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HomeMy WebLinkAbout2009-11-17-6:00PM-REGULAR b v 0 . y . y 009 NOV 13 P 4= 5 • 4 McOUEEN, COJW[Y CLERK BRAZOS COUNIV: COR Mk Mg BRYAN, TEXAS / - ) - raj NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 17 NOVEMBER 2009 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 24: 3. Budget Amendment 08/09 - 58.1 thru 58.3. 4. Budget Amendment 09/10 - 6.1 thru 6.2. 5. Personnel Change of Status. 6. Payment of Claims. 7. Proclamation 09 -026 designating 21 December 2009 as National Homeless Persons' Memorial Day in Brazos County. 8. Proclamation 09 -027 recognizing November 2009 as Home Care & Hospice Month in Brazos County. 9. Maintenance Agreement with Ikon for copier maintenance for all County owned copiers; contract term is 10/01/2009 through 9/30/2010. Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503 Vol. I pg. 0? SO Commissioners Court Agenda 17 November 2009 Page 2 10. Renewal of the Service Agreement with Commercial Electronics Corporation for the audio and video interview equipment, software and hardware used by the Sheriff's Office; term of the agreement is 10/1/2009 through 9/30/2010. 11. Amendment to the Memorandum of Understanding with the Texas A &M University Athletic Department for operation of concession services at the Exposition Complex. 12. Reappointment of Ken Medders, Jr. as Brazos County's representative on the Board of Directors for the Brazos County Appraisal District. Term of appointment is 1/01/2010 through 12/31/2011. 13. Request from the County Auditor to reclassify a part-time position (Class 0331, Position 1) to a temporary position, effective the pay period beginning 11/14/2009. 14. Request from Road & Bridge for permission to pay membership dues for employees of the Road & Bridge Department to the Texas Floodplain Management Association. 15. Out of state travel request from the Bryan / College Station Metropolitan Planning Organization (MPO) for Linda LaSut to attend the 89 Transportation Research Board Annual Meeting in Washington, D.C. Dates of travel are 1/09/10 through 1/14/10. 16. Tax Refund Applications for the following: a. Kelly McFarland Hatcher b. National City Mortgage, Inc. c. Lockett Landscape, Inc. 17. Permission to award Bid 2010 -09, Oversized Limestone Aggregate, as follows: Primary: Austin Crushed Stone Secondary: Texcon 18. Permission to advertise Bid 2010 -08, Heavy Machinery Rental. 19. Renewal of Bid 2009 -10, Flexible Base, with new Bid #2010 -05R. 20. Renewal of Bid 2009 -08, Seal Coat, with new Bid #2010-1 IR. 21. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of McCullough Road. Site is located in Precinct 1. 22. Amending Plat.of Lot 1, Block 2 of Deer Hill Estates (Volume 393, Page 381), 13.92 acres, (City of Bryan ETJ) Brazos County, Texas. Site is located in Precinct 4. 23. Replat of Lot 12A and 12B, Block 12 of North Country Estates Phase 13, G. H. Coleman survey, A -10, (City of Bryan ETJ), Brazos County, Texas. Site is located in Precinct 2. Vol. ;Mr r P o 5.1 • - Commissioners Court Agenda 17 November 2009 Page 3 24. Payment Authorization in the amount of $181.70 to the LaSalle Hotel for lodging of a witness in the trial St. v Wesley Hinds; the invoice exceeded the amount of the purchase order. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Govemment Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. I .?-Sr P a SK COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 17, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, November 17, 2009 with the following members of the Court present: Randy Sims, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Presiding; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was Budget Amendment #08/09 -58.1 through 58.3, which would transfer funds from General Fund to Debt Service Fund, from HOT Fund to Expo Expansion Fund, from Hot Fund Contingency to Capital Fund -Expo Expansion and correction of Budget Amendment 08/09 -57.3 for Vol 1 2-8` Page 09 57 Commissioners Court meeting November 17, 2009 2 the 272 District Court. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The next matter before the Court was Budget Amendment #09/10 -6.1 through 6.2, which would transfer funds from various departments to allocate DDEA funds for 08/09, from County Attorney DDEA to Capital Improvement. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7068279 through 7068486 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #09 -026 Vol 1 a 1 Page a (co Commissioners Court meeting November 17, 2009 3 designating December 21, 2009 as National Homeless Person's Memorial Day in Brazos County. The Court recognized the people who have died on our streets, in our emergency shelters, and in condemned or abandoned properties, from ailments or conditions directly related to homelessness. On motion by Commissioner Cauley, seconded by Commissioner Wassermann the Court moved to designate December 21, 2009 as Nation Homeless Person's Memorial Day in Brazos County. The County Judge read aloud a Proclamation #09 -028 designating the month of November as "Home Care and Hospice Month" in Brazos County. The Court joins with the Texas Association for Home Care calling on all Texas to observe this occasion with appropriate ceremonies and activities. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court moved to proclaim the month of November as "Home Care and Hospice Month" in Brazos County. Let the minutes reflect that the correct proclamation number is #09 -028 and not 09 -027 as noted on the agenda. The next matter for consideration was a Maintenance Agreement with IKON for copier maintenance for all County Owned copiers. The annual cost has decreased overall by $672.24 so the contract amount is now $3,718.50 for FY2010. On motion by Commissioner Wassermann, seconded by Commissioner Vol Page 3 Commissioners Court meeting November 17, 2009 4 Cauley, the Court voted unanimously to approve the maintenance contract with IKON and authorized the County Judge to execute the document. A copy is attached. The Court next considered the renewal of the Service Agreement with Commercial Electronic Corporation for the audio and video interview equipment, software and hardware used by the Sheriff's office. Term of the contract is for the period of October 1, 2009 through September 30, 2010 in the amount of $2,555.99. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of the Service Agreement with Commercial Electronic Corporation and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was an amendment to the Memorandum of Understanding between Brazos County Exposition Complex and Texas A &M University Athletic Department for the operation of the concession services at the Brazos County Exposition Complex. Texas A &M would like to do the following: Delete Page 2, Section IV. Payment and Accounting Procedures, Paragraph 1: "TAMU shall pay the County five percent (51) of gross sales, "gross sales" defined as total sales from Concession Services less applicable retail sales tax and other direct taxes imposed upon receipts collected from the consumer for sales from August 1, 2007 through July 31, 2009. This payment shall be increased to twenty percent (201) for gross sales from the period of August 1, 2009 through July 31, 2010." Vol 12 X Page to a Commissioners Court meeting November 17, 2009 5 Add Page 2, Section IV. Payment and Accounting Procedures, Paragraph 1: "TAMU shall pay the County five percent (5°%) of gross sales, "gross sales" defined as total sales from Concession Services less applicable retail sales tax and other direct taxes imposed upon receipts collected from the consumer for sales from August 1, 2007 through July 31, 2012. This payment shall be increased to twenty percent (20%) for gross sales upon the decision of the parties to increase concession prices." On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the amendment to the Memorandum of Understanding. A copy is attached. The Court next considered the appointment of an individual as Brazos County's representative on the Board of Directors for the Brazos County Appraisal District. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to appoint Ken Medders, Jr. as Brazos County's representative on the Board of Directors for the Brazos County Appraisal District for a two year term beginning on January 1, 2010. The next matter for consideration was a request from the County Auditor to change a part time position (Class 0331, Position 1) to a temporary position. The student currently in the position is unable to work the required 20 hours per week. On motion by Commissioner Cauley, seconded by Commissioner Vol 12-8' Page a(93 Commissioners Court meeting November 17, 2009 6 Mallard, the Court voted unanimously to approve the request and that it become effective the pay period beginning November 14, 2009. The next matter for consideration was a request from the Road and Bridge Department for permission to pay membership dues for employees of the Road and Bridge Department to the Texas Floodplain Management Association. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to make an exception to the County policy and pay the annual memberships for the following employees: Richard Vance, County Engineer Gary Arnold, Planning Director Road and Bridge Department Megan Lott Kimberlyn Hinton The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Office seeking approval for out of state travel for Linda LaSut to attend the 89 Transportation Research Board Annual meeting in Washington D.C. on January 9 through 14, 2010. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Metropolitan Planning Office and approved payment of out of state travel expense for Ms. Linda LaSut. Vol I d Page a t e Commissioners Court meeting November 17, 2009 7 The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Kelly McFarland Hatcher, over Payment $21.02 b) National City Mortgage, Inc., over Payment $200.01 c) Lockett Landscape, Inc., over payment $197.59 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid No. 2010 -09, Oversized Limestone Aggregate. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Primary - Austin Crushed Stone Secondary - Texcon On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2010 -08, Heavy Machinery Rental. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize Vol 1 » Page a t05 Commissioners Court meeting November 17, 2009 8 the Purchasing Agent to advertise for bids for heavy machinery rental. The Court next considered renewal of Bid No. 2009 -010, Flexible Base. Charles Wendt, Assistant Purchasing Agent, recommended renewal of the bid with a new bid #2010 -05R with the following companies as previously awarded: a. Knife River b. Brazos Sitework c. Statewide Materials d. RTI Hotmix e. Austin Crushed Stone f. Superior Crushed Stone. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and renew Bid No. 2009 -010 with the new bid number of 2010 -05R with the above noted companies. The Court next considered renewing Bid No. 2009 -08, Seal Coat. Charles Wendt, Assistant Purchasing Agent, recommended renewal of bid #2009 -08 with the new bid number of 2010 -11R with F. N. Ploch Construction Company, Inc. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and renew the contract with F. N. Ploch Construction Company, Inc. under the new bid #2010 -11R. Vol 1 air Page 0 t � Commissioners Court meeting November 17, 2009 9 The next matter for consideration was a request from Wellborn Special Utility District to construct a road bore for water line installations in the right -of -way of McCullough Road in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wellborn Special Utility District and authorized the installation. A copy of the request is attached hereto. Let the minutes reflect that the correct name of the requestor is Wellborn Special Utility District and not Wickson Creek Special Utility District as sited listed in the agenda. The Court next considered approval of the Amending Plat of Lot 1, Block 2 of Deer Hill Estates and Lot 2, Block 2 of Deer Hill Estates, 13.92 Acres located in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the amending plat of Lot 1, Block 2 of Deer Hill Estates and Lot 2, Block 2 of Deer Hill Estates, 13.92 Acres as submitted. The Court next considered approval of the Re -Plat of Lot 12A and 12 B, Block 12 of North Country Estates Phase 13, in Vol 1a 8' Page 2-67 Commissioners Court meeting November 17, 2009 10 Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. Commissioner Wassermann moved to approve the re -plat as submitted. Commissioner Mallard seconded the motion. Commissioners Wassermann, Mallard and Cauley voted "Aye ". Commissioner Peters abstained. The motion carried. The Court next considered a payment authorization in the amount of $181.70 to the LaSalle Hotel for an additional nights stay for a witness in a criminal case. A purchase order was obtained in advance but it was only for a one night stay. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. There were no announcement of interest items and possible future agenda topics. Under citizen input and /or concerns the following spoke: Sheriff Chris Kirk a) There are 517 inmates in the county jail, 51 are in out of county facilities, 58 are on electronic monitoring and 45 are pending for electronic monitoring. b) Should have a roof on the new jail soon. Vol lo)- d Page g le Commissioners Court meeting November 17, 2009 1 1 Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) The IGC met and talked about H1N1. The Health Department will have some vaccinations available on Thursday. He thinks the regular flu vaccines have all been given out now. Commissioner Peters a) There will be a Public Hearing this evening at 6:30 p.m. on the Animal Control Ordinance. There being no further business to come before the Court, the meeting was adjourned. Vol 1 Ps Page dce9 The foregoing minutes of the Commissioners Court meeting held November 17, 2009 have been examined and are approved in open Court this the 1,Q44%- day of , 2010, in Bryan, Brazos ounty Texas. a Randy Siu Lloy Wassermann County ' dge Commissioner, Precinct 1 Q� --- ! n Duane Peters Kenny Mall�r . Commissioner, Precinct 2 Commissions Precinc 3 drejaler a 'liTI' Commissioner, Sinct 4 Attest: /� s � -a Karen McQueen ,r G� �� County Clerk '° O' Vol I a& Page 2-70 BRAZOS COUNTY COMMISSIONERS COURT Meeting on Yhe se10 / t l l /7a' /A.,C.vt , 2009 @ �Q - /JI) t. Name Organization / Department /1/410 A 4 / !'llf `PrS4 rl 73 0 h i es/den t Ar Ar Ate I t/( P014 -dt 4 C 1 2 64 -- 6/2/2 zr U/ � (gist; 6440,r- ao (pdf_J eq tkALtitat-t■ c..1\ a L1)76 - 1-, (,r7.,i_ 4cD ( pc, ()) szA4-ncuk_ C lL/ e i // 4// 5 M // t- L.- J wC n .ern Ar4Oe L OH I L `--� ?en) /4 4-4 le /it 101/4 et' PAGE I of Vol. a P a1) . - -,:r BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR NO. 08/09 — 58.1 thru 58.3 On this the 17 day of November 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 17 November 2009 the Court heard and approved a budget amendment for the 2008 -2009 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17 day of November 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. „ ID I By: --•••••■,_ Randy Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol 1 a S- p 07 7 a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 58.1 10/17/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 72590000 CR Professional Fees - Other 6,169.73 1100 11002600 51300000 CR Salary - Staff 1,862.80 1100 11002600 53100000 CR Social Security 350.00 1100 11002600 53200000 CR Retirement 400.00 1100 11002600 53300000 CR Employee Health Insurance 409.09 1100 11002600 61880000 CR Utilities 11,446.81 1100 11002600 67286000 CR Equipment - Other 106.29 1100 11002600 71010000 CR Solid Waste- Hauling 3,895.68 1100 11002600 65050000 DR Building Maintenance 24,640.40 0100 36000100 65050000 CR Building Maintenance 6,169.73 0100 91240000 DR Transfer to Debt Service 6,169.73 4100 49028000 CR Transfer from General Fund 6,169.73 4100 45020000 DR Interest - Administration 6,169.73 HOT Fund: To move budget from HOT Admin. Division (11002500) to the HOT - Marketing Reimbursement Division(11002600) to cover the actual expenditure, which represents 30% of the operating expenses of Expo Center, incurred in September 2009. To transfer funds from the General Fund to Debt Service Fund per HOT Fund Committee. The committee has decided that the funds of General Fund freed from the marketing reimbursements of HOT Fund should be transferred to Debt Service Fund for the Service of the Bond issuance for Expo Expansion Project. Otepa e 8 .fcl De z c'- , { D, Y ., } _ jet F me,/�' 11 fi * "pfiv `i: Q fi �.rtarffi "i 5 Ot1A�/� d� .a�b�t��dYia1�?. y _- i:. al.e �e'� i Vol. __ _____ P g • a= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 58.2 10/17/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 91250000 DR Transfer to Expo Expansion 30,117.21 1100 11002500 61130000 CR Contingency - HOT Fund 30,117.21 4309 49031000 CR Transfer from HOT Fund 30,117.21 4309 63430900 80160000 DR Building - Expansion Expo 30,117.21 HOT Fund And Expo Expansion Fund To pay for the expenses incurred for the Expansion of the Exposition Complex in the capital fund. Attached is a detail lising of the period expenditures to date. These funds are from the County portion of the 2 tax collected on hotel occupancy. e fl' ttA °t rgitri`:r= ',lip! 97.04zz .z . ., Da e " 4 .. . 4 9 Y,�9 2U09. 7 y 6 o r s — S ,-n f „ h .+ar•r- xx- v�aa .w¢axucv+s gs -"`a: r : till ASilnAP t val D " ate a a Vol. _ a Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 58.3 1 0/17/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 61801000 CR Travel 0.10 0100 22100100 53200000 DR Retirement 0.10 272nd District Court: To correct part of Budget Amendment No. 08/09 - 57.3. A calculation error occurred for the reallocation of funds within 272nd District Court for the accrued salary of fiscal year 2009. G d 3r d � i "d ,fit ��k s� ® a � " z� ^F � 'h.r ,� �. Department WS w, s 'V 1 Date u " .. y t red By 6 xf,t t - ,D :if 11/13/2009 4 S gk ,�� q , � a, rf j -. �,. .wr [ $"" y,hj'Y'r ` �� u:� F C s.3 , �,`p y �s a „ «�,�,�t�. � . � �, � -y F �; ,'� a yaa�� a' u ���. LCi untipildge pPro :al ^3 . UDati, m c ;; t`em'p Vol. __j— Pg- -- -#717 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 6.1 thru 6.2 On this the 17 day of November 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 17 November 2009 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17 day of November 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 1 A By: Randy Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 1 a Pg. d BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 6.1 11/17/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 10002000 59100000 DR Veterans Services -DDEA 1,742.20 0100 11000100 59100000 DR Comm. Court -DDEA 8.50 0100 12000100 59100000 DR Treasurer -DDEA 7,961.64 0100 12500100 59100000 DR Risk Mgmt. - DDEA 7,025.91 0100 13000100 59100000 DR Tax Office -DDEA 30,015.41 0100 14000100 59100000 DR I.T. -DDEA 23,114.42 0100 15000100 59100000 DR Human Resources -DDEA 848.39 0100 16500100 59100000 DR Purchasing -DDEA 282 0100 17000100 59100000 DR Buldg Maint. -DDEA 38,098.41 0100 18000100 59100000 DR County Attorney -DDEA 14,041.12 0100 19000100 59100000 DR District Attorney -DDEA 16,751.38 0100 20000100 59100000 DR District Clerk -DDEA 5,943.39 0100 20010000 59100000 DR Court and Jury -DDEA 12,241.09 0100 20020000 59100000 DR Collections - DDEA 4,867.63 0100 21000100 59100000 DR County Clerk -DDEA 32,723.35 0100 22000100 59100000 DR 85th Dis. Court -DDEA 679.00 0100 22100100 59100000 DR 272nd Dis. Court -DDEA 466.93 0100 22200100 _ 59100000 DR 361st Dis. Court -DDEA 11,037.92 0100 22500100 59100000 DR Juvenile Referee -DDEA 1,705.00 0100 22600100 59100000 DR Magistrate -DDEA 981.69 0100 23000100 59100000 DR CCL #1 -DDEA 4,470.74 0100 23100100 59100000 DR CCL #2 -DDEA 1,195.56 0100 24101100 59100000 DR J.P. #1 -DDEA 22,456.39 0100 24201100 59100000 DR J.P. #2 -1-DDEA 4,270.90 0100 24201200 • 59100000 DR J.P. #2 -2 -DDEA 4,560.26 0100 24301100 59100000 DR J.P. 43 -DDEA 21,635.18 0100 24401100 59100000 DR J.P. #4 -DDEA 0.74 0100 28000100 59100000 DR Sheriff Office -DDEA 5,503.59 0100 28002000 59100000 DR Jail Admin - DDEA 4,381.67 0100 30101100 59100000 DR Constable Pct 1 -DDEA 464.09 0100 30201100 59100000 DR Constable Pct 2 -DDEA 656.84 0100 30301100 59100000 DR Constable Pct 3 -DDEA 48.67 0100 30401100 59100000 DR Constable Pct 4 -DDEA - 0100 31000100 59100000 DR Juvenile -DDEA 16,420.10 0100 35500100 59100000 DR Emerg. Mgmt. - DDEA 26,506.79 0100 36000100 59100000 DR Expo Complex 2.69 0100 36500100 59100000 DR Brazos Center -DDEA - 0100 37000100 59100000 DR Ag Ext. - DDEA 3,443.50 0100 11001500 61130000 CR Contingency 326,553.83 Various Departments - To allocate the DDEA for 08 -09 based on remaining balances in 07 -08 budget. '^ in; '5,a.‘..•.":-:,(5 ' n t ` n se.galXlt'R S ^} � .Pti.Yla5 . 'z-v`.alk l� {�� L �` ` b t 5 'r Cd• y b � . itit; ' d._ 2 Pirt d�B b 5 g ` *3 i sari/) taut o -a ri , .e3Ft Y: ' � n` fiy " 'z 7. iici a, a 4 - i s -e+a -`-s . �+.sYVZ - .s ems,. .# zF :r Date, .4°2)i s 11 /1QJ09, ; ount a� nza' i>p.' u1..1!is 2Diii� ..r7�°»,:3cat,Wnsr:`. Vol. a P g. a 1 7 A. Brazos County, Texas DDEA Distributions For Fiscal Years 05 -09 08/09 07/08 06/07 05/06 04/05 DIV ACCOUNT NAME 10002000 Veterans Services -DDEA 1,742.20 1,742.20 1,326.00 1,081.00 844.00 11000100 Comm. Court - DDEA 8.50 808.50 1,455.00 4,805.00 4,009.00 12000100 Treasurer - DDEA 7,961.64 7,961.64 10,402.00 6,845.00 4,830.00 12500100 Risk Mgmt. - DDEA 7,025.91 8,275.91 4,803.00 2,480.00 3,823.00 13000100 Tax Office - DDEA 30,015.41 31,485.41 29,453.00 19,424.00 16,171.00 14000100 I.T. - DDEA 23,114.42 30,514.42 148,450.00 167,778.00 154,525.00 15000100 Human Resources -DDEA 848.39 848.39 4,224.00 6,149.00 2,497.00 16500100 Purchasing -DDEA 282.74 4,358.95 2,965.00 751.00 . 307.00 17000100 Buldg Maint. - DDEA 38,098.41 38,798.41 46,853.00 33,543.00 31,104.00 18000100 County Attorney - DDEA 14,041.12 14,041.12 10,584.00 13,769.00 10,266.00 19000100 District Attorney - DDEA 16,751.38 16,751.38 43,728.00 38,716.00 29,427.00 20000100 District Clerk - DDEA 5,943.39 5,943.39 7,968.00 8,281.00 5,534.00 20010000 Court and Jury -DDEA 12,241.09 18,161.09 11,345.00 11,295.00 8,774.00 20020000 Collections - DDEA 4,867.63 4,867.63 2,127.00 1,160.00 1,060.00 21000100 County Clerk -DDEA 32,723.35 35,475.35 40,074.00 35,003.00 43,046.00 22000100 85th Dis. Court - DDEA 679.00 679.00 429.00 2,457.00 2,980.00 22100100 272nd Dis. Court -DDEA 466.93 466.93 128.00 233.00 601.00 22200100 361st Dis. Court -DDEA 11,037.92 11,037.92 13,691.00 10,396.00 8,066.00 22500100 Juvenile Referee -DDEA 1,705.00 1,705.00 1,705.00 131.00 32.00 22600100 Magistrate -DDEA 981.69 981.69 735.00 1,681.00 692.00 23000100 CCL #1 -DDEA 4,470.74 4,470.74 4,483.00 2,489.00 1,900.00 23100100 CCL #2 -DDEA 1,195.56 2,141.05 1,428.00 3,388.00 2,497.00 24101100 J.P. #1 -DDEA 22,456.39 25,656.39 22,091.00 14,433.00 10,022.00 24201100 J.P. #2 -1 -DDEA 4,270.90 6,270.90 7,584.00 6,550.00 3,168.00 24201200 J.P. 142 -2 -DDEA 4,560.26 4,560.26 3,961.00 7,628.00 4,384.00 24301100 J.P. #3 -DDEA 21,635.18 23,173.26 20,072.00 15,548.00 6,501.00 24401100 J.P. #4 -DDEA 0.74 560.74 2,396.00 3,055.00 2,032.00 28000100 Sheriff Office -DDEA 5,503.59 15,503.59 11,236.00 1,605.00 16,029.00 28002000 Jail Admin - DDEA 4,381.67 10,761.67 5,591.00 12,848.00 10,332.00 30101100 Constable Pct 1 -DDEA 464.09 1,985.09 1,521.00 1,547.00 1,898.00 30201100 Constable Pct 2 -DDEA 656.84 1,381.84 80.00 471.00 1,368.00 30301100 Constable Pct 3 -DDEA 48.67 1,148.67 3,731.00 5,991.00 1,836.00 30401100 Constable Pct 4 -DDEA - 441.61 879.00 177.00 667.00 31000100 Juvenile -DDEA 16,420.10 28,420.10 27,853.00 25,234.00 21,862.00 35500100 Emerg. Mgmt. - DDEA 26,506.79 39,506.79 36,060.00 6,437.00 4,594.00 36000100 Expo Complex 2.69 101,027.69 89,166.00 - - 36500100 Brazos Center -DDEA - 9,113.95 47,695.00 36,986.00 29,996.00 37000100 Ag Ext. - DDEA 3,443.50 3,443.50 2,402.00 563.00 3,583.00 11001500 Contingency 326,553.83 514,472.17 670,674.00 510,928.00 451,257.00 Note: County Judge, Auditor's Office and Budget Office do not receive DDEA. VOL. 1 aS Pg.. 318' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 6.2 11/17/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 18000100 59100000 DR County Attorney -DDEA 14,000.00 0100 91110000 DR Transfer to Capital Improvement Fund 14,000.00 4500 49028000 CR Transfer from General Fund 14,000.00 4500 63000500 60360000 DR Furniture 7,114.00 4500 63000500 67342000 DR Furniture 6,886.00 County Attorney and Capital Improvement Fund and Magistrate #2 To reallocate funds to the Capital Improvement Funds by the County Attorney to help fund furniture costs. as approved during the Capital Improvement Committee meeting. See attached e-mail. Tike , fgWa 1741116val ' aa cik ,Rnsaaw- to a ti""^�'v`3 � Prepared By � -" w. Dated , 3 `11/101200 q �r ry . 4 9 *V',, Te/.: Tat, : �"'3'4V -e ; ' ate = AT -22soi Vol ` —_ a -= P g . _ `—� PERSONNEL �-- CHANGE OF STATUS REQUESTS Commissioner Court Date: November 17, 2009 L/) Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Holmes, Joshua Promotion SO Jail McDermott, Patrick New Hire Williams, Keith New Hire Approved in Commissioners' Court: November 17, 2009: - � County Judge's or Commissioner's Signature: A — (This Copy to be attached to minutes) Vol. I � Pg. a 8U. SALES ORDER / SERVICE ORDER II(ON Document Efficiency Master Sale Agreement Date I . At Work: Master Maintenance Agreement Date 1 Master Maintenance and Sale Agreement Date - I/t.J_' / -.?GOy I� " °"' ," +`'' ";�F' '. r ..4/f %' gCUSTOME l§IIORMATIONI u., -'h i r aI. gr. .A 's°rnilr' nrc, r�- .�^:xs�da„r. � 1 ..;>�. , „ �� b �.v- ., ». H�,..� ,. . -v.�.. ��*r..,�n,t...z_�. �:_ 'u.� -.- .a t,... -,r Legal Name County of, Brazos Contact Megan Conkel Bill To 200 S Texas Ave, Ste 218 Install 300 E 26th Ste 314, County Auditor's Office Address Address City ' State Tx Zip 177803 I City Bryan State Tx Zip 77803 This is an Order made pursuant and subject to the terms and conditions of the above referenced Master Agreement(s) between Customer and IKON Office Solutions, Inc. The signature below indicates that the Customer accepts all terms and conditions of the applicable Master Agreement(s) for this sale, including but not limited to the terms and conditions set forth in the Master Agreement(s) and any Exhibit A thereto, all of which are incorporated herein by reference and made part of this Order. This Order is not valid unless and until signed by an Authorized Manager of IKON Office Solutions, Inc. ts." +4t 'S' '. ki `J * G:' i t PRODUCT- E SCRIPT IO N ; ;te i t -•:- ". •--,, etn"� -- 4 e i , - - -.. C bee k al la batePPIY � V ',' Make / Model / Serial Number Service Level Connected I^• . Additional Product Description page(s) attached Tax Office Canon NP6545 Ser#N1F17369 Gold I N o Professional Services fees included 'Brazos Center Canon IR210 Ser#NPR09342 ._._......... , 'Go FT Fixed Service Charge 85th DistJudee Canon IR2200 Ser*MPG39606 'Gold No ..__ r,. Sales Tax Exempt - (•M ust attach valid Exemption Certificate) 'BCC Pct 1 _ . _ Canon IR2200 Ser#MPG39621 'Gold #1-T ..__ rr m F v va Se1 ce,Le eIS5 s'-+7 r°. 'County C[ 2 Canon IR2200 Ser#MPG74580 'Gold _ �� No x x u, t „t: at ?I 'County Ctl Canon 182200 Ser#C14006815 Gold _ No Gold. .:Include all supplies and staples. ape and paper. __. _.. 'Gold Silver: Includes all supplies. Excludes Paper end staples. Bronze: Parts and labor only. Excludes paper. staples and 'BCC Pct 2 CanonIR210 Ser#NPR3I183 'Gold F supplies. PlusPak: Toner, parts and labor (See Exhibit A, Sec. 12). 'Info Technoloev Canon IRGP200s Ser#NJP09I IS 'Gold No . ,_ _, Excludes paper, staples and MA Kits. a -” :2sr'r, ,T. z < t z rte "+ e' t, -e , ` °'.-s a'' r VE CHARGES L' ." ,. r' l x p +„ v z �' ilr A i ♦ k- C "" ,Wy, iri- Y ' r 't .1 /: ,i SERIC f. ^e x t1 ° V t T 4 y e : Ys di v °`'� c d A M *A 4Li de tala RGES d s yx 1 5 �s S � f Fo Gold S tdvei and Brnu x 1 '-i a r i r x i g a rt yv „ d, - x -x ti e. Jr�.- ....: Snrs�.,�a.. �. �.s ..;tir..�t, e F.�,k -. .. .l.t -. G'.;s.'"i_..`,&, .- wM.c�_ +•�_ >6.�z .?',"E.�.�tee+,.FS!Pe2:.<, ,}',S. _�r�a'- <Kw.., +�rk'r. ...d � -z - Total Product Total Service Charges Minimum Guaranteed Minimum Volume Purchase Price Per Billing Frequency Term Per Billing Frequency Cost of Additional Images 1 N/A __..__.... __ 3}.94 rDD 12 Mos ..__. B &W 145943 1/1150 8 811" ` . &W1.0185 g a r Excludes Tar Far texeg Billing Frequency 'Monthly Color I Color CoItltfy Additional Provisions rb : r r i CUSTOMEIV m k i j Via vt 'l IKON OFFICE SOLUTIONS INC s ,. ^ Authorized Signature 1 ` � �� , , Authorized Signature 1 Signature Printed Name r yi; t ,.7-Q1 z . Signature Printed Name 1 / .�y Title '„-�st • f�-(—y " �_ U Title Date I __. (( n . h9, Date I _.. IKON Sales Forms -42009 VoL 1 . k pg. c9 S' 1 n 0. 0 n > O , x n n d O ',- Fo co m n m m X In m m n " n CO N d g m � m 2 q 0 e x m o O O I. C n O e = Z 7 A 0 n - a 7 k 0 A co H `^ H w 7 .' n et N p S 0 z N 4 1 W z z m o 2 cn c 2 a C c ° n 0 N 4 n N -t R - co -, co o _ _ _ L Pal _ o 0 9 ' o 2 el* 0 el to n n r re ro r y r — — y C _ w w w •■ f° m o o n y H n e n -i ° I. ry ° 0 n co n G o co N 6 9 il a '- Ib — 0 ei J CO CO m CO co 0 n s y C --- ° tt cc to m - n v o ai m ^n M g CO •n b f m • z ? - g F 7 K 0 m �` I v °o b C z O z g H - - �o c v C C a o 1 .- O o O n O LI IA 9 Po vc n et. Ili w o Cl CAJ 9 a e cm o o n G N coo O m o O O eV A ' A " eV 7 — n a s m r . c ° N O m 0 o � f1 m o 'm a m e c o y M . . Pi w oo O 26 a o o — .= n a E.7 C i 6 K O 9 9 y m , = T T A - Vol. 1, 7 Pg. 1 W? . Commercial Elecbonla Corp www.comelectronics.com Master Post Warranty Services Agreement This Master Post Warranty Services Agreement (the "Agreement ") by and between Commercial Electronics Corp., ( "CEC ") a Texas corporation having its principal place of business at 1318 N. Brazos, San Antonio, TX 78207, and Brazos County Sheriffs Office ( "Customer "), having its principal place of business at 1700 Highway 21 West, , Bryan,TX 77803, is entered into as of the date last written below (the "Effective Date "). This Agreement consists of this signature page and the following attachments which are incorporated in this Agreement by this reference: 1. Master Post Warranty Services Agreement Terms and Conditions 2. EXHIBIT A: IRecord Interview Recording System Maintenance Agreement 3. EXHIBIT B: Summary of Equipment List and maintenance fee. • This Agreement is the complete agreement between the parties hereto concerning the software and hardware maintenance of the IRecord Interview recording system and replaces any prior or contemporaneous oral or written communications between the parties. In the event of conflict between the terms of this Agreement and the terms of an Exhibit, the terms of the Exhibit shall govern. This Agreement may only be modified by a written document executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, each party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Agreement. £ J i a ram Commercial Electronics Corp. A I size. rgnature Authorized Signature Ran. S I. .: razos Conn Jude Wes Burns — VP, Operations Type name & title Type name title ((� (77D9 5 Date - Date -1- QenL HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile Comma.dal EJe ,nJa Cay. . www.comelectronics.com COVERED SERVICE: Remote software maintenance and other covered services will be performed promptly as updates become available and at any time a recording system fault is reported. CEC will provide reasonable assistance to help Customer operate each new release. Any hardware maintenance provided will be performed at any time during the hours from 8:00 a.m. to 4:30 p.m. on all days EXCEPT WEEKENDS AND HOLIDAYS. Service required for failures which are not a result of normal wear and tear, or otherwise not covered by this agreement shall be furnished on a TIME AND MATERIALS basis. CEC shall be responsible for using all reasonable diligence to correct any verifiable and reproducible fault of the recording system when reported to CEC in accordance with its standard reporting procedures. The corrective action when completed may be provided in the form of a "temporary fix" consisting of sufficient programming and operating instructions to effect the correction. "Fault" means any failure of the recording system to perform to its published specifications. "Corrective Action" means either a replacement, modification or addition that brings the recording system into proper operation according to its published specifications, or a procedure or routine that when observed in the regular operation of the recording system, avoids the practical adverse effect of such fault. CEC shall maintain a trained staff capable of rendering the services set forth in this Agreement. RESPONSIBILITY OF CUSTOMER: CUSTOMER recognizes that computer equipment is vulnerable to misuse and neglect and agrees to maintain an environment conducive to computer equipment operation. CUSTOMER recognizes the vulnerability of the recording system's operating system and associated software to infiltration of malicious software programs known as "viruses" or "worms ". Customer agrees to bear sole responsibility for ensuring the recording system is protected against such infiltration, eradication of same, and any cost associated with recovering lost or damaged data. CUSTOMER must be prepared to assist the technician by providing a complete and accurate description of the trouble symptoms over the phone, performing any routine front panel functions including removing and reapplying main power to the unit as instructed. CUSTOMER agrees to have equipment protected by CEC approved uninterruptible Power Supply (UPS) and to use CEC approved storage media and perform preventative maintenance as described in the Operators Manual. �y� 2 » intent HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile Vol. 1 a2i Pg. c 84 Comme.clel Elecponla Cory• www.comeiectronics.com CUSTOMER agrees to have trained personnel operating the equipment. CUSTOMER has the responsibility to make the recording system accessible to the service representative via remote access for scheduled updates and maintenance at times acceptable to both parties. Remote access, as required by this Agreement, may be provided by Customer via modem line, TCP/IP connection or other method mutually acceptable to both parties. LIMITATIONS ON CONTRACT SERVICE: The Maintenance Agreement applies to the recording system and its integral components including peripheral equipment supplied by Commercial Electronics at original installation or through subsequent authorized system upgrade or modification. The Maintenance Agreement covers repairs and service required as a result of normal use and DOES NOT COVER service necessitated by damage incurred in accident, abuse, lighting, water damage, flood or other similar causes. Third party software, including viruses and worms, third party equipment, telephone company line(s) problems, or any damage to or failure of the system caused by same WILL NOT be covered under this Maintenance Agreement. NO COVERAGE is extended under this Agreement to batteries or other consumable supplies though specific manufacturers' warranties may apply. NO COVERAGE is extended under this Agreement to archive media of any type including but not limited to magnetic tape, magneto - optical disk, external hard drive, or other removable media, whether provided as part of the original recording system or subsequently purchased from Commercial Electronics, beyond replacement cost of the media. Commercial Electronics Corp. IS NOT responsible for, and Customer agrees not to hold Commercial Electronics Corp. liable for lost data. Any cost involved attempting to recover lost or damaged data will be the sole responsibility of Customer. CEC's obligations under this paragraph do not extend to any claims arising from any modification not made by CEC or from the use or combination of the software provided by CEC with products provided by CUSTOMER or others. { 3n ll - 3 - inee ds HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, D( 78207 (210) 736 -3119 (210) 737 -1240 facsimile Vol. 7 a pg. e2 $5 Commercial Electronics Corp www.comelectronics.com TIME AND MATERIAL SERVICE: Time and material service shall be provided when requested by customer for services not included under this contract and shall be furnished in accordance with the service requested. An additional charge will be made for travel time, mileage and /or components used to effect repairs not otherwise covered by this Maintenance Agreement at the current labor and mileage rates and parts pricing. Prior to commencing any work that is not covered by the Maintenance Agreement, CEC will submit a written estimate of the labor and material charges and obtain the written approval for such work by the Customer. Customer shall not be liable for any work performed without Customer's written approval. INDEMNITY: CEC shall indemnify and hold CUSTOMER harmless from any and all claims, suits, loss or damages sustained or alleged by CEC's employees, agents, or contractors which are made against CUSTOMER, CUSTOMER's employees or officers where such claims, suits or damages in any way arise out of or in connection with CEC's employee's, contractor's, subcontractor's or agent's presence on CUSTOMER's property or work performed on CUSTOMER's property. LIMITATION OF LIABILITY: CEC shall not be liable for any loss or damage suffered by the CUSTOMER caused by "Acts of God" or from any other cause beyond the control of CEC, and CUSTOMER, by signing this Agreement, acknowledges and agrees to this provision. EXCEPT AS PROVIDED HEREIN, CEC's MAXIMUM LIABILITY WILL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLEY BY THE ACTS OR OMMISSIONS OF CEC, SUBJECT TO A MAXIMUM LIABILITY OF THE ANNUAL AMOUNT PAID FOR SERVICE WHICH DIRECTLY CAUSED SUCH DAMAGE. IN NO EVENT WILL CEC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF COMPUTER NETWORKS, SYSTEMS OR DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF CEC HAS BEEN ADVISED AS TO THE POSSIBLITY OF SAME. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS HEREBY INTENDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. inCei tes HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile • Vol. 1 d If Pg. a s-CP eom www.comelectron ics.com ENTIRE AGREEMENT: CEC has not made nor is CUSTOMER relying upon any representations other that those specifically set forth herein. Both parties concur that the entire Agreement between the parties is set forth herein. Additions, deletions or changes to this Agreement must be in writing and signed by CEC and CUSTOMER to become effective. This Agreement, additions, deletions or changes to this Agreement shall be null and void unless signed by an officer of CEC. SURVIVABILITY: If any one or more of the provisions of this Agreement, or the application of such provisions to the CUSTOMER, CEC or any circumstances shall be held invalid, the remainder of this Agreement shall remain in full force and effect. If for any reason this Agreement between CUSTOMER and CEC is terminated, abridged, canceled, breached or nullified, both parties agree that any license agreement, confidentiality or non - disclosure agreements executed between both parties shall remain in effect in perpetuity. TERM AND TERMINATION: The term of this Agreement shall commence on the Effective Date and continue unless terminated in accordance with this section. The term of service hereunder shall commence on the date set forth on the Exhibit B. The term shall continue for a period of one (1) year and may be renewed for successive one (1) year terms for each Equipment List under the terms of this Agreement upon customer submitting a renewal purchase order no later than thirty (30) days prior to the date of such renewal or unless at least thirty (30) days prior to the date of any such renewal either party provides notice to the other party of its intention not to renew: (i) a portion of the product listed on the Exhibit B (ii) this Agreement together with all equipment lists (Exhibit B) ARBITRATION: If a dispute arises from or relates to this agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before a single mediator in Bexar County, Texas, administered by the National Mediation Academy, Inc. under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim arising out of or relating to the agreement or breach thereof shall be settled be arbitration before a single mediator in Bexar County, Texas, administered by the National Arbitration Institute of the National Mediation Academy, Inc. under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the parties agree, the mediator involved in the parties' mediation may be asked to serve as the arbitrator. HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile Vo1._---jiCaj-E■— 02 Y1 Commenyel Elecbenlcs Corp. www.comelectronics. com EXIIIBIT A IRECORD INTERVIEW RECORDING SYSTEM MAINTENANCE AGREEMENT COMPANY: EQUIPMENT LOCATION AND PRICING: Brazos County PER EXHIBIT B COMMERCIAL ELECTRONICS CORP. agrees to maintain the iRecord interview recording system during the term of this Maintenance Agreement by furnishing service accepted by Customer as indicated below: 1. All labor required for software maintenance and remote support; 2. All parts requiring replacement as a result of normal wear and tear; 3. Shipping charges to expedite replacement parts to the customer; 4. All labor required for repairs during normal business hours; 5. All travel time and mileage required to transport personnel and equipment for the performance of maintenance on recording system hardware during normal business hours. This agreement applies to the equipment listed on Exhibit B and its integral parts unless specifically designated as not covered. *ALL EQUIPMENT MUST HAVE A VALID SERIAL NUMBER NOTE: Remote access, as required by this Agreement, may be provided by Customer via modem line, TCP/IP connection or other method mutually acceptable to both parties. - Interview Room Recording System Maintenance Agreement — EXHIBIT A (Ot eeotct HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1316 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile VOI. _ 1 _ Pg.- -- Commercial fleaAn a awls www.comelectronics.com • EXIIIBIT 13 IRECORD INTERVIEW RECORDING SYSTEM MAINTENANCE AGREEMENT [ Remote Access 'Effective Annual Location System # Descrio4n Serial # Number Date Maintenance 1700 Highway 21 $2,555.00 West, AVA- 2 -Room Bryan, TX 77803 422784 -9 system 10 /1 /2009 +applicable sales tax [ NOTE: Remote access, as required by this Agreement, may be provided by Customer via modem line, TCP/IP connection or other method mutually acceptable to both parties. Payment in-full for the selected Tier above must be received by CEC prior to performance of any covered service action. If a lapse in coverage occurs, CEC reserves the right to inspect the system to ensure proper working condition prior to final acceptance of the Maintenance Agreement. Additional charges may apply to correct any malfunction should a lapse in maintenance coverage occur • Interview Room Recording System Maintenance Agreement — EXHIBIT B (19,2 towed HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile Vol. Ic-5t P a 51 Commercial Electronic, Corp www.comelectronics.com EXCHANGE SERVICE PROCEDURE COMMERCIAL ELECTRONICS CORP. agrees to provide refurbished parts for the covered voice logging equipment in exchange for defective boards and modules which fail due to normal wear and tear. Exchange Request: CUSTOMER will submit a request via facsimile to (210) 737 -1240 providing accurate part identification and failure detail. Parts Exchange: Commercial Electronics will pre -ship parts for requests received prior to 2:00 p.m. Commercial Electronics will provide confirmation and return material authorization to CUSTOMER via return facsimile. Requests received after 2:00 p.m. will be processed the next business day. Verification: Upon receipt, Commercial Electronics will test and evaluate the failed component. Should the failure be determined to be the result of damage incurred in accident, abuse, lighting, water damage, flood or other causes not covered by the Maintenance Agreement, Time and Material charges will apply. NOTE: The EXCHANGE SERVICE PROCEDURE ADDENDUM applies only to Maintenance Agreements Tier H or higher. Interview Room Recording System Maintenance Agreement — Exchange Addendum Instin ct HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile Von. la Pg. c 1 D • Commercial Electronics Corp www.comelectronics.com ANTI -VIRUS SOFTWARE NOTICE To prevent potential conflicts with other existing anti -virus programs which may be operating on your network, anti -virus software is not included with the recording system. However, because of the potential damage computer viruses can do, Commercial Electronics strongly suggests the purchase of anti -virus protection to be installed and kept current on all recording system servers. There are several anti -virus programs commercially available and we make no specific recommendation other than the program should include current updates. This should be discussed with your IT administrator. Should your recording system become infected with a computer virus, it will be your responsibility to eradicate the virus before Commercial Electronics performs any further maintenance which may be. required. If requested, Commercial Electronics will assist in the removal of a virus infection during normal business hours only at standard time - and - materials rates. (( acnc t HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736 -3119 (210) 737 -1240 facsimile riot. i as Pg. ag AMENDMENT TO MEMORANDUM OF UNDERSTANDING BRAZOS COUNTY EXPOSITION COMPLEX AND TEXAS A &M UNIVERSITY ATHLETIC DEPARTMENT This Amendment ( "Amendment ") modifies the Memorandum of understanding ( "MOU ") entered into by and between Texas A &M University, a member of the Texas A &M University System, an agency of the State of Texas on behalf of its Athletic Department ( "TAMU ") and Brazos County, a political subdivision of the state of Texas, on behalf of the Brazos County Exposition Complex ( "County") with an effective date of August 1, 2007. Whereas the Interlocal Cooperation Act, Texas Government Code Chapter 791, permits local governments to contract for services of mutual interest; Whereas TAMU and County established an agreement for the purposes of delineating their respective responsibilities for TAMU to operate Concession Services at the Brazos County Exposition Complex; and, Whereas TAMU and the County wish to modify a single section of the MOU and the MOU specifies that it may only be modified by a written agreement signed by both parties. Therefore, the MOU is modified as follows: DELETE Page 2, Section IV. Payment and Accounting Procedures, Paragraph 1: "TAMU shall pay the County five percent (5 %) of gross sales, "gross sales' defines as total sales from Concession Services less applicable retail sales tax and other direct taxes imposed upon receipts collected from the consumer for sales from August 1, 2007 through July 31, 2009. This payment shall be increased to twenty percent (20 %) for gross sales from the period of August 1, 2009 through July 31, 2012." ADD Page 2, Section IV. Payment and Accounting Procedures, Paragraph 1: "TAMU shall pay the County five percent (5 %) of gross sales, "gross sales" is defined as total sales from Concession Services less applicable retail sales tax and other direct taxes imposed upon receipts collected from the consumer for sales from August 1, 2007 through July 31, 2012. This payment to the County shall be increased to twenty percent (20 %) for gross sales upon the decision of the parties to increase concession prices." WITNESS OUR HANDS THIS Jf rL day of OCTOBER, 2009. Nova -Nber Vol. I d-$ 1 P a 9 a Approve By: BRAZOS COUNTY TEXAS A &M UNIVERSITY 1 _........,„ Ran d Suns Coun Jude date Phillip A. Ray . da „ is Y tY g 1? Y University Contracts Officer Recommended By: ezen i _ i - / r • relp om • ? 1es, Director date Bill Byrne , date Brazos County Exposition Center Director of Athletics Vol. _J =� Pg. z X 1- F o 0 m H ga D a D ° z , O c a o p 0 m N 0 0 0 I I W W 0 0 0 0 0 Q 0 N as O F V to d O I a i a w co r O N N a N Z K O K y :: tO I- p p O Y n o D 0 1 II O1 ." . W as 0 0 o 0 0 h. Q j W CO w a a r 0 ; o Q a K 2 0 N ' a., O = C Z W, Z W vi o 00, y U _ N D Q 0 0 = 0 a 0 w co r a w m Q co Q H 0 o W L Q W CO , p X 7 r L " � 0 =a w a s 1 ci Ca 1 .71 8 F- pN Z a iii G N ip' to en ` 0 a W' a o > w O aa, u z C W O O a Z Z c 1. N re t Z � 4 la I-1 to la CO 0 4k no 0 r a7 w X 0 p O J d' o 0 - E la .s Z W Q z ° x o Z at Y 0 Y N re CO W N 0 0. R a a d " t 2 1 o et o in to 0 N 0 r > 1- 0 r s Vol. )?-1( Pg. a 9 if RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. KNIFE RIVER 7 - d/-¢ 5 Authorized Signature Date BRAZOS COUNTY • Randy Sims, County Judge Date Vol. I an Pg. 0 " 5 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. BRAZOS SITEWORK Authorized Signature Date BRAZOS COUNTY • Randy Sims, County Judge D Vol. 1 a8` P 9 1 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. STATEWIDE MATERIALS u orized $f nature D to BRAZOSCOUNTY '_ �l f n Randy Sims, County Judge Date Vol. I 3-3-‘ P ta" __. RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. RTI HOTMIX, LTD. Arsaa ,a0 Authorized Signature Date BRAZOS COUNTY Randy Sims, County Judge Date 02 9 � vol. 1 ____-� — Pg. RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. AUSTIN CRUSHED STONE ,B10,109 Authorized Signature Date BRAZOS COUNTY ( andy Sims, County Judge Date 9 Vol. g pg. o? 9 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -10, new Bid # 2010 -05R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -05R with no increase in price. The term of this renewal is from November 15, 2009 through November 14, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. SUPERIOR CRUSHED STONE f -- �..... . /O- 3 • t • rized Signature Date BRAZOS COUNTY t(/,-7 Randy Sims, County Judge Date Vol. / p 3 0® BID TABULATION 2009 -10 FLEXIBLE BASE) SCREENINGS I SAND 1112012008 THRU 11/19/2009 LOADED/ LOADED/ EST LOADED HAULED LOADED HAULED BIDDERS ONLY ONLY LOCATION OF PLANT TONNAGE 58,420 LBS 68,8 80,000 LBS �9 AUSTIN CRUSHED STONE , • FLEX BABE TYPE A GR 1 - Flexible Ban, Cod* M (TCS) 310,000 $ 6.25 $ 30.15 $ 6.25 $ 22.87 Round Rock, TX LIMESTONE SCREENINGS- Dry Screening 4m, Code 268 (TCS) 2,000 $ 4.25 $ 27.49 $ 4.25 $ 20.57 Round Rock, TX WASHED CONCRETE SAND- Washed Sand, Coda 270 (TCS) 2,000 $ 9.45 $ 34.41 $ 9.45 $ 26.57 Round Rock, TX RIPRAP TYPEF - 1T Rip Rap. Code 012 Hard Stone ITCS3 2,000 $ 10.85 9 40.13 $ 10.85 $ 30.17 Round Rock, TX T- r AGGREGATE TYPE 1 -3 x 5 Stone, Coda 005 (TCS) 2,000 $ 9.85 $ 33.99 $ 9.85 $ 25.58 Round Rook, TX Y -6 "AGGREGATE TYPE 2.3x 5 Stone, Code 005 (ICS) 2,000 $ 995 $ 33.99 $ 9.85 8 25.58 Round Rock, TX 3"- r AGGREGATE TYPE 4- 3 x 6 Stone, Code 005 (705) 2,000 $ 9.85 $ 33.99 $ 9.85 $ 25.58 Round Rock, TX RIPRAP TYPE R• Rip Rap 24•, Code 024 (TCS) 2,000 $ 14.40 $ 42.82 $ 14.40 $ 31.68 Round Rock, TX BRAZOS SITEWORK FIE( BASE TYPE A GR 1- Sup*AMx 111 310,000 $ 20.00 3 33.00 S 20.00 $ 22.00 Georgetown UMESTONE SCREENINGS - Limestone Screenings 92 2,000 $ 14.50 $ 23.55 $ 14.50 $ 17.59 Kama WASHED CONCRETE SAND - Washod Send 4000 2,000 $ 10.00 1 18.00 $ 10.00 $ 13.00 Maysfleld RIPRAP TYPE F 2,000 NUB 3181 NIB NIB 3 "- 6' AGGREGATE TYPE 1 2,000 NB NB NIB NB 3'- 6' AGGREGATE TYPE I 2.000 3185 NB PUB NIB 3-- 5' AGGREGATE TYPE 4 2,000 NB N/B 3185 NIB RIPRAP TYPE R 2,000 3185 MIS 3185 PUB *COLORADO MATERIALS FLEX BASE TYPE A, GRI -1-247 Ty -AOr -1 Base 81010 310,000 $ 4.75 $ 55.50 $ 4.75 $ 33.75 ComalCounty, TX LIMESTONE SCREENINGS - Dry Screenings 91435 2,000 $ 235 $ 53.00 $ 235 $ 31.25 Corral County, TX WASHED CONCRETE SAND 2,000 3181 1485 _ 3183 NIB Coma' County, TX RIPRAP TYPE F 2,000 NB NB NIB NB Canal County, TX T - 6" AGGREGATE TYPE 1 2,000 3183 M83 MB NB ConW County, TX 3"- 6" AGGREGATE TYPE 2 2,000 3185 1481 NIB M83 Coma! County, TX _ T - 6' AGGREGATE TYPE 4 2,000 3183 1483 NB NIB Coma' Courtly, TX RIPRAP TYPE R 2,000 NB NB NIB NB Camel County, TX KNIFE RIVER FLEX BASE TYPE A, GR 1 • Colorado Ty. A Gd. 1, lbw 247 Base 310.000 15.40 $ 22.00 $ 15.40 $ 19.25 Bryan, TX Materiel Yard LIMESTONE SCREENINGS - Colorado Dry Screening 2,000 14.16 $ 20.46 _ $ 14.18 $ 18.00 Bryan, TX Material Yard WASHED CONCRETE SAND - Ssemerdo Washed Band 39203 2,000 9.00 $ 15.27 $ 9.00 $ 1292 Bryan, TX Matadi% Yard RIPRAP TYPE F 2,000 25.00 14B $ 25.00 $ 4344 Gronbck, TX T- 6" AGGREGATE TYPE 1 2,000 19.00 NB $ 16.00 $ 31.34 Groesbeck TX 3 " - AGGREGATE TYPE 2 2000 17.00 NB $ 16.00 $ 31.34 Groesbeck, TX 3 "- C AGGREGATE TYPE 4 2,000 10.00 NB 8 16.00 $ 31.34 Groesbeck, TX RIPRAP TYPE R 2,000 25.00 NB $ 25.00 , $ 43.44 Grosebck, TX RTI HOTMIX FLEX BASE TYPE A, GR 1 - Geode 1 Bne,1001 310,000 3.90 $ 22.40 $ 3.90 $ 22.40 Georgetown. TX LIMESTONE SCREENINGS - Dry Screenings 2010 2,000 1.00 $ 19.50 $ 1.00 3 19.50 Gnmetown, TX WASHED CONCRETE SAND- Washed Manufactured Sand 2011 2,000 2.50 $ 21.00 $ 2.50 $ 21.00 Georgetown, TX BPRAP TYPE F 2,000 NB NB NB NB Georgetown, TX 3'- 6' AGGREGATE TYPE 1 2,000 NB NB NB NB Georgetown, TX 3 "- 6' AGGREGATE TYPE 2 2.000 NB PUB NB NB Georgetown, TX 3'. C AGGREGATE TYPE 4 2,000 NIB NB NB NB Georgetown, TX RIPRAP TYPE R 2,000 NB NB NB NB Georgetown, TX SUPERIOR CRUSHED STONE FLEX BASE TYPE A GR 1 310,000 4.00 $ 34.00 4.00 $ 19.50 Jarrell, TX LIMESTONE SCREENINGS- Limestone Screenings 2,008 200 $ 32.00 2.00 $ 20.00 Jarnil, TX WASHED CONCRETE SAND- Washed Concnta Sand 2.000 10.00 $ 20.00 10.00 $ 10.00 Jarrell, TX RIPRAP TYPE F -1T Rip Rap 2,000 1200 $ 4200 12.00 $ 30.00 Janell, TX T - C AGGREGATE TYPE 1 -3 x 5 Aggregate. Type 1 2,000 7.50 $ 37.50 7.50 $ 24.50 Janelk TX T -6" AGGREGATE TYPE 2 - 3 x 6 Age moats Type 2 2,000 7.50 $ 37.50 7.50 $ 24.50 Janell, TX 3' - AGGREGATE TYPE 4- 3x 6 Aggregate Type 4 2,000 7.50 $ 37.50 7.50 $ 24.50 Jarrell, TX RIPRAP TYPE R- 1T Rip Rap 2,000 12.00 $ 42.00 12.00 $ 30.00 Janet', TX TEXCON FLEX BASE TYPE A, GR 1 -Stab Ban TM042 310,000 21.45 $ 29.45 3 21.45 $ 27.45 Bryan, TX UMESTONE SCREENINGS - Limestone Screenings 705 288 2,000 21.00 $ 29.00 $ 21.00 $ 27.00 Bryan, TX WASHED CONCRETE SAND- Washed Consists Sand Th1022 2,000 15.00 $ 26.00,3 18.00 $ 24.00 Bryan, TX RIPRAP TYPE F 2,000 NB NB NB NB BMn, TX 3"- C AGGREGATE TYPE 1 -3 X 5 Hard Stone TM050 2,000 25.95 $ 33.85 $ 25.95 $ 31.95 Bryan, TX 3'- C AGGREGATE TYPE 2 -3 x 6 Hard Stone TM 05D 2,000 25.95 $ 33.95 $ 25.95 1 31.95 Bryan, TX 3'- C AGGREGATE TYPE 4- 3 X 5 Hard Stone TM050 2,000 25.95 $ 33.95 $ 25.05 $ 31.95 Bryan, 11( RIPRAP TYPE R, 24" Rip Rap TM058 2,000 3400 $ 44.00 $ 36.00 $ 4200 Bryan, TX "'GROUND BASICS FLEX BASE TYPE A GR 1 - Flexible Base Type A Grade 1 9547 310,000 6.50 $ 25.50 1 6.50 $ 24.50 Bryan, TX UMESTONE SCREENINGS - Dry Screenings TCS 268 2,000 6.25 $ 2535 $ 5.25 1 23.25 Bryan, TX WASHED CONCRETE BAND- Washed Mfg. Sand, TCS 9270 2,000 9.50 $ 18.50 1 11.50 1 15.50 Bryan, TX RIPRAP TYPEF - 1x 12 Hard Stone Type F, TCS 9012 2,000 12.45 $ 3285 $ 1285 $ 30.85 Bryan, TX T- 6' AGGREGATE TYPE 1 •3 x 6 Storrs, Code 005 (709) 2,000 - 1.485 $ 32.85 $ 12.85 $ 28.85 Bryan. TX - VOX. I- ._.-- .. v g . -'- BID TABULATION 2009 -10 FLEXIBLE BASE / SCREENINGS 1 SAND 11/20/2008THRU 11/1912009 3' - AGGREGATE TYRE 2- 3x 5 Stone, Code 005(res) 2,000 $ 12.85 $ 32.85 $ 12.85 28.85 Bryan, TX r -r AGGREGATE TYPE 4- 3x 5 Stone, Code 005(rCS) 2,000 - 5 1L85 $ 32.85 $ 12.85 28.85 Bryan, TX RIPRAP TYPE R, Rip Rep Type R (5 x 13 Largest Available), 0018 2,000 $ 17.00 $ 35.00 $ 17.00 33.00 Bryan, TX STATEWIDE MATERIALS TRANSPORT FLEX BASE TYPE A, GR 1 - Al Limestone, GR1 310,000 $ 20.87 $ 20.87 $ 20.87 20.87 Georgetown & Jarrell, TX LIMESTONE SCREENINGS - Limestone Screenings, LS 2,000 $ 19.27 $ 19.27 $ 19.27 19.27 Georgetown & Jarrell, TX WASHED CONCRETE SAND 2,000 N/B Nl9 NIB NIB Georgetown a Jarrell, Tx RIPRAP TYPE F - Type R, 1 x 12 2,000 $ 33.33 $ 33.33 $ 33.33 33.33 Georgetown & Jarrell, TX 3 " -6' AGGREGATE TYPE 1 -3 X 5 2,000 $ 28.53 $ 26.53 $ 26.53 26.63 Georgetown & Jarrell, TX 3' - AGGREGATE TYPE2 -3x6 2,000 $ 26.53 $ 26.53 6 28.63 26.53 Georgetown& Jarrell, TX 3'- 6' AGGREGATE TYPE 4 - 3 X 6 2,000 $ 26.53 $ 26.53 $ 25.53 26.53 Georgetown & Jarrell, TX RIPRAP TYPE R, Type R 1 x 3 2,000 $ 33.91 $ 33.91 $ 33.91 33.91 Georgetown & Jarrell, TX LONE STAR AGGREGATES FLEX BASE TYPE A, GR 1 - State Base TM045 310,000 NIB NIB NIB NIB Richland, TX UMESTONE SCREENINGS - Screenings 2,000 $ 9.50 $ 37.60 $ 9.50 6 29.15 Richland, TX WASHED CONCRETE SAND - 2,000 NIB NIB NIB NIB Richland, TX RIPRAP TYPE F - Rip Rap 12 x 18 2,000 $ 23.50 $ 61.60 $ 23.50 $ 43.15 Richland, TX 3' - AGGREGATE TYPE 1 -3 X 5 Filter Rock 2,000 $ 16.75 $ 44.75 $ 16.75 3 3640 Richland, TX 3' - AGGREGATE TYPE 2 -3 X 5 Filter Rock 2,000 $ 15.75 $ 44.75 $ 16.75 6 38.40 Richland, TX r - AGGREGATE TYPE 4- 3 X 6 Filter Rock 2,000 $ 18.75 $ 44.76 $ 16.75 9 38.10 Richland, TX RIPRAP TYPE R, Rip Rap, Type 'R' 2,000 $ 23.50 $ 61.50 $ 23.60 $ 43.15 Richland, TX `Colorado Materials requires a 48 hour notice for delivery of materials to Job site '"Ground Basics requires a 48 -72 hour notice for delivery of quantities over 1500 tons per day RECOMMENDATION: 80,000 # Loaded and Hauled Flexible Base - Primary Vendor, Knife River Secondary Vendor, Superior Crushed Stone Limestone Screenings - Primary Vendor, Brazos Sitework Secondary Vendor, Knife River Washed Concrete Sand - Primary Vendor, Superior Crushed Stone Secondary Vendor, Knife River RlpRap Type F, 3 -6" Aggregate Type 1,2 & 4, & Rlprap Type R Primary Vendor- Superior Crushed Stone Secondary Vendor- Austin Crushed Stone 80,000 # Loaded Only Flexible Base and Limestone Screenings - Primary Vendor- RT1 Hotmix Secondary Vendor- Superior Crushed Stone Washed Concrete Sand- Primary Vendor, RTI Hotmix Secondary Vendor, Knife River Rlprap Type F- Primary Vendor, Austin Crushed Stone Secondary Vendor, Superior Crushed Stone 3-6" Aggregate Type 1,2 & 4, & Rlprap Type R Primary Vendor- Superior Crushed Stone Secondary Vendor- Austin Crushed Stone 58,420 # Loaded and Hauled Flexible Base - Primary Vendor, Statewide Materials Secondary Vendor, Knife River Limestone Screenings- Primary Vendor, Statewide Materials Secondary Vendor, RTI Hotmix Washed Concrete Sand- Primary Vendor, Knife River Secondary Vendor, Brazos Sitework Riprap Type F- Primary Vendor, Ground Basics Secondary Vendor, Statewide Materials 3 -6" Aggregate Type 1,2 & 4, & Riprap Type R Primary Vendor- Statewide Materials Secondary Vendor- Ground Basics 58,420 # Loaded Only Flexible Base, Limestone Screenings, & Washed Concrete Sand Primary Vendor, RTI Hotmix Secondary Vendor, Superior Crushed Stone RipRap Type F- Primary Vendor, Austin Crushed Stone Secondary Vendor, Superior Crushed SL 3-6" Aggregate Type 1,2 & 4, & Riprap Type R Primary Vendor- Superior Crushed Stone Secondary Vendor- Austin Crushed Stone COURT APPROVAL: � � - APPROVAL DATE: 11/1 7 Vo1. - Pg ao a RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009 -08, Seal Coat Projects for Pcts. 1,2,3 & 4, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -11R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. F.N. PLOCH CONSTRUCTION COMPANY, INC. a, p'd__. /o : a 7 - Authorized Signature Date BRAZOS COUNTY Randy Sims, County Judge Datd Y tY g e Vol. 1 a FS Pg. 31) 3 BID TABULATION 2009 =08 . SEAL COAT PROJECTS FOR PCT. x4C. i?a rF,tx. H ,S ._ 2 ^ -i 1 ✓ , t , <e } I #. 7x._ro F.N. PLOCH LOCATION RATES ESTIMATED CONSTRUCTION GALISQ YD SQ YD New Braunfels, TX PCT 1 0.40 12,082 1.600 0.42 110,274 1.640 PCT 2 0.40 57,211 1.600 0.42 350,462 1.640 PCT 3 0.40 8,839 1.600 0.42 44,024 1.640 PCT 4 0.40 4,511 1.600 0.42 110,744 1.640 y wa d .41 MY. �'r+; "5.µu''�'��''R "'x�`" IIK.1 SPRIZO7 � . W1 TOTAL: 0.40 615,504 $132,228.800 0.42 82,643 $1,009,426.560 Grand Total 698,147 $1,141,655.360 START DATE Monday, June 01, 2009 RECOMMENDATION: Primary: '. Fred A Ploch Secondary: ,. None Court Approval.. Approval Date:; • i((!7 /0j °- Vol. I �- a � - Pg.- ---- -- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: November 17, 2009 1 l 16cw.rl ITEM: Request from W4c Special Utility District to construct a road bore for water line installations in the right of way of McCullough Road. Site is located in Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMI BY: APPROVED BY: ,-- Richard F. Vance, P.E. Commis oner Lloyd Wassermann County Engineer Precinct 1 CC2009 -074 This Request is Approved / Denied ❑ by Commissioners' Court Date: Randy Sims, County Judge Vol. �i C Pg. HARLE ENGINEERING COMPANY TBPE Firm #4538 3002 Texas Avenue South College Station, Texas 77845 Voice/Fax 979.693.7191 October 14, 2009 Gary Arnold Brazos County Road & Bridge Brazos County, Texas RE: Wellborn Landing Subdivision — Wellborn, Texas Dear Mr. Arnold: Attached is an application for a road bore permit for a waterline to be constructed across McCullough Road in Wellborn, Texas. The design of the waterline and road bore are shown on the attached plans. Please call if you have any questions. Sincerely, Jos )ph P. Schultz, P.E. Civil Engineer Vol. Ja P o' �a • REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) I r M t W 1 n or /h` n . A6j propose? to p lace • a (type) W ei,nA within _ across kthe right -of -way of (road) /tit C L U. Ilol s k 6c4 J 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 ? - day of Sc ff— 200 1 Firm: i E- w Park ' L }d By: Title: ►m AM e_t � Address: 4t5° S- ( S0cftf 1 Cb(le ,7' 77$45 Phone: 11 (� APPROVED BY COMMISSIONERS' COURT: r at} 1 i ",J D C! D. Randy Sims, County Judge - I t o _ Dc Brazos County, Texas { G� ( , I t/ a9/2008 Vol V / / La \ e STA. 12+38.53 \ 10 X 22.5' M.J. BEND STA. 12 +58.21 A. 10 X 22.5' M.J. BEND A RIGHT -OF -WAY \ I 0 DEDICATION 4 \ :\ STA. 12 +60.71 .164 ACRES x REMOVE FIRE HY ASSEMBLY 0 \' A EXISTING 10" .� STA. 12 +59.. 0 p1 10" M.J. GATE V) W W +8 ` +o�— N x • CI ul, STA. 11 +65.62 �� \'� �j / II 8" M.J. GATE VALVE Q \ STA. 11 +66.62 \ \' \ O AO" X 8" M;J.:RE000ER \ / _ STA. 11 +68.12 r (/� 10" X B" M.J. TEE WITH \ / 15.0. F OF 8" PIPE & .' \ r FIRE HYDRANT ASSEMBLY I � � � � I \ r I / / LOT ■ / / \ 3:150 ACRES / 4o zo 0 I SCALE IN FEET BLOCK 1 viol. I .18 p 3o K\/ / LAN 1 &.87 WATERLINE W -1