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HomeMy WebLinkAbout2012-11-27-10:00AM-REGULAR SESSIONI [7 BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 27, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas flag - Chaplain G.H. Jones and Commissioner Irma Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 15: 3 . Cancellation of the following scheduled regular meetings of Commissioners Court: • a. December 25, 2012 • b. January 1, 2013 4. Advance Funding Agreement CSJ#0917 -29 -120 between Brazos County and Texas Department of Transportation for Bridge Replacement and Rehabilitation off the State System. 5. Advance Funding Agreement CSJ#0917 -29 -121 between Brazos County and Texas Department of Transportation for Bridge Replacement and Rehabilitation off the State System. 6 . Payment Authorization to Variverge in the amount of $4,531.25 for the balance due for postage on tax statements Purchase Order did not cover the full amount due. 7. Requisition # 00040765 in the amount of $78,641.00 to Santex Truck Centers for the purchase of a 6 Yard Dump Truck for the Road and Bridae Department using HGAC Contract # HT11 -12. 8. Requisition # 00040762 in the amount of $620.27 to Motorola Solutions for the purchase of a Radio for the Road and Bridge Department 6 Yard Dump Truck. g, ,Approval of the attached capital requisition #00040767 to Kitchen Resources LP for the purchase of a Conveyor Toaster for the Brazos County Detention Center in the amount of $1,186.33. 10. Approval of requisition # 00040763 to Key Warden for key control systems for the Courthouse L i BRAZOS COUNTY detention area in the amount of $8.049.65. 11. Tax Refund Applications for the following: • a. HSBC - overpayment- $269.97 • b. Mrs. James Pritchett - overpayment- $10.00 12. Budget Amendments. Budget Amendments FY 11/12 55.1 thru 55.4 Budget Amendments FY 12/13 9.1 thru 9.3 13, Approval of the attached capital requisition #00040769 to A -Tex Restaurant Supply for the purchase of a hot food counter for the Brazos County Detention Center in the amount of $4,960.00. 14. Personnel Change of Status. Personnel Action Forms 15. Payment of Claims. 16. Sheriff's report on inmate population. 17. Announcement of interest items and possible future agenda topics. 18. Call for Citizen input and /or concerns. 19. 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 Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are .available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. v _ R1 t • ,r r � r� C NOTICE OF ADDENDUM BRAZOS COUNTY COMMISSIONERS COURT In addition fo the regular agenda, the Commissioners Court will consider and take action on the following item(s): MEETING November 27, 2012 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas Agenda 1. The Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas 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. BRAZOSCOUNTY BRYAN,TEXAS MINUTES November 27, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Page.odf File Stamr)ed Agenda.odf File Stamped Addendum.pdf f- Sian in sheet odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, November 27, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas flag - Chaplain G.H. Jones and Commissioner Irma Cauley 2. Call for Citizen input and /or concerns. Charles Mancuso of 3645 Mancuso Road stated his concern with the following issues: . Air quality - neighbor is burning toxic trash about 2 or 3 times a week. G BRAZOSCOUNTY BRYAN,TEXAS • Brick mailboxes close to the road are dangerous. • Speeder and tailgater's are a danger on FM 2023. He asked the court's help with these problems. Consider and take action on agenda items 3 -15: 3. Cancellation of the following scheduled regular meetings of Commissioners Court:a. December 25, 2012b. January 1, 2013 LID Item 3.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 4. Advance Funding Agreement CSJ #0917 -29 -120 between Brazos County and Texas Department of Transportation for Bridge Replacement and Rehabilitation off the State System. Item 4.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 5. Advance Funding Agreement CSJ #0917 -29 -121 between Brazos County and Texas Department of Transportation for Bridge Replacement and Rehabilitation off the State System. Item 5.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 6. Payment Authorization to Variverge in the amount of $4,531.25 for the balance due for postage on tax statements. Purchase Order did not cover the full amount due. 19 Item 6.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Requisition # 00040765 in the amount of $78,641.00 to Santex Truck Centers for the purchase of a 6 Yard Dump Truck for the Road and Bridge Department using HGAC Contract # HT11 -12. 10 Item 7.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Requisition # 00040762 in the amount of $620.27 to Motorola Solutions for the purchase of a Radio for the Road and Bridge Department 6 Yard Dump Truck. Item 8.)d Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Approval of the attached capital requisition #00040767 to Kitchen Resources LP for the purchase of a Conveyor Toaster for the Brazos County Detention Center in the amount of $1,186.33. Item 9.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 10. Approval of requisition # 00040763 to Key Warden for key control systems for the Courthouse detention area in the amount of $8,049.65. Item 10.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Tax Refund Applications for the following: Item 11.odf • a. HSBC- overpayment - $269.97 • b. Mrs. James Pritchett- overpayment - $10.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Budget Amendments. Budget Amendments FY 11 /12 55.1 thru 55.4 1 0 FY 12 Amendments.odf 55.1 Reallocate funds for Information Technology 55.2 Reallocate funds for Hotel Occupancy Tax Fund 55.3 Transfer funds from the Expo General Fund to Debt Service Fund 55.4 Reclassify GDEM -State Homeland Security Grant Budget Amendments FY 12/13 9.1 thru 9.3 FY 13 Amendmentsmdf 9.1 Reallocate funds for Jail Inmate Holding Remodel 9.2 Reallocate funds for Capital Projects 9.3 Transfer funds from General Fund Contingency to Constable Precinct 2 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Approval of the attached capital requisition #00040769 to A -Tex Restaurant Supply for the purchase of a hot food counter for the Brazos County Detention Center in the amount of $4,960.00. Item 13.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Personnel Change of Status. i_ 2 , fi c / a c Personnel Action Forms D. Item 14.odf lb Abstention Affidavit.tif A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members voting Abstain: Peters . 15. Payment of Claims. There were no claims. 16. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 592 inmates in jail, 60 have electronic monitors and 20 are pending for monitors. At this point the County Judge considered an Addendum to the agenda that was an out of state travel request for Fiona Lockhart and Karl Hengst to attend the 2012 International Fairs and Expositions Convention held in Las Vegas, Nevada, November 24 -30, 2012. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 17. Announcement of interest items and possible future agenda topics. The County Judge stated that there will probably be a special called meeting on Friday, December 28, 2012 at 10:00 a.m. since the meetings on December 25, 2012 and January 1, 2013 have been canceled. 18. Call for Citizen input and /or concerns. There was no citizen's input. 19. Adjourn. 17 1 �a5 The foregoing minutes of the Commissioners Court meeting held November 27, 2012 have been examined and are approved in open Court this � a day of 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 J ammy Cat j1a Kenny Mallard Commissio, Precinct 2 Commissioner, Precinct 3 Attest: 9�i j -'V 4�'� KareA McQueen County Clerk Vol /�'Z Page I � BRAZOS COUNTY COMMISSIONERS COURT MEETING ON u a27 2012 AT QO Name (PLEAS� PRINT) --- ,OEganization/Depa"nt , r4m�jb%p 74 4" l/ �. / . ✓a..f/ ,I� Pop "w� i FI� PER , . 1 WA r W ; a ah, Fulm L9vR�Y'��A�is BRAZOS COUNTY COMMISSIONERS COURT MEETING ON I l 7i1 2012 AT J O , Name (PLEASE PRINT) Organization /Department 8S.,1Cie— CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State ", and the Brazos County acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist the states in the replacement or rehabilitation of deficient bridges located on public highways, roads, and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns one or more bridges on a public road or street located at Cedar Creek on CR 121 (Dilly Shaw Tap Road) and these bridges are included in the currently approved off -state system federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30 , 2012; and WHEREAS— the -Gover - Wing - Body- ofthe-L-oeal- Gover- nnieflt� approved enteri r4g4nto-tFa i Agreement by resolution or ordinance, which is attached to and made a part of this agreement as Attachment A for the development of the specific programmed replacement or rehabilitation project, called the "Project ". The Project is identified in the location map shown as Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth, it is agreed as follows: Brige- Bridge _AFA Page 1 _of 14 - Revised 05/04/2012 Bridge Division ° ® 9 CSJ # 0917 -29 -120 District# 17 Code Chart 64 # 50021 Project: BR l 1 NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain .in effect until terminated as provided in Article 2. 2. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party, because of a breach, in which case any cost incurred because of the breach shall be paid; by the breaching party; C. The Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for one - hundred percent (100 %) of its reasonable actual direct and indirect costs incurred for the project; or D. The project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may at its discretion terminate .the agreement. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the. terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon written amendment executed by all parties to this Agreement. ; 4. Remedies This Agreement shall not be considered as specifying the, exclusive remedy .for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement. is the replacement 'or rehabilitation of the bridges identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications, and estimates developed in accordance with this Agreement and which are incorporated in this agreement by reference. Brige= Bddge_AFA Bridge Division Page 2 p€ .14 V s + - I __. Revised - . 05104 /2012' J CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure# 17= 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development 6. Right of Way and Real Property A. The Local Government is responsible for the provision and acquisition of all necessary right of way. and will not be reimbursed with federal or state funds for the required right of way. B. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the sites of theseibridges and adjacent right of way or relocation right of way to perform surveys, inspections, construction, and other activities necessary to replace or rehabilitate these bridges and approaches. 7. Adjustment of Utilities The Local Government shall. be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay. resulting from the Local Government's failure to ensure. that utility facilities are adjusted removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that I the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. ` A. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. B, Cos part in environmental assessment and jremediation work shall be paid - by the parties Wth - "amp ratio - as - construction -- costs - and wiH included - i the construction costs identified in Attachment D, Estimate of Direct Costs. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas. Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Brige- Bridge_AFA Page 3 of 14 ReVis�rt 0 04 /2012 Bridge Division I Vol G �// CSJ # 0917 -29 -120 District # il 7 Code Chart 64 # 50021 Project: BR NBI Strudture# 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development Standards .(TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102,. Texas. Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The State is .responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law.' The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and'award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. Upon completion of the Project, the State will issue a "`Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs. B. Attachment D provides a. source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. C. The required Local Government participation is based, solely upon the State's estimate of the eligible work at the time this Agreement is executed and-will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In Brige- Bridge _AFA Bridge Division Page -4 of 14 Revised ,05 /04/2012 CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. D. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. E. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government shall remit to the State the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay, at a minimum, its funding share for 'this estimated cost of preliminary engineering. F. Forty -five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owed. G -1f — at ttt completion ortermin of Project, the - State determines - that — additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. Brige- Bridge _AFA Page 5 of 14 Revised 05/04/2012 Bridge Division vo CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development 1. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. J. The State will not pay interest on any funds provided by the Local Government. K. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. L. The amounts shown on Attachment D are estimates only. If actual costs exceed the estimates, this shall be considered a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the federal HBRRP. If actual costs are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to the Local Government upon completion of the Project. M. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent ( /A %). N. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a su bcontract under this contract. Acceptance of funds directly under this contract or indirec ly tbro a pub urrdeT - this - contract - acts - as - acceptance - of - the -- - authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices Brige - Bridge AFA Page 6 of 14 Revised 05/04/2012 Bridge Division a i . r CSJ. # ' 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # . 20.205 Not Research and Development more than : ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 14. Performance by Local Government of Equivalent -Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation Waived Projects (PWP) A._ Applicability. If a request .for waiver has been received - and approved by the State's District Engineer, then the required ten percent'matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, Estimate of Direct Costs, but excluding iineligibi.e Costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other' bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a PWP and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the EMPs. Attachment C to this Agreement shows a list of EMPs under this Agreement. B. Project Cost Estimate for.PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering, and construction costs for the PWP in total and local match fund participation being waived or partially waived. C. Credit Against EMP Work. Any local match fund participation that has. already been paid., or which the Local Government is agreeable to paying to the State, Will be credited against EMP work to be performed by the Local Government. If applicable, this credit will be reflected in Attachment D.'to this Agreement. D. Responsibilities of the Local Government on EMPs. 1. The Local .Government shall be responsible for all engineering and construction, related - costs, and compliance with all applicable state and federal environmental regulations and permitting requirements. 2. The structural or safety improvement work on the EMPs shall be performed subse - to th - of - this - Agreement b-ut within-tfhree-(3- calendar years after the earliest contract award of the related PWPs. 3. Written documentation, suitable for audit, of the structural or safety improvement Work completed on the EMPs shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related to those items, whichever is longer. �A notice of completion of work on the EMPs shall be delivered, to the State's District Engineer no later than thirty (30) calendar days. after work is completed on the EMPs. Brige- Bridge AFA Bridge Division Page 7 of 14 Revised 05/04/2012 f� V ol. / �i� CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # ' 20.205 Not Research and Development 4. Failure bythe Local Government to adequately complete the E.MPs within the stated three -year period shall result in the Local Government being excluded from receiving such waivers for a. minimum of five (5) years. E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State one hundred percent (100 %) of the cost of any PWP item or portion, of a cost item that is not eligible for federal or state participation, and one - hundred percent (100 %) of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional is preliminary engineering, the payment shall be made at least thirtyl(30) days ,prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to! either party shall be delivered, personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: State: Director, Bridge Division Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 Local Government: Brazos County Judge 200 South Texas Ave.,. Suite 332 Bryan, TX 77803 All notices shall be deemed given on the date delivered in ' person or deposited in the mail, unless otherwise provided, by this agreement. Either; party may change the a ddlress by sending written - ubue of - the - change - to - the othsr Either party may request in writing that notices shall be delivered; personally or by certified U.S. mail, and that. request shall be carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or uneriforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain, the invalid, illegal; or unenforceable provision. cBrige- Bridge_AFA :.. Bridge Division Page 8 of 14 Revised 05104/2012 __J .CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals' shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the. subject matter of this Agreement. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost rinciples establish- e- l- in -OM-B -Circular -A =87 -that specify4h-at- all- reir-nbursed -oosts -arm allowable, reasonable, and allocable to the Project. 22, Procurement,and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 C.FR §18.36 and with the property management standard established in Title 49 CFR §18.32.. Brige- Bridge AFA Page 9 of 14 Revised 05/04/2012 Bridge Division i v 47'2 //' CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # ' 20.205 Not Research and Development 23. Inspection. of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting, records, and other documentation relating to co sts incurred under this Agreement and shall make such materials available to the ;State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA) and the U.S. Office of the Inspector General, or their duly authorized representatives, for review and inspection at its office during the contract period and for four (4) years from the date of completion.of work defined under this contract or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, the FHWA, and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.' 24. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200)., and Executive Order 11246 titled Equal Employment Opportunity," as amended by Executive Order 11375 and 'supplemented in the Department of Labor Regulations (41 CFR Part 60).. 25. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in.49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE progr_arb. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program eferenced- irrT-x00= F Forin Memel- andum- of- UUnder- standing- R -ega-rding-the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged, Business Enterprise .by Entity and attachments found at web address http: / /txdot gov /business /business outreach /mou.htm E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S.. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The ,Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in. award and administration of DOT - assisted contracts. The Brige- Bridge_AFA Page.10 of 14 _.. Revised 05/04/2012 Bridge Division CSJ # 0917 -29 -120 District #• 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development State's DBE program, as required by 49 CFR .Part 26 and. as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose ,sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract.the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub- recipient, or sub- contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems. appropriate. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: 1. A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the Brige- Bridge _AFA Page 11 of 14 Revised 05/04/2012 Bridge Division ' Vol. ���� r� w // i CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: hftp://edocket. 0/t3df/201 O- 22705.p and http:/ /edocket access gpo gov /2010 /pdf /2010- 22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: hftps://www. 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) umtie 7-� . . - e-cha, a ternvmberthat aitowsthe federai gover - nment to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http: / /fedgov.dnb.com /webform and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and Brige- Bridge _AFA Page 12 of 14 Revised 05/04/2012 Bridge Division VUl CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17- 021.- 0- AA0121 -002 Federal Highway Administration CFDA# , 20.205 Not Research and Development ii'. The compensation information is not already available through reporting to the U.S. Securities. Exchange Commission. 29. Successors and Assigns The State and. the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of'this Agreement. 30. Local Government Restrictions In the case that the Local Government has an existing, future, or proposed local ordinance, commissioners court order, rule, policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive., or change. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984 P. L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met'during the Local Government's fiscal year, the Local Government must submit a Single :Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11.th Street, Austin, TX 78701 or contact TxDOT's Audit Office at . hftp://www.txdot.gov/contact us /audit.htm C.. If expenditures are less than $500,000 during the Sub- recipient's fiscal year, the Sub - recipient must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described h shall extend- thfougho it the &—d-th agreement, .unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory , warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Bdge- Bridge AFA Bridge Division Page 13 -of -14 Revised 05/04/2012 Val 1:2_ CSJ # 0917 -29 -120 District,# 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure .# 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA #- 20.205 Not Research and Development THIS AGREEMENT' IS EXECUTED by the State and the Local Government in duplicate. TFFLO�CAL COV ME, T Signature Duane Peters Typed or Printed Name Brazos County Judge Title 11 - a�� - �a Date THE STATE OF TEXAS Gregg A. Freeby, P.E. Director, Bridge Division Texas Department of Transportation Date Brige- Bridge AFA Bridge Division Page 14 of 14 Revised 05/04/2012 Vol- CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR .NBI Structure # 17-021 -0-AA01 21-002 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge- Bridge _AFA Page 1 of 1 Attachment A :Bridge Division - � " ' ` - Vol, ATTACHMENT A RESOLUTION The State of Texas County of Brazos WHEREAS, the Federal Highway Bridge Rehabilitation and Replacement Program is administered by the Texas Department of Transportation (the "State "); and WHEREAS, its purpose is to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets, both on and off the state highway system; and WHEREAS, Brazos iCountv hereinafter referred to as the "Local Government ", owns the bridges identified below in this Resolution; and WHEREAS, project(s) to remedy these bridge(s) is /are included in the currently approved program of projects authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30, 2012 and WHEREAS, the usual participation ratio for these projects is 80 percent federal, 10 percent state and 1.0 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions, the State may waive the.! 10 percent Local Government participation requirement if the Local Government agrees to perform, or causes to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross - drainage structures within its jurisdiction. This structural improvement work will be referred to as an "Equivalent -Match Project;" and 'WHEREAS, the Local Government's estimated participation requirement in the approved off- system bridge project(s), listed below and hereinafter referred to as the "Participation- Waived" project(s), is $79.3 10 and PARTICIPATION -WAVED PROJECTS ESTIMATED PROJECT COST PARTICIPATION BY LOCAL GOVERNMENT Si 0917 -29- 121 1382,815 , CR 117 (Scasta Lane). At Town Branch NBI No. 17- 021- 0- AAO117 -001 CSJ 0917-29-120 $410,275 $41,028 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17- 021- 0- AA0121 -002 Total Estimated Cost $793,090 $79,310 Attacliment A. Resolution ��� ' / Pagel of 3 Vol WHEREAS, the Local Government proposes that their participation in these projects be waived in return, for performing, or causing to be performed, the Equivalent -Match Projects) structural improvement work as defined above. THEREFORE, BE IT' RESOLVED that the Local Government will perform, or cause 'to. be performed, the following Equivalent -Match Project(s) in return for the waiver of their participation in the approved off - system bridge.program Participation- Waived Project(s)': EQUIVALENT-MATCH PROJECT ON SCHOOL BUS ROUTE i DESCRIPTION OF STRUCTURAL IMPROVEMENT ESTIMATED COST I &GN Road Yes Replace Existing $175,500.. 1.35 Miles NW of FM 215.4 between 3 -84" Culverts with a Capstone and N. Graham Bridge Brazos .Cowity No NBI Total Estimated Cost of Equivalent -Match Project $175,000 Total Estimated Local Government Participation $79,310 Total Remaining Local Government Participation $0 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National 'Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303: 2. The Equivalent -Match Project work increases the load capacity' of the existing bridge or other mainlane cross- drainage structure or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the Equivalent -Match Project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal' environmental regulations and permitting requirements for the structures being improved. 4.. The work on the proposed Equivalent -Match Project(s) has not' begun and will not begin until the local match fund Participation Waiver approval process has been completed. 5. The Local Government will be allowed three(3) years after the contract award of the Participation - Waived Project to complete the structural improvement work on the Equivalent - Match Project(s). ' Attachment A, Resolution Page 2 of 3 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the Local Government. PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on thi day of �C�,i/ , 20 a Duane Peters, Brazos County Judge Attest: Brazos County Clerk Attachment A, Resolution �/Qf /� pg /� Page 3 of 3 CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Bridge- Bridge AFA Page 4-of 4--- - -- --w._ - _ Attachment B Bridge Division Vcf i _� CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project: ' BR NBI Structure# 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA #` 20.205 Not Research and Development ATTACHMENT C ** LIST OF DISTRICT' ENGINEER APPROVED EQUIVALENT -MATCH PROJECTS Location. (and structure identification number, if applicable) On School Bus Route? Yes /No Historic Bridge? (Yes /No) Description of Structural or Safety Improvement Work Estimated' Cost I&GN Road 1.35 Miles NW of FM 2154 between Capstone and H. Graham . Brazos County No NBI Yes No Replace Existing 3 -84" Culverts with a Bridge $175,000 Total $175,000 EMP work credited to this PWP* $41,028 Balance of EMP work available to associated PWPs $133,972 Associated PWPs CSJs Amount to be Credited to Associated PWPs 0917 -29 -121 L§ .0917 -17 -058 L26,583 *This total should typically equal the "Balance. of Local Government. Participation" that is waived as .shown in Attachment D. * *This attachment not applicable for non -PWPs. Bridge- Bridge_AFA Bridge Division Page 1 of 1 Attachment C ,J CSJ # 0917 -29 -120 District # 17 Code Chart 64 # 50021 Project:. BR ( ) NBI Structure # 17- 021- 0- AA0121 -002 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT D ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) Ten Percent ('10%) or EDC Adjusted Percent of PE for Local Government Participation (1) $50,000 Construction Engineering and Contingency (E &C) The Sum of Construction and E &C Ten Percent (10 %) or EDC Adjusted Percent of the Sum of .Construction and E &C for Local Government Participation, Amount of Advance Funds Paid by Local Government * (3) $5,000 .$328,000 $32,275 (2) $360,275 Amount of Advance Funds to be Paid by Local Government * (4) $36,028 (5) $0 (6) $0 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3 +4 -5 -6) $41,028 Total Project Direct Cost (1 +2) $410,275 *Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown .on Attachment C. $41 Bridge- Bridge_AFA Page 1 of 1 Attachment D Bridge Division M-p4r Texas Department of Transportation 2591 NORTH EARL RUDDER FREEWAY - BRYAN TX 77803 -5190 (979) 778 -2165 November 12, 2012 The Honorable Duane Peters Brazos County Judge 200 South Texas Ave., Suite 332 Bryan, TX 77803 Subject: Federal Off - System Bridge Replacement or Rehabilitation Program CSJ 0917 -29 -121 CR 117 (Scasta Lane) At Town Branch NBI No. 17- 021- 0- AA0117 -001 CSJ 0917 -29 -120 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17- 021- 0- AA0121 -002 Dear Judge Peters: Subsequent to the request from Brazos County received October 5, 2012, and subject to compliance with all requirements of Texas Administrative Code, Title 43, Section 15.55(d), approval has been granted for waiver of the local match fund participation requirement for the subject project. A copy of the approved waiver request is enclosed. It is now necessary for the enclosed Advanced Funding Agreements to be executed between the State and Brazos County. If the agreements are acceptable, please execute both originals for each project, signed in blue ink, and return them to this office for final execution by the State. On final execution, one original agreement for each project will be returned to you for your records. Please contact Doug Marino, P.E., at (979) 778 -9635 if you have any questions or need additional information. Sincerely, Robert eton, P.E. Director of Transportation Planning and Development Enclosures cc: R. Alan Munger, P.E., County Engineer THE TEXAS PLAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY - IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer &/ /_ / 7 2 �Q� G Ms. Catherine W. Hejl, P.E. Bryan District Engineer Texas Department of Transportation 2591 North Earl Rudder Freeway Bryan, TX 77803 -5190 Subject: Request for Waiver of Local Match Fund Participation Requirement on Federal Off - System Bridge Program Projects CSJ 0917 -29 -121 CR 117 (Scasta Lane) At Town Branch NBI No. 17- 021- 0- AA0117 -001 CSJ 0917 -29 -120 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17- 021- n- AA0121 -002 Dear Ms. Hejl: Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d), Brazos County requests waiver of the local match fund participation requirement on the above referenced Federal Off - System Bridge Program project(s) referred to as the "Participation- Waived" project(s). In return for waiver of this participation, it is proposed that our governing body perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridge(s) or deficient mainlane cross - drainage structure(s), referred to as "Equivalent- Match" project(s), within the jurisdiction of our governing body. A copy of the appropriate required resolution adopted by our governing body is attached. Sincerely, Duane Peters, Brazos %Q Judge Attachment: Resolution For TxDOT Use Only Waiver ai er Approved Waiver Disapproved Catherine W. Hejl, P.E. Bryan District Engineer �f 1 7o 2 ,- i I CSJ # 0917 -29 -121 District #. 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA #' 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department. of Transportation, called' the "State ", and the Brazos County acting by and.through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Title 23 United States .Code Section 144 authorizes federal funds to assist the states in the replacement or rehabilitation of deficient bridges located on public highways, roads, and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns one or more bridges on a public road or street located at Town Branch on CR 117 (Scasta Lane) and these bridges are included in the currently approved off -state system federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30 , 2012; and the overnmg o y 6f vemment has - approved entering - into - tfii Agreement by resolution or ordinance, which is attached to and made a part of this agreement as Attachment A for the development of the specific programmed replacement or rehabilitation project, called the "Project". The Project is identified in the location map shown as Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and' :agreements of the parties, to be by them respectively kept and, performed as set forth, it is agreed as follows: j 13`1&- Bridge_AFA Bridge Division Page 1 of 14 Revised 05/04/2012 Vol CSJ # 0917 -29 -121 District # Code Chart 64 # 50021 Project: BR NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of this Agreement ' This Agreement becomes effective when signed by the lash party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. i 2. Termination of this Agreement This Agreement shall remain in effect until. the Project is completed and accepted by all parties, unless: i A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local. Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for one - hundred percent (100 %) of its reasonable actual direct and indirect costs . incurred for the project; or D. The project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds,. in which case the State may at its discretion terminate the agreement. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon written amendment executed by ail parties to this Agreement. I 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for'any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. I 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridges identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plan's, specifications, and estimates developed in accordance with this Agreement a i d which are incorporated in this agreement by reference. i Br Bridge _AFA Pa�e 2 of 14 'Revis *d 05/04/2012 Bridge Division B ! _ '_ 1 3 CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 5002 Project: - ( ) NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA # 1 20.205 Not Research and Development 6. Right of Way and Real. Property A. The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. B. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the sites of these bridges and adjacent right of way or relocation right of way to perform surveys, inspections, construction, and other activities necessary to replace or rehabilitate these bridges and approaches. 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State a delay' from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide., at the State's request, a certification stating that the Local Government has completed the adjustment.of all utilities that must be adjusted before construction is completed. 8. Environmental, Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic. Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. B. Cost participation in environmental assessment and remediation work shall be paid by , the parties in th e sam atio - ai construcbbrrcosts and witl - be - included - in the construction costs identified in Attachment D, Estimate of Direct Costs. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensui6lhat the plans for and the construction of the Project subject to this Agreement,are in 'compliance with the Texas Accessibility : , Bride-Bridge AFA Page 3 "of 14 Revised 05/04/2012 ,�q, Bridge'. Division Vol p /3S1 CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17- 021- 0- AA0117 -001 Federal, Highway Administration CFDA # 20.205 Not Research and Development Standards (TAS) issued by the Texas Department of'Licensing and Regulation, under the Architectural Barriers, Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. Upon completion of the Project, the State will issue a 'Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs. B. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. C. The required Local Government participation is based solely upon the. State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In I Brige- Bridge _AFA Page 4 of 14 Revised 05104/2012 Bridge Division Vol CSJ #.. 0917 =29 -121 District #: � 17 . Code Chart 64 # 50021 Project: IBR NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA #'1 20.205 Not Research and Development addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of lany project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal•funds have been obligated, the State will send to the Local Government a copy oflihe formal documentation showing the obligation of funds including federal award information. D. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled .Local Govemment Project Procedures Qualification for the Texas. Department of Transportation. The Local Government shall provide the certificate, of qualification to the State. The individual who receives�the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the . Local Government has not designated a qualified individual to oversee the Project. E. After execution of this Agreement, but thirty (30) dayslprior to the performance of any work by the State, the Local Government shall remit to the State the amount specified in Attachment D for the Local Government'sicontribution for preliminary engineering. The. Local Government will pay, at a minimum, its funding share for . this estimated cost of preliminary engineering. F. Forty -five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owed. G- 1- at com etion or er i �tian�fthe Project; the - State determinesthat additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit ,a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. Brige- Bridge AFA Page 5 of 14 Revis 05/04/2012 _ 1 Bridge Division Vol 7 Pg _.. �} CSJ # 0917 -29 -121. District #' 17 Code Chart 64 * . 50021 Project: BR( ) NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA # 20.205 Not Research and Development - I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be. promptly paid by the owing party. i J. The State will not pay on any funds provided by the Local Government. K. The Local, Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. L. The amounts shown on Attachment D are estimates oI ly. If actual costs exceed the estimates, this shall be considered' a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the federal HBRRP. If actual costs' are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to. the Local Government upon completion of the Project. M. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Courities (EDC) in comparison to other counties in- the state as below average per capita property value, below average per capita income, and above average unemployment, for certain. years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required, local match fund participation has' been adjusted to N/A percent ( /A %). N. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirecny inrougn a suUcUnudUL UOUCI UIIO iu caves u. -- - p•w� -- _' .• _ authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. The Local ..Government is authorized to submit requests for reimbursement by submitting the'original of an itemized invoice in a form and containing all items required by the State no more.frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government. submits invoices Brige- Bridge AFA Page 6 of 4 -- - --Revised .05M4/2012 Bridge Division i VCi 17a, CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA # 20.205 Not Research and Development more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 14. Performance by Local Government of Equivalent -Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation - Waived Projects (PWP) A. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, Estimate of Direct Costs, but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a PWP and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the EMPs. Attachment C to this Agreement shows a list of EMPs under this Agreement. B. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering, and construction costs for the PWP in total and local match fund participation being waived or partially waived. C. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit will be reflected in Attachment D to this Agreement. D. Responsibilities of the Local Government on EMPs. 1. The Local Government shall be responsible for all engineering and construction, related costs, and compliance with all applicable state and federal environmental regulations and permitting requirements. 2. Th structu or safety improvement work on the EMPs shall be performed - ubsequent to the inal exe uc ion o - tMs - AgrueYrrentbut - withrin - three - ( calendar years after the earliest contract award of the related PWPs. 3. Written documentation, suitable for audit, of the structural or safety improvement work completed on the EMPs shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related to those items, whichever is longer. A notice of completion of work on the EMPs shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMPs. Brige- Bridge AFA Page 7 of 14 Revised 05/04/2012 Bridge Division CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: BR NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA # 20.205 Not Research and Development 4. Failure by the Local Government to adequately complete the EMPs within the stated three -year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State one - hundred percent (100 %) of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and one - hundred percent (100 %) of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty -five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: State: Director, Bridge Division Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 Local Government: Brazos County Judge 200 South Texas Ave., Suite 332 Bryan, TX 77803 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by t his agreement. Either party may change the above address by sending wri en notice of charge torthe - other - party - Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. Brige- Bridge _AFA Page 8 of 14 Revised 05/04/2012 Bridge Division LO I/ 131q CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 1.7- 021- 0- AA0117 -001 Federal ,Highway Administration CFDA #' 20.205 Not Research and Development 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the, other party and each party agrees it is responsible for.* its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. " 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be trarismitted to the State in the form of photocopy reproduction on a monthly basis as .required by the State. The originals shall. remain the property of the Local Government. At the request of the State, the, Government shall submit any information required by the State in the format directed by the State. 19. Compliance with Laws The parties shall comply. with all federal, state, and local Laws, statutes, ordinances, rules and regulations, and the orders and decrees of any.lcourts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government. shall furnish the State with satisfactory proof of this compliance. 20.. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this Agreement. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost rrncip es es a6h`shed in`OM irc. 7 thatspE>;"at-all - reimbursed - costs - are allowable, reasonable, and allocable to the Project.. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §1836 and with the property management standard established in Title 49 CFR § 18.32. Brige- Bridge_AFA Bridge Division Page 9 of 14 Revised ,05/04/2012 ' I I CSJ # ' 0917 -29 -121' District # 17 Code Chart 64 # 50021 Project:., BR l ) NBI Structure # 17-021 -0-AA01 17-001 Federal; Highway Administration CFDA # 20.205 Not Research and Development 23. Inspection of Books and Records The parties to the Agreement' shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA) and the U.S. Office of thejnspector General, or their duly authorized representatives, for review and inspection, at. its office during the contract period and for four (4) years from the date of completion of work defined under this contractor - until any impending litigation or claims are resolved. Additionally, the State, the Local Government, the FHWA, and their duly authorized representatives shall have access to. all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Civil Rights Compliance The parties to this Agreement . shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled '"Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in. 49 CFR Part 26. B. The Local Government shall adopt, in its totality,: the State's federally approved DBE program. C. 'The Local Government shall set an appropriate DBElgoal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program re erence in xDOT 2395, Memorandum ofiUnderstanding Regardmgth Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http : / /txdotgov /business /business outreach/ mou.htm E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U - .S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26-to ensure non - discrimination in award and administration of DOT-'assisted contracts: The Brige- Bridge _AFA Page 10 of 14 _ Revised 05/04/2012 Bridge Division V ol , CSJ # 0917 -29 -121 District ## 17 Code Chart 64 # 50021 Project: 1 13R ( ) NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA # ; 20.205 Not Research and Development State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its, failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and - may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub = contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this/ agreement or such other remedy as the recipient deems appropriate.. 26. Debarment Certifications The parties are. prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549,. "Debarment and Suspension." By executing this agreement, the Local'.Government certifies that it is not currently debarred, suspended, or otherwise excluded Ifrom or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise:excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when regi ested. by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting ito influence an officer or employee of a ny federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the Brige- Bridge_AFA Page 11 of 14 I Revised 05/04/2012 `Bridge Division tC L CSJ # 0917 -29 -121 District #i 17 Code Chart 64 # 50021 Project: . ( ) NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA. # 20.205 Not Research and Development extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or.attempting to influence an officer or employee of any agency, a Member of Congress, an. officer or employee of Congress, or an employee of a Member of Congress. in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local, Government shall complete and submit the. Federal Standard Form -LLL,i "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award . documents for all sub- awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to filel the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. ( This agreement is subject to the following award terms: htto' // edocket. access.gpo.gov/2010/pdf/2010- 22705.pdf and hftp://edocket.access.tipo.gov/2010/pdf/2010-22*106.pd B. The Local Government agrees that it shall; 1.. Obtain and provide to the State, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100.) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose add less is: . httgs:/ /www.bpn.g- ov /ccr /default.aspx 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) num er, a unique n' e allows - the - federal - government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website httr): / /fedgov.dnb.com /webform and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual .gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and Brige- Bridge_AFA Page 12 of 14 -..._ 12 Bridge Division : CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: ; ( ) NBI Structure# 17-021 -0-AA01 17-001 Federal Highway Administration CFDA # ! 20.205 Not Research and Development ii. The compensation information is not already available through reporting tc the U.S. Securities and Exchange Commission 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the Local Government has an existing, future, or proposed local ordinance, commissioners court order, rule, policy, or other directive that is more restrictive than the state or federal regulations that resultsdn an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance,, order, policy, directive, or change.. 31.. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133: B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX '78701 or contact TxDOT's Audit Office at http : / /www.txdot.gov /contact us /audit.htm C. If expenditures are less than $500,000 during the Sub - recipient's fiscal. year, the Sub - ,recipient must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and';therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the L ocal Government will be responsible for filing a report or statement as described above. I he require_ am ua i in - g - shaft - extend throngtmt - the - tife - o# - t - h agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Brige= Bridge AFA Bridge Division Page 13 of 14 _----Rev 05/04 012 v:11 / P l CSJ # 0917 -29 -121 District # 17 Code Chart 644 50021 Project: 'BR NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. TH CAL G MEN Signa ure Duane Peters Typed or Printed Name Brazos County Judge Title Date THE STATE OF TEXAS Gregg A. Freeby, P.E. Director, Bridge Division Texas Department of Transportation Date. Bnge- 6ridge_AFA 'Bridge Division Page 14 of 14 Revised 05/04/2012 CSJ # ' 09-W-29-121 District # 17 . Code Chart 64 # 50021 Project:.' BR ( l NBI Structure # 17-021 -0-AA01 17-001 Federal-Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge- Bridge AFA Bridge Division Page 1 of 1 chment A F v f�) 1, g ATTACHMENT A RESOLUTION The State of Texas County of Brazos WHEREAS, the Federal Highway Bridge Rehabilitation and Replacement Program is administered by the Texas Department of Transportation (the "State "); and WHEREAS, its purpose is to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets, both on and off the state highway system; and WHEREAS, Brazos Coun ty, hereinafter referred to as the "Local Government", owns the bridges identified below in this Resolution; and WHEREAS, project(s) to remedy these bridge(s) is /are included in the currently approved program of projects authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30, 2012 and WHEREAS, the usual participation ratio for these projects is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions, the State may waive the 10 percent Local Government participation requirement if the Local Government agrees to'perform, or causes to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross - drainage structures within its jurisdiction. This structural improvement work will be referred to as an "Equivalent -Match Project;" and WHEREAS, the Local Government's estimated participation requirement in the approved off - system bridge project(s), listed below and hereinafter referred to as the "Participation- Waived" project(s), is $79,310 and — _AR_4ar_A-T- IO =W -A V,ED,PROJECTS ESTIMATED —PROJECT_COS PARTICIPATION BY LOCAL GOVERNMENT CSJ 0917 -29 -121 $382,815 $38,282 CR 117 (Scasta Lane) At Town Branch NBI No. 17- 021- 0- AA0117 -001 CSJ 0917 -29 -120 $410,275 $41,028 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17- 021- 0- AA0121 -002 Total Estimated Cost $793,090 $79,310 Attachment A, Resolution ( Pagel of 3 Vol WHEREAS, the Local Government proposes that their participation in these projects be waived in return for performing, or causing to be performed, the Equivalent -Match Project(s) structural improvement work as defined above. THEREFORE, BE IT RESOLVED that the Local Government will perform, or cause to be performed, the following Equivalent -Match Project(s) in return for 'the waiver of their- participation in the approved off - system bridge program Participation- Waived Pr"ect(s): EQUIVALENT-MATCH PROJECT ON SCHOOL BUS ROUTE DESC OF STRUCTURAL IMPROVEMENT ESTIMATED COST I&GN Road Yes Replace Existing $175 1.35 Miles NW of FM 2154 between 3 -84" Culverts with a Capstone and N. Graham Bridge Brazos County No NBI 1 Total Estimated Cost of Equivalent -Match Project $175,000 Total Estimated Local. Government Participation $79,310 Total Remaining Local Government Participation $0 BE IT FURTHER RESOLVED -that in receiving this waiver, the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: I 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The Equivalent -Match Project work increases the load capacity, of the existing bridge or other mainlane cross - drainage structure,, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. i 3. In performing, or causing to be performed, the Equivalent -Match Project(s), the Local all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 1. 4. The work on the proposed Equivalent - Match Project(s) has not begun and will not begin until the local match fund Participation Waiver approval process has been completed. 5. The Local Government will be allowed three(3) years after the contract award of the Participation- Waived Project to complete the structural improvement work on the Equivalent - Match Project(s). Attachment A, Resolution I [Vol Page 2 of 3 1 _ 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the Local Government. PASSED, APPROVED AND ADOPTED by the Commissioners? Court of Brazos County on thi day of C)0 j - h b t - 20 . i Duane Peters, Bra jos County Judge i I Attest: I Brazos County Clerk -Attachment A, Resolution i .j i IV Page 3 of 3 CSJ # 0917 -29 -121 District # 17 Code Chart 64 # 50021 Project: BR ( ) NBI Structure # 17- 021- 0- AA0117 -001 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Bridge- Bridge _AFA F _.1 at..1- ___.__ __.__ _ ttachment B Bridge Division CSJ # 0917 -29 -121 District 17 Code .Chart 64 # 50021 Project:: ,BR NBI Strubture # 17= 021 -0-AA01 17-001 Federal Highway Administration CFDA # 1 20.205 Not Research and Development ATTACHMENT C ** LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT -MATCH PROJECTS Location (and structure identification number, if applicable) On School Bus Route? es /No' Historic Bridge.? (Yes /No) Description of i Structural or Safety Improvement Work Estimated Cost I &GN Road 1.35 Miles NW of FM 2154 between Capstone and N. Graham Brazos County No NBI Yes No Replace Existing 3 -84" Culverts with a Bridge $175,000 Total $175,000 EMP work credited to this PWP* $38,282 Balance of EMP work available to associated PWPs 1$136,718 Associated PWPs CSJs Amount to be Credited to Associated 0917 -29 -120 _PWPs 41,028 0917 -17 -058 $26,583 *This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. * *This attachment not applicable for non -PWPs. r Bridge- Bridge AFA Pa 1______ _ ..___ __--Attachment C Bridge Division �r� 1 7; I CSJ # 10917 -29 =121 District # 17 Code Chart 64 # 50021 Project:; BR ( ) NBI Structure # 17-021 -0-AA01 17-001 Federal Highway Administration CFDA" # 20.205 Not Research and Development ATTACHMENT D ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE). Ten Percent (10 %) or EDC Adjusted Percent of PE for Local Government Participation (1) $50,000 Construction Engineering and Contingency (E &C) The Sum of Construction and E &C Ten Percent (10 %) or EDC Adjusted Percent of the Sum of Construction and E &C for Local Government.Participation Amount of Advance Funds Paid. by Local Government * Amount of Advance Funds to be Paid by Local Government * (6) $0 Balance of Local Government Participation which is to be Waived where the P- coject_is P (3 +4 $38,282 Total Project Direct Cost (1 +2) $382,815 *Credited .Against Local Government Participation Amount. If this Project is to be a PWP, Amount of EMP Work Being Credited to this .PWP as Shown on Attachment C. $38,282 Bridge- Bridge AFA Bridge Division (3) $5,000 $303,000 $29,815 (2) $332,815 Page 1 of 1 _.._._ ._ _ Attachment D (4) $33,282 (5) $0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 55.1 — 55.4 On this the 27th day 'of November 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner,' Precinct 3 E. Irma Cauley,.Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were, held: THAT WHEREAS, on 27th day of November 2012 the Court heard and approved a budget amendment for the'201 1 -2012 budget year for Brazos County,. Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this thei 27th day of November 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. : By: Duane Peters, Cou'bty Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes �. I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 55.1 11/27 /2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 67203000 CR Minor Computer Hardware 788.50 0100 14000100 80720000 DR Security system 788:50 Information Techno location of funds to cover 15 camera license that were duri 2 in the wrone account. Pepar edl By:,. ; R l '� ..nnm BRAZOS'COUNTY,TEXAS BUDGET AMENDMENTS No. 11/12 - 55.2 11/27/2n12 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 40510000 CR Hotel, Motel Tax 147,471.77 1100 45010000 DR Interest - Accounts 133.94 1100 11002600. 61880000 DR Utilities 32,020.87 1100 11002600 65050000 1 DR Building Maintenance 2,027.18 1 100 11002600 1 67281000 CR Eq uipment - Electronic 503.84 1100 11002600 71500000 DR Rental - Equipment 3,290.25 1100 11002500 61130000 DR Contingency - HOT Fund 29,467.57 1100 91240000 DR Transfer to Debt Services 81,035.80 HOT Fund To reallocate both the revenue and ex enditure budget for HOT Fund based on the Fiscal Year 2012's actual HOT Collections. �Prepaed =By;' ' ' 5 ' wDate� __ _ , • . r�' "�11'/20T20;12� .-�^. '• '_ �" , a `••, r.ry ; :L - - ..,,. i'k •. .•s. ;;ti's•: `: i�. ° _ __ 'd i� n rtme t�A "Date` PP. JA' i7 6unty�Jud 61CA0 Prdyah_,._...�s_.._ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 55.3 I • —7 inn4 9 IA Date: :; ,'1,1/2012U12'•. �''' •royals :�, ��.1 -:' _ :.�:; :.;- ....:Date::...__..._._, .._.., BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS N6.11/12 - 55.4 11/2712012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 355400 80286000 35541000 CR Equipment - Other 9,988.00 3000 355400 60500000 35541000 DR Office Equipment 2,601.00 3000 355400 67286000 35541000 DR Eu i - Other 7,387.00 GDEM - State Homeland Securi Reclassify in order to break out one capital purchase into various capital and fixed asset and office a ui ment. Post to Proiect 35541000 '11921`Y201;21 Vol, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 9.1— 9.3 On this the 27th day of November 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of November 2012 the Court 'heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and. WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on'the attached page(s). ADOPTED AND APPROVED this the 27th day of November 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer. County Budget Officer Commissioners' Court Minutes c �O VGA 1 7 4 Tv BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 9.1 1 1 12712(11 2 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63431000 80101003 CR -I Bldg. Renov - Court house 8,049.65 4308 63431000 80286000 ,. DR E ui ment - Other 8,049.65 Inmate Holding Remodel ITo reallocate funds to purchase The Vol. Pg,-- -`�- -- •.t: -� t i t n A - 'Date' ,. ;nnm Date: , ;'11 120/2012; y , un Judge Vol. Pg,-- -`�- -- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 9.2 11/27/2012 FUND DIV ACCT PROJ DPJCR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR Equipme t -Other 4,960.00 4500 63000500 67286000 DR Equipment - Other 4,960.00 Capital Projects To reallocate funds to correct account due to the hot food table that is being purchased is less than $5,000.00. Prepared. By: nn V ol. -- j z pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 9.3 11/27/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Conting 1,500.00 0100 30201100 65950000 DR Vehicle Maintenance 1,500.00 General Fund Contingency and Constable Pct. #2 - Lampo To reallocate funds to cover vehicle maintenance cost. is : -. x;� >:. •�:_•� *� --� � �� -�A,= : -::�• ;•���riiiin� �Dafea�,; {•,`- ��`,�r�� �_:1 1/20/201�2. V i 7 2 P /G/ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner C.ouit Date: November.27, 2012 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 Clerk Elliott, Victoria Promotion Peters- Bowman, Ashlie Promotion District Clerk Dalluge, Shel)ie Hawk, Krystal Taylor, Cynthia Wilson, Victoria Resignation Budget, Change Budget Change New Hire Expo Hooks, Amanda New Hire SO Jail Phillips, Tyler New Hire Tax Office Espinoza, Felicia Resignation Approved in Commissioners' Court: N County Judge's or Commissioner's :Signature: ;.. (This'Copy to be attached to minutes) Z Vol.._ AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on N 2 , 1 1 4ersonally appeared S , who being duly sworn, deposes and says: 1. That he /she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. I _1 of the Court Agenda dated Zi described as J�PJ P PAI Dye rye , would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or () c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or (� d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or () e. 3. That I will abstain from participation in the a e rred to in lei authorized by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this th &day of L Vem 2019 + rrNrwiiitr » *MrilrsrytrMSS *!••• + +• + +• +• Notary Public in an f r5w Bethany Eckstrom Notary Public The State of Texas 4�A/l JA I A —(.f k STATE OF TEXAS I OF My Comm. Exp.0810M15 ..... ............................... Filed: FILE Q FOR RECORD Z 6 DATE //' z 7 -Zc /L County Clerk AT O'CLOCK MI Vol. ___I , Pg. /4.3 Y ;