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Home My WebLink About2008-02-26-9:00AM-REGULARty BRAZOS COUNTY BRYAN, TEXAS r: NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, FEBRUARY 26, 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 -26: 3. Proclamation establishing February 24th through March 1St as "Severe Weather Awareness Week" in Brazos County. 4. Budget Amendments 07/08 19.1 thru 07/08 19.2. 5. Personnel Changes of Status. 6. Payment of Claims. 7. Brazos County Burn Ban, as established by Order #08-003. 8. Out of state travel request from Jail Administrator, Wayne Dicky to attend the American Jail Association Conference in Sacramento, California. Dates of travel are 3-8 May 2008. 9. Appointment of Mr. Ronnie Jackson as a Board of Trustee member of the Mental Health mental Retardation Authority of Brazos Valley. Term of appointment is 3/01/2008 to 02/28/2010. Brazos County Courthouse • 300 East 2eh St. Suite 106 . Bryan, Texas 77803 . Fax: (979) 823-6993 NP 1 6r) .F b Commissioners Court Meeting Agenda February 26, 2008 Page Two 10. Appointment of the following individuals to the Homeland Security Advisory Committee for 2008: a. R.B. Alley, Fire Chief, City of College Station b. Scott McCollum, Police Dept., City of College Station c. Brian Hilton, EMC, City of College Station d. Bart Humphreys, PIO, City of College Station e. Gary Balmain, Public Works, City of College Station f. Michael Donoho, Fire Chief, City of Bryan g. Peter Sheets, Assistant Chief, City of Bryan h. Jerry Henry, EMC, City of Bryan i. Betsy Godwin, Executive Director, Brazos County 911 j. Jim Barker, Deputy Fire Chief, South Brazos County Fire Dept. k. Leslie Lutz, Emergency Planner, Texas A&M University 1. Kenny Mallard, Commissioner, Brazos County m. Jerome Losack, Chief Deputy, Brazos County n. Chuck Frazier, EMC, Brazos County 11. Tax Refund Applications for the following: a. Brazos County Abstract b. Fort Bend Funding c. APCO, Inc. 12. Payment authorization in the amount of $257.27 to Capitol Bearing for air conditioning parts installed at the Brazos Center in FY 2007. An invoice was never received. 13. Contract with Brazos Maternal & Child Health Clinic, Inc. for FY 2008. 14. Payment authorization in the amount of $176,365.26 to Rosser International for architectural services for the expansion of the Brazos County Detention Center. 15. Payment authorization in the amount of $3,500.00 to Holtkamp Realty Consultants for appraisal services of the Tabor Road Arena and Land. 16. Requisition #00018048 to Gooseneck Trailer Mfg. for the budgeted purchase of a steel stock trailer for the Sheriff's Office. IT Requisition #00018067 to Wilton's Office Works for file folders for the Sheriff's Office to be paid from the Records Management fund. 18. Award of Bid 2008-024, Motor Grader Blades to Valk Manufacturing based on best price. Commissioners Court Meeting Agenda February 26, 2008 Page Three 19. Award of Bid 2008-026, Bridge Pilings to Kennedy Saw Mills based on best price. 20. Award of Bid 2008-028, Hydrated Lime to Austin White Lime based on best price. 21. Award of Bid 2008-029, High Volume/ Low Speed Fans for the Expo Center to Bayer Electric based on best price. 22. Permission to add the following to Brazos County's list of exemptions from competitive bidding for FY 2008: a. Greenway Constructors, Inc. / Stephen P. Byrne, FAIC, MCIOB, CPC b. Bill Ballard 23. Permission to advertise Bid 2008-031, Inmate Telephone System. 24. Contract with Greenway Constructors, Inc. / Stephen P. Byrne for professional services for the Brazos County Detention Center expansion. 25. Request from Brazos Texas Land Development for approval of the proposed Arrington Road realignment to accommodate the City of College Station's Thoroughfare Plan. This plan will move the Arrington Road - State Highway 40 intersection approximately 0.5 mile west of its current location. Site is located in Precinct 1. 26. Acceptance of a Special Warranty Deed from Douglass H. Garrett and wife, Lori L. Garrett for improvements to Fickey Road. Site is located in Precinct 2. 27. Announcement of interest items and possible future agenda topics. 28. Call for citizen input and/or concerns. 29. Agency / Board / Committee reports by Court members. 30. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. ion ~~a COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 26, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, February 26, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The County Judge read aloud Proclamation #08-0?? designating the week of February 24th through March lst, 2008 as "Severe Weather Awareness Week" in Brazos County. The Court joins with the Governor's Division of Emergency Management, National Weather Service and Federal Emergency Management Agency to urge all citizens to prepare for severe weather Vol 16 Page 163 Commissioners Court meeting February 26, 2008 2 events and to educate themselves on safety strategies. On motion by the County Judge, seconded by Commissioner Peters the Court moved to proclaim the week of February 24th through March 1, 2008 as "Severe Weather Awareness Week" throughout Brazos County. The Court next considered Budget Amendment 407/08-19.1 through 19.2 that would reallocate funds for Commissioners Court-Non-Departmental, and the Exposition Complex. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment that was approved is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7046871 through 7047108 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. Vol 0 Page l (o+ Commissioners Court meeting February 26, 2008 3 The next matter for consideration by the Court was rescinding Order #08-003 banning out door burning. Chuck Frazier, Emergency Management Coordinator, speaking on behalf of the fire chiefs, said their recommendation was to keep the burn ban in place. There has not been much rain. The grass is dry. The winds are high. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to leave the outdoor burn ban in place. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for himself to attend the American Jail Association Conference in Sacramento, California May 3rd through 8th, 2008. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Mr. Wayne Dicky. The Court next considered the reappointment of an individual to serve as a Board of Trustee member of the Mental Health Mental Retardation Authority of Brazos Valley (MHMR). On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to reappoint Ronnie Jackson to fill the upcoming term of March 1, 2008 through February 28, 2010. Vol 16 ~ Page W5 Commissioners Court meeting February 26, 2008 4 The next matter before the Court was the appointment of individuals to serve on the Homeland Security Advisory Committee for 2008. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to appoint the following individuals to serve on the committee: a. R. B. Alley, Fire Chief, City of College Station b. Scott McCollum, Police Department, City of College Station c. Brian Hilton, EMC, City of College Station d. Bart Humphreys, Public Information Officer, City of College Station e. Gary Balmain, Public Works, City of College Station f. Michael Donoho, Fire Chief, City of Bryan g. Peter Sheets, Assistant Chief, City of Bryan h. Jerry Henry, EMC, City of Bryan i. Betsy Godwin, Executive Director, Brazos County 9-1-1 j. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department k. Leslie Lutz, Emergency Planner, Texas A&M University 1. Kenny Mallard, Commissioner, Brazos County m. Jerome Losack, Sheriff's Deputy, Brazos County n. Chuck Frazier, Emergency Management Coordinator, Brazos County The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Brazos County Abstract, over payment $ 28.80 b. Fort Bend Funding, over payment $50.00 c. APCO, Inc., over payment $ 130.00 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. Vol to Page 16 L Commissioners Court meeting February 26, 2008 5 The Court next considered a payment authorization in the amount of $257.27 to Capitol Bearing for air conditioning parts installed at the Brazos Center in FY 2007. An invoice was never received. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a contract with Brazos Maternal & Child Health Clinic, Inc. for FY 2008. The Clinic will provide medical services to pregnant women who qualify for such services. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract contingent upon revision of the last paragraph on Assignability, and authorized the County Judge to execute the document. A copy is attached. The Court next considered a payment authorization in the amount of $176,365.26 to Rosser International covering architectural services for the expansion of the Brazos County Detention Center. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $3,500.00 to Holtkamp Realty Consultants covering the appraisal services of Tabor Vol 10 ~ Page I6-7 Commissioners Court meeting February 26, 2008 6 Road Arena and Land. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered approval of requisition 0018048 in the amount of $8,110.00 to Gooseneck Trailer Mfg. for a steel stock trailer for the Sheriff's Office. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of requisition 00018067 to Wilton Office Works in the amount of $1,068.00 for file folders for the Sheriff's Office. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered awarding Bid No. 2008-024, Motor Grader Blades. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Valk Manufacturing. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Valk Manufacturing. A copy of the bid tabulation is attached. Vole Page I&g Commissioners Court meeting February 26, 2008 7 The Court next considered awarding Bid No. 200-026, Bridge Pilings. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Kennedy Saw Mills. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Kennedy Saw Mills. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-028, Hydrated Lime. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Austin White Lime. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Austin White Lime. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-029, High Volume/Low Speed Fans. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Bayer Electric. On motion by Commissioner Peters seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award Vol jb~ Page /&q Commissioners Court meeting February 26, 2008 8 the contract to Bayer Electric. A copy of the bid tabulation is attached. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(4). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to exempt the following vendors from the competitive bidding requirement for fiscal year 2008-2009 as follows: Professional Services/Consulting a. Greenway Constructors, Inc./Stephen P. Byrne, FAIC, MCIOB, CPC b. Bill Ballard The next matter for consideration was approval for the Purchasing Agent to advertise RFP 2008-031, Inmate Telephone System. On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to authorize the Purchasing Agent to advertise an RFP for an Inmate Telephone System. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Greenway Constructors Inc. (Stephen P. Byrne) to provide pre- construction services on the Brazos County Jail Project. This is actually a Memorandum of Agreement. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Vol ~ Page 170 Commissioners Court meeting February 26, 2008 9 Court voted unanimously to approve the Memorandum of Agreement and to choose services outlined in option "C". A copy of the Memorandum of Agreement is attached. The next matter before the Court was consideration of a request from Brazos Texas Land Development for approval of the proposed Arrington Road realignment to accommodate the City of College Station's thoroughfare plan which moves the Arrington Road-State Highway 40 intersection approximately 0.5 of a mile west of its current location. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Fickey Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Douglass H. Garrett and wife Lori L. Garrett for the expansion and improvements to Fickey Road. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Vol I b Page l ~ 1 Commissioners Court meeting February 26, 2008 10 Sheriff Chris Kirk a) There were 540 inmates this morning in the Brazos County Jail. 97 are on electronic monitoring. Last week there were 568 inmates in jail. There is a failure rate of 15 to 20 percent of those on electronic monitoring. This has proven to be successful. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 16 Page OA The foregoing minutes of the Commissioners Court meeting held February 26, 2008 have been examined and are approved in open Court this the 1W day of 2008, in Bryan, Brazos County, Texas. Randy Si County udge Duane Peters Commissioner, Precinct 2 Carey Cauley, Jr. Commissioner, Precinct 4 Attest: c Karen McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla i Commissione, Precinct 3 Vol 10 ~ Page 133 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON og~ 2008 ATQ Speaking Name Organization/Department F -IJ' NNc KcR~ 4~ `Lc H 5 4 ~i El LY) v 1 6~ 17'f BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT ; L1A 4 17,5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-19.1 thru 07/08-19.2 On this the 26`x' day of February 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 26 February 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 26`h day of February 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 170 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -19.1 U DIV ACCT 000500 6174 PROJ D R/CR ACCOUNT NAME Increase Decrease n 0000 CR Tele hone 70 000 00 000500 65320 , . 000 DR E ui ment -Maintenance 70,000.00 Commissio ne ' C t N r s our : on-De artmental To reallocate funds to allow for the payment for the telephone equipment destroyed b lighting. The expenditure was approved b an Emergency Meeting of Commissioner's Court on February 18, 2008. There is a $5,000.00 deductible on our insurance olic . Prepared By: Ifj Date: 2/19/2008 /0~ 171 l~ Department Approva Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 19.2 9/9" / I- FUND DIV ACCT PROJ DR/CR c..v ACCOUNT NAME Increase Decrease 0100 0100 36000100 36000100 51610000 51640000 CR DR Hourly - Staff Hourly - Temporary 16,438.00 16,438.00 Exposition Center To reallocate funds to create two temporary positions funded from a full-time position. Approved b Commissioner's Court on February 12, 2008 item #5. Reclassification of Class 0831, Position 3, Group 12 Ste 2 to create one 3/4 time temporary Buildin -Buildings and Grounds Attendant. Is and Grounds Attendant and one 1/2 time position Department Approval Date Prepared By: Ifj Date: 2/21/2008 County Judg Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 26, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on I # 5 - Reques Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Anders, Kathleen C. Resignation County Attorney Jadlowski, Christopher Army Reserve-Active Duty Wilkes, Tiffany J. Resignation SO/Jail Stultz, James Transfer within Dept. Approved in Commissioners' Court: February County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 4 179 1 CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas Avenue, Suite G, Bryan, Texas 77802, RECITALS: WHEREAS, the medical care of the County's poor and indigent has become a growing problem; and WHEREAS, the County recognizes that good medical care of pregnant women results in healthier babies and less costly medical expenses incurred for the child in the future by the parents and the Community; and WHEREAS, the Court is interested in promoting such care through the Provider, NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM This contract shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October 2007 and terminating 30th day of September 2008. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information and medicine as needed (herein "Services"). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of the Director of Provider and the salaries of other staff as described in Enclosure (1) attached hereto and made a part hereof for all purposes. The County and Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to qualified /so applicants and that the funding of salaries for the trained personnel of Provider is designed to accomplish that goal. COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the salaries as stated on Exhibit "A" up to a maximum of Seventy Five Thousand and No/100 Dollars ($75,000.00) for the term of this Contract. This sum shall be paid upon the following dates and in the following amounts: December 15, 2007 $18,750.00 March 15, 2008 $18,750.00 June 15, 2008 $18,750.00 September 15, 2008 $18,750.00 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract: 1. All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Providers Services with regard to residency and financial qualifications. 3. Maintaining this Contract. 4. Providing of the Provider's Services. 5. Maintaining data files on clients and the Services provided thereto. 6. Respond to all and any inquiries by the County regarding the Clinic and its Services. 7. Assist the County with information needed for audit purposes. 8. Provide the County with quarterly financial statements. 9. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provide financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth 2 106 ifi herein above. 11. Provide the Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: Provide County funds for the payment of the consideration stated herein. 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 record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. 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 Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least four (4) 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, religion, 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 be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or 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 act or omission or negligence on the part of each party hereto. ion ~ ~a 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 Contract or the Services to which it relates has personal interest direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. 3370 SOUTH TEXAS AVE, SUITE "G" BRYAN, TEXAS 77802 BRAZOS COUNTY C/O COMMISSIONERS COURT BRAZOS COUNTY COURTHOUSE 300 E. 26TH Street, Suite 114 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. INFORMATION FURNISHED BY THE RECIPIENT Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide 4 Exhibit "A" SALARY AND RELATED EMPLOYER EXPENSES Executive Director Base Salary Benefits Billing Clerk Base Salary Benefits Receptionist Base Salary Benefits TOTAL EXPENSES Brazos County Contract Remaining Expenses 6 $61,800.00 4,570.32 25,838.00 3,773.40 16,255.00 3,773.40 $116,010.12 $75,000.00 $41,010.12 jo~ - 10 information necessary for the Auditor to properly account for all funds expended or received by the entity. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County; otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this 2L day of 2008. Brazos B , Judge ATTEST: Brazos Maternal & Child Health Z'Z~- Steve By: Koran, Executive Director By:_ CtI2 C,, Jennifer Blasingame, MD, President lob 185 o co g m a ti N VVW {+M~ M Z M pFp~~ M Z co K N Qv~ppi N G7 d o fK Q z z z Q o C W O z D Q 0 a. Q C ~ Q 4 N ' ` } gg N N $ c:; N o N a J } F M 3 C7 z Y 3 Z t m a ~ V H N rf 40 yti N M M z C z +C z N J W to ~ o C,-, v K F m a o \ c e v Y z a is in ~ s x 4e e~ : x .o `w e x a $ ao = x C ao e x ai fO o x N io x x ~ ap x x tl `a~ x x J S 2 .1 W a x 21 h } } 0.' Z Q ~ J W > a z LU z J p 4 Q V F BID TABULATION 2008-026 BRIDGE PILINGS 2/28/08-2/27/09 Kennedy Saw Mills Shreveport, LA MNMMEENN~ DESCRIPTION EST UNIT PRICE UNIT PRICE F.O.B. F.O.B. SUPPLIER BRAZOS CO 18" BUTT, 20' LONG 10 WONUMNOWANWOOMW $207.41 $223.41 18" BUTT, 25' LONG 10 $228.31 $248.31 18" BUTT, 30' LONG 30 $335.68 $359.68 18" BUTT, 35' LONG $421.25 $449.25 8" BUTT, 35' LONG L50 $192.58 $213.58 DELIVERY IN DAYS: 30 - 60 Davs *6/35 **All material is southern yellow pine treated with #1 creosote. Delivered price is for truckload quantities of 9,600 which is 46,000 pounds RECOMMENDATION: KENNEDY SAW MILLS COURT APPROVAL: APPROVAL DATE: 1 dr 1P D m W Z Q d. O UA V C.) O 09 W U, tai CL C%i - e o 4 N t~ h O= O _ c N E 0 e~ N Z H zo o E Z = W aC CL a O $ _ J LL ~ J V I O y co y a N O w W o0 !O N ? m o .a Z m Z o~ o lz a a W W C Z W ~j LA. LE a5 (00 IL 'o < o o Ix L w c I O IX M CO) W o y. ° o tL a W '°w LL W ° W a Q I ck: a ° s O ~ a ~ m a n v d Q ly 1 ~g N z a w O w w a o~ (n N O co J O w N ~ m J O 2 iob l9q MEMO TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioners Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 26th day of February, 2008, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge Lloyd Wasserman, Commissioner, Duane Peters, Commissioner, Precinct 2 Kenny Mallard, Commissioner, Precinct Carey Cauley, Jr., Commissioner, Precin The Commissioners' Court has determined that there is a need to exempt the vendor(s) listed below from the competitive bidding requirement for fiscal year 2008-2009 as follows: COMPANY: GREENWAY CONSTRUCTORS, INC./ STEPHEN P. BYRNE, FAIL, MCIOB, CPC PRODUCT/SERVICE: PROFESSIONAL SERVICES/ CONSULTING STATUTE: 262.024(a)(4) o~ 1 qD MEMO TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioners Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 26th day of February, 2008, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge Lloyd Wasserman, Commissioner, Pr inct I GU~~G~2sscl~.~--1~~, Duane Peters, Commissioner, Precinct 2 -Q- Kenny Mallard, Commissioner, Precinct 3 J Carey Cauley, Jr., Commissioner, Precinct 4 The Commissioners' Court has determined that there is a need to exempt the vendor(s) listed below from the competitive bidding requirement for fiscal year 2008-2009 as follows: COMPANY: BILL BALLARD PRODUCT/SERVICE: PROFESSIONAL SERVICES/ CONSULTING STATUTE: 262.024(a)(4) Ink I q) Greenway Constructors GCYlIncorporated Gkt ralGmilwtor%andCim4nnlioniet<mgei. February 22, 2008 Judge Randy Sims Brazos County Judge Brazos County Courthouse 300 East 26th Street Bryan, Texas 77801 RE: Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Dear Judge Sims: It was a pleasure to meet with you and discuss the opportunity to represent you and Brazos County on the above referenced project. As we discussed, our firm has over twenty six years (26) of experience in representing owners, like Brazos County, on a multitude of various project types from design development and coordination through on site quality control and quality assurance professional services. Our staff is available immediately to begin working with your design team and construction manager at risk on this project and.we provide several options that can be utilized to accomplish your goals on this project. These options are as follows: Owner Representation Option A Greenway Constructors, Inc. will provide the pre-construction services for the project based on the following scope including but not limited to:. A. Coordination of the design development between the Architect and Construction Manager at Risk (CM@R) throughout this phase of the project. B. Coordination of the Guaranteed Maximum Price development with the CM@R to assist the County in keeping this project within the budget constraints established. C. Coordination assistance and oversight of the GMP contingency to maximize the most cost efficient project to be delivered. D. Coordination assistance and oversight of the overall project schedule with the optimization of critical need areas in early project delivery. E. Coordination assistance in the prequalification of trade contractors for the project and input on the final selection of the subcontractors. lob ~1a Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Page Two of Four I We propose to provide the pre-construction phase services based on the Amount Available for Construction Contract (AACC) of Forty five million dollars ($45,000,000.00) for Forty Five Thousand Dollars ($45,000.00) and will be billed monthly as the pre-construction process progresses. Owner Representation Option B Greenway Constructors, Inc. will provide the construction phase services for the project based on the following scope including but not limited to: A. Coordination assistance and oversight of the preparation of the contracts with the trade contractors selected for this project including scope verification and validation. B. Coordination assistance between the CM@R and Brazos County and the issuance of the Notice to Proceed. C. Coordination assistance and oversight of the initial construction schedule and subsequent monthly updates to Brazos County. D. Coordination assistance and oversight of the incorporation of the GMP Contingency into the overall project budget to maximize the total project delivery. E. On-site inspections to assist in the coordination of the implementation of the work scope into the project and quality control inspections to meet or exceed the expectations of Brazos County. F. Monthly Contract Administration including the processing of payment requisitions and approved change orders on behalf of Brazos County. G. Coordination, review and subsequent recommendations of proposed change orders, contract time extensions and proposed scope enhancements or modifications during the construction duration. H. Coordination and oversight of early substantial completion inspections and early acceptance of the critical need building areas by Brazos County. I. Coordination and implementation of monthly Owner meetings with the Design team, CM@R constructor, User groups and the Commissioners Court to provide monthly status updates and assist in the Commissioning of the building. We propose to provide the construction phase services based on the Amount Available for Construction Contract of Forty five million dollars ($45,000,000.00) for One Hundred Ninety Thousand Dollars ($190,000.00) and will be billed monthly as the work progresses during construction. ion ~W9 Propo§ed Construction Management Services Brazos County Jail Complex Brazos County, Texas Page Three of Four Owner Rearesentation Option C Greenway Constructors, Inc. will provide the pre-construction and construction phase services for the project, including but not limited to: A. Coordination of the design development between the Architect and Construction Manager at Risk (CM@R) throughout this phase of the project. B. Coordination of the Guaranteed Maximum Price development with the CM@R to assist the County in keeping this project within the budget constraints established. C. Coordination assistance and oversight of the GMP contingency to maximize the most cost efficient project to be delivered. D. Coordination assistance and oversight of the overall project schedule with the optimization of critical need areas in early project delivery. E. Coordination assistance in the prequalification of trade contractors for the project and input on the final selection of the subcontractors. F. Coordination assistance and oversight of the preparation of the contracts with the trade contractors selected for this project including scope verification and validation. G. Coordination assistance between the CM@R and Brazos County and the issuance of the Notice to Proceed. H. Coordination assistance and oversight of the initial construction schedule and subsequent monthly updates to Brazos County. 1. Coordination assistance and oversight of the incorporation of the GMP Contingency into the overall project budget to maximize the total project delivery. J. On-site inspections to assist in the coordination of the implementation of the work scope into the project and quality control inspections to meet or exceed the expectations of Brazos County. K. Monthly Contract Administration including the processing of payment requisitions and approved change orders on behalf of Brazos County. L. Coordination, review and subsequent recommendations of proposed change orders, contract time extensions and proposed scope enhancements or modifications during the construction duration. 0 194 Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Page Four of Four M. Coordination and oversight of early substantial completion inspections and early acceptance of the critical need building areas by Brazos County. N. Coordination and implementation of monthly Owner meetings with the Design team, CM@R constructor, User groups and the Commissioners Court to provide monthly status updates and assist in the Commissioning of the building. We propose to provide the combination of preconstruction and construction phase services based on the Amount Available for Construction Contract of Forty five million dollars ($45,000,000.00) for Two Hundred Thirty Five Thousand Dollars ($235,000.00) and will be billed monthly as the work progresses during construction. We have based our proposal on the construction schedule delivery date of April 10, 2010 provided to us and dated 2/21/08. If the construction delivery date extends beyond this date, we propose a fee extension of qO°O i @,000 00-per month, which will be prorated based on the final delivery date. We will provide a copy of 6*4 our Errors and Omissions insurance policy for this contract amount upon approval of this proposal with Brazos County named as the certificate holder. We look forward to working with you and Brazos County on this unique opportunity and the completion of a successful project. If you have questions concerning this information, please do not hesitate to contact me. Sincerely, f- Stephe . Byrne, FAIC, IOB, CPC President Acceptance: Brazos,Vounty Judge Randy Sims Enclosures SPB/mm Date of Acceptance I as 1 9-5 R BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: February 26, 2008 ITEM: Consider and take action on request from Brazos Texas Land Development for approval of the proposed Arrington Road realignment to accommodate the City of College Station's Thoroughfare Plan which moves the Arrington Road-State Highway 40 intersection approximately 0.5 mile west of its current location Roadwayyealignment is conducive to the health, safety and welfare of the general public Site is located in Precinct 1 PRESENTATION: See attached Exhibit A and Exhibit B detailing construction of new intersection. SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commis ner Lloyd Wassermann County Engineer Precinct 1 CC2008-013 This Request is A proved (ord. Denied by Commissioners' Court Date: Randy Si7"unty Judge Brazos Texas Lind Development 1 10 I'crehin . College Station, I'\ -.78-to Fchrttary 1(), 2008 Hoyd Wassermann Brazos County Contnri4sioncr Pct l 300 1:- 26 i' St., Suite 106 Bryan, Texas '7780.2 RF: Realignment of Arrington Road Dear Commissioner Wasserman. As the developer of Greens Prairie (.'enter, I request that the Brazos (`ounty Commi sirEners ('owI grant approval for the proposed realignment of Arrington Road and nncrdifieations to the existing roadway as shown on Exhibits A and B. Greens Prairie Center is a commercial development on the southwest quadrant of tfie SII o'SI1 4tt intersection, The new alignment of Arrington Roan passes through a portion of it. IIhis nevv alignment is necessary to comply with the Thoroughfare Plan of the City of C'oilege Station. which moves the Arrington Road/SIf 40 intersection approximately one-hall' mile vvesl of us current intersection and allows tier a tenure grade 4cparafor at ;Arrington Road and S11 -40. I he new alignment is shown on Iixhibit A. This exhthit also shows how Old Arrnwtun ]load will he closed on its north end in the futurc. Die new, roadway alignment will reconnect to existing Arrington Road a ,tort dititance nrir(h of South Oaks Drive. At that location, Arrington Road is t)wncd and maintained liy Brazos C'ounl}, so any changes to the roadway redutre approval of the Commissioner's Court. The reconnection point will require the modnhcaIions shown in Fxhibit B. Much include rerouting iraflie. realignment of roadway segments, anti removal of exlsting pavenunt. Durim! c:onsirucrion, access volt he maintained to all propulics in the vicinity and every atlcnnpt wIII he rnrrdc to mu mite inconveniences to the adfoining property owners. There will he no cost to ltrams County for any of this work. As you and the other memhcrs irf ('on3niissioner's Court review this proposal, please Icel tiee ro contact my agent, Pam z Vessah. or my engineer, Jim Schult/. iI tiou have (lue.snon . Thank Pm tier your considerron. A f top Srrjckrely Y n Vu r s hams I'mus Land DCv elopment cc t nary Arnold, lirazcnr: ('ountt Joc Schuh. (evil (kticfnprr7c'iit. i td.. '(r1-',"7 16" 197 ~G~w.lJk.~,unm+r. L.aa 500 250 0 1-)00 y SCALE IN FEET EXHIBIT A ARRINGTON ROAD REALIGNMENT FUTURE CLOSURE f OF OLD o/ ARRINGTON ROAD \ \ I > °a - CITY LIMIT LINE yfJ GREENS PRAIRIE CENTER o \ ~ 4 rrfag of n toad . ~ 1 1 z.~ - ~wil~ ~ ~ ikc 1►r, 'N} Yr Y ` \ 41 i Exhibit B A `gton Road Realignment a f j llf ~ j 10~ Iffq