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HomeMy WebLinkAbout2003-10-14-9:00AM-REGULAR FIL ED G _ as 193 OC7 I 0 P 153 $F{AZi(].S coU~'~Y::.;:'~'1•~~•~'7:1YCLER "''H' r• ri,Ak+. TEXAS BRYAN. TEXAS .'i7Y: U-6C.c64aL.0mrrrY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 14 OCTOBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Jones. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3-33 3. Budget Amendment 02/03-45.1 Budget Amendments 03/04-1.1 thru 03/04-1.6 4. Payment of Claims 5. Personnel Change of Status 6. Approval of the proposed Procedures for Merit Pay. 7. Request by Ernie Laney for approval of out of state travel for two members of the IT staff to attend the 2003 Pentamation Client Conference in Hershey, PA on November 1-5, 2003. 8. Request by Katie Conner for approval of out of state travel for two members of the County Auditor staff to attend the Government Series Client Conference in Hershey, PA on November 3-5, 2003. 9. Request by Donald Lampo, Constable Pct. 2, for approval of Ronald Pollard as a non-paid Deputy for Pct. 2. 10. Renewal of current contract with ChoicePoint Business and Government Services, Inc. for use of AutoTrack service by the County Attorney's Office. VOL-!& PAGE 1 Co + Commissioners Court Agenda 14 October 2003 Page 2 11. Request by Judge Locke, County Court at Law #2, to eliminate a part-time position. - 12. Interlocal Agreement for Emergency Medical Ambulance Service with the City of Bryan. 13. Request to obtain AT&T service for frame relay circuits and to authorize the County Judge to sign the necessary documents. 14. Consideration and adoption of an order approving and authorizing publication of notice of intention to issue certificates of obligation and other matters related thereto. 15. Resolution declaring intention to reimburse certain expenditures with borrowing proceeds. 16. A Resolution approving the budget of the Brazos County Emergency Communications District and establishing an effective date. 17. Agreement between Brazos County and the Brazos County Emergency Communication District establishing the District as the emergency communications dispatching authority for the Brazos County Sheriff's Office and Volunteer Fire Departments for the period of October 1, 2003 through September 30, 2004. ),m'40, o0 18. Approval of Tax Resale Deed in the amount of $140,099.60 paid by Joel N. Alexander and Kathy A. Nichols. 19. Review of Tax Refund Applications for the following: a. James R. & Martha Watson r. David William Dudycha c/o DMC Corp. b. Rynda L. & Paul A. Sisson s. First Capital Bank SSB c. Robert Shipley t. Stephen M. & Edna M. Green d. John M. & Sylvia M. Norton u. H. Brent Hairston e. Peter S. Murano v. Martin Right of Way Services f. Sheryl Kay Bryan w. John K. Moser g. Paul E. & Karen J. Pustejovsky x. Pauline Robertson c/o Suzic Davis h. Beulah Groce Estate c/o Eula Mae Harris (2) y. Amelia & Celestino G. Saueeda i. Central Baptist Church (2) z. Theresa Schehin j. Susan Barkley aa. Terion k. Classic Cuts bb. Tex Lan-Co; Don Landry 1. Pro Tan, Amber Nieschwietz cc. Jerry Vytopil, Jr. m. Schieffer Corp. dd. Gus Wager n. Bounce-A-Lot ee. CDM Services; Ray Kimball o. Betty W. White ff. Jodie Uptergrove p. Brazos Valley Physicians Org. arm Doug Smith q. Karen H. Vaughn & Edward A. Hiler Griffin 20. Approval of the following blanket purchase orders: a. Lowe's $1,000.00 (Brazos Cnt.) h. Brazos Cm. $500.00 (MPO) b. The Greenery $700.00 (Brazos Cnt.) i. Davis Fire $2,000.00 (R&B) c. Pitney Bowe's $1,000.00 (non-dept) j. Buchanan Soil - $5,000.00 (R&B) d. Dealers Electric $3,000.00 (Maintenance) k. Fastenal Co. $2,000.00 (R&B) VOL 41 PAGE-_ ` Commissioners Court Agenda 14 October 2003 Page 3 20. (cont'd) e. Lowe's $1,000.00 (Maintenance) 1. Capitol Bearing $3,000.00 (R&B)- f. Ray Criswell $2,995.00 (Maintenance) m. Napa Auto Parts-- $5,000.00 (R&B) g. The Eagle $3,000.000 (MPO) 21. Approval of the purchase of Capitalized Equipment $229,954.78 (R&B). 22. Renewal of Bid #2003-056R - Rental of Equipment with Operator. 23. Award of Bid #2003-046 - Flexible Base / Screenings / Sand. 24. Award of Bid #2003-050 - Aggregate for Surface Treatment. 25. Approval of Maintenance Agreement for Security Equipment. 26. Approval of Maintenance Agreement for Copy Machines. 27. Approval of Lease Agreements for new Copiers. 28. For the 2003 Texas Community Development Program grant: a. Award the administrative contract b. Award the engineering contract c. Adopt the resolution promoting fair housing d. Appoint the Fair Housing Officer e. Appoint the Labor Standards Officer f. Adopt the Section 504 grievance procedures g. Adopt the resolution authorizing signatures for the 2003 Texas Community Development Program h. Adopt the Excessive Force Resolution i. Adopt the Section 3 Plan / Local Opportunity Plan 29. Request for Permission to enter Mark Carrabba's property located off Rabbit Lane for the purpose of applying herbicide control at curve (on Rabbit Lane located 0.5 mile north of Thurman Road) to increase roadway sight distance. Site is located in Precinct 2. 30. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Sand Creek Road approximately 900 feet from its intersection with State Highway 21. Site is located in Precinct 2. 31. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Grassbur Road approximately 500 feet from its intersection with Ranchette Court. Site is located in Precinct 2. 32. Request from City of Bryan to construct 2,154 feet of water line installation in the right of way of Rabbit Lane and for variance from county regulations for 1,200 feet of the already installed water line to remain in place in the front slope of the ditch approximately 2 feet from the pavement edge. Site is located in Precinct 2. VOL 47 PAGE I g ' Commissioners Court Agenda 14 October 2003 Page 4 33. Approval of minutes from the following Commissioners Court meetings: a. July 17 - Aug. 1, 2003 - Budget Workshop f. Aug. 12, 2003 -Regular Meeting b. Aug. 4-8, 2003 - Budget Workshop g. Aug. 19, 2003 - Regular Meeting c. Aug. 11-15, 2003 -Budget Workshop h. Aug. 19, 2003 - Special Meeting d. Aug. 5, 2003 - Regular Meeting i. Aug. 26, 2003 - Regular Meeting e. Aug. 5, 2003 - Workshop j. Aug. 29, 2003 - Public Hearing 34. Announcement of interest items and possible future agenda topics. 35. Call for citizen input and/or concerns.. 36. Agency / Board / Committee reports by Court members. 37. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services most be made two business days before the meeting. To make anangements, call (979) 361-4102. VOL 41 PAGE I COMMISSIONERS' COURT REGULAR MEETING OCTOBER 14, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 14, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, 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. Commissioner Jones gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The County Judge deviated from the agenda and skipped down to number 6, approval of the proposed Procedures for Merit Pay. on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the attached merit policy. The effective date is October 25, 2003. The County Judge went back to consider item number 3, VOL119 PAGE aO Commissioners Court meeting October 14, 2003 2 Budget Amendment #02/03-45.1, which would reallocate funds for County Clerk-Elections. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered Budget Amendment #03/04-1.1 through 1.6, which would correct the TJPC-Community Corrections Grant, transfer funds from Contingency to Court Support Cost Division, Road & Bridge Department, Emergency Management Division and reallocate funds for the Sheriff Department and transfer funds from Project Contingency to County Court at Law # 2 Courtroom Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20046422 through 20046740 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action VOL qq PAGE ~I Commissioners Court meeting October 14, 2003 3 Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The merit increases will be effective as of October 25, 2003. The next matter for consideration by the Court was a request submitted by the Director of the Information Technology Department seeking approval for out of state travel for two staff members to attend the 2003 Pentamation Client Conference in Hershey, Pennsylvania on November 1st through 541 , 2003. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Director of the Information Technology Department and approved payment of out of state travel expense for two staff members. The next matter for consideration by the Court was a request submitted by the County Auditor seeking approval for out of state travel for herself and Assistant Auditor, Margie Williams to attend the Government Series Client Conference in Hershey, Pennsylvania, November 3`1 through 5t". On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to grant the request from the County Auditor and approved payment of out of state travel expense for Ms. Conner and Ms. Williams. VOL +f PAGE a Commissioners Court meeting October 14, 2003 4 The Court next considered a request from Constable Precinct 2, Donald Lampo, to appoint Ronald Pollard as unpaid Reserve Deputy Constable. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Lampo to appoint Ronald Pollard as unpaid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was the renewal of a Contractual Agreement with ChoicePoint Business and Government Services, Inc. for the County Attorney Investigators to continue the use of the AutoTrack Service. The term of the contract is for six (6) months commencing on October 1, 2003 and terminating March 31, 2004. The monthly charge will be $250.00. on motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to enter into contractual agreement with ChoicePoint. A copy of the contractual agreement is attached. The Court next considered a request from Jim Locke, Judge County Court at Law #2 to eliminate a part time position in his department. on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. Commissioner Jones suggested the need for a policy covering this type of request. VOL~ PAGE a3 Commissioners Court meeting October 14, 2003 5 The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the City of Bryan for emergency medical ambulance service. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into an Interlocal Agreement with the City of Bryan for emergency medical ambulance service. The Court next considered a request to obtain AT&T service for frame relay circuits and to authorize the County Judge to sign the necessary documents. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to obtain AT&T service for frame relay circuits and to authorized the County Judge to sign the necessary documents. A copy of the bid tabulation is attached. The next matter before the Court was to consider adoption of an Order approving and authorizing the publication of notice of intention to issue certificates of obligation and other matters related thereto. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to adopt the Order approving and authorizing the publication of notice of intention to issue certificates of obligation and other matters related thereto. VOL 41 PAGE 1 4 Commissioners Court meeting October 14, 2003 6 The Court next considered adoption of a Resolution declaring intention to reimburse certain expenditures with borrowing proceeds. This will be used for enhancements to existing communication equipment in the form of fiber optic connection between the Courthouse, Brazos County Juvenile Justice Center, Road and Bridge Department and Sheriff's Complex. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt the Resolution. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to adopt a resolution approving the budget of the Brazos County Emergency Communications District and setting the effective date as of October 14, 2003. A copy is attached. The Court next considered entering into agreement with the Brazos County Emergency Communications District establishing the District as the emergency communications services dispatching authority for the Brazos County Sheriff's Office and Volunteer Fire Departments for the period of October 1, 2003 through September 30, 2004. Cost for services provided will be $261,309.00. on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with the Brazos County VOL 145 PAGE 95 Commissioners Court meeting October 14, 2003 7 Emergency Communications District and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individuals: Joel N. Alexander and Kathy A. Nichols - The Southwest One-Half (S.W. 161) of Lot 41, Block 7, Hall's First Addition, City of Bryan, Brazos County, Texas. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. James R. & Martha Watson b. Rynda L. and Paul.A. Sisson C. Robert Shipley d. John M. & Sylvia M. Norton e. Peter S. Murano f. Sheryl Kay Bryan g. Paul E. & Karen J. Pustejovsky h. Beulah Groce Estate c/o Eula Mae Harris (2) i. Central Baptist Church (2) j. Susan Barkley k. Classic Cuts 1. Pro Tan, Amber Nieschwietz M. Schieffer Corp. n. Bounce -A-Lot o. Betty W- White p. Brazos valley Physicians Org. Attn Doug Smith q. Karen H. Vaughn & Edward A. Hiler Griffin r. David William Dudycha c/o DMC Corp. S. First Capital Bank SSB t. Stephen M. & Edna M. Green U. H. Brent Hairston V. Martin Right of Way Services VOL~_ PAGE D_ ~ Commissioners Court meeting October 14, 2003 8 W. John K. Moser X. Pauline Robertson c/o Suzie Davis y. Amelia & Celestino G. Sauceda Z. Theresa Schehin aa. Terion bb. Tex Lan-Co; Don Landry cc. Jerry Vytopil, Jr. dd. Gus Wager ee. CDM Services; Ray Kimball ff. Jodie Uptergrove On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the tax refunds previously listed. These refunds were due to over payment or at the recommendation of the Appraisal District. The Court proceeded to consider the following blanket Purchase Orders: Lowe's Brazos Center $1,000 The Greenery Brazos Center $ 700 Pitney Bowes Non-Departmental $1,000 Dealer's Electric Maintenance $3,000 Lowe's Maintenance $1,000 Ray Criswell Maintenance $2,995 The Eagle MPO $3,000 Brazos Center MPO $ 500 Davis Fire Road & Bridge $2,000 Buchanan Soil Road & Bridge $5,000 Fastenal Company Road & Bridge $2,000 Capitol Bearing Road & Bridge $3,000 Napa Auto Parts Road & Bridge $5,000 On motion by Commissioner mallard, seconded by the County Judge, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of the purchase of Capitalized Equipment from HGAC in the amount of $229,954.78. VOL 49 PAGE a7 Commissioners' Court meeting October 14, 2003 9 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase. The next matter before the Court was the renewal of Bid #2003-056R, Rental of Equipment with Operator. There is no change in prices for the additional year. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to renew the bid for an additional year. The Court next considered awarding Bid No. 2003-046, Flexible Base/Screenings/Sand. Becky Stephens, Senior Buyer, made several recommendations that are attached hereto. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contracts to as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2003-050, Aggregate for Surface Treatment. Becky Stephens, Senior Buyer, made several recommendations that are attached hereto. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contracts to as noted. A copy of the bid tabulation is attached. The Court next considered entering into Agreement with L3 Communications for all necessary repair and service on the VOL 149 PAGE a8 Commissioners' Court meeting October 14, 2003 10 Security Equipment. Term of the Agreement is from October 1, 2003 through September 30, 2004. The cost will be $6,850 annually. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with L3 Communications and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The Court next considered approval of second year Maintenance Agreement with Ikon Office Solutions. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to enter into agreement with the Ikon Office Solutions and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The Court next considered approval of a lease agreement between Brazos County and Ikon Office Solutions for the lease of new copiers. Term of the lease is for 60 months. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement between Brazos County and Ikon Office Solutions. A copy of the Lease Agreement is attached. The next matter before the Court was approval of the 2003 Texas Community Development Program Grant. On motion by VOL 49 PAGE 9 Commissioners' Court meeting October 14, 2003 i Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to enter into Agreement with Kerbow and Associates Consulting, Inc. to implement a Texas Community Development Program to provide first time sewer service for West 28th Street under the general direction of a 2003 Texas Community Development Program Grant and award or adopt the following items within the Grant: a. Award the Administrative Contract b. Award the Engineering Contract c. Adopt the Resolution promoting Fair Housing d. Appoint the Fair Housing Officer e. Appoint the Labor Standards Officer f. Adopt the Section 504 Grievance Procedures g. Adopt the Resolution authorizing signatures for the 2003 Texas Community Development Program h. Adopt the excessive Force Resolution i. Adopt the Section 3 Plan/Local Opportunity Plan A copy is attached. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Mark Carraba on Rabbit Lane in Precinct 2 to apply herbicide control at the curve (on Rabbit Lane located 0.5 mile north of Thurman Road) to increase roadway sight distance. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the work. The Court next considered the request from Wickson Creek VOL 41 PAGE 3o Commissioners' Court meeting October 14, 2003 12 Special Utility District to construct a road bore for waterline installation in the right-of-way of Sand Creek Road approximately 900 feet from its intersection with State Highway 21. 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 Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Grassbur Road approximately 500 feet from its intersection with Ranchette Court. 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 Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from the City of Bryan to construct 2,154 feet of waterline installation in the VOL J PAGE .3l Commissioners' Court meeting October 14, 2003 13 right-of-way of Rabitt Lane and for variance from county regulations for 1,200 feet of the already installed water line to remain in place in the front slope of the ditch approximately 2 feet from the pavement edge. 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 Cauley, the Court voted unanimously to approve the request from the City of Bryan and authorized the installation and approved the variance. A copy of the request is attached hereto. The Court next considered approval of the minutes of the Commissioners' Court meetings held in July and August 2003 on the following dates: Regular Meetings - August 5th, 12th, 19th and 26th Workshop Meeting - August 5th Public Hearing - August 29th Budget Workshop - July 17th through August lst August 4th through August 8th August 11th through August 15th on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. Under announcement of interest items and possible future agenda topics the following spoke: VOL q 9 PAGE 3a- Commissioners' Court meeting October 14, 2003 14 Commissioner Jones a) Thanked everyone for helping out and filling in while he's been out with a family health emergency. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He is continuing to work and meet on the Health Insurance issue. County Judge a) Last week, he and Commissioner Cauley met in Corpus Christi for continuing education. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL q J PAGE 33? The foregoing minutes of the Commissioners Court meeting held October 14, 2003 have been examined and are appro""""ved in open Court this the o7L day of 20 in Bryan, Brazos County, Texas. andy ms Eric Caldwell Coun Judge Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissione Precinct 3 rey C ul r. ' Commis oner, Prec nc 4 Attest: a en McQueen County Clerk VOL df q PAGE BRAZOS COUNTY COM~/M~ISSIONERS COURT MEETING ON '04 G~ N 2003 AT . . ~es ent Name Oani ~ (moo t~ a n_ u1 J4X~°tice -Z,77 l~ 3 C"j ~7 VOL ql PAGES BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2003 AT :Ov fr Name Organization/Department /ZS c~ /5 ~o Ve. re- Q t C S L4W,&^14 e. ~i+2fe2 Cry CA~ VOL4q P►GE.q~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02103-45.1 On this the 14s' day of October 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, 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 October 14, 2003 the Court heard and approved a budget amendment for the 2002-2003 budget year for Brazos County, Texas. 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 August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 14's day of October, 2003. 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 Commissioners' Court Minutes VOL 4q PAGE ~7 r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-45.1 10/14/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210020 715060 Dr. Rental-Votin Locations $ 450.00 01 210020 653200 Cr. ui -Maintenance 2,000.00 01 210020 725900 Dr. Professional Fees 14,535.00 01 210020 519400 Cr. Hourly Temp 900.00 01 210020 609100 Cr. Voter Registration Su lies 7,500.00 01 210020 602800 Cr. Election Supplies 3,660.00 01 210020 610100 Cr. Le Notices 925.00 County Clerk-Elections To reallocate funds to all ow unanticipated expenditures for the FYE 9130/03. $ 14,985.00 $ 14,985.00 ENO*& VOL '4q PAGE 39 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-1.1 thru 03/04-1.6 On this the 14'~ day of October 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct I 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 October 14, 2003 the Court heard and approved a budget amendment for the 2003-2004 budget year for Brazos County, Texas. 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 September 12, 2003 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). . ADOPTED AND APPROVED this the 14th day of October, 2003. 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 Commissioners' Court Minutes VOL 4q PAGE 3q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03104-1.1 10 002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3161 618010 Cr Travel 500.00 30 480500 Dr. TJPC-Comm Corrections 500.00 TJPC -Community Corrections Grant To correct the A roved budget to agree with the state approved budget VOL y 9 PAGE 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-1.2 10/14/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 43 470100 Cr. Reserve Fund Balance 65,052.00 43 634301 611300 Cr. Contingency 2,210.00 43 634301 803800 Dr. Improvements-Courthouse 70,120.00 43 634301 807500 Cr. Architectual Fees-Capital 2,858.00 CCL #2 Court Room Fund To adjust the budget to the remainder of the a roved contract from revious yews. VOL q"4 PACE ~I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-13 10/14/2002 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 110100 722080 Dr. Crt A inted A -Juv 5,000.00 01 110015 611300 Cr. lCoutingong 5,000.00 Court Support Cost Division To increase the budget to agree with the contract awarded to Gendron, Harrison and Thibodeaux approved 8/19/2003 for the FYE 9/30/04. r VOL O PAGE 4 a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-1.4 10/14/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 560010 521000 Dr. E 1 entServices 4,100.00 01 560010 6113001 1 Cr. Con' en 4,100.00 Road & Bridge To setup the budget for emporary to ent services. 3 dot O PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-15 10/14/2002 FD DIV ACCT FROJ DR/CR ACCOUNT NAME Increase Decrease 01 355001 672110 Dr. Computer Software 200.00 01 110015 611300 Cr. Contingency 200.00 01 470200 Dr. Reserve Contingency 200.00 01 470100 Cr. Reserve Fund Balance 200A0 Emergency Management Division To increase the expenditure budget from the Reserve Fund Balance to allow the payment of the InterWARN/StonnLab software which was ordered September, 2003 but not received until after the close of the fiscal year. VOL `I~ PAGE ` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - No. 03104-ISb 10/14/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 516 Dr. Hourly-Law Enforcement 1,873.00 01 280001 516150 Cr. Hourly-Law Enforcement 1,873.00 Sheriff Administration In the FY2004 Budget, the Commissioners Court granted funding for a new Criminal Investi for position. That position class 1423/ position #8 was budgeted at a Group 23/Step, 1. This request is to move unused funds from a position class 1415/ position #11 to increase the new investigator position. FROM TO Gr 23/Step 1 Gr 23/Step 3 New Investigator Position 36,992.00 38,865.00 Gr 19/Step 5 - ,Dcpty Sheriff/Patrol - SO 33,513.00 31,640.00 Note: The reduction to the Patrol Position takes it off step. The current employee is being aid $14.96174 per hour which is annually $31,120 Gr 19/Ste 2). The requested decrease $1,873 makes the budget $31,640-enou to a the em to ee. VOL 4 I PAGES , MERIT INCREASES PERSONNEL CHANGE OF STATUS page 1 of 2 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: Merove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED COMMISSIONERS COURT GREEN, BEATRIZ MERIT INCREASE OOON, REBECCA MERIT INCREASE. i TREASURER'S OFFICE SWEENEY, RUTH MERIT INCREASE TAX OFFICE MARTINEZ, AMY J. MERIT INCREASE INFORMATION GOLSON, TOM MERIT INCREASE TECHNOLOGY #JUNM DWAYNE MERIT INCREASE LEE, ANITA MERIT INCREASE PIERCE, MATTHEW MERIT INCREASE SWUENTE7, ANNA MERIT INCREASE TRUONG, BEN MERITINCREASE POBLETTS, GEORGE MERIT INCREASE BUILDING MAINTENANCE ALVARADO, SANTA MERIT INCREASE CABRERA, JUAN G, MERITINCREASE CARBAJAL, ROBERTO MERIT INCREASE DAVIS, JAMES MERIT INCREASE FLOWERS, ADA MERIT INCREASE GUAJARDO, FELISA MERIT INCREASE BEARD, CYNTHIA MERIT INCREASE HERMOSILLO, LORENZA MERIT INCREASE HERNANDEZ, LUIS MERIT INCREASE KNAPP, CORY MERIT INCREASE MIMS, pORLS MERIT INCREASE MOTA; HECTOR MERIT INCREASE RAMIRF7, SR, TOMMY MERIT INCREASE REYES, ROSE MERIT INCREASE ROACH, CHARLES MERIT INCREASE ROBERTSON, DENNIS R. MERIT INCREASE STEWART, BERNARDA MERIT INCREASE STUTTS, ERNEST MERIT INCREASE SUSTAYTA, ANSELMA MERIT INCREASE THOMAS, DONALD MERIT INCREASE 4Ak)f n mm & 5umA~ D ts A zuwtm 45~ lmcN-~E VOL 4t PAGE `KP MERIT INCREASES PERSONNEL CHANGE OF STATUS page 2 of 2 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: ARprove Personnel Chance of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED COUNTY ATTORNEY DOWLING, SONDRA C. MERIT INCREASE *MAGEE,WILLIAM MERIT INCREASE BIDDLE, SCOTT MERIT INCREASE BURKHALTER, TAMMY MERIT INCREASE CHAPA, MICHAEL MERIT INCREASE DIAZ, THERESA MERff INCREASE HOFFMAN, HOYT MERIT INCREASE HURST, GAYE L. MERIT INCREASE JADLOWSKI, MELISSA ICBM INCREASE JOHNSON, RUBY L. MERIT INCREASE LAMAR, BRENDA MERIT INCREASE NEAFUS, TIFFANY MERIT INCREASE OCON, CYNTHIA N. MERIT INCREASE PATRANELLA, STACY MERIT INCREASE STONE, RONALD . MERIT INCREASE VASQUEZ, JESSICA MERTT INCREASE WALKER, CURTIS MERIT INCREASE COUNTY COURT AT LAW #1 BLAHA, LORIE MERIT INCREASE PINEDA, CRYSTAL MERIT INCREASE TIGERINA, SARA MERIT INCREASE JUSTICE OF THE PEACE KOPETSKY, HOLLY MERIT INCREASE PCT. 2 -1 PALOMARES, MARIA T. MERIT INCREASE JUVENILE SERVICES LYON, LISA G. MERIT INCREASE PICCPW, BARBARA MERIT INCREASE TREASURER'S OFFICE AYERS, EMMERLISA MERIT INCREASE DAVIS, LAURA T. MERIT INCREASE HARE, RHONDA L. MERff INCREASE WHITE, TERRI L. MEATY INCREASE PALOMARES, CONCHA MERIT INCREASE .ice --nn~o/~~ l~ ~osY j Al 0 Ae eei In Comm fio Le s u i/aTlob County Judge's or Commissioner's Signature: V (This copy to be attached to minutes) VOL~PAGE y'l MERIT INCREASES PERSONNEL CHANGE OF STATUS page I of 3 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status #i#####i##i##########ii##ikk#######################iii####i##i###############i###ki# DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED TAX OFFICE BUENTELLO, OLGA E. MERIT INCREASE CORGEY, LOREN E. MERIT INCREASE DELAGADO, CHRISTINA MERIT INCREASE EIMANN, DENISE MERIT INCREASE FOGEL, CHARIDA M. MERIT INCREASE GREEN, BARBARA A. MERIT INCREASE KNAPP, MARQUEL L. MERIT INCREASE KNOX, BARBARA MERIT INCREASE LAMPKIN, CYNTHIA MERIT INCREASE MILLER, RONNIE W. MERIT INCREASE MONCIVAIS, CINDY MERIT INCREASE MONTALBANO, PATSY MERIT INCREASE RICO, JEANETTE MERIT INCREASE ROE, DORYE MERIT INCREASE SACKMAN, TONIA A. MERIT INCREASE SALADIN, SHERRIE MERIT INCREASE SAWYER, JEANINE MERIT INCREASE SCHUETZE, KATHY MERIT INCREASE SCHUMACHER, BONNIE MERIT INCREASE SCRIMSHIRE, VERONICA MERIT INCREASE SPACEK, SANDRA MERIT INCREASE STEELMAN, TERRY MERIT INCREASE STEPNEY, RAYE MERIT INCREASE TERRELL, LEIGH A. MERIT INCREASE TOLIVER, LINDA MERIT INCREASE TORRES, JOSEFA MERIT INCREASE COUNTY ATTORNEY DOWLING, SONDRA C. MERIT INCREASE DISTRICT ATTORNEY PONZIO, DRISTIE MERIT INCREASE TRUJILLO, ANGELA MERIT INCREASE DISTRICT CLERK DENO, KAY MERFr INCREASE ENLOE, JENNIFER MERIT INCREASE LANGLEY, MELISSA MERIT INCREASE LENZ, SYLVIA MERIT INCREASE NEWTON, THTIANY MERIT INCREASE SELVERA TAMMY MERIT INCREASE SIPES, MELANIE MERIT INCREASE SMALLWOOD, AMY MERIT INCREASE STUTTS, VIRGINIA MERIT INCREASE WILDEN, SUSAN MERIT INCREASE VOL 41 ~ PAGES MERIT INCREASES PERSONNEL CHANGE OF STATUS page 2 of 3 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED DISTRICT CLERK - COFFMAN, CHERYL MERIT INCREASE JURY SERVICES LANEHART, GINGER MERIT INCREASE DISTRICT CLERK - CADENA, PATRICIA MERIT INCREASE COLLECTIONS WHITE, BELINDA MERIT INCREASE COUNTY CLERK WORKMAN, FLORA MERIT INCREASE COUNTY CLERK - COHEN, SUSIE MERIT INCREASE RECORDS MGT. NARCOTICS TASK FIELD, CARLA MERIT INCREASE FORCE LEDESMA, RICARDO MERIT INCREASE BRAZOS CENTER BELTRAND, PAM MERIT INCREASE HARRIS, HAROLD MERIT INCREASE KILLINGSWORTH, SHERRY MERIT INCREASE SUTHERLAND, JUDY MERIT INCREASE TUREK, SHELLEY MERIT INCREASE ROAD AND BRIDGE ARREDONDO, GUADALUPE MERIT INCREASE BLANKER, BRETT MERIT INCREASE COTRONE, JERRY MERIT INCREASE CROW, RAY MERIT INCREASE CURTIS, ALFRED MERIT INCREASE GUTIERREZ, JESSIE MERIT INCREASE HANKS, ROBEY MERIT INCREASE HERNANDEZ, JESSIE MERIT INCREASE IVERSON, CHARLES MERIT INCREASE JENKINSON, JR, RICHARD MERIT INCREASE JOHNSON, BOBBY MERIT INCREASE JONES, JON S. MERIT INCREASE KUDER, BILLY MERIT INCREASE LEFLORE, JDAMY MERIT INCREASE MENDEZ, SR BENITO MERIT INCREASE MUEGGE, LINDA MERIT INCREASE VOL 41 PAGE MERIT INCREASES - PERSONNEL CHANGE OF STATUS page 3 of 3 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status xx**********x******xxx*xx**xx*xx*xxx*x********xx*xxxx******x**xs*x**xx********x*x*** DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ********x*x***x*xxx*x***********x*******tx****x*x**xx**************xxx*x*xxxx*xx*xx* ROAD AND BRIDGE NICHOLS, FRANKIE E. MERIT INCREASE ODSTRCIL, BRANDON MERIT INCREASE ODSTRCIL, LARRY MERIT INCREASE REYNA, PEDRO MERIT INCREASE SIMONS, CHRISTOPHER MERIT INCREASE TALLEY, JOHN MERIT INCREASE TRACY, CATHERINE K. MERIT INCREASE VILLARRE.AL,VICTOR MERIT INCREASE WADE, STEVEN MERIT INCREASE WATSON, BELLY MERIT INCREASE WHITE, KENNETH MERIT INCREASE WIDENER, RICKEY MERIT INCREASE WILLIAMS, MARY R. MERIT INCREASE WOODS, BOBBY MERIT INCREASE ZALMANEK, CHARLES MERIT INCREASE Approved in Commissioners' Court: October 14.2003 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL q1 PAGE PERSONNEL CHANGE OF STATUS page 1 of 2 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: A~~rove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED TAX OFFICE SNODGRASS, PATRICIA E. NEW HIRE-FULL TIME SHUTT, JAMIE RESIGNATION GOINS, JOAN A. NEW HIRE - FULL TIME INFORMATION WOERZ, ERIC T. DISCHARGED TECHNOLOGY COUNTY ATTORNEY DOWLING, SONDRA C. RECLASSIFIED POSITION DISTRICT ATTORNEY BAKER, BRIAN BUDGETED SALRY. POSITION CARTER, MELISSA BUDGETED SALRY. INCREASE FLANIGAN, SHANNON B. BUDGETED SALRY. INCREASE FLORES, PRISCILLA A. PROMOTION GARIBAY, VERONICA NEW HIRE -PART TAdE GORE, GLYNIS BUDGETED SALRY. INCREASE GRANBERRY, JAMES BUDGETED SALRY. INCREASE GRAY, EARL R. BUDGETED SALRY. INCREASE GREENING, CRAIG BUDGETED SALRY. INCREASE HOWELL, DOUGLAS BUDGETED SALRY. INCREASE KEIM, PETER BUDGETED SALRY. INCREASE LALK, MARGARET BUDGETED SALRY. INCREASE MILLS, STEVEN E. BUDGETED SALRY. INCREASE MUNOZ, MARGARITA BUDGETED SALRY. INCREASE O'CONNOR, LISA M. BUDGETED SALRY INCREASE PARSONS, JARVIS J. BUDGETED SALRY. INCREASE PHELPS, SHANE P. BUDGETED SALRY. INCREASE SCHULTZ, GILBERT BUDGETED SALRY. INCREASE SECHELSKI, TRICIA BUDGETED SALRY. INCREASE SWEARINGEN, WINDY BUDGETED SALRY. INCREASE TUERINA, NORMA BUDGETED SALRY. INCREASE DISTRICT CLERK GAONA, MARY G. RESIGNATION COUNTY CLERK HINES-KELLEY, JAIME TRANSFER-NEW POSITION KING, BETTY PROMOTION RAMIREZ, TERESA PROMOTION VOL PAGE PERSONNEL CHANGE OF STATUS page 2 of 2 COURT DATE: October 14, 2003 DEPARTMENT: Personnel PURPOSE: Aperove Personnel Change of Status DEPARTMENT NAME EMP L OYEE NAME ACT ION REQUESTED SHERIFF'S OFFICE OLDHAM III, CLARENCE TRANSFER FROM ANOTHER DEPT. MARTINEZ, PAUL BUDGETED MOVE SHERIFF'S OFFICE/JAIL GARBS, JUDITH A. TRANSFER FROM ANOTHER DEPT. DAYTON, LOIS 1. NEW HIRE - FULL TIME CONSTABLE, PCT. 3 COLEMAN, THOMAS RECLASSIFICATION JUVENILE SERVICES LYON, MEGAN RESIGNATION AG. EXTENSION RAYFORD, ELISSA D. RESIGNATION Approved in Commissioners' Court: October 14, 2003 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 49 PAGE 52. )BRAZOS COUNTY, TEXAS PERSONNEL POLICY AND PROCEDURES MERIT PAY Periodically during the budget, cycle Commissioners' Court may provide to all operating divisions, funds to be used by the elected official and/or department head for the sole purpose of employee merit pay. The merit pay pool for each department provides the elected official and/or department head the opportunity to reward those employees within their department for outstanding performance. The following policy guidelines are to be followed by all elected officials and/or department heads when implementing the use of merit pay increases:. 1) All merit pay authorizations must be requested on a personnel action form to be presented to Commissioner's Court. Merit will not be in effect until Commissioner's Court approves the personnel action form; 2) All merit pay requests must be made using the current group and step chart approved by Commissioner's Court (e.g.. all requests must be based on the step increases provided for the group in which the employee is currently classified); 3) All merit pay increases must be requested by the designated date set by Commissioner's Court; 4) The merit increase given to an employee identifies with the employee as long as the employee is employed in the osp iti on for which the merit.pay was awarded;. 5) Should an employee change employment within the county or to a different position, any previous awarded merit pay will not transfer between positions or departments (e.g. change meaning a promotion within the department or a move to a different department); 6) All forfeited merit pay (not awarded by an elected official or department head) will automatically be return to the department's merit pay pool to be reallocated by the elected official and or department head (reminder: no requests may be made after the designated date set by Commissioner's Court); Tj At no time during the year may the elected official and/or department head request, nor may Commissioners' Court approve merit pay allowances, which in the aggregate, would provide funding in excess of the amount approved by the Commissioners' Court for merit pay for the department during the budget cycle for the fiscal near: 8) At no time during the year may the elected official and/or department heads under the direction of Commissioner's Court use funds available in the merit pool for the department to increase the elected official or department head's salary. However, Commissioner's Court may use a portion of the merit funds to increase the G!P01icie&M=0Md,Merit Pay Page 1 of 2 VOL 'I PAGE b3 x[SZ j K VOL PAGE department head's salary for those department heads under their directioq~r- (Reminder: the request must be in by the date designated by Commissioner's Court for merit requests to be turned in for approval); 9) An employee who is eligible to receive merit shall have been employed in the department and in the same position for at least six months. 10) Merit may not be used to increase an employee's salary over the salary cap for their position. Currently the salary cap is a step 15. For purposes of this policy, position budget is defined as the annual salary (to include group, base step, and merit awarded during previous fiscal years) as established by the Commissioner's Court at the adoption of the budget (equivalent to "Position Control" schedule developed and distributed by the County budget officer). Award of merit pay during the current year is considered an amendment to the position budget and effectively becomes part of the position budget upon award A position budget may periodically be amended by Commissioner's Court by moving moneys from one position budget to another or by increasing or decreasing a position budget through a line item transfer. No part of this policy is to be construed as reducing the Commissioner's Courts authority to set the number of positions and the compensation of those positions as set out by § 152 of the Local Government Code. Additionally, no part of the policy is to be construed as reducing an elected officials authority to hire whomever he/she desires within the position budget constraints set by Commissioner's Court. This policy is effective beginning October 25, 2003 and will supercede previous policies before October 1, 2003. Date prove by nmissioner's Court in Open Session County udge ox0ficies/Pewmeymedt pay Page 2 of 2 VOL PAGE 5S :x.Ik FLAT RATE SUBSCRIBER AGREEMENT TERMS AND CONDITIONS Amendment to Exhibit "A" ChoicePoint Business and Government Services Price List Amended: September 17, 2003 Effective: October 1, 2003 PRICE: CPBG agrees to provide BRAZOS COUNTY ATTORNEY'S OFFICE with unlimited access to AutoTrack at the rate of $250 per month for the period of October 1, 2003 through March 31, 2004/ SPECIAL CONDITIONS: The flat rate would not apply to copies of "Premium Reports" which now consist of (1) National and Florida criminal records and motor vehicle accident reports (MVRS), (2) Dun & Bradstreet Reports (3) InfoUSA Reports (4) Link It Analytical Reports The "Premium Report" option will bo turned off to prevent access from the menu. If you require "Premium Reports" please notify us and we can arrange to have them billed in addition to the flat rate price. BRAZOS CO YA 'S OFFICE BY: TITLE: DATE: 14 (~C~er VOL 0 PAGE J?e INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this A day of (4rebel' , 2003, by and between the CITY OF BRYAN, TEXAS, a home rule municipal corporation (`Bryan") and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Patties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and the City of College Station have already been providing Emergency Medical Ambulance Services to the County according to the geographic areas defined as "Automatic Mutual Aid Response Districts" in the Automatic Mutual Aid Agreement between Bryan and College Station; and NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan shall provide Emergency Medical Ambulance Services to any person who requests it within the predetermined Automatic Aid Response District for which Bryan is assigned responsibility in the Automatic Mutual Aid Agreement between Bryan and College Station. (See Exhibit "A", an attached map of the Automatic Mutual Aid Response Districts.) 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches police and fire units for Bryan and County. 3. Bryan reserves the right to refuse to answer any call pursuant to this Agreement if the Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of Bryan citizens would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and the regulations promulgated by the Texas Department. of Health and adhere to the standards set forth therein. VOL 41 PAGE 5-7 PAYMENTS 5. County shall pay Bryan the following amounts for such Emergency Medical Ambulance Services on a quarterly basis according to the following schedule: FY 2003-2004 Payment Due Date Quarter for Which Payment is Made Amount October 1, 2003 October - December, 2003 $37,500.00 January, 2, 2004 January - March, 2004 $37,500.00 April 1, 2004 April - June, 2004 $37,500.00 July 1, 2004 July - September, 2004 $37,500.00 TOTAL: $150,000.00 6. The County must make all payments to Bryan for these services from current revenues. 7. Bryan will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. TERM AND TERMINATION 8. This Agreement term shall be from October 1, 2003, and terminate at midnight on September 30, 2004. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one-year terms (the "Renewal Terms') on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein; except the annual payment amount provided in Paragraph 5 of this Agreement may change. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. mail to the following parties: VOL 0 PAGE 5~ Bryan: City of Bryan P.O. Box 1000 Bryan, TX 77805 Attn: Michael S. Donoho, Fire Chief County: Brazos County 300 E. 26th Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 11. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of emergency ambulance services is a governmental function, and that the parties will participate jointly in the defense of any such claim. MISCELLANEOUS PROVISIONS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best eftbrts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. This Agreement is the entire agreement between the Bryan and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 14. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties 15. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 16. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 17. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, VOL ~~'PAGE ~9 any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach 18. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into this WL day of cr 2003, by and between Bryan and Brazos County. This Agreement shall be effective when s' ed by the last party whose signing makes the Agreement fully *Jayn4, Braves ounty Randy S' , County Judge ATTEST: ATTEST: ~ r Mary Lynn tratta, City Secretary McQueen, County Clerk APPROVED AS TO FORM: Michael J. sentino, City At VOL PAGE 0 0 0 0 0 0000 C 0000 0 m T Cl) M c) o O) N a O Lt1 VY O O O O O CDC OoO I n O W O O = CO M c7 m r N 0 U ~ •C _N h C O C0 U m at ao F. co r N CE O E U w OO ' W L), m a a 0 N N h (D E /N w O 'V N O > U C 7 U co " m o N m co o N t C O a m N m a m m m `m 'a m y o O- Y n .WD L O m ~ m 7•. n ab n n !A m w m ~ o a. 0- ~ N cif V VOL PAGE ~ X 0 0 0 O O O O O - m N O O O N 0 0 0 O V N N t0 f0 N 7 O h a O ~ ~ < h co to c0 c0 Q O O d O M S Cl) 1-t CO V O Cl) 0 U ~ N 0 N = W O V ca > c aooo m o ' m V NNOND ~ O N (Wj~ m Cl to r r m 90 E ¢ o chi m o O ~ V U w 7 U m O p~ CV V m ~ U C m O O O V ' O' ' N Z W O O CO , 7' OOi a V I.: N r-: c C 0 ~ 0 ~j g m w m o a N E m W m c m co F- c m o ~ ~ m n c m o c m N •W m m E m > E -S , m o g m fi m W c~ C ai m ~ ~ W ~ L . 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LLI o V W M N.4 O O N w U r ~ ~ .N m 3 N m U W m m m C A co N N > m m L N N ~ m m m X C o y m m p 0 O O m m w U ~ 0 m C 0 U ~ ~ Q m p 0 O C $ m mrn n mm mm . m~ c vi m c m m a nUmm > a m m~ v O c 0 $ o m t O U O ow atl m v' 3 v c '9 t of vii r p~ C N Cm L V Q 0 p' 0) U m a s 'O C m 0 Oi m m` O m O m W O NN N m 0 0 um m 1- S EL V V- J O m m m `m m t ~NM7~n cm n m rn mmm 000m V ~ N M d' N m n m VOL 0 PAGE 7~ 0 0 0 0 0 0 m o 0 0° o o °o It . - O ~ M NOOt'/ A p V f0 . ip p m w ooooe oOOC°oo°o m vim vio ovW N 0 U w w. y 0 C O W Y N E m ~ ° _a 0 "a U m U w Q T V C O } O LL OJ c w o m a U o C Q U m U W O m w d U o m N m a N m m N Uc~ ~ m m m a m U C m ~ ~ 2 U .9 `o o m E m w W f2 Z tm ~ «NaW U wUa a `o `o `~O m a €OL)D- EESm c m m m m c m m as ao X14 m A°ma r4 w E 62 aRElm - U 5:) 7 W K w 7 7 mm' N M N N M I V U- VOL yq PAGE N O W O 1` N) O l r a to m V W O W W O W W r m M n co O.m. mW d' lO d:N 0m0 f0 O U rd'N mmrmmwN m } m Mrmt~ r NNr OIA W M r Q m r Cl) m m 1, m lL d. r r N T N w w w MO ^N r d' 00 P-P~ O m 0 0 0 0 0 3° W v 1~ 0 M N m 'd 0O mN m hMm MMLO' O m nh•,~tm 'In C'! 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VLC G p LOr r M ti rCJN~~} O N .3„ c o o U N m m W O 1,N W C) l~r c E: m ~a o mN m m m m a 0 N M L° a C o a a C) 7 Z r w w w i U O oomm ao CO o'vlnor W w a w V U o m ooov) m Morro~{m O I n n m m O O d' N O N t: M CO ~O f`r A lOO h d^ M. h tz D) N; NN a O r W) co 1: N ~ N w W W W T } O it a r N. r N E LL It w w w W oo co 04 t- NOd InN R 'O W O O r 1` n h O r h h ec}} N Co v w o d oed~o O') O d: N r-, ~f U an C C ~oV m air vi f m C-4 aj 0 pap} U m > b W r co N dN' N N M 2 C A 1 O r M lLLL °a 0 N N U w w w co 0 m 3° 2° 0 0 m mmmn~ a i+~MNWO m m Inot~n 12 It'i N 0 C N! N Vn W W mu) r r C%j O M W N W r _ ~ r m N m m m f L¢ r N r r _ c w w l6 L M' m m 3 m W 7 G m m m m j m U m co U m m m Z m a `O• LL O.K- N 8 mto u'f m~~m w CO m e n m m Z p - C' U L T Z p X Z m c c to to 00-umF co Lo wnF w V' co 00 m 0 V U o 0 w 0 c 0 w a d c L L Z 0 Z c mU c 0 m W d m m w o a a t_ m m m > m`m y y t n xa a n w > m m m w E X0000 x a-W2w0L) Q x w-o0 VOL~PAGE °I(~ AGREEMENT THUS AGREEMENT is entered into this 17th day of September 2003 A.D., by and between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications District (District) pursuant to the authority of the Texas Interlocal Government Cooperation Act, Article 4413(32c), V.T.C.S. WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section 722.301 et seq., Texas Health and Safety Code, the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually beneficial for the County and the Districtto enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; NOW THEREFORE; IN CONSIISERATION of the mutual promises to each other made hereinafter, the undersigned parties agree 'as follows,: Effective October 1, 2003, the District is hereby appointed the emergency communications dispatching authority for the Brazos County Sheriff's Office and Volunteer Fire Departments for the period October 1, 2003, through and including September 30, 2004. 1 VOL PAGE '71 The District shall be responsible for providing a functioning computer aided dispatch system to the County. The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of two hundred sixty one thousand three hundred nine and NO/100 DOLLARS ($261.309.00), payable in twelve monthly installments. The County shall pay the full amount due within ten days of invoice from the District. All payments shall be subject to the Texas Prompt Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. At no time shall the County's portion of the District's reserve fund exceed a three (3) month operating reserve. The District shall report this reserve balance each year as a part of the budget approval process. District employees shall not be considered as County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate Agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with the Texas Emergency Telephone Number Act, Section 772.301 et seq., Texas Health and Safety Code. Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this agreement. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agents for any required documentation to implement the intent of this Agreement. 2 VOL'LPAGE sJg This agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this agreement. This agreement may only be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. - A SIGNED this ~ day of Q:k-JXC , 2003 A.D. VRoG. EMERGENCY COMMUNICATIONS DISTRICT BY: ywo Ch airman, Boar o anagers ATTEST: j/ BY: ~_~'Nvv Ernie Wentreek Secretary of the Board BRAZO COUNTY, XAS BY: Randy Si County udge ATTEST: 1. _ B Karen McQueen County Clerk 3 p VOL 10 PAGE l E °"T Brazos County - Purchasing Department of 1$ 4~' 300 E. 26th Street, Ste. 117' Bryan, Texas 77803 Phone (979) 3614290 Fax (979) 3614293 Pat Howard, Purchasing Agent Marcia Mann, Buyer Becky Stephens, Senior Buyer Jeanine Boring, Adudn. Assist. RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid #2003-005 Rental of Equipment with Operator, as Secondary Vendor, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid # 2003-056R. I understand this agreement will be for the period beginning November 15, 2003 through November 14, 2004. YOUNG CONTRACTORS 9.z9Io Authorized Signature Date BRAZOS COUNTY APPROVED: b~ Randy Sims, my Judge Date VOL PAGE ~d Brazos County Purchasing Department No0 •'Tr of ems' _ 300 E. 26th Street, Ste. 117 * Bryan, Texas 77803 Phone (979) 36IA290 Fax (979) 3614293 Pat Howard, Purchasing Agent Marcia Mann, Buyer Becky Stephens, Senior Buyer - Jeanine Boring, Admin. Assist. RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid #2003-005 Rental of Equipment With Operator, as . Primary Vendor, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid # 2003-056R. I understand this agreement will be for the period beginning November 15, 2003 through November 14, 2004. TEXCON 9- z9.03 Authorized Ignature Date BRAZOS COUNTY APPROVED: Randy Sim , County Judge Date VOL_jjJPAGE 6 J.yr •,.,Z,.s>, v. .~.a.a R lea ~t R :,3 1 t:;YY "a` ~'trr..''"~~ - ~ r MTh aw, wt~'. jt ~ k,M awt muu«ay"~ .r 7'ai r ~aR x K,. -a "a.-.. 1.r a 3x: 1`f~ ~r 5. 7'k'., ,i.. 6 `~"`~~6+.ca~ LOADED LOADEDI LOADED LOADED/ PLANT - BIDDERS ESTTONNAGE ONLY HAULED ONLY HAULED LOCATION 58,420 Lt3S 58.420 LBS 80,000 LBS 80,000 LBS _ COMAL COUNTY, TX TYPE A, GRADE 1 BASE 0 5010 310,000 E 9.67 $ 15.09 $ 9.67 $ 11.53 LIMESTONE SCREENINGS 000 E 325 NIB $ 3.25 $ 1625 DRY SCREENINGS 91435 BRYAN, TX - BASE ONLY WASHED CONCRETE SAND 2,000 NB NB NB NB COMAL CO. DRY SCR ONLY NAVASOT TX CRUSHED LIMESTONE BASE 100 310,000 $ 10.75 E 22.00 $ 10.75 $ 17.95 LIMESTONE SCREENINGS 2,000 WB HIS NB NB WASHED CONCRETE SAND ODO NB NB NB NB NAVABOT TX k w; 't NEW BRAUNFELS, TX TYPE A, GRADE 19190 310,000 S 10.10 $ 1535 f 10.10 $ 12.35 LIMESTONE SCREENINGS 2,00 $ 12.75 f 18.60 $ 1275 $ 15.60 DRY SCREENINGS 9179 BRAZOS CO-BASE & SCRNGS WASHED CONCRETE SAND .2,000 $ 4.50 $ 1290 S 4.50 E 9.50 MUMFORD TX-WSHD CON SO BRYAN,TX . SUPERFLEX BASE OTCS 111 310,00 S 10.00 S 15.00 S 10.00 E 12.50 LIMESTONE SCREENINGS 2,00 S 9.75 E 13.75 $ 975 S 1225 DRY SCREENING OTCS 288 WASHED CONCRETE SAND 020255 .2,00 S 4.0 S 6.0 $ 1.0 S 6.50 BRAZOS CO oomwm AUSTIN TX FLBS9111-TX CRUSHED STONE 310,00 $ 425 f 17.0 S 425 $ 13.30 LIMESTONE SCREENINGS 2,000 $ 325 $ 17.69 S 3.25 $ 13.30 DRY SCRNG4I268 TX CRUSHED ST WASHED CONCRETE SAND 2,000 NB NB NB NB ROUNDROCK,TX*5 MILES COLLEGE STATION, TX 0 STATE BASE OTMO42 51000 $ 11.75 $ 14.75 $ 11.75 f 1A0 LIMESTONE SCREENINGS 2,00 $ 10.40 $ 91.40 $ 10.40 $ 120 DRYSCREENINGSOTM080 WASHED CONCRETE SAND 9TM022 2,00 -f10.50 S 13.50 S 10.50 $ - 1725 BRYAN, TX e t BRYAN, TX T'YPEAGRADE20247 310,00 $ 121 S 22.33 S 1201 S 13.01 LIMESTONE SCREENINGS 2,00 E 1057 f 20.83 S 10.61 S 11.51 LIMESTONE SCREENINGS WASHED CONCRETE SAND 00 HIS NB NIB 918 NO RESPONSE ACO, TX y. . 310,00 NB NB NB NIB LIMESTONE SCREENINGS 2,000 T-2.0 E 2.0 E 11.0 DRY SCREENINGS 00040 _ MINERV TX-CONCRSAND WASHED CONCRETE SAND 2.00. S 3.25 $ 9.40 $ 325 E 8.2 WACO, TX-DRY SCRNGS RECOMMENDATIONS: Type A, Grade 1 Base 58,420lbs Loaded Only. Primary Vendor. Colorado Materials SecondaryVendor. Young Contractors Type A, GradeI Base 58,420 lbs Loaded) Hauled - Primary Vendor; Texcon Secondary Vendor. Young Contractors Type A, Grade 1 Base 0,00 Ibs Loaded Only - Primary Vendor: Colorado Materials Secondary Vendor. Young Contractors Type A, Grade 1 Base 0,00lbs Loaded I Hauled - Primary Vendor: Colorado Materials Secondary Vendor. Hanson Aggregate Limestone Screenings 58,420 lbs Loaded Only - Primary Vendor: Young Contractors Secondary Vendor. Tezcon Limestone Screenings 58,4201bs Loaded I Hauled - Primary Vendor. Mine Services Secondary Vendor. Texcon Limestone Screenings 80,00 ft Loaded Only -Primary Vendor. Young Contractors Secondary Vendor. Texcon Limestone Screenings 80,00 Ibs Loaded I Hauled - Primary Vendor, Mire Services Secondary Vendor. Brains Do=er Washed Concrete Sand 58,420 Ibs Loaded Only - Primary Vendor. Young Contractors Secondary Vendor: Hanson Aggregate Washed Concrete Sand 58.420lbs loaded I Hauled - Primary Vemlw: Young Contractors Secondary Venda: Mine Services Washed Concrete Sand 0,001bs Loaded Only -Primary Vendor. Young Contractors Sacondary Vendor. Hanson Aggregate Washed Concrete Sand 80,0001//bs`` ded l Hauled- rhoary Vendor. Young Contractors Secondary Vendor. Win Services COURT APPROVAL: Gr!/ APPROVAL DATE: VOL '441 PAGE 9A 1 k ' iko ~~`,`.jAS Nir y ~ Y4f4}" ~ ~ ~ ~ j Mc X+Fd ykK "L .5 YfFl'y "-.T~1+d,. u+'~ri.+":i,}s rn ) ~n~ kFC C~b'~~YC ~VC atxa s~'"~ .'rf t., ~.it 3 Cs.N j 7 Y~4,~ y~• GARLAND, TEXAS WB NIB WB TYPE B, GRADE 3 estimated tonnage 1,000 NB NIB NB TYPE B, GRADE 4 estimated tonnage 7,000 NB NB NB TYPE B, GRADE 5 estimated tonne a 1,5W WB NIB NB TYPE G DE 4 estimated tonnage 400 NIB WB N SAN MARCOS, TEXAS TYPE B, GRADE 3 estimated tonnage 1,000 11.00 24.00 TYPE B, GRADE 4 estimated tonnage 7,000 7.50 20.50 COMAL COUNTY TYPE B, GRADES estimated tonne a 1,500 9.00 22.00 TYPE L, GRADE 4 estimated tonnage 400 B WACO, TEXAS TYPE B, GRADE 3 estimated tonnage 1,000 12.00 20.00 TYPE B, GRADE 4 estimated tonnage 7,000 NIB NB WACO, TEXAS TYPE B, GRADE 5 estimated tonnage 1,500 10.00 18.00 TYPE I.GRADE 4 estimated tonnage 400 NB NIB DALLAS,TEXAS TYPE B, GRADE 3 estimated tonnage 1,000 WB NIB TYPE B, GRADE 4 estimated tonnage 7,000 NIB NIB STREETMAN, TEXAS TYPE B, GRADE 5 estimated tonnage 1,500 9.00 17.00 TYPE L, GRADE 4 estimated tonnage 400 27.00 35.00 COLLEGE STATION, TEXAS TYPE B, GRADE 3 estimated tonnage 1,000 NB NIB NB TYPE B, GRADE 4 estimated tonnage 7,000 NB NB NB TYPE B, GRADE 5 estimated tonnage 1,500 NIB NB NB TYPE I.GRADE 4 estimated tonnage 400 NIB NIB NB RECOMMENDATION: TYPE B, GRADE 3,LOADED ONLY PRIM: Colorado Materials SEC: Mine Services TYPE B, GRADE 4, LOADED ONLY PRIM: Colorado Materials SEC: - TYPE B, GRADE 5, LOADED ONLY PRIM: Colorado Materials SEC: Texas Industries TYPE L, GRADE 4, LOADED ONLY PRIM: Texas Industries SEC: - TYPE B, GRADE 3, LOADED & HAULED PRIM: Mine Services SEC: Colorado Materials TYPE B, GRADE 4, LOADED & HAULED PRIM: Colorado Materials SEC:. TYPE B, GRADE 5, LOADED & HAULED PRIM: Texas Industries SEC: Mine Services TYPE L, GRADE 4, LOADED & HAULED PRIM: Texas Industries SEC: - 3 - _ ..m „ ° 3 a a:- d+. v *COLORADO MATERIALS -1-302,GR 3 CIS #1200,1.302,GR4 CIS #1210,1.302,GR 5 CIS #1220.72 HR NOTICE REQ **MINE SERVICES - TY B GR 3 # 0035 & TY B OR 5 #0037 "*TX INDUSTRIES - SUBSTITUTE #3 TY L, GR 5 & #4 TY L, GR 4...SURF AGGREGATE QUOTED HAS A POLISH VALUE >48, LA ABRASION EX 410-A < 2% & FIVE C LE SOUNDNESS LOSS (TEX411-A) < 5% COURT APPROVAL: DATE: -11 V007 PAGE 93 r P.2 _communications security 8 Detection systems 11240 watrend Dave CyWess• CA 9003P5035 USA 582-370-2423 Fox 882-795-MM w .1-3com.txsn PLATINUM ANNUAL EQUIPMENT MAINTF.NA.NCE AGREEMENT Cus me • Brazos County 300 E. 26°i St., Ste. 105 Bryan, TX 77803 Equipment Included: Model No. SYS 210, Linescen 210, Serial No. 59319 Period of Performance: October 1, 2003 through September 30, 2004 Schedule of Seryicgs to be provided under this agreement' 24-hWday, 7-dayshveek emergency repair service All neoasooty repair parts Al service labor All travel and subsistence expenses All freight expenow e Annual preventative maintenance (x-ray systems only) e Annual radiation safety survey and report (x•ray systems only) P1f~e $6,850.00 plus tax if applicable Paytrient Terms; Annual billing, payment net 30 days Purchase Order Number. Note: Upon lecelpr of your inwkr, Please make sure Nat you =10 ymw payment fu oonad remit to address L.3 OeWe Systems, P. 0. f3ox 92228, Ohlonn, IL 80875.2228 and please 2kreme ft Cypress address shown of lie top of lMs W. Agreement Terms and Conditions: Per attached Accented: C L-3 Detection Syster Name: J f fy) Name: Son Kn Title: Title: g&n tr Signature: Qn Signature: Date: Date: b r 30 2003 VOL~PAGE Wf P.a EMS L-3 COMMUNICXTIONS SECURITY NN DE E MON AGREEMENT ANNUAL EQUOMENT TERMS AND CONDITIONS I . L3 Communication Security and Detection Systems, hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyer's authorized representative. 8-hour Seller response time will be typical in geographical locations where Seiler has resident service engineers. 24-hour Seller response time will be typical in geographical locations where Seller does not have resident service engineers. 2. As applicable to the specific maintenance agreement schedule, Service actions performed by Seller will Include all parts, materials, anddlato~retiquuired toGojust, maintain, repair, or restore the equipment to proper Seller will not perform any accordance with the manufacturer's specifications. to the equipment without Buycrs written approval. 3. Service actions performed by Seller under this agreement will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by L3 Communication Security and Detection Systems; painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other siirnilar devices except as specifically required for equipment repair or maintenance. Also excluded from this agreement are parts, materials, and. other ancillary equipment which have been damaged due to improper handling; equipment failures resulting from installation or operation or usa in any manner not in accordance with L3 Communication Security and Detection Systems instructions; equipment damage due to misuse or abuse (through negligence; accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of L3 Communication Security and Detection Systems. 4. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyers premises in as neat, orderly, and dean condition as before the service was begun. 5. Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded, electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and w411 be provided by Buyer at nn cost to Seller. 6. Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities. 7. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. VOL 41 PAGE P'4 r L-3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS ANNUAL EQUIPMENT MAIIJ'MANCE AGREEMENT TERMS AND CONDITIONS 8. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this agreement. 9. Upon agreement between Buyer and Seller, Seller may perform additional services beyond Seller's obligations under this agreement. Such services may include, but are not limited to, equipment installation, relocation, and re-installation. All such services, when performed, will be invoiced to Buyer in accordance with Sellers prevailing standard service rate schedule. 10.Upon completion of service, Seller's service engineer will submit the Service Call Report (SCR) to Buyers authorized representative. The SCR will itemize the service actions performed. Buyers authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyers authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 11.Cancellation during the contract period. In the event that other equipment supplied by L3 Communication Security and Detection Systems is replaced with the equipment under contract, the customer may cancel this contract without charge by giving written notice to 1-3 Communication Security and Detection Systems. In the case of a cancellation for any reason, the customer must provide 1-3 Communication Security and Detection Systems 90 days prior written nofrce of cancellation and pay L3 Communication Security and Detection Systems25% of the remaining annual contract fee as liquidated damages. 1-3 Communication Security and Detection Systems also reserves the right to cancel this contract without notice If the customer is in default. 12. Buyer retains the right to cancel this agreement immediately and without advance notice to Seller should Seller's services be unsatisfactory in quality or should Seller fail to perform in accordance with the statement of services for any reason within Sellers control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 13. Seller will not transfer or assign its obligations under this agreement, either in whole or In part, without the prior written approval of Buyer. 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Q ~ KE f ~ _ V $E ca V ° v ° p F Y m i a Cc vE ` Q m m U m LL m f O F o o F Y m E c ❑ S c w t❑ c n Q ° El LJ C 6 8 = s $ oas' C1 o a z o YFm ~o ° a3Q m Z a~~m a U n ~ term ❑ E ° o 0 0 re w o a E o x R~cr°@ G'gca ~p l~z <m5c GG a yR m m O o a E- 3 ~ ~ c ~ ~ N c m E m` m p 0 n 9 W k n ° o m in o 'o @ m $ ~ o G a °m ~ m m m u° 72 0 o A 9 0` o a° VVL.' / ❑ E 0 ° E i$ E uF°Q °QU`u9 h i y ug' z vorom Image Management Plus Agreement Number: IOSCapital" Thank you for choosing IKON! This agreement ("Agreement') has been written in clear, easy to understand language. Please take time to review the terms. s When we use "you" or "your", we are referring to you, our Customer. When we use "IKON", we are referring to IKON Office Solutions, Inc., which is the equipment" supplier and one of the largest distributors of office solutions in the world. When we use -we", 'us", "our" or "IOS Capital", we are referring to IOS Capital, Inc. the wholly-owned captive finance subsidiary of IKON. Our principal corporate office is located at 1738 Bass Road, Macon, GA 31210. _ CUSTOMER INFORMATION Customer Billing Contact: Brm.4os '~'wadrJe Stir+ices F7ill Legal Name Phone (ext) Fax Customer Location Address Customer Billing Address (if diffcoun) $rJw.. L& raPsi TX 77863 Cityy county State zip city county State Zip EQUIPMENT DESCRIPTION ("Equipment") Qvsntity Equd ment Descrioce : Make, Model, & Serial Number Quantity Equipment Description: Make, Model & Serial Number l Zz ZS60 F:"a:thJ I~ ❑ Check if Additional Equipment Schedule attached PAYMENT SCHEDULE Minimum Term (mos.) Cost CostefAddicond Guaranteed Advance Payment of Meter Reading/Billing Per image Image, Minimum For Additional Images Monthly Images $ _Monthly Lao $ f~JA $ .0056, D.oo Mrnanan payment P (txx meluded) -Quarterly , Usea aym[Otte: -Other Without Sates, Useand. , 35. pO° _ Apply to I- Payment nPtopettyThx _t w. . S 44 S. oo -QQuauarteerl rly _ Other ADDITIONAL PROVISIONS pest here, If arty): Salo Tax Exempt O Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O.#, ete.) Addendum Attached O Yes (Check if yes and indicate total member of pages: ) TERMS AND CONDITIONS 1. You agree to use the Equipment listed above and pay the some described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE. You as= to use this Equipment for the Minimum Term indicated above. You agree that the Equipment will be used solely for business purposes and not for personal, family, or household purposes and the "Customer Location" Is a business address IOS's acceptance of this Agreement, when given, will be indicated by its signature below. 1 Location of Equipment: You will keep the Equipment at the customer location specified above. You must obtain our written permission, which will not be unreasonably withheld. to move the Equipment With reasonable notice, you will allow us or our designee to inspect the Equipment (You further agree that the additional comas and conditions on the reverse side of this Agreement am incorporated by reference into this Agreement) AUTHORiZF SIG R FO USTOMER THE PERSO NIN S A MENT ON BEHALF OF 770: STOMER REPRESENTS HEISHE HAS THE AUTHORITY TO DO SO. n d 51 CAL; ~f (A Si er Signature) (Authorized Si Printed Name) (Authorized Si T' PERSON GUARANTY In consideration of IOS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will make all payments and pay all other charges required under such Agreement whdn they are due, and that the Customer will perform all other obligations under the Agreement fully and promptly. I also agree that LOS Capital may modify the Agreement or make other arrangements with the Customer and I will still be responsible for those payments and other obligations under the Agreonew. I agree that IOS Capital need not notify me of any default under the Agreement and may proceed directly against me without fast proceeding against the Customer or the Equipment, to which event, I will pay all amounts due under the terms of the Agreement. In addition, I will reimburse IOS Capital for any costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guaranty of payment and not of collection. 1 CONSENT TO TIM VENUE AND NON-EXCLUSIVE TURISDICHON OF ANY COURT LOCATED IN EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS GUARANTY. Home Address: 1(((~~~) Guarantor Signature City: State: Zip: Home Phone: S.S.N.: (Printed Name of tor, Do Not Include Title) [Tear on perforation] DELIVERY AND ACCEPTANCE With respect to the Image Management Plus Agreement Number between IOS Capital, Inc. and w customer ("you'), you hereby certify that each item of Equipment described therein has been delivered, installed and accepted and you agree that each such item of Equipment is in good condition and satisfactory for all purposes of such Agreement r 's An't`arized Signer VDL~PAGE 90Pnnted Name Tina • a . 1: :11 :It 1.1 Image Management Plus Agreement Number: IOSCapital" Thank you for choosing IKONI This agreement ("Agreement') has been written in clear, easy to understand language. Please take time to review the terms. When we use "you"or "your", we are referring to you, our Customer. When we use "IKON", we are referring in IKON Office Solutions, Inc., which is the egnipmeot" supplier and one of the largest distributors of office solutions in the world. When we use -we', "in", "our" or "IDS Capital", we are referring to LOS Capital, Inc. the wholly-owned captive finance subsidiary of IKON. Our principal corporate office is louvred at 1738 Bass Road, Macon, GA 31210. CUSTOMER INFORMATION Customer Billing Contact: ~r4avs~o,.~iv?uye..itle Srnices - Full Legal Name Plane (est) Firs: Customer Location Address Customer Billing Address (if different) L]iyd., Rr&z5s 77e63 CityCounty State zip city county Stec Zip EQUIPMENT DESCRIPTION ("Equipment") Quantity Equipment Description: Make, Model, A Serial Number Quantity Equipment Description: Make, Model & Serial Number 1 0.. 3X "JZOO 1=1i+i K KIIJ ❑ Check if Additional Equipment Schedule attached PAYMENT SCHEDULE Minimum Term (mos.) Cast Cos ofAddid®i Guaranteed Advance Payment of Meter Reading/Billing P-ar1lmage hnages minimum For Additional Images (OO S N~Q S OCST Monthly Images S 0,00 -,Monthly (tax included) _Quarterly Without fan Payment Payment Due: -Other Pr Wiltt Sales, Use and Monthly W' ~o _ Apply to 1" Payment (~,wrwl Property Tax S tors, -Quarterly -Other ADDITIONAL PROVISIONS (fist bere, if any): Sales Tu Eaempt al"Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.OA etc.) Addendum Attached ❑ Yes (Check Dyes and indicate total number of pages: ) TERMS AND CONDITIONS 1. You agree to use the Equipment listed above and pay the suns described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE You agree to use this Equipment fer the Minimwt Term indicated above. You agree that the Equipment will be used solely for business purposes and not for personal, family, or household purposes and the "Customer Locs tdon* is a business address. IOS's acceptance of this Agreement, when given, will be indicated by its signature below. 2. Location of Equipment You will keep the Equipment in the customer location specified above. You most obtain our written Permission, which will not be unreasonably withheld, to move the Equipment With reasonable notice, you will allow us or our designee to inspect the Equipment (You further agree that the additional terms and conditions on the reverse side of this Agreement ate isaorpomted by reference into this Agro mr:at) AUTHOI ~ D S NER +OR CUSTOMER THE PERS9 IG T® GREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS F1EISHE HAS THE AUTHORITY TO DO SO. m5 Coe r,+- e NEEMMIME (A rind Si er Signanue) (uthorized igrser Printed Name (Authorized Si r Title) PERSON GUARANTY In consideration of ]OS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will make Ali payments and pay all other charges required under such Agreement whdn they are due, and that the Customer will perform all other obligations under the Agreement fully and promptly. I also agree that IOS Capital may modify the Agreement or make other arrangements with the Customer and I will still be nesponsrble for those payments and other obligations under the Agreement. I agree that LOS Capital need not notify me of my default under the Agreement and may proceed directly against me without first proceeding against the Customer or the Equipment, in which event, I will pay all amounts due under the terms of the Agreement. In addition, I will reimburse LOS Capital for any costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guaranty of payment and not of collection. I CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS GUARANTY. Home Address: Guamnmr Signmme City: State: Zip: - Isd"t 1 j Home Phone: S.S.N.: (Printed Name QLquaramor, Do Not Include Title) (Tear on perforation] DELIVERY AND ACCEPTANCE With respect to the Image Management Plus Agreement Number between LOS Capital, lne. and , as customer ("you'), you hereby certify that each item of Equipment described therein her been delivered, installed and accepted and you agree that each such item of Equipment is in good condition and satisfactory for all purposes of such Agreement a (E4 `ZT' Authorized Sigtar Vol PAGE Printed Name Title • a on, GA 1:' : 1 t -800-1060v' - - AGREEMENT SECTION I THIS AGREEMENT, entered into this 14th day of October 2003, by and between the County of Brazos, State of Texas (hereinafter called the "County'acting herein by Randy Sims, County Judge, hereunto duly authorized, and Kerbow and Associates Consulting, Inc. (hereinafter called "Firm') acting herein by Steve Kerbow. WITNESS THAT: WHEREAS, the County desires to implement a Texas Communit~ Development Program to provide first-time sewer service for West 28 Street under the general direction of a 2003 Texas Community Development Program; and Whereas the County desires to engage Firm to render those administrative services required to implement the activities as stated in the County of Brazos - Texas Community Development Fund Program contract to provide said infrastructure improvements in Brazos County, Texas. NOW THEREFORE, the parties do mutually agree as follows: 1. Scope of Services SECTION II, Scope of Services, is hereby incorporated by reference into this Agreement. This Scope Includes, but is not limited to, all general administrative services required by the current Texas Community Development Program Performance Statement included in the County of Brazos - Office of Rural Community Affairs' contract to provide first-time sewer service on West 28`" Street. 2. Time of Performance - The services of Firm shall commence as of the date of this contract and shall cease on the date of the Office of Rural Community Affairs close-out notification to the County of Brazos. 3. Access to Information - It Is agreed that all Information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined above shall be furnished to Firm by the County and its agencies. VOL - 4. Compensation-and Method-of Payment The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed Twenty-Nine Thousand Dollars ($29,000). Payment to Firm shall be based on satisfactory completion of identified milestones in SECTION III - Payment Schedule of this agreement. 5. Indemnification - The firm shall comply with the requirements of all applicable laws, rules and regulations, and shall Indemnify, defend, and hold harmless the County and Its employees, officers, agents, officials and contractors from and against all liability arising in connection with any act or omission of the Firm. The Firm shall assume full responsibility for payment of Federal, State and local taxes on contributions imposed or required under the Social Security, workmen's compensation and income tax laws. 6. Miscellaneous Provisions a. This Agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. b. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. c. In any case 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 unenforceability 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 herein. d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to and incorporated into this Agreement. 9 AGE 7. Terms and Conditions - This Agreementis-subject to the provisions title, "SECTION IV" Terms and Conditions" and attached hereto and incorporated by referenced herein. 8. Performance Contingency - This Agreement is contingent upon the successful execution of a Contract from Community and Economic Development Programs between the County and the Office of Rural Community Affairs for the purpose as stated In Section I of this Agreement. Should the Contract for. Community and Economic Development Programs between the County and Office of Rural Community Affairs not be executed, and thus the grant not be awarded to the County, this Agreement shall be void and not enforceable. VOL' PAGE -43 SECTION II PROFESSIONAL MANAGEMENT SCOPE OF SERVICES The Firm shall provide the following scope of services: A. Project Management 1. General advise with respect to the implementation of-the project and regulatory matters. 2. Furnish necessary forms and procedures for implementation of the project. 3. 1Provide technical assistance to County personnel who will be directly involved in the program for routine tasks. 4. Assist the County In developing a recordkeeping system consistent with program guidelines, including the establishment and maintenance of program files. 5. Serve as liaison for the County during any monitoring visits by staff representatives from either the Office of Rural Community Affairs (ORCA) or the U.S. Department of Housing and Urban Development (HUD). 6. Assist the County in meeting all special conditions requirements. 7. Prepare and submit to ORCA all required periodic progress and compliance reports. 8. Assist the County in meeting citizen participation, fair housing, personnel, and flood prevention requirements as may be required for participation in the Texas Community Development Program. B. Financial Management 1. Assist the County in proving its ability to manage the grant funds to . the state's audit division. 2. Assist the County in establishing and maintaining a separate bank account, journals and ledgers. 3. Assist the County in submitting the Depository/Authorized Signatory form to ORCA. 4. Assist the County in preparation of requests for funds from ORCA. VOLT 4PAGE 9 S. Assist County to-establish-procedures to handle the use of any TCDP- - program income. C. Environmental Review 1. Prepare environmental assessment. 2. Coordinate environmental clearance procedures with ,other interested parties. 3. Document consideration of any public comments. 4. Prepare any required re-assessment of environmental assessment. 5. Prepare request for release of funds and certifications. D. Acquisition, if required 1. Determine necessary method(s) for acquiring all real property. 2. Assist County/City in obtaining documentation of ownership for City- owned property and/or ROWS. 3. Assist in the preparation of documentation and act on behalf of the County/City to ensure compliance with the Uniform Act for needed acquisition activities. 4. Assist and act in conjunction with County/City on acquisition negotiations for the real property to ensure compliance with the Uniform Act. S. Assist County/City in negotiations with property owner(s) on all City- owned acquisition activities. 6. Maintain a separate file for each acquisition by the County/City. 7. Prepare required acquisition report(s) for County/City review and execution. E. Labor Standards 1. Assist County in determining whether and/or what ORCA contract activities will be carried out in whole or in part via force account labor. 2. Assist County in determining -whether-ornot it will be necessary to hire temporary employees to specifically carry out ORCA contract activities. 3. Assist County in maintaining adequate documentation of personnel, equipment and material expended/used and their costs. 4. Assist County to document compliance with all federal and state requirements related to equal employment opportunity. 5. Assist County to document compliance with the minimum wage and overtime pay requirements. 6. Act as local labor standards officer. 7. Request wage rates from ORCA. 8. Verify construction contractor eligibility 9. Submit notice of contract award, notice of start of construction and final wage compliance report. 10. Conduct pre-construction conference and prepare minutes. 11. Review weekly payrolls and conduct compliance follow-ups. 12. Conduct employee interviews. 13. Maintain monthly employee utilization reports. F. Equal Opportunity 1. Assist the County in developing, implementing and documenting fair housing activities. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. G. Relocation (not anticipated) 1. Assist County in designing local relocation guidelines. 2. Assist County in identifying Individuals to be relocated and prepare appropriate notices. 3. Interview relocatees and identify assistance needs. 4. Maintain a relocation record for each individual/family. XoLq 6. PAGLA 5. Provide education/assistance to relocatees. 6. Inventory local available housing resources and maintain a referral list. H. Audit/Close-Out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Monthly Employee Utilization Report, documentation of fair housing activities and Certificate of Completion. 2. Assist County in responding to any monitoring findings. 3. Assist County in resolving any third party claims. 4. Provide auditor with TCDP audit guidelines. VOLRAGE R8 SECTION III - PAYMENT SCHEDULE The County of Brazos shall pay Kerbow and Associates Consulting, Inc. an amount not to exceed Twenty-Nine Thousand ($29,000) for management and administrative services In connection with the County's 2003 Texas Community Development Program to provide first-time sewer service on West 28v' Street located outside the city limits of Bryan. Payable at the completion of the following program milestones: MILESTONES AMOUNT Proram Initiation 4,000.00 Environmental Assessment 4,500.00 Pro ram Files 4,000.00 Financial Management System 4,000.00 Start of Construction 3,000.00 Labor Standards Compliance 3,000.00 Bid Process 2_'0_ 00.00- EEO/Fa r Housing 2,000.00 Section 3 Plan 1,00-0-00- Close-Out 1 500.00 TOTAL $29j000.00 VOL r1. $AGE PART IV TERMS AND CONDITIONS PROFESSIONAL MANAGEMENT 1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to funll in a timely and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the covenants, agreements, or stipulations of this Contract, the County shall thereupon have the right to terminate this Contract by giving written notice to the Firm of such termination and specifying the effective date thereof, as least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, modes, photographs, and reports prepared by the Finn under this Contract shall, at the option of the County, become its property and the Firm shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding any other term or provision contained herein to the contrary, in no event shall the Finn be liable or responsible for any damages, delays, losses, or claims caused, in whole or in part, by (a) the acts or omissions or persons or entities other than the Firm, or (b) an act or acts of Gods. 2. Termination of Convenience. Either party to this agreement may terminate this Contract at any time by giving at least ten (10) days notice to the other party. If the Contract is terminated by the City as provided herein, the Firm will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due the fault of the Firm, Paragraph 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes in the scope of the services of the Firm to be performed hereunder. Such changes, including any increase or decrease in the amount of the Firm's compensation, which are mutually agreed upon by.and between the County and the Firm, shall be incorporated in written amendments to this Contract. 4. Personnel. A. The Firm represents that he/she has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the County. B. All of the services required hereunder will be performed by the Firm or under his/her supervision and all personnel engaged in the work shall be 8 VOL 41 PAGE 100 fully qualified and shall be authorized or permitted under State and Local - law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the County. Any work or services subcontracted hereunder shall be specked by written contract or agreement and shall be subjected to each provision of this Contract. 5. Assignability. The Firm shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto: Provided, however, that claims money by the Firm from the County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County. 6. Reports and Information. The Firm, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits. The Firm shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the County to assure proper accounting for all project funds, both Federal and non-Federal shares. These reports will be made available for audit purposes to the County or any authorized representative, and will be retained for three years after the expiration of this Contract unless. permission to destroy them is granted by the County. 8. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this contract are confidential and the Finn agrees that they shall not be made available to any individual or organization without the prior written approval of the County. 9. Copyright. No reports, maps, or other documents produced in whole or in part under this Contract shall be subject of an application for copyright by or on behalf of the Firm. 10. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Firm shall save the County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 9 VOL r PAGE 11. Equal Employment Opportunity. During the performance of this Contract, the Finn agrees as follows: A. The Firm will not discriminate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin. The Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading of pay or other forts of compensation; and selegtion for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discrimination clause. B. The Firm will, in all solicitation or advertisement for employees placed by or on behalf of the Firm, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national origin. C. The Firm will cause the foregoing provisions to be inserted in all subcontracts;: for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. D. The Finn will include the provision a. through c. in every subcontractor or purchase order unless exempted. 12. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . 13. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 14. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and, is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the 10 VOL 0 PAGE I q~ greatest extent feasible opportunities for. training and employment be - given lower income residents of the project area and contract for in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous place available to employees and applicants for employment or training. D. The contractor will include the Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulation. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions speed by the grant or loan agreement or contract through which federal assistance is provided and to such sanctions as are speed by 24 C.F.R. Part 135. 15. Section 503 Handicapped (if $2,500 or Over) Affirmative Action for the Handicapped Workers. A. TKa contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. 11 VOL"PAGE 10.3 The contractor agrees to take affirmative action to employ, advance in employment and other wise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. B. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. , C. In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice in a form to be prescribed by Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. E. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the term of Section 503 of Rehabilitation Act 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. F. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such-provisions, including action for non-compliance. 16. Interest of Members of a County. No member of the governing body of the County-and no other officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Firm shall take appropriate steps to assure compliance. 17. Interest of Other Local Public Officials. No members of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the 12 V©L~j PAGE 10' program, shall have any personal financial interest, direct or indirect, in this Contract; and the Firm shall take appropriate steps to assure compliance. 18. Interest of Firm and Employees. The Firm covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The Firm further covenants that in the performance of this Contract, no person having such interest shall be employed. IN WITNESS HEREOF, the parties have hereunto set their hands and seals. Randy Sims, County Judge Steve Kerbow, Secretary-Treasurer County of Brazos, Texas Kerbow and Associates Consulting, Inc. ATTEST: Karen McQueen, County Clerk 13 VOL 40 PAGE 105 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of 12003 ("Effective Date") between the County of Brazos ("OWNER") and Ash & Browne Engineering, Inc.("ENGINEER"). OWNER retains ENGINEER to perform professional services, in connection with the extension of wastewater utilities along West 28'h Street in Bryan, Texas. The project name shall be "West 2e Street Sewer Collection System Improvements" ("Project"). OWNER and ENGINEER in consideration oftheir mutual covenants as set forth herein agree as follows: ARTICLE 1- SERVICES OF ENGINEER 1.01 Scope A. ENGINEER shall provide the Basic and Additional Services set forth herein and in Exhibit A. B. Upon this Agreement becoming effective, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. ARTICLE 2 - OWNER'S RESPONSIBILITIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B. ARTICLE 3 - TIMES FOR RENDERING SERVICES 3.01 General A ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. Unless specific periods of time or specific dates for providing services are specified in this Agreement, ENGINEER's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. B. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or dates are changed through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent, or character of the Project, the time of performance of ENGUMER's services shall-be adjusted equitably. C. For purposes of this Agreement the term "day" means a calendar day of 24 hours. 3.02 Suspension A. If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if ENGINEER's services are delayed through no fault of ENGINEER, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agrecmem. B. If ENGINEER's services are delayed or suspended in whole or in part by OWNER, or if ENGINEER's Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 1 of 16 VOL 1 PAGE 1010 services are extended by Contractor's actions or inactions for more than 90 days through no fault of ENGINEER, ENGINEER shall be entitled to equitable adjustmem .of. rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. ARTICLE 4 - PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER A. For Basic Services - OWNER shall pay ENGINEER for Basic Services performed or furnished under Exhibit A, Part 1, as set forth in Exhibit C. B. For Additional Services - OWNER shall pay ENGINEER for Additional Services performed or furnished under Exhibit A, Part 2, as set forth in Exhibit C. C. For Reimbursable Expenses - In additionto payments provided for in paragraphs 4:O1.A and 4.01_B, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Consultants as set forth in Exhibit C. 4.02 Other Provisions Concerning Payments A. Preparation of Invoices - Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER, unless otherwise agreed. The amount billed in each invoice will be calculated as set forth in Exhibit C. B. Payment of Invoices - Invoices are due and payable within 30 days of receipt If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEERwill be increased at the rate of LO%per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other rehrted charges. Payments will be credited first to interest and then to principal. C. Disputed Invoices - In the event ofa disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid: D. Payments Upon Termination 1. In the event of any termination under paragraph 6.06, ENGINEER will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. 2. In the event of termination by OWNER for convenience or by ENGINEER for cause, ENGINEER, in addition to invoicing for those items identified in subparagraph 4.02.D.1, shall be entitled to invoice OWNER and shall be paid a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date oftermiination, such as reassignment of personnel, costs of terminating contracts with ENGINEER's Consultants, and other related closeout costs, using methods and rates for Additional Services as set forth in Exhibit C. E. Records of ENGINEF.R's Costs - Records of ENGINEERS costs pertinent to ENGINEER's compensation under this Agreement shall be kept in accordance with generally accepted accounting practices. To the extent necessary to verify ENGINEER'scharges andupon OWNER'stimelyrequest, copies of such records will be made available to OWNER at cost. F. Legislative Actions - In the event of legislative actions after the Effective Date of the Agreement by any level of govemmem that impose taxes, fees, or costs on ENGINEER's services or other costs in connection with this Project or compensation therefor, such new takes, fees, or costs shall be invoiced Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 2 of 16 VOLYO PAGE I07 to and paid by OWNER as a Reimbursable Expense to which a Factor of 1.0 shall be applied. Should such taxes, foes, or costs be imposed, they shall be in addition to ENGINEER's estimated total compensation. ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However, since ENGINEER has no control over the cost of Libor, materials, equipment, or. services famished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions ofprobableConstruction CostlimparedbyENGINEER. IfOWNER wishes greaterassurance as to probable Construction Cost, OWNER shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between OWNERand ENGINEER, such Construction Cost limit and a statement of ENGINEER's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement 5.03 Opinions of Total Project Costs A. • ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by manbers'of - ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. B. ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and OWNER shall not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in OWNER-famished information. C. ENGINEER shall perform or firrmsh professional engineering and related services in all phases of the Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime professional for the Project. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or Punishing of the services. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER D. ENGINEER and OWNER shall comply with applicable laws or Regulations and OWNERmandated standards. This Agreement is based on tbese requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to OWNEWs responsibilities or to ENGINEER's scope of services, times of performance, or compensation. E. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of Conuaa No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 3 of 16 VOL ~`J PAGE W 1 . n all requirements, programs, instructions, reports, data, and other information furnished by OWNER to ENGINEER pursuant to this Agreement. ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. OWNER shall make decisions and carry out its other responsibilities in a timely maanerand shall bear all costs incident thereto so as not to delay the services of ENGINEER G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E, "Notice ofAcceptability of Work," or ofmry other notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the tens of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested. H. ENGINEER shall not be required to sign any do=nerds, no matter by whom requested, that would result in the ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER's signing any such certification. 1. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures ofoonstruction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. J. ENGINEER neither guarantees the performance ofany Contractor nor assumes responsibility for any Contractor's failure to famish and perfomt the Work in accordance with the Contract Documents. K. • ENGINEER shall not be responsible for the ads or omissions of any Contractor(s), subcontractor or supplier, or of any ofthe Contractor's agents or employees or any other persons (except ENGINEER's own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. L. If applicable, the General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. 1910-8, 1996 Edition). 6.02 Authorized Project Representatives A. Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall designate specific individuals to act as ENGINEER's and OWNER'S representatives with respect to the services to be performed or fiunished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. 6.03 Design without Construction Phase Services A. Should OWNER provide Construction Phase services with either OWNER's representatives or a third party, ENGINEER's Basic Services trader this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A. B. It is understood and agreed that if ENGINEER's Basic Services under this Agreement do not include Project observation, or review of the Contractoes performance, or any other Construction Phase services, and that such services will be provided by OWNER, then OWNERassumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the ENGINEER that may be in any way connected thereto. Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 4 of 16 VOLqq PAGE 10 6.04 Use of Documents A. All Documents are instruments of service in respect to this Project, and ENGINEER shall retain an ownership and property interest therein (including the right of reuse at the discretion of the ENGINEER) whether or not the Project is completed. B. Copies of OWNER furnished data that may be relied upon by ENGINEER are limited to the printed copies (also known as hard copies) that are delivered to the ENGINEER pursuant to Exhibit B. Files in electronic media format of text, data, graphics, or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER Files in electrunic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenienceofOWNER. Any conclusion or information obtained or derived from such electronic files will be at the users sole risk. D. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER E. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Project. F. OWNER may make and retain copies of Documents for information and reference in connection with use on the Project by OWNER. 'Such Documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any such reuse or modifieationwithout written verification or adaptaticuby ENGINEER, as appropriate for the specific purpose intended, will be at OWNER's sole risk and without liability or heal exposureto ENGINEER or to ENGINEER's. Consultants. OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's Consultants from all claims, damages, losses, and expenses, including attomeys' fees arising out of or resulting therefrom. G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H. Any verification or adaptation of the Documents for extensions of the Project or for any other project will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 6.05 Insurance A. ENGINEER shall procure and maintain insurance for protection from claims under worker's -compensation acts, claims for damages because of bodily injury including personal injury, siclmess or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of user resulting therefrom. B. OWNER shall procure and maintain similar coverage for am ofits employees engaged on the Project, and shall require all construction contractors associated with the Project to procure and maintain at least statutory workmen's compensation and contractor's liability coverage. Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 5 of 16 VOL PAGE 1111 6.06 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform m accordance with the terms hereof through no fault of the terminating party. b. By ENGINEER 1) upon seven days written notice if ENGINEER believes that ENGINEER is being requested by OWNER to fi msh or perform services contrary to ENGDmFR's responsibilities as a licensed professional; or 2) upon seven days written notice if the ENGINEER's services for the Project are delayed or suspended for more than 90 days for reasons beyond ENGINEER's control. 3) ENGINEER shall have no liability to OWNER on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof, provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By OWNER effective upon the receipt of notice by ENGINEER B. The terminating party under paragraphs 6.06.A.I or 6.06.A.2 may set the effective date oftennination at a time up to 30 days later than otherwise provided to allow ENGINEER to.deamobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 6.07 Controlling Law A. This Agreement is to be governed by the law of the State of Texas. 6.08 Successors, Assigns, and Beneficiaries A. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 6.08.13 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignmwt, no assignment will release or discharge the assignor from anyduty or, responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractors subcontractor, supplier, other Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 6 of 16 VQL-YI-PAGE N individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.C shall appear in the Contract Documents. 6.09 Dispute Resolution A. OWNER and ENGINEER agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior, to exercising their rights or other provisions of this Agreement, or under law. In the absence of such an agreement, the parties may exercise their rights under law. B. OWNER and ENGINEER agree that they shall first submit any and'. all unsettled claims, counterclaims, disputes, and other matter in question between them arising out of or relating to the Agreement or the breach thereof ("Disputes') to mediation. 6.10 Hazardous Environmental Condition A. OWNER represents to ENGINEER that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. OWNER has disclosed to the best of its knowledge to ENGINEER the existence of all Asbestos, PCB'S, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type, quantity and location. C. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. D. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Environmental Condition. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion ofthe Project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, ramediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. E. OWNER acknowledges that ENGINEER is performing'professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCI.A), which are or may be encountered at or near the Site in connection with ENGINEER's activities under this Agreement. F. If ENGINEER's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER's terminating this Agreement for cause on 30 days notice. 6.11 Allocation of Risks A. Indemnification 1. To the fullest extent permitted by law, ENGINEER shall indemnify and bold harmless OWNER, OWNER's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement Contract No. 02-017 Stardard Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 16 VOL~q PAGE !la 2. Tothefallestextentpermittedbylaw, OWNERshallindenmifyandholdbarmlessENGINEER, ENGINEER's officers, directors, partners, employees, and ENGINEER's Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and OWNER's consultants with respect to this Agreement or the Project. 3. To the fullest extent pernitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss, or damages caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's.negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. 4. In addition to the indemnity provided under paragraph 6.11.A.2. of this Agreement, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees, and ENGINEER's Consultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from a Hazardous Environmental Condition, provided that (i) any such cost, loss, or damage is attributable to bodily injury, siclmess, disease, or death, or to injury to or destruction of tangible property (other than completed Work), including the loss ofuse resultingtherefrom, and (ii) nothing inthis paragraph 6.11 AA. shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or will&l misconduct. 5. The indemnification provision ofparagraph 6.11.A.1. is subject to and limited by the provisions agreed to by OWNER and ENGINEER as stated in 6.11.B. A. ENGINEER''sLiability toAmountoflnsuranceProeeeds -ENGINEER shall procure and maintain insurance as required by'and set forth in Exhibit G to this Agreement Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEEWs officers, directors, partners, employees, agents, and ENGINEER's. Consultants, and any of them, to OWNER and anyone claiming by, through, or under OWNER for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement form any cause or causes, including but not limited to the negligence, professional error or omissions, strict liability or breach of contract, or warranty express or implied, of ENGINEER or ENGINEER's officer directors, partners, employees, agents, orENGINEER's Consultants, or any ofthem(hereafter "OWNEWs Claims"), shall not exceed the total insurance proceeds paid on behalf of or to ENGINEER by ENGINEER's insurers in settlement or satisfaction of OWNER's Claims under the terms and conditions of ENGINEEWs insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustments, defense, and appeal). 6.12 Notices A. Any notice required trader this Agreement will be in writing, addressed to the appropriate parry at its address on the serrature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 6.13 Survival A. All express representations, indemnifications, or Limitations ofliability included in this Agreement will survive its completion or termination for any reason. Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 8 of 16 VOL~PAGQ/-5 6.14 Severability A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be decried stricken,-and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agent shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.15 Waiver A. Nonenforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 6.16 Headings A. The headings used in this Agreement are for general reference only and do not have special significance. 6,17 Assignability The ENGINEER shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the OWNER thereto: provided, however, that claims for money by the ENGINEER fiom the OWNER under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be f urrished promptly to the OWNER. 6.18 Report and Information A. The ENGINEER, at such times and in such forms as the OWNER may require, shall furnish the OWNER such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the cast and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6.19 Findings Confidential A. All of the reports, information, data, etc., prepared or assembled by the ENGINEER under this contract are confidential and the ENGINEER agrees that they shall not be made available to any individual or organization without the prior written approval of the OWNER. 6.20 Equal Employment Opportunity A. During the perfomaance of this Contract, the ENGINEER agrees as follows: 1. The ENGINEER will not discriminate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin., The ENGINEER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recmitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the OWNER setting forth the provisions of this non-disennunation clause. 2. The ENGINEER will, in all solicitation or advertisements for employees placed by or on behalf Contract No. 02-017 Standard Form of Agreement Between owner and Engineer for professional Services Page 9 of 16 VOL*1 PAGEL/~ , ofthe ENGINEER, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national original. 3. The ENGINEER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contractors or subcontractors for standard commercial supplies or raw materials. 4. The ENGINEER will include the provisions a. through c. in every subcontract or purchase order unless exempted. 6.21 Civil Rights Act of 1%4 A. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds ofrace, color, or national origin, be excluded from participation in, be denied the benefits o1; or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6.22 Section 109 of the Housing Community Development Act of 1974 A. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits o$ or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 6.23 "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Office of Housing and Urban Development and is subject to the requirements of Section 3 ofthe Housing and Urban Development Act of 1968, as amended, 12 U.S.C.. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in, or owned in substantial part by persons residing in the area of the project. ..B. The parties to this contract will complywith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and ` all applicable rules and orders of the Office issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability that would prevent them form complying with these requirements. C. The contractor will send to each labor organization or representative ofworkers with which heJshe has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause is every subcontract for work in connection with the project and will, at the direction of the application for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 10 of 16 von-Paced I5 applicable rules and orders of the Office issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project,. binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 6.24 Section 503 Handicapped (if 52,500 or Over) Affirmative Action for Handicapped Workers A. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or temmmation, rates of pay or other forms of compensation, and selection for tramm& including apprenticeship. B. The contractor agrees to comply with the rules, regulations, and relevant order of the Secretary of Labor issued pursuant to the Act. C. In the event of the contractor's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant order ofthe Secretary of Labor issued pursuant to the Act. D. The contractor agrees to post in conspicuous places, available to employees and applicant for employment, notice in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment and the rights of applicants and employees. E. The contractor will notify each labor union or representative of workers with it has collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and it is committed to take affirmative action to employ and advance in employment physically and meotally handicapped individuals. F. The contractor will include the provisions of this clause in every subcontractor.purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontractor or purchase order as Director of Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 6.25 Interest of ENGINEER and Employees A. The ENGINEER covenants that belshe presently has no interest and shall not acquire interest, director indirect, in the study area or any parcels therein or any other interest which would conflict in any mamer or degree with the performance of his/her services hereunder. The ENGWEER further covenants that in the performance of this Contract, on person having sucdr interest shall be employed. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 11 of 16 VOL #9 PAGE 116 A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meanings indicated, which are.applicable to both the singular and plural thereof. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services - The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 2 of this Agreement. 3. Agreement - This "Standard Form of Agreement between OWNER and ENGINEER for Professional Services," including those Exhibits listed in Article 8 hereof. 4. - Application for Payment - The form acceptable to ENGINEER which is to be used by Contractor in requesting progress or final payments for the completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services - The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 1, of this Agreement. 7. Bid - The offer, or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidding Documents - The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bidbond, ifany, the proposed Contract Documents, and all Addenda, if any. 9. Change Order - A document recommended byENGINEER, which is signed by Contractor and OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Tortes, issued on or after the Effective Date of the Construction Agreement. 10. Construction Agreement - The written instrument which is evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the Work. 11. Construction Contract-The entire and integrated written agreement between the OWNER and Contractor concerning the Work. 12. Construction Cost - The cost to OWNER of those portions of the entire Project designed or specified by ENGINEER Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 13. Contract Documents Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between OWNER and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date ofthe Construction Agreement. Approved Shop Drawings Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of 16 VOL 0 PAGE 0 and the reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price - The moneys payable by OWNER to Contractor for-completion of the Work in accordance with the Contract Documents and as stated in the Construction Agreement. 15. Contract Times - The numbers of days or the dates stated in the Construction Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment 16. Contractor - An individual or entity with whom OWNER enters into a Construction Agreement. 17. Correction Period - The time after Substantial Completion during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by haws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 18. Defective An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of, any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment. 19. Documents-Data, reports, Drawings, Specifications, Record Drawings, andotherdeliverables, whether in printed or electronic media format, provided or frunished in appropriate phases by ENGINEER to OWNER pursuant to this Agreement. 20. Drawings - That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 21. Effective Date of the Construction Agreement - The date indicated in the Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 22. Effective Date of the Agreement - The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on winch the Agreement is signed and delivered by the last of the two parties to sign and deliver. 23. ENGINEER's Consultants - Individuals or entities having a contract with ENGINEER to furnish services with respect to this Project as ENGINEER's independent professional associates, consultants, subcontractors, or vendors. The term ENGINEER includes ENGINEER's Consultants. 24. Field Order - A written order issued by ENGINEER which directs minor changes in the Work but which does not involve a cbange in the Contract Price or the Contract Times. 25. General Conditions - That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. 26. Hazardous Environmental Condition - The presence at the Site of Asbestos, PCB'S, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 27. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 28. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, Contract No. 02-017 Standard Form of Agrecment Between Owner and Engineer for Professional Services Page 13 of 16 VOL_~9 PAGE~ authorities, and courts having jurisdiction. 29. PCBs - Polychlorinated bipbenyls. 30. Petroleum - Petroleum, including crude oil or any fiaction thereof which is liquid at standard conditions oftemperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil reuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 31. Radioactive Materials - Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 32. Record Drawings -The Drawings as issued for construction on which the ENGINEER, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which ENGINEER considers significant based on record documents furnished by Contractor to ENGINEER and which were annotated by Contractor to show changes made during construction. 33. Reimbursable Fapenses - The expenses incurred directly by ENGINEER in connection with the performing or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit C. 34. Resident Project Representative - The authorized representative of ENGINEER, if any, assigned to assist ENGINEER at the Site during the Construction Phase. The Resident Project Representative will be ENGINEER's agent or employee and under ENGINEER's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by OWNER The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit D. 35. Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 36. ShopDrowings-Alldrawings, diagtams,illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to ENGINEER to illustrate some portion of the Work. 37. Site - Lands or areas indicated in the Contract Documents as being famished by OWNER upon which the Work is to, be performed, rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for use of Contractor. 38. Specifications - That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and worlananslup as applied to the Work and certain administrative details applicable thereto. 39. Substantial Completion - The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is ice. The terms "substantially complete" and "substantially completed" as applied to all or part ofthe Work refer to Substantial Completion thereof. 40. Supplementary Conditions - That part of the Contract Documents which amends or supplements the General Conditions. 41. Total Project Costs -The sum of die Construction Cost, allowances for contingencies, the total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. . Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 14 of 16 VOL_~J PAGE dl l 42. Work - The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is. the result of performing or furnishing labor, services, and documentation necessarytoproduce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 43. Work Change Directive - A wntten directive to Contractor issued on or afterthe Effective Date of the Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 44. WrlttenAmendment-AwrittenamendmentoftheContractDocumentssignedbyOWNERand Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non-engineering ornon-technical rather than strictly construction-related aspects ofthe Contract Documents. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, "ENGINEER'S Services," consisting of 8 pages. B. Exhibit B, "OWNER's Responsibilities," consisting of 2 pages. C. Exhibit C, "Standard Hourly Rates," consisting of 3 pages. D. Exhibit D, NOT APPLICABLE. E. Exhibit E, NOT APPLICABLE. F. Exhibit F, NOT APPLICABLE. G. Exhibit G, "Insurance", consisting of 1 page. 8.02 Total Agreement A. This Ageement (consisting of pages I to 16 inclusive, together with the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Contract No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page IS of 16 VOL Y9 PAGE Ina iN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: Count of Brazos ENGINEER Ash & Browne Engineering, Inc. Randy Sims, County Judge J. Dale Browne, Jr. P.E,, President Date Signed Date Signed ' Address for giving notices: Address for giving notices: County of Brazos Ash & Browne Engineering Inc. . 300 East 26"' Strut P.O. Box 10839 Bryan, Texas 77803 College Station, Texas 77842 Designated Representative (paragraph 6.02.A): Designated Representative (paragraph 6.02A): J. Dale Browne. Jr., P.E., Project Manager Phone Number: Phone Number: 979-846-6914 Fax Number: Fax Number. 979-846-8914 E-hW Address: E-Mail Address: abei(rdbrcvber.com Connect No. 02-017 Standard Form of Agreement Between Owner and Engineer for Professional Services Page 16 of 16 VOL'~9 PAGE EXMBIT A Part of the Agreement between OWNER and ENGINEER for Professional Services ENGINEER's Services Article 1 ofthe Agreement is amended and supplemented to include the following agreement ofthe parties. ENGINEER shall provide Basic and Additional Services as set forth below. PART I - BASIC SERVICES A1.01 Study and Report Phase - NOT APPLICABLE. A1.02 Preliminary Design Phase A. After acceptance by OWNER of the Report, selection by OWNER of a recommended solution and indication ofany specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall: 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. 3. Provide necessary boundary surveying and legal descriptions with drawings for easements associated wit the Project. 4. Advise OWNER if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist OWNER m obtaining such reports, data, information, or services. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: a) Meet with OWNER at end of preliminary phase to discuss preliminary design. B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to OWNER. A1.03 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER- directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, ENGINEER shall: 1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications Institute. 2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for permits from or approvals, of governmental authorities having jurisdiction to review or approve the final design of the Project and assist OWNER in consultations with Contract No. 02-017 Exhibit A - ENGINEER's Services Page I of 8 VOL ~~f PA GE ~aa appropriate authorities. 3. Prepare railroad/highway permits as need for Project approval. 4. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER 5. Perform or provide the following additional Final Design Phase tasks or deliverables: a. Meet with OWNER at 75% design completion stage to discuss status of Project. 6. Prepare and furnish two (2) copies of the Bidding Documents and Construction Drawings for review and approval by OWNER, its legal counsel, and other advisors, as appropriate, and assist OWNER in the preparation of other related documents. 7. Submit five (5) final copies of the Bidding Documents, Construction Drawings and a revised opinion of probable Construction Cost to OWNER B. In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work ofone or more prime Contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement ofthe Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's compensation has been established under this Agreement is one (1). D. ENGINEER's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A1.03.A.6 have been delivered to OWNER. A1.04 Bidding or Negotiating Phrase A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall: 1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain arecord ofprospective bidders to whom Bidding Documents have been issued, attend pre-Bid conferences, ifany, and receive and process Contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Conhador for those portions ofthe Work as to which such acceptability is required by the Bidding Documents. 4. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: a. Make 10-day call to confirm prevailing wage decision issued by Office of Rural community Affiirs and modify wage rate with addendum, if required. 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of this Agreement) A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, ENGINEER shall: Contract No. 02-017 Exhibit A - ENGINEER's Services Page 2 of 8 VOL Y9 PAGE U.5 1. General Administration of Construction Contract - Consult with OWNER and act as OWNER's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR) - NOT APPLICABLE. 3. Selecting Independent Testing Laboratory - Assist owner in the selection of an independent testing laboratory. 4. Pre-Construction Conference - Participate in a Pre Construction Conference prior to commencement of Work at the Site. 5. Benchmarks - As appropriate, set benchmarks for establishing vertical control for the Work which in ENGINEER's judgment are necessary to enable Contractor to proceed. 6. Visits to Site and ObservationofConstruction - In connection with observations ofContractoes work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contmctoes work in progress or to involve detailed inspections of Contractors work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgmeut as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. b., The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. ENGINEERshall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractors work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 7. Defective Work - Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that Contract No. 02-017 Exhibit A - ENGINEER's Services Page 3 of 8 VOL PAGE it will prejudice the integrity ofthe design concept ofthe completed Project as a functioning whole as indicated in the Contract Documents. 8. Clarifications and Interpretations; Field Orders - Issue necessary clarifications and interpretations ofthe Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 9. Change Orders and Work Change Directives - Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 10. Shop Drawings and Samples Review and approve or take other appropriate.action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures ofconstruction or to safety precautions and programs incident thereto. ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER. 11. Substitutes and "or-equal " -Evaluate and determine the acceptability ofsubstitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2. of this Exhibit A. 12. Inspections and Tests - Require such special inspections ortests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose ofdeterrnining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 13. Disagreements between OWNER and Contractor - Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 14. Applications for Payment - Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be, writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief; Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to.Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibilityto observe Contractor's work. lathe case of unit price work, ENGINEER's recommendations of payment will include final determinations of Contract No. 02-017 Exhibit A - ENGWEER's Services Page 4 of 8 VOL t% PAGE I ~S quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER contained in paragraph AI.05.A.6.a. are expressly subject to the limitations set forth in paragraph AI,05.A.6.b. and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractors work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work inprogress or for the means, methods, techniques, sequences, or procedures ofoonstrnction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNERfrceand clear ofany liens, chiirns, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 15. Contractor's Completion Documents a. Receive and review maintenance and operating instructions, schedules, and guarantees, b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under, paragraph A1.05A.10, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such ENGINEER's review will be limited as provided in paragraph A1.05.A.10. c. ENGINEER shall transmit these documents to OWNER. 16. Substantial Completion - Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine ifthe Work is Substantially Complete. Ifafter considering any objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 17. Additional Tasks - Perform or provide the following additional Construction Phase tasks or deliverables: a, None 18. Final Notice of Acceptability of the Work - Conduct a final inspection to determine if the completed Work ofContractor is acceptable so that ENGINEER mayrecommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of paragraph A1.05A. 14.b) to the best ofENGINEER's knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. B. Duration of Construction Phase - The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one Contract No. 02-017 Exhibit A - ENGINEER's Services Page 5 of 8 VOL_ _PAGE /a(P prime contract as indicated in paragraph A1.03.C, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Dimiation ofResponsibilities ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.06 Post-Construction Phase A. Upon written authorization from OWNER, ENGINEER, during the Post-Constriction Phase, shall: 1. Provide assistance in connection with the testing and adjusting of Project equipment or systems, if applicable. , 2. Assist OWNER in training OWNER's staff to operate and maintain Project, equipment, and systems, if applicable. 3. Assist OWNER in developing procedures for control of the operation and maintenance of, and record keeping for Project equipment and systems, if applicable. 4. Together with OWNER, visit the Project to observe any apparent defects in the Work, assist OWNER in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, ifpresent. .5. Perform or provide the following additional Post-Construction Phase tasks or deliverables: a. None 6. In company with OWNER or OWNER's representative, provide an inspection of the Project within one month before the end of the One-Year Warranty Period to ascertain whether any portion of the Work is subject to correction. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate at the end of the One-Year Warranty Period. PART 2 - ADDITIONAL SERVICES A2.01 Additional Services Requiting OWNER's Authorization in Advance .A. Ifauthorized inwritingby OWNER ENGINEERshall fiunish or obtain from others Additional Services of the types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement. I. Preparation ofapplications and supporting documents (m addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review ofenvironmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information famished by OWNER. 3. Services resulting from significant changes in the scope, extent, or character ofthe portions ofthe Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER'S schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond ENGINEER's control. 4. Services resulting from OWNER's request to evaluate additional Study and Report Phase Contract No. 02-017 Exhibit A - ENGINEER's Services Page 6 of 8 VOL 0 PAGE I al alternative solutions beyond those identified in paragraph A1.0 I A.4. (NOTE: If Item A 1.01 A.4 is Not Applicable, this item is not applicable.) 5. Services required as a result of OWNER's providing incomplete or incorrect Project information with respect to Exhibit B. 6. Providing renderings or models for OWNER's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by OWNER. 8, Furnishing services of ENGINEER's Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in paragraph A1.03.C. 10, Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12, Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 14, Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 15. Providing construction surveys and staking to enable Contractor to perform its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C. 17, Providing assistance in resolving any Hazardous Environmental Condition in compliance with current Laws and Regulations. 18. Preparing and furnishing to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. 20. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other dispute resolution process related to the Project. 21. Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER under paragraph 6.0I.G. of the Agreement. 22. Other services performed or famished by ENGINEER not otherwise provided for in this Agreement. A2.02 Required Additional Services A. ENGINEER shall perform or furnish, without requesting or receiving specific advance authorization from OWNER, the Additional Services of the types listed below. ENGINEER shall advise OWNER in writing promptly after starting any such Additional Services. 1. Services in connection with Work Change Directives and Change Orders to reflect changes Contract No. 02-017 Exhibit A - ENGINEER's Services Page 7 of 8 VOL 411 PAGE fag requested by OWNER so as to make the compensation commensurate with the extent of the Additional Services rendered. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by OWNER prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. Contract No. 02-017 Exhibit A - ENGINEER`s Services VI 8 of 8 VOL 79 PAGE ~a EXHIBIT B Part of the Agreement between OWNER and ENGINEER for Professional Services OWNER's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01ln addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and fiunish copies of OWNER's standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. - B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following ENGINEER's assessment of initially-available Project information and data and upon ENGINEER's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affcets the scope or time of performance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor. E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER toperform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER.deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Contract No. 02-017 Exhibit B - OWNER's Responsibilities Pagel of 2 VOLAPAGE1,307' H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. 1. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or ENGINEER reasonably requests. 3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and conshuctibility review. K. Furnish to ENGINEER data as to OWNER's anticipated costs for services to be provided by others for OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's opinion of Total Project Costs. L. If OWNER designates a construction manager or an individual or entity other than, or in addition to, ENGINEER to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B' the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER M. If more than one prime contract is to be awarded for the Work designed or specified by ENGINEER, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction.progress and other job related meetings, and Substantial Completion and final payment inspections. 0: Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of OWNER, prior to their incorporation into the Work with appropriate professional interpretation thereof. P. Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the identity of such individual or entity to ENGINEER) as OWNER determines necessary to verify: 1. That Contractor is complying with any Laws and Regulations applicable to Contractor's performing and furnishing the Work. 2. That Contractor is taking all necessary precautions for safety of persons or property and complying with any special provisions of the Contract Documents applicable to safety. Q. Provide ENGINEERwith the findings and reports generated by the entities providing services pursuant to paragraphs B2.01.0. and P. R Perform or provide the following additional services: 1. Selection of independent testing laboratory. Contract No. 02-017 Exhibit B - OWNER's Responsibilities Page 2 of 2 VOL q ME ICI EXHIBIT C Part of the Agreement between OWNER and ENGINEER for Professional Services Payment to ENGINEER for Services and Reimbursable Expenses Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 - PAYMENTS TO THE ENGINEER C4.01 For Basic Services Having A Determined Scope Lump Sum Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, except for services of ENGINEER's Resident Project Representative and Post-Construction Phase services, if any, as follows: 1. A Lump Sum amount of $31,750.0 0 based on the following assumed distribution of compensation: Phase Amount Contract Time* (days) a. Preliminary Design Phase $ 6.500.00 60 b. Final Design Phase $ 14.500.00 100 C. Bidding and Negotiating Phase $ 1.500.00 45 d. Construction Phase $ 9250.00 180 *Contract time shall start upon receipt of signed contract by ENGINEER 2. ENGINEER may alterthe distribution of oompeosation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. 3. The Lump Sum includes compensation for ENGINEER's services and services ofENGINEER's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed fur ENGINEER's services will be based upon ENGJNEER's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. 5. The Lump Sum is conditioned on Contract Times for each pbase of the project. Should the Contract Time to complete the a phase is extended (through no fault of ENGINEER) beyond the time indicated, the total compensation to ENGINEER shall be appropriately adjusted. 4.02 For Basic Services Having An Undetermined Scope - Standard Hourly Rates Method of payment A. OWNER shall Pay ENGINEER for Basic Services having an undetermined scope as follows: 1. Resident Project Representative Services - Not Applicable. 2. Post-Construction Phase Services - For Post-Construction Phase services under paragraph A1.06 of Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class Contract No. 02-017 Exhibit C - Payments to ENGINEER for Services and Reimbursable Expenses Page 1 of 3 2 VOL L PAGE for all services performed on the Project, plus Reimbursable Expenses and ENGINEER' s Consultant's charges, if any. The total compensation under this paragraph is estimated to be $9--00- 4.03 For Additional Services A. OWNER shall pay ENGINEER for Additional Services as follows: 1. General - For services of ENGINEER's employees engaged directly on the Project pursuant to paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under paragraph A2.0l.A.20, an amount equal to the cumulative hours charged to the Project by each class ofENGINEER's employees times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus Reimbursable Expenses and ENGINEER's Consultant's charges, if any. The total compensation under this paragraph is estimated to be $2,000.00 (includes: materials testing). 2. Serving as a Witness - For services performed by ENGINEER's employees as witnesses giving testimony in any litigation, arbitration, or other legal or administrative Proceeding under paragraph A2.01.A.20, at the rate of $150 per hour or any portion thereof (but compensation for time spent in preparing to testify in any such litigation, arbitration, or proceeding will be on the basis provided in paragraph C4.03.A.I). Compensation for ENGINEER's Consultants for such services will be on the basis provided in paragraph C4.06. 4.04 For Reimbursable Expenses A. When not included in compensation for Basic Services under paragraph C4.01, OWNER shall pay Expenses at the rates set ENGINEER for Reimbursable Expenses incurred in connection with all Additional Services. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing andmaintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and their assistants; toll telephone calls; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A, and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, if authorized in advance by OWNER, Reimbursable Expenses will also include expenses incurred for computer time and the use of other highly specialized-equipment. C. The amounts payable to ENGINEER for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by ENGINEER, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of 1.10%. 4.05 Standard Hourly Rates A. Standard Hourly Rates are set forth in Appendix 1 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. B. The Standard Hourly Rates is effective January 1, 2002 and may be modified thereafter by the ENGINEER, at his discretion. 4.06 For ENGINEER's Consultant's Charges A. Whenever compensation to ENGINEER herein is stated to include charges of ENGINEER's Consultants, those charges shall be the amounts billed by ENGINEER's Consultants to ENGINEER times a Factor of 1.10. Contract No. 02-017 Exhibit C - Payments to ENGINEER for Services and Reimbursable Expenses Page 2 of 3 VOL #1 PAGES 4.07 Factors A. The external Reimbursable Expenses and ENGINEER's Consultant's Factors include ENGINEER's overhead and profit associated with ENGINEER's responsibility for the administration ofsuch services and costs. 4.08 Other Provisions Concerning Payment A. Progress Payments - The portion of the amounts billed for ENGINEER's services which are related to the services identified in paragraphs C4.02 and C4.03, will be during the billing period based on the cumulative hours charged to the Project by each class of ENGINEER's employees times the Standard Hourly Rate for each class plus Reimbursable Expenses and ENGINEER's Consultant's charges, if any. B. Extended Contract Times - Should the Contract Times to complete the Work be extended beyond the period identified in paragraph C4.01, payment for ENGINEER's services shall be continued based on the Standard Hourly Rates Method of Payment. C. Estimated Compensation Amounts 1. ENGINEER's estimate of the amounts that will become payable for Basic Services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to ENGINEER under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to ENGINEER that a compensation amount thus estimated will be exceeded, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of services remaining to be performed and compensation for such services. OWNER shall either agree to such compensation exceeding said estimated amount or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER, so that total compensation for such services will not exceed said estimated amount when such services are completed. If ENGINEER exceeds the estimated amount before OWNER and ENGINEER have agreed to an increase in the compensation due ENGINEER or a reduction in the remaining services, the ENGINEER shall be paid for all services rendered hereunder. Contract No. 02-017 Exhibit C - Payments to ENGINEER for Services and Reimbursable Expenses . Page 3 of 3 VOL Y9 PAGE 1.314 APPENDIX 1 TO EXHIBIT C Part of the Agreement between OWNER and ENGINEER for Professional Services Schedule of Per Contract Standard Hourly Rates as of January 1 2003 Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect on the date of the Agreement area: Personnel Hourly Rate Principal $95.00 Engineer II $75.00 EngineerI $65.00 Graduate Engineer/E.I.T. $50.00 CAD/Technician $40.00 Administration $35.00 Contract No. 02-017 Appendix 1 to Exhibit C - Payments to ENGINEER for Services and Reimbursable Expenses Page 1 of 1 VOL PAGE 135 EXHIBIT G e Part of the Agreement between OWNER and ENGINEER for Professional Services Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties G6.05 Insurance A. The limits of liability for the insurance required by paragraph 6.05.A and 6.05.11 of the Agreement are as follows: 1. By ENGINEER a. Workers' Compensation Statutory b. General Liability i. Each Occurrence $1,000,000 H. General Aggregate $2,000,000 C. Automobile Liability i. Combined Single Limit $1,000,000 d. Professional Liability i. Per Claim $500,000 ii. Aggregate $500,000 Contract No.02-017 Exhibit G - Insurance Pagel of l VOL41 PAGE J3~P RESOLUTION PROMOTING FAIR HOUSING WHEREAS Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and declares it a national policy to provide, within constitutional limits, for fair housing in the United States; and WHEREAS The principle of Fair Housing is not only national law and national policy, but a fundamental human concept and entitlement for all Americans; and WHEREAS The National Fair Housing Law provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all Americans. NOW, THEREFORE, WE, the County Commissioners of the County of Brazos, hereby urge all the citizens of the locality to become aware of and support the Fair Housing law. IN WITNESS WHEREOF we have affixed our signatures and seal on this the 14th day of October 2003. Randy Sims, County Judge Attest: Karen McQueen, County Clerk VOLy PAGE I DESIGNATION FORM FOR SECTION 504 AND EQUAL OPPORTUNITYIFAIR HOUSING OFFICER City/County: County of Brazos TCDP Contract 723069 Address: 300 East 269h Street. Suite 114 Bryan. Texas 77603 Telephone No.: 97913614101 tRtittlttHt:ltRSttRttt}Rtk+ltRR1RfA}ffYtlRRtRtIRt}RtttRRkMtRRR}ffHllfMR}R1tRtVifttttRltt*RttRtttlfRfMtYYYktR:ttR I, Randy Sims, County Judge, do hereby appoint myself, as the Fair Housing/Equal Opportunity/Section 504 Standards Officer for the County of Brazos. The Fair Housing/Equal Opportunity/Section 504 Standards Officer shall be responsible for the oversight and compliance of fair housing and equal opportunity activities to be performed by the County of Brazos, as required by the Texas Community Development Program Contract No. 723069. The Fair Housing/Equal Opportunity/Section 504 Standards Officer is responsible for being familiar with and adhering to all civil rights laws and regulations pertaining to the Texas Community Development Program, including those described in the TCDP Implementation Manual and those listed on Exhibit D of the TCDP contract. Fair Housing/Equal Opportunity/Section 504 Standards Officer: Appointed by: Date: VOL~PAGE 139 ATTACHMENT 11-E - APPOINTMENT OF LABOR STANDARDS OFFICER TCDP Contract No. 723069 Contractor Locality: County of Brazos I, Randy Sims, County Judge, hereby appoint Kerbow and Associates Consulting, Inc. as the Labor Standards Officer for the aforementioned contract. The appointed Labor Standards Officer is assigned to oversee the labor portion of the contract and will be responsible for assuring compliance with all requirements under Chapter 11 of the Texas Community Development Program Project Implementation Manual. Appointed Labor Standards Officer. Kerbow and Associates Consulting, Inc. Address: P.O. Box 1253 New Ulm, Texas 78950-1253 Telephone Number: 9791992-3940 I acknowledge the appointment and duties of Labor Standards Officer. Signature: Date: October 14, 2003 Appointed by: Randy Sims Title: County Judge Signature: Date: October 14, 2003 VOL PAGE )-V SECTION 504 GRIEVANCE PROCEDURE - The County of Brazos has adopted an internal grievance procedure providing for prompt equitable resolution of complaints alleging any action prohibited by the U.S. Department of Housing and Urban development regulations (24 CFR Subpart A Sec. 8.4 (A) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794). Section 504 states, in part that "No otherwise qualified disabled individual shall, solely by reason of disability, be excluded'from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to the County Judge who has been designed to coordinate Section 504 compliance efforts. A compliant should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violations of the regulations. A compliant should be filed within ten (10) working days after the complainant becomes aware of the alleged violations. (Processing of allegations of discrimination occurring before the grievance procedure was in place will be considered on a case-by-case basis). An investigation, as may be appropriate, shall follow a filing a compliant. The County Judge will conduct the investigation. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 CFR 51.55 (d) (2), the County of Brazos needs to process complaints from secondary education institutions. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the County Judge, and a copy forwarded to the complainant no later than ten (10) working days after its filing. The Section 504 coordinator shall maintain the files and records of the County of Brazos relating to the complaints filed. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) working days of the County of Brazos. The right of a person to prompt the equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. Page 1 of 2 VOL4~ PAGE l RESOLUTION AUTHORIZATING SIGNATURES A RESOLUTION BY THE COUNTY COMMISSIONERS OF THE BRAZOS COUNTY, TEXAS, APPOINTING THE COUNTY AUDITOR, ASSISTANT COUNTY AUDITOR, COUNTY TREASURER, ASSISTANT COUNTY TREASURER AS THE AUTHORIZED SIGNATORIES FOR PAYMENT REQUESTS TO THE OFFICE OF RURAL COMMUNITY AFFAIRS. WHEREAS, the County of Brazos, Texas has received a 2003 Texas Community Development Program grant award to provide first-time sewer service on West 28t Street, and; WHEREAS, it is necessary to appoint person to execute certain documents for requesting funds from the Office of Rural Community Affairs. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF BRAZOS, TEXAS, AS FOLLOWS: The County Auditor, Assistant County Auditor, County Treasurer, Assistant County Treasurer shall be authorized to execute the State of Texas Purchase Vouchers and/or Request for Payment forms required for requesting Funds approved in the 2003 Texas Community Development Program Grant. PASSED AND APPROVED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF BRAZOS, TEXAS, ON OCTOBER 14, 2003. Randy Sims, County Judge ATTEST: Karen McQueen, County Clerk VOL_A_PAGE 1 EXCESSIVE FORCE RESOLUTION - A resolution establishing rules and regulations regarding the use of excessive force during nonviolent civil rights demonstrations, including physically barring entrance to a facility or location which is the subject of such demonstrations, and providing penalties for violations thereof: In the following County of Brazos, State of Texas; as follows: ARTICLE I Section 1: It is the policy of the County of Brazos to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The County also prohibits the physical barring of any entrance to, or exit from, such a facility within its jurisdiction. ARTICLE II Section 1 It is the policy of the county to enforce this policy to the full extent allowed by law. ARTICLE III Passed and adopted by the County Commissioners, County of Brazos, State of Texas, on the 14th day of October 2003. Randy Sims, County Judge Attest: Karen McQueen, County Clerk vol,~LPAGE j `{a LOCAL OPPORTUNITY PLAN - The County of Brazos agrees to implement the following specific affirmative action steps to increase the utilization of business concerns located within its boundaries. A. Identify eligible business concerns for TCDP assisted contracts through: the Chamber of Commerce, the Urban League, local advertising media including public signage; project area committees, citizen advisory boards; lists available through the local,HUD program official; regional planning agencies, and all other appropriate referral sources. B. Maintain a list of eligible business concems for utilization in TCDP funded procurements, to insure that all appropriate project area business concerns are notified of pending contractual opportunities, and to make available this list for general city/county procurement needs. C. Require all bidders on contracts to submit a written Local Opportunity Plan including utilization goals and the specific steps planned to accomplish these goals. D. Insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than the project area, are also let on a negotiated basis, whenever feasible, when let in the project area. E. Maintain records, including copies of correspondence, memoranda, etc. which document that all of the above affirmative action steps have been taken. F. Appoint or recruit an executive official of the city an Equal Opportunity Officer to coordinate the implementation of this plan. As officers and representatives of, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. County Judge October 14, 2003 Signature Title Date VOL 49 PAGE ~3 02?- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 14 2003 ITEM: Permission to enter Mark Carrabba's property located off Rabbit Lane for the purpose of applying herbicide control at curve (on Rabbit Lane located 0.5 mile north of Thurman Road) to increase roadway sight distance Signed permission form is attached. Site is located in Precinct 2. SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-097 This Request is A roved /DeniedEl by Commissioners Court Date: 4Randyms,ounty Judge VOL ~ l PAGE 14 `f BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge t, g 2s, r Tony Jones L , Com,ssioner Pd 1 Duane Peters t Commission Pct 2 Ptio Kenny Mallard oG~%•y ~1 '3 Commissioner Pcl 3 Carey Cauley CommiSsoner Pct 4 Date: September 25. 2003 1. LAND OWNER AND ADDRESS: Mark Carrabba H. LOCATION OF WORK: Southwest side of Rabbit Lane approximately 0.5 mile northwest of Thurman Road. III. DESCRIPTION OF WORK TO BE DONE: Herbicide spraying to control overgrowth of vegetation to increase roadway sight distance at curve on Rabbit Lane. IV. MAINTENANCE YES X NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As often as needed to m 'ntain pod sight distance. Owner will be notified prior to maintenance. Richard F. Vance, P.E. EngineerRide/F reman/RightoofVVay'Agent County Engineer q Owner's Signature: DATE: VOL 49 PAGE ) qf BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 - DATE OF COURT MEETING: October 14, 2003 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Sand Creek Road approximately 900 feet from its intersection with State Highway 21. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations 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. C) 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. D) 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. E) 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. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duan Peters County Engineer Precinct 2 0003-101 Request is Approved / Denied ❑ by Commissioners' Court Date: Randy County Judge VOL 0 PAGE (4 (P REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) wickson creek s,u,p, proposes to place a (type) waterline within_ across x' the right-of-way of (road) sand creek Rd. in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. . 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 6t1day of Oct. 2003 . Firm: Wicl~qn Creek By: Title: General manager Re: Chris Willis Address: P.n. Bn: 67s6 Bryan, TX 77805 Phone: (979) 589-3030 APPROVED BY COMMISSIONERS' COURT ON: Dato /,0 ` O/- p3 2 Randy Si , County Judge OX .qs SUal~/7Teo L'9ZrhJ VOL PAGES v w C ` m O 4 H k H uva m D u u 3 0 H \ O -Z n Pa b 00 4 m 4 u T P4 W 3 4 N U u 0. u o Cl' v a ° v m v m q x o w m o m av a ~ w rn N 0 PG q I6 Co y O m ti H r-I V d r-I 3 c7 m m u o u H p 01 .4 N H 4 H d 8 O u ~ O - U d o~ o- 4 ~j VOL PAGE 14 g / BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 - ' DATE OF COURT MEETING: October 14. 2003 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Grassbur Road approximately 500 feet from its intersection with Ranchette Court. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations 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. C) 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. D) 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. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices forStreets and Highways. published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: OVED BY: Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-102 Request is Approved LrJ Denied 0 by Commissioners' Court Date: O / Randy ' s, County Judge VOL 41 PAGE REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY. COURTHOUSE BRYAN, TEXAS 77603 Formal notice is hereby. given. that (applicant) wicket, Creek S.U.D. proposes to place a (type)vaterline within across x the right-of-way of (road) Graeabur Ed. in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the7tb day of Oct. , 2003 . Firm: wick on Creek S.U.D. By: Title: General Manager Address: F_n. no, 4756 Bryan, TX 77805 Re; Birch Creek Estates Phone: (979) 589-3030 APPROVED BY COMMISSIONERS' COURT ON:,Z Date .4-S Sv,Bm/TTEa /~/LC r 2 /p- mG- 03 Randy ' s, County Judge Agy (7,va VOL " PAGE j5D b A m x 0 u u m a Ranchette Crt. v z cE N N „Oj ~O A m Ow N O ~ o O N U X 8 0' ~p d N w O H .-7 i w ` m p a m m w d 00 N q M .W 4MD u \ W 7 v;b N •d d O U m m ame a a .-0i u p • N a a -Nd wA d 00~ co m F d a O W d p z N O m N 0~4 w H NU co N C C. m m u 11 q O mo w 3 C a~ O N > N u w co %a - > d ~ wa 151 PAGE VOL1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 14. 2003 ITEM: Request from City of Bryan to construct 2.154 feet of water line installation in the right of way of Rabbit Lane and for variance from county regulations for 1.200 feet of the already installed water line to remain in. Place in the front slope of the ditch approximately 2 feet from the pavement edge. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 1. REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations 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. C) 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. D) 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. E) 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. ll. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-103 Request is Approved M / Denied 0 by Commissioners' Court Date: O Randy Si County Judge VOL 4q PAGE 150- Wolrtgga 90:43 FAN 970 lop A9a4 91TV OF R1110 DO ROAD 11111899 @902 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that iii applicant) _ n. proposes to place a (type) u f ithln_ ac }ossthe right-of-way of (road) t dam in Brazos County, Texas as follows: btevGrS aAd try rorth oq tkb ( Q The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines In the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower then the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after theZ day of Qd!bor , 20_U. Firm:,, nr cntrd By: I SnC Title: Address: Phone: 2:14.00q, TO- 3n APPROVED BY COMMISSIONERS' COURT ON, Date Randy SI County Judge _ VOL 0 PAGE 153 T H E'.. C 1 T Y O F B AN 7A.TEXP.'D: BOX 1.000 BRYAN. TEXAS.77605 (979) 2035000 pctober 1, 2003: Mr. Richard Vance . County.Engineer Brazos County Road and Bridge 2617 SH 21 West ' 137an;.TX.77803 RE: Waterline Construction on Rabbit Lane' Stevens Dr. to 200 it north of Woodville. City Project No. DW0311 Dear :Richard: As indicated in'the .City'. s.letter dated July 34; 2003. (attached for reference); City crews. inadvertently . began iristalling e waterline; within County right-of way without approval by: the County. Please find a I ttached'to the correspondence, Construction Drawings for the project We respectfully request that the County review the Drawings and:provide approval so that we may continue with the.iiistallation: . About 1,200 feet ofthe total 2;154 feetwas placed by our.water crews at a]ocation about 2" feet from the ;pavement edge. We propose that the County allow•the City to keep the already installed line in place with the remaining portion "of'-the line being placed outside. the right-of-way, within recently acquired easements: The. installed .line -nexi to the,pavemeat Will .be; exposed and cement stabilized sand will be used'.to backfill.: Also as requested, we will:restore the pavementwhere our crews have'. . damaged.it by. applying a seal'coat at the:end"of the project. Please let me know if I can provide additional information:. Thank you for your consideration. Sincerely, Lin da (~bbs da Grubbs uff, P.E. City Engineer Enclosures CC: Hugh Walker, Deputy City. Manager , Lawrence Carer, Water Services Manager YOL 41 PAGE 1