HomeMy WebLinkAbout2009-02-24-9:00AM-REGULAR
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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 24 FEBRUARY 2009 AT 9:00 A_M_ IN THE COMMISSIONE
U RS CORTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_
1 ° Invocation and Pledge o£ Allegiance Judge Sims°
2. Call £or citizen's input and/or concerns.
3. Update from the District Clerk on the NACo Prescription Discount Card Program.
Consider and take action On agenda items 4 - 19:
4° Budget Amendment 08/09 - 21 -1 thrti 21.2.
5. Persox 1 Change of Status.
6. Payment of Claims.
7_ Proclamation 09-017 celebrating the 35" anniversary o£ The Mental Health Mental
Retardation Authority of Brazos Valley°
8_ Order 09-003 regulating the fee For nonconsent tows in the unincorporated area of Brazos County and establishing procedures for request of tow study in regard to such rates°
9° Revised Contract with Homes 4 Good for foster care services to update the £ee rates for
Fiscal Year 2009; term of this contract is 1 October 2008 through 30 September 2009.
Office of thY County Judges - 200 South Texas Ave. Suite 332 - Bryan, Texas 77803 Fax: (979) 361-4503
~l~S )~1
Commissioners Court Agenda
24 February 2009
Page 2
10. Contract with Terracon Consultants, Inc. for engineering services and/or construction
materials testing; contract term is 2/24/09 through 12/31/09.
11. Contract with The Eagle newspaper for classified line advertising with no change in
rates; contract term is 3/02/09 to 3/02/10.
12. Interlocal Agreement with the County Information Resources Agency (CIRA) for a
project to develop standards and requirements for a common integrated justice system
software solution for county government.
13. Reappointment of the following individuals to the Brazos County Bail Bond Board,
with appointment term of 1 January 2009 through 31 December 2010:
a. Commissioner Duane Peters as Commissioners Court representative;
b. The Honorable Judge Jim Locke, County Court at Law #2, as County Courts
representative.
14. Consideration of and vote upon approval of the Brazos County Health Facilities
Development Corporation Burleson St. Joseph Manor Revenue Refunding Bonds,
Series 2009.
15. Tax Refund Applications for the following:
a. Texas Veterans Land Board h. David M. Dansby
b. Taylor Bean & Whitaker Mortgage i. Motorcycles Plus LLC
c. Ameristar Title Co. j. Gay Beck
d. Bobby A. & Robert Abeyta, Sr. k. Elizabeth Archer
e. Aggieland Credit Union (2) 1. John R. C. & Meghan Robinson
f. Camwest Traditions LP (2) m. Beatrice A. Sheffield
g. Palmos Russ McCullough Law Offices
16. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal.
17. Request from Verizon Communications to relocate (at Brazos County's request)
approximately 5,135 feet of buried communications cable in the right of way of
Wickson Lake Road to accommodate a roadway improvements project; site is located
in Precinct 2.
18. Payment authorization in the amount of $291.91 to West, Inc. for online research
conducted by the Civil Division of the County Attorney's Office; some databases
accessed were not covered by the monthly subscription.
19. Payment authorization in the amount of $397.00 to Judge Michael McCleary, Pct. 1
Justice of the Peace, reimbursing him for the purchase of a GPS unit from the JP
Technology Fund; a purchase order was not obtained in advance.
20. Acknowledgement of the Investment Report for the quarter ending 12/31/2008.
Commissioners Court Agenda
24 February 2009
Page 3
21. Announcement of interest items and possible future agenda topics.
22. Call for citizen input and/or concerns.
23. Agency / Board / Committee reports by Court members.
24. Adjourn
The County Administration Building 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.
iiRw - [93
COMMISSIONERS' COURT
REGULAR MEETING
FEBRUARY 24, 2009
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 9:00 a.m.
on Tuesday, February 24, 2009 with the following members of
the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was an update by the
District Clerk on the NACo Prescription Discount Card Program.
First he introduced three (3) employees from his office and
then went on to state the in January of 2009 the program saw a
savings of $42,792.89. The savings grand total for 2008 was
Vol 1,19 Page ~
Commissioners Court meeting February 24, 2009 2
$407,979.34. He announced that soon dental and eye care will
be added to the program.
The Court next considered Budget Amendment ##08/09-21.1
through 21.2 that would transfer funds from Contingency to the
Sheriff's Office-Jail Division (2). On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to approve the budget amendment as submitted. A
copy each amendment 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 Cauley, 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:
7059182 through 7059448
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The County Judge read aloud Proclamation #09-017
celebrating February 24, 2009 as the "35th Anniversary
Celebration of the establishment of the Mental Health Mental
Retardation Authority of the Brazos Valley". The Court urges
Vol 119 Page 1 Y5
Commissioners Court meeting February 24, 2009 3
the interested and caring residents of Brazos County to help
the MHMR provide quality services to their clients. On motion
by the County Judge, seconded by Commissioner Peters the Court
moved to proclaim February 24, 2009 as "35th Anniversary
Celebration of the establishment of the Mental Health Mental
Retardation Authority of the Brazos Valley" throughout Brazos
County.
The next matter for consideration by the Court was an
Order Regulating Fees for Non-consent Tows in the
Unincorporated Area of Brazos County and Establishing
Procedures for Request of Tow Study in Regard to Such Fees.
This is allowed under Texas Occupations Code § 2308.202 to
regulate the fee to be charged fro non-consent tows, including
not only tows initiated by a law enforcement officer, but also
non consent tows from private property. Tina Snelling, Court
Counsel stated that Harris, Travis, Wilson and Tarrant
Counties submitted information that aided in the formulation
of the fee schedule. Commissioner Peters moved to adopt the
Order. Commissioner Wassermann seconded the motion.
Commissioners Wassermann, Peters, Cauley and the County Judge
voted "Aye". Commissioner Mallard abstained. The motion
carried. A copy of the Order is attached.
Vol l 19 Page l f~
Commissioners Court meeting February 24, 2009 4
The next matter before the Court was consideration of a
Revised Contract for Foster Care Services between Brazos
County Juvenile Services and Homes 4 Good to provide food,
shelter, care and control of youth placed in the Home by
Disposition Order of the Juvenile Court or Conditions of
Release by the Juvenile Court. This contract amends the fees
of the contract that was approved in November 2008. The term
of the contract is for twelve (12) months commencing October
1, 2008 through September 30, 2009. Cost to Brazos County is
as follows:
Basic Level $38.59
Moderate Level $87.99
Specialized Level $126.49
Intense Level $222.19
Emergency Shelter $106.22
On motion by Commissioner Peters, seconded by Commissioner
Cauley the Court voted unanimously to enter into contract with
Homes 4 Good and authorized the County Judge to execute the
document. A copy is attached.
The next matter before the Court was consideration of an
extension of existing contract with Terracon Consulting
Engineers and Scientists, for Construction Materials Testing
on Brazos County projects. There would be one change to the
Vol [ l f Page 19'7
Commissioners Court meeting February 24, 2009 5
fee schedule. Instead of a per test charge for in place
density it is replaced with a per day gauge fee. The term of
the contract is from February 24, 2009 through December 31,
2009. On motion by Commissioner Peters, seconded by the County
Judge, the Court voted unanimously to approve the extension of
existing contract with Terracon and authorized the County
Judge to execute the document. A copy is attached. Demetrios
Basdekas stated he was for the contract but that he had some
questions which were as follows:
a. What is the amount of the contract?
b. Are there any ASTM standards addressed?
c. Will steel members be inspected?
The Court next considered a contract with The Eagle
Newspaper for classified line advertising for the period of
March 2, 2009 through March 2, 2010. Rates will remain the
same at $.80 per line per day. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to approve the contract with The Eagle and
authorized the County Judge to execute the document. A copy is
attached.
The next matter before the Court was consideration of an
Interlocal Agreement with the Texas Association of Counties
for participation in the development of standards for an
Vol t g' Page ff
Commissioners Court meeting February 24, 2009 6
integrated justice information system and to remit funds in
the amount of one tenth of one percent (.001%) of the general
fund budget. Any unexpended funds will be returned to the
participating counties. On motion by the Count Judge, seconded
by Commissioner Cauley, the Court voted unanimously to
participate in LIRA Agreement, remit funds and authorized the
County Judge to execute the two documents. A copy is attached.
The Court next considered the reappointment of
individuals to serve on the Brazos County Bail Bond Board.
The term of the appointment is from January 1, 2009 through
December 31, 2010. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to reappoint the following individuals:
a. Commissioner Duane Peters, Commissioners Court
representative
b. Judge Jim Locke, County Court at Law #2, County
Courts representative.
The Court next considered adopting a Resolution relating
to approval of the Brazos County Health Facilities Development
Corporation Burleson St. Joseph Manor Revenue Refunding Bonds,
Series 2009. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to adopt the
Resolution. A copy is attached.
Vol I 19- Page 1 r"I
Commissioners Court meeting February 24, 2009 7
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Texas Veterans Land Board, payment in error
$64.23
b. Taylor Bean & Whitaker Mortgage, over payment
$1,099.77
c. Ameristar Title Co., over payment $421.64
d. Bobby A. & Robert Abeyta, Sr., over payment
$868.45
e. Aggieland Credit Union (2), over payment
$685.57, $153.27
f. Camwest Traditions LP (2), over payment
$18,635.83, $18,043.09
g. Palmos Russ McCullough Law Offices, over payment
$175.00
h. David M. Dansby, over payment $15.46
i. Motorcycles Plus LLC, over payment $12.21
j. Gay Beck, over payment $6.01
k. Elizabeth Archer, over payment $24.75
1. John R. C. & Meghan Robinson, over payment $488.25
m. Beatrice A. Sheff, over payment $17.89
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
bids. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to declare
the property as salvage and authorized its destruction or
other disposal. A list of the property is attached.
Vol 18 Page I(~
Commissioners Court meeting February 24, 2009 8
The Court next considered the request from Verizon
Communications to relocate approximately 5,135 feet of buried
communications cable in the right-of-way of Wickson Lake Road
to accommodate roadway improvements. The site is located in
Precinct 2. The County Engineer stated that all appeared to
be in order and recommended approval. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the request from Verizon
Communications and authorized the installation. A copy of the
request is attached hereto.
The next matter before the Court was consideration of a
payment authorization in the amount of $291.91 to West, Inc.
for online research by the Civil Division. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to approve the payment authorization.
The Court next considered a request from Mike McCleary,
Justice of the Peace, Precinct 1 for reimbursement of $379.00
for the purchase of a GPS system to aid him in his travels to
seminars and inquests. On motion by the County Judge,
seconded by Commissioner Peters, the Court voted unanimously
to approve the request for reimbursement.
The Court acknowledged receipt of the Investment Report
for the quarter ending December 31, 2008.
Vol g Page 1
Commissioners Court meeting February 24, 2009 9
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Peters
a) Trucks are parking in the lot across the
street from the Tax Office. The Court needs
to address the parking situation as that lot
is for county business. He suggested the
Court have a workshop to discuss the matter.
Eric Caldwell, Director of the Information
Technology Department
a) He would like an item placed on next week's
agenda dealing with fiber optics and BVC
net in reference to the office of Justice
of the Peace, Precinct 3.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) said there were 529 inmates in the county
jail, 36 are in the Anderson County Jail, 71
people are on electronic monitoring and 30
people are awaiting their monitors.
Demetrios Basdekas
a) Mr. Basdekas proceeded to challenge the
County Judge on alleged statements that were
made that he felt discredited him. Court
counsel warned the Court that Mr. Basdekas
statements were bordering on defamation of a
public official.
There were no Agency/Board/Committee reports by Court
members.
Vol t Page
Commissioners Court meeting February 24, 2009 10
There being no further business to come before the Court,
the meeting was adjourned.
Vol ( 1 $ Page _ ( I3
The foregoing minutes of the Commissioners Court meeting held
February 24, 2009 have been examined and are approved in open
Court this the day of mQrcl'- 2009, in Bryan,
Brazos County, Texas.
ZRandy S' s Lloyd W sermann
Count Judge Commissioner, Precinct 1
Duane Peters Kenny Mallar
Commissioner, Precinct 2 Commissioner, recinct 3
~arey au ey, Jr.
Commis ioner, Pre i t 4
Attest:
*eMcQueenn
erk
Vol L g Page
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BRAZOS COUNTY
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PAGE of?
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 21.1 thru 21.2
On this the 24`h day of February 2009 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 24 February 2009 the Court heard and approved a budget amendment for the
2008-2009 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 19 September 2008, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 24th day of February 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Rand ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
L.I ~ 19'7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 21.1
2/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 28002000 61130000 CR Contingency - General Fund 48,000.00
0100 28002000 71050000 DR Contract Inmate Housing 48,000.00
General Fund Contingency & Sheriff Office: Jail Division
To reallocate funds to allow for the housing of inmates out of county. This allows for approximately 30 days of inmate housing.
Depart a Appr I Date
Prepared By: ifj
Date: 2/19/2009
1/.2VCq
County J ge Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 21.2
2/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 13,167.00
0100 28002000 72540000 DR Physician Services 13,167.00
General Fund Contingency & Sheriff Office: Jail Division
To reallocate funds for the increase in the cost of services to be aid for physician services. The contract with Dr. Cherian was
renewed at higher than what was bud eted in fiscal year 2009. The renewed contract was approved b Commissioner's Court
on Feburyary 16, 2009 item 413.
Department Approv Date
Prepared By: i1j i
Date: 2/1912009
i
County 7 Approval Date
i
PERSONNEL 447
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 24, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Brazos Center Gallagher, Colby Budget Change
Constable Precinct 1 Mathis, Michael New Hire
Cell Phone Allowance
Juvenile Services Howell, Justin New Hire
Rosemond, Carolyn Add State Stipend
Williams, Willie New Hire
Tax Office Delery, Matthew J. Termination
Reed, Sarah C. Termination
Approved in Commissioners' Court: February 24, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
I I AIM ~J'
l
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
The Commissioners Court of Brazos County, Texas, convened at a
meeting of said Court at the Brazos County Administration Building in the
City of Bryan, Texas, on the 241h day of February, 2009, with the following
members present, to-wit:
Randy Sims, County Judge
Lloyd Wassermann Commissioner, Precinct No. 1
Duane Peters Commissioner, Precinct No. 2
Kenny Mallard Commissioner, Precinct No. 3
Carey Cauley Commissioner, Precinct No. 4
constituting a quorum, when among other business, the following was
transacted:
ORDER REGULATING FEE FOR NONCONSENT TOWS IN THE
UNINCORPORATED AREA OF BRAZOS COUNTY AND ESTABLISHING
PROCEDURES FOR REQUEST OF TOW STUDY IN REGARD TO SUCH
FEES
C~n~ i ~P~ Pfers made a motion that the order be
adopted. s~u~~lt 'c V✓r`~SYcncnn seconded the motion for adoption of the
order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
Judge Sims ✓
Comm. Wassermann ✓
Comm. Peters
Comm. Mallard
Comm. Cauley ✓
The County Judge thereupon announced that the motion had duly and
lawfully carried and that the order had been duly and lawfully adopted. The
order thus adopted follows:
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page I of 10
Order 09-003
RECITALS
1. The County has authority under Texas Occupations Code § 2308.202
to regulate the fee to be charged for nonconsent tows,' including not
only tows initiated by a law enforcement officer,2 but also non-
consent tows from private property.
2. Texas Occupations Code § 2308.204 provides that in an area in
which no political subdivision regulates the fees that may be
charged for nonconsent tows from private property, a towing
company may charge and collect a fee for the tow of a motor vehicle
from private property in an amount not to exceed an amount equal
to 150% of the ordinary law enforcement tow fee and 125% of the
heavy duty law enforcement tow fee.
3. In order to avoid the disparity of fees charged by towing companies
conducting tows in the unincorporated area of Brazos County, the
Commissioners Court desires to exercise its authority to regulate
the fees for all nonconsent tows.
4. Texas Occupations Code § 2308.203 requires the Commissioners
Court, if it exercises the authority to regulate all nonconsent tows, to
establish procedures by which a towing company may request that a
towing fee study be performed and to establish or amend the
allowable fees for nonconsent tows at amounts that represent the
fair value of the services of a towing company and are reasonably
related to any financial or accounting information provided to the
governing body.
1 See TEX. OCCUP. CODE ANN. § 2308.002(6).
2 Law enforcement officer includes a Brazos County Sheriff, a Brazos County Constable or their deputies and other
Peace Officers (See TEX. CODE OF CRIM. PROC. CHAPTER 2, ART. 2.12) commissioned by officers of Brazos County.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 2.gC10
~..Q p~ Order 09-003
NOW THEREFORE, BE IT ORDERED BY THE C0NMSSIONERS COURT
OF BRAZOS COUNTY, TEXAS, THAT:
Section 1. The recitals set forth in this order are true and correct.
Section 2. DEFINITIONS:
1. CONSENT TOW - means any tow of a motor vehicle initiated by the
owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle. The term does not include a tow of a
motor vehicle initiated by a peace officer investigating a traffic accident or
a traffic incident that involves the vehicle.
2. EVIDENTIARY CRIME SCENE - A crime scene in unincorporated Brazos
County that requires the response of a law enforcement agency's
specialized investigative unit(s).
3. HEAVY-DUTY TOW TRUCK - A Tow Truck having a chassis rated at
five (5) tons or greater by the vehicle manufacturer and a winch capable of
lifting a minimum of thirty thousand (30,000) pounds, as rated by the
winch manufacturer. Except where a distinction is specifically made, the
term "Tow Truck," as used herein, includes "Heavy-Duty Tow Truck."
4. LAW ENFORCEMENT OFFICER - A Brazos County Sheriff, a Brazos
County Constable, or their deputies, and any other Texas peace officer
authorized to perform law enforcement duties in Brazos County, Texas
TEX. CODE CRIM. PROC. ANN. § 2.12).
5. LAW ENFORCEMENT SCENE -The scene of a crime, accident, or
custodial arrest, or the location of a vehicle, which is a traffic hazard, a
recovered stolen vehicle, or an abandoned vehicle.
6. MOTOR VEHICLE -means a device in, on, or by which a person or
property may be transported on a public roadway. The term includes an
operable or inoperable automobile, truck, motorcycle, recreational vehicle,
or trailer but does not include a device moved by human power or used
exclusively on a stationary rail or track.
7. NON-CONSENT TOW - Any Tow initiated by a Law Enforcement Officer
and conducted at a Law Enforcement Scene or Evidentiary Crime Scene in
unincorporated areas of Brazos County.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page of 10
I. I (T C~ Order 09-003
8. OPERATE - To drive or otherwise be in physical control of a Motor
Vehicle.
9. OPERATOR - Any person operating a Tow Truck, regardless of whether
the person owns the vehicle.
10.PUBLIC ROAD - means a public street, alley, road, right-of-way, or other
public way, including paved and unpaved portions of the right-of-way.
11. TOW - The recovery and movement of a Motor Vehicle using a Tow Truck.
12.TOWING COMPANY - means an individual, association, corporation, or
other legal entity that controls, operates, or directs the operation of one or
more tow trucks over a public roadway in this state but does not include a
political subdivision of the state.
13.TOW TRUCK - means a motor vehicle, including a wrecker, equipped
with a mechanical device used to tow, recover, winch, or otherwise move
another motor vehicle.
14."VEHICLE OWNER" means a person:
(A) named as the purchaser or transferee in the certificate of title issued
for the vehicle under Chapter 501, Transportation Code;
(B) in whose name the vehicle is registered under Chapter 502,
transportation Code, or a member of the person's immediate family;
(C) who holds the vehicle through a lease agreement;
(D) who is an unrecorded lienholder entitled to possess the vehicle under
the terms of a chattel mortgage; or
(E) who is a lienholder holding an affidavit of repossession and entitled to
repossess the vehicle.
15.VEHICLE STORAGE FACILITY - means a vehicle storage facility, as
defined by Section 2303.002, that is operated by a person who holds a
license issued under Chapter 2303 to operate the facility.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
II
l ,-I c) 4 Order 09-003
10
Section 3. FEES AND CHARGES GENERALLY.
1. All fees and maximum allowable charges relating to the Non-Consent
Towing of Motor Vehicles and the issuance of any permits and ID Cards
shall be determined by Commissioners' Court. An initial schedule of
maximum allowable Towing fees is included herein. These maximum
allowable fees shall remain in effect from the effective date hereof until
changed by Commissioners' Court. Fees and maximum allowable
charges set out in herein may be changed at any time and from time-to-
time by Commissioners' Court, as it deems appropriate. The fees and
charges listed herein shall be approved or amended by Commissioners'
Court in the manner authorized by law for the taking of official action
by a political subdivision.
2. Allowable charges set out in herein are "maximum" allowable fees;
Towing Companies may charge for Non-Consent Towing services fees
at or below maximum allowable amounts.
3. All maximum allowable fees set out by Commissioners' Court in this
Order have been determined to provide fair remuneration to owners
and Operators of Tow Trucks performing services related to Non-
Consent Towing following study and research by the County and its
assessment of current Towing fees in Brazos County, analysis of
citizens complaints, consideration of the urban/rural locality,
consideration of the median income of the population in Brazos County,
and research and comparison of fees regulated by other neighboring or
representative jurisdictions. In addition, maximum allowable charges
set out have been determined to compensate for all functions, duties
and equipment necessary for the performance of Non-Consent Towing
services.
4. It is a violation of this Order for any tow truck operator or tow truck
company to charge any fee for non-consent towing services not actually
performed.
5. This Order does not regulate or set fees for salvage of cargo spilled from
large rigs or trailers. Services for such salvage services may be
negotiated by and between the tow truck operator recovering the cargo
and the motor vehicle owner.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 5 of 10
Uw. ^ ~ Order 09-003
6. Fees for non-consent towing services apply to movement of a vehicle
from a law enforcement scene to an eligible vehicle storage facility, or
other location designated by the vehicle owner and agreed to by the
tow truck operator. Once the vehicle is claimed by the vehicle owner,
necessary towing from the vehicle storage facility to another location
shall be performed through consent towing services; and, therefore,
maximum towing fees set forth herein do not apply to movement
beyond the initial location. Moreover, a vehicle owner shall not be
charged for non-consent towing of a vehicle transported from the initial
vehicle storage facility to another, except where the movement is
requested or approved by the vehicle owner. Further, no credit card
convenience fees may be assessed in situations involving a non-
consent tow from a location directly to a vehicle storage facility.
Section 4. ALAXMIUM ALLOWABLE FEES BASIC TOW.
IT IS ORDERED that the rate for a tow of a vehicle originating in the
unincorporated area of Brazos County, when such tow is not initiated by the
owner of the vehicle, or by a person who has possession, custody, or control of
the vehicle, shall be $175.00 regardless of time used to tow a vehicle,
provided that the tow is not subject to the tow rate provided for in Section 5
of this order. This amount includes compensation for all equipment and
services associated with a basic towing service, including but not limited to
mileage, recovery, hooking up, winching, loading, towing, debris clean-up,
wait time, weather conditions and rollover.
Section 5. MAXIMUM ALLOWEABLE FEE HEAVY DUTY TOW.
IT IS FURTHER ORDERED that the rate for a tow of a vehicle originating in
the unincorporated area of Brazos County, when such tow is not initiated by
the owner of the vehicle, or by a person who has possession, custody, or
control of the vehicle, shall be $436.00 for up to two hours of such tow, plus
$218.00 for each additional hour or part thereof, if such tow requires and is
performed by a tow truck having a chassis rated as 5 tons or greater by the
vehicle manufacturer and a winch capable of lifting a minimum of 30,000
pounds as rated by the winch manufacturer. The rate shall commence upon
the tow truck and tow truck operator's arrival on location. This amount
includes compensation for all equipment and services associated with the
heavy duty towing service, including but not limited to mileage, recovery,
hooking up, winching, loading, towing, debris clean-up, wait time, weather
conditions and rollover.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 6 of 10
Order 09-003
Section 6. APPLICATION TO UNINCORPORATED AREA OF BRAZOS
COUNTY.
IT IS FURTHER ORDERED that the fees for non-consent tows set by this
order shall apply to tows initiated by law enforcement officers originating in
the unincorporated areas of the County.
Section 7. TOWING FEE STUDIES.
IT IS FURTHER ORDERED that towing rate studies are to be conducted no
more than once every four years in response to a request by the industry
representatives of businesses that have performed nonconsent tows within
the unincorporated areas of the County within the previous year, which may
include individuals, partnerships, corporations, or any other association that
is engaged in the business of towing motor vehicles from locations in the
unincorporated areas of the County without the consent of their owners or
operators for compensation or with the expectation of compensation. The
industry's written request must be co-signed by at least 5% of the Towing
Companies that are registered with the Sheriff's Office (or with the entity or
jurisdiction to which the Sheriff may delegate registration) for law
enforcement tows and who collectively own and operate at least 10% of the
total number of tow trucks permitted or authorized to perform law
enforcement tows at the direction of County law enforcement officers.
Notwithstanding the above, the County can decide to undertake a rate study
at any time it deems necessary, without an industry request. As part of
future rate studies, the County's Office of Budget Management (OBM) will
send out survey forms to towing businesses from which OBM has received
written requests to receive such forms and to other industry representatives
as OBM determines might have useful information. In order for the County
to perform a rate study that accurately reflects the competitive marketplace
and complete the rate study in a timely manner, towing companies should
provide to OBM, within 30 days of request, copies of their actual financial
statements (Income Statement, Balance Sheet, etc.) for the most recent three
years along with detailed operating statistics that would support the
financial information. A respondent's submitted data should reflect
information for their towing as well as non-towing businesses, if any.
The data requested above would permit OBM to synthesize local industry
operating cost trends such that allocation of costs to police authorized tows
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 7 of 10
Z7 Order 09-003
can be adequately analyzed. In order to develop appropriate towing cost
averages in Brazos County, sufficient number of companies should be willing
to provide their data. Therefore, if the responses with good quality data (as
determined by the County in its sole discretion) are not timely received from
at least 15% of the total number of surveys sent by OBM, and if the responses
represent less than 20% of the actual number of operating tow trucks
registered with the Sheriff (or to the entity or jurisdiction to which the Sheriff
may delegate registration) to perform law enforcement tows, the County, at
its sole discretion, may decide not to undertake the study and/or update the
tow fees and/or related fees. The County shall not be required to consider a
subsequent rate adjustment request made within one year from the date the
County makes such decision to not undertake the rate study.
Employees and officials of Brazos County are cognizant that the data
required for assessing and changing tow rate schedules are sensitive in both
operational and competitive ways. County employees are to take prudent
steps necessary and practical to ensure that all analyses completed and
included in reports will utilize only combined figures (such as average or
median numbers) and that none of the provided figures will be linked to a
single company or division of a company.
At such times as the City of Bryan or the City of College Station modifies
maximum tow fees applicable in its jurisdiction based upon tow studies or
based upon consumer price indices, OBM is directed at such times to review,
to the extent available, the information that either city used to make its
determination along with such other relevant information as OBM may wish
to consider, and then present an analysis of such information to this Court for
a determination by this Court whether such information justifies a
modification to the fees applicable to the unincorporated area of the County.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 10
i C r)~ Order 09-003
Section 8. NO PRE-EMPTION OF STATE OR FEDERAL LAW.
It is not intended, and no provision of this order should be so construed, to
contravene any applicable law or to pre-empt any federal statute.
Notwithstanding the use of terminology that might be construed to include
matters not within the legal scope of this Order, it is intended that such
terms be construed as limited to such legal scope. To the extent that any part
or any provision in this Order might otherwise be construed as invalid,
illegal, or unenforceable in any respect, it should be construed as being
limited in its scope and application to only those circumstances to which it
can legally apply. To the extent that any provision or part of this order is
still found to be invalid, illegal or unenforceable in any respect, it shall not
affect any other provision.
Section 9. ENFORCEMENT.
Operators, owners, and companies shall not charge any fees for law
enforcement tows and storage of vehicles towed without consent and subject
to this Order other than those fees provided under this Order. A person
commits an offense if the person violates any provision of this Order. An
offense under this Order is a misdemeanor punishable by a fine of not less
than two hundred dollars ($200.00) or more than one thousand dollars
($1,000.00) per violation. TEX. OCCUP. CODE ANN. §2308.505. A law
enforcement officer may issue a citation for any violation.
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Page 9 of 10
~j Order 09-003
I Q- 0,10
Section 10. EFFECTIVE DATE.
IT IS FURTHER ORDERED THAT this Order shall be effective upon
approval.
Zzi
Randy S s, Brazos County Judge
"uA- - -
Lloyd Wassermann, Comm. Pct 1 Duane Peters, Comm. Pct 2
ab=inec-
c ~L~ ~ / Z(\
Kenny Mallard, Comm. Pct 3 Carey Ca Y, Comm. Pc
ATTEST=
Karen McQueen
Brazos County Clerk
Order Regulating Fee for Nonconsent Tows In Unincorporated Area of Brazos County
Pill-q-, ge I[10
Order 09-003
IJ6
STATE OF TEXAS
COUNTY OF Brazos County
CONTRACT FOR FOSTER CARE SERVICES
This agreement entered into by and between Brazos County, on behalf of the Brazos
County Juvenile Services Department, (hereinafter "Probation Department"), and Homes 4
Good, (hereinafter "Home").
I. THAT IN CONSIDERATION OF THE PROMISE TO:
1. Accept, perform and complete in contract with the Probation Department and in
accordance with the program known as Foster Care, hereinafter called the Program,
subject to and pursuant to the terms and conditions of the guidelines submitted by the
Probation Department. All rules, regulations, and guidelines pertinent and applicable
thereto, and further subject to all terms and conditions of this agreement;
2. To provide for the food, shelter, care and control of youth placed in the Home by
Disposition Order of the Juvenile Court or Conditions of Release by the Juvenile Court.
3. Account for all program funds received in cash, whether paid with state or matching
funds.
4. Maintain and make available for inspection, audit, or reproduction, by any authorized
representative of the Brazos County Auditor and State of Texas, books, documents and
other evidence pertaining to the cost and expense of this placement.
II. CONTRACT PERIOD:
The term of this Agreement is for 12 months, commencing October 1, 2008 -September
30, 2009. It shall be automatically renewed for one year terms thereafter, commencing
October ls` and ending September 30`h, unless one party notifies the other in writing, at
least thirty (30) days prior to the expiration of said term, of its intention to not renew this
Agreement.
III. THE BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT DOES
HEREBY AGREE TO:
1. Delegate to the Home the authority and duties for services rendered in the application;
2. For and in consideration of the above-mentioned services, Juvenile Probation agrees to
pay Homes 4 Good not more than the per diem rates based upon the Level of Care
provided, in accordance with schedule of rates set by the Texas Health and Human
Services Commission as currently effective or subsequently amended. Those rates as
currently effective are as set forth in Exhibit A, attached hereto and incorporated herein.
3. Level of care requirements. (Basic Care would include children that need structure,
educational support, a higher level of supervision and the development of normalized
~tU L
social skills) (Moderate and Specialized Care would be children that have physical,
mental and emotional needs and behaviors that present more of a challenge. These
children need physical environments and treatment programs in which most activities are
therapeutically designed to improve social, emotional and educational adaptive behavior.
These children may require psychological or psychiatric services which are integrated
into the foster home to assess and monitor any type of treatment plans).
4 Receive from the Home a report of services rendered for each month or portions
of a month, on cost per day for each child.
5 Each billing shall contain the Personal Identification Number (PID) of the Juvenile(s)
for whom payment is being requested along with the number of Days (stated
consecutively) for which payment is requested. Billing should begin no earlier than the
Court ordered day of Disposition or Court Conditions of Release into the program to
the end of the month and the first day of the month through the last day of the month
thereafter. Payment will be made in the form of a check issued by the Brazos County
Treasurer's Office no later than 30 days from receipt of original billing. Brazos
County will not accept copies or faxed invoices. The original invoice is required for
payment. No special exceptions will be made. Please do not call for status of
payment unless past the 30 day time period.
IV. HOMES FOR GOOD DOES HEREBYAGREE TO:
1. Homes 4 Good understands and agrees that clothing, medical, dental and other personal
expenses of the juvenile that occur while in foster care will be ordered paid for by the
parent/guardian of the child. The Homes 4 Good Foster Parents will be able to apply for
Medicaid for a child Juvenile Services places in their home without using any of the
Foster Parent Income to insure the child is eligible. This requires the completion of a
short form to be returned to The Health and Human Services Commission in Bryan,
Texas. (Contact person for questions about Medicaid coverage is Sharon Maass (979)
776-7457). As with any placement requirement, the child will have a physical exam and
dental exam provided by Brazos County before being placed in foster care. (If medical or
dental care is needed after being placed in foster care, the parent of the child or Medicaid
will cover. The foster parents will inform the probation officer when the child needs care)
2. The Foster Parents understand and agree that the Probation Officer will be allowed to
visit the juvenile in their home and they will also report to the probation department for
visits with the probation officer. (Note: If a juvenile leaves the foster home without
permission (runaway) the foster parent is to call the police and report them as a runaway
then call and let the probation officer know. If this is after hours the foster family will
then call and leave a voice mail message for the proper supervising officer, this can be
done by calling detention or the officers direct line. In case of a mental health issue the
foster parent will carry the child to the emergency room and notify MHMR and also
notify the probation officer in the same manner.) When a Foster parent wants to travel out
of the state with a juvenile in foster care they will need the probation officer to provide a
travel permit for this travel. The travel permit will need to be requested 7 days in
advance of traveling.
3. The Brazos County Juvenile Services will set up supervised visits with the
Parent/guardian if necessary; these visits will occur at the probation department. This
will be set out in the court order before the juvenile is placed in foster care. Juveniles may
`10 2
also be allowed to go home for holidays or visits if approved by the probation officer and
the court. The foster parents or Juvenile Services will provide transportation to and from
the visits; parents or family members of the juvenile will not go to foster home.
4. Homes 4 Good agrees to report to the Brazos County Juvenile Services any allegation of
abuse, neglect or exploitation made by youth placed in their Foster homes by Juvenile
Services. This must be reported to Juvenile Services as soon as Homes 4 Good is
notified, if after hours call and leave a voice mail message for proper supervising officer.
5. All notices to the Brazos County Juvenile Services Department shall be sent by
certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the
Executive Director, Douglas Vance. Further each notice will be sent by certified or
registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to
the Office of the County Judge, Randy Sims.
V. TERMINATION
1. Termination for cause shall be based upon contingencies as follows:
(a) If the Home fails to perform the services called for in this contract within the
specified term herein or extension thereof; or
(b) If the Home fails to perform any other provisions of this contract, or so fails to
perform the services as to endanger performance of this contract in accordance
with its terms, and in either of these two circumstances does not correct such failure
within a period of 10 days (or such extensions as authorized by the Probation
Department in writing), after receiving notice of default.
(c) The decision of the termination of the Probation Department shall be final and
conclusive unless within 60 days from the date of receipt of a written copy of the
decision the Home makes or otherwise furnishes to the Probation Department a
written appeal addressed to the Brazos County Juvenile Board. The decision of the
Juvenile Board shall be final and conclusive absent a showing of fraud, caprice
arbitrariness or gross error implying bad faith in which case suit may be brought in
some court of competent jurisdiction.
2. In the event of the failure of the Home and the Probation Department to agree as
provided under paragraph IV 2, the Probation Department shall pay to the Home the
amounts for completed services not yet paid for.
3. This Agreement may be terminated:
A. By either party upon thirty (30) days written notice to the other party of the intention
to terminate; or
B. Upon expenditure of available funds.
VI. WAIVER OF SUBROGATION,
Each party expressly waives any and all rights it may have of subrogation to any claims or rights
of its employees, agents, owners, officers, or subcontractors against the other party.
VII. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained therein.
VIII. CONSTRUCTION
This Agreement shall be construed in accordance with the laws of the State of Texas.
IX. OFFICIALS NOT TO BE BENEFITED
No officer, member or employee of Texas Juvenile Probation Commission and no Member
of the governing body of the locality or localities in which the program is situated or being
carried out who exercised any functions or responsibilities in the review or approval of the
undertaking or carrying out of the project, shall participate in any decision relating to this contract
which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in
this contract or the proceeds thereof.
X. MINORITIES
The probation department will not discriminate against any application for Foster Care because of
race, color, religion, sex or national origin. The Home, by the same token, must ensure that
placements considered for their home may not be refused acceptance therein, because of race,
color, religion, sex, or national origin, unless professional evaluations indicate certain and explicit
conditions exist for special placements.
XI. ASSIGNMENT & SUBCONTRACT
Home may not assign nor subcontract any of its rights, duties and/or obligations arising out of
this Agreement without the prior written consent of Brazos County.
XII. INDEMNIFICATION
It is further agreed that Home will indemnify and hold harmless Brazos County and Juvenile
Services against any and all negligence, liability, loss, costs, claims, or expenses arising out of
wrongful and negligent act(s) of commission or omission of Home, its agents, servants, or
employees arising from activities under this Agreement. Home shall have no obligation to
indemnify and hold harmless Brazos County and Juvenile Services for any act(s) of commission
or omission of Brazos County's and Juvenile Services' agents, servants, or employees arising
from or related to this Agreement for which a claim or other action is made.
i19 C* 4
XIII. GOVERNMENTAL IMMUNITY
The parties expressly agree that no provision of this Agreement is in any way intended to
constitute a waiver or any immunities from suit or from liability that Brazos County and its
agencies has by operation of law. Nothing in this Agreement is intended to benefit any third
party beneficiary.
BRAZOSCOUNTY TEXAS
Randy Sims ounty Judge and Date
Brazos C my Juvenile Board Chair
411~-k I.," a . ' )3-0
oug Vance, xecutive Director Date
Brazos County Juvenile Services
Attest:
Z - ZLI -O`7
Karen McQueen Date
Brazos County Clerk
SERVICE AGENCY
Date
Printed Name of Person Signing this form
EXHIBIT A
BASIC LEVEL $38.59
MODERATE LEVEL $87.99
SPECIALIZED LEVEL $126.49
INTENSE LEVEL $222.19
EMERGENCY SHELTER $106.22
AGREEMENT
for
ENGINEERING SERVICES
and/or
CONSTRUCTION MATERIALS TESTING
January 1, 2009
by and between
ENGINEER:
TERRACON CONSULTANTS, INC.
6198 Imperial Loop
College Station, Texas 77845
-and-
CLIENT: Brazos County of Texas
200 S. Texas Ave., Suite 332
Bryan, Texas 77803
-for services rendered in association with-
PROJECT: Various Projects for 2009
OWNER: Brazos County of Texas
Engineering Services and/or Construction Materials Testing Agreement
THIS AGREEMENT (hereinafter called "AGREEMENT") is effective as of January 1, 2009 by
and between Brazos County of Texas (hereinafter called "CLIENT") and Terracon Consultants,
Inc., a corporation organized under the laws of the State of Delaware with offices located at
6198 Imperial Loop, College Station, Texas 77845 (hereinafter called "ENGINEER").
ENGINEER and CLIENT hereby agree as follows with respect to Engineering Services to be
performed by ENGINEER:
1.0 ENGINEERING SERVICES
1.1 ENGINEER shall act for Client in a professional manner, using that degree of care and
skill ordinarily exercised by and consistent with the standards of competent engineers
practicing in the same or similar locality of the PROJECT site.
1.2 Engineer shall provide services that, in the opinion of the ENGINEER, lie within the
technical or professional areas of expertise of ENGINEER and which ENGINEER is
adequately staffed and equipped to perform.
1.3 ENGINEER shall perform all technical services under the general direction of a
Registered Professional Engineer and in a substantial accordance with the basic
requirements of the appropriate Standards of the American Society for Testing and
Materials, where applicable, The Texas Engineering Practices Act, or other standards
designated by ENGINEER.
1.4 ENGINEER shall consider all reports the confidential property of CLIENT, and distribute
reports only to those persons, organizations or agencies specifically designated in
writing by CLIENT or his authorized representative.
1.5 ENGINEER shall retain samples of soil or rock for a period of sixty (60) days following
submission of the report, unless requested otherwise by CLIENT, after which time,
samples will be discarded. ENGINEER shall discard concrete cylinders after testing
unless requested otherwise by CLIENT.
1.6 ENGINEER shall retain all pertinent records relating to the services performed for a
period of ten years following submission of a report, during which period the records will
be made available to CLIENT at reasonable times. Duplicates shall be made at
reasonable fees.
1.7 A written definition of the Services (Exhibit A) to be performed by ENGINEER is
incorporated in this AGREEMENT.
2.0 CLIENT RESPONSIBILITIES
2.1 CLIENT shall provide ENGINEER full information regarding the structure(s) to be
contemplated on the PROJECT including location and elevation of structure(s) on the
PROJECT site, locations of existing underground utilities on the PROJECT site,
magnitudes and configurations of loads, permissible settlements, planned cuts and fill,
proximity of adjacent structures, and design loadings for paving areas and railways, and
other information required for the proper performance of ENGINEER.
] 2 p
2.2 CLIENT shall furnish right of entry into the PROJECT site for ENGINEER to make the
necessary field studies. ENGINEER will endeavor to minimize damage to the land but
makes no guarantee to restore the site to its original conditions unless a separate
Agreement is made for such restoration, in which case ENGINEER shall add the cost of
restoration to the fee for the PROJECT.
2.3 CLIENT shall designate in writing those persons, organizations or agencies to be
contacted in the event conditions are revealed during execution of ENGINEER's study or
testing that would require possible alteration of the study or would potentially influence
design that is proceeding in parallel with the study.
2.4 In the absence of an express designation from the CLIENT to the contrary, services
requested by CLIENT's employee will be deemed as requested by CLIENT.
3.0 GENERAL CONDITIONS
3.1 ENGINEER, by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibilities or authorities with
regard to the PROJECT customarily vested in the PROJECT architects, design
engineers, or any other design agencies or authorities.
3.2 ENGINEER shall not be responsible or liable for errors, omissions or deficiencies of any
other party(s) involved in the design of the PROJECT, or the failure of any architect,
design engineer, contractor, subcontractor or any other design agency or authority to
design and/or construct any aspect of the PROJECT in accordance with
recommendations contained in any correspondence or verbal recommendation issued
by ENGINEER.
3.3 This Agreement may be terminated by either party on receipt of written notice or by
mutual agreement. If this Agreement is terminated by either party, ENGINEER shall be
immediately paid in full for all services performed through the termination date, and the
CLIENT shall be provided with a complete report of the results of tests and analysis
conducted prior to termination.
3.4 Neither CLIENT nor ENGINEER may delegate, assign, sublet or transfer his duties or
interest in this Agreement without the written consent of the other party.
3.5 The only warranty made by ENGINEER in connection with its services performed
hereunder is that it will use that degree of care and skill as set forth in Article 1.1 above.
No other warranty, expressed or implied, is made or intended for services provided
hereunder or furnishing oral or written reports of findings made.
3.6 In the event that CLIENT issues its Standard Purchase Order for engineering services,
which shall be prepared and executed for each specified Project assignment requested
by CLIENT, the terms and conditions of this AGREEMENT shall be incorporated as
terms and conditions of the CLIENT's Standard Purchase Agreement unless expressly
noted to the contrary.
3.7 CLIENT may make changes in the Services of the ENGINEER by notifying the
ENGINEER to perform additional Services or to omit part(s) of the Services.
ENGINEER reserves the right not to comply with CLIENT directed changes in the event
such changes are contradictory to the basic requirements of the Texas Engineering
Practices Act or appropriate Standards of the American Society for Testing and
3
Materials, where applicable, or other standards designated by ENGINEER. The
provisions of this Agreement shall apply to such additions and omissions.
4.0 INSURANCE
4.1 ENGINEER shall secure and maintain throughout the full period of this Agreement
sufficient insurance to protect it adequately from claims under applicable Workmen's
Compensation Acts and from claims for bodily injury, death or property damage as may
arise from the performance of services under this Agreement. ENGINEER will, upon
request, file certification of such insurance coverage with CLEINT or his authorized
representative.
4.2 No insurance of whatever kind or type which may be carried by ENGINEER, is to be
considered as in any way limiting the architect, design engineer, contractor,
subcontractor or any other design agency or authority's responsibility for damages
resulting from its operations or for furnishing work and materials to the PROJECT.
CLIENT agrees therefore, to include or cause to be included in the PROJECT's design
and construction contracts, such requirements for insurance coverage and performance
bonds to be secured and maintained by the PROJECT's designers and contractors as
CLIENT deems adequate to indemnify CLIENT, LABORATORY, and other concerned
parties, against claims for damages and to insure compliance of work performance and
materials with PROJECT requirements.
4.3 Worker's Compensation ($500,000 per incident limit), Comprehensive General Liability
($1,000,000 limit per occurrence), and Comprehensive Automobile Liability ($1,000,000
combined single limit, per accident), Insurance coverage(s) will be provided. Any
additional insurance requirements will be negotiated and reimbursed to ENGINEER.
4.4 ENGINEER agrees to indemnify and save harmless CLIENT, its agents and employees
from and against all loss or expense (including court costs and attorneys fees) for
personal injury including death at any time resulting therefrom sustained by any person
or persons or on account of damage to property (other than property of CLIENT or
construction work in progress, for which CLIENT assumes responsibility) if and to the
extent arising out of the negligence of ENGINEER. The parties hereby waive and shall
require their insurers to waive subrogation against the other under any applicable
policies of insurance.
5.0 PAYMENT
5.1 CLIENT will pay ENGINEER for services and expenses in accordance with the attached
fee schedule (Exhibit B). ENGINEER's invoices will be presented monthly and will be
paid by CLIENT within thirty (30) days of receipt by CLIENT or his authorized
representative.
5.2 ENGINEER shall be paid in full for all services under the Agreement, including any
overruns of CLIENT's contract or any unforeseen need for ENGINEER's services
exceeding original contract requirement. CLIENT shall make payment for such services
irrespective of any claim for compensation for additional work conducted. Any such
claim shall in no respect delay payment of fees for services performed by ENGINEER.
6.0 EXTENT OF AGREEMENT
6.1 This Agreement, including these terms and conditions, represents the entire agreement
between CLIENT and ENGINEER and supersedes all prior negotiations, representations
or agreements, written or oral. The Agreement may be amended only by written
instrument signed by CLIENT and ENGINEER.
7.0 APPLICABLE LAW
7.1 This Agreement shall be governed by the laws of the State of Texas. Any disputes that
arise from this Agreement shall be resolved in Brazos County, Texas.
8.0 WARRANTY
8.1 ENGINEER shall perform its Services hereunder on a professional effort basis,
consistent with generally accepted industry standards, or in the absence of generally
accepted industry standards, consistent with reasonable engineering practice.
ENGINEER's liability in the event of defect, error, omission, or failure (collectively called
"defect") in any of Engineer's Services under this AGREEMENT shall be limited to
defects to the extent arising out of its sole negligence and further limited to the correction
of defects in ENGINEER's original Services, by ENGINEER reperforming the defective
portion of the Services without additional costs to the CLIENT, provided Engineer is
notified by Client in writing of such defect within one (1) year after completion of
ENGINEER's Services or completion of project under this AGREEMENT, and such
notice specifically includes a request for reperformance.
8.2 ENGINEER's work product (including, but not limited to, a geotechnical report or
"REPORT") pertains solely to the PROJECT for which it is prepared. Such REPORT is
based upon the geotechnical investigation of the particular site for the PROJECT, and its
findings and recommendations may not be generally or specifically applied to any other
project.
9.0 INDEMNITY
9.1 Should the REPORT be used in conjunction with any project other than the PROJECT at
issue in this Agreement, CLIENT shall defend, indemnify and hold harmless ENGINEER
from and against any claims, demands, suits, causes of action, losses, damages,
liabilities, fines, penalties and costs (including attorneys' fees, costs of litigation and
investigation and other costs associated therewith) arising in any way from such use of
the REPORT.
9.2 Should CLIENT or OWNER (or any agent or subcontractor of either) fail to follow
ENGINEER's written plans and/or recommendations regarding any aspect of the
PROJECT (including, but not limited to, a geotechnical report or "REPORT"), CLIENT
shall defend, indemnify and hold harmless ENGINEER from and against any claims,
demands, suits, causes of action, losses, damages, liabilities, fines, penalties and costs
(including attorneys' fees, costs of litigation and investigation and other costs associated
5
Y 1 M
therewith) arising in any way from the PROJECT or from any services provided by
ENGINEER in connection with the PROJECT.
10.0 LIMITATIONS
10.1 Liabilities, obligations, warranties, and remedies of the parties are exclusively those
expressly set forth in this AGREEMENT and in lieu of any others available at law or
otherwise. No other liabilities, obligations, or warranties are either expressed or implied.
Releases from liability and limitations of liability set forth in this AGREEMENT shall apply
notwithstanding the fault, negligence, or strict liability of the party released or whose
liability is limited, and shall extend to the directors, officers employees, partners agents,
and affiliated companies of such party.
11.0 INDEPENDENT CONTRACTOR
11.1 In the performance of Services hereunder, ENGINEER shall act as an independent
contractor, maintaining full and complete control over its employees.
12.0 FORCE MAJEURE
12.1 Neither CLIENT nor ENGINEER, including ENGINEER's subcontractors, if any, shall be
liable for any delay in or failure of performance hereunder due to labor disputes, fires,
accidents, acts of God or nature, or any other cause beyond the reasonable control of
such party whether listed herein or not. Events of force majeure shall extend the
payment schedule set forth in the Proposal by a time period equal to the time of the
delay.
13.0 NOTICES
13.1 Any notice required or permitted to be given hereunder shall be given in writing to the
other party either personally or by certified mail, return receipt required, facsimile, or by a
recognized overnight courier (e.g., Federal Express), addressed as indicated on the
cover page of this Agreement.
13.2 Any notices sent by mail shall be effective upon receipt. Each party shall notify the other
of any change of address in writing in the manner stated above.
14.0 TERM OF AGREEMENT
14.1 This Agreement will remain in effect for Services provided through December 31, 2009.
After that date, this Agreement will be subject to review and as a result of this review
may be modified or revised with the mutual consent of both parties.
14.2 Should either party breach any provision of this Agreement (including, but not limited to,
any indemnity provision), the party not in breach shall recover from the breaching party
all reasonable and direct attorney fees, costs and expenses arising from such breach.
Both parties hereby waive the thirty (30) day notice requirement set forth in Chapter 38
of the Texas Civil Practice and Remedies Code.
15.0 TAX EXEMPT STATUS
As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax
exemption certification will be furnished upon request.
16.0 LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the
authority of Brazos County to enter into certain terms and conditions of the agreement,
including, but not limited to, authorizations of the placement of liens on Brazos County
property; disclaimers and limitations of warranties; disclaimers and limitations of liability
for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements
and processes; limitations of periods to bring legal action; granting control of litigation or
settlement to another party; liability for acts or omissions of third parties; payment of
attorneys' fees; dispute resolution.; indemnities; and confidentiality (collectively, the
"Limitations"). Any Agreement terms and conditions related to the Limitations will not be
binding on Brazos County except to the extent authorized by the laws and Constitution
of the State of Texas.
17.0 SOVEREIGN IMMUNITY
This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title
5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state
law. The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability that Brazos
County has by operation of law. Nothing in this Agreement is intended to benefit any
third party beneficiary.
18.0 INAPPLICABLE PROVISIONS
None of the following provisions, if they appear in the Agreement, shall have any effect
or be enforceable against Brazos County: (i) requiring Brazos County to maintain any
type of insurance either for Brazos County's benefit or for Engineer's benefit; and (ii)
limiting contractual or tort liability to Brazos County or (iii) binding Brazos County to any
arbitration, to the decision of any arbitration board, commission, panel or other entity, or
to any other alternative dispute resolution other than is provided herein.
19.0 LOSS OF FUNDING
Performance by Brazos County under the Agreement may be dependent upon the
appropriation and availability of public funds. If the necessary funds become unavailable
then Brazos County will issue written notice to Engineer and Brazos County may
terminate the Agreement without further duty or obligation hereunder. Engineer
acknowledges that appropriation of funds is beyond the control of Brazos County.
20.0 SEVERABILITY
In the event that a court finds any provision of this Agreement invalid and / or
unenforceable, both parties agree the remaining provisions shall remain valid and in
force.
7
21.0 TERM AND TERMINATION
This agreement is effective immediately after signature by both ENGINEER and Brazos
County.
IN WITNESS WHEREOF, CLIENT AND ENGINEER have caused this AGREEMENT to be
executed by their duly authorized officers.
Brazos County of Te as Terracon Consultants, Inc.
By: By:
Peter E. Falletta, P.E.
Title: tc~ Title: Office Manager
Date: ~kfi Date:_ February 13, 2009
EXHIBIT A
Irerracon
Typical Scope of Services for Construction Materials
Observation and Testing
The proposed scope of services provided by Terracon Consultants, Inc. (Terracon) is described below.
The purpose of these services is to observe various components of the construction and conduct
specific tests to determine whether or not the materials and construction comply with the project
requirements. These services are designed to provide a level of quality assurance (QA) for the client
and are not intended to replace quality control tests and procedures required by the contractors and their
suppliers.
Terracon requires a complete set of construction plans and specifications approved for construction and
any addenda or revisions approved during the construction process that would affect the construction
related to the requested QA services. The Terracon scope of services may not meet all of the project
requirements for construction observation and testing if the client retains Terracon to provide a lesser
extent of services. The contractor has the responsibility to be familiarwith the project requirements and
to contact Terracon a minimum of 24 hours (one business day) prior to the time our services will be
required. We can not be responsible for providing specified services if the client does not authorize
Terracon to provide the services or if the contractor does not provide adequate notification for our
scheduling purposes.
Terracon will provide construction observations and testing services requested by the client as described
in our "Scope of Services" in general accordance with the normal standard of care. Our scope of
services does not include any design, design review, construction safety, trench safety, construction
supervision, or construction management services. Terracon personnel do not have the responsibility or
authority to stop the contractor's work, or to accept or reject any construction materials or workmanship,
even if they do not comply with the project requirements.
A brief summary of scope of services that Terracon typically provides is shown below.
1. Earthwork - This item refers to placement and compaction of fill within the building limits, structural
retaining walls, etc. The Terracon scope of services includes sampling and testing of soils, periodic
observation of earthwork operations, and moisture and density testing of subgrade and compacted
fills.
2. Concrete - This item refers to structural concrete for the building foundation, columns, footings,
slabs, tilt-walls, retaining walls, etc. The Terracon scope of services includes monitoring of
concrete during placement for structural elements, sampling concrete, and conducting slump and
concrete compressive strength tests. Terracon personnel do not have the authority to accept or
reject concrete even if it does not comply with the project specifications. The contractor has the
responsibility to reject concrete that does not comply with the specifications or is unsuitable for use.
3. Bolts Installed in Concrete - This item refers to anchor bolts for columns, walls, etc. The
Terracon scope of services includes verification of bolt diameter, length, shape, and embedment in
concrete. The contractor has the responsibility to schedule this observation prior to placement of
concrete. In those cases where anchor bolts are drilled and epoxied into existing concrete
foundations, Terracon should be contacted to be present during installation of the bolts in order to
verify the bolt hole size, depth, and cleanliness as well as the application of epoxy and installation
a .5
of bolts.
4. Reinforcing Steel and Pre-Stressing Steel - This item refers to both rebar and post-tensioning
tendons. The Terracon scope of services includes verification of the reinforcing steel size, spacing,
and configuration prior to concrete placement. Our services related to post-tensioning include
observation of the tendon installation before concrete placement, monitoring of the stressing
operations and measurement and reporting of tendon elongations. The design engineer is
responsible for evaluating tendon elongations/stressing for compliance with the plans and
specifications.
5. Structural Welding - This item refers to structural steel welding, welding of tilt-wall panel
connections, roof decks, etc. The Terracon scope of services includes visual observations of field
welds and random verification of weld sizes. Weld slag should be removed from all field welds prior
to scheduling the weld observation. The contractor has the responsibility to schedule these
services in a timely manner such that full access is available to all welds.
6. High Strength Bolting - This item refers to structural steel bolted connections that have torque
requirements. The Terracon scope of services includes visual observations of bolted connections
and verification of tightness of randomly selected bolts with a torque wrench.
7. Structural Masonry - This item refers to concrete masonry unit wall construction for load-bearing
walls and walls exposed to wind loads. The Terracon scope of services includes visual observation
of reinforcing steel placement for both vertical and horizontal reinforcing steel and observation of
grout placement in vertical cells and horizontal bond beams. The sequence of construction may
require that these services be provided on a full-time basis during masonry construction in order to
have the opportunity to verify all reinforcing steel and grout placement. Our scope of services also
includes periodic sampling and compressive strength testing of mortar, grout, and masonry blocks
when required by the project specifications and requested by the client. The contractor is
responsible for scheduling observations as frequently as necessary for observation of all reinforcing
steel and grout placement.
8. Spray-Applied Fireproofing - This item refers to visual observation of the completed spray-applied
fireproofing for structural steel elements. The Terracon scope of services also includes thickness
measurements of the spray-applied fireproofing at randomly selected locations on each type of
structural steel member.
9. Drilled Piers - This item refers to continuous observation of the construction of all deep foundation
systems. The Terracon scope of services includes verification of pier diameter, depth, bearing
stratum, and reinforcing steel. Our scope also includes sampling and compressive strength testing
of concrete used in the construction of piers.
10. Asphalt - The Terracon Scope of services includes observation of the asphalt paving operations,
sampling asphalt and conducting field and laboratory tests. These services may be provided on a
part-time or full-time basis as authorized by the client.
11. Pavement Base - The Terracon scope of services includes observation of pavement base
placement and compaction, sampling base material, and conducting field and laboratory tests.
These services may be provided on a part-time or full-time basis as authorized by the client.
12. Chemical Treated Subgrade - The Terracon scope of services includes observation of subgrade
treatment and mixing observations, sampling of treated subgrade materials and conducting field
and laboratory tests.
EXHIBIT B
1rerracon
2008
Schedule of Services and Fees
Construction Materials Engineering and Testing Services
1. PERSONNEL
Senior Principal/Program Manager $155.00/hour
Principal 125.00/hour
Senior Project Manager . 110.00/hour
Project Manager 100.00/hour
Project Professional IV 110.00/hour
Project Professional III 100.00/hour
Project Professional II 89.00/hour
Project Professional I *76.00/hour
Technician, Floor Flatness (includes equipment) 125.001hour
Technician, Special *60.00/hour
Technician, Senior *45.00/hour
Technician, Regular *39.50/hour
Drafts Person/Cad Operator 50.00/hour
Clerical/Administrative Staff 42.00/hour
* An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through
Friday that are in excess of 8 hours per day and for services provided before 7.00 AM and after 6:00 PM,
as well as for services provided on Saturday, Sunday and Terracon recognized Holidays.
A 3-hour minimum charge is applicable to all trips made for performance of testing, observation or
consulting services. The minimum charge is not applicable for trips to the project site for sample pickup
only or project management.
Rates and services not listed within this Fee Schedule are available upon request.
NOTE: Deposition or court testimony at 1.5 times regular rate - minimum of $150.001hour
II. EXPENSES AND SUPPLIES
Vehicle Charge (minimum $40.00/day) $0.55/mile
Per Diem, Lodging and Food Minimum of 90.00/day
Miscellaneous charges, including analytical laboratory tests Cost + 20%
shipping charges, rental equipment, outside labor, public
transportation, materials, or other contracted services
2006 Terracon Fee Schedule
Page 1 of 6
X07
1
III. SOIL LABORATORY TESTING
Identification
Atterberg Limits Determination (LL, PL) $45.00/test
Atterberg Limits Determination (C.O.E. Method) 100.00/test
Combined Analysis (Hydrometer and Sieve) 145.00/test
Density Determination (Shelby tube sample) 11.00/test
Density Determination (Irregular sample) 30.00/test
Hydrometer Analysis 100.00/test
Organic Content (by heating) 25.00/test
Shrinkage Limit Determination 15.00/test
Sieve Analysis (Unwashed) 40.00/test
Sieve Analysis (Washed over #200 sieve) 70.00/test
Specific Gravity Determination 35.00/test
Percent Passing No. 200 Sieve 18.00/test
Visual Engineering Classification 6.00/each
Moisture Content Determination 6.00/test
Soil Suction (ASTM, D-5298) 35.00/test
Porosity 95.00/test
Pin Hole Dispersion 350.00/test
With Remolding of Sample 375.00/test
Sand Equivalent 165.00/test
Consolidation
Consolidation Test on 2-1/2 inch diameter Specimen
Regular increasing Load Increm ent to 16 tsf $410.00/test
Test with Pressure-Void Ratio Curve (C.O.E. Method) 550.00/test
Plotted Time Curves 70.00/each
Each additional Unloaded-Reload Cycle 110.00/cycle
Swell Test single pressure 120.00/test
Additional pressures 50.00/each
Swell Test (ASTM STP 479) 235.00/test
Shear Strength
Unconfined Compression
Undisturbed Soil Sample $29.00/test
Undisturbed Soil Sample COE Method 40.00/test
With Stress-Strain Curve 54.00/each
Wth Stress-Strain Curve COE Method 67.00/each
Calibrated Hand Penetrometer or Torvane 4.00/each
Direct Shear FAST (cohesionless) 160.00/point
Direct Shear SLOW (cohesive) 250.001point
Standard Sample Preparation 65.00/sample
Preparation on remolding for difficult samples 70.00/hour
Unconfined Compression on Cured Proctor Sample with Fly Ash 55.00/test
2008 Terracon Fee Schedule
Page 2 of 6
III. SOIL LABORATORY TESTING (continued)
Triaxial Compression
Unconsolidated Consolidated Consolidated
Undrained Triaxial Undrained Triaxial Drained Triaxial
Total per Circle $ 175.00 $ 425.00
quote on request
Note: Test rates for 1.4 inch, 1.8 inch and 2.8 inch diameter samples. Rates for other diameter
samples available upon request. Consolidated Undrained Test includes pore pressure
measurements.
Compaction and Densitv
Nuclear Density and Moisture Gauge
Laboratory CBR $70.00/day
R-Valve (ASTM D-2844) 300.00/test
Modified Proctor (ASTM D 1557 165.00/test
225.00/each
Modified Proctor (COE Method)
TxDOT Proctor Tex- 11 3-E **1 60.00/test
TxDOT Proctor (Tex-114-E) ••••.•.•••"""""'••210.00/each
160.00/each
Relative Density (ASTM D 4253 & D 4254 wet or dry method)
Standard Proctor (ASTM D 698) 260.00/each
**145.00/each
Standard Proctor (COE Method) **155.00/each
Standard Proctor with Fly Ash (2 hour Delay) 195.00/each
Harvard Minature 170.00/each
Field CBR
On Request
Additional charge for Coarse Aggregate Correction 60.00/each
Permeabilitv
Constant Head Permeability Test $315.00/test
Falling Head Permeability Test
125.00/test
reparation of Remolded Samples 60.00/each
Chemically Treated Soil Tests
pH (by meter)
$30.00/each
Electrical Conductivity by Miller box
95.00/each
Chloride Concentration 70.00/each
Soluble Sulfate 65.00/each
Cation Exchange Capacity of Soil 115.00/each
Lime Determination, pH Method (set of three)
Lime Determination, Atterberg Limits Method (set of three) 100.00/set
Lime Depth Checks 120 /each t
Laboratory Gradation of Lime Treated Soils 10.00 /each
22.00/each
Compressive Strength of Lime Treated Specimen 26.00/each
Cement Determination, Compressive Strength Method (set of three)
Compressive Strength of Cement Treated Specimen 75
29.00/ea 00/each
h
2008 Terracon Fee Schedule
11 q Page 3 of 6
IV. ROOFING
Services of Roofing Consultant (RCI) $100.00/hour
Services of Senior Roofing Technician 80.00/hour
Services of Roofing Technician 67.00/hour
Roof Sample Analysis - Quantitative
Asphalt, No Gravel ...........................................................................Minimum 200.00/each
Asphalt, Gravel ................................................................................Minimum 250.00/each
Coal Tar, Gravel Minimum 320.00/each
V. STRUCTURAL STEEL AND METALS
AWS Certified Welding Inspector $80.00/hour
AWS Certified Associate Welding Inspector 60.00/hour
Ultrasonic Examination of Welds 67.00/hour
Ultrasonic Equipment and Consumables 100.00/day
Magnetic Particle or Dye Penetrant Examination $67.00/hour
Magnetic Particle or Dye Penetrant Materials Cost + 20%
AWS or ASME Welder Qualifications
Pipe 115.00/each
Plate ***70.00/each
Weld Procedure Qualification
AWS **.350.00/each
ASME ***375.00/each
Tensile, Yield and Elongation Test ***75.00each
Skidmore Device 250.00/day
Excluding machining, sample preparation and base metal costs, if required.
VI. AGGREGATES
Sieve Analysis (ASTM C 136) $70.00/each
Analysis of Material finer than #200 Sieve (ASTM C 117) 54.00/each
Combined Coarse and Fine 85.00/each
Organic Impurities - Colorimetric (ASTM C 40) 50.00/each
Lightweight Particles or Chert Analysis (ASTM C 123) : Fine 80.00/each
Coarse 140.00/each
Chert 140.00/each
Clay Lumps (ASTM C 142) 55.00each
Soundness (ASTM C 88) (5 cycles) 315.00/each
Large Size Aggregate 340.00/each
Abrasion (ASTM C 131) 150.00/each
Large Size Aggregate 230.00/each
Organic Impurities - Mortar Strength (ASTM C 87) 440.00/each
Specific Gravity (ASTM C 127 or 128) 50.00/each
Absorption Analysis (ASTM C 127 or 128) 50.00/each
Unit Weight (ASTM C 29) 50.00/each
Specific Gravity and Absorption combined (ASTM C 127 or 128) 65.00/each
Percentage Particles Less Than 1.95 Gr. Gravity (AASHTO T 150) On Request
Scratch Hardness Test 50.00/each
2008 Terracon Fee Schedule
Page 4 of 6
VI. AGGREGATES (continued)
Freeze thaw (AASHTO T-103) 650.00/each
Flat and Elongated Particles 120.00/each
Crushed Particle Determination 80.00/each
Bulk Impregnated Specific Gravity 325.00/each
Solubility 75.00/each
Wet Ball (Tex-116-E) 150.00/each
Sieve Analysis (Tex-110-E) 70.00/each
Base (Aggregate) Depth Checks 10.00/each
VII. ASPHALT
Extraction (ASTM D 2172) (includes gradation) $145.00/each
Extraction only 95.00/each
Asphalt Content by ignition (including gradation) 135.00/each
Bulk Specific Gravity (ASTM 2726) (already mixed, Set of 3) 45.00/each
Marshall Stability and Flow (ASTM D 1559) (already mixed, Set of 3) 145.00/each
Core Density and Thickness (field cut, minimum 3 cores) 35.00/each
Asphalt Design Mix Review (Marshall Method) $325.00/design
Three Point Marshall Curve (including laboratory
mixed asphalt with 9 stability, flow and density tests) 715.00/set
Additional Point 185.00
Hveem Stability (ASTM D 1560) (already mixed) (Set of 3) 145.00/set
Super Pave Molded Density Specimens (Set of 3) 185.00/set
Penetration and Specific Gravity (ASTM D 5) 75.00/each
In-place Asphalt Density with nuclear testing unit (equipment only) 55.00/day
Bitumen Softening Point 60.00/each
Asphalt Coring (includes generator, coring machine, etc.) 45.00/each
Strength Retention Test 520.00/test
Theoretical Maximum Specific Gravity (ASTM D 2041) 90.00/test
Abson recovery 675.00/test
Viscosity of Bituminous Materials (Kinematic) 100.00/test
Absolute 100.00/test
FAA Moisture in Mix 75.00/test
VIII. CONCRETE AND MASONRY
Concrete or Mortar Mix Verification $300.00/each
Laboratory Concrete Trial Batch (with cylinders) 500.00/minimum
Laboratory Concrete Trial Bath (with beams) 750.00/minimum
Initial setting time (ASTM C 403) (already mixed) 250.00/each
Compressive Strength of Cylinder (ASTM C 39) 18.00/each
Special capping for irregular surface 16.00/each
Trimming for capping (if required) 20.00/each
Strip and cured test cylinders, not tested 14.00/each
Flexural Strength of Concrete Beam 53.00/each
(Cleaning charges in addition where applicable)
Splitting Tensile Test (6" Cylinders) 30.00/each
2008 Terracon Fee Schedule
f Page 5 of 6
VIII. CONCRETE AND MASONRY (continued)
Concrete coring - technician
45.00/hour
Diamond bit wear per inch depth
4 inch diameter core (includes equipment) 10.00/inch
Different diameter core Quote
Concrete sawing-technician 60.00/hour
1) Saw
2) Blades 55.00/day
Cost + 20%
Concrete core, measurement and strength 21.00/core
Trimming/capping 15.00/each
Compressive Strength and Dimensions of Masonry
Block Units ASTM C 140 (minimum of 3)
Depending on size and quantity 35.00 to 75.00/each
Net Area, Absorption, Specific Gravity and Moisture
Content of Masonry Block (ASTM C 140
65.00/block
Lineal Drying Shrinkage of Masonry Block (ASTM C 426) 260.00/each
Compressive Strength of Masonry Block Prism (Hollow) 130.00/each
Compressive Strength of Masonry Block Prism (filled with grout) quote on request
Compressive Strength of 3x6 inch Grout Prism
Compressive Strength of 2 inch Mortar Cube or 30.00/each
3 inch diameter cylinder 14.50/each
Laboratory Mortar, Trial Batch (does not include testing cubes) 260.00/each
Mortar Flow Test (ASTM C 270) 60.00/test
Mortar Water Retention Test (ASTM C 270) 210.00/test
Efflorescence Test 140.00/each
Each additional concurrently tested material 85.00/each
Chloride ion content of concrete
(submitted sample prepared through #50 sieve)
James Meter
Less than 5 samples 45.00/each
AASHTO Titration
Less than 5 samples 60.00/each
Sample Preparation 47.00/hour
Rapid chloride permeability of concrete - 4 inch diameter sample,
includes sawing to length but no special curing
1st Sample 225.00/each
Additional Samples 170.00/each
Rapid cure by boiling procedure 85.00/each
i 2008 Terracon Fee Schedule
Page 6 of 6
Feb-12. 2009 2:51PM EAGLE No.0316 P. 1
The ag.
E"w"O"Ie
CLASSIFIED LINE AD CONTRACT
BRAZOS COUNTY Advertiser) agree to publish a minimum of 8 lines per issue in the Bryan/College Station
Eagle at a rate of .80 Cents per line per day beginning March 2. 2009 and to expire on March 2. 2010 for
12 months.
Advertiser understands this contract will automatically renew for a like period of time, unless canceled, in writing, 30 days
prior to the expiration of the current contract, by either party.
Advertiser further understands that failure to meet requirements of contract publication days, minimum lines daily; will
result in forfeiture of contract and all ads billed at open rate.
The advertiser will be guaranteed a set price per line for the contract period without regard to the number of lines/inches
run. This contract rate is based on nine column format.
A carrying charge of 1 per month will be charged on all accounts not paid in full by the 151" day of the month following
advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract,
including collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment.
For value received, Advertiser assigns to The Eagle all rights, title and interest to all layouts of advertisements placed with
The Eagle which represent the creative effort of the newspaper and/or utilization of its own illustrations, labor, composition
or material. Advertiser understands that because of said assignment, he/she cannot authorize photographic or other
reproduction of any such advertising layout appearing in The Eagle in any other publication without the written consent of
The Eagle.
It is further understood that this assignment does not preclude Advertiser from supplying to other publications similar or
identical material or information for production of advertisements by such publications or from suggesting the content or
form such advertisements.
If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall
have the right to revise this Contract so as to prorate the available space on an equitable basis.
(Please print or type this section)
ADVERTISER: BRAZOS COUNTY ACCT: 01102223
Address: 300 TH BRYAN, TX 77803
Signed by: X Title: X (~OUrlt~& -R~411 Print Name: S c-
Persons authorized to place ads X Pte- ffiALrd, ('tonne'-
For The Eagle:
~ z Ra"
(Marketing Consultant) Joy K. Richards (Director of Advertising) Ron Lee (Dale of approval)
lit-
C33
COUNTY INFORMATION RESOURCES AGENCY
INTERLOCAL PARTICIPATION AGREEMENT FOR
A PROJECT TO DEVELOP STANDARDS AND REQUIREMENTS
FOR A COMMON INTEGRATED JUSTICE SYSTEM
SOFTWARE SOLUTION FOR COUNTY GOVERNMENT
atio
n Resources Agency and
This Agreement between the County Inf:rtc
County, Texas ("Member") is red into pursuant to the
Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code.
I.
RECITALS
WHEREAS, LIRA was created by Texas counties to provide assistance to its
Member counties in all matters relating to information resources and
technologies in order to increase efficiencies and improve the quality and
reliability of governmental services; and
WHEREAS, the delivery of governmental services could be enhanced by
developing a software solution to support a common integrated justice system
for county government; and
WHEREAS, the CIRA IT Advisory Committee recommended to the Board of
Directors of CIRA that CIRA assist in determining whether the development of
such software is feasible; and
WHEREAS, a number of county officials have also expressed support for such a
venture; and
WHEREAS, the first step in determining the viability of developing or obtaining
such software is to reach a consensus about what county government needs such
software to do and determine the system requirements most appropriate to meet
those needs, and
WHEREAS, the CIRA Board has determined, as authorized by its bylaws, to
work with its Members to jointly determine the work flow and processes of the
various county offices that make up the justice system, and to develop standards
and requirements for a software solution that will facilitate efficient processes in,
flt . )31
and communications between, these various offices regardless of the size of the
county; and
WHEREAS, Member desires to participate in a project to develop a scope of
work that defines standards and system requirements and business processes
necessary for the development of integrated software for the justice system;
NOW, THEREFORE, CIRA and Member agree a' follows:
II.
NATURE AND SCOPE OF TiE PROJECT
It
The Project will be a collaborative effort to determine what C1RA's
collective membership wants from justice systejn software. The scope of work
will require ClRA and its interested Members ~o determine the work flow and
processes of the various county offices that serve the justice system and, based on
those processes and the requirements of law, develop standards and
requirements for a software solution in support of a common integrated justice
system. However, no Member participating in the project is committed to
pursuing software development, and no guarantee is made that such software
will ever be developed.
lII.
PROJECT GOVERNANCE
The CIRA Board will have final policymaking authority over all aspects of
this Project. The CIRA Board may designate other individuals or groups to
coordinate some aspects of the project and provide information and/or
recommendations to the C1RA Board.
IV.
OBLIGATIONS OF MEMBER
4.1 Member will contribute 4 Iz!S:l Lo q. 4-5-as its share of the cost of
the Project. Unless Member pays this amount in full, it has no right to
participate in the Project, no ownership of any intellectual property or any other
item or material developed during the Project, and no right to benefit from the
results of the Project.
4.2 Member agrees to allow the officials and employees of Member
with knowledge or skills that might benefit the Project to contribute time to the
)19 at.~
Project to the extent such time spent would serve the public interest and not
interfere with the performance of the individual's duties.
4.3 Member agrees to provide, upon request of CIRA, information that
will assist in the successful completion of the project. Such information may
include, for instance, information about: 1) Member's available information
resources; 2) work flow processes in the county offices that play a role in the
administration of justice; and 3) the perceived needs and/or preferences of
Members' elected officials concerning various aspects of justice system software.
4.4 Member will designate the CounJudge or another individual to
serve as the primary contact for the exchange of information.
4.5 Participation in the Project is limited to C]RA Members, so Member
must maintain its CIRA Membership throughout the course of the Project or its
participation in the Project will be terminated.
V.
OBLIGATIONS OF CIRA
5.1 Governance and Administration. CIRA will provide governance
and administration of all aspects of the Project, including determining the tasks
that need to be performed and the timeline for completing the project. If
appropriate, CIRA may contract for some or all aspects of the administration of
the project.
5.2 Obtaining Necessary Assistance. CIRA will endeavor to identify
and obtain, to the extent possible with existing resources, the technical and
administrative expertise necessary for successful completion of the project.
When necessary knowledge and expertise cannot be obtained from within the
CIRA Membership, CIRA will contract with third parties to obtain the necessary
assistance. With respect to any contract, CIRA will oversee the RFP process and
the award of contract. LIRA will also prepare all necessary agreements. CIRA
may, in its discretion, determine that the Project would be best served by asking
TAC to hire employees for some functions rather than contractors. All costs for
employees and contractors shall be an expense of the Project and shall be paid
from the Project Account.
5.4 Accountine. CIRA will receive all Member contributions, note the
amount of each contribution and place the contributions into an interest-bearing
account ('the Project Account"). CHU will pay from the Project Account all
expenses of the Project, and will keep and make available to participating
Members an account of all expenditures. At the completion of the Project, after
the payment of all amounts due to 3rd parties, CIRA will return any unexpended
funds in the Project Account to the Members; each Member will receive a
percentage of the remaining funds equal to the percentage that Member's
contribution was of the total amount contributed by the Membership collectively.
VI.
COMPENSATION OF LIRA
To defray the cost of creating and administering the program, C1RA will
receive 4.25 % of all amounts paid by Members uring the Project.
VII
RIGHTS TO INTELLECTUA PROPERTY
CIRA will own the results of the Project, ' cluding all intellectual property
created during the course of, or as a result 0, the Project. Such intellectual
property will be used at the discreti on of the CIRA Board, for the benefit of
CIRA's Members collectively. No individual Member will own or have a right
to use such intellectual property except as authorized by the LIRA Board,
provided, however, if the C1RA Board ultimately determines not to proceed to a
software development phase, the LIRA Board will grant each Member
participating in the Project the right to use such intellectual property as it sees fit.
VIII.
DISCLAIMER OF WARRANTY AND AGREEMENT REGARDING LIABILITY
The Project is a cooperative effort of the CIRA Members that choose to
participate. CIRA's agreement to manage and coordinate the Project does not
constitute a promise that a particular result will be achieved or that any
particular Member will be satisfied with the result. Accordingly, regarding its
performance under this Agreement, CIRA DISCLAIMS ANY AND ALL
WARRANTIES OF ALL TYPES. Member and CIRA both agree that neither
party to this Agreement shall be liable to the other claims arising from this
Agreement.
IX.
MISCELLANEOUS PROVISIONS
8.1 Current Revenue. All payments required of the Member
hereunder shall be made from current revenues. No debt is created by this
Agreement.
) ~ ~ -;B7
8.2 Term and Termination The term of this Agreement shall begin
on the date it is fully executed and shall continue until the end of the Project
when the Scope of Work is completed. Either CIRA or Member may terminate
the Agreement without cause at any time upon 60 days notice. This agreement
will terminate if Member ceases to be a Member of CIRA. If Member terminates
this Agreement without cause or if this Agreement is terminated because
Member ceases to be a Member of LIRA, Member shall not be entitled to a
refund of any amounts paid to CIRA. If CIRA cancels the Project prior to
completion, any unexpended funds in the Project Account after payment of third
party claims will be returned to the Membership; each Member will receive a
percentage of the remaining funds equal to the percentage its original
contribution was to the total amount contributed by the Membership collectively.
8.3 Applicable Law. The laws of the State of Texas shall govern the
interpretation, validity, performance and enforcement of this. Agreement.
8.4 Severability. If any provision of this Agreement is held to be
illegal, invalid or unenforceable under present or future laws, the legality,
validity and enforceability of the remaining provisions of this Agreement shall
not be affected thereby and this Agreement shall be liberally construed so as to
carry out the intent of the parties to it.
8.5 Immunitu . Both CIRA and Member expressly retain all immunities
to which they are entitled under the law and do not, by entering this contract,
waive any immunity.
8.6 Amendment. This Agreement shall not be amended or modified
other than in a written agreement signed by the parties, or as otherwise provided
under this Agreement.
8.7 No Third Party Beneficiaries There are no third party
beneficiaries to this Agreement, and a person or entity that is not a party to the
Agreement has no right to enforce it.
8.8 Notices. All notices and communications to the Member will
be sent to the CIRA Coordinator. All notices to LIRA shall be sent via the United
States Postal Service with proper postage by certified mail, return receipt
requested, or delivered, to the Agency at the following addresses or to such other
address as the Board of Directors of the Agency may later designate by
amendment to the Bylaws of the Agency:
LIRA Director
The County Information Resources Agency
The Texas Association of Counties
1210 San Antonio
Austin, Texas 78701
I) 23~
IN WI`T'NESS WHEREOF, the governing bodies of both the County Information
Resources Agency and the undersigned Member have approved and adopted
this Agreement and have caused this Agreement to be executed and it shall
become effective upon the date that both parties have signed this Agreement.
AGREED to and ADOPTED by commissioners court of on
the -cja[f4- day of Px--bn 2009 and executed by the
undersigned authorized member of its governink body:
Name:
Title: V
AGREED to by the County Information Resources Agency on the &!~day of
~s=~ -&Vjjj_tt, 2009.
Karen Ann Norris, TAC Executive Director
For the County Information Resources Agency
GENERAL CERTIFICATE OF
BRAZOS COUNTY
We, the undersigned officers of the Commissioners Court of Brazos County hereby
certify that:
1. The Commissioners Court of said County convened in SPECIAL TERM ON
THE DAY OF FEBRUARY, 2009, at the designated meeting place, and the roll was
called of the duly constituted officers and members of said Commissioners Court, to-wit:
Kenny Mallard, President Randy Sims
Duane Peters, Vice-President Lloyd Wassermann
Carey Cauley, Jr., Secretary
and all of said persons were present, except the following absentees: thus constituting a
quorum. Whereupon, among other business, the following was transacted at said Meeting: a
written
RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT
RELATING TO APPROVAL OF THE
BRAZOS COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION
BURLESON ST. JOSEPH MANOR
REVENUE REFUNDING BONDS, SERIES 2009
was duly introduced for the consideration of said Commissioners Court and read in full. It was
then duly moved and seconded that said Resolution be adopted; and, after due discussion, said
motion, carrying with it the adoption of said Resolution, prevailed and carried by the following
vote:
AYES: All members of said Commissioners Court
shown present above voted "Aye", except
NOES: Q
ABSTENTIONS: _ 0
2. A true, full, and correct copy of the aforesaid Resolution adopted at the Meeting
described in the above and foregoing paragraph is attached hereto as Exhibit A; said Resolution
has been duly recorded in said Commissioners Court minutes of said Meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from said Commissioners Court minutes
of said Meeting pertaining to the adoption of said Resolution; the persons named in the above
and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said
Commissioners Court as indicated therein; and each of the officers and members of said
Commissioners Court was duly and sufficiently notified, officially and personally, in advance, of
the time, place, and purpose of the aforesaid Meeting and that said Resolution would be
introduced and considered for adoption at said Meeting, and each of said officers and members
consented, in advance, to the holding of said Meeting for such purpose; and said Meeting was
open to the public, and public notice of the time, place, and purpose of said Meeting was given,
all as required by Chapter 551, Texas Government Code.
5415651x.6
u a 4o
3. A true, correct, and accurate copy of the information filed by the Brazos County
Health Facilities Development Corporation (hereinafter called the "Corporation") with the
Commissioners Court of said County on the day of February, 2009, pursuant to
Section 221.062 of the Health Facilities Development Act, related to the issuance of the Brazos
County Health Facilities Development Corporation Burleson St. Joseph Manor Revenue
Refunding Bonds, Series 2009 (hereinafter called the "Bonds"), is attached hereto as Exhibit B.
4. True, correct, and accurate copies of the resolution(s) of the Commissioners Court
of Brazos County approving the bylaws of the Corporation and all amendments thereto, if any,
are attached hereto as Exhibit C.
5. According to the official records of the Commissioners Court of said County, the
current directors of the Corporation appointed by such Commissioners Court are: Kenny
Mallard, Duane Peters, Carey Cauley, Jr., Candy Gallego, Randy Sims, Lloyd Wasserman, and
Paul Martin.
6. No action has been taken by the Commissioners Court of said County pursuant to
Section 221.035 of the Health Facilities Development Act or otherwise to limit the effectiveness
of the resolution adopted by the Board of Directors of the Corporation authorizing the issuance
of the Bonds or affect the transaction represented by the Bonds.
7. A true, full, and correct copy of the Certificates of Public Hearing containing the
minutes of the public hearings held pursuant to Section 147(f) of the Internal Revenue Code of
1986, with respect to the Bonds, is attached hereto as Exhibit D.
8. The Attorney General of the State of Texas (the "Attorney General") is hereby
authorized to date this certificate on and as of the date of his approval of the Bonds, and this
certificate and the matters herein certified shall be deemed for all purposes to be true, accurate,
and correct on and as of that date, and on and as of the Closing Date, unless an authorized officer
of Brazos County shall notify the Attorney General, the Trustee for the Bonds, the Corporation,
and the Underwriter for the Bonds in writing or by telephone, telegraph, or telecopier to the
contrary prior to either of such dates.
SIGNED AND SEALED the day of February, 2009.
c
- Z-;r
County Clerk, County Judge
Commissioners Court Commissio rs Court
(SEAL)"
-2-
5415651v.6
General Certificate of Brazos County
Pt,... f,
EXHIBIT A
RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT
RELATING TO APPROVAL OF THE
BRAZOS COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION
BURLESON ST. JOSEPH MANOR
REVENUE REFUNDING BONDS, SERIES 2009
WHEREAS, the creation of the Brazos County Health Facilities Development
Corporation (the "Issuer") was authorized by a resolution of the Brazos Commissioners Court
("Brazos County") on January 11, 1982, in accordance with the provisions of the Health
Facilities Development Act, Chapter 221, Texas Health & Safety Code (formerly Article 1528j,
V.A.T.C.S.), as amended; and
WHEREAS, Section 13(c) of the Bylaws of the Issuer provides that as a condition
precedent to the issuance of obligations, the Issuer must obtain the approval of the issuance of
such obligations by written resolution of Brazos County; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code"), requires that the Commissioners Court of Brazos County approve the Bonds described
below to be issued by the Issuer on behalf of Brazos County, Texas for the purposes set forth in
the resolution of the Issuer hereinafter described; and
WHEREAS, the Issuer intends to issue its Brazos County Health Facilities Development
Corporation Burleson St. Joseph Manor Revenue Refunding Bonds, Series 2009 in an aggregate
principal amount not to exceed $11,000,000 (the "Bonds"), pursuant to the resolution of the
Issuer attached hereto as Attachment A and made a part hereof, and
WHEREAS, the Bonds are being issued for the purpose of (i) financing or refinancing
the cost of certain health facilities, and (ii) paying certain issuance costs in connection with the
Bonds; and
WHEREAS, a public hearing has been held by or at the direction of the Issuer with
respect to the issuance of the Bonds, and notice of such public hearing was published in a
newspaper of general circulation in Brazos County at least 14 days prior to the date of such
public hearing; and
WHEREAS, Brazos County finds and determines it is necessary and advisable that this
Resolution be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS:
1. That the issuance of the Bonds by the Issuer is hereby approved in accordance with the
Bylaws of the Issuer; and
2. That the issuance of the Bonds is hereby approved for the purposes of Section 147(f) of
the Code.
A-i
5415651x.6
~ ~ ~ o~ 40
3. That the approvals in Section 1 and 2 hereof are for the sole purpose of compliance with
applicable law, and Brazos County in no way shall be liable on or responsible for the
Bonds.
A-ii
5415651x.6
EXIMIT B
CERTIFICATE OF FILING
I, the undersigned officer of Brazos County Health Facilities Development Corporation,
hereby certify as follows:
1. That I am the duly elected or appointed President of Brazos County Health Facilities
Development Corporation.
2. That on , 2009, 1 filed or caused to be filed on behalf of the Brazos
County Health Facilities Development Corporation an executed original copy of the
attached letter with the Commissioners Court of Brazos County, Texas by filing an
original executed copy of same with the County Clerk and the County Judge and each
member of the Commissioners Court at his or her respective office in the City of Bryan,
Texas.
WITNESS MY HAND on this the day of February, 2009.
President, Board of hectors
Brazos County Healt Facilities
Development Corporation
B-i
5415651v.6
i~ a
Brazos County Commissioners Court
Brazos County Courthouse
300 East 26th Street, Room 115
Bryan, TX 77803
Re: Burleson St. Joseph Manor Revenue Refunding Bonds, Series 2009
County Judge and Commissioner:
Pursuant to Section 221.062 of the Health Facilities Development Act, Texas Health &
Safety Code (formerly Section 4.03, Article 1528j, V.A.T.C.S.) (the "Act"), the Act under which
the Brazos County Commissioners Court created the Brazos County Health Facilities
Development Corporation, notice is hereby given that the Brazos County Health Facilities
Development Corporation (the "Issuer") intends to issue its above-captioned bonds (the "Series
2009 Bonds) for the purpose of currently refunding the Issuer's Burleson St. Joseph Manor
Revenue Bonds, Series 1999, originally issued in the aggregate principal amount of $9,580,000,
the proceeds of which were used to finance all or part of the cost of a health facility (as such term
is defined in the Act) for Burleson St. Joseph Manor, a Texas non-profit corporation (the
"Health Facility"). The anticipated size of the proposed issue of the Series 2009 Bonds is not to
exceed $11,000,000. The Health Facility is located at 1022 Presidential Corridor, Highway 21
East, Caldwell, Texas. The necessity for such Health Facility is to assist the maintenance of
public health and to provide health facilities for the promotion and development of health care,
all for the public purpose of promoting the health and welfare of the citizens of the State of
Texas, and the Project is needed for the purpose of improving the adequacy, cost, and
accessibility of the health care, research, and education within this State.
The proposed Series 2009 Bonds will be issued not less than fourteen (14) days from the
date of filing of this letter.
Sincerely,
BRAZOS COUNTY HEALTH
FACILITIES DEVELOPMENT
CORPORATION
By:
(SEAL)..
"Date of Filing:
B-ii
5415651v.6
EXHIBIT C
RESOLUTION APPROVING BYLAWS OF THE CORPORATION
C-i
5415651v.6
~lj
EXHIBIT D
CERTIFICATES OF PUBLIC HEARING
D-i
5415651x.6
107
,WICOAuctions - Your Not Sold Items https://www.swicoauctions.com/user/viewNotSoldItems.php?
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Your Not Sold Items
Before: 02/19/2009
After: 01/19/2009
Update
Lot # Item Name Ending Date
10 Police Vehicle Cage 2/16/2009 j
24 Two Drawer File Set 2/16/2009
26 Folding Table and More 2/16/2009
i
27 Directory Board 2/16/2009
28 Finger Print Machine 2/16/2009 j
30 Church Sign Inserts 2/16/2009
i
31 Metal Side Chairs 2/16/2009
33 Wood Counter Top 2/16/2009 ~
34 Three Wood Chairs 2/16/2009
j 38 Rolling Wardrobes 2/16/2009
j
39 Grey Plaid Chairs 2/16/2009
40 Office Partitions 2/16/2009
46 Storage Cabinets 2/16/2009
50 Wood Frame Tack Boards 2/16/2009
i
70 Tappan Microwave Oven 2/16/2009
71 Polaroid Cameras 2/16/2009
I
79 Radio Antenna 2/16/2009 j
85 Law Books 2/16/2009
I
89 Cash Drawer and Inserts 2/16/2009
j 90 Work Table 2/16/2009
96 Chairs for Repair 2/16/2009
i
i
j 98 Mauve Colored Chairs 2/16/2009
i
99 Green Tone Chairs 2/16/2009 THE ITEMS LISTED ON THIS PAGE ARE
108 H P Inkjet Printers 2/16/2009APPR0 FO SALVAGE DESIGNATI
7
Randy County Judge date
1 of2
2/19/2009 9:57 AM
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: February 24, 2009
ITEM: Request from Verizon Communications to relocate (at Brazos County's request)
approximately 5,135 feet of buried communications cable in the right of way of Wickson Lake Road
to accommodate roadway improvements project. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to
do so and to remove all cleared brush, trees etc. from county right-of-way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner E. Duane Peters
County Engineer Precinct 2
CC2009-004
This Request is Approved / Denied ❑ by Commissioners' Court
Date:
so~- ~-~~--D
Randy Si , County Judge
X47
veri~n
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
February 9, 2009
GARY ARNOLD
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. ARNOLD:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are From ED-135 and a work location sketch showing the location of our
proposed buried cable line on county roads in Brazos County at Bryan, Texas.
This work is to be completed on Work Order 5435-3POAOAW which is scheduled for
03/11/2009 If you have any questions concerning this work, please contact ANTHONY
VITANZA at our office in Bryan, telephone 979-821-4754 within 15 days so that we may
explain of modify our proposal, otherwise, it is understood that this proposal is
approved.
Sincerely,
&k66,-
~
YJ~
BRENDA VAJDAK ~ f
Supervisor - Network Engineer E
JS:ec
2-11161
Attachment
s
VERIZON COMMUNICATION Notice of
Line Installation
February 9, 2007
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right-of-way of a County Road in Brazos County,
Texas as follows:
DUE TO THE REQUEST OF BRAZOS COUNTY BURIED CABLE WILL BE
RELOCATED ON WICKSON LAKE ROAD THAT WILL BE IN THE WAY OF
NEW ROAD SURFACE AND ROAD REALIGNMENT PROJECT.
5135 FEET OF CABLE WILL BE RELOCATED AS SHOWN ON WORK
PRINTS AS INDICATED BY COUNTY OFFICIALS THAT WILL NEED TO BE
RELOCATED.
The location and description of this line and associated appurtenances is more
fully shown by two (2) copies of drawings attached to this notice. The line will be
constructed and maintained on the County Road right-of-way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after 03/11/2009
V IZON CO~ttU,,~~NICATIONS 5435-3POAOAW
RENDA VAJ DAI~'~~ c-
Supervisor-Network Engineer
301 Industrial Blvd.
Bryan, TX 77803
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vemment agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise
in the use of this map.
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ICAY HAMILTON
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TYpge~P County Treasurer
Brazos County Courthouse 200 S. Texas Ave., Suite 240 Bryan, Texas 77803 (979) 361-4340
DATE: February 18, 2009
TO: Hon. Randy Sims, County Judge
Hon. Lloyd Wassermann, Commissioner
Hon. Duane Peters, Commissioner
Hon. Kenny Mallard, Commissioner
Hon. Carey Cauley, Commissioner
Candy Gallego, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: Quarter Ending 12/31/2008 Investment Report
This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which
requires quarterly reporting of investment transactions to the Commissioners' Court.
The Brazos County Investment portfolio earned an average yield ofir1.7608% on the quarterly overage
balance of $2,326,721.18 invested with TexPool for the period ending 12/31/2008. Investment interest
deposited during the quarter was $10,309.48. Actual ending balance for December 2008 was $2,329,838.54
The average Earnings Credit Rate on checking account interest for the quarter ending 12/31/2008 was
% netting $216,555.511 on an average depository balance of $82,937,411.02.
Total year-to-date interest earned $226,864.99
Investment Strategy
During this period of investing in an unstable economic environment, it seems prudent to protect County funds by
keeping the majority of available funds in the County's depository where all funds are 110% collateralized. The
County also maintains an investment account with Texpool which, though not collateralized, does provide the
safety of an overnight market. As economists are anticipating a possible increase in the Fed rate, it does not
seem prudent to invest in products with extended maturities. The investment of Brazos County Bond proceeds
will require special consideration; otherwise, the County's investment strategy currently remains unchanged with a
concentration of County funds in the Brazos County Depository.
113 , d-~
Summary of Portfolio Changes
The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity
of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of
Texas.
INTEREST RATES AND EARNINGS BY MONTH
TexPool Checking Acct Earnings
Interest Interest Rate Interest Credit Rate
October 2008 3.893.18 1.9762 110,879.51 1.4800
November 2008 3,480.54 1.8207 71,380.24 1.0200
December 2008 2,935.76 1.4855 34,295.76 0.5400
Q/E 12/31/2008 10, 309.48 Avg. 1.7608 216, 555.51 Avg. 1.0133
Attached are the following reports:
1) Cost Amount Summary of Investments by Fund
2) TexPool Quarter End Activity Report
3) Investments by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to the
Investment Policy of Brazos County and is being managed under the investment strategy of said policy as
approved by the Commissioner's Court of Brazos County.
a Hamilton, County T easurer Date
rri White, Chief Deputy Treasurer Date
ACKNOWLEDGED:
v
Raa n4 Sims, County Judge date
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TEXPOOL QUARTER ENDING 12/31/2008 ACTIVITY REPORT
FUND 1 - POOLED FUND GROUP
DATE DESC. GENERAL FUND EXPO. COMPLEX TOTAL
09/30/08` BALANCE $ 2,3191529.06 $ - $ 2,319,529`.06
10/31/08 October Interest $ 3,893.18 $ - $ 3,893.18
10/31/08 October Balance $ 2;323,422.24 - $ 2,323,422.24
11/30/08 November Interest $ 3,480.54 $ - $ 3,480.54
11/30/08 November Balance $ 2,326;9.02.78 $ - $ 2,326,902.78
12/31/08 December Interest $ 2,935.76 $ - $ 2,935.76
12/31/08 December Balance $ 2,329,838.54 $ - $ 2,329,838.54
INVESTMENTS BY FUND GROUP AND STRATEGY TYPE
FUND 9 - POOLED FUND GROUP
General Fund $ 2,329,838.54
Health Endowment Fund $ _
State Lateral Road $ _
Courthouse Security $ _
Strategy Type: "OPERATING FUNDS $ 2,329,838.54
General Obligation Debt Svc. $ _
Strategy Type:! DEBT SERVICE FUNDS $
General Permanent Impv. $ _
Exposition Center Fund $ _
Strategy Type= SPECIAL"PROJ. & PERM.IMPVDEBT $
Fund; I - Group Total - $ 2,329,838.54
BOOK VALUE OF ALL INVESTED FUNDS FOR DECEMBER 2008 $ 2,329,838.54