HomeMy WebLinkAbout2015-04-14 10:00AM REGULAR MEETINGBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT OF BRAZOS COUNTY
WILL MEET IN REGULAR SESSION ON APRIL 14, 2015 AT
10:00 AM IN THE COMMISSIONERS COURTROOM OF
THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Wassermann
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 -17:
3. Proclamation 15.020 declaring April 2015 as "Confederate History and Heritage Month ".
4. Appointment of Chris McDermott as a non -paid Deputy for Constable Precinct 2 office.
5. Request from the Justice of the Peace Pct. #3 to purchase five (5) scanners in the amount of
$4,519.20 !$903.84 eachl from the JP #3 Technology Fund.
6. Request from the Information Technology Department for Desmond Harris to travel out-of-state to
New Orleans Louisiana to attend Laserfiche Training Travel dates are April 14-18,2015.
7. Authorization for Brazos County Attorney's Office to submit, sign all necessary paperwork and
accept funding associated with the 2015 NRA Foundation General Grant
8. Agreement with Mitchell & Morgan for professional and engineering suryeylny services for drainage
studies.
g. Request from Justice Df the Peace Pct #1 to purchase four (4) additional monitors in the total
amount of $803.28 from the JP #1 Technology Fund.
10. Request from Justice of the Peace Pct #3 to purchase four (4) additional monitors in the amount of
$814.16 ($203.54 each) from the JP #3 Technology Funds.
Vol• �-- Pg. S�
11. Payment Authorization to Products Unlimited In the amount of $176.00 for medical equipment for
the fail The purchase order was closed before receiving the invoice.
12. Approval of the following Job Descriptions:
• a. Class 1713 District Clerk Clerk 1040 hours
• b. Class431. District Attorney. Clerk 700 hours
13. Tax Refund Applications for the following:
• a Arturo Garcia- overpavment313.35
• b Constance Monroe-overpavment$69.78
• c. Janice Reeves-overpayment-$227.40
• d Donna Jo Borsack-overpavment$227.42
• e. David Borsack LLC-overpavment- $35.78
•
T David & Donna Borsack-ovemavment$33.86
• q David & Donna Borsack-overpavment$27.08
14, Commissioners Court minutes for the following dates:
• a. March 3 2015 - Regular Meeting
• b. March 10 2015 - Regular Meeting
• c. March 10. 2015 - Public Hearing
• d. March 17 2015 - Regular Meeting
• e. March 24.2015 - Regular Meeting
• f. March 31, 2015 - Regular Meeting
15. Budget Amendments,
Budget Amendments FY 14115 28.1 -28.11
16. Personnel Change of Status.
Personnel Action Fortes
17. Payment of Claims.
18. Sheriffs report on inmate population.
19. Announcement of interest items and possible future agenda topics.
20. Call for Citizen input and /or concerns.
21. Adjourn.
F ol. / 9 pg. J-5
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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 IegislaWe 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 paniclpating 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 Courts Order
and /or continued dismp0on 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 foram 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
Courts presence and /or rectal, 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 property
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 ?861.042.
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, T% 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) 3814102.
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BRYAN,TEXAS
MINUTES
April 14, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
0 Signature Page N
File Stamped Aaenda.pdf
Sign 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, April 14,
2015 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, Absent.
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 Wassermann
2. Call for Citizen input and /or concerns.
Patrick Gendron addressed the Court to praise the Juvenile Probation Officers and staff
members. He said that Brazos County is fortunate to have these great employees and he
feels blessed to work with each one. Mr. Gendron introduced one of his interns from Texas
A &M University. Mr. Gendron spoke about how using resources from Texas A &M, such as
Vol. -,-/ F p9_ J�—
interns is beneficial to both the employees of the Juvenile Detention Center and
the juveniles. The County Judge thanked Mr. Gendron for the personal interest he takes in
the juveniles and for the great work he is also providing as an attorney.
Consider and take action on agenda items 3 -17:
3. Proclamation 15 -020 declaring April 2015 as "Confederate History and Heritage Month ".
0 Item 3.
The County Judge read aloud Proclamation # 15 -020 designating April as "Confederate
History and Heritage Month ". The Court encourages citizens to increase their knowledge of
the history of Brazos County and the State of Texas, and particularly of the role played by
Confederate Veterans of all races and ethnic backgrounds in the history of our state and
nation. Bill Boyd with the Sons of Confederate Veterans accepted the proclamation and
invited everyone to visit the Civil War Memorial. He also invited all citizens to attend the
Sons of Confederate Veterans meetings held the fourth Thursday of each month February
through October at the Salt Grass Steakhouse in College Station. A copy of proclamation #
15 -020 is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters,
Wassermann.
4. Appointment of Chris McDermott as a non -paid Deputy for Constable, Precinct 2 office.
0 lten4.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard ,
Peters, Wassermann.
5. Request from the Justice of the Peace, Pct. #3 to purchase five (5) scanners in the amount
of $4,519.20 ($903.84 each) from the JP #3 Technology Fund.
0Ita 5.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters,
Wassermann.
6. Request from the Information Technology Department for Desmond Harris to travel out -of-
state to New Orleans, Louisiana to attend Laserfiche Training. Travel dates are April 14 -18,
2015.
0- RM 6.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
Authorization for Brazos County Attorney's Office to submit, sign all necessary paperwork
and accept funding associated with the 2015 NRA Foundation General Grant.
0 Itan7.
A copy of the grant application is attached.
Vol.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
8. Agreement with Mitchell & Morgan for professional and engineering surveying services for
drainage studies.
O Item 8.
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters,
Wassermann.
9. Request from Justice of the Peace, Pct. #1 to purchase four (4) additional monitors in the
total amount of $803.28 from the JP #1 Technology Fund.
0 Item 9. pd
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters, Wassermann.
10. Request from Justice of the Peace, Pct. #3 to purchase four (4) additional monitors in the
amount of $814.16 ($203.54 each) from the JP #3 Technology Funds.
0 Item IO.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters ,
Wassermann.
11. Payment Authorization to Products Unlimited in the amount of $176.00 for medical
equipment for the jail. The purchase order was closed before receiving the invoice.
0 Item 11pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters ,
Wassermann.
12. Approval of the following Job Descriptions:
• a. Class 1713, District Clerk, Clerk 1040 hours
• b. Class431, District Attorney, Clerk 700 hours
0 I tem 12.pdf
A copy of the job descriptions are attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley ,
Mallard , Peters , Wassermann.
13. Tax Refund Applications for the following:
• a. Arturo Garcia - overpayment - $13.35
• b. Constance Monroe - overpayment - $69.78
• c. Janice Reeves - overpayment - $227.40
• d. Donna Jo Borsack- overpayment - $227.42
e. David Borsack LLC- overpayment - $35.78
f. David & Donna Borsack- overpayment - $33.86
g. David & Donna Borsack- overpayment - $27.08
ID Iten 13.aif
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
14. Commissioners Court minutes for the following dates:
• a. March 3, 2015 - Regular Meeting
• b. March 10, 2015 - Regular Meeting
• c. March 10, 2015 - Public Hearing
• d. March 17, 2015 - Regular Meeting
• e. March 24, 2015 - Regular Meeting
• f. March 31, 2015 - Regular Meeting
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
15. Budget Amendments.
Budget Amendments FY 14/15 28.1 -28.11
LLB Item 15.odf
28.1 Reallocate funds for Capital Projects.
28.2 Reallocate funds for the JP 3 Technology Fund.
28.3 Reallocate funds for Constable, Pct. 1.
28.4 Reallocate funds for Juvenile Services.
28.5 Reallocate funds for Sheriff - Administration.
28.6 Reallocate funds for Sheriff - Administration.
28.7 Reallocate funds for the new Tax Office Building.
28.8 Reallocate funds for Courthouse Renovation.
28.9 Transfer of funds from General Fund Contingency to the Purchasing Department.
28.10 Transfer of funds from Courthouse Renovation to the new Tax Office Building.
28.11 Reallocate funds for the new Tax Office Building.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
16. Personnel Change of Status.
Personnel Action Forms
LLIJ Item 16.o1f
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters . Wassermann.
17. Payment of Claims.
0 BILL LIST 04.14.15.odf
0 Claims Sheel.odf
7131632 - 7131816
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wassermann.
18. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 625 inmates in jail, 41 have electronic monitors and 5 are
pending for monitors.
19. Announcement of interest items and possible future agenda topics.
There were no announcements.
20. Call for Citizen input and /or concerns.
Constable Lampo stated that fire alarm testing would begin after court. This will just be a
test and there is no need to leave the building.
Judge Peters announced that departments may pick up their budget packets after court.
21. Adjourn.
Vol. pg.—,51_
The foregoing minutes of the Commissioners Court meeting held April 14, 2015 have
been examined and are approved in open Court this ?S-Ih day of
2015, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct 1
Irmi Cauley
Commissioner, Precinct 4
Attest:
Kar n McQueen
County Clerk
Kenny Mallard
Commissioner, recinct 3
Vol. A Pg. 6�
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Proclamation
Confederate History and Heritage Month
WHEREAS The Sesquicentennial Commemoration of the War Between the States, will end on April 9,
2015 marked by a dedication of a plaza at College Station Veterans Park honoring all those
who fought for both the North and the South thus reuniting a war torn nation, it is appropriate
that Texans should reflect upon its illustrious past; and
WHEREAS Brazos County and Texas is a collection of many cultures and heritages united by a common
history, and individual heritages and diverse backgrounds, and saw many of her sons from
each of these cultures and heritages engage in honorable and distinguished military service for
Texas and for the Confederate States of American, and
WHEREAS The men and women of the confederacy came from all races and religions, including Black
Southerners and Brazos County residents Frank Sims and Henson Williams; and
WHEREAS The flag of the State of Texas was carried by Texas Confederate soldiers in every major battle
of the War Between the States, and the state contributed over 115,000 soldiers and sailors to
the service of the Confederate States of America; and
WHEREAS Upon the conclusion of the war, many of these same citizen soldiers again became citizens
who worked tirelessly to reunite and rebuild this county and forge reconciliation, and
WHEREAS Our recognition of the history of Confederate history also recognizes that slavery was one of
the causes of the war, and was ended by the war and slavery is hereby condemned and
knowledge of the role of the Confederate States of America in the history of our state and
nation is vital to understanding who we are and what we are, and
WHEREAS We honor our past and from it draw the courage, strength and wisdom to reconcile ourselves
and go forward into the future together as Texans and Americans, and
WHEREAS The Sul Ross Camp #1457 of the Sons of Confederate Veterans and the Texas Division Sons
of Confederate Veterans are historical, patriotic and non - political organizations dedicated to
ensuring that the true history of the 1861 -1865 period is preserved, honoring locally and
statewide those who served Texas and the Confederate States of America; and
WHEREAS Confederate Memorial Day, April 26th has been celebrated in Brazos County for over 100
years and the month of April bears special significance since it marks both the beginning and
the end of the War Between the States.
NOW, THEREFORE we, the Brazos County Commissioners Court, do hereby proclaim that April 2015 is
"Confederate History and Heritage Month" in Brazos County, Texas, and encourage all residents to increase
their knowledge of the history of Brazos County and the State of Texas, and particularly of the role played by
Confederate Veterans of all races and ethnic backgrounds in the history of our state and nation.
PROCLAIMED this � day of
Duane Peters A
County Judge 'n
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3
AGREEMENT BETWEEN COUNTY AND ENGINEER
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTAT40N
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
THIS AGREEMENT is made on the 14th day of April 2015,
Between the COUNTY: BRAZOS COUNTY, TEXAS
c/o Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
and the ENGINEER: Mitchell & Morgan
3204 Earl Rudder Freeway South
College Station, TX 77845
for the following PROJECT: Professional Engineering and Surveying Services for
Sea Wasp per attached proposals
The COUNTY and ENGINEER agree as set forth below.
ARTICLE I
ENGINEER'S RESPONSIBILITY
1.1 ENGINEER'S SERVICE
1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER,
ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The ENGINEER shall submit
for the COUNTY'S approval a schedule for the performance of the ENGINEER'S. services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
Agreement Bcn a Courtly and Engineer Pnge 1 of 10
Vol. Pg. �
required for the COUNTY'S review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by the
COUNTY shall not, except for reasonable cause, be exceeded by the .ENGINEER or the
COUNTY.
ARTICLE II
SCOPE OF ENGINEER'S BASIC SERVICES
2.1 DEFINITION
2:1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and
incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY
Mitchell & Morgan TO BRAZOS COUNTY.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in
the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any
of the additional services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional
services, which have been performed without the prior written' authorization of the COUNTY as
herein above provided.
3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to
be determined and which are not included in the Basic Services or Additional .Services as
identified and described in EXHIBIT "A ", shall be considered Contingent Additional Services.
A list of possible Contingent Additional Services that could be needed as the Project proceeds is
included at the end of Exhibit"A."
3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the
Contingent Additional Services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent
Additional Services, which have been performed without the prior written authorization of the
COUNTY as herein above provided.
ARTICLE IV
COUNTY'S RESPONSIBILITY
4.1 The COUNTY shall provide full information regarding requirements for the Project,
including a program, which shall set forth the COUNTY's objective; schedules, constraints and
criteria.
4.2 The COUNTY shall establish and update an overall budget for the Project, including the
Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of
these costs.
Agwmw BM n Cmay and Englnm
Vol. a Pg. ��
Paso 2 one
4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S
behalf with respect to the Project. The COUNTY, or such authorized representative, shall render
decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to
avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service.
4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY
becomes aware of any fault or defect, in the Project or non - conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and
other consultants as the COUNTY deems appropriate fbr such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of the
ENGINEER.
4.6 The proposed language of certificates or certifications requested of the ENGINEER or
the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at
least 14 days prior to execution. The COUNTY shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A
incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE
ENGINEER.
ARTICLE V
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all
elements of the Project designed or specified by the ENGINEER.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the COUNTY and equipment designed, specified, selected or specially provided by
the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the ENGINEER and the
ENGINEER'S consultants, the costs of the land, right -of -way, financing or other costs which are
the responsibility of the COUNTY.
5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS
5:2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent
the ENGINEER'S best judgment as a design professional familiar with the construction industry.
It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the
cost of labor, materials or equipment, over the Contractor's. methods of determining bid. prices,
Agreanneol Hdrmw Cowry and Engineer
Vol. C;,-/ Z pg. 4
Page 3 or 10
or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER
cannot and does not warrant or represent that bids or negotiated prices will not vary from the
COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or
agreed to by the ENGINEER.
ARTICLE VI
USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The COUNTY shall be the absolute and unqualified. owner of all drawings, preliminary
layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by
the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of
complete or partially completed mylar reproducible, preliminary layouts, record drawings,
sketches and other documents prepared pursuant to this Agreement shall be delivered to the
COUNTY when and if this Agreement is terminated or upon completion of this ?agreement,
whichever occurs first. The ENGINEER may retain one set of reproducible copies of the
documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or
reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or
otherwise. marketing or donating these documents, or using the documents in preparation of other
work for any other client, without the prior express written permission of the COUNTY.
6.2 All documents including reports, drawings and specifications prepared by the
ENGINEER pursuant to this Agreement are instruments of service in respect of the Project.
They are not intended or represented to lie suitable for reuse by the COUNTY or others on
extensions of the Project or on any other project. Any reuse without written verification or
adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole
risk and without liability or legal exposure to the ENGINEER. Any such verification or
adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the
COUNTY and the ENGINEER.
6.3 Submission or distribution of documents, to meet official regulatory requirements or for
similar purposes in connection with the Project is not to be construed as publication in
derogation of the ENGINEER'S reserved rights.
ARTICLE VII
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days
written notice should the other patty fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the
ENGINEER shall be compensated for services performed prior to notice of such suspension.
7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the ENGINEER. in the event that the. Project is permanently abandoned. If
the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER
may terminate this Agreement by giving written notice.
Agreement Between County and Engineer
Vol. Pg.�_
Page 4 or 10
7.4 If the COUNTY fails to give prompt written authorization to proceed with.any phase of
services after completion of the immediately preceding phase, the ENGINEER may, after giving
seven (7) days written notice to the COUNTY, suspend services under this Agreement.
7.5 Pailure of the COUNTY to make payments to the ENGINEER in accordance with this
Agreement shall be considered substantial nonperformanoe and cause for termination.
7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and
expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend
performance of services under this Agreement. Unless the ENGINEER receives payment in full
within seven (7) days of the date of the notice, the suspension shall take effect without further
notice. In the event of a suspension of services, the ENGINEER shall have no liability to the
COUNTY for delay or damage caused by the COUNTY because of suspension of services.
7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall
be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal
place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms
of this Agreement shall be in Brazos County, Texas.
8:2 Causes of action between the patties to this Agreement pertaining to acts or failures to act
shag be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.
8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representative of such other party with respect to all
covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this
Agreement without the express written consent of the. other party.
8.4 This Agreement represents the entire integrated agreement between the COUNTY and
the ENGINEER and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement.may be amended only by written instrument signed by both the
COUNTY and the ENGINEER.
8.5 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the COUNTY or the ENGINEER.
8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S
consultants have no responsibility for the discovery, presence, handling, removal or disposal of,
or exposure of persons to, hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances..
Agrmmedt aetmen Cowaywd angln
Vol. Pg.
Pw s crto
8.7 The ENGINEER shall have the right to include representations of the design of the
Project, including photographs, among the ENGINEER'S promotional professional materials.
The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary
information, if the COUNTY has previously advised the ENGINEER in writing of the specific
information considered by the COUNTY to be confidential or proprietary.
8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work
hereunder in accordance with generally accepted standards applicable thereto, and shall use that
degree of care and skill commensurate with the engineering profession to comply with all
applicable state, federal and local laws, ordinances, rules and regulations relating to the work to
be performed hereunder and the ENGINEER'S performance.
8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying
Practices Act of 1989, the COUNTY is informed that any complaints about surveying services
may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite
400, Austin, Texas 78752,(512)452-9427.
8.10 INDEMNIFICATION: ENGINEER shall save- and hold harmless the COUNTY from
and against any and all claims and liability due to activities of the ENGINEER, its agents or
employees, performed. under this Agreement and which result from any negligent act, error, or
omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER
shall also save harmless the COUNTY from and against any and all expenses, including
attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting
said claims or liabilities which might be imposed on'the COUNTY as the result of such activities
by the ENGINEER, its agents or employees.
8.11 LIQUIDATED DAMAGES: It is acknowledged 'that the ENGINEER's failure. to
achieve substantial completion of the Work within the Contract Time provided by the Contract
Documents will cause the COUNTY to incur substantial economic damages and losses of types
and in amounts which are impossible to compute and ascertain with certainty as a basis for
recovery by the COUNTY of actual damages, and that liquidated damages represent a fair,
reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such
delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the
COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without
the COUNTY being required to present any evidence of the amount or character of actual
damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for
payment of liquidated damages in the amount of $9 for each
day that Substantial Completion is delayed beyond the Contract Time as adjusted for time
extensions provided by the Contract Documents. Such liquidated damages are intended to
represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay
them to COUNTY without limiting COUNTY's right to terminate this agreement for default as
provided elsewhere herein.
Agreenent Between County and Engineer PAP 6 of 10
Vol. Pg. 6
ARTICLE IX
PAYMENTS TO THE ENGINEER
9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic
Services shall be made monthly and shall be in proportion to services performed that month
within each phase of service.
9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.2,1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S
statement of services rendered or expenses incurred, payment on account of the ENGINEER'S
Additional Services and forReimbu sable Expenses shall be made monthly.
9.3 PAYMENTS WITHHELD
9.3.1 No deductions shall be made from the ENGINEER'S, compensation on account of
penalty, liquidated damages or other sums withheld from payments to Contractors, or on account
of the cost of changes in the Work other than those for which the ENGINEER has been found to
be liable.
9.4 ENGINEER'S ACCOUNTING RECORDS
9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services
performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized
representative at mutually convenient times.
9.5 LIMIT OF APROPRIATION
9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the
COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement
being of the absolute . essence to this Agreement, that the total maximum compensation that
ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY
shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions,
circumstances or interpretations hereof, exceed the sum certified as available by the County
Auditor in the Auditor's Certificate attached hereto.
ARTICLE X
BASIS OF COMPENSATION
The COUNTY shall compensate the ENGINEER from funds obtained through current revenue
of Brazos County as follows:
10.1 BASIC COMPENSATION
10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as
follows:
Agreement Delman County and Engineer Pegs 7 of 10
Vol. A/% pg.�7
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 For Additional' Services of the ENGINEER, as described in Article 3, compensation shall
be computed as follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES
10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3,
compensation shall be computed as follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code
Chapter 2251. The COUNTY shall pay the 'ENGINEER'S statement as approved by the
COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the
same, provided that the approval or payment of any such statement shall not be considered to be
evidence of performance by the ENGINEER to the point indicated by such statement or of
receipt or acceptance by the COUNTY of the work covered by such statement.
ARTICLE XI
OTHER CONDMONS OR SERVICES
11.1 INSURANCE
11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions
Insurance having minimum limits of One Million and Noll 00 Dollars ($1,000;000.00) for each
occurrence and annual One Million and No/100 Dollars ($1,000;000.00) aggregate. Such Errors
and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and
No/100 Dollars ($200,000.00) self - insured. Such Certificate shalt bear the endorsement "Not to
be canceled without thirty (30) days prior notice to ERAZOS COUNTY, TEXAS." The
ENGINEER shall maintain the Errors and Ornissions Insurance at all times this Agreement is in
effect and for a period of five (5) years after completion of the Project. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates
to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty
(30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form. acceptable to the
COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies
then the COUNTY may pay for such insurance and may h'ol'd the amount of such payment out of
the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance
shell be deemed to be a material breach of this Agreement.
Agreemml Bowan County nd E•nginar Pag 8 01' 10
Vol. �/ pg. %/
11.2 PERIODS OF SERVICE
11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice-to- Proceed in
writing by the COUNTY or the COUNTY's designee. The project will proceed according to the
schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review
processes and other activities that are beyond the control of the ENGINEER.
11.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays
beyond the control of the ENGINEER may be cause for extension of this period of service, in
which case the ENGINEER shall submit in writing to the COUNTY its request for such
extensions a minimum of thirty (30) calendar days prior to the end of the affected service period.
11.2.4 If the COUNTY has requested significant modifications or changes in the general scope,
extent or character of the Project, the time or performance of the ENGINEER'S services shall be
adjusted equitably:
Agmwent aetx w County and Ena*a
Vol. -�! Pg. 702
Page 9 or to
This Agreement entered into as of the day and year first written above.
The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolution extending said authority
have been drily passed and are now in force and effect.
BRAZOS COUNTY, TEXAS ENGINEERING FIRM
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
Approved as to Form:
Agreement Between County and anglneer Pege 10 of 10
Vol. Pg._
cxfhs L7- A
MITCHELL
IJ V c►_
MORGAN
R. Alan Munger P.E. CFM
Brazos County Engineer
Brazos County Road and Bridge Department
2617 Highway 21 West
Bryan, Texas 77803
RE: Proposal for Sea Wasp Drainage Review
Alan
1Ap115
This letter is intended to be the scope of services for review of the Sea Wasp Flood Study. Per
our discussion, we will review:
1. Original Condition Topographic Model With respect to the 2010 Brazos County Lidar.
2. As -Built Topographic Model with respect to the Original Condition Topographic Model.
3. Existing and Proposed HEC -RAS geometry data with respect to the Topographic Models.
4, Hydraulic Model Flows with respect to FEMA flows.
5. Hydraulic Model parameters (roughness, expansion, contraction) with respect to FEMA
guidelines.
6. Changes to the floodplain.
We will provide a formal letter report detailing our findings. We proposed to complete this work
on an hourly basis not to exceed $2700.
Please request the following data from the applicant:
1. Effective Model from FEMA or a letter from FEMA stating that the effective model is not
available.
2. HEC -RAS or GEO -RAS complete Model.
3. As -Built Survey (in cad format.)
4, Tin or Tiff surface for Original Condition Topography
5.
If you have any questions or comments, please feel free to call our office at 979 - 260 -6963.
Sincerely,
e*'�
Joel J. Mitchell, PE
Partner
Cc: File
3204 EARL RUDDER FREEWAY SOUTH -COLLEGE STATION Tx 77845 • 9179260 6963 FIRM 81443
CNILENGINEERING HYDRAULICS HYDROLOGY UTLITIES STREETS SIUE NS SUBDIVISIONS
f foomitchellandmucan. om, TNw .mitchellandmcrgamwm
Vol _C;2 1-7_ Pg._/--
er4i317 R
MITCHELL
MORGAN
R. Alan Munger P.E. CFM 30Marl5
Brazos County Englneer
Brazos County Road and Bridge Department
2617 Highway 21 West
Bryan, Texas 77603
RE: Proposal for Dick Elliot Road Drainage Study
Alan
This letter Is intended to be the scope of services for the Dick Elliot Road Drainage Study.
Per our discussion, we will provide:
1. Drainage Area Map showing the drainage basins affecting the culverts along Dick Elliot
Road
2. Basin Parameters Table (size, soil types, development character (%I), lag)
3. HEC -HMS modeling of the flows (2.100 year flows at all study points)
4. HEC-RAS modeling (very rough, will use existing aerial topography and 1 site visit to
determine existing culvert size / depth wrt roadway.)
5. Suggested Culvert sizes for Q25,
S. Written report of findings.
We proposed to complete this work on an hourly basis not.to exceed $3240.
If you have any questions or comments, please feel free to call bur office at 979- 260 -6963.
Joel J. Mitchell, PE
Partner
Cc: File
3294 EARL RUDDER FREEWAY SOUTH • COLLEGE STATION TX 77846 , 979260 6983 FIRM #1443
CIVRENGINEERING HYDRAULICS HYDROLOGY UTILMES STREETS SITEPLANS SUDDIVISIONS'
In1oftmKch911&Nmom .own- wlwv.mlWW19ndm*amc=
Vol. —� —,— Pg.z�—
Summary of Costs:
Item
Item
Hours
Cost
1
Drainage Area Map
4
$ 540.00
2
Basin Parameters
2
$ 270.00
3
HEC -HMS Model
4
$ 540.00
4
HEC-RAS Model
a
$ 1,080.00
5
Suggested Culvert Sizes
2
$ 270.00
6
Written Report of Findings
4
$ 540.00
Total
24
$ 3,240.00
2
Vol. —,;?-/ -f pg.
15
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR
NO.14/15 28.1-28.11
On this the 14th day of April 2015 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 14th day of April 2015 the Court heard and approved a budget amendment
for the 2014 -2015 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 9 September 2014, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 14th day of April 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. ��� Pg . ZZ
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.1
4/14/2015
����� • LPL'
Capital Projects
—_ --
Reallocation of funds for the puntase of removallinstall of equipment for the •..•- Durango.
Dated r;
.v Judge Approval — - _ date _�_
Vol. d�Z 7 Pg. (y
Funds #3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15-28.2
Vol .__ `� Pg.�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.3
Vol. Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115.28.4
4114/2015
Vol. --4glf— Pg. 00 /�
Crt Appointed Interpreter
Juvenfle
Service - Detention and Juvenile Services
Reallocation of funds to pay far y.. fbr court proceedings fbr youth in Detention Center.
Vol. --4glf— Pg. 00 /�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.5
4114/2015
ACCOUNTNAME ®
gym..:.. Minor Pjop- rty-
Sheriff
Rqqqcati��ase two cables for the Arbitrator.
� �� :��� �� :�� iii �m •.: _, • ...... :.: : ���
-� --
VOL Pg. ��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.6
of funds to the proper accounts due to pricing for the two workstations and licenses for the Interview Fixed Digital Video
Vol. Pg. ��
to allow for
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.7
Vol._ Pg. ��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.8
of unspent fonds to allow for the purchase of five (5) refigerators for the various offices within the courthouse. Those office
E-4 �
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 28.9
4114/2015
[VOL pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115-28.10
4/14/2015
Courthouse Renovations and New Ta-x Office Building
--
Reallocation of funds to pay for bores and sleeve installation for the Tax Office irrigation systerm.
_ ;. ate
Vol._ P97 q7
L�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 26.11
4/14/2015
royal _ ---.-Date . ._
IL
orval —� Date
Vol. - - -�"! �— Pg. ��
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: April 14, 2015
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
District Clerk Bench, Judie Retirement
Exposition Center
Facilities Services
Juvenile
McAleese, Megan
New Hire
Bolcerek, Chance Resignation
Davis, LaTracy Promotion
Flores, Rosendo New Hire
Boardman, Kylie Resignation
Lewis, Darian Termination
Road and Bridge Luther, James New Hire
S.O. — Jail Kirk, Robert New Hire
Approved in Commissioners'
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
1
Vol. -v2/ f Pg, e,�-