsville,TX 77340 . ' Office-936-436-4912 • - 2-8'X8' box culvert crossing of county roads • -traffic control while construction • -txdot rated headwalls and slope paving -care of water during construction process •!ar. j ;L' •,�r • . + ' !' ii +�.�• Yid • ,' _ • S• Ili } .,i.. • 5/ , . - f;,�Y,;�9 ` - - i-1 --•1'! - — .. is•.'1„•. .ri�iT'-1Z •�, sr- I • ,i •may . ,--. ,�` • - • q' ;;• � -"-7,—:+,_;,,ram.•-- • • .••y� T, .. • . ...•r.. c. .. ,:,.-"L'r,....,.,-:--,.e. • !___---124:.'A..-1.4,4".....—A7,10.:,... • � J , ``N��y ' . . Aww ,,,D a�..▪ !'rr �i 'h•, ��,,•ter ,.i4k.`c,` .rr a y 6', Zl. att. .t is '.s �..t: Polk County Trinity River Erosion Owner:Polk County,101 West Church Street, Amount $468,000 Suite 300 Livingston,TX 77351 Date Completed 2/2020 936-327-6813 Duration 4 Months Agency:NRCS Engineer:GLS,903-581-3805 -Limited workspace on top of bank -Emergency stabilization of the Trinity River in Polk County -Steep Riverine Environment -Rapid Water level changes below TRA Livingston Dam - A ,C. ,•:. r • :ci aa s vL� Aj{-+'r°•.�rsa.a•, s .`it . - `' •cam -5 , , 4 -.s ;, ••^a `. '--,•- , ¢, t, 1 `-� r--1 - -ir" ,r am• i_ 4 A. • *_▪ ..4•.,.•4r2•r- 5 -�,_ "•A'W .- ^2E ,' a,_ ;eti ��+xIr ' �w 1' 1:r<, -•-'�`';...^+y„ -.. �•��.,}':.i if 4:-:r.A 9 3. sue...•r -J, -1, - ` e,--.,g. rg _-. „S�' i�'';Y G s 3r•-liAri.'i_ t,_; xy kk .- i�yt4 ;�i'X `_'s, •1 • v' ,sv'rs; :r- �'i� r%` .b' " ) i 0 F- �jt�r;•-.ru"1�'s :'+(_ t .. •� rCil'", l• } ,4 Ina ( - / 1 ` ,..X u. ��e#r .• e1 • ;rte 4ai ��-+++���7 �t • d r �� • ' , i4 f� ?�t t' P?y r �� • 4 ..,-4.,....,.'.� +•- e`x > „j , ,.., i"--" , K.y r i _. ,= '„,.,h, :,1sr� ' •' '�.%' 1','�- D %"'; ...=r3•`• . • r, r '� •s` -, ,i '�` C lr l',c 'Jt �s .4•1L ,'''•r 4. , ,•..,. 4j -=•.J ar f •.14r '• - •-••/)••' N Y ,)S �..,:.\ , e 3-is 'i w ,« ,,r T, '},S e 4 f j _.-,s \. t� 'tee! 'I - • - ,. .�, '4 ..44 fox;.S�}•�, 1 A.o -I. A ‘ z sP1f4i'}"'�''•.Flva r •, �. •• Y 4' , 1• 4''� .-_- %.,,,r;, �v.r.a/ 't",:,'•40u . t,4f it t S t{TJ Nl • .. • k -Xu{. ,. `. • a e ` a t•"zle+t-A kl N c,,.In 7�t' ,A17 ?k. •• .• '�; V.J."•s•.' !"^ e ; .i • tom.. —f ,� Y `x`rF^ a. i J„f •'-',`: '~— ;'. f `may`: •��%.4, ' .M.14 -,.1:. •• •r1\'; • ;.;-: .r r•y - `♦, , : r KSA-Engineers-Tyler Texas Amount 1,700,000 Chris Aylor-KSA Engineers Senior Project Manager Date 5/1/2017 • ' Office-903-581-8141 Duration 10 Months Cell-903-452-4880 Dennis Cole-Project Representative ' Cell-713-819-8282 . 6781 Oak Hill Boulevard Tyler,TX 75703 • • • Ashmore Drainage Improvements -complex concrete drainage system • ' -slope stabilization methods required • a• `��• _.'„•ram"-�i ._,, o�rss� ,',�• n er. . ./7- • . .... .._ • . Lf"i-r----1,-* ,,, . •M,C...-••tea.'• _,•� . .,. •t e• j`n� j� _.4;42 .�,a_:„. - • • ..,......„.„.„, , .. . ., :... r r .er ! / - -- T /4V < • L.iR' K '�'"\ •5 , T 't`A..'NT•:•4 }.�T� .Gif• '•-.r.�.:' •11w'• Y•.-"f- . • •s�i- • .,. ,\• . .y-t-..,. ray •IC�. ram-.„ �1 P :i`r• ^ ;. .1 =;; Chambers Creek Dam Reconstruction Amount $2,200,000 Tom Sulak Date Completed 10/2020 1822 FM 66 Suite 102 Duration 9 months Waxahachie,TX 75167 972-921-0054 tom.su lak@co.eilis.tx.us -2 darn sites restoration -25,000 yards lime treated earth fill on dam reconstruction ' -3,000 yards of rip rap armored dam installed -landscape seeding and Temp irrigation installation -Heavy de-watering in watershed „,t.',� .�Y� y.. r` • `i::� ' ,-Y�' '''"le P1�+ 2S � - +ir J+a 'aq '1z�� ss +r - .,t a R +'; 5. a, .i'.• "r�Y i, ',�'�ri r�ywJo if44a. fit., h_f S • -, ,• .,, ,a rV�1 .a , 4 f h +' . may,` ' tit�:•'��•. .. --, s: •-r^ •1 • S:e •'i;.•. a-r•. ;GA S F'g 4>� �_`R� ' j}r rr"'• ie. f ,�yGr7�, - _L'�°C-- .i 1•- 1%•� --F r-• - ---•7.- - .tiler t+ 4 . >+ -? �t y .'�• a•� d�W -, .l1,. - aS _^." -yr' ..5l';'•�y� ? . 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'VrS..y ..,- §` .(y`;M' {iQP��y•• -,8 ;y Y' l - ram, .. •:-a!y�.�g4.g•,'/�4 4`.t''" rV n• • • - +-per,;- .,y..CC �r.,,.t.., - r. }7.... ' . _ c`','}r •„.7-•-•-\ _ r i Z. ''�, K' ;fly ',e .1, l` sib k 'i' � t A ^'ate.•r"� .iJ!�'�,�=�,•7\• JAy . � � •.�,�'.z' Y- '_,• Eft•. >k�x l 4°r -_ .;1•, .,lc- , Yr ' s,H q., . •`r'`_ .z. l^jy� -'E�fi -.y £'s,x _t'!t Y•C ;.,�M' �:. a u •F- �j J R �l+'-..1,.a+Y`+ 4!!' J \' _:+_l, '^ :r -•'.�v:: • . s. J. • „^; ,"t�'P•T,r• - . ..C' - ` "TL o- 1. 4 • G •t; i �,�J,,�"."'•�-fr,• ;^_' ` ,Dj1�•r., r •i4.•L :'jam .- .. y�,Q+�i+�,i _7 V) \` •�,C.>s k .. ,,Y ••o. `- • :S• Z`''Li i �I + -S+. ..•..•\ : ~ i • �"Ci••,..`•.` 7•: •'Lc4•.4�•• '� ^ice? ce •di�C QF....',dl .Lt'A.S a.'.Y .T..n... Harris Co Flood Control -Concrete Spillway&Stilling Basin Mandel Garcia, P.E., PMP • Project Manager-Construction Division Harris County Flood Control District-Mike Talbott Service Center 7522 Prairie Oak Drive Houston,TX 77086 Office direct-346-286-4068 • -700' of concrete canel 7 to 13'tall -reroute of sewer and storm crossing lines -control of water while construction in active drainage channel • - - - '' ` . ��.,.' '', . _ mar• - . , ,........gi . „„. ukr . . ' : • IOW ., ;a#r a • • a +•a<. s :- '- .• .••Y ••`-.•q ' ' - _r• t. L ,&.•.��.• • • t ��1� � y 1 •',��{ 14���•y-�yy � 9 - ty•fY - Y F•�,'rq -.{ '• •jam ^�!}et.. .+'•i._ .C3 • 7}fit ,l. • • u•'• _ ./.� • (,•%- `•��` ' `"' �,••' ��; . —7 • •a•K- ".. • • . •^'w- • 7a t' - =y • 1T � 'IYwt4' ai .a•� . ;r. t� .. •..• hh�i "N.; a-. • -A.' '•• iitjj.1. • " - _ :•td` f] /y 0.1 `y••%r am . j ,M, whir • 1yyai4--�.1,. it •.•.`ti... . • . , Gullo Toyota Dealerships _ Rhowan Collins-CFO Amount 850,000 Cell-713-819-7367 Date 5/1/2018 7501-46 Duration 3 Months . Conroe,TX 77304 • Gullo Toyota-Expansion -1200 feet of box culvert installed in 1 week -custom 24'x 30'junction box -detention pond relocation :: ; r • 0� f ','• ••a• � `a. - : -" - - tt ; a.. • • • • ,•�. e... • .,• ••.•-•, •:.,i•k' a ,• ,..?'• . . ; a.tiyirS' -•:',..nt+' `. • •r ' •Y • ..:i'�•• \.' r-• ,•--s:•e ` •1 f '.-1..'i-• 4• • • r :•rl.:v.• • • 4':--1- • 'i,. `•'.t:'••• •�7••,---yr....•Y •-v;(" `•.•:1 •• .�•• . �E'Z'SU � s.�:1:i. .j.1� C``.0'S ci S1�'.:r. .ice _ ..ti•�• .1t.3,•,., •Y'�„ ••.•.:1.:V'•t t.t. • .•b • +•• :•i:!.:•. k.•g fir. '• •: .%yi '.j. • :• .._.e..!n.• - to•• •j. l• - —..1.•-').,w a F,•�. • __ - - ,• J• ....•, �v • • Plum Creek Watershed Site 10 Rehabilitation Amount $5,000,000 Owner:PLUM CREEK CONSERVATION DISTRICT Date Completed 10/2023 • Duration • 24 Months Agency:NRCS(Natural Resources Conservation Service) Engineer:M&E Consultants,Trent Street, tstreet@mande-pe.com - P.O.Box 9 • Heidenheimer,TX 76533 • , - NRCS dam rehabilitation • -installation of new concrete primary and auxiliary spillway _ -20,000 cubic yards of lime-treated earth fill dam ' reconstruction • • -5,000 tons of rip-rap armored shoring , -Heavy de-watering • -Heavy federal regulation and oversite . • { , , - "'r I •aJ r.. •- .� - t•i.ifat r r -,,fix. 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Y• ,r' ,.J rr�. .r" • • +. ,.•ir' _ J.+. .ei.•.�.e s.e1.'hy�e•°C" l.• (•.r�;t '1.•••..ei - :n.A3.,,, - •• .; ltjti '•s_?-?•41` $ y' "1- r1 f I•. - ...• .r.^XY'�'lf_��'^y,:�' ?i�`:=4,.• t ?=r'` '✓};' rt '-,r s=:. :. r Y 0 1 .r �'ry`kr�rf.:: "+E?`•. ••1 r'f. lf'frE ,✓=F .�•�C�-c am•' ". '".i.••} •f l,•• '';��}y7�:� e• �' .•,, • S'w�. +1 .. ' `. r� .s•t -a^•" •�iy�J -». • `'%":4 .•5 « :"��• ' , V•"�'' J '.gs •^• 1,t,at ,.t .q J :•,Y F ' • 7.1 ----.:• _• r-1'K�t9'l - - r• t. .-. •4 -:•:-z • :. ; + ,•.:•., .• .tea- —-.j-•_ --w. *:tif�.- --;, .,: -''l` `� . `'t.,'tl• -4 '.i'•:` -` ,• -..`r. a"�--r"':- ` • y , .� - <jn . '7�••.' ti 4 .,1ti }t • I :1 • ' S •;•'� • t �� ` �r ! ` + y . ; 7, " ,. yl ';i2 :• X�� r '""a► ." •�.-a - " . . . . ^r : '_°V f•• •'::r;Y�tr�r•:``nr:T* �.._ r.•L^i . ,-<-1'' 1`•,.+; '".'i,e... .•� '�. :, (f ''.,t "`Y +•s•N.- 1 *,fir" . .J (r.. •.. 1 " r •,r..4 ✓• ! ..7 • .•.Y, • a.'2.e e'-'7n 1 -tw--.--: y11:tn ;,'ti'•Rr•f *^ai k' .' •';-1• ~`In,: 1 7..,,. .3` �j 1J-4� !; c. - ".yS - 'ti,� .(�. ..-•ate•, -1R l. 1 Intercontinental Waterline&Detention Pond No.2 Amount $1,377,659 Owner:Eastveld Property Owner,LLC Date 10/2024 on behalf of Intercontinental Crossing Municipal Duration 10 months Utility District Engineer:Jones Engineering Solutions,LLC,James Jones,jamesjones@jonesengineeringsoiutions.com 281-507-5271 -Stormwater bores under several high pressure jet fuel lines servicing IAN George Bush Intercontinental Airport -Heavy regulation and oversite -Ground water 1.+ �3,' '�-t'L'.e, l�-fie. . 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I �Dt .J _ b Yr uF`-I 7y. •, ^• L = f Grand Texas Big Rivers Water Park Amount $18,000,000 • Owner:Grand Texas Date Completed June 2019 23065 TX-242,New Caney,TX 77357 832-840-7501 Engineer:Bleyl Engineering,Ken Walker,936-441-7833 .- .. -. ._.li -7:cv^;- r.Y"--',i^'• �� �'yy ,..kg:-'"'`i .t;L i• tf r. 1 v, • y.(�S/6-./--.sltiY.r—.IrM.r.—'�—.-Y+�Y../•, •'iY^�9 * ` F ``>•pc. ., *'� " 4'•'tiC'; 'F �t,,,• +� a... { �. yr s i : '✓S 'r� Z •r .f,i: 4-1..: ^. �•. S- - . .,....4-•ts4.�c f. F♦ --s� i ! af3.: • • ,' .e.- •• . • Q. .•,. i 'c .'-1.t-—r ' .T 7. "vex' _ ' Y'�% - 7 4..�4*.' - +r am • .. •V. y- 'yt�'', •-.t xis' '"_'•�. ,, - .44..•1•, -•••*.e.- .,4. /..r.ii.V.V.,i - • • - — . -4"e", .17.?__. . _ . . . ., _., _..„4401-7-04,1 .\.--.7:-. .;.• -'., f..it' ..--7o..->t-o • - _..,.. :',iP, t}'4,..,-..•.-," 45-.i •yi,.. ..•'... ' n .0(a +; �•"I'�� '\ , ,n . 'ATM , .4:4. is,,.1I..-.4. iai •fi%•,t.'. 4,. .4, .. 1; {dim S,.J-•_ .�, , e„ G; • IJ' ,.��;i 1.i. e, �.� '... Harris Co Flood Control • ' Mondel Garcia P.E PMP Amount 2,000,000 7522 Prairie Oak Drive Date 5/1/2020 Houston,TX 77086 Duration 8 Months 346-286-4068 mondel earicaCahcfcd.hctx.net Ben's Branch Channel Rehabiliation -70,000 yards of excavation and haul off -rip rap installation -import fill and embackment installation ,"- 1 _ r_ _ �. .. 4_, r • y+t% '4 13 --•1• ' • .• \ V Gam• . •.. ai�ti: 1:~•'!•l f ` 9 erg SJ- -,..�--....— Z 4An..�s f.L Arty; c• •x 04 ..V ..!-::...,:t•,t; f ..„;,•••••,-c•••:1•,.••- . -• .: 1 . :...:-.;...."--:":-:-..: 1.;.."---:-..-.- :::---11- • • • •--,•J .Ili.- ._ �iii��� :• �; �' It hi r` 47!'(''^ - ..r n•►•.. --, -- ^• tF� . •`4 .. _ - : "6'' ,. .. ;{•:•,+fit•. -.-•' • '� ; East Pond Siphon Amount $192,925 Owner:City of Shenandoah Date Completed 11/2021 Engineer:Bleyl Engineering,Ken Walker, Duration 3 months 936-441-7833 • -Strom water siphon/bore under high pressure 30"Natural gas pipeline -Heavy groundwater -Heavy regulation and supervision :/• • ,r . +- --- 0,4, ', . , •7 •F.. -.r..j•—•- Tom_ ▪ __ -ti.'V?.%.'i_1; ,+. •.. , - , -: '�` 4 '4 ='-=::.'iY:r '�', '.'c''; '? :cam .. 7.. , t=:- s•� ;A _.».- a:" •,4, ,rya x 3'-) "::t';`'-:.' ..`r+.'g 7'ts,"' -h SP- rL•r fl'?%.,5- ,`-i? .t'...%"'.:;54`k?�y""1" ,: r i..-.`�'`^i'.�,��1����''v3.��"v�'ci%id:s.y:L-.�..� �'�}'X�.�-,Yrr .:�•-rkr�•'_"�. 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'v.-t r:..:,..- T"t- ` :,1�:•!i.,. a 44.:1. •• ' ti i •Yr�.•' . y1 71 • 1r )41 ;-,j l.:Sy7±{ye jY f•-44-:—.�.f1 ;:•nM4. k � �,ti. / / 4 ra •' Y;is•%,r -,'•1s,am•^•'i•j • 4-}'. yt,i••+',,t►,L�i -t .•`•10• ,r ;*T.`f }Y-N �_ '1. . 11% ' iP ` • `: i••,.4%j,•.4r. . l. •i.0.l. t � •� , L-,, ` ! 'ti. , ,- . The Woodland Hills Section 18 Park ' Amount $1,180,589 Date Completed 3/2023 Owner:HF Holding Company,LLC, Duration 8 months Kelly Dietrich,936-672-2245, kelly.dietrich@howardhughes.com Engineer:Landology,(281)741-6786 - • -City park with native tress, plants and grasses on Irrigation • -Plant material under 1-year Maintenance contracts • -Specialty grade work and finishes _ . • _ c - L • =snwxl_3i ,-. 0.3',•1. -e • .alums, .' s •. -. ' '-r!Rf- r.-.-'#i. M :. '.Z . ,i, ; i. f"����t•J', • ^ 1. - . � i#•? .. t �� • 7 / ,` -'-rs/rasher^' r r ` . .- � +I. '' ....- All. ...Aiwa' • 71 lila:A t.•S' • ifiiii00 I xr_, _ !nrty) 0i•. ,�J/• • F' ' P r ••*,•••._I'lltireikif* a' • •• .41 II • n.moo •�'-. 9 i• er.. I ..w. • I _`z�+[•i�. - •- til.VP" • . .....,-- i .0,,,, t .4..,d',4 ''' '. ti.?;:ia. 37..:.4.;, ,w yr. .,. ��+ i.n n.� f•• •`fin,�"�t"• t.• fJ{, /. •;:- ti t•- 'i,:1 ♦. w 3 1,r•Mr` ..+1%y .-.ti -..• •( • • • ` „tit a3*it.5 yy '•*', .•a• 4,`.y IP -••.. ,f-Y -' •"Y* 'vain • •r. '••*"'iN�•y . 't ,. •. . a :``014'A • Equipment Owned Dozers • 2 John Deere with Trimble 1T0700JXLBD203028 700J 2011 3 John Deere with Trimble 1T075010(CEE268898 750K - 2015 4 John Deere with Trimble TO850CX944625 850C 2003 5 John Deere T0850JX127073 850J 2006 • 6 John Deere with Trimble LU950JX009417 950 J 2007 7 John Deere with Trimble LU1050J009906 1050 J 2008 8 John Deere 1U10501010506 1050J 2009 9 John Deere • LU10500006024 1050C - 2003 10 Llebherr with Trimble PR716142316281 PR716 LGP 2018 11 Liebherr with Trimble • PR72475513722 PR724 LGP 2014 _ Scraper Tractors 1 John Deere RW8760H003727 8760 2000 2 John Deere 1RW9460RHEE012249 9460R 2014 3 John Deere 1RW9530ECB002867 9530 2008 4 John Deere • - 1RW9530ECBE025582 - 9530 2012 5 John Deere 1RW9510RLCE003725 9510R 2012 6• John Deere 1RW9560RCCE003340 • 9560R 2012 7 John Deere 1RW9560RLCE006623 9560R 2013 Scraper Tractor Pans 1 Reynolds Water Pan , 17 Yard 2000 2 Reynolds Water Pan 17 Yard 2000 • • 3 Reynolds 29606 17 Yard - 2000 4 Reynolds 29086 17 Yard 2000 5 Reynolds LGP 17 Yard 2008 6 Reynolds LGP 17 Yard 2008 7 John Deere _ _ _ _ • 1810E 8 John Deere T81810E060336 1810E 2006 9 John Deere 1T81810ELD0120856 1810E 2013 • 10 John Deere T81814E050154 1814E 2006 11 John Deere T81814E060227 1814E 2006 • 12 John Deere 1T82112EKE120971 2112E 2014 13 John Deere 1T82112EAE0120958 2112E 2014 14 Land Ali Drag Blade 2010 • 15 Rome Drag - GK12-102 Blade 2016 Excavators 1 Caterpillar with Trimble CAT0329EAZCD00532 329E • 2014 2 Volvo 314486 EC140E 2021 • 4 John Deere with Thumb 1FF13SFCLEE400506 135G 2014 5 John Deere Amphibious 1FF210GXPDE521717 210G 2014 6 John Deere with Thumb 1FF245GXEGF800132 245G 2017 7 John Deere with Thumb FF240DX605330 240D 2006 8 John Deere with Thumb FF270DX703075 270D • 2010 John Deere 1FF300GXJDF710002 300G 2013 9 John Deere FF330CX804677 330C 2005 10 John Deere with Thumb FF350DX806324 350D 2008 John Deere 1FF350GXP.HF811884 350G 2017 11 John Deere with Trimble 1FF350GXKEF810490 350G 2015 12 John Deere with Q Coupler 1FF470GXHEE4710873 470G 2015 • 13 John Deere 1FF470GXHEE471033 470G 2015 Wheel Loaders 1 John Deere Bucket&Forks 1DW544KZTB0635207 •544k • 2011 2 John Deere Bucket&Forks DW624JH594779 624J 2004 3 Case Skip Loader •JJG0302150 570 • 2005 Motor Graders 1 John Deere with Trimble DW672DX608155 672D 2006 Water Trucks&Water Tower • 1 LMTV Army Truck A-T007203BCLF LMTV 1997 • 2 Oshkosh Fire Truck • 10TDK8Z18WS064592 T-3000 1998 3 Interpipe Tower Trailer 10K Gal 2010 Heavy Haul&Dump Trucks _ . 1 Kenworth Dump Truck 1XKDDA9X5 HS501367 T-800 1987 . • 2 Kenworth Heavy Haul 3WKDDBOX17F196123 T-800B 2007 3 Kenworth Heavy Haul _ 1XKDPBTX2 8/223684 T-800B 2008 4 Peterbilt Belly Dump 1XPVD79XXBD130249 .384 2008 5 Peterbilt Belly Dump - 1XPVDU9X2 9D789158 384 2009 - 6 Peterbilt Belly Dump 1XPVD09X6AD107296 . 384 2010 - 7 Peterbilt Belly Dump 1XPHDP9X1DD187052 386 2013 8 GMC Mechanical Truck 1GDJ7J1C33F503940 C7500 2003 9 GMC Mechanical Truck 1GTHK39Dg7E109887 3500 2007 10 Dodge Work Truck 3D7KU28693G738547 2500 2003 - 11 Dodge Work Truck 1D7KS28C06J162474 2500 2006 12 Dodge Work Truck 3D7KU28C646128788 ' 2500 2004 13 Dodge Work Truck 3D7MX49C06G270003 3500 2006 14 Dodge Work Truck 3C7WDTCL3CG121243 3500 2012 Trailers . Trail King 110 Heavy Haul 1TKR005840FM057298 55 Ton 2015 1 Pitts 55 Ton Heavy Haul 5JYLB553X DP130051 55 Ton 2012 ' 2 Landoll Heavy Haul 25 Ton 1980 3 CPS Belly Dump 5MC1116279P010092 22 CY 2009 4 Manic Belly Dump 5MC424016D3134981 22 CY - 2013 . . 5 CPS Belly Dump 5MC424019K3182553 22 CY 2019 6 CPS Belly Dump 5MC424010K3182554 22 CY 2019 7 20' Dump Trailer 10 Ton 2005 8- 20' Husky Equipment Trailer__. __ _ _ _ _ 59JT1LT24GD596104__ _ 8 Ton " 2016 _ 9 20' Big Tex Equipment Trailer 8 Ton 2020 10 22' Big Tex Equipment Trailer 8 Ton 2020 • Tractors With Seeding Equipment 1 Kubota Seeding Tractor 3840 2012 2 Kubota Seeding Tractor 66593 M9000 2005 3 ' Land Pride Seed Drill , 575866 CR2572 2020 4 Land Pride Batwing Mower LP15 2020 5 Grun SB7-T Straw Blower 6 Lay-Mor SM400 Broom 34287 SM400 2013 Mobile Get Set&Mobile Offices 1 Kohler Mobile Gen Set 25 KW 2013 2 Kohler Mobile Gen Set 2009161 60 KW 2004 Brazos County Bridge Scour repair Alexander Road (003) Solid Bridge Construction LLC • Travis Hants • Day 1 Project 832-065.7424 Display Week:' 1-Jan 1 TASK AS GONCD ; PROGRESS • START END • MOBILIZATION,/Traffic Control ' SBC 0% • Day1 - Day7 UTILITY LOCATE/PROJECT LAYOUT/SWPPP SRC 0% Day 3- Day 10 Demo and haul off SBC 0% Day 5- Day 15 . Grade/Stabilize road ways 58C 09i Day 12- Dayzz Concrete paving/curbing/cure time 5BC 0% Day 22 - Day 65 • Rip rap and drainage 58C 0% Day 15- Day 3S Guard rails sec 0% Day 30• Day 70 Hydroseed 58C o% Day 65- Day 72 Punch list/final dean/De-mob SBC 0% Day 70- Day 78 • • • • Brazos County Bridge Scour repair Alexander Road North (002) Solid Bridge Construction LLC Travis Hanus Day i *Project Stag: B32.465-7424 Display Week: 1-Jan • TASK I I A55T0 EO U`5 PROGR ; START (ND MOBILIZATION I TrafRc Control sac 0% Day 1 - Day? • UTILITY LOCATE/PROJECT•LAYOLIT/SWPPP sec 0% Day 3- Day 10 • Demo and haul off sac 0% Day5- Day 15' .Grade/Stabilise road ways sac ' 0% .• Day 12- Day 22 ; - Concrete paving/curbing/cure time' sac 0% ' Day 22 - Day 65 • • Rip rap and drainage sec 0% Day 15- Day 55 Guard rails Sac 0% Day 30- Day70 Hydroseed W sac 0% Day 65. Day72 Punch list/final clean/De-mob sac 0% Day 70• Day 78 • Brazos County Bridge Scour repair Collette Lane Solid Bridge Construction LLC • Travis Manus Day 1 Project Start 832-065-7424 Display Week: 1-Jan ' •• - ASSIGNED i TASK I - ° PROGRESS' ! START END v - 1 !! { MOBILIZATION/Traffic Control SBC 0% Day 1 - Day? UTILITY LOCATE/PROJECT LAYOUT/SWPPP 5BC 0% - Day 3 - Day 10 . Demo and haul off SBC 0% Day 5- Day 15 . • Grade/Stabilize road ways sac 0% • Day 12- Day 12 Concrete paving/curbing/cure time SBC a% Day 22 - Day 65 Rip rap and drainage SBC • 0% Day 15- Day 35 Guard rails sac 0% Day 30- Day 70 Hydroseed sac 0% Day 65 - Day 72 Punch list/final clean/De-mob sac 0% Day 70 - Day 78 • Brazos County Bridge Scour repair Harris Lane Solid Bridge Construction LLC Travis Hanus Day 1 Project Start: • 832-465-7424 I Display Week: 1-Jan3 , {;.5 l i ASSIGNED PROGRESS' F SW,_ ENO MOBILIZATION/Traffic Control • SIC 0% 1 Day i. Day? I UTILITY LOCATE/PROJECT LAW UT/SWPPP 58C 0% Day 1.- Day 20 . iDemo and haul off - seC 0% pay S- Day 13 - Nip rap and drainage sac 0% ' Day.10- Day 17 iConcrete mow strip SBC : 0% Day 12- Day 20 + I Guard rails seC o%a Day 15- Day 25 . Hydroseed - sec . 0% . Day 22 Day 27 1 Punch list/final clean/De-mob -• SOC 0% - Day 27 Day 30 . - I. • Brazos County Bridge Scour repair Dilly Shaw Tap Road Solid Bridge Construction LLC Travis Hanus Day 1 • Project Start: - 832-465-7424 Display Week: 1-Jan TASK ASStGNEO i PROGRESS START ENJ TO MOBILIZATION/Traffic Control SOC 0% Day 1 • Day 7 • UTIUTY LOCATE/PROJECT LAYOUT/SWPPP sac •0% Day 3- Day to Demo and haul.off - SBC 0% Day S- Day 15 Grade/Stabilize road ways • 58C 0% Day 12- bay 22 Concrete paving/curbing/cure time SSC' • 0% Day 22 - Day 55 • Rip rap and drainage sec 0% Day 15- Day 35 Guard ralis 58C 0% Day 30- pay 70- Hydroseed SSC d% Day 65- Day 72 • Punch list/final clean/De-mob SBC 0% Day 70- Day 78 • 4: f9itt-4t+L tlr , _ Brazos County Bridge Scour repair Kurten Cemetery Road Solid Bridge Construction LLC Travis Hanus Day Project Start: / • • 832-465.7424 Display Week: 1-Jan 'TASK' _• - - ,. - 5• 15 GTIED . ,PNOG�ESS, - START - w- •.Ef70 • MOBILIZATION./Traffic Control Sac 0% Day 1 = Day 7 • UTILITY LOCATE/PROJECT LAYOUT/SWPPP - 58C 0% Day 3- Day 10 'Defio and haul off - sec 0% Days Dby is . Grade/Stabilize roadways • sac • 0% Day 12- Day 22• Concrete paving/curbing/cure time • sac 0% Day22 - Day65 • • Rip rap and.drainage. Sac • D%,; Day 15- • Day 35 . • • . ... . 1.. ..S_ •._. .... .. a.. r -.. ...... ....... .... ..... .. .r•• T ,a._ t Guard rails • •sec 046 Day 30- 'Day70 • Hydroseed SBC 0% Day 65- ' •65y72 Punch list/final clean/De-mob SBc . . 0% . Day70•• Day78 FJG(J;4i?hit 7rk . ..... _ ... .. .. .. .. • Brazos County Bridge Scour repair Fickey Road (001) • . Solid Bridge Construction LLC . Travis Hanus Day Project Start 832-465-7424 Display Week: 1-Jan ;ASSIGNED TASK I TO • PROGRESS l START END I • I MOBILIZATION/Traffic Control SBC 0% Day 1 Day T UTILITY LOCATE/PROJECT LAYOUT/SWPPP sac 0% Day 3• Day 10 Demo and haul off sec -.0% Day5- Day Grade/Stabilize road ways r 4 sec -0% Day 12- Day 22-: • Concrete paving/curbing/cure time sac 0% Day 22 - Day 65 Rip rap and drainage SBC . 0% Day 1S- Day 35 Guardrails SBC o% Day 30- •Day70 • Hydroseed SW ' 0% Day 65- Day 72 - Punch list/final clean/De-mob. Sec D'A Day 70- Day 78 • '+Oal.SIVA;:We i: .::. . . . . . ... . • . . .. . . . . . l Brazos County Bridge Scour repair Fickey Road(002) Solid Bridge Construction LLC Travis Hanus • Day 1 Project Start: • 832 465 7424 Display Week: - 1-jan ` I IGNE TASK • 4 ( - r• `SS'T D PROGRESS . START END MOBILIZATION/Traffic Control I SBC 0% Day 1 - Day 7 I UTILITY LOCATE/PROJECT LAYOUT/SWPPP SBC 096 Day 3- Day 10 • Demo and haul off SRC •, 0% 'Qay 5- Day 15 I Grade/Stabilize road ways sec 0% Day 12- Day 22 Concrete paving/curbing/cure time sec 0% Day 22 - Day 65 .Rip rap and drainage SBC 0% _ Day IS- Day 35 ' Guard rills sec 0% Day30- Day70 Hydroseed SBC 0% Day65- Day72 Punch list/final clean/De-mob sac 0% Day 70- Day 78 - • Brazos County Bridge Scour repair - Deep Well Road Solld Bridge Construction LtC • ' Travis Hants. FroladStart: Day1 • 832-465-7424 Display Weak — I 1-Jan • • i i I 70 ASSIGNED 1 � . TASK II-- ,f I'itOGRC55 I START . .L N11 ' MOBILIZATION/Traffic Control - set' .0% _ Day)'- Day.7 • UTILITY WCATP/PROJECT LAYOUT/SWPPP sec 0% Day 1 , ' Day to Demo and:haul off • • . . SBC •.0% , Day S. tz ..Day 15 1 • _Aiprapanddrainagew-._.. a,•;. ..... ;._. . . e -'ssC.. ...... ...,0%. ADay10_ Da 17 Concrete mow.strip sBC o% Day 12: . •- Day20 Guard railt• ...sac 0% •. • •. Day 15'-- : Day.25 • . . .4..k.,.. .,: •..3 . . ..w ... : sir J.. .••..'..sL••.}.... .. n,w . ....:Al',� AJw. ...:.;ear.V•-'.'7....9.1". C ...... ... .... •Hydroseed 56c- ',I -• •0% Day 22' • Day 27 • , ,Punch list/final clean/De-mob . sat .0% .Pay 27 , ., Day 30 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No. 25126-3.04 11/412025 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 2,000.00 County Judge- General Fund Administration Supplies and Other Charges Expenditure 2,000.00 General Fund Reallocation of funds to the appropriate account for the WordPress AI Tool that was approved in the FY 2026 Budget. is project falls under the Digital Services Officer position that was moved from Information Technology to County Judge. SAM ,Date: _ . 1012312025 AaM 136 __ u ge Approval Date _3 For Oracle Entry Only FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 14000006 60211000 (2,000.00) 01000 10000100 60211000 2,000.00 ... 'r E' .0 ``•.� • l3RAZOS.VOu�T T=+•e a . ,titi••' • •'d, f • °. ••. Si Ito''• f o�,- B(JDGET AMEND Et4T . .'oaf rx Of Ati Budget Amendment Number* Budget Amendment Number Agenda Date 3.04 11/4/2025 Fiscal Year Requesting Department {October 1-September 30 2026 v BUDGET OFFICE v J Requesters Name INina Payne From:Amount DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S): DECREASE EXPENDITURE(S): $ 1000 General Fund v 114000006 Information Technoloc v 60211000 Software-No Tag v 1 2{,-000.00 From:Fund Number From:Division Name From:Account Number AMOUNT OF DECREASE Total $12,000,00 TOTAL AMOUNT OF DECREASE To:Amount , INCREASE EXPENOITURE(S): INCREASE EXPENDITURE(S): INCREASE EXPENDITURE(S): $ 1000 General Fund r o0001 oo County Judge-Admix v 60211000 Software-No Tag vj 2,000.00 To:Fund Number To:Division Name To:Account Number AMOUNT OF INCREASE Total $k2,000.00 T—�l TOTAL AMOUNT OF INCREASE TO EXPLANATION AND SIGNATURE • Explanation Explanation to reclasify budget to proper accounts: Reallocation of funds to the appropriate account for the WordPress Al Tool that was approved in the FY 2026 Budget. This project falls under the Digital Services Officer position that was moved from Information Technology to County Judge. File and Documentation File Upload UpoaEi RE_Ken Smtih Transfer.pdf 285.55KB Signature Initiator Department(?) I BUDGET OFFICE v Signature Elected Official/Dept Head Comments Elected Official/Dept Head Comments Signature Budget Officer Signature Budget Officer Comments CC Approval Oracle Posted Completion Date Sign Date will be captured on form submission Comments Commissioners Court Decision Comments • from: ar.-rr+r ft? To: Moab=r,. tefycn at lea'nd,Tmda Naar Tlert,t,Oucttor 23,Nes t:51210M .ateaeren Hi Nina, After looking ot-or oar budget again and confirming with Ken,we found one other item that needs to be moved over to County Judge's budget for Ken Smith.Please see belo... Item Amount Account Coding WotdPres<Al Tools for one webnyes S2,000.00 1400000660211000 We requested this as a COP,but were later told to add it as M&O. Sony for missing this with the other breakdown of funds. Let me know if you have any Question. Thank you, Amanda Adams Administrative Assistant lamas County Information Technology Dap moment 979-361.4572-Office 979321.2863-Tel[ from:Nina Payne enpayne@brazoscountyta.g000 Sent Wednesday,October 8,2025 3:18 PM To:Amanda C.Adams<ACAdamsObrazoscountytx.goa' Subject:RE:Ken With Transfer Yea the 28a'. lino N.Payne Budget Officer,Brazos County Brazos County Administration Budding 200 South Te ass Avenue Brazos County,Texas 778m tel.(979)3614186 far(979)361 4503 ATTENTION POe110 OTTICW,Nia•AN paler seaneeera)s A'Reply to Ann of tale.-mall could lead to.tol<tloar of the Tex.Open lfeettap Art to replying,please reply asp M the apace. Fmm:Amarda o-0o. .._.......,-.-- Sent Wednesday,October 8,2025 3:15 PM To:Mee Payne 40,es•.r.9^•- ns.rl"r f*Z‘7;Erie V.Caldwel Subject RE:Ken Smtifi Transfer .Sounds good?Thanks for your help with this. I will update oar Piles o relict the changes with the BA. WiR think going on court 10/287 Thank you, Amanda,?dams Administratite Assistant Brazos County Information Technology Deportment 979.361.4572-Office 979-321-2863-Cell • From:Nina Payne<D^T"-9!-`-+•sue,-"t''^, Sent Wednesday,October 8,2025152 PM To:Amanda C Adams 44r3m '.t^sac,-.'rn+x.nas;EricV.Caldwell<+ra'•f:.0I9h.a-cerounn vnolo Subject:RE:Ken Smash Transfer Amanda. 1 will eompteae the 11Ato move(n weer)to the County;..dge'a budget The SB00 wit recruit in R'ebudget nine k woe ehargedon the Credit card Please ler me know it you nave any questions. Item Amount Account Coding National Association ofGoventmnot Web Pcofesiionalu(NAGW)Dues STS.00 1,4000I30-6128 0 0 0 0 _��_-�,.-,• _,�,� County tell phone-S4130/month forl2months - _ $519.60 14000100-61750000 . NAGW Conference Registradon(10114725-101171231 5800.00 14000I00-6I110000 Lassoing:8oaq%.Raga,.. NAOW ConferenceTTavd _.. 61403.00 140001,30.61805000 Laserfiche empower 0egistatioo(4/26126-4/307'S)- SLSm.00 I4000100-611t0000 tomtrhe Einpowoe005(erenceTravel $2.4m.00 74000100-618OID00.�. Thanks, Nina N.Payne Budget officer,Brazos County Brazos County Administration Building 200 South Texas Avenue Brazos County,Texas 77803 teL(979)361-4186 fax(979)361.4503 ATRNrton PUBLIC OPT1C1AL5'sleeted pater.Maataeeale A.R.py to A11-of Ill.a matt could load to delattoos of the Tee.Open Naattonx Art.If aptytoy ptea,e',Fly only to the.ender, HUM Amanda CAdams<Arad.-"khror^sr-.ter gtwy Sent Thursday,September 11,20251:13 PM To:Nina Payne<p^,vnr-"nbramunwr snore Enc V.Caldwell<p-Adw.'i-7b•rr^<rolem,,r-.x CC Eye).gloat tenzrr:'�:.,,.So'o.e t•.a r•>\•>' Su blest:RE:Ken Smtth Transfer Hi Nina Pleas°sic below for the itemi d breakdown of funds allocated for K.for FY26. Item Amnon' Acetuol Coding National Association of Go.. mien:Web Pmfnsiona:s(NAGW)Dues S225 00 14000103-61283000 County cell Ozone-S47.20I nd:fa 12 months S519.60 14000100-61750000 NAGW ConfarnceRegistration(10/14/25 10/17/25) S800.00 14000100-61110000 NAGW Conference Travel 52.100.00 140(10100-61801000 Leserfiche Empower Conference Registration(426/26-4/30/261 SI.500.00 14000103-61110000 Laserfiche Empower C.f...Travel 52.400 00 1400010 6(001000 Please oo:e see have already prepsid for the registration for De NAGW conference for S573 00 using my county credit cod on PO 250904738. If there o arnthieg else Sun Deed-please let me lnosv- Thal:)oo, Amanda Adams Adminisrati,e Assistant Brazos County Information Technology Department 979-361-4372—OIT re 979.321.28E 3-Cell From:NI na Payne<r-r-•r 4C•nr^••^1^nv cry> Sent:Thursday,September 11,202511:44 AM To:Eric V.Cardwell c-- onto Ce:Kyle 1.K40al et?--i'^`•'r^r^J'p-'x ems;Amanda C.Adams<4., , ^•^n•s, in-c,r^7 Subject:Ken Smbh Transfer Importanw:High Eric, Please send Mean iteradedbteakdartnof rho FY2026 budget you a incased tea Ken(e.g.,Induct cor!creme s,ce0plena,me.).l ptan:opreparea buogez amendment in October to mow tfscowrods from In!mrnatien Techno loge-Admirstra:zas to the County Judge, KinAylndudo aencemt numbers.veto des c+prionr.and anoints to each item.Fleas°send this tome notate/than Friday,metre mAer 19.2025,so t haver srdheient Omer to draft the amendment Thank you, Nina N.Payne Budget Officer,Brazos County Brazos County Admi n:sva0on Bta:dsg 200 South Texas Asenue Brazos County,Texas 77803 tel.{979)361-4185 fax 1979)361-4503 nrnBHTtOH PUBLIC orneuts la1<eled.onto:aoloataerap A Rapty re Ail•of this•malt eu.14 had to alolarlaad or 11.Ton*Opera bteetlap Ace.If nptytuO,pleas*reply only to tha spode,.I h, Vi 7.141,\ * ‘.. * n 1 Q , G+TY OF 9s.1"/ BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Human Resources NUMBER: )ATE OF COURT MEETING: 11/4/2025 TEM: • Approval of Personnel Change of Status -O: Commissioners Court )ATE: 10/28/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Human Resources is requesting the approval of the following Personnel Action Forms dOTES/EXCEPTIONS: (PAFs). A list of departments is included on the attached coversheet. All positions have been reviewed and verified that they fall within budget guidelines. Consequence of non- approval would be to the employee pay and/or position. ATTACHMENTS: File Name Description Type Cover Sheet.pdf Cover Sheet Cover Memo Personnel Change of Status (Oct 28,2025) Commissioners' Court Date: 11-04-2025 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee Name County Court at Law#2-Administration Austin,Lindsey District Attorney-Administration Coronado,Brandon Separations Department Name Employee Name County Court at Law#2-Administration Cooksey,Christina Exposition Center-Administration Penny,Morgan Juvenile Services-Administration Probation Criddle,Steven Juvenile Services-Detention Carson,Joe* Sheriff Office-Jail Administration Chappell,Tyler Sheriff Office-Jail Administration Martinez, Bryan Sheriff Office-Jail Administration Rodriguez,Tiffanie Personnel Action Forms Department Name Employee Name District Attorney-Administration Capps,Kevin District Attorney-Administration Hebert,Jennifer District Attorney-Administration Jordan,Jordan District Attorney-Administration Porter, Rachel District Clerk-Administration Stovall,Jerry Juvenile Services-Detention Thomas, Markel! Sheriff Office-CSISD School Security Acosta,Jaime Sheriff Office-Jail Administration Harris,Ashley Sheriff Office-Jail Administration Nance, Rickey Tax Assessor-Collector-Administration Becerra,Carolyn Tax Assessor-Collector-Administration Durrett,Niki Tax Assessor-Collector-Administration Hill,Jon Tax Assessor-Collector-Administration Hines,Angela Tax Assessor-Collector-Administration Manchaca, Kristi Tax Assessor-Collector-Administration Moore, Michele Tax Assessor-Collector-Administration Moore,Tommie Tax Assessor-Collector-Administration Radke,Tracy Tax Assessor-Collector-Administration Robinson,Arquetta Tax Assessor-Collector-Administration Stanley,Carri Tax Assessor-Collector-Administration Stratton,Gary • Tax Assessor-Collector-Administration Taplin Sweed,Yolanda Approved in Commissioners' C ourt• • County.Judge's or Commissioner's Signature: , o`�� .1_ •c, Co au i `( Zi,-c-xo e-