HomeMy WebLinkAbout2015-10-27 10:00AM REGULAR MEETING%c G'T 2 3 A a- 19
BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON OCTOBER 27, 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 Mallard
2. Call for Citizen input andior concerns.
Consider and take action on agenda items 3 - 23:
3. Proposed County holidays for the 2016 calendar year.
4. Approval of the following Job Descriptions:
• a. Director of Collections (Class Code 1726) for Collections
• b Emergency Management Coordinator (Class Code 1901) for Emergency Management
• c Facilities Services Director (Class Code 700) for Facilities Services
• d. Chief Information Officer (Class Code 1240) for Information Technology
• e. MPO Director (Class Code 2001) for Metropolitan Planning Organization
• f. Purchasing Agent (Class Code 1101) for Purchasing
• g. Records Management Director (Class Code 8102) for Records Management
• h. Risk Manager (Class Code 2211) for Risk Management
• i. County Engineer (Class Code 2601) for Road & Bridge
j, Request from County Attorney's Office for the capital purchase of six (6) Point Blank Body Armor.
executive concealable level II vests with additional executive white carriers in the amount of
$4.939.20 for the investigators.
g, Request from Facility Services for additional funds in the amount of $370 to re -insulate Brazos County
Courthouse chillers.
Vol. _a� % Pg, /0 .
7. Request from Facility Services for additional funds in the amount of 58.100 to replace HVAC controls at
Juvenile Center.
8. Payment Authorization to Manu Gupta. MD in the amount of $4500.00
9. Payment Authorization to Price Proctor & Associates LLP in the amount of $40,789.28: a purchase
order was not obtained in advance.
10. Approval of Stop Loss Renewal with ReliaStar.
11. Consider and take action on a MOU with Texas A&M Engineering Extension Service and Texas Task
Force One Member and Brazos County.
12. Approval of contract with Kone for Elevator Maintenance.
13. Approval of contract with Convergentz for multiple capital improvement proiects totaling $1,059.104.
14. Award and approval of contract for RFQ 2015-59 for Legal Representation of Indigent Juvenile Defense.
15. Permission to advertise bid # 2016-138, Fence Building.
16. Permission to advertise bid # 2016-132. Seal Coat for County Roads.
17, Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road
bore for a 1 -inch water line crossing under Andert Road 480 feet Northwest of Old Reliance Road. Site
is located in Precinct 2.
18. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road
bore for a 1 -inch water line crossing under Long Trussel Road 0.2 mile Southeast of Cobb Road. Line
will provide service to customer at 11755 Long Trussel Road. Site is located in Precinct 2.
19. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum
water line within and along the right-of-way of Reed lane and Dilly Shaw Tap Road. Proiect will provide
water to oil well. Site is located in Precinct 2.
20. Tax Refund Applications for the following.
• a. Barbara Gilbert-overpavmentS36.20
21. Budget Amendments.
Budget Amendments FY 14115 55.1 - 55.2
Budget Amendments FY 15116 5.1 - 5.7
22. Personnel Change of Status.
Personnel Action Forms
23. Payment of Claims.
24. Acknowledgement of Investment Report for quarter ending 9130/15.
25, Sheriffs Report on Inmate Population.
26, Announcement of interest items and possible future agenda topics.
27. Call for Citizen Input and/or concerns.
28. Adjourn.
Vol. 2J-7_- Pg. io &
PUBLIC COMMENTS
Puolic Comment during the Commission Meaning 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 aaenda items andior attend and make comment
at the Commission meeting. Members of the oubiic 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
Contemot of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly.. members of the public in
attendance at any Regular, Special andior Ememency meeting of the Court shall conduct themselves with proper respect and
decorum in sneaking to, and/or addressing the Cour; in participating in oubiic discussions before the Court; and in all actions in
the Presence of the Court. Those members of the public who are inappropriately attired andior who do not conduct themselves
in an orderly and appropnate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order andior
continued disruption of the meeting may result in a Contempt of Court Citation.
It is no; the intention of the Brazos County Commissioners Court to provide a Public forum for the demeaning of any individual
or group. Neither is d the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
Integrity of the Cour.. as a boay, 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
andior 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 sneakers time,
2. removal from the Commissioners Cour;
3. a Contempt Citation, and/or
4. such other and/or criminal sanctions as may be authorizec
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 aaenda prooedy posted
prier to the meeting. During the public comment parsec. 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 Cour.. However,
resoonses from the County JuaPe 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 andior Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in resoonse to an inquiry or to ask that a matter be listed on a future aaenda. 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 Dry the invocation speaker have no! been previously reviewed or approved by the Cour 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 hal; 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. Anv request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 3614102.
pg, /� %
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
October 27, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
rZ Signature Page.pdf
M File Stamped Agenda.pdf
R Sign in sheet.pdf
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, October 27,
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.
The attached sheets contain the names of the citizens and officials that were In attendance
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard
2. Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 23:
3. Proposed County holidays for the 2016 calendar year.
Vol. _ a �% pg. � � P
0 Item Indf
Commissioner Mallard asked if there should be another day added to the January 1, 2016
holiday and allow employees to have January 2nd off also. Judge Peters explained that the
holidays are based on Federal Holidays. He went on to say that by giving the employees a
floating holiday it will allow them to take a holiday as their work schedule allows.
The Court approved as submitted the following holidays for 2016:
Friday, January 1, 2016 - New Years Day
Monday, January 18, 2016 - Martin Luther King, Jr. Holiday
Friday, March 25, 2016 - Good Friday
Monday, May 30, 2016 - Memorial Day
Monday, July 4, 2016 - Independence Day
Monday, September 5, 2016 - Labor Day
Thursday & Friday, November 24 & 25, 2016 - Thanksgiving
Friday & Monday, December 23 & 26, 2016 - Christmas
'One Day - Floating Holiday
" Employee's choice; requires supervisor approval in advance.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters. Passed. 4-1. Members voting Aye: Catalena , Cauley , Peters , Wassermann .
Members voting Nay: Mallard .
4. Approval of the following Job Descriptions:
. a. Director of Collections (Class Code 1725) for Collections
• b. Emergency Management Coordinator (Class Code 1901) for Emergency Management
. c. Facilities Services Director (Class Code 700) for Facilities Services
. d. Chief Information Officer (Class Code 1240) for Information Technology
. e. MPO Director (Class Code 2001) for Metropolitan Planning Organization
. f. Purchasing Agent (Class Code 1101) for Purchasing
. g. Records Management Director (Class Code 8102) for Records Management
• h. Risk Manager (Class Code 2211) for Risk Management
• i. County Engineer (Class Code 2601) for Road & Bridge
IU Item 4.pdf
Judge Peters stated the Chief Information Officer for the Information Technology Department
has been corrected to report to the Commissioners Court. Commissioner Cauley asked that all
of the job descriptions be corrected to report to Commissioners Court with the exception of the
Emergency Management Coordinator. The job descriptions were approved as corrected and
passed unanimously.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Request from County Attorney's Office for the capital purchase of six (6) Point Blank Body
Armor, executive concealable level II vests with additional executive white carriers in the
amount of $4,939.20 for the investigators.
In Item 5.pdf
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
6. Request from Facility Services for additional funds in the amount of $370 to re -insulate Brazos
Vol. -7 Pg. �o
County Courthouse chillers.
fR Item 6. odf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
7. Request from Facility Services for additional funds in the amount of $8,100 to replace HVAC
controls at Juvenile Center.
Item 7.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
8. Payment Authorization to Manu Gupta, MD in the amount of $4500.00
0 Item 8.odf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane
Peters. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
9. Payment Authorization to Price, Proctor & Associates LLP in the amount of $40,789.28; a
purchase order was not obtained in advance.
Item 9. odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Approval of Stop Loss Renewal with ReliaStar.
I1--^ Item 10.pdf
A copy 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.
11. Consider and take action on a MOU with Texas A&M Engineering Extension Service and
Texas Task Force One Member and Brazos County.
tr Item 11.pdf
A copy of the Memorandum of Understanding is attached.
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
12. Approval of contract with Kone for Elevator Maintenance.
L0-- Item 12.pdf
A copy of the contract is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
13. Approval of contract with Convergentz for multiple capital improvement projects
totaling $1,059,104.
IM Item 13.pdf
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
14. Award and approval of contract for RFQ 2015-59 for Legal Representation of Indigent Juvenile
Defense.
0- Item 14.pdf
The contract for RFQ #2015-59 was awarded to Gendron and Thibodeaux. A copy of the
contract and bid tabulation is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 0-0.
15. Permission to advertise bid # 2016-138, Fence Building.
n- Item 15.pdf
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Permission to advertise bid # 2016-132, Seal Coat for County Roads.
0 Item 16.0
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Consider and take action on the Wickson Creek Special Utility District utility permit to construct
a road bore for a 1 -inch water line crossing under Andert Road 480 feet Northwest of Old
Reliance Road. Site is located in Precinct 2.
A!-� Item 17.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Consider and take action on the Wickson Creek Special Utility District utility permit to construct
a road bore for a 1 -inch water line crossing under Long Trussel Road 0.2 mile Southeast of
Cobb Road. Line will provide service to customer at 11755 Long Trussel Road. Site is located
in Precinct 2.
( Item 18.0
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
19. Consider and take action on the Halcon Resources utility permit to install temporary 10"
aluminum water line within and along the right-of-way of Reed lane and Dilly Shaw Tap Road.
Project will provide water to oil well. Site is located in Precinct 2.
Ir'--., Item 19.0
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 0-0,
20. Tax Refund Applications for the following:
a. Barbara Gilbert -overpayment -$36.20
Of Item 20.odf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
21. Budget Amendments.
Budget Amendments FY 14/15 55.1 - 55.2
1U Item 21 - FY 14 15 Amendments.pdf
55.1 Reallocate funds for District Attorney.
55.2 Reallocate funds for Constable, Precinct 3.
Budget Amendments FY 15/16 5.1 - 5.7
It:9 Item 21 - FY 15 16 Amendments.odf
5.1 Reallocate funds for General Capital Projects - Road and Bridge.
5.2 Reallocate funds for County Fire Protection.
5.3 Reallocate funds for General Capital Projects - Facility Services.
5.4 Reallocate funds for General Capital Projects - Facility Services.
5.5 Transfer funds from General Contingency Fund to Community Support - Easterwood
Airport.
5.6 Reallocate funds for HOT Fund.
5.7 Reallocate funds for Fleet Maintenance.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
22. Personnel Change of Status.
Personnel Action Forms
0-- Itern 22 forms.odf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 0-0.
23. Payment of Claims.
IP BILL LIST 10.27.15,Pd
R Claims SheeLodf
7138156 - 7138370
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
24. Acknowledgement of Investment Report for quarter ending 9/30/15.
19 Item 24.odf
The Court acknowledged receipt of the Quarterly Investment Report ending September 30,
2015,
25. Sheriffs Report on Inmate Population.
Wayne Dicky, Jail Administrator stated there were 580 inmates in jail, 68 have electronic
monitors and 16 are pending for monitors.
Vol. Pg 112
26. Announcement of interest items and possible future agenda topics.
Commissioner Mallard announced that he has asked James Edge about speaking with
Congressman Flores about insurance and the high cost of prescription drugs.
Commissioner Cauley stated that she will be attending Texas Silver Haired Legislators training
next week and she believes those issues will be on the agenda.
27. Call for Citizen input and/or concerns.
There was no citizen's input.
28. Adjourn.
Vol. 02 7 p9. -�'��
The foregoing minutes of the Commissioners Court meeting held October 27, 2015 have
been examined, �
and are approved in open Court this , d day of
V O �W 11OQ (- , 2015, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct 1
SaAny Catalo� a
Commission&, Precinct 2
A
Irma Cauley
Commissioner, Precinct 4
Attest:
K6re"McQueen
County Clerk
r
Kenny Mallard
Commissioner, Precinct 3
LV1-
Al2o7 - Pg. /'�
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BRAZOS COUNTY
CONMSSIONER'S COURT
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Brazos County Tempta!eRemian1.2MIIW2012
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Job Description
�•c:.rY`ov Last Updated: 10110/2015
,,
Class Number: 1725 Title: Director of Collections
Pay Group: NA Department: Collections
FLSA Status: Exempt Reports To: Commissioners Court
Approved Date: j 10/10/2015 EEOC Category: Professional
_General Summary:___ _-__.
Manage daily operations of the department. Manage daily Justice of the Peace payment plans. Manage daily collections of County Clerk traffic
appeals. To ensure collection of the court costs, fines, attorney fees, as ordered by the courts. To work Closely with all personnel within the judicial
system to facilitate the timely collections of fees, maintain accurate record keeping in accordance with applicable departmental procedures,
regulations, laws and statues.
Essential Duties:
Manage daily operations of department and employees
Establish department goals
Compile daily and monthly reports
Compile monthly reports for the Office of the Court of Administration !
Process distribution requests for restitution collected
Process all payments for fees received by the Collections Department
Research all disposed causes for each defendant to ensure he/she does not owe any outstanding fees on a previous case 1
Ensure defendants complete the application in its entirety
1 Interview defendants and establish payment agreements
Perform follow up and monitor defendants currently on payment plans
Initiate due diligence on past due accounts
Process postcards and last chance letters required by the Office of Court Administration and perform past due telephone calls
Initiate capias pro fine warrant process when necessary
Maintain all records with capias pro fine warrants with mtr /mtp
Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on
account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed
Perform daily cash reconciliation
Process all payment plans for the Justice of the Peace courts of Brazos County
Process and input all traffic appeals for the County Clerk's office in collecting the court cost, special expenses and fines i
Prepare all courts dockets, daily to have correct court cost for each criminal case before the courts
Process collections through the Texas Department of Criminal Justice to insure the collections of court costs, fines and attorneys
Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters
Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personnel
according to the office procedures
Assist the public and other employees, as needed or requested, with records research which may include Laserfische searches and making copies
Perform at other duties assigned which fall within the general scope and ability level of the job
Prepare the collection department budget, process all payment authorizations
i Prepare timesheets bi-weekly for the office staff of collections
Attend state conferences to learn new techniques and collection tools for this county
Monitor community service hours for defendants when ordered by the court for the said defendant to perform hours In lieu of making payments
Perform duties in Court to testify when called upon for the collection payment plan records
Be able to work unsupervised and use own judgment to handle major problems when they may arise
This is a departmental position that involves independent judgment. Implement departmental policies and procedures. Establish departmental goals.
Review and evaluate the department systems for compliance and achievement of goals. Prepare the monthly reports for the restitution for the
i Auditors office and the Brazos County Attorney's office along with the disbursements of payment to the victims. Prepare daily and monthly reports
1 for the Auditor's office. Duties include serving the public in accordance with the laws and departmental policies and procedures, regular and punctual 1
attendance is required. Making sure the County stays incompliance with Office Court of Administration.
Other Duties as assigned,,(1%e)
Supervision
! Received: County Commissioners
Given' Supervises staff in the Collections Dept.
Preferred- Bachelor's Degree preferred or 4 years of equivalent training in the collections profession.
— - Vo% aa7-PQ �r7
�Ex enence -1
P None.
Preferred,
Required
Courses in Computers and typing skills preferred
i 10 key capability
saons Licenses,
Regit
Required: None.
Preferred:
I Physical Demands
I
Typical: :The physical demands described here are representative of those that must be met by an employee to
' b R bl d f b d to enable
Abilities
1 successfully perform the essential functions of this to . easona a accommo a ions may a made
individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or
feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to
stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as
fbooks and stacks of records. Specific vision abilities required by this job include close vision, distance vision,
and ability to adjust focus.
_..__. -L ._..___-.._._ _.----
Typical: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations
and basic computer information; ability to understand and carry out oral and written instructions; ability to
maintain established records and files: ability to manage multiple priorities; ability to work with the public well
and deal effectively with their questions or problems and maintain composure with difficult people; ability to
establish and maintain effective working relationships with coworkers and employees and officials in other
departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate
typing skills. Balancing all monies collected on a daily basis.
Work Environment 1n au co _ _
Typical• I Continuous indoor activity introlled office contact wdh persons accused and/or convicted of crimes;
I contact with emotional, temperamental parties to court costs fines, attorney and restitution
z
RO
u 27-5
Duane Peters Date
County Judge
vol. Pg. ���_
Brazos County
Job Description
Last Updated: 10/10/2015
TempWlo Remion 1.2 0811 W012
Class Number: 700Title:
Pay Group: NA
Department:
Facilities Services Director
Facilities Services
i
i FLSA Status: I Exempt
Reports To:
Commissioners Court
Approved Date: . 10/10/2015
EEOC Category:
Technician
General
I� reviews, and recommending personnel actions.
_Essential Duties: J
Supervises departmental personnel, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions;
Plans and coordinates projects and personnel schedules;
i
Monitors the safety of departmental personnel;
I I
Ensures appropriate supply of supplies and equipment;
Prepares purchase orders; Oversees the maintenance of equipment;
Occasionally assists with plumbing, electrical, and carpentry projects; and Reads and interprets blueprints and written instructions.
Other Duties as assigned. (10/6)_
Supervision__---
Received: From County Commissioners Court
Education
Required:
Preferred:
Expenence
L—
recommending and taking personnel actions.
work, conducting performance reviews,
i
Associate's degree in business administration; or any equivalent combination of education and experience that
provides the required knowledge, skills, and abilities
Requjred:—[ Atleast rive years oicommercial or industrial maintenance experience.
Certificates, Licenses,
iRe_gistrations
_Required:
Preferred:
i
I
--- —' -- --o----- ------..._i
Texas Journeyman Electrician license; and EPA certification for handling of refrigerants.
i
Typical: The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and
talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk, The employee must
frequently lift and/or move objects weighing up to 50 pounds, such as tools and equipment. Specific vision
abilities required by this job Include close visionand ability to'adjust focus:—I
Vol. A.2 7 Pg.
nnuwrcuye, onmo, c,
Abilities
Typical: Methods, practices, and equipment used in electrical, plumbing, and carpentry work; safe operation of
plumbing, electrical, and mechanical equipment; supervisory management skills, purchasing procedures and
policies, and personnel procedures and policies. Organize and prioritize tasks to be assigned and completed;
supervise, train, evaluate, and motivate employees; analyze and evaluate overall safety of equipment and
personnel; operate trade specific equipment and; assist others in properly operating equipment; apply safety
standards to prevent hazards; estimate materials and labor costs for projects; read and interpret blueprints,
manuals, and written instructions; prepare concise and accurate reports; communicate effectively, orally and in
writing; tolerate occasional adverse working conditions; work effectively and cooperatively with co-workers,
._deoartmentheads-and.elected.officials._—_—__
Work Environment
Typical: I The work environment characteristics described here are representative of those an employee encounters
I while performing the essential functions of this job. Reasonable accommodations may be made to enable
I individuals with disabilities to perform the essential functions.
I
APPROVED
Duane Da
Peters 7+
Date
County Judge
Brazos County
Job Description
Last Updated: 10/10/15
Template Revision 1.2 0911512012
Class Number:
i 1240
Title:
Chief Information Officer
LPay Group
NA
Department
Information Technology
FLSA Status
Exempt
Reports To
—
Commissioners Court
Approved Date:
10/10/2015
EEOC Category:
Officials and Admin.
General Summary:
--- -- -- --- – — - -- ip f— — -- -- ---
I The Chief Information Offcer (CIO) will provide technology vision and leadership for developing and implementing information technology (In
initiatives that improve cost effectiveness, service delivery, and program development in the constantly changing public sector. The CIO will lead
Brazos County in planning and implementing enterprise information systems to support both distributed and centralized operations and achieve more
efficient and effective enterprise -wide IT operations.
Essential Duties:
position provides strategic and tactical planning, development, evaluation, and nati
coordion of the information and technology systems for
Bos County. This position is designed to ensure the continuous delivery and operation of Brazos County's information systems. The CIO is
I responsible for the management of multiple information and communications systems and projects, including voice, data, imaging, and office
I, automation. The CIO reports to the County Judge and Commissioners Court and supervises the organization's information systems staff.
The CIO is responsible for coordination, facilitation, and consultation with all local county staff on information systems, communications, and
management systems initiatives. The CIO will ensure that Brazos County is current with the information systems standards set by appropriate
I regulatory entities and legislation, such as HIPAA and PCI Compliance.
The CIO serves and participates proactively with other members of the senior management team in developing and executing strategic plans to
optimize the use of information technology in support of county objectives. The CIO also participates in policy and decision making at the county level
regarding resource allocation and future direction and control of proposed information systems.
PRINCIPAL ACCOUNTABILITIES
Participates as an integral and active member in the strategic planning process of the county.
• Develops, coordinates, guides and maintains IT systems, as well as strategic and operational plans in support of the mission and goals of
Brazos County.
• Develops and maintains an enterprise systems architecture, defining standards and protocols for data exchange, communications,
software, and interconnection of information systems.
• Provides advice on evaluation, selection, implementation and maintenance of information systems, ensuring appropriate investment in
strategic and operational systems.
• Negotiates all IT acquisition contracts, soliciting involvement and participation of other management team members as appropriate.
Provides responsive advice, counsel, education and service to departments concerning IT issues and trends in the IT industry
• Communicates IT plans, policies and technology trends throughout the organization, including management groups and professional staff.
• Determines pertinent information required by management in making effective decisions.
• Promotes and oversees relationships between Brazos County's IT resources and external entities.
• Approves, coordinates, and controls all projects related to selection, acquisition, development, and installation of major information systems
for the enterprise.
I Develops and maintains an appropriate organizational structure capable of supporting the information needs of operating entities through
appropriate and cost-effective information technology.
�! Develops and maintains corporate IT policies and standards relating to the
acquisition, implementation, and operation of information technology and
communication systems.
• Negotiates IT service level agreements with user organizations and monitors IT systems performance to assure service levels are being
met. Researches and evaluates alternatives forthe enhancement or re-engineering of IT.
• Develops and enforces policy and procedures to ensure the protection of enterprise IT assets and the integrity, security and privacy of
information entrusted to or maintained by the enterprise.
Develops and maintains an enterprise -wide business recovery plan to ensure timely and effective restoration of IT services in the event of
• a disaster.
Responsible for the recruitment, development, motivation and retention of assigned management staff conforming to budgetary objectives
and personnel policies.
• Ensures appropriate training programs for the organization are in place to attract, retain and develop the key personnel required to support
information services.
Develops and maintains the annual operating and capital budgets for information and technology systems operations consistent with
programmatic plans and established financial guidelines.
Other Duties as assigned. (1 %)
Given:
None
Specialist, and Senior Trainer including guiding
and mentoring.
reviewing theirwork, conducting performance evaluations,
Requires a t$a In u
Administration, or a
computer
Science, Management of Information Systems, Business
inComputer Engineering, Computer Science, MIS, or related field. --
Experience___
Required: At least 5 years of progressive experience in managing functions and departments dealing with information
handling, work flow and systems. Experience should also include substantial exposure to in-house and shared
or outsourced systems, multiple hardware platforms, and integrated Information and communications systems.
__.f_...._ t mamas design
Preferred' I Ten or more years of direct management of a major IT operation, software systems design and development,
and network management is preferred.
Required: I None required.
Physical Demands
Typical:
i
L______J_
I I
Knowledge, Skills, &
Abilities
master or mromtauon
Technology Project Management, CISSP
The physical demands describetl here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to type; reach with hands and anus; and talk and hear The
employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects
weighing up to 40 pounds, such as computers, printers, stacks of records, or other similar objects. Specific
vision abilities required by this job include close vision, and ability to adjust focus.
Typical'
To perform this job successfully, the Chief Information Officer must be skilled in all of the functions of the
department and must be able to mentor and direct every employee in each of their respective duties. The CIO
must establish and maintain effective working relationships with county department heads, vendors,
I
contractors, and other county employees; communicate effectively, both orally and in writing; assess and
I analyze problems and take corrective actions: and have the ability to work successfully and maintain
I composure in stressful situations.
I work Environment
Typical:
I The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations maybe made to enable
!
individuals with disabilities to perform the essential functions. The noise level in the work environment is usually
moderate, but may be noisy or distracting. The employee is required to perform multiple tasks simultaneously
and to perform tedious and exacting work. The employee may be required to work closely with others as part of
!
a team or perform required job functions remotely, to work under time pressures to meet deadlines, and to
work in emergency situations.
PPROVED
o—
n,
—
Du a Peters Date
County Judge
vol.
=,0,
j 1101
County
,=r 5:•'"
s tq
f
Brazos Templala Revision 1.20811512012
Department:
Job Description
FLSA Status:
Last Updated: 10/10/2015
OF
Reports To:
Class Number:
j 1101
Title: _
Purchasing Agent
rPay Group:
NA
Department:
I Purchasing
FLSA Status:
Exempt
employees, including dismissal; and addressing complaints and resolving problems.
Reports To:
Commissioners Court
Approved Date:
10/10/2015
EEOC Category:
i Officials and Administrators
General Summary: '
Manages county purchasing activities, including reviewing requisitions purchase orders, and sealed bids; supervises department personnel,
including hiring, firing, training, assigning and reviewing work, and conducting performance reviews; develops county purchasing policies and
procedures; prepares and manages departmental budget; and supervises management of fixed assets and inventory.
Essential Duties:
supervises department personnel, including assigning and reviewing work, evaluating perfomrance, and carrying out personnel actions such as
hiring, promoting, disciplining, and dismissing employees; Coordinates purchasing activities for the county, including developing purchasing policies
and procedures, educating/training departments on automated purchasing procedures, and approving all major purchases; Manages the
department's review of purchase orders and requisitions submitted from various departments; Coordinates with department heads to determine
department needs for goods and services; Coordinates with County Auditor's office to secure payment for goods and services; Interviews vendors
and contractors to obtain information on price, products, services, ability to deliver, etc.; Prepares specifications for products and services under
competitive bid, including conducting research and drafting terms and conditions; Evaluates sealed bids and makes presentations to the !
Commissioners Court, including recommendations; Monitors purchase orders and contracts for compliance with county purchasing policies and
applicable laws governing county purchasing; Prepares and manages departmental budget; Supervises store and fuel inventory management;
supervises fixed asset management; and assists other county department heads in preparation of their budget needs.
I Other Duties as assigned. _(1%)_
Supervision
Received:
Commissioners Court
Given:
Supervises all department employees. Ensures that the department personnel act in accordance with county I
policies and procedures and applicable laws. Responsibilities include interviewing, hiring, and training
employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining
employees, including dismissal; and addressing complaints and resolving problems.
—
Bachelors degree in business or a related field; or any equivalent combination of education and experience
I Education
Required;
Which provides the required knowledge skills and abilities
Preferred
--
Licenses,
------..
Manag--er —(C.P.-... .M.) --
or
Certified Purchasing other professional designation related to purchasing or supply
management desired.
F
O1. _� a �'g�/�I
Environment
-.... -__- ---- -.
Typical: � The physi---cal-dd-emands- -descrihed----
here are representative of those that must be met by an employee to
successfully perform the essential functions of this Job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk
and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or
move objects weighing up to 50 pounds, such as reports, stacks of records, equipment, furniture, or other
similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus.
Typical Personal computers; business and government accounting principles; laws, policies, and procedures affecting
county government purchasing and solicitation of bids; standard office practices; principles of budget
. preparation and management; and personnel management policies and procedures. Use computer
applications such as spreadsheets, word processors, and databases; read, analyze, and interpret county
purchasing policies, procedures, and laws relating to county purchasing, purchase orders, and requisitions;
communicate effectively in person or over the phone; perform basic arithmetic calculations and accounting
functions; establish and adhere to sound purchasing practices; evaluate bid solicitation information, considering
multiple variables in making purchasing decisions; maintain effective working relationships with subordinates,
department heads, county employees, vendors, and the general public; and prioritize tasks to be assigned.
Typical: - The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the essential duties of this job,
the employee is constantly required to work closely with others as part of a team, and must frequently work
under time pressures to meet deadlines, perform multiple tasks simultaneously, and perforin tedious and
. exacting work.
7 OVED
Duane Peters Date
County Judge
FV
O _g_a pg. ��
Brazos County
Job Description
Last Updated: 10/10/2015
Template R.mw 1.2 05/1512012
Class Number:
2211
Title:
Risk Manager
Pay Group:
FLSA Status:
NA
Exempt
Department:
Reports To:
Risk Management
Commissioners Court
Approved Date:
10/10/2015
EEOC Category:
Professionals
General Summary_ _..
Performs risk management and loss controllsafety specialist duties, including identifying and monitoring risk causation factors and recommending
appropriate changes, investigating accidents, implementing county -wide loss control and safety awareness programs; works with department heads —,
to implement safely changes; and prepares annual departmental budget.
Essential Duties:
Risk Management Duties: Identifies and monitors risk causation factors and recommends changes in procedures, programs, or conditions to
eliminate or reduce the loss exposure; Directs and coordinates the processing, investigating, validating, and responding to claims for liability and
workers' compensation; Plans, directs, and manages the county program to control, minimize, eliminate, ortransfer possible loss exposures; Plans
and directs the design of a comprehensive county -wide loss control and training program, and develops and maintains records and reports to provide
loss analysis and loss prevention guidance to commissioners court and department heads; Works with department heads and elected officials as
i support by providing advice and information regarding risk management and loss control; Administers and makes recommendations pertaining to
general liability, law enforcement liability, property, errors and omission liability, and workers' compensation; Coordinates and monitors litigation
against Brazos County, Including assuring timely response to citations and suits by the appropriate agency, acting as a liaison with attorneys and
claims agents, and briefs the County Judge and Commissioners on the status of litigation, as requested; Pursues the collection of claims for
damages to county property; and Prepares annual departmental budget, reviews contracts and requests for proposals, and makes recommendations
as required.
' Loss Control/Safety Specialist Duties: Plans, develops, collects, and adapts Instructional materials for safely and health programs, and coordinates
1 and conducts county -wide safety and health training and assists supervisors and department heads with training on request; Conducts field
inspections to identify hazardous conditions and procedures arising out of county operations; Investigates and analyzes all work related incidents to
identify causes, contributing factors, and potential hazards, and makes recommendations for improvements to reduce exposure; Researches federal,
state, and local occupational and health directives to assure that policies and procedures are in compliance, and develops policies and procedures
I for approval that conform to regulations; and Maintains records of loss control training programs, federal and state recording keeping, and other
I related documentation.�'i
Other
Supefvision
Received:
I-
Given: Supervises departmental employees, including assigning and reviewing their work, conducting performance
evaluations, and recommending and executing personnel actions.
Education
i
t—
Experience —_
Bachelors degree' or equivalent (Degree field): Business, Insurance, Management, Human Resources or i
closely related field. Requires knowledge of the principles and practices of insurance underwriting; worker's
compensation procedures, practices, codes and other liability statutes of currently accepted risk management i
and control practices; investigative methods, procedures and techniques; current trends and developments in
the area of risk management and employee benefits; state and federal statutes or safety standards and other
industry standards, regulations or guidelines such as Texas Worker's Compensation, DOT, FHA, and National
Safety Council. Knowledge of contracts; bid or proposal specifications and procedures; and budgetary
methods,
Knowledge of County government organization and services i
Four years of progressively responsible experience involving any combination of the fallowing work areas:
Group Health and Life Insurance, Worker's Compensation, Property and Casualty Insurance, Safety and Loss
Control, General Liability and Third Party Claims. At least two (2) years must have been in a supervisory or
administrative capacity. ('Over ten years of experience in same or similar job may be substituted for degree).
Any equivalent combination of experience and education, which provides the required knowledge, skills and
abilities.
Certificates Licenses,
r _ I
vUl. _ / 6y�
Required: Valid Texas motor vehicle's license, and Associate Risk Management (ARM) certification within two years of
I employment.
Physical Demands .,
_ _
Typical � The physical demands described here are representative of those that must he met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
jindividuals with disabilities to perform the essential functions.
9 - - - — -
Knotaled e, Skills, &
I Abilities
( YP Knowledge of: advanced principles and practices employee safety management and administration practices,
!� terminology and requirements of a wide variety of occupations; how to apply modern business practices,
procedures and technology; budget procedures and techniques; pertinent Federal, State, and local laws,
codes, and regulations. Ability to: communicate effectively, both orally and in written form; articulate the
concerns of County employees; oversee the implementation of comprehensive County -wide risk management
programs including risk analysis, workers compensation administration, comprehensive health insurance
program, loss control, and safety program development activities; monitor and ensure program compliance with
r related laws and regulations; interpret and apply federal, state, and local policies, procedures, laws, and
! regulations; plan, assign and coordinate the activities of subordinate personnel; establish and maintain
effective working relationships with elected officials, department heads and employees.
Work Environment
Typical: I The work environment characteristics described here are representative of those an employee encounters
' while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually moderate. The employee frequently faces time pressure,
changes tasks, must perform multiple tasks simultaneously, and must work closely with others as part of a
team. The employee must be able to work in extreme weather conditions.
PPR
Duane Peters Date
County Judge
Brazos County
Job Description
Last Updated: 10/10/15
Template ReWion 1.2 0 811 5/101 2
Class Number: 2001 Title: MPO Director _ _ —
1 Pay Group: NA Department: Metropolitan Planning Organization
I FLSA Status: Exempt I Reports To: MPO Policy Committee
I Approved Date: I 10/10/2015 EEOC Category: Professionals
general
Under the limited direction of the MPO Policy Committee (PC), the MPO Director (Director) is responsible for the management, coordination and
administration of MPO staff, budget and MPO facilities, of the Bryan/College Station MPO. The Director works at the highest level of discretion. The
Director exhibits professional judgment, establishes their own work plan and priorities to meet set objectives and is responsible for driving to activities
and talks to a final resolution. Overnight travel to necessary meeting in Texas and other parts of the United States will be required.
Essential Duties: _
Organizational Relationships: Reports to the MPO PC Hires and directs MPO stall members, recommends promotions and carries out disciplinary
actions, up to and including employment termination of MPO staff. Manages the MPO staff members, MPO assignments and projects. Manages
MPO budget, coordinates compliance with the fiscal agent's procurement and human resources policies and procedures. Works closely with the
MPO's PC and the Technical Advisory Committee (TAC) members of local and state governments of the City of Bryan, City of College Stations,
Brazos County, Texas ABM University, Texas Department of Transportation, Bryan District and The District; has frequent contact with local elected
officials, state and federal government officials, local media press, and general public.
I Primary Responsibilities: Plan, prepare, schedule, and implement regular MPO meeting with MPO PC, TAC and external agencies. This includes
I preparation of reference material, agenda, minutes of meetings, drafting of resolutions when required, public notification of the Agenda, preparation
and distribution of minutes, coordinating the directions and decisions of the PC. Act as a spokesperson for the TAC at the PC meetings. On an
agreed upon strict timeline, prepare and submit planning related documents and billings for reimbursements, requirements, required by the MPO PC,
state and federal regulations and laws (which Transportation Improvement Program (TIP), Annual Performance and Expenditure Report and Annual
Project Listing of Let Projects) including their timely submittals to MPO PB and state and federal agencies, for their review and approval. Develop and
maintain the UPWP (a one year business plan) outlining transportation planning needs, resource needs and allocation, and budgetary needs and
allocation of the MPO. This included the prioritization of these needs and preparing billings for reimbursement. Supervise the development and i
maintenance of a travel demand model, using TRANSCAD, and other State and Federal approved computer applications. This Includes their
utilization in evaluating planning alternatives for capacity, congestion mitigation, operation and turning movements and safety issues. Coordinate,
oversee, and participate in the compilation and maintenance of transportation and demographic data bases. Prepare, plan and conduct technical
' studies, inside Brazos County, within the MPO urban area boundary, both in-house and outsourced to qualified consultants utilizing best project
methodologies. Develop scope of services for work to be outsourced, including the hiring of qualified consultants, negotiation of fees and manage the
contract to monitor their progress, timeline, budget, quality assurance and acceptance of final deliverables. Establish performance measures for
quality control of work undertaken in-house or outsourced. Present finding and results of studies undertaken to the MPO PC for approval and
implementation. Organize and coordinate public involvement process, including outreach initiatives within the MPO communities to bring awareness
and involvement of the communities related to transportation planning and funding. Prepare In-house reports, memorandums, and other related
correspondences. Perform research and literature review and share results with other agencies as requested and necessary.
Secondary Responsibilities: Research all available funding programs for the Bryan/College Station MPO. Continually evaluate the organizational
j structure and make changes, as necessary, to ensure optimum effectiveness of programs/staff services. Provide programs and services that reduce
costs, and take advantage of multi -jurisdictional economic strength. Look at ways to prudently broaden the transportation planning mission of the I
Bryan/College Station MPO into program areas that cul across transportation planning jurisdictional lines and affect the entire region. Coordinate
tasks of the MPO with TAC, PC and external agencies to ensure timely resolution of issues. Manage, coordinate and participate in a variety of
transportation planning activities. Coordinate and oversee technical analysis and evaluate, document, and present results. Provide technical
assistance upon request to participating member agencies of the MPO. Evaluate software programs and procedures for data manipulation and
analysis. Evaluate results of research and literature review performed by MPO staff, shares results with other agencies as requested and necessary.
Stay abreast of state and federal legislation and policies and summarizes potential impacts of proposed changes. Manage the MPO's collaborative
decision making process, including public involvement activities. Perform such other related duties as may be assigned by the MPO PC
Performance Management Standards: Prepare, develop, and implement the annual UPWP for review and approval by the MPO PC, including any
amendments to the UPWP meeting all deadlines established by TxDot. Proactively manage the MPO budget to ensure it is within fiscal constraints of
the approved UPWP. Present accurate financial reporting of the MPO budget and expenditures to date to the PC, on a quarterly basis. Produce and
submit all transportation planning documents required by state and federal rules meeting all deadlines required by TxDot. Manage the day to day
activities of MPO staff and develop, implement, monitor and evaluate MPO staff performance plans and training needs annually. Coordinate and
purse timely payment of invoices received from vendors and billings requested of agencies, with the fiscal agent according to the fiscal agent's
policies. Manage and maintain all MPO records and property according to state and federal regulations.
I
Other Duties as assigned. (1%)__--
- — - ---- --- ----------- —
I Received: Reports to MPO Policy Committee
Given' Supervises MPO staff.
Vol. -a_a / Pg. fz 7
Education _ _ _
Required: I Bachelor's degree from an accredited four-year college or university is required.
I
Preferred: I Emphasis in engineering, planning, transportation planning, urban planning, economics, public administration
I or a related field is preferred.
E__ence___
L
I Required: Minimum of four years supervisory or management experience.
Preferred: None.
( Certificates, Licenses,
Required: 1 Class C Drivers License
_
Preferred P.E. Professional eer I
Enginn Stale of Texas and/or A CP American Institute of Ce ified Planne s and/or
PTP
Professional Transportation Planner and/or PTOE Professional Traffic Operations Engineer,
j fb4ysical Demands
Typical:
Knowledge, Skills, &
. Abilities
Typical:
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arns; bend and
kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific
vision abilities required by this job include close vision, distance vision, and ability to adjust focus.
Effective communicator who keeps the MPO OC well informed and provides all options to the MPO PC so they
can make informed policy decisions. Experience in the public sector is desirable; understanding of government
processes would be valuable assets as will significant relevant experience in the transportation field. Proficient
use of Microsoft Office related products. Experience with relevant federal metropolitan planning process
legislation. Familiarity with applications of transportation planning software such as TRANSCAD, ARGIS,
MICROSTATION and TRB HIGHWAY CAPACITY SOFTWARE.
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually
moderate. The employee is constantly required to work closely with others as a part of a team, to perform
tedious and exacting work, to perform multiple tasks simultaneously, and to switch from one task to another,
The emnloves is occasionally reouired to work under time pressures to meet deadlines.
APPROVE
Duane Peters Date
County Judge
pq.� 2
Brazos County
Job Description
Last Updated: 10/10/2015
Class Number:
11 2601 _.-
--------
Pay Group:
--,_—
NA
FLSA Status:
Exempt
Title:
Department:
To:
County Engineer
Road & Bridge
Commissioners Court
Template Revision 1.2 0 811512 012
Approved Date: i 10110/2015 I EEOC Category: , Officials and Administrators I
General
` Oversees the planning and management of road and bridge construction and maintenance county wide, and supervises all department personnel
and operations.
Essential Duties:
--- - ..- -- - - -- - - - -- --- --- al _...._ .-
I Oversees the design and execution of all county---road-construction-- - and maintenance projects; Supervises Civil Engineer, Capital Projects Manager,
General Superintendent, Right of Way Agent, Drainage Specialist, Shop Foreman, and Resource Specialist, including assigning and reviewing work,
conducting performance reviews, and recommending personnel actions; Consults with the Commissioners Court regarding construction and
maintenance projects; Assists the Commissioners Court, other city and county governments, state and federal agencies, local colleges and
universities, vendors, consultants and contractors, and the general public with questions regarding construction and maintenance projects; Prepares
budget estimates for construction and maintenance of county roads and the operation of county Road and Bridge department; Monitors Road and
Bridge department budget, including examining and approving purchase orders; Constructs and negotiates agreements regarding road and bridge
construction with other government entities, vendors, consultants, and contractors; Travels regularly to work sites and inspects work being performed
to ensure high quality; and Oversees the construction and operation of several local waste disposal sites. Ability to communicate and deal with the
general public.
_Other Duties as assigned._(1%)
Supervision _ -
Received:
I _ ,
GlVen: Supervises Civil Engineer, Capital Projects Manager, General Superintendent, Right of Way Agent, Drainage
Specialist, Shop Foreman, and Resource Specialist, including assigning and reviewing work, conducting
performance reviews, and recommending personnel actions.
i
Education - - --�_ - ---- - ------ ----- -- ----- --------
Required: Bachelors degree in Civil Engineering, plus at least eight years of experience; or any equivalent combination of
education and experience that provides the required knowledge, skills, and abilities.
Preferred-
--- --------
-- -----
Required: JTo perform this job successtully, an maivulual muse De sole to perromn eacn essential uury sausracionly I tie
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Preferred:
-- - - --
Certificates, Licenses,
Registrations
Required' Texas Professional Engineering License, Certified Floodplain Manager Certification or ability to achieve
certification within 12 months of hire date. Class C Drivers License.
i Preferred:
Typical' I The physical demands described here are representative of those that must be met Dy an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of thisjob, the
employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and
talk and hear. The employee must frequently bend, stoop, squat, and walk. The employee must frequently lift
and/or move objects weighing up to 20 pounds, such as tools and equipment. Specific vision abilities required
by this job include close vision and ability to adjust focus.
V01.
0
Typical:
Work Environment
-Me---------- — ---- ---- ---- - — --
thods, practices, equipment, and materials used - in the construction and maintenance of roadways, bridges,-
and drainage systems; supervisory, budgetary, and civil engineering practices, procedures, and techniques;
and the safe operation of the equipment used and the provisions of the Texas Motor Vehicle Code relating to
operation of heavy motorized equipment. Organize and prioritize tasks to be assigned and completed;
supervise, train, evaluate, and motivate employees; read and interpret laws and guidelines; read and interpret
construction plans; estimate materials and labor costs for projects; communicate effectively, both orally and in
writing; work effectively and cooperatively with county officials, representatives of local, state, and federal
agencies, cc -workers, and the general public; tolerate outside working conditions, including exposure to
adverse weather conditions; and maintain Texas driver's license applicable to job responsibilities.
Typical: 1 The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is usually
moderate. The employee is constantly required to work closely with others as a part of a team. The employee
Is frequently required to perform multiple tasks simultaneously and to switch from one task to another. The
employee is occasionally required to work under time pressures to meet deadlines, and work irregular hours or
i overtime. -
PRO
Duane Peters
County Judge Date
[Vol. _ a -Pq X30
re o
,�n,.......�.
ir
Brazos County
Template Revision 1.208/1512012
4..;:ko
Job Description
m;YF'
Last Updated: 10/10/2015
Class Number:
18102
Title:
Records Management Director
Pay Group
NA
Department:
—_
Records Management_
FLSA Status:
_ —_�
Exempt
Reports To:
, Commissioners Court
A roved Date:
10/10/2015
1 EEOC Category:
`
Admin. Support
General Summary:
Under direction of the Commissioners Court, plans, directs, and oversees the development, implementation, and maintenance of the County's I
comprehensive records management program; implements the county -wide records management plan and supervises, directs, and coordinates the I
work of assigned records management staff, interdepartmental records coordinators, and the County's records storage facilities.
Essential Duties:
---------------- -------_... --d _.------- -- - record--- nt --
Otherduties
maybe assigned. The Records Manager position is responsible for the administration of the County -wide records management system
including creating policies and procedures for operation of the records management system, training of personnel, collaborating with staff from other
departments to ensure the records management system continues to meet the overall needs of the organization, maintenance and growth of the I
system, coordination of system upgrades, working with Information Technology personnel to identify, monitor, and troubleshoot network difficulties.
Administer and facilitate the transcription of various internal documents including their related documentation, tracking, and security
Example of Duties: Records Management
Develops and coordinates a comprehensive records management program Including appropriate control over the maintenance, protection, retention,
and disposition of records in accordance with legal and operational requirements. Functions as the lead for researching, evaluating, recommending,
and implementing solutions for records and related information management issues. Provides overall administration of the County -wide records
management system and oversees and directs the records management services in the County Interfaces with other departments in coordinating
and implementing the records retention schedule; participates in the implementation of electronic records management applications and in the
creation of policies and procedures for records management functions, programs, and services to the organization including electronic systems for
inventory, records retirement, and archiving. Trains and assists County departments in the application of the County's records management policies,
procedures, and techniques including correspondence control, imaging, storage, retrieval, and disposition. Assumes responsibility for assisting
departments in the final disposition of records exceeding the retention schedules. Responsible for the selection of assigned staff; provides or
coordinates staff training; works with employees to correct deficiencies; implements discipline procedures. Plans, prioritizes, assigns, supervises,
reviews, and participates in the work of staff responsible for records management program services and activities.
Transcription I
Insure transcription of all types of material and correspondence County -wide is completed, delivered, and archived in an accurate and timely manner.
Facilitate security and availability of all material transcribed to originator. Expand scope of operation to employ most effective use of system I
upgrades. Provide initial and ongoing training to provide the most accurate end product possible.
Other Duties as assigned j1%)
Education
Given:
Commissioners Court
Coordinate and direct the comprehensive County -wide records management program. Supervise, organize,
and review the work of staff involved in records management program services and activities. Select, train, and
evaluate staff. Recommend and implement goals, objectives, policies, and procedures for providing records
management programs. Understand the organization and operation of the County and of outside agencies as
necessary to assume assigned responsibilities. Understand, interpret, and apply general and specific
administrative and departmental policies and procedures as well as applicable federal, state, and local policies,
laws, and regulations. Participate in the preparation and administration of assigned budgets. Prepare clear and
concise reports. Analyze complex issues, evaluate alternatives, and reach sound conclusions. Make
adjustments to operating procedures as necessary to improve organizational effectiveness. Manage multiple
projects simultaneously and be sensitive to changing priorities and deadlines. Plan and organize work to meet
changing priorities and deadlines. Work cooperatively with other departments, County officials, and outside
agencies. Respond tactfully, clearly, concisely, and appropriately to inquiries from the County staff, or other
agencies on sensitive issues. Operate office equipment including computers and supporting word processing,
spreadsheet, and database applications. Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
-- - — - - — — - — -- - --- — .—
Required: High School diploma or GED. Above requirements may be substituted with a Bachelor's degree from an
accredited college or university with major course work in business administration, public administration, or a
related field in conjunction plus two years work experience in the records management field, plus two years of
supervisory experience.
I ExDerience
Required:
Five years of increasingly responsible records management related work experience including two years of
supervisory experience. Five-year experience working in an office team environment. Five-year general
computer experience.
Preferred:
Certificates, Licenses,
Registrations
Required:
None.
Preferred.
Demands
_Physical
Typical:
Ability to move around, sit for up to eight hours, and perform repetitive motion as required by job needs. Ability
I to lift and carry 35 to 50 pounds.
Knowledge, Skiffs,
Abilities
Typical:
I Operations, services, and activities of a records management program. Rules and industry best practices for
record keeping including records management systems, policies, procedures, principles, and standards. Best
practices for the identification, description, classification, organization, storage, protection, retention, and
disposition of records. Automated records and information management and imaging software as well as
Internet/Intranet policy. sophisticated databases including principles of database design, operations,
administration, validation, and configuration in a networked environment. Micrographic and imaging
I technologies and policies, principles, and procedures involved in electronic records management. Pertinent
federal, state, and local laws, codes, and regulations including those related to records retention and historical
preservation. Document and data recovery standards, techniques, policies, and procedures is desirable.
Principles of supervision, training, and performance evaluation.
Typical: 1 Indoor climate controlled. Professional atmosphere requiring corresponding attire and attitude. Occasional
activity in non -climate controlled warehouse/storage environment containing levels of dust and possible
allergens.
PRO D
0 17
Duane Peters DaW
County Judge
_Pg.
Brazos County
Job Description
Last Updated: 10/10/2015
Template Revision 1.20811512012
Class Number:
1901
Title_
Emergency Managementt Coordinator
C n — - -
- - -- -
Pay Group:
-.1 -
NA
- - -----'----
Department:
- ---
Emergency Management
FLSA Status:
ExemptReports
_4 To:
j County Judge
ADoroved Date:
10/10/2015
EEOC Category:
Professionals
General Sum_mary;___
May be called out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional response; responds to �
hazardous material spills as requested to document and monitor cleanup operations and coordinate with state regulatory agencies; identify needed
modifications and maintain the inter -jurisdictional emergency management plan for Brazos County; monitor severe weather situations that could
affect Brazos County; perform hazard analysis and hazard vulnerability studies; identify hazard mitigation projects and coordinate hazard mitigation
activities; write Emergency Management related grants and reimbursement program requests; prepare departmental budget; prepare the annual
i work plan for the Emergency Management department; prepare and present public awareness programs; prepare and conduct Emergency
Management related training; and serve as liaison between Brazos County and other agencies.
Essential Duties:
-- - -
Maybe called out at anytime to respond to emergencies within Brazos County and to other emergencies requiring a regional response; Respond to
hazardous material spills as requested to monitor cleanup operations and coordinate with state regulatory agencies; Review and update the inter -
jurisdictional emergency management plan and annexes; Develop the annual work plan for the Emergency Management department; Serve on
Brazos County Loss Control Committee and Brazos County Local Emergency Planning Committee; Organize and participate in required exercises
and drills; Monitor severe weather systems that could affect Brazos County and coordinates damage assessment as needed;
Prepare and submit required reports to the state; Write Emergency Management related grants and reimbursement program requests; Prepare
departmental budget; Serve as liaison between county and responder groups, county and city department heads, and volunteer organizations;
Maintain file of Tier II reports as submitted by hazardous materials storage sites and facilities within Brazos County; Make presentations to schools
and service clubs and develop public awareness presentations; Attends training courses and conferences as necessary to further education; and
Perform general administrative duties, Including making copies, typing letters and memorandums on the computer, filing correspondence and other
reports, delivering and picking up printing projects, faxing documents, preparing mailing labels, and obtaining office supplies.
Other Duties as assigned. (I %)
Supervision
Received: county Judge j
Given: I Supervises departmental employee(s), including assigning and reviewing their work and recommending
personnel actions.
Education
Required: Bachelors degree in Emergency Management, Public Administration, or a related field, plus two years of
emergency management experience; or any equivalent combination of education and experience which
provides the required knowledge, skills, and abilities.
Preferred:
I
— --- — — - -- -- — - -- .. . -----.
Expenence
— - -- - --
Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Preferred: j
Certificates, Licenses,
R_e_gistra_tions _
Required: valid Texas motor vehicle's license.
Preferred:
L Physical Demands
-. _. _ _ _
Typical:
The physical--demands descri—bed here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk I
and hear. The employee frequently is required to stand and walk. The employee must occasionally lit and/or
move objects weighing up to 50 pounds, such as emergency management equipment, files, stacks of records,
or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust
._...._--_..__-
focus.
— ——
Knowledge, Skills, B — — —'
-- — --
Abilities
Typical:
Supervisory techniques; budgetary techniques; personnel policies and procedures; standard office practices;
and emergency management statutes and procedures. Supervise and motivate employees; establish and
maintain effective working relationships with county employees, representatives of governmental agencies, and
the general public; communicate effectively, both orally and in writing; operate standard word processing and
spreadsheet software; operate emergency management equipment safely; read, interpret, and develop
standard policies and procedures; and analyze and interpret data.
Work Environment
Typical: i The work environment characteristics described here are representative of those an employee encounters
I while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is usually
moderate. The employee must frequently work closely with others as part of a team, perform multiple tasks
simultaneously, and change tasks.—'—
jo 14/�9-
Duane Peters Date
County Judge
vol 7 _ Pq. /3
C_ -
5
Brazos County, Texas
Capital Improvement Program FY 2016
Department: County Attorney Project Manager: Rodney W Anderson
Project Title: Purchase of a Point Blank Executive body armors plus acre:Pdodty Number.
Previous Funding
Year 1
Year 2
Year 3
Year 4
Year 5
Total
To -Date.
2016.19:
I 2018-17'
:2617.18
2018.1
2019-20
Ca Ital'Cost
Description andSco eofProect
Purchase of sir (6) Point Blank Executive body armors with carriers and accessories. The now body armor vests are to be wom by Brazos
County Attorney Investigators while an duty to provide safety while interacting with defendants of outstanding Hot Check warrants and
serving subpoenas to witnesses of active misdemeanor trial cases. The current vests have passed the date of expiration for compliance.
Purpose and Need IncludIng Operating Efficiencies and Savings
Body armor is esseotlal for the protection of our officers In the performance of their duties providing security for our personnel and other
employees and visitors to the courthouse, making arrests, and serving warrants.
Histo .and Current Status
Current vests have passed the expiration date of compliance. These vests were also fitted to Investigators that are no longer employed
-
with the County Attorneys Office therefore cannot be used by current Investigators.
`
Preram'Breakdown'and Operating Budget Imaet
DescriptlonlBaels for Estimate
FY 2016
FY 2017
FY 2018
F_ Y 2019
FY 2020
se of 6 point Blank body emiors w0h ecce
-
-
Total Capital Cost: -
-- - - $4',839-
- ,$0
- - $0
_ _ $0
- _ $0
Staffing Expense
Supplies and Maintenance Expense
-- - -
Operating Costs:
$0.
-- $0
...$0
. - -$0
�`..... - $0
$4939
$0
$0
$01
$0
Total Program Cost: 1
- This Section to Be Completed by Capital Improvement Commiffee Only
Category.,-
-. Schedule, of Activities - - -`- _ - .. - Suggested Method of RnanFu-
Activ From _ " To Amount
Funding Source
-
Fund Balance -FY
Budget Process -FY 2016 Capital Repl Fund
Bonds/Tax Notes -FY _
Bele of Property -FY._
Lease Payments
Total Cost
Funding Require ents
Completed by:
Department Name:
Duane Peters:
Vol. _ rf pg.
CONVERGENTZ'
Making Buildings Smarter
10555 Westpark Ddve, Houston. Tx 77042 , Phone: (713) 267-5790 • Fac (713) 26&7011
Quotation Number: TCPN# 01-10238.15-013 Date: September 9, 2015
Brazos County — Courthouse
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install chiller insulation at courthouse
Pricin :
• Strip existing insulation from each chiller
• Wire brush rust
• Reinsulate all cold surfaces with 1" Armaflex
• Remove all insulation debris from jobsite
*Notes and Clarification:
➢ I.P. drops will be provided to Convergentz at no additional cost and location will be
coordinated with Convergentz
➢ 120VAC will be provided by electrical contractor and is not provided as part of this
proposal
➢ Fire / fire -smoke/ control dampers and smoke detectors, including associated wiring, are
not included unless otherwise detailed within proposal
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hours
➢ Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT
conduit will be used in exposed areas.
Base Price...................................................................... $14.770.00 Dollars (tax exempt)
(Fourteen Thousand Seven Hundred Seventy Dollars and 00 Cents)
Performance Bond:
Price............................................................................. $600.00 Dollars (Tax Exempt)
(Six Hundred Dollars and 00 Cents)
vu_ 1.e
7
CONVERGENTZ'
Making Buildings Smarter
10555 Westpark 0&e, Houston, T% 77042 ♦ Phone: (713) 267-5790 ♦ Fax: (713) 266-7011
Quotation Number. TCPN 01-10238-15-007 Date: March 15, 2015
To: Brazos County
Attn: Mr. Ernest Stuffs
RE: Juvenile Detention Center BAS Upgrade to Tridium
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install new open protocol Tridium BAS
• Provide on complete web based Tridium system with BACnet communication protocol
• Controls for (19) Trane RTUs
General Inclusions:
• Floor Plan Graphics
(4) Hours of On Site Training
• As -built Drawings and 0&M Manuals
Pricing:
*Notes and Clarification:
➢ I.P. drops will be provided to Convergentz at no additional cost and location will be
coordinated with Convergentz
120VAC will be provided by electrical contractor and is not provided as part of this
proposal
➢ Fire / fire -smoke/ control dampers and smoke detectors, including associated wiring, are
not included unless otherwise detailed within proposal
Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hours
Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT conduit
will be used in exposed areas
Base Price.................................................................... $29,700.00 Dollars (Tax Exemptl
(Twenty Nine Thousand Seven Hundred Dollars)
Alternate Price for communication loop if required ............. $8,100.00 Dollars (Tax Exempt)
(Eight Thousand One Hundred Dollars)
Performance Bond:
Price............................................................................. $1,500.00 Dollars (Tax Exempt)
(One Thousand Five Hundred Dollars and 00 Cents)
Page 1 of 3
vol. __ 7—. P9 _%�%
CONMERGENTZ"
Making Buildings Smarter
The above price does not Include sales tax. Taxes WIN be billed In addition at the time of Job completion unless Convergentz Is
furnished a Tax Exemption Certificate
Standard Exceptions:
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is fine for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduron(rDconveroentz.com
The proposa sand co ditions contain rein are accepted
and Conve entz is autho ' ed to p oceed with the wo
Customer: rn� a
By: �wA at" Pers
Title: CMn J
Date:
P.O. Number:
Page 2 of 3
L01
Pg. /.��
Terms and Conditions of Sale
Acceptance: A proposal made upon Nese terms is subject to acceptance within thirty days
from date and the prices are subject to Grange without notice prior to acceptance by Customer
Any rebate form Center Point Energy has been amounted for in Ne pace of this preposal;
therefore, Convergent, will retain any rebate funds. If your artier is an acceptance of a written
proposal, an a form provided by Convergenh, without Ne add Von of any Omer terms and
canditions of sale or any Omer modifirauon, this document shall be treated solely as an
aemowledgral of such order, subject to vedlt approval. It your order is not sum an
acceptance, then his dpmrnent is Convergenhoffer, subject to credit approval, to provide the
goods enamor Work solely in aanrdanre with Me Icilmng terms and contracts of sale
Exclusions From Word: Convergenh obligation Is limited to me Waris as defined and does
not Induce any modifications to Me Premises under Me Advancens With Disabilities AG or any
Omer law or building cadets).
Construction Procedures:
Convergence shall supervise and direct tre Warn using its best skill and attention and have
exclusive control aver construction means, methods, techniques, sequences and procedures.
Payment Terms: Customer shall pay Convergenh' Invoces wthln not thirty (30) days of
invoice date. Convergentz may Invoice Customer for all equipment or material furnished,
whether delivered to the instandract site or to an off-site storage readily and for all wont
p roma d an site or off-site. No retention shall be withheld from any payments except as
expressly agreed in "Ung by Convergentz, In which case retention shall m reduced per Me
contract doamhen6 and releasedoolata than me date ofsubstantial camplebontreatments
nor received as required hereby, Convergenh may suspend performance and the time far
completion shall be extended for a reasonable penod of time not less than me period of
suspension. Customershol'. be liable to Convergent, for all reasonable Shuttlown, standby and
start-up costs as a result of me suspension. All amounts outstanding to days beyond Me due
date are subject to a service charge not to exceed 1.5% of me principal amount due or me
r usture m alawatto tegal interest rate, nalu adive 10 the doe date, Customer shall pay all nesis
(Including attorneys' fees) Incurred by Convergenh in attempting to Collect amounts due and
otherwise enforcing mese terms and conditions.
Time For Completion: Except to the extent otherwise expresslyagued Owning signed by an
mentioned representative of Convergentz, all dates provided! by Convergentz or Its
mpadsenta5vea for commencement progress or completion ere estimates only Wille
Convergent, shall use commercially reasonable efforts to meet such esgmand dates,
Convergent shall not be responsible for any damages for its failure to do so,
Access: Convergent, and Its contractors or subcontractors shall be crowded i acss to me
Preaksas during regular business hours, or such other hours as may be rearrested! by
Convergent, and acceptable to he Promises' owner or tenant for he performance of Me Work,
Including sufficient areas for Surging, mobilization, and storage, Convergenh' access to correct
any emergency candid on shall not be reshcted.
Permits And Governmental Fees: Ca wrrgeeh shall secure (with Customen's assistance)
and pay for building and offer permits and governmental fees, licames, and Inspections neces-
saryfar pope, peRuts .and empicton of the Welk, which aha laii required when buds
from Convergenh'subrontrachms are received, negotiations Marson concluded, or me reactive
dale of a relevant Change Order, whichever Is later. Custaner is responsible for necessary
apprevals, easements, assessments and charges for construction, use or occupancy of
mon ramal structures or for permanent changes to ousting faGlides.
Utilities During Construcdom Convergent, shall be provided without charge all water, heat,
and uldides during performance of Me Work.
Concealed Or Unknown Conditions: In the performance or Me Work, it Convergentz
enmurters conditions at he Premises that are (t) subsurface or omenvise concealed physical
conditions that differ maternally from those Indicated on drawings expressly Incorporated herein
ar (ii) unknown physical conditions of an unusual nature that differ materially from masa
andircos nada ly found to exist and generally recognized as Inherent In construction
actv,me of Me type and chara der as Mo Work, Convergentz shall natty Customer of such
conditions prompay, for to significantly caroming me sal if such conditons diger mean rally
and cause an increase In Convergentz' cast of, Or time required for, performance of any pad of
the, Work. Convergentz shall be ended Or, and Customer shall consent by Change Order h, an
Spoilable adjualmard h To Ci Price, contract hM, or bard.
My loss cenffbuted to, or aggravated by dust, mold fungus, and or dry rat and any resulting is
always excluded under his contract however mused.
Asbestos And Hazardous Materials: Convergent ' Work and other services in connection
with this Agreement exprassly excludes any IdenGfimnon, naturaenl, cleanup, control,
disposal, removal or other work Mora 0 with asbestos, polychlorinated loiphenyl ('PCB'), or
never hazardous materials (hereinafter, colledive'y,'Hazardous Mandate). Customer warrants
and represents Mot, except as set farm in a waling Signed by Converg;MM here ala no
Hazardous Materials oa he Premises Mat will to any way affed Canvergenh' Work and
Customer has dtscloset to Convergentz Me eustence and location deny Hazardous Materials
In all areas will which Convergentz will he per! mting Me WowsShould Convergent,
became aware of or suspect the presence of Hazardous Materials, Converges¢ may
Immediately stop work in Me affected are. and shall rwtly Cuteness. Customer will he
responsible for Unsng any and all action necessary to cannot Mo condition In accordance with
all applicable laws and regulations. Customer shall be exGual ly dispersion for any Made,
Including the payment thereof, arising out of Or dial to any Hazardous Matedals on or about
Me Premises, not brought onto the Premises by Convergenh. Convergenh it be required to
resume pertorm ince of me Wars, In Me affected area only In he absence of H„ardoas
Materials or when Me affected area has been rendered harmless. In no event shall
Comorgenh be obligated to menspon or handle Hazardous Materia, to crashes any notices to
any governmental agency, or to examine he Premises for he presence of Hazardous
Mintard s.
Conditions Beyond Central Of Pelves: If Convergenh shall be unable to tarty out any
material obltgadon under his Agreement due to events beyond its mntrG, such as acts of God,
govemrmnMl or Iudtcal authority, insurrections, dots, labor disputes, labor or materia
manages, fires,or ex;losions, this Agreement shall at Canvera lz' election V) remain in affect
but Convergenh' obligations shall be suspended until Me uncgnbdlahe event temtlnates, or (it)
be terminated upon ten (tri) days notice to Customer, In which event Customer shat; pay
Convergent, for all pans of the Wont, fumished to he data of termination. My loss consisting
Page 3 of 3
of, caused by, contributed lo, or aggravated by dust, mold, fungus, wet or dry rat and any
resulting loss In always excluded under this contract, however cawed.
Customer's Breach. Each of Ne following events or conditions shah diva e a breach by
Customer and shall give Convergentz the Agin, without an election of remedies, la terminate
This Agreement by delivery of when notice declaring teanination, upon which event Customer
shell be liable b Convergenh rat all Work famished to date and all damages sustained by
Convergents Vrduding lost profit and overhead): (1) Any failure by Customer to pay amounts
due more than thirty (30) days after the data of Me invoice herefaa; a (2) My failure by
Customer to perform or comply with any me:eaal provision of this Agreement
IndemmlOcandon. Convergenh and Customer shall indemnify, defend and hold each other
Immo a from any and at dams, actions, nests, expenses, damages and liabilities, meta g
reasonable ahorri fees, resulting from deem or badny injury or damage to real or personal
property, to the extent caused by me negligence or Misconduct of their respective employers Or
other authorized agents in connection with their aciNtles within me scope of this Agreement.
However, neither party shall Indemnify me other against claims, damages, expenses or
Val to me extent etaibtrtabe to Me negligence or Misconduct of me other party. Il the
parties are both at fault, Me obligation to Orermty, shall be proportional to Neer relative fault
The duly to Initial will commue in lel force and afraid, notwithstanding Me upiradon or
early termination hereof wih respect to any claims based an facts a candidions that occurred
poor to expiration a termination. Na antudsnding any contrary provision, heher party shall be
liable to the other for any special, incidental, consequential or parodic damages.
WodsmanallP and Equipment Warranty. Convergent warrants hat for a period of one year
from Me dale of substantial completion (Me Wamanry Period'), Convergenh equipment
instdllec hereunder and Work (t) shall lost tee from detects in material, manulacturs, and
workmanship and (ii) shall have the capacities and ratings set into in Convergentz' catalogs
and dulledns; substantial modradrun shalt be he welier of he data hal he Worxls suffidentiy
complete so hat Customer can utilize the Wont for Its intended use Or he date mat Customer
receives banmlciel use of Me Work. For Convergenh equipment not Installed by Convergentz,
Me Warranty Period Is to lesser of 12 months from initial Stan -up or 18 moths from he date
of shipmonl. If such defect is discovered wihin the Warranty Period, Convergenh will camel
One defect Or furnish replacement national tor, at its option, pans herefore) and, if said
equipment was Installed pursuant hereto, labor associated with me replacement of parts or
equiprronl not conforming to his warranty, No liabilily whatever shall atlal N Convergent,
until sold equipment and Went have been paid for In full and hen sold liability shall be limited to
Convergent' cost to .,Sol Me mIcO m Work Soman Me puourese price of the Standard
shown to be defective. Equipment anchor pats that are not manufactured by Convergent, are
not warranted by Convergenh and have such warrames as may be extended by the faspecdive
manufacturer. Convergent,' warranties expressly exclude any remedy for damage or distant
mused by corrosion, erosion, Or deterioration, abuse, madifimdons or repairs not penamed by
Convergenh, Improper operation, or named wear and tear under normal usage. Convergent,
shall not be call to pay for the east of last refrigerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Asst goal Customer may not assign, transfer. or convey Mia Agreement or any pad hereof,
or Its right, title or interest herein, wlthrut the written consent of Cdaergentz. Sol to the
foregoing, this Agreement shall be binding upon and inure to Me benefit of Customers
successors ere assigns.
Complete Agreement This Agreement shall cariSmuro Me entire Agreement between both
parties and his Agreement may not be oriented, modified or torminated except by a writing
signed by me partes heroic. No documents shall be hooporated herein by reference except
to me extent Camergantz is a Signatory thereon.
Assumptions:
Renewal As -Of Date:
Renewal Good Through:
Situs State
Claim Administrator
Network
Retirees Covered
Are retirees age 65 and over covered?
Waived Actively -at -Work
Additional Contract Specifications
Endorsements
07/15/2015
10/31/2015
TX
Blue Cross Blue Shield of Texas
Blue Cross Blue Shield
Yes
Yes
Yes
N/A
Plan Mirroring Coordination
The individual stop loss renewal is based upon the current leveraged trend factors, market conditions, plan designs and current
demographic factors. The aggregate renewal is based upon the experience of the group and current trend. Any plan changes
may affect this renewal and need to be disclosed prior to the renewal acceptance.
Cost containment services are managed and administered by independent third -party entities not affiliated with Voya Employee
Benefits. Voya Employee Benefits, a division of ReliaStar Life Insurance Company, does not warrant, guaranty, or make any
representations or warranties whatsoever, express or implied, or assume any liability regarding the use or the results of the cost
containment services, including without limitation any financial results, any information transmitted or received, any delay in
claims processing or payment, or loss of use of such cost containment services.
S ) �::ts:2 _�
Z�l�s
Authorized Signature Date
Authorized Signature Date
Brazos County
66427-8
11/01/2015
Excess Risk Insurance is underwritten by ReliaStar Life Insurance Company. Policy form RL-SL-POL-2013 (may vary by
state). `� /yLq\
RETIREMENT I INVESTMENTS I INSURANCE `�'--- ---v_ V ® Ma.
/FINANCIAL
Vol. _ 7 p q /�D 4
F
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vol. A Z 7 P9 /4-//
CONTRACT ti47-101451
TEXAS A&M ENGINEERING
#r^2"AMsX
lu
EXTENSION SERVICE Memorandum of Understanding
Between
The Texas A&M Engineering Extension Service
And
Texas Task Force One Member
And
The Participating Agency/Employer
An agreement entered into this 1st day of September, 2015 by and between Texas Task Force One
(TX -TF1), a division of the Texas A&M Engineering Extension Service (TEEX), and Martin Christopher
(Member) and his/her employer Brazos County, located in Bryan, Texas (Participating
Agency/Employer).
I. PURPOSE
To delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities
under the authority of the State of Texas Emergency Management Plan, the Robert T. Stafford
Disaster Relief and Emergency Act, Public law 93-288, as amended 42 U.S.C. 5121, et seq., and
Title 44 CFR Part 208 — National Urban Search and Rescue Response System.
II. SCOPE
The provisions of this Memorandum of Understanding (MOU) apply to US&R activities
performed at the request of the State of Texas and the Federal government provided at the
option of the Participating Agency/Employer and the Member. These activities may be in
conjunction with, or in preparation of, a state or federal declaration of disaster.
The scope of this MOU also includes training activities mandated by the Department of
Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and TEEX to
maintain Task Force operational readiness.
III. PERIOD OF PERFORMANCE
This MOU shall begin as of the date of the last signature and shall terminate October 31, 2018
or as described in section IX of this MOU.
IV. DEFINITIONS
A. Activation: The process of mobilizing TX -TF1 members to deploy to a designated disaster
site. When TX -TF1 responds to such a mobilization request, the TX -TF1 members are
required to arrive with all equipment and personal gear to the designated Point of Assembly
(POA) within four hours of activation notice.
B. Alert: The process of informing TX -TF1 members that an event has occurred and that TX -
TF1 may be activated at some point within the next 24-48 hours.
C. Backfill: The assignment of personnel by a participating agency to meet their minimum level
of staffing to replace a deployed TX -TF1 member.
Vol.
CONTRACT # 47-101451
D. De -Activation: The process of de -mobilizing TX -TF1 members upon notification from the
State or DHS/FEMA to stand down.
E. Director: The Director of TEEX.
F. DHS FEMA: Department of Homeland Security/Federal Emergency Management Agency
G. Individual Resource: A rostered TX -TF1 member that is self-employed and is not associated
with a Participating Agency/Employer.
H. Participating Agency/Employer: A TX -TF1 Member's employer, which by execution of this
MOU, has provided official sanction of TX -TF1 and supports the TX -TF1 Member's
involvement within TX -TF1.
I. Personnel Rehabilitation Period: The period sometimes allowed by the requesting agency
for TX -TF1 members' rehabilitation to normal conditions of living following activation.
J. Reasonable Personal Costs: Approved out-of-pocket expenses incurred by TX -TF1 members
in performance of their duties as a deployed TX -TF1 member.
K. State: For the purpose of this MOU, the State of Texas.
L. Support Specialist: A person who assists with administrative or other support during
mobilization, ground transportation, and demobilization of TX -TF1.
M. Task Force/Strike Team: An integrated collection of personnel and equipment meeting
standardized capability criteria for addressing search and rescue needs during disasters.
N. Task Force Sponsored Training: Training and/or exercises performed at the direction,
control, and funding of DHS/FEMA or TX -TF1.
0. Task Force Sanctioned Training: Training and/or exercises performed at the direction,
control, and funding of a Participating Agency/Employer or TX -TF1 member in order to
develop and maintain the US&R capabilities of the TX -TF1 member and the Task Force. Task
Force sanctioned training shall be coordinated with TEEX/US&R staff and receive written
authorization to conduct such training prior to the start of the training.
P. TEEX: Texas A&M Engineering Extension Service, a state agency, a member of the Texas
A&M University System, and the sponsoring agency for TX -TF1.
Q. TX -TF1 members: The collective membership of all rostered TX -TF1 members. TX -TF1
members may be singularly referred to as member.
R. Urban Search and Rescue (US&R): Specialized tactics, personnel, and equipment suited to
the unique search, rescue, and recovery problems associated with natural or man-made
disasters.
14�:l�Yli]�FYI311l�1[�9
A. TEEX shall be responsible for the following:
1. Recruiting and organizing a Task Force, according to guidelines prescribed in the
National US&R Response System Operations Manual.
2. Ensuring that each TX -TF1 member meets the necessary licensing, certification, or
other professional qualification requirements of his/her assigned position.
Page 2 of 13
vol. _�_�� Pg.
CONTRACT # 47-101451
3. Administrative, financial and personnel management as they relate to TX -TF1 and
performing all financial requirements as set forth herein.
4. Providing training to TX -TF1 members. Training shall be consistent with the
objectives of developing, upgrading, and maintaining individual skills, as identified in
the position description requirements, necessary to maintain operational readiness.
5. Developing, implementing, and exercising a notification and call -out system for TX -TF1
members.
6. Providing all personal protective equipment and uniforms as required by TX -TF1.
7. Providing all tools and equipment necessary to conduct safe and effective US&R
operations as listed in the current approved cache list.
8. Maintaining all tools and equipment in the US&R cache in a ready state.
9. Coordination between DHS/FEMA, the State, Participating Agencies/Employers, other
relevant governmental and private entities, and the individual TX -TF1 members.
10. Maintaining a primary contact list for all TX -TF1 members.
11. Maintaining personnel files on all TX -TF1 members for the purpose of documenting
training records, emergency notification, and other documentation as required by
DHS/FEMA and the State.
B. The Participating Agency/Employer shall be responsible for:
1. Maintaining a roster of all its personnel participating in TX -TF1 activities.
2. Providing a primary point of contact to TEEX for the purpose of notification ofTX-
TF1 activities.
3. Providing administrative support to employee members of TX -TF1, i.e. "time off' when
fiscally reasonable to do so for TX -TF1 activities such as training, meetings, and actual
deployments.
4. The submission of personnel reimbursement claims within forty-five (45) days of
official de -activation of the TX -TF1 member(s).
C. The Member is responsible for the following:
1. Be physically capable of performing assigned duties required in the position
description (PD) requirements for the assigned position in a wide range of
environments per TX -TF1 SOG, vol.1 ref 1-09 sec.1.01.
2. Maintain knowledge, skills, and abilities necessary to operate safely and effectively in
the assigned position.
3. Maintain support from your Participating Agency/Employer to participate in TX -TF1
activities.
4. Advise employer of TX -TF1 activities that may require time off work.
5. Advise TEEX of any change in the notification process, i.e. address or phone number
changes, and maintain current personal profile in the "Task Force Personnel Records
System".
Page 3 of 13
vol. _ % Pq. �l�
CONTRACT # 47-101451
6. Ensure availability for immediate call -out during the period Member's assigned team
is first on rotation for call -out.
7. Respond immediately to call -out with acceptance or refusal of current mission request
and arrive within 4 hoursfrom time of call -out to the assigned point of assembly (POA).
S. Maintain all equipment issued by TX -TF1 in a ready state and advise TEEX of any
lost, stolen or damaged items assigned to Member.
9. Completing and documenting the required immunizations listed in Attachment A.
10. Be prepared to operate in the disaster environment for not more than fourteen (14)
consecutive days.
11. Follow the TX -TF1 Policies and Procedures as published at www.texastaskforcel.org.
VI. PROCEDURES
A. Activation
1. Upon request from DHS/FEMA for disaster assistance, and/or determination that pre -
positioning TX -TF1 is prudent, TEEX shall request activation of TX -TF1 from the State
of Texas.
2. Upon request or permission from the State of Texas for disaster assistance, and/or
determination that pre -positioning TX -TF1 is prudent, TEEX will follow the steps in
section VI. B.
3. TEEX shall communicatean alert and/or activation noticestoTX-TFlmembersthrough
the paging and call -out system according to the current approved mobilization plan.
B. Mobilization, Deployment and Re -deployment
1. TEEX will notify TX -TF1 members of activation of TX -TF1.
2. Upon arrival at the POA, the State or a DHS/FEMA representative will provide
initial briefings, maps, food, housing and any other items essential to the initial set-
up and support of TX -TF1.
3. When TX -TF1 is activated, TEEX will be responsible for the movement of TX -TF1
members and all necessary equipment to the pre -designated point of departure
(POD) for ground transportation or air transport.
4. The State or DHS/FEMA will provide transportation from the POD to the disaster site
and transportation on the return trip.
5. TEEX will be responsible for the demobilization of TX -TF1 members and equipment to
the original POA upon completion of the US&R mission.
C. Management
1. TEEX will have overall management, command and control of all TX -TF1 resources and
operations.
2. Tactical deployment of TX -TF1 will be under the direction of the local Incident
Commander and the Task Force Leader(s) assigned to the incident.
VII. TRAINING AND EXERCISES
A. DHS/FEMA-Sponsored Training and Exercises
Periodically TX -TF1 members will be required to attend DHS/FEMA sponsored functional
Page 4 of 13
LO(. _2 a_� Pq. /�.�
CONTRACT # 47-101451
training. DHS/FEMA sponsored functional training shall be performed at the direction,
control and funding of DHS/FEMA in order to develop the technical skills of the US&R
Response System members.
B. Task Force Sponsored Training and Exercises
Periodically TX -TF1 members will be requested or required to attend Task Force
sponsored training or exercises. Task Force sponsored training or exercises shall be
performed at the direction, control and funding of TX -TF1 in order to develop the
technical skills of TX -TF1 members.
C. Task Force Sanctioned Training and Exercises
Periodically TX -TF1 members will be required and/or invited to attend Task Force
sanctioned training and/or exercises. Task Force sanctioned training and exercises may
be performed at the direction, control and funding of TEEX, a Participating
Agency/Employer, or the State of Texas in order to develop and maintain the US&R
capabilities of TX -TF1.
D. Non -Sponsored and/or Non -Sanctioned Training and Exercises
Non -sponsored and/or non -sanctioned training and/or exercises may be performed at the
direction, control and funding of a Participating Agency/Employer or TX -TF1 member in
order to develop and maintain the US&R capabilities of TX -TF1.
E. Minimum Training Requirements
All TX -TF1 members are required to maintain the skills and abilities identified in the position
description requirements (PD). TX -TF1 members are required to attend one of the
scheduled Full Scale exercises or Mobility Exercises and one Regional Training Event
annually, TX -TF1 members are required to attend a minimum of 50% of the TX -TF1
sponsored and sanctioned training opportunities provided for their assigned Task Force
position. Failure to attend a minimum of 50% of those training opportunities will result in
dismissal from the TX -TF1. Exceptions may be granted at the discretion of TEEX or the
Task Force Leader.
Vlll. ADMINISTRATIVE, FINANCIAL, AND PERSONNEL MANAGEMENT
A. Reimbursement of Participating Agencies/Employers
1. TEEX shall reimburse Participating Agencies/Employers for each of their employees
deployed as a TX -TF1 member for payroll associated costs during TX -TF1 members'
participation in state and/or federal disaster deployments. This reimbursement will be
in accordance with the TX -TF1 Pay Policy and will require Participating
Agencies/Employers to submit supporting documentation to TEEX prior to
reimbursement.
2. TEEX will reimburse the Participating Agency/Employer for cost of backfilling TX -TF1
members while activated. This shall consist of expenses generated by the replacement
of a deployed TX -TF1 member on their normally scheduled duty period/day. The
Participating Agency/Employer may reclaim expenses provided the base salary of the
replacement worker is not included in the request for reimbursement. TEEX cannot
pay for hours backfilled other than those that coincide with US&R hours worked.
3. TEEX will reimburse the Participating Agency/Employer for salaries and backfill
expenses of any deployed TX -TF1 member who would be required to return to regularly
scheduled duty during the personnel rehabilitation period described in the
demobilization order. If the deployed TX -TF1 member's regularly scheduled shift
begins or ends within the identified rehabilitation period, the Participating
Page 5 of 13
CONTRACT q 47-101451
Agency/Employer may give the deployed TX -TF1 member that time off with pay and
backfill his/her position. If a TX -TF1 member is not normally scheduled to work during
the identified rehabilitation period, then no reimbursement will be made for that TX -
TF1 member. TEEX will determine the personnel rehabilitation period that will apply
to each deployment based on the demobilization order for that deployment.
B. Reimbursement of a TX -TF1 Member as an Individual Resource
1. TEEX will pay a TX -TF1 member who is identified as an individual resource for all wages
specified in the TX -TF1 Standard Pay Policy see Attachment B. Upon receipt of the TX -
TF1 member's completed personnel reimbursement form, TEEX shall pay directly to
that individual all earned wages as determined by his/her Task Force position on the
TX -TF1 Pay Schedule by Position.
C. Other Reimbursements
1. TX -TF1 members shall be reimbursed for TEEX approved reasonable personal
costs associated with operations and maintenance of the Task Force during a
state or federal activation. Itemized receipts are required. TEEX cannot reimburse
Texas sales tax and Texas Hotel Occupancy taxes. Should un -reimbursable taxes be
charged accidentally, they should be removed at the time of purchase and the credit
should be visible on the receipt. All receipts must be submitted to the TEEX Business
Office within fifteen (15) days of deactivation.
2. TX -TF1 members shall be reimbursed for reasonable travel costs associated with
approved training in accordance with established Texas Task Force 1 Travel policy.
Itemized receipts are required and should not include Texas Hotel Occupancy taxes as
they are not reimbursable. Receipts should be submitted to the TEEX Business Office
within fifteen (15) days from the end of the trip.
3. Emergency procurement of Task Force materials, equipment and supplies purchased
and consumed by TX -TF1 members in providing requested assistance shall be
reimbursed on a replacement basis. Prior approval by TX -TF1 leadership must be
obtained and itemized receipts for such items shall be submitted to TEEX. Texas
sales tax is not reimbursable.
4. No TX -TF1 member or the Participating Agency/Employer shall be reimbursed for costs
incurred by activations that are outside the scope of this MOU.
5. All financial commitments herein are made subject to availability of funds from the
State of Texas and/or DHS/FEMA.
6. TEEX shall perform all duties of an employer in relation to a TX -TF1 member who
injured and eligible to receive benefits under Chapter 501 of the Texas Labor Code.
IX. CONDITIONS, AMENDMENTS, AND TERMINATION
A. This MOU may be modified or amended only with the written agreement of all parties, and
all amendments will be attached to this MOU.
B. Any party, upon 30 day written notice, may terminate this MOU.
C. TEEX complies with the provisions of Executive Order 11246 of Sept. 24, 1965, as amended
and with the rules, regulations, and relevant orders of the Secretary of Labor. To that end,
TEEX will not discriminate against any employee or TX -TF1 member on the grounds of race,
color, religion, sex, or national origin. In addition the use of state or federal facilities,
services, and supplies will be in compliance with regulations prohibiting duplication of
benefits and guaranteeing nondiscrimination. Distribution of supplies, provisions of
Page 6 of 13
FVO
,Z % Pg. / 7
CONTRACT # 47-101451
technical assistance and other relief assistance activities shall be accomplished in an
equitable and impartial manner, without discrimination on a basis prohibited by Texas or
federal law or on a basis of economic status.
X. LIABILITY AND WORKERS' COMPENSATION FOR FEDERAL ACTIVATION AND SPONSORED
TRAINING
A. Liability of Individual TX -TF1 Members
1. When TX -TF1 is activated by DHS/FEMA under the terms of this MOU, the Non -liability
clause as stated in P.L. 93-288, as amended Section 305 will be in effect: "The Federal
Government shall not be liable for any claim based upon the exercise or performance
of or failure to exercise or perform a discretionary function or duty on the part of a
Federal agency or an employee of the Federal Government in carrying out the
provisions of this Act."
2. Upon activation by DHS/FEMA, each TX -TF1 member shall be appointed as an
"excepted temporary federal employee", under the authority of the Stafford Act, Sec.
306(b)(1). DHS/FEMA, the State of Texas or TEEX shall not be liable for any
interference with the TX -TF1 member's seniority or pension rights or any interruption
of his or her continuous service with his or her employer or any adverse employment
consequences which occurs by reason of his or her participation with TX -TF1.
3. The U.S. Department of Justice has indicated to DHS/FEMA that during a federal
activation duly appointed and activated TX -TF1 members are regarded as "excepted
temporary federal employees" for purposes of Federal Tort Claims Act, 28 U.S.C. Sec.
2671. The applicability of the Federal Tort Claims Act to any claim, action or
lawsuit is determined by the U.S. Department of Justice in accordance with applicable
laws, regulations and policies and not by DHS/FEMA or the State of Texas.
B. Workers' Compensation, Long Term Disability and Death
1. TX -TF1 members who are injured while participating in DHS/FEMA sponsored
training and exercises or US&R activities following a federal activation may be eligible
for coverage under the Federal Employee's Compensation Act, administered by the
Department of Labor.
2. The benefit levels and schedule of awards for Federal workers' compensation are
those delineated in the Federal Employees' Compensation Act, as administered by the
Department of Labor.
3. TX -TF1 members permanently disabled and the survivors of TX -TF1 members who
lose their lives in the performance of DHS/FEMA sponsored training and exercises
or US&R activities following a federal activation may be eligible for benefits under the
Public Safety Officers' Benefits Act, 42 U.S.C. Sec. 3796 administered by the U.S.
Department of Justice.
XI. LIABILITY AND WORKERS' COMPENSATION FOR STATE ACTIVATION /AND TRAINING
A. During any period in which TX -TF1 is activated by the State of Texas, or during any TX -
TF1 sponsored or sanctioned training, TX -TF1 members who are not employees of
a component of the Texas A&M University System or another agency of the
State shall be included in the coverage provided under Chapter 501 of the Texas
Labor Code in the same manner as an employee, as defined by Section 501.001.
Page 7 of 13
FV0Ti 27 p9_ LS��
CONTRACT # 47-101451
Services with TX -TF1 by a state employee TX -TF1 member who is activated are considered
to be in the course and scope of the employee's regular employment with the State.
XII. LIABILITYAND WORKERS' COMPENSATION FOR NON-SPONSORED/SANCTIONED TRAINING
A. During non -TX -TF1 training and exercises, TX -TF1 members who are not employees of a
component of the Texas A&M University System or another agency of the State will not be
included in the same workers' compensation coverage afforded TX -TF1 members that are
activated or attending DHS/FEMA or TX -TF1 sponsored or sanctioned training and/or
exercises.
XIII. ENTIRE AGREEMENT
This MOU along with the following attachments reflects the entire agreement between the
parties:
i Attachment A, Immunizations
➢ Attachment B, TX -TF1 Standard Pay Policy
➢ Attachment C, TX -TF1 Pay Schedule by Position
➢ Attachment D, TX -TF1 Request for Reimbursement Form
Participating Agency/Employer and Member hereby acknowledge that they have read and understand
this entire MOU. The terms and conditions herein contained, together with any exhibits and/or
addendum attached are the full and complete terms of this MOU, and no alterations, amendments, or
modifications of the same shall be binding, unless first reduced to writing and signed by both parties.
This MOU is entered into by and between the following parties:
Page 8 of 13
TEXAS A&M ENGINEERING EXTENSION SERVICE (TEEX):
Authorized Signature
Jeff Saunders
Printed Name
CONTRACT # 47-101451
Date
200 Technology Way College Station TX, 77845-3424
Address City State, Zip
(979)458-0849 37167167164025
Phone Number TX VIN
TING AG CV/ PLOYER: 6M -X7 S I�JU.f ITUI
EmployerName
iedSignature Printed Name Date
awr
Address City State, Zip
q1q - 3W- glop
Phone Number
TX -TF1 MEMBER:
Authorized Signature
Address
Printed Name
City
Phone Number Email Address
P9.
Date
State, Zip
Page 9 of 13
CONTRACT # 47-101451
Attachment A
Texas Task Force 1
Immunization List
All active TX -TF1 members must maintain current immunizations for the following:
• Diphtheria/Tetanus (or Tetanus only if there is a contra-indication to Diphtheria)
• Hepatitis A
• Hepatitis B
• Measles/Mumps/Rubella (if born after 1957)
• Polio
vol. _. % pg. /.%�
CONTRACT # 47-101451
Attachment B
Texas Task Force One
Standard Pay Policy
I. Scope
The provisions of this policy apply to all TX -TF1 members and Texas A&M Engineering Extension Service
(TEEX) personnel assigned to the Urban Search and Rescue program.
II. Purpose
The purpose of this document is to delineate the policy and procedures for payment and/or
reimbursement of payroll expenses to include salaries/wages and associated fringe benefits incurred
during all federal and state activations of a TX -TF1 member.
III. Pay Rate
A. TX -TF1 will reimburse a Participating Agency/Employer for the participation of each activated TX -
TF1 member who is employed by that Participating Agency/Employer at the hourly rate or salary
identified on the most current payroll printout provided by the Participating Agency/Employer
requesting salary reimbursement. TX -TF1 may also reimburse Participating Agency/Employer for the
allocable portion of fringe benefits paid to or on behalf of the TX -TF1 member during the period of
activation. The actual benefits paid must also be shown on or attached to the Participating
Agency/Employer's payroll printout submitted to TEEX.
B. As an individual resource, TX -TF1 members not employed by a Participating Agency/Employerwill be
paid at a rate identified with his/her TX -TF1 position on the TX -TF1 Pay Schedule by Position attached
as Attachment C. The individual resource's 40 -hour workweek will begin upon acceptance of the
mission. The Individual Resource will receive the standard base rate of pay for the first 40 hours
worked within each workweek of a deployment. Hours above the 40 hours each week will be paid
at 1 Y, time the members base rate of pay.
C. TEEX employees who hold positions on TX -TF1 will be paid in accordance with Section IV below.
Actual payroll printouts reflecting salaries, wages and fringe benefits will be available for review and
documented during the reimbursement process.
IV. Deployment Work Shift
A. Every day is considered a workday during the Deployment until the activation is over, and
the Task Force returns to its original Point of Assembly (otherwise known as "portal to
portal"). Therefore, Saturday, Sunday, holidays and other scheduled days off are also
considered workdays during the period of activation.
B. All individuals are assured pay for base hours of work, mobilization and demobilization, travel, or
standby at the appropriate rate of pay for each workday.
C. Once activated, all non-FLSA exempt TX -TF1 members will receive the standard base rate of pay
for all hours they are scheduled to be on duty during a work day. A work day is defined from
midnight to midnight. Additional hours during this day not scheduled on duty will be paid at 1
times the standard base rate of pay. Kelly days are considered off duty hours.
D. All FLSA-exempt TX -TF1 members will receive their normal salary for all hours worked during
the activation. FLSA-exempt members will not receive an overtime rate. However, all hours will
be reimbursed at their straight time rate which will be coordinated with members' Participating
Agency/Employer.
V. Ordered Standby
Compensable standby shall be limited to those times when an individual is held, by direction or
orders, in a specific location, fully outfitted and ready for assignment.
TX - TF1 Standard Pay Policy
Rev. 2015
IV 01 P9 - /`l -2
CONTRACT # 47-101451
Attachment C
Texas Task Force 1 Pay Schedule by Position
TX -TF1 has adopted the following pay schedule for TX -TF1 members who are not employed by a
Participation Agency/Employer:
Assignment
Hourly Rate
Assignment
Hourly Rate
Medical Team Manager
$101.00
Safety Officer
$33.75
Task Force Leader
$50.00
Rescue Squad Officer
$33.75
Structural Specialist
$47.50
Planning Officer
$33.75
Technical Info Specialist
$33.75
Hoz-Mat/WMD Manager
$39.00
Communications Specialist
$33.75
Search Team Manager
$39.00
Rescue Team Manager
$39.00
Technical Search Specialist
$28.00
Logistics Team Manager
$39.00
Rescue Specialist
$28.00
Plans Manager
$39.00
Medical Specialist
$28.00
Logistics Specialist
$28.00
Heavy Rigging Specialist $28.00
Hoz-Mat/WMD Specialist $28.00
K-9 Specialist $28.00
CONTRACT It 47-101451
TEW ASM NGINEERWG
12 AM
W;r Attachment D
E NRUNSMnCE
Request for Reimbursement - Invoice
Your Invoice Number:
(This number will appear on the check for our tracking purposes)
Participating Organization:
Date: Fed. Tax ID No.:
Check Payable To:
Contact Name:
Address:
Contact Email:
Phone:
City, St, Zip
Major Cost Element
TX -TF1 Member(s)
Backfill TRUE
Total Amt. Requested
DIFFERENTIAL'
Salaries
$0.00
$0.00
$0.00
Mileage/Per Diem
$0.00
XXXXXXXXXXX
$0.00
Misc. Charges
(receipts req.)
$0.00
XXXXXXXXXXX
$0.00
Totals
$0.00
$0.00
$0.00
`This column should contain only the overtime costs associated with the backfill.
FEMA, the State of Texas, or
TEEX will not pay the basic salary of backfill position.
Once you have completed, please forward along with the appropriate payroll printouts to the following:
TEEX - Texas Task Force One
ATTN: Business Office/Deployments
P.O. Box 40006
College Station, TX 77842-4006
If you have any questions regarding this form, please contact the US&R Business Office at 979-458-0857. Thank you.
Certification:
I certify, to the best of my knowledge and belief, that the billed costs or disbursements are in accordance with
the terms and conditions of the MOU, that reimbursement for alcoholic beverages has not been requested,
and that payment is due and has not previously been requested.
Signature:
Namefritle:
Date:
j Vol. _a z 1-2 pg- /,5
12-
ELEVATOR
2
ELEVATOR MAINTENANCE
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 IQ Request No. 2016-015
Bryan, Texas 77803 Page 1 of 7 Pages
Telephone (979) 361-4294
GENERAL REOUIREMENT FOR CONTRACT
a duly authorized representative of
"Contractor" willingly attest to perform (or deliver) as per U.S. Communities
Attachment A, City of Denver Master Contract and Pricing Proposal for Brazos County. I further agree
to all of the provisions and specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos
County. Binding agreements shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
Pg. OSS
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HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this bid. Certification of such coverage must be provided to Brazos County upon request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required.
ADDITION/MODIFICATION OF LOCATION'S OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts or agreements or services applicable to such location,
the portion of this contract that applies to such locations is terminated. All remaining portions of the
contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such
termination of locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with Brazos County Auditor's office.
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Failure to provide this information may result in a delay in payment and/or back-up withholding as
required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
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SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items fumished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
Refer to insurance requirements in the City of Denver Master Contract
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
F
_� z% 1'q /`
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BRAZOS COUNTY, TEXAS Page 5 of 7 Pages
"Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGES/WAGES
Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for
wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOSCOUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
Allison Anderson-Fobert 832-475-6458
ASSIGNABILITY
This agreement may not be assigned without the prior written permission of Brazos County.
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
Agreement and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this Agreement shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
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ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between Brazos County and the
Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any negligent acts or omissions of Contractor, the Worker Compensation
Law or any other law, ordinance, order or decree. Contractor shall defend, indemnify and save
harmless Brazos County, its officers, agents and employees in accordance with this indemnification
clause except to the extent the injury or damage is caused by Brazos County, its officers, agents or
employees.
ASBESTOS EXPOSURE
Notwithstanding anything contained to the contrary within this Contract, KONE's work shall not include
any abatement or disturbance of asbestos containing material (ACM) or presumed asbestos containing
materials (PACM). KONE shall have the right to discontinue its work in any location where suspected
ACM or PACM is encountered or disturbed. Any asbestos removal or abatement, or delays caused by
such, required in order for KONE to perform its work shall be the Customer's sole responsibility and
expense.
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IQ Request No. 2016-015
Page 7 of 7 Pages
CONSEQUENTIAL DAMAGES
Notwithstanding the foregoing or any other provision in this Contract to the contrary, any consequential
damages arising from delays for which Contractor may be liable under this Contract shall not exceed
twenty-four thousand seven hundred eightyDollars and Zero Cents ($24,780.00.00).
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provisions and specifications of this contract.
Signed By:
Typed Name:
Company Name:
Email Address:
Mailing Address:
P. O. Box or Street
Employer Identification Number:
Social Security Number:
Title:
Phone No.
City State Zip
Appry Comm, . n ourt on this C91411 day ojffO'? 2015 by
ng the position of VI Q
JE
Attachment A
KONE Inc. Proposal to Supply Elevator, Escalator, Moving Walkway Services, repair or modernization
under the U.S. Communities Program utilizing the Terms and Conditions of the City and County of Denver
Master Contract
(Reference GENRL-201414653-00 dated April 0, 2014)
PROPOSED UNITS & EQUIPMENT PRICING:
Location Address
Elevators Escalators Other
Pricing
Brazos County Court House
4
$980.00/month
Brazos County Administration
1
$285.00/month
Sheriffs Office
1
$125.00/month
Brazos County Jail
2
$250.00/month
Expo Building
2
$250.00/month
Tax Office
I
$50.00/month
QEI Fees
$ 125.00/month
Total Monthly Costs $2.065.00/month
**KRMS-Elevator Phone Monitoring Y N ✓
**Requires execution and completion on the CIS (Customer Information Sheet) before phones can be programmed
to KONE.
APPLICABLE LAW
This Agreement shall be construed and enforced in accordance with, and the validity and performance of shall be
governed by, the laws of the State of Texas.
PROPOSED SCOPE OF WORK:
KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. In
addition, unless specifically excluded below, KONE will repair or replace the components listed below if the repair
or replacement is, in KONE's sole judgment, necessitated by normal wear and tear. Unless specifically included
elsewhere in this Agreement or unless Purchaser has separately contracted with KONE for the work, all other work
related to the equipment is Purchaser's responsibility.
HYDRAULIC ELEVATORS
RELAY LOGIC CONTROL SYSTEM
All control system components.
MICROPROCESSOR CONTROL SYSTEM
All control system components. System performance examinations will be conducted to ensure that dispatching
and motion control systems are operating properly.
POWER UNIT
Pump, motor, valves, and all related parts and accessories.
HYDRAULIC SYSTEM ACCESSORIES
Exposed piping, fittings accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any
heating or cooling elements installed by the original equipment manufacturer ("OEM") for controlling fluid
temperature.
CAR EQUIPMENT
All elevator control system components on the car.
WIRING
All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor.
HOISTWAY AND PIT EQUIPMENT
All elevator control equipment and buffers.
RAILS AND GUIDES
Guide rails, guide shoe gibs, and rollers.
DOOR EQUIPMENT
Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices,
hoistway door interlocks, door gibs, and auxiliary door closing devices.
MANUAL FREIGHT DOOR EQUIPMENT
Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and
counter -balancing equipment.
POWER FREIGHT DOOR EQUIPMENT
Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams,
interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices.
SIGNALS AND ACCESSORIES
Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators,
Vii.
car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and
installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during
KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's
then current labor rates.
TRACTION ELEVATORS
RELAY LOGIC CONTROL SYSTEM
All control system components.
MICROPROCESSOR CONTROL SYSTEM
All control system components. System performance examinations will be conducted to ensure that dispatching
and motion control systems are operating properly.
GEARED/GEARLESS MACHINES
All geared and gearless machine components.
WIRING
All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor.
CAR EQUIPMENT
All elevator control system components on the car.
HOISTWAY AND PIT EQUIPMENT
All elevator control equipment, car and counterweight buffers, overspeed governors, governor tension sheave
assemblies, and car and counterweight safeties.
RAILS AND GUIDES
Guide rails, guide shoe gibs, and rollers.
ROPES
Hoist ropes, governor ropes, and compensation ropes.
DOOR EQUIPMENT
Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices,
hoistway door interlocks, door gibs, and auxiliary door closing devices.
MANUAL FREIGHT DOOR EQUIPMENT
Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and
counter -balancing equipment.
POWER FREIGHT DOOR EQUIPMENT
Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams,
interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices.
SIGNALS AND ACCESSORIES
Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators,
car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and
installed as an integral part of the elevator equipment. Re -tamping of signal fixtures is included only during
KONE's maintenance visits. Service requests for re -tamping of signal fixtures will be billed separately at KONE's
then current labor rates.
I vol _� % - Pg`�t!
HOURS OF SERVICE
All services described above will be performed during the regular working hours of the regular working days of
the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the
Agreement.
SERVICE REQUESTS (CALLBACKS)
In addition to the work described in the Scope of Services section, this Agreement covers requests for service
during the regular working hours of the regular working days of the elevator trade. Service requests are defined as
services that require immediate attention and that are within the scope of services and not excluded from the scope
of services as provided below. Service requests outside the scope of services will be billed separately at KONE's
then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not
subject to audit. Service requests that require more than one technician or more than two hours to complete will be
treated as a repair and scheduled in accordance with the Hours of Service section above. Purchaser agrees that
KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make
such requests.
If Purchaser requests service on overtime, Purchaser will be charged only for the difference between KONE's
hourly billing rate and KONE's hourly overtime billing rate for each overtime hour.
Regular time non -emergency service calls have a 2 hour response time.
In the event of an emergency entrapment, the nearest KONE technician via GPS technology will be dispatched to
free the entrapped passenger. Entrapments and the safety of the end-user is always a high priority issue for KONE.
TESTS
KONE will perform the following tests on the Equipment. KONE is not liable for any property damage or personal
injury, including death, resulting from any test.
HYDRAULIC ELEVATOR
A pressure relief test and a yearly leakage test as required by applicable code.
TRACTION ELEVATOR
An annual no load test as required by applicable code.
A five (5) year full load test as required by applicable code.
QEI Fees are included in this contract
REPORTING SERVICES
KONE may provide Purchaser with access to KONE's online reporting tool. Based on the Purchaser's user access,
Purchaser can view information about the performance and service of the Equipment. KONE may provide
Purchaser with automatic email notifications that provide information on work performed.
EXCLUSIONS
The following are excluded from the scope of services
`vol. _ �`_.7 Ng.._/ �S�
GENERAL
KONE is not obligated to: perform safety tests other than those specified herein; perform any work required by
new or retroactive code changes; perform tests required or correct outstanding violations or deficiencies identified
prior to the effective date; removal of water or excessive debris from the pit; make replacements or repairs
necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions
(including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity
greater than 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism,
theft, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any
person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or
any other cause beyond KONE's direct control.
KONE agrees to maintain the existing performance as designed and installed. KONE is not required under this
Agreement to make changes in operation and/or control, subsequent to the date of this Agreement.
OBSOLESCENCE
A component may become obsolete during the term of this Agreement. Obsolete components are not covered
under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete
components. Equipment modifications necessary to accommodate replacement of obsolete components will also be
at the Purchaser's expense.
Components include without limitation any part, component, assembly, product, or firmware or software module.
A component is obsolete when it can no longer be economically produced due to the cessation of consistent
sources for materials, a loss or termination of a manufacturing process occurs, product reliability analysis shows
that it is not economically feasible to continue to produce the component, escalation of component costs beyond
acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or
conformance to codes or standards mandates that use of a component be discontinued in its entirety, or the OEM
designates the component as obsolete. No exception to the above will be made for a component designated as
obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish
reconditioned or used components. The component that replaces the obsolete components is covered under this
Agreement.
ELEVATOR
Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway
enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; power feeders, switches,
and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans;
fireman's phone devices; intercoms; telephones or communication devices; phone lines; music systems; media
displays; card -readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps;
emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil or
contamination caused by leaks in the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform
or keep records of firefighter's service testing, unless specifically included in this Agreement.
ESCALATOR AND POWERWALK
Refinishing, repairing, replacing or cleaning balustrades, pits, pans; sideplate devices; decks; skirt panels; anti -
slide devices; brushes; guards and damage or deterioration to skirt deflector brushes. KONE is not obligated to
perform an escalator cleandown, or do any work to bring the equipment in compliance with the escalator step/skirt
performance index or loaded gap values required by code. Purchaser will use the escalators for the sole purpose of
transporting passengers.
PREXISITING CONDITIONS
Jack Packing leak issue identified on #2 Jail Otis unit. Issue must be rectified by current vendor prior to KONE
service agreement; any service calls or repairs related to issue will be 100% billable if not resolved.
pg-
#1 Passenger at Expo Building was not in service. Unit must be fixed in running condition prior to KONE service
agreement. If unit is not running or repaired, any service calls or repairs related to the issue will be 100% billable.
REMOTE MONITORING
If the Equipment is equipped with remote monitoring capabilities, Purchaser gives KONE the right to utilize this
functionality and the phone line to the Equipment to collect data related to the use and operation of the Equipment.
SAFETY
Purchaser will provide a safe workplace for KONE personnel and safe access to the equipment, property and
machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove
and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and
all instructions and warnings related to the use of the equipment. Purchaser will be solely responsible for proper
use, for supervising the use of the equipment, and for taking such steps including but not limited to providing
attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of
the equipment.
Notwithstanding anything to the contrary contained in this Agreement, if in KONE's sole judgment the equipment
presents a safety hazard to the riding public or KONE's technicians (including but not limited to Purchaser's act of
creating or allowing unsafe practices or conditions or Purchaser's failure to authorize necessary repairs or
upgrades), KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that
KONE provides Purchaser with any oral or written account, report, information, or other statement identifying a
safety issue with the equipment that is the subject of the Agreement or otherwise makes any recommendation or
proposal to make a safety improvement or to address a safety issue related to such equipment, and Purchaser does
not immediately approve KONE's proposal or recommendation, Purchaser agrees to indemnify, defend, and hold
KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and
proposals, and any obligation on the part of KONE to indemnify or defend Purchaser with regard to such claim
shall be null and void.
NOTICE OF MALFUNCTION OR INJURY
As to any elevator or escalator equipment that is the subject of the Agreement, Purchaser will: (i) immediately shut
down any such equipment that presents a potential safety hazard; and (ii) provide prompt verbal notice to KONE's
Service Center of such hazard. Purchaser will immediately notify KONE's Service Center of any injury or accident
in or about such equipment, followed by prompt written notice of such injury or accident. Any indemnity of
Purchaser provided by KONE under the Agreement becomes null and void and will not be considered in
interpreting the Agreement if Purchaser does not take the action or provide the notice required by this provision.
THIRD PARTY SERVICES
All services within the scope of this Agreement must be performed by KONE or its subcontractors, if any. If
Purchaser causes or permits a third party to perform the same or substantially the same services required by this
Agreement, Purchaser waives all claims against KONE arising from or related to a third party's performance of
such services.
If a third party works on the equipment during the term of this Agreement, KONE reserves the right to inspect the
equipment and may determine that re -work, different or additional work is required. Purchaser will re-imburse
KONE for the cost the inspection and any additional work required. If Purchaser declines to have KONE perform
the additional work, KONE reserves the right to cancel the Agreement upon written notice to Purchaser.
vel. _c7-2-7 pg,��
i
NON-KONE EQUIPMENT
If the equipment covered under this Agreement was not manufactured by KONE (or a company acquired by
KONE), Purchaser will: (i) provide KONE with a complete set of as -built wiring diagrams and (ii) Purchaser will
procure and pay for replacement parts or proprietary diagnostic devices from the OEM, if requested by KONE.
KONE will reimburse Purchaser for the actual cost paid by Purchaser for OEM parts acquired at KONE's request.
KONE is not responsible for any delays, damages, cost, or claims arising from or in connection with Purchaser's
failure to provide OEM parts or proprietary diagnostic devices in a timely manner. Purchaser authorizes KONE to
produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of
the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the
building premises and the Purchaser retains possession.
KRMS Voice Monitoring Service Option
KONE will provide its KRMS voice monitoring service. Purchaser will provide an analog phone line to the
elevator machine room to be terminated on the appropriate phone jacks. If the phone line is an extension off an
existing phone system, Purchaser will provide a backup power source. If applicable, the extension must be direct
inward dial (DID). All phones and associated equipment must comply with ASME Al7.1, local codes, and
applicable law. Purchaser will provide KONE with the elevator phone number(s) or extension(s) so that these may
be programmed to call the KONE Service Center. Purchaser will complete the below information and update
KONE with the information immediately in writing if the information changes. Purchaser's named representatives
must be available 24/7 for contact by KONE. If the KONE Service Center receives a call from an elevator, KONE
will contact Purchaser's representatives in the order listed below. KONE will contact the local emergency
authorities only if there is an emergency or when KONE cannot reach Purchaser's representatives. Upon
termination of the Agreement, Purchaser must immediately reprogrammed all elevator phones to dial a number
other than a KONE phone number, and KONE will block the elevator phone numbers from contracting the KONE
Service Center.
KRMS Activation Fee: No Charge
KRMS Service Fee:
The Service Fee is based upon annual in advance payment. In the event Purchaser chooses an alternate payment
option on page 1, additional surcharge will apply.
Elevator Description
Equipmeut#
Elevator Phone #' and
xtension for Caller ID
1.
2.
3.
5.
6.
7.
vol. ��% !'g, �1_
J
8.
9.
10.
First Point of Contact (Required) -
Name:
itle:
hone #:
Cell Phone #:
Second Point of Contact (Required)
Name:
itle:
Phone #:
Cell Phone #:
Third Point of Contact (Optional)
Name:
itle:
Phone #:
Cell Phone #:
Local Emergency Authorities (Required)
Fire Department Phone #: 77777Folice
Department Phone #:
If Purchaser wishes to include KRMS voice monitoring services in the Agreement, Purchaser will accept by
initialing below.
Accepted
Pg.
LVO -1
-- -71
CUSTOMER INFORMATION
Who is the Agreement with?
Legal Name of the Company:
Address:
City:
State:
Zip:
Contact Name:
Title:
Phone:
Fax:
Is the Owner tax exempt? ❑ Yes (If Yes, provide the Tax Exemption Certificate.) ❑ No
Federal Tax ID #:
Where should the invoices be sent?
Legal Name of the Company:
Attention:
Address:
City:
State:
Zip:
Contact Name:
Title:
Phone:
Fax:
Federal Tax ID #:
Email:
Who will be responsible for paying the invoices?
Legal Name of the Company:
Attention:
Address:
City:
State:
Zip:
Contact Name:
Title:
Phone:
Fax:
Federal Tax ID #:
Email:
NSA -00-0036 412014
ACCEPTANCE
Service Agreement Effective Date: October 26, 2015 and shall continue for a period of Five (5)
years with the following exceptions:
• Brazos County Courthouse KONE Hydraulic to begin billing 5-12-2016
• Brazos County Courthouse KONE MRL to begin billing 2-11-2016
Service Agreement Number: TBD
The parties to this service agreement agree to the conditions contained herein:
is Agency
Name)
(Print Title)
Date:
Respectfully submitted,
Knnnn
OnnNE Inc. J
(Approved By) Authorized Representative
(Title)
Date:
NSA -00-0036 412014 J� y pg /,7/
AGREEMENT
THIS AGREEMENT for elevator maintenance and repair services is made and entered
into by and between the CITY AND COUNTY OF DENVER, a municipal corporation of the
State of Colorado, hereinafter referred to as the "City," and KONE INC., with an address of One
Montgomery Court, PO Box 429, Moline IL, 61265, hereinafter referred to as the "Contractor."
The parties agree as follows:
1. FORM OF AGREEMENT: This Agreement shall consist of the terms and
conditions stated in the following numbered paragraphs. No other documentation related to this
Agreement or generated as a result of this Agreement shall form a part of this Agreement unless
it is expressly referenced and incorporated herein.
2. CITY REPRESENTATIVE: The Manager of General Services ("Manager") is
the official City representative and directs all services performed under this Agreement.
Communication between the Manager and the Contractor shall be directed through the Manager
or such other representative as the Manager shall designate. The Contractor agrees that during
the term of this Agreement he shall fully coordinate all services hereunder with the City.
3. WORK TO BE PERFORMED:
A. Preventative and Routine Maintenance: The Contractor shall diligently
undertake, perform and complete all preventative and routine maintenance including all material,
labor, supervision, tools, supplies and all other expenses necessary to provide service,
preventative maintenance, inspections, adjustments, testing and repairs as set forth in Exhibit A,
Scope of Work, to the City's satisfaction ("Preventative and Routine Maintenance").
B. Assigned Work: The Contractor shall diligently undertake, perform and
complete work outside of the Preventative and Routine Maintenance described in paragraph 3.A
as assigned by written work order ("Assigned Work"). As the Manager determines the need
and availability of funding for Assigned Work, the City will issue a Work Order (Sample Work
Order attached as Exhibit B) to the Contractor detailing the nature and extent of the Assigned
Work. Work Orders may add or remove facilities from the list of facilities for which Contractor
with provide Preventative and Routine Maintenance for a negotiated fixed monthly fee or
provide for work in addition to Preventative and Routine Maintenance on a time and materials
basis at the rate specified in Contractor's Pricing Proposal attached as Exhibit C . Following
receipt of the issued Work Order, the Contractor shall, within three (3) business days and
confirm the scope of Assigned Work detailed therein and respond back to the Department as to
the Contractor's ability to initiate and complete the Assigned Work in the timeframe specified in
the Work Order. The Contractor assumes all responsibility and risks, including any additional
work or additional costs, for failure to confirm the completeness and accuracy of the Work Order
and the Assigned Work Amount. Confirmation includes, but is not restricted to, inquiries with
the Department as to any directions or specifications in the Work Order which are not clear. If
the Contractor fails to contact the Department within three (3) business days following receipt of
the issued Work Order and state unequivocally that the Contractor is ready and willing to
perform the Assigned Work in the manner and timeframe indicated on the Work Order, the City
reserves the right to immediately withdraw the issued Work Order. Upon the Contractor
executing the Work Order, the City shall finalize and execute the Work Order for the Assigned
Services and return a copy of the executed Work Order to the Contractor. The City will not
execute the Work Order unless any material changes proposed by the Contractor to the terms of
the issued Work Order and/or additions to the Assigned Services Amount are deemed acceptable
by the Manager and incorporated into the Work Order and until funding adequate to cover the
entire Assigned Services Amount is available.
C. Work Order Change: If, after execution of a Work Order and
commencement on the Assigned Work, additions, deletions or modifications to the Assigned
Work described in the Work Order, along with any associated changes in the Assigned Work
Amount, are required a Work Order Change, in substantially the form as set forth in Exhibit D
attached to this Agreement and incorporated herein by reference, may be issued in accordance to
the same standards and procedures prescribed for Work Orders. The Contractor shall promptly
and thoroughly review and respond to the proposed changes, in accordance with the same
standards and procedures prescribed for Work Orders, and notify the Department that the
Contractor is ready and willing to perform the Assigned Work in the manner and timeframe as
modified by the Work Order Change. The City will not execute the Work Order Change unless
any material changes proposed by the Contractor to the terms of the issued Work Order Change
and/or additions to the Assigned Services Amount are deemed acceptable by the Manager and
2
incorporated into the Work Order Change and until funding adequate to cover the entire
Assigned Services Amount, if modified, is available.
D. The Contractor shall faithfully perform the services in accordance with the
standards of care, skill, training, diligence, and judgment provided by highly competent
individuals performing services of a similar nature to those described in the Agreement and in
accordance with the terms of the Agreement.
E. All records, finding, research, opinions and documentation prepared by the
Contractor under this Agreement, if delivered to and accepted by the Manager shall become the
property of the City. The Contractor also agrees to allow the City to review any of the
procedures used by him/her in performing the services hereunder and to make available for
inspection notes and other documents used in the preparation of any of the services required
hereunder.
4. TERM OF AGREEMENT: The term of the Agreement shall be five (5) years
beginning on April 1, 2014 and ending on March 31, 2019. Subject to the Manager's prior
written authorization, the Contractor shall complete any Assigned Work in progress as of the
expiration date and the Term of the Agreement will extend until the work is completed or earlier
terminated by the Manager. The parties agree that in the performance of the terms, conditions,
and requirements of this Agreement by the Contractor, time is of the essence.
5. FORCE MAJEURE: The Contractor shall not be liable for any loss, damage or
delay, caused directly or indirectly by embargoes, strikes, lockouts, work interruptions, or other
labor disputes, fire, theft, flood, or by any cause beyond Contractor's control. Neither party shall
be liable for incidental, special or consequential damages. Notwithstanding any other provision
of the agreement, it is the intent of the parties that each party shall only be liable for damages
caused by its own negligent acts.
6. COMPENSATION AND PAYMENT:
A. Preventative and Routine Maintenance: The City agrees to pay the
Contractor, and the Contractor agrees to accept as full and total compensation for all
Preventative and Routine Maintenance a monthly fee for each listed facility in the amount listed
in Contractor's Pricing Proposal attached as Exhibit C.
3 vol. p—g. /7c
B. Assigned Work: The City agrees to pay the Contractor, and the
Contractor agrees to accept as full and total compensation for all assigned work, as agreed in
advance, either:
(1) Monthly Fee: An agreed to monthly fee for Preventative and
Routine Maintenance of facilities not listed in Contractor's Pricing Proposal.
(2) Time and Materials: The sum of Contractor's hourly fee of One
Hundred and Sixty Dollars and 42/100 ($160.42) per hour for the actual time spent
completing the work as contemporaneously documented, Contractor's documented actual
material costs and a markup not to exceed 15% of Contractor's actual cost for materials.
B. The Contractor shall submit a monthly statement for completed
Preventative and Routine Maintenance as well as for completed Assigned Work. The statement
will itemize charges for Preventative and Routine Maintenance by location and provide a
description of Assigned Work with a breakdown of hours, materials and markup. Signed work
orders with supporting documentation of material costs will be attached to Contractor's
statement.
C. Reimbursable Expenses: There are no reimbursable expenses allowed
under the Agreement. All of the Contractor's expenses are contained in Contractor's rates.
D. Maximum Contract Amount:
(1) Notwithstanding any other provision of the Agreement, the City's
maximum payment obligation will not exceed Two Million Dollars and 00/100
($2,000,000.00) (the "Maximum Contract Amount"). The City is not obligated to execute
an Agreement or any amendments for any further services, including any services
performed by Contractor beyond that specifically described in Exhibit A. Any services
performed beyond those in Exhibit A are performed at Contractor's risk and without
authorization under the Agreement.
(2) The City's payment obligation, whether direct or contingent, extends only
to funds appropriated annually by the Denver City Council, paid into the Treasury of the
City, and encumbered for the purpose of the Agreement. The City does not by the
Agreement irrevocably pledge present cash reserves for payment or performance in
future fiscal years. The Agreement docs not and is not intended to create a multiple -fiscal
year direct or indirect debt or financial obligation of the City.
4 L --
r l :2 27— Peg
E. Assumed Work Limit: The cost of Assigned Work on any single project
shall not exceed $400,000.00.
7. STATUS OF CONTRACTOR: The Contractor is an independent contractor
retained to perform professional or technical services for limited periods of time. Neither the
Contractor nor any of its employees are employees or officers of the City under Chapter 18 of
the Denver Revised Municipal Code, or for any purpose whatsoever.
S. TERMINATION OF AGREEMENT:
A. The City has the right to terminate this Agreement, with cause, on Twenty
(20) days written notice to the Contractor. However, nothing herein shall be construed as giving
the Contractor the right to perform services under this Agreement beyond the time when such
services become unsatisfactory to the Manager.
R. If this Agreement is terminated by the City with cause, the Contractor
shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts
contained in invoices which it has submitted and which have been approved by the City, (2) the
reasonable value to the City of the work which the Contractor performed prior to the date of the
termination notice, but which had not yet been approved for payment, and (3) the cost of any
work which the Manager approves in writing which he determines is needed to accomplish an
orderly termination of the work.
C. The City has the right to terminate this Agreement, without cause, on
thirty (30) days written notice to the Contractor. However, nothing herein shall be construed as
giving the Contractor the right to perform services under this Agreement beyond the time when
such services become unsatisfactory to the Manager.
D. If this Agreement is terminated by the City without cause, the Contractor
shall also be compensated for any reasonable costs it has actually incurred in performing services
hereunder prior to the date of the termination.
E. If this Agreement is terminated, the City shall take possession of all
materials, equipment, tools and facilities owned by the City which the Contractor is using by
whatever method it deems expedient, and the Contractor shall deliver to the City all drafts or
other documents it has completed or partially completed under this Agreement, together with all
other items, materials and documents which have been paid for by the city, and these documents
and materials shall be the property of the City. Copies of work product incomplete at the time of
5
LV 1—). 1
termination shall be marked "DRAFT -INCOMPLETE". The City shall use any and all such
incomplete documents or incomplete data at its own risk.
F. Upon termination of this Agreement by the City, the Contractor shall have
no claim of any kind whatsoever against the City by reason of such termination or by reason of
any act incidental thereto, except for compensation for work satisfactorily performed as
described herein.
9. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any
payment by the City hereunder constitute or be construed to be a waiver by the City of any
breach of term, covenant, or condition or any default which may then exist on the part of the
Contractor, and the making of any such payment when any such breach or default shall exist
shall not impair or prejudice any right or remedy available to the City with respect to such breach
or default; and no assent, expressed or implied, to any breach of any one or more terms,
covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding or
other breach.
10. INDEMNIFICATION:
A. To the fullest extent permitted by law, the Contractor hereby agrees to defend,
indemnify, reimburse and hold harmless City, its appointed and elected officials, agents and
employees for, from and against all liabilities, claims, judgments, suits or demands for damages
to persons or property arising out of, resulting from, or related to the work performed under this
Agreement that are due to the negligence or fault of the Contractor or the Contractor's agents,
representatives, subcontractors, or suppliers ("Claims"). This indemnity shall be interpreted in
the broadest possible manner consistent with the applicable law to indemnify the City.
B. Contractor's duty to defend and indemnify City shall arise at the time written
notice of the Claim is first provided to City regardless of whether suit has been filed and even if
Contractor is not named as a Defendant.
C. Contractor will defend any and all Claims which may be brought or threatened
against City and will pay on behalf of City any expenses incurred by reason of such Claims
including, but not limited to, court costs and attorney fees incurred in defending and
investigating such Claims or seeking to enforce this indemnity obligation. Such payments on
behalf of City shall be in addition to any other legal remedies available to City and shall not be
considered City's exclusive remedy.
s ISI �� 7 p9 �7� .
D. Insurance coverage requirements specified in this Agreement shall in no way
lessen or limit the liability of the Contractor under the terms of this indemnification obligation.
The Contractor shall obtain, at its own expense, any additional insurance that it deems necessary
for the City's protection.
E. This defense and indemnification obligation shall survive the expiration or
termination of this Agreement.
11. EXAMINATION OF RECORDS: The Contractor agrees that any duly
authorized representative of the City, including the City Auditor or his representative, shall, until
the expiration of three (3) years after the final payment under this Agreement, have access to and
the right to examine any directly pertinent books, documents, papers and records of the
Contractor, involving transactions related to this Agreement.
12. NO AUTHORITY TO BIND CITY TO CONTRACTS: The Contractor has
no authority to bind the City on any contractual matters. Final approval of all contractual matters
which obligate the City must be by the City, as required by Charter and ordinance.
13. VENUE, GOVERNING LAW: Each and every term, condition, or covenant
herein is subject to and shall be construed in accordance with the provisions of Colorado law, the
Charter of the City and County of Denver and the ordinances, rules, regulations, and Executive
Orders enacted and/or promulgated pursuant thereto. The Charter and Revised Municipal Code
of the City and County of Denver, as the same may be amended from time to time, are hereby
expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for
any action arising hereunder shall be in the District Court for City and County of Denver,
Colorado.
14. USE, POSSESSION OR SALE OF ALCOHOL OR DRUGS: The Contractor,
his or her officers, agents, and employees shall cooperate and comply with the provisions of
Executive Order 94 and Attachment A thereto concerning the use, possession or sale of alcohol
or drugs. Violation of these provisions or refusal to cooperate with implementation of the policy
can result in the City barring the Contractor from City facilities or participating in City
operations.
15. ASSIGNMENT AND SUBCONTRACTING: The City is not obligated or
liable under this Agreement to any party other than the Contractor named herein. The Contractor
understands and agrees that he or she shall not assign or subcontract with respect to any of his or
7
FoVol. _ 2� % pg
/_�
her rights, benefits, obligations or duties under this Agreement except upon prior written consent
and approval of the City, which consent or approval may be withheld in the absolute discretion
of the City; and in the event any such assignment or subcontracting shall occur, such action shall
not be construed to create any contractual relationship between the City and such assignee or
subcontractor, and the Contractor herein named shall remain fully responsible to the City
according to the terms of this Agreement.
16. NO WAIVER OF RIGHTS: No assent, expressed or implied, to any breach of
any one or more covenants, provisions or conditions of the Agreement shall be construed as a
waiver of any succeeding or other breach.
17. NO DISCRIMINATION IN EMPLOYMENT: In connection with the
performance of work under this Agreement, the Contractor agrees not to refuse to hire,
discharge, promote or demote, or to discriminate in matters of compensation against any person
otherwise qualified, solely because of race, color, religion, national origin, gender, age, military
status, sexual orientation, marital status, or physical or mental disability; and the Contractor
further agrees to insert the foregoing provision in all subcontracts hereunder.
18. CONFLICT OF INTEREST: The parties agree that no employee of the City
shall have any personal or beneficial interest whatsoever in the services or property described
herein and the Contractor further agrees not to hire or contract for services any employee or
officer of the City which would be in violation of the Denver Revised Municipal Code, Chapter
2, Article 1V, Code of Ethics, or Denver City Charter §§ 1.2.8, 1.2.9, and 1.2.12.
The Contractor agrees that it will not engage in any transaction, activity or conduct which
would result in a conflict of interest under this Agreement. The Contractor represents that it has
disclosed any and all current or potential conflicts of interest. A conflict of interest shall include
transactions, activities or conduct that would affect the judgment, actions or work of the
Contractor by placing the Contractor's own interests, or the interests of any party with whom the
Contractor has a contractual arrangement, in conflict with those of the City. The City, in its sole
discretion, shall determine the existence of a conflict of interest and may terminate this
Agreement in the event such a conflict exists after it has given the Contractor written notice
which describes the conflict. The Contractor shall have thirty (30) days after the notice is
received to eliminate or cure the conflict of interest in a manner which is acceptable to the City.
s vol. pg. /_1.9
19. INSURANCE:
A. General Conditions: Contractor agrees to secure, at or before the time of
execution of this Agreement, the following insurance covering all operations, goods or services
provided pursuant to this Agreement. Contractor shall keep the required insurance coverage in
force at all times during the tern of the Agreement, or any extension thereof, during any
warranty period and maintain coverage including products and completed operations for three (3)
years after termination of the Agreement. The required insurance shall be underwritten by an
insurer licensed or authorized to do business in Colorado and rated by A.M. Best Company as
"A -"VIII or better. Each policy shall contain a valid provision or endorsement requiring
notification to the City in the event any of the required policies be canceled or non -renewed
before the expiration date thereof. Such written notice shall be sent to the parties identified in
the Notices section of this Agreement. Such notice shall reference the City contract number
listed on the signature page of this Agreement. Said notice shall be sent thirty (30) days prior to
such cancellation or non -renewal unless due to non-payment of premiums for which notice shall
be sent ten (10) days prior. If such written notice is unavailable from the insurer, Contractor
shall provide written notice of cancellation, non -renewal and any reduction in coverage to the
parties identified in the Notices section by certified mail, return receipt requested within three (3)
business days of such notice by its insurer(s) and referencing the City's contract number. If any
policy is in excess of a deductible or self-insured retention, the City must be notified by the
Contractor. Contractor shall be responsible for the payment of any deductible or self-insured
retention. The insurance coverages specified in this Agreement are the minimum requirements,
and these requirements do not lessen or limit the liability of the Contractor. The Contractor shall
maintain, at its own expense, any additional kinds or amounts of insurance that it may deem
necessary to cover its obligations and liabilities under this Agreement.
B. Proof of Insurance: Contractor shall provide a copy of this Agreement to its
insurance agent or broker. Contractor may not commence services or work relating to the
Agreement prior to placement of coverages required under this Agreement. Contractor certifies
that the certificate of insurance attached as Exhibit E, preferably an ACORD certificate,
complies with all insurance requirements of this Agreement. The City requests that the City's
contract number be referenced on the Certificate. The City's acceptance of a certificate of
insurance or other proof of insurance that does not comply with all insurance requirements set
s I
Vo -_,7 7 Pg /_��
forth in this Agreement shall not act as a waiver of Contractor's breach of this Agreement or of
any of the City's rights or remedies under this Agreement. The City's Risk Management Office
may require additional proof of insurance, including but not limited to policies and
endorsements.
C. Owner's and Contractor's Protective Liability Insurance: Contractor's
insurer(s) shall name the City and County of Denver, its elected and appointed officials,
employees and volunteers as named insureds on an Owner's and Contractor's Protective Liability
Policy. The Policy limit will equal the requested General Liability and Excess Liability limits.
D. Waiver of Subrogation: For all coverages required under this Agreement,
Contractor's insurer shall waive subrogation rights against the City.
E. Subcontractors and Subconsultants: All subcontractors and subconsultants
(including independent contractors, suppliers or other entities providing goods or services
required by this Agreement) shall be subject to all of the requirements herein and shall procure
and maintain the same coverages required of the Contractor. Contractor shall ensure that all such
subcontractors and subconsultants maintain the required coverages. Contractor agrees to provide
proof of insurance for all such subcontractors and subconsultants upon request by the City.
F. Workers Compensation/Employer's Liability Insurance: Contractor shall
maintain the coverage as required by statute for each work location and shall maintain
Employer's Liability insurance with limits of $100,000 per occurrence for each bodily injury
claim, $100,000 per occurrence for each bodily injury caused by disease claim, and $500,000
aggregate for all bodily injuries caused by disease claims. Contractor expressly represents to the
City, as a material representation upon which the City is relying in entering into this Agreement,
that none of the Contractor's officers or employees who may be eligible under any statute or law
to reject Workers' Compensation Insurance shall effect such rejection during any part of the term
of this Agreement, and that any such rejections previously effected, have been revoked as of the
date Contractor executes this Agreement.
G. Commercial General Liability: Contractor shall maintain a Commercial
General Liability insurance policy with limits of $1,000,000 for each occurrence, $1,000,000 for
each personal and advertising injury claim, $2,000,000 products and completed operations
aggregate, and $2,000,000 policy aggregate.
10 Vol. _07.2, tog._���
to such enforcement, shall be strictly reserved to the City and the Contractor, and nothing
contained in this Agreement shall give or allow any such claim or right of action by any other or
third person on such Agreement, including but not limited to subcontractors and suppliers. It is
the express intention of the City and the Contractor that any person other than the City or the
Contractor receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only.
22. DISPUTES: All disputes of whatsoever nature between the City and Contractor
regarding this Agreement shall be resolved by administrative hearing, pursuant to the procedure
established by Denver Revised Municipal Code, Section 56-106. For the purpose of that
procedure, the City official rendering a final determination shall be the City representative
identified in Paragraph 2 hereof.
23. TAXES, CHARGES AND PENALTIES: The City shall not be liable for the
payment of taxes, late charges or penalties of any nature, except as required by Denver's Revised
Municipal Code.
24. TOBACCO PRODUCTS: There shall be no sale or advertising of tobacco
products on the premises or in facilities owned or operated or controlled by the City and County
of Denver. "Sale" includes promotional distribution, whether for consideration or not, as well as
commercial transactions for consideration. "Advertising" includes the display of commercial
and noncommercial promotion of the purchase or use of tobacco products through any medium
whatsoever, but does not include any advertising and sponsoring which is a part of a
performance or show or event displayed or held in city facilities.
25. NOTICES: Notices concerning the termination of this Agreement, notices of
alleged or actual violations of the terns or conditions of this Agreement, and other notices of
similar importance shall be made:
By Contractor to: Manager of General Services
201 West Colfax Avenue
Denver, Colorado 80202
And by the City to: KONE INC.
One Montgomery Court, PO Box 429
Moline IL, 61265
12V71 - aS % pg.
26. SURVIVAL OF CERTAIN PROVISIONS: The parties understand and agree
that all terms, conditions and covenants of this Agreement, together with any exhibits and
attachments hereto, any or all of which by reasonable implication, contemplate continued
performance or compliance beyond the expiration or termination of this Agreement (by
expiration of the tern or otherwise), shall survive such expiration or termination and shall
continue to be enforceable as provided herein. Without limiting the generality of the foregoing,
the Contractor's obligations for the provision of insurance and for indemnity to the City shall
survive for a period equal to any and all relevant statutes of limitation, plus the time necessary to
fully resolve any claims, matters or actions begun within that period.
27. PARAGRAPH HEADINGS: The captions and headings set forth herein are for
convenience of reference only, and shall not be construed so as to define or limit the terms and
provisions hereof.
28. SEVERABILITY: It is understood and agreed by the parties hereto that if any
part, term, or provision of this Agreement, except for the provisions of this Agreement requiring
prior appropriation of funds and limiting the total amount payable by the City, is by the courts
held to be illegal or in conflict with any law of the State of Colorado, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the particular part,
term, or provision held to be invalid.
29. AGREEMENT AS COMPLETE INTEGRATION -AMENDMENTS: This
Agreement is intended as the complete integration of all understandings between the parties. No
prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
written amendatory or other Agreement properly executed by the parties. This Agreement and
any amendments shall be binding upon the parties, their successors and assigns.
30. LEGAL AUTHORITY:
A. The Contractor assures and guarantees that he or she possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into this Agreement.
13 j u'ol. , �
B. The person or persons signing and executing this Agreement on behalf of the
Contractor do hereby warrant and guarantee that he/she or they have been fully authorized by the
Contractor to execute this Agreement on behalf of the Contractor and to validly and legally bind
the Contractor to all the terms, performances and provisions herein set forth.
C. The City shall have the right, at its option, to either temporarily suspend or
permanently terminate this Agreement, if there is a dispute as to the legal authority of either the
Contractor or the person signing the Agreement to enter into this Agreement. The City shall not
be obligated to pay Contractor for any performance of the provisions of this Agreement after the
City has suspended or terminated this Agreement as provided in this Paragraph.
31. NO CONSTRUCTION AGAINST DRAFTING PARTY: Each of the Parties
acknowledge that each of them and their respective counsel have had the opportunity to review
this Agreement and that this Agreement shall not be construed against any Party merely because
this Agreement or any of its provisions, have been prepared by a particular Party.
32. CONTRACT DOCUMENTS: ORDER OF PRECEDENCE: This Agreement
consists of Paragraphs 1 through 36, which precede the signature page, and the following
attachments which are incorporated herein and made a part hereof by reference:
Exhibit A
Scope of Services
Exhibit B
Sample Work Order
Exhibit C
Pricing Proposal
Exhibit D
Work Order Change
Exhibit E
Certificates of Insurance / Evidence Coverage
Exhibit F
Prevailing Wage Rates
In the event of (i) an irreconcilable conflict between a provision of Paragraphs 1 through 38, and
any of the listed attachments or between provisions of any attachments, such that it is impossible
to give effect to both, the order of precedence to determine which document shall control to
resolve such conflict, is as follows, in descending order:
Paragraphs 1 through 36
Exhibit C
Exhibit A
Exhibit F
Exhibit E
14 Pq
Exhibit C
Exhibit B
Exhibit D
33. OWNERSHIP OF WORK PRODUCT: All plans, drawings, reports,
submittals and other documents submitted to the City or its authorized agents by the Contractor
shall become and are the property of the City, and the City may, without restriction, make use of
such documents and underlying concepts as it sees fit. The Contractor shall not be liable for any
damage, which may result from any use of such documents for purposes other than those
described in this Agreement.
34. PAYMENT OF PREVAILING WAGE RATES:
A. Pursuant to Section 20-76 of the Denver Revised Municipal Code, the Contractor
and each of its subcontractors shall pay every worker, laborer or mechanic employed by it
directly upon the site of the work under this Agreement the full amounts accrued at the time of
payment, computed at wage rates not less than those shown on the current prevailing wage rate
schedule, Exhibit F, for each class of employees included in this Agreement. The wages shall
be those prevailing as of the date of this Agreement, and the Contractor shall post in a prominent
and easily accessible place, a copy of the wage rates for the positions or positions to which the
prevailing wage ordinance applies. All construction workers, mechanics and other laborers shall
be paid at least once per week; non -construction workers such as janitorial or custodial workers
shall be paid at least twice per month.
B. The Contractor shall furnish to the City Auditor or his authorized representative,
each week during which work is performed under this Agreement, a true and correct copy of the
payroll records of all workers employed to perform the work, to whom the prevailing wage
ordinance applies. All such payroll records shall include information showing the number of
hours worked by each worker, the hourly pay of such worker, any deductions made from pay,
and the net amount of pay received by such worker for the period covered by the payroll. The
payroll record shall be accompanied by a sworn statement of the Contractor that the copy is a
true and correct copy of the payroll records of all workers performing such work, either for the
Contractor or a subcontractor, that payments were made to the workers as set forth in the payroll
records, that no deductions were made other than those set forth in such records, and that all
workers were paid the prevailing wages as set forth in this Agreement.
15
C. If the term of this Agreement extends for more than one year, the minimum City
prevailing wage rates which shall be paid during any subsequent yearly period or portion thereof
shall be the wage rates in effect on the yearly anniversary date of this Agreement which begins
such subsequent period. Decreases in prevailing wages subsequent to the date of this Agreement
shall not be effective except on the yearly anniversary date of this Agreement. In no event shall
any increases in prevailing wages after the fust anniversary of this Agreement result in any
increased liability on the part of the City and the possibility and risk of any such increase is
assumed by the Contractor.
D. If the Contractor or any subcontractor fails to pay such wages as required herein,
the City Auditor shall not approve any warrant or demand for payment to the Contractor until the
Contractor furnishes to the Auditor evidence satisfactory to the Auditor that such wages so
required by this Agreement have been paid. The Contractor may utilize the procedures set out in
D.R.M.C. §20-76(d)(4) to satisfy the requirements of this provision.
E. If any worker to whom the prevailing wages are to be paid, employed by the
Contractor or any subcontractor to perform work hereunder, has not been or is not being paid a
rate of wages required by this Paragraph 34, the Manager of General Services may by written
notice to the Contractor, suspend by a stop -work order or terminate the Contractor's services
hereunder, or the part of such services performed by such workers. The issuance of a stop -work
order shall not relieve the Contractor of any obligations or liabilities to the City under this
Agreement, including liability to the City for any extra costs incurred by it in obtaining
replacement elevator maintenance and repair services while any such stop -work order is in effect
or following termination for such cause.
35. NO EMPLOYMENT OF ILLEGAL ALIENS TO PERFORM WORK
UNDER THE AGREEMENT:
A. This Agreement is subject to Division 5 of Article IV of Chapter 20 of the Denver
Revised Municipal Code, and any amendments (the "Certification Ordinance").
B. The Contractor certifies that:
(1) At the time of its execution of this Agreement, it does not knowingly employ
or contract with an illegal alien who will perform work under this Agreement.
16 \roi ai7 Fq. -���
(2) It will participate in the E -Verify Program, as defined in § 8 17.5-101(3.7),
C.R.S., to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement.
C. The Contractor also agrees and represents that:
(1) It shall not knowingly employ or contract with an illegal alien to perform work
under the Agreement.
(2) It shall not enter into a contract with a subconsultant or subcontractor that
fails to certify to the Contractor that it shall not knowingly employ or contract
with an illegal alien to perform work under the Agreement.
(3) It has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement, through
participation in the E -Verify Program.
(4) It is prohibited from using the E -Verify Program procedures to undertake pre-
employment screening of job applicants while performing its obligations under
the Agreement, and that otherwise requires the Contractor to comply with any and
all federal requirements related to use of the E -Verify Program including, by way
of example, all program requirements related to employee notification and
preservation of employee rights.
(5) If it obtains actual knowledge that a subconsultant or subcontractor
perfonning work under the Agreement knowingly employs or contracts with an
illegal alien, it will notify such subconsultant or subcontractor and the City within
three (3) days. The Contractor will also then terminate such subconsultant or
subcontractor if within three (3) days after such notice the subconsultant or
subcontractor does not stop employing or contracting with the illegal alien, unless
during such three-day period the subconsultant or subcontractor provides
information to establish that the subconsultant or subcontractor has not knowingly
employed or contracted with an illegal alien.
(6) It will comply with any reasonable request made in the course of an
investigation by the Colorado Department of Labor and Employment under
authority of § 8-17.5-102(5), C.R.S, or the City Auditor, under authority of
D.R.M.C. 20-90.3.
D. The Contractor is liable for any violations as provided in the Certification
Ordinance. If Contractor violates any provision of this section or the Certification Ordinance,
the City may terminate this Agreement for a breach of the Agreement. If the Agreement is so
terminated, the Contractor shall be liable for actual and consequential damages to the City. Any
such termination of a contract due to a violation of this section or the Certification Ordinance
may also, at the discretion of the City, constitute grounds for disqualifying Contractor from
submitting bids or proposals for future contracts with the City.
36. CITY EXECUTION OF AGREEMENT: This Agreement is expressly subject
to, and shall not be or become effective or binding on the City until it has been fully executed by
all signatories of the City and County of Denver.
37. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS:
Contractor consents to the use of electronic signatures by the City. The Agreement, and any
other documents requiring a signature hereunder, may be signed electronically by the City in the
manner specified by the City. The Parties agree not to deny the legal effect or enforceability of
the Agreement solely because it is in electronic form or because an electronic record was used in
its formation. The Parties agree not to object to the admissibility of the Agreement in the form
of an electronic record, or a paper copy of an electronic document, or a paper copy of a
document bearing an electronic signature, on the ground that it is an electronic record or
electronic signature or that it is not in its original form or is not an original.
38. COOPERATION ON CLAIMS: City agrees to cooperate with Contractor in
the id'vestigation and resolution of any claims brought against either of them arising out of this
agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Contract Control Number:
Contractor Name:
GENRL-201414653-00
Kone Inc.
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at
Denver, Colorado as of March 24, 2014.
K
oit �a�flAN
ATTEST:
JuA Guzman, Deputy Clerk&
Recorder
APPROVED AS TO FORM:
D. Scott Martinez, Attorney for the
City and County of Denver
M
Robert Wheeler, Assistant City
Attorney
CITY AND COUNTY OF DENVER
By i� A
IP ancock, Mayor
REGISTERED AND COUNTERSIGNED:
By L./ ��A7
Cary Kennedy, Man of Finance
\10I. _��/ __ pg = /�9�
Contract Control Number: GENRL-20141465MO
Contractor Name: Kone Inc.
By: _ �P .
Name:
(please print)
Jett BlUtii
Senior Vice Preeldont West Region
Title:
(please print)
ATTEST: ]if required]
A-
(please print)
Title:
(please print)
voh .--aha%_. t'g. _/ ��
To access Echibits for this oontrad, please use your login at www.usoommunitiesorg.
vol. _e�2 07-
DENVER
THE MILE HIGH CITY
Corey Imhoff
U.S. Communities
Re: Kone Contract
Mr. Imhoff,
General Services
Purchasing Division
201 W. Colfax Avenue, Dept. 304
Denver, CO 80202
P: 720.913.8100
F: 720.913.8101
www deuvergov_ore/ourchasine
Date: October 10, 2014
The intent of this letter is to provide clarification on the language that references a work/dollar limit in the
contract with Kone for Elevator Maintenance (GENRL-201414653-00).
Page 4, Section 6.D.1 states: "Notwithstanding any other provision of the Agreement, the City's
maximum payment obligation will not exceed Two Million Dollars and 00/100 (S2,000,000.00) (the
"Maximum Contract Amount").
This dollar amount reflects the estimated maximum spend for the City and County of Denver throughout
the duration of the contract. This dollar limit is specific to the City and County of Denver. For agencies
using this contract, their estimated maximum spend may differ and would govern.
Page 5, Section 6.E states: "Assigned Work Limit: The cost of Assigned Work on any single project shall
not exceed $400,000."
This dollar limit is specific to the City and County of Denver. For agencies using this contract, their
internal budgetary policies would govern.
Please contact me if you have any further questions.
Sin3ely,
Joe Sapo 'to
Senior Buyer
720-913-8118
iosep _rh.saporitona.denver og v.org
11
vol. �n 7 pq -172
for City Services
Denvergets it done! ._—
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PRODUCI'S& SOLUrtONS CONfl'RACT DOCUMENTS SHOP R
KONE Contract
Home > KONL> Kone Coal, arl
Elevator and Escalator Maintenance and Services
Lead Agency:
City and County of Denver, Colorado
Contract Number:
201414653
5 year contract term, April 1, 2014 - March 31, 2019
No renewal options.
Postings
Number of suppliers who responded to RFP: 2
Posting Information:
Date Posted:
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Contract Docu
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Contract Clart
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NFP OS72U
RFP 0572U Ad,
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REP Posting Dc
U.S. COMMUNITIES IES NATIONAL COOPERATIVE PURCHASING PROGRAM
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9/3/2015 4:40 PM
i�
VARIOUS PROJECTS FOR FY 2016
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 Contract No. 2016-61
Bryan, Texas 77803 Page 1 of 8 Pages
Telephone (979) 361-4294
GENERAL REQUIREMENT FOR CONTRACT
I,I'`�Nrf- Owe, as a duly authorized representative of 6(" erg n` .
"Contractor" willingly attest to perform (or deliver) as per Scopes of Work for eight (8)
projects also known as Exhibit "A" and Project Timeline also known as "Exhibit B" for Brazos
County. I further agree to all of the provisions and specifications contained in this contract.
PROJECTS TO BE COMPLETED BY CONTRACTOR
Proiect# 2016-061
Air Handler Replacement for Brazos County Detention Center
$308,894.00
Proiect 43016-062
AC Replacement for Juvenile Detention Center
$322,400.00
Proiect# 2016-063
Reinsulate Brazos County Courthouse Chillers
$ 15,370.00
Proiect # 2016-064
AC Control Upgrade for Brazos County Detention Center
$ 42,540.00
With alternate if needed ONLY
$ 8,100.00
Proiect# 2016-066
Preplacement of Boiler and Pumps for the Brazos Center
$115,200.00
Proiect # 2016-067
HVAC Control Replacement for the Juvenile Detention Center
$ 31,200.00
With alternate if needed ONLY
S 8,100.00
Project # 2016-068
Boiler Replacement for Brazos County Health Department
$ 38,300.00
Proiect# 2016-069
Boiler Replacement for the Brazos County Detention Center
$169,000.00
BONDING REQUIREMENTS
The Contractor will be required to bond each project individually. The successful bidder must provide to
the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of
each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be
executed by a corporate surety duly authorized and admitted to do business in the State of Texas and
licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS
COUNTY RESERVES THE RIGIIT TO ACCEPT OR REJECT ANY SURETY COMPANY
Fc)
. __� 7 Pg%
rQ Continuation Sheet Contract No. 2016-61
BRAZOS COUNTY, TEXAS Page 2 or 8 Pages
PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY
COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT
THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS
COUNTY.
PREVAILING WAGE RATES
The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government
Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit C
attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for
each worker employed for each calendar day or part of the day that the worker is paid less than the wage
rates stipulated on Exhibit C.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos
County. Binding agreements shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and (lie offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this bid. Certification of such coverage must be provided to Brazos County upon request,
Pg
\ F/c) 1 _� _: �7--- — -
IQ Continuation Sheet Contract N0.2016-61
ARAZOS COUNTY, TEXAS Page 3 of 8 Pages
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required,
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts or agreements or services applicable to such location,
the portion of this contract that applies to such locations is terminated. All remaining portions of the
contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such
termination of locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with Brazos County Auditor's office.
Failure to provide this information may result in a delay in payment and/or back-up withholding as
required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
vol. _� 7 py
I
IQ Continuation Sheet Contract No. 2016-61
BRAZOS COUNTY, TEXAS Page 4 of 8 Pages
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§ 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be famished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 er seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications mid it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
uoi. _a; 7 Pg. �7
IQ Continuation Sheet Contract No. 2016.61
BRAZOS COUNTY, TEXAS Page 5 of 8 Pages
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERtMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'SINSURANCE
The Contractor/Contractor, before starting work for Brazos County, must furnish Brazos County a
Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies
with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to
write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011) Waiver of subrogation is required.
(2) Commercial General Liability, Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required, No claims made policies are acceptable without
prior approval by the Commissioners CourURisk Management
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
Waiver of subrogation is required.
The Certificate of Insurance furnisbed to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
vol. --a-� � - P9, i 9��
IQ Continuation Sheet Contract No. 2016.61
BRAZOS COUNTY, TEXAS Page 6 of 8 Pages
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGESJWAGES
Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for
wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
ASSIGNABILITY
This agreement may not be assigned without the prior written permission of Brazos County.
vol. <2oz%_._-pg, /�/��
IQ Continuation Sheet Cootraet No. 2016-61
BRAZOS COUNTY, TEXAS Page 7 of 8 Pages
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
Agreement and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this Agreement shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between Brazos County and the
Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shalt provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees, from all suits, actions, or claims of any character, name and description iricluding attoriiey's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
[vol.;7 pq—�a0
IQ Continuation Sheet Contract No. 201(-61
BRAZOS COUNTY, TEXAS Page 8 of 8 Pages
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other roposer prior to the official opening of this proposal. The signatory also
agrees to all provisions specifications of this contract. p
Signed By: r, Title:
Typed Name: AiLILP7n
Company Name: Cal VE �9 enfi7 Phone No. _=/3 -5-Y`--(y711
Email Address:
Mailing Address: )13955 i.iJf$OI'k- Dr- us -a o -f?
P. O. Box or Street City State zip
Employer Identification Number:
Social Security Number:
Approd by CI ommissioit 's C�lrt rt er is day of 2015 by
to mg the position of
F—voi- T--zT oq�� -
elle �tiX�1��� fA
a CONVERGENT7-
Making Buildings Smarter
10555 Westpark Drive, Houston, Tx 77042 • Phone: (713) 267-5790 • Far. (713) 266-7011
Quotation Number. TCPN - 01-10238-15-001 Date: March 9, 2015
To: Brazos County
Attn: Mr. Ernest Stutts
RE: Detention Center AHU Change Out
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install new Air Handling Units
Pricing:
Scope of work:
• Demo and haul -off (7) Carrier Air Handling Units (AHU's) and associated chilled and hot water
piping
• Provide and install (7) Trane AHU's and re-route chilled and hot water piping from existing
isolation valves
• Chilled and hot water piping to be insulated in fiberglass insulation
• Replace supply and return duct work connections on (7) AHU's
• Disconnect and extend electrical to accommodate (7) AHU's
• Replace (7) electrical switches and mount on new Trane AHU's
• AHU #8 to be removed from ceiling and placed on ground near existing boiler
• Pour (1) new concrete pad for AHU #8
• Provide lifting, rigging, and hoisting of equipment and material
• Work to be performed during normal business hours
• Permit fees are included
Exclusions:
• Sales tax
• Overtime
• Temporary cooling and or heating
• Concrete work unless noted above
• Controls and or building automation
Base Price.................................................................... $296.894.00 Dollars (Tax Exempt)
(Two Hundred Ninety Six Thousand Eight Hundred Ninety Four Dollars)
Performance and Payment Bond:
Price............................................................................. $12.000.00 Dollars (Tax Exempt)
(Twelve Thousand Dollars)
The above price does not include sales tax. Taxes will be billed in addition at the time of job completion unless Convergentz is
furnished a Tax Exemption Certificate
%% 30%, g��, 00
Eol
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_ _ _J
CONMERGENTZ`'
Making Buildings Smarter
Standard Exceptions:
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is firm for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduron(a)convercentz.com
The proposal and the terms and conditions contained herein are accepted
and Convergentz is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.O. Number:
Fo_�a_,_ �, —
Pnoe 2 of 3 � `� �
Terms and Conditions of Sale
Acceptance: A proposal made upon these lams is subject to acceptance within thirty days
from date and the prices are subject to change without notice prior to acceptance by Customer
Any rebate Irom Center Paint Energy has been accounted for in the price of this proposal;
therefore, Convergentz will retain any robots funds. If your order is m accapti me of a written
proposal, on a form provided by Convergentz, without Ne addition of any other terms and
conditions of sale or any other modification, This document shall be Varied solely as an
acknowledgment of such order, subject to credit approval. It your order is not such an
ecceplence. then Nis document Is Convergentz' offer, subject to credit approval, to provide Ne
goods armor Work solely in monedenco with the following terms and conditions of sale
Exclusions From Work: Comeargonlz' obligation is limited to the Work as dented and does
not include any modifications to the Promises under the Americans With Disabilities Act or any
other law or building code(s).
Construction Procedures:
Convergentz shad supervise and direct the Work using its best skill and attention and have
exclusive control over construction means, methods, techniques, sequences and procedures.
Payment Terms: Customer shall pay Convergentz' invoices within not thirty, (30) days of
invoice dale. Convergentz may invoice Customer for all equipment or material fuodshad,
whether activated to the instadetian site or to an off-site storage factlity and for all wont
performed ormaiter or off-site. No retention shall be winheld main any payments except as
expressly agreed in writing by Convergent,, in which case retention shall be reduced per the
contract documents and released no later than the date of substantial completion. If payment is
dl received as required hereby, Convergentz may suspend performance antl the tare for
completion shall to extended for a reasonable period of time not less Man rte penad of
suspension. Customer shall be liable to Convergent, for all reasonable spatial standby and
startup costs as a result of rte suspension. All amounts outstanding 10 days beyond the due
data are subject to a service charge not to exceed 1.5% of the principal amount due or the
maximum allowable legal rdaresl rate, retroactive to rte duo data. Customer shall pay all casts
(inducing attorneys' fees) incurred by Convergent, in attempting to collect amounts due and
otherwise enforcing nese tads and conditions.
Time For Completion: Except to the extent otherwise expressly agreed in writing signed by an
authorized representative of Convergent,, all dates provided by Convergent, or its
representatives for commencement, progress or completion aro estimates only, Milo
Convergent, shall use commercially reasonable agents to meet such estimated does,
Convergent, shall rot be responsible for any damages for its failure to do so.
Access: Convergentz and its contractors or subcontractors shall be provided access to the
Promises during highs, business hours, or such other hours as may be requested by
Convergentz and acceptable to rte Premises' owner or tenant for the performance of the Work,
including sufficient areas for staging, mobilization, and storage. CIXoverCellh' access to rorred
any emergenry condition grad net be restricted.
Peron, And Governmental Fees: Convergent, shall secure (with Customers weeglance)
and pay for building and other permits and governmental fees, licenses, and inspections neces-
sary for proper performance and completion of rte Work, which are legally required when bids
from Convergentz' subcontractors are received, negotiations thereon concluded, or the effective
data of o relevant Change Order, whichever is latae Customer is responsible for necessary
approvals, easements, assessments and charges for construction, use or occupancy of
permanent sVudures or for permanent changes to refining facilities.
Utilities During Construction: Convergentz shall be proaded without charge all water, heal,
and utilities during performance of the Work
Concealed Or Unknown Conditions: In the performance of the Work, if Convergentz
encounters conditions at the Premises that are (i) subsurface or otherwise concealed physical
conditions that differ materis'ly from nose indicated on drawings expressly incorporated herein
or (it) unknown physical condAions of an unusual nature final dotter matonally from those
conditions ordinarily found to exist and generally recognized az inherent In conamectim
activities of the type and character as Ne Work, Convergentz shall notify Customer of such
conditions promptly, prior to significantly disturbing the same. It such conditions differ materially
and cause an revelear r in Convergentz' cost of, or time required for, performance of any pad of
Me Work Convergentz shall be ani to, and Customer shall consent by Change Order to, an
equitable dependent in the Centrad Price, contract note, or both.
My loss contributed to, or aggravated by dual mold, fungus, wet or dry rot and any resulring is
always excluded under this contract howevercaused.
Asbestos And Hazardous Materials: Convergentz' Work and other services in connection
with this Agreement expressly excludes any identification, abatement, cleanup, control,
disposal, removal or other work connected with asbestos, polychloriruted biphenyl ('POB'), or
other hazardous materials Marginatter, collectively,'Hazrmous Materials'). Customer warrants
and represents tial, oxci t as set forth in a writing signed by Convergent,, more are no
Hazardous Materials on the Premises that will in any way affect Convorgootz' Work and
Customer has disclosed to Canvergemz the existence antl locution of any Hazardous Materiels
in all areas within whips Convergen , vel be performing the Work Should Convergentz
become aware of or suspect the p,ase. of Hazardous Materials, Convergentz may
Immediately stop work in to affected area and shall notify Customer. Customer will be
responsible for till any and all splen necessary to correct rte condition in accordance with
all applicable laws and regulations. Customer shall be exclusively responsible for any claims,
including the payment thereof arising out of or relating to any Hazardous Materials on or about
Me Premises, cit brought onto the Premises by Comeargenti Convergentz shall to required to
resume performance of the Work in the agecteC area only In the absence of Hazardous
Materials in when to affected area has been rendered handless. In no event shall
Convergentz be obligated to transport or handle Hazardous Material, to provide any notices to
any governmental agency, or to examine rte Premises for no presence of Hazardous
Materials,
Conditions Beyond Control Of Padres: It Comeargent, shall be unable to party out any
material obligation under this Agreement due to events beyond Its control, such as acts of God,
governmental or judicial authority, insurrections, riots, labor disputes, labor or material
shortages, fres, or explosions, We Agreement shall at Convergentz' oloctim (I) remain in effect
but Convergentz' obligagom shed be suspended until Ne undersellabla event laminates; or III
be terminal upon len (10) days notice to Customer, in which event Customer shall pay
Converges¢ for all pats of the Wok furnished to the date of termination. Any loss derestng
Page 3 of 3
of caused by, contributed to, or aggravated by rust, mold, fungus, wet or dry rot, and any
resulting toss In always excluded under this contract however caused.
Counci is Breach. Each of the following events m conditions shall conslilule a branch by
Customer and shall give Convergent, the right without an eluclien of remedies, to terminate
this Agreement by delivery of written notice declaring termination, upon which event Customer
shall be liable to Convergentz for all Work fum¢hed to date and all damages su muried by
Convergent (including lost profit and overhead): (1) My failure by Customer to pay amounts
due more Nan thirty (30) days after the date of Ne invoice therefore, on (2) My failure by
Customer to perform or comply with any malarial provision of Nis Agreement,
Indemnification. Canvergoolz and Customer shall indemnify, defend and hold each other
harmless from any and all claims, actions, rusts, expenses, damages and liabilities, Including
reasonable attorneys' fees, resulting from death or bodily injury w damage to real or personal
properly, to the extent used by Ne regligerce or responded of Main respective employees or
other authorized agents in connection win their activities within Ne scope of this Agreement.
However, neither party shall indemnify the other against claims, damages, expanses or
liabilities to the extent attributable to rte negligence or misconduct of %a other party ff the
parties are both at (dull, the obligation to iMomnify shall be propermonal to their relative fault
The duly to indemnity will continue in full force and effect, notwithstanding the expiration or
early teminal hereof, with respect to any claims based on facts w conditions that occurred
prior to expiration or lamination. Notwithstanding any contrary provision, diner party shall be
liable to the other for any special, incidental, consequential or punitive damages.
Workmanship and Equipment Warranty. Convergentz warrants the, fcr a period of one year
from rte date of substantial complained (Isle 'Warranty Penod'), Convergent, equipment
inletted hereunder and Work (i) shall be hes from detects in material, manufacture. End
workmanship and tell shall have the rapadties and ratings sot forth in Convergent,' catalogs
and hollows; substantial completion shall be On minim of the data that the Work is sufficiently
complete so net Customer con utilize the Work for its intended use or Ne date that Customer
receives bedficial use of the Work For Convergeraz equipment not nstatled by Convergence
ME Warranty Podod is rte lesser of 12 months from initial weave ar 19 months from be data
of shipment. If such defect is discovered winin the Womanly Period, Convergentz will correct
the defect or furnish replacement equipment (or, at its option, pads therefore) and, ff said
equipment was Installed pursuant hereto, labor associated win the replacement of pads or
equipment not conforming to ME warranty. No liability whatever shall attach to Convergent,
unlit said equipment and Work have been paid for in full and nen said liability shall be limited to
Convergentz' cost m demand the defective Work impact the purchase price of rte equipment
shown to he deportee. Equipment armor pads net are not manufactured by Com eyentz are
riot warranted by Convergentz and have such warranties as may be extended by the respective
manufacturer. Convergen'a' warranties expressly include any remedy for damage or defect
caused by corrosion, erosion, or deterioration, douse, madlfiratbns or repairs not performed by
Convergent,, improper operation, or normal wear antl fear under normal usage. Convorgenlz
shall cit be obligated to pay for the cost of last mfngerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment Customer may not assign, finger, or convey this Agreement, in any part hereof,
or its right title or interest herein, without the written consent of Convergentz Subject to the
foregoing. this Agreement shall be binding upon and inure to rte benefit of Customers
successors and assigns,
Complete Agreement. This Agreement shall constitute the enure Agreement between both
parties and Ibis Agreement may cit be amended, modified or terminated except by a writing
signed by rte panes hereto. No documents shalt W Incorporated herein by formal except
to the extent Convergent is a signatory thereon.
E01a:;--, Pg._� o rf_
aolU-tp2
CONMERGENTZ"
Making Buildings Smarter
10555 Westpac Drive, Houston, TX 77042 • Phone: (713) 267-5790 ♦ Fax: (713) 266-7011
Quotation Number: TCPN# 01-10238-14-003 Date: March 21, 2014 Revised March 10, 2015
Brazos County— Replace (17) RTUs
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install Web based DDC controls.
Pricin :
BASE — Replace 07) Existing Trane RTUs:
• Supply labor and material to perform the following
• Remove and dispose of per EPA requirements (17) RTUs
• Install 17 new curb adaptors as required
• Provide and install (17) new Trane RTUs with LON cards
• Provide necessary extension of all electrical to units as required
• Provide start up on all units on factory start up sheets
• Pull in to existing control system and verify programming and graphics
• Excludes RTUs 9,13,14, and 19
*Notes and Clarification:
• Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hour
Base Price................................................................... $310.000.00 Dollars (Tax Exempt)
(Three Hundred Ten Thousand Dollars and 00 Cents)
Performance and Payment Bond:
Price............................................................................. $12,400.00 Dollars (Tax Exempt)
(Twelve Thousand Four Hundred Dollars)
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduron0convergentz.com
vol.
t 3aLq"Loo-00
The proposal and the terms and conditions contained herein are accepted
and Convergen(z is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.Number:
Terms and Conditions of Sale
Acceptance: A proposal made upon Mesa terms is subject to acceptance within Wry days
from date and Ne prices are subject to change without noted prior to acceptance by CustotWr
Any rebate from Center Point Energy has been accounted for In Me once of this proposal:
therefore, CMwrgembe will retain any rebate funds, If your criteria an acceptance of a written
proposal, on a farm provided by Convergent, wiNout the addition of any other tens and
Wedllore of sale or any other modification. one document shall be treated seely as an
acknoxledgmere of such order, subject to aeon approval. It your order is not such an
acceptance, then this document Is Convergentz' atter, subject to bedm approval, to provide the
goods ander Work solely in accordance with Me following terns and candimns of said
Exclusions From Work: Convergent' obligation is limited to the Work as defined and does
not include any modifeadcns to Me Premises under the Americans With Onabttises Act or any
other law or building codda).
Construction Procedures:
Convergent shag supervise and direct the WON using Is best still and Menton and have
exclusive criminal over constitution means, methods, techniques, sequences and procedures.
Payment Terms: Customer shall Pay Convergent,' unakes sn"a net they (30) days of
imroice date. Convergent may ilrvaca Customer for ell equiprneM Or material smashed,
whether delivered to the installation site or to an off-site storage ladlty and for of wort,
performed on-site or off-site. No retention shall he withheld from any payments except as
expressly agreed in writing by Convergent, In which case mention shell be reduced pe, Me
contract downwards and released no later men the dale of substantial completion. If payment Is
not received as required hereby, Convergent, may suspend performance and We time for
completion shall to extended for a reasonable pared Of time not less Man Me pend of
suspension. CusNmer ahal be liable to Convergent for all reasonable shutdown, standby and
startup costs as a result of Me suspension. NI amounts ouselanirg 10 days beyond Me duo
dale am subject to a abandon, charge not to exceed 1.5% of Me principal amount due or the
eapmam allowable ICASI Interest date, retroactive to Me due date. Customer shall pay all casts
(indudrng amomeys' fees) incurred by Cmvergemz in attempting to waled amounts due and
olhervAse enterang Mese team and conditions.
nine For Compel Except to Me extent otherwise expressly agreed In willing signed by an
authadzed representative of Convergent,, all dates amiial by Convergent at ids
representatives It, commencement, progress or completed are estrul only. While
Convergent shall use cons ¢malty reasonable elfens to meed such estimated dates,
Convergent shan rat be responsible far any damages for its failure, W do so.
Access: Convergent, and Its contractors or subcontractors shalt be provided access to rho
Prearses during fall business hours, or such other hours as may be requested by
Convergent, add acceplele to We Premises' comer or tenant for Me performance of Me Work
Intludlrg sufficient areas far singing mollizatan, and stoage. Convergent' access to correct
any emeryenry deal shall not ON restricted.
Permits And Governmental Fees: Convergent shall secure (with Cusdome(s assistance)
and pay for builcing and other oemas and govemaenWl fees, litmus, and inspectors needs.
sary Ica proper performance and completion of Me Mmi wi let are legally motored when bids
from Convergent' subcontractors are received, negotatfOns Woman concluded, or the eeeNve
date of a mevant Change Order, whichever is later. Customer is responsible far necessary
approvals, easements, assessments and charges for construction, use or eoodpenry of
peamddern structures Or for permanent change, to Mdsbng ladfites.
Utilities Outing Construction: Convergent shall be provided ui l charge all water, heat,
and Writes during betterments of be Work
Comeated Or Unknown Conditions: In Me peffarmanco of the Wore If Convergenta
encounters conations at Me Premises that are (r) subsurface or Nnerwise concealed physical
Smal ns that differ materially from Mose Indicated M drawings expresslyincorporated herein
or (it) uco
unknown physical nditiens of an unusual nature Mat Miller materially from Mose
conditions eminently found b exist and generally recognized as inherent In WIISImceM
activities of We type and character as Me wad, Convergent shell notify Cuslemer of such
conditions Jammp9y, prior to significantly assuming Me same, It such cantons differ materially
and cause an increase In Convergent cast of, or time required for, performance of any pan of
Me WON, Convergent shall be angled to, and Customer shall consent by Change Order to, an
equitable adjustment in Me Contract Price, contract time, or both.
Any lass conmbNed to, or aggravated by vel, mid, fungus, wet or dry rot and any resulting Is
always excluded under this contract however caused,
Asbestos And Hazardous Materials: Convergent' Worl and Other services in connected
wain MIS Agreement expressly excludes any identification, abatement, deamup, col
disposal, removal a other work connected with asbestos, polychlodnated 1phend ('PCS'), or
tither hazardous materials Merelnaaer, cellechiet'Hazerdous Materials). Customer warrants
and represents Vat except as $et IoM In a whirs signed by Conwrgena, mere are m
Hazardous Materials on Me Promises Mat will in any way area Convmsentz' WON ant
Customer has disclosed to ConvMrnt Me existence and location of any Hazardous Materiels
n al areas wiMln which Convergent will be performing We Work. Should Comergenlz
became aware of or suspect Me preaenro d Hozordws Mamas, Convergent may
Immediaaly stop wON in the affeNed area and shall notify, Custcmer. Customer wa be
responsible tar laking any and all action necessary W commit me carton in accordance WM
all applicable laws and fegumbi Customer shell be exclusively responsile for any claims,
Including the payment memol, areal out of or rotating to any Hazardous Materials on or about
Me Premrms, not brought onto as Premises by Convergent. Convergent shall be required to
resume performance of On WON In me .Medea area Mly In me absence of Hazardous
Materials or when me effected area has been rendered haaress. In no event shall
Convergent be obligated to moral or handle Hazardous Malarial, to provide any natces to
any governmental agency, or to examine Me Premises for We presence of Hazardous
Maanla.
Conditions Beyond Control Of Part If Convergent shall be unable to carry out any
mitral obligation under MIs Agreement duo to events beyond Its consul, such os so%d God,
govemhMntal or judicial euthOny. Insurrections, ra, labor disputes, labor or =tens
aromatics, fires, or ex,plosians, Vis Agreement anal at Convergent' lemon (1) remain in effect
but Convergent' obligations shat be suspended until the uncontrollable event terminates: or (it)
be temnthaletl upon len (10) days notice to Customer, In which event Customer shall pay
Convergent for all pans of Me Work smismal to the date of termJnation. My lass consisting
Page 2 of 2
at caused by. Nonmedical b, or aggravated by lust mold, fungus, wet or dry rot, an any
resulling loss Malways excluded under this cinVact however caused,
Cmtambes Breach. Each of Me fallowing events or conditions shag Initial a breach by
Custamcr and shell give Convergent Me right without an election of remedies, to tearra:e
this Agreement by Well of whiled matte derdaring Ibminaton, upon which even) Customer
shall be liable to Convergent for all War, hmJshed to date and at damages sustained by
Convergent (including lost profit and overhead); (1) My failure by Custmearto pay amounts
due mare than thirty (30) days alter Me date of Me invited Meremm; b (2) My fall by
Customer a perform or comply with any material provision of this Agreement
Indemnification, Convergent and Customer shall Indemnity, defend and hold each Omer
harmless from any and all dalms, Sellers, costs, expenses, damages and liabilities, Including
reasonable atamayc' fees, resulting from death or bodily Injury, or damage to real or perWnel
property, to Me extent caused by Me negligence or msconduct of Meir respective employees tar
Omer authorized agents in connection with Moir Studies within the scope of Mis Agreement.
However, neither pony shall Indemnify Me other against tlalms, damages, expenses or
liabilities to Me extent attributable to Me negligence w misconduct of Me other part'. If Me
panties aro aalh at fault, Me obligation to lateral shag W proportional to Meir heative fault
The duly to indemnity wi l common in 611 farce and effect notwithstanding the ex,fl ated or
early Oral hereof, with respect to any tlalms based an facts or conditions that occurred
prior to expiration or terminaGan. Notwithstanding any contrary traveled, neither party shall be
male to the Oliver for any special, Mddenlal, consequenmal or punitive damages.
Workmanship and Equipment Warranty. Convergent warrants Mat, for a period of me year
from Me date of substantia completion (Me 'Warranty Judi Convergent equipment
Installed hereunder and Work (r) shall be free from defects 10 material, manufacture, and
warknanshO and (ti) shall have Me capdties and ratings set font In Comergentz' catalogs
and bNletns; subsumed admitted fitted shall be Me earlier of Me data Mat Me WON le suRdenfly
complete so that Outlander can utilize the WON for its intended use or the date that Customer
receives beneficial use of the Wet. For Convergent equipment not Installed by Cmwrgentz,
Me Warranty Posted is the lesser of 12 momma from inSal startup or 18 momma from me date
of shipment. It such defect is ascovared within Me Warranty Period, Cmwrgentz will cored
Me defect or ormsh reptacemenl equipment (Or, at i6 option, parts Neaten) and. is sad
equipment was installed pursuant hereto, labor associated with the replacement of parts or
equipment net confomling to Mis warranty. No liability whatever shall attach to Convergent,
Off said egUpment and Nyorx have been paid for in full and then said liability sham be limited to
Convergenta' cast W correct We defective Work snorer Me purchase price of Me equipment
shown to be defective. Equipment andlor parts Mal am not manufactured by Convergent are
not warranted by Convergent and have such warrant as as may be extended by Me respective
manOmblumn. Convergenta' warranties expressly excludo any remedy for damage or defect
caused by cormaM, ear ... a, b detonation, abuse, modifications b reports not permed by
Convergent, Improper opeaticn, or normal wear and law under named usage. Cornwall
shall Trot be Obligated to pay for the cast Of last ministrant
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may not assign, Vansler, tar convey this Agreement, Or any part hereof
or its right, Oma or Interest herein, without Me waited consent Of Ccnwrgerdt. Subject to Me
foregoing, Nis Agreement shall be Uniting upon and inure to to benefit of Customers
successes and assigns.
Complete Agrmmenb This Agreement shall Stratum me entre Agreement between both
partes and this Agreement may not en, amended, mo ffe l w terminated except by a writing
Signed by Me ponies hereto. No docul is shall be incorporated herein by reference except
to Me extent Convergent Is a signatory Woman,
pg.-- G> G
CONVERGENTZ"
Making Buildings Smarter
10555 Westpark Onve, Houston, TX 77042 • Phone: (713) 267-5790 • Fae (713) 266-7011
Quotation Number: TCPN# 01-10238-15-013 Date: September 9, 2015
Brazos County — Courthouse
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install chiller insulation at courthouse
Pricin
• Strip existing insulation from each chiller
• Wire brush rust
• Reinsulate all cold surfaces with 1" Armaflex
• Remove all insulation debris from jobsite
*Notes and Clarification:
I.P. drops will be provided to Convergentz at no additional cost and location will be
coordinated with Convergentz
➢ 120VAC will be provided by electrical contractor and is not provided as part of this
proposal
➢ Fire / fire -smoke/ control dampers and smoke detectors, including associated wiring, are
not included unless otherwise detailed within proposal
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hours
➢ Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT
conduit will be used in exposed areas.
Base Price...................................................................... $14.770.00 Dollars (tax exempt)
(Fourteen Thousand Seven Hundred Seventy Dollars and 00 Cents)
Performance Bond:
Price............................................................................. $600.00 Dollars (Tax Exempt)
(Six Hundred Dollars and 00 Cents)
Page 1 of GAOL. _�
CONMERGENTZ"
Making Buildings Smarter
Standard Exceptions:
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is firm for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail:iduron anconveraentz.com
The proposal and the terms and conditions contained herein are accepted
and Convergentr is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.O. Number.
Page 2of3 F
�--. PG.oZD
Terms and Conditions of Sale
Acceptance: A proposal made upon Nese terms is subject to acceptance within thirty days
From date and the press are subject to Change without notice prior m acceptance by Customer
Any rebate from Center Point Energy has been accounted for in the price of this proposal;
therefore, Convergent will retain any rebate funds. It your ander is an acceplance of a warted
proposal, on a form provided by Convergentz, without me addition of any other terns and
conditions of sale or any ewer madbasim., this document shall be treated solely as an
ackne*1edgmenl of such order, subject to credit appeval. If your order is not such an
acceptance, then this document is Converged¢' after, subject to credit approval, to provide me
arcade and/or WON sWNy In accordance with me fallowing terms and bandibans of sale
Exclusions From Work: Convergentzobligation is limited to me Max as coined and does
rat Include any modifiber ans to the Premises under the Americans With Catta dies Ad or any
other law or building occode).
Constmctle. Poe enclunch
Convergentz shall supervise and d''.red the WON using IIs best ski 11 and attention and have
sedative control ever consbudion means, methods, techniques, sequences and procedures.
Payment Tears: Customer shall pay Carivergei invoices within net thirty (30) clays of
invoice date. Convergent, may invoice Customer for all equipment or material fomishea,
whether delivered to to installation site or to an oft -site storage fadlity and for all work
perfumed omste or o&site. No retention shall be withheld farm any payments except as
expressly agreed in will by Convergentz, In which case fashion shall be reduced per to
contract documents and released no later man the date of substantial completion. If payment is
not received as required hereby, Convergent may suspend performance and me fire for
completion shall be extended far a reasonable period of care not less man me berod of
suspension. Customer shall be liable to Convergent trail reasonable natal standby and
startup costs as a result Of me suspension, All amounts outstanding 10 days beyond me clue
date are subject to a service charge not to exceed 1.5% of the principal amount due Or me
maximum allowable legal interest rate, retroactive to me clue date. Customer shall pay all mats
(raking attorneys' fees) incurred by Convergentz in attempting to collect amounts due and
otherwise ant omng mese terms and conditions.
Time For Completion: Except to the extent otherwise eviancy agreed in waling signed by an
authorized reposentafve of Canvergernz, all dates provided by Convergent, or its
representatives for cammencemenl, progress or cengichan ane estimates only. While
Convergent, shall asp earmendally reasonable efforts la meet rash estmated dates,
Convergent shall not be responsible for any damages for Its failure to do so.
Access: Convergent and its contractors or subcanttradors shall be provided access to me
Premises during regular bust notes hours, or such other hours as may be requested by
Convergentz and scalpel to the Premises' owner or tenant for the performance of the Work,
actuaing sdudent areas for staging, metallization, and storage. Convergent' access to carred
any emergency coneidon shall net be resNded.
Permlts And Govemdiental Fees: Convergentz shall secure arm Customers assistance)
and pay for building and other Peamits and govemrrtental fees, lic,mes, and inspections neces-
sary for proper performance and completion of me Work, which are legally required when bids
Ford Convergentz' sucea nuadors era received, negotiations thereon contluddd, be the effective
date of a relevant Change Order, whichever is later. Customer Is responsible far necessary
approvals, easements, assessments and Charges far Fenestrated, use or occal d
permanent structures or for permanent changes to recall facitises,
Utilities Outing Coastmctiam Convergentz shall be provided without charge all water, heat,
and mines during pemrmanm of me Work.
Concealed Or Unknovm Conditions: In to performance of the Won. If Convergence
encounters conditions at me Premises that are (i) subsurface or otherwise concealed physical
mndiflans that differ materially from mase indicated an dre ve, expressly reoryorated herein
or (h) unknown physical conditions of an unusual nature that dlffw materially from those
conditions ordtrlenly found to exist and generally recognized as inherent In construction
advice of the type and orchader as the Work, Convergentz shall noufy Customer of such
bandanna preffil prior to significantly starting Me same. if such conditions differ materially
and cause an Increase In Convergentz' cost of or time requ red for, performance of any part of
me Work, Convergent, shell be enticed to, and Customer shall consent by Charge Order In, an
equitable adjustment In the Contrail Prue, contract fire, or both.
Any loss canNbNed to, or aggravated by rel mold, fungus, wet or dry not and any resulting is
always excluded untler mil contact ical caused.
Asbestos And Hazardous Matdiall Convergent' Work and other semoos In dearecuon
with Nis Agreement expressly exdudes any identification, abatement, amarcup, control,
disposal, removal ar rimer wade connected with asbestos, pOlyert rinated biphenyl ('PCB'), or
timer hazardous materials firchanafteq Wisavely,'Hazardous Mandals'). Customer warrants
and represents mat, except as set form in a writing signed by Convergentz, there are no
Hazardous Materials on the Premises mat will in any way branch Canvergenlz' Wall and
Customer has disclosetl to Convergentz me ehaelence and mandon of any Hazardous Materials
in all areas within whidh Converges¢ will be performing me Worn. Should Convergent
become aware cf or susped me presence of Hamraous Mateaale Convergert may
immediately slap work In me needed area and shall notify Cusomer. Customer, will be
responsible for tem, any and all action necessary to Carred the condition in accordance with
all applicable laws and regulations. Customer shall be exclusively responsible far any claims,
including me payment Moment. ars ing out of or reladmig to any Hazardous Materials on or about
the Premises, not drought onto me Premises by Cmvergenlz. Convergentz shall be required to
resume performance of me Work in the affected area only in the absence of Houbaboub
Muddle Or when me aaetled area has been rendered hemgass. In no event shall
Convergentz be obligmed to transport or handle Hazardous Material, to provide any notices to
any governmental agency, or to examine the Premises for the presence of Hazardous
Materials.
Conditions Beyond Coal M Parl If Convergentz shall be unable to camp out any
anterial obligation under this Agreement due to events beyond Its mord, such as acts of God,
governors l ar judabf authrty, fnsumections, dots, labor disputes, labor or material
shortages, fires, or exploslone, she Agreement shall at Convergal bill (1) remain in effect
but Convergentz' obligations shall be suspended until me undersellade event Indicates: or (it)
be terminated upon ten ji0) clays anice 10 Cattlemen, in "I& event Customer shell pay
Comeragent for all pads of me Work Famishetl to the date of termination, Any loss consisting
Page 3 of 3
cf, caused by, contributed to, or aggravated by rust, mold, fungus, wet or dry rot, and any
resci lass in always a saradd adaw this contract, however caused.
Custodians Breach. Each of me following events or conditions shall constitute a breach by
Customer and shall give Convergentz me right without an emanon of remedies, to terminate
this Agreement by delivery of *risen notice dedaring terminal upon which event Customer
shall be liable to Convergentz for all Well furnished to date and all damages sustained by
Convergentz (including lost profit and overhead): (1) Any failure by Customer to pay amounts
due mom than thirty (30) days after the date Onthe invdCe therefore; Or (2) Any Iceland by
Customer to perform or comply arm any material provision of this Agreement.
Indemnification. Convergentz and Customer shall indemnity, defend and hold each other
harmless From any and all claims, actions, cosh, expenses, damages and tactics, Including
reasonable attorneys' fees, resulting tram death or dearly injury or damage to real or personal
protect. to the extent caused by the negligence or misconduct of their respective employees a
other authorized agents in connection with their acdviees wain me scope at this Agreement.
Hevener, neither party shall lateral the other against claims, damages, expenses or
liataides to me extent unalterable to me negligence or misconduct of me other party. If be
parties are bot, at fault, the obligation to Indemnify shall be proportional to Nair relative fault
The duly to Indemnify will continue in full farce and effect. natwigntandlrg the expiration or
early termination heart. with respell to any claims based on facts or con litions that acquired
prior to expiration or lamination. Notwithstanding any contrary provision, neither party shall be
liable to the doctor any special, incidental, consequential or punitive damages.
Workmanship and Equipment Warranty. Convergent, warrants mal, for a period of one year
from me data of substantia' comptefan (the 'Warrant Period'), Convergent equipment
installed hereunder and Warn (I) shall be tee Icahn defects in material, manufacture, and
waNndara p and all shall have me cepadties and ratings set form in Convergent' cahlo,
and bullefire; substantial completion shall be me earlier of be date that the Wc* Is suffdendy
complete so that Customer can utilize the WON for its intended use or the date mal Customer
receives beneficial use of the We&. For Convergenim equipment not installed by Convergent,
Me Warranty Faced is me lesser of 12 months tom initial start-up or 19 months From me date
of shfpmanl. If auto detect is discovered Fitton Me Warranty Period, Convergence, and correct
Me defect or furores re laesment equipment (or, at Its Option, parts therefore) and, if said
equipment was installed pursuant hereto, labor associated aim to replacement of pads or
equipment not canfonning to Nis warranty No liability whatever shall anaw to Convergent,
until said equipment and Ware have been paid for in full and men said liability shall be limited to
Convergent,' cast to correct me defective Work aralor me purchase pace of me equipment
shown to be defective. Equipment Manor parts that are not manufactured by Convergentz are
not warrented by Convergentz and have such warranties as may be extended by 0e respective
manufactures Convergent,' wamardes expressly exclude any remedy for damage or defect
caused by commod, erasion, or deteaaatiao, abuse, rembashons Or repairs not performed by
Convergent, Improper operated, or normal wear and tear under normal usage. Convergent
shell net be obligated to pay for the cost of lost mar geranl
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. in
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may not assign, danger. at convey this Agreement or any pad "feet.
or its right, sue or interest herein, without the ""on consent of Convergentz. subject to me
foregoing, this Agreement shall be binding upon and inure to me benefit of Customers
successors and assigns.
Complete Agreement. This Agreement shall mandate me entre Agreement between bot
pates and this Agreement may not be amended, moeified a terminated except by a wfiing
signed by the games hereto. No comments Shall be incorporated herein by reference except
to Me extent Convergentz is a s cr amry thereon.
Vol_ __9U-7-- P9---b7--!5-1
9e_-b7— 091
x016- bq CONVERGENTZ"
Making Buildings Smarter
10555 Westpark Drive, Houston, Tx 77042 • Phone: (713) 267-5790 • Fax: (713) 266-7011
Quotation Number: TCPN 01-10238-15-002 Date: March 9, 2015
To: Brazos County
Attn: Mr. Ernest Stutts
RE: Detention Center BAS Upgrade to Tridium
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install new open protocol Tridium BAS
• Provide on complete web based Tridium system with BACnet communication protocol
• Controls for (7) AHUs (new or existing)
• New zone sensors (7) for AHUs, Boiler, Trane Chiller, Miscellaneous Points
• Reuse existing wiring and valves
• Controls installation will be concurrent with AHU replacement project
General Inclusions:
• Floor Plan Graphics
• (4) Hours of On Site Training
• As -built Drawings and 0&M Manuals
Pricin
*Notes and Clarification:
➢ I.P. drops will be provided to Convergentz at no additional cost and location will be
coordinated with Convergentz
➢ 120VAC will be provided by electrical contractor and is not provided as part of this
proposal
➢ Fire / fire -smoke/ control dampers and smoke detectors, including associated wiring, are
not included unless otherwise detailed within proposal
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hours
Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT conduit
will be used in exposed areas
BasePrice.........................................................
(Forty Thousand Nine Hundred Dollars)
Payment Bond:
Price...................................................................
(One Thousand Six Hundred Forty Dollars)
......... $40.900.00 Dollars (Tax Exempt)
Aqa)5q
.......... $1.640.00 Dollars (Tax Exempt)
Alternate Price for communication loop if required ............. $8.100.00 Dollars (Tax Exempt)
(Eight Thousand One Hundred Dollars)
The above price does not Include sales tax. Taxes will be billed in addition at the time of job completion unless Convergentz is
furnished a Tax Exemption Certificate
aanc, „r, Vol. Pg,. 21a
CONMERGENTZ'
Making Buildings Smarter
Standard Exceptions:
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is firm for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduroneconveroentz.com
The proposal and the terms and conditions contained herein are accepted
and Convergentz is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.O. Number:
Vol. 0221_7 . Pg.
Pana 9 of Y
Terms and Conditions of Sale
Acceptance: A proposal made upon these, terms is subject to acceptance within thirty days
from date and the prices are subject to change without notice prior to acceptance by Customer
Any rebate from Center Point Energy has been accounted for in the once of this proposal;
Mention. Convergentz will retain any rebate funds, If your order is an acceptance of a written
proposal, on a fall provided by Cenvergenlz, without the addition of any other terns and
conditions of sale or any other modleal:on, this document shall be treated solely as an
acknowledgment of such order, subject to credit approval. If your order is net such an
acceptance, then his document is Convergerta' offer, subject to credit approval, to provide the
goods andlor Wan solely in accordance with to following terms and conditions of sale
Exclusions From Walk: Convergentzobligation Is limited to the Work as defined and does
not include any modifications to the Premises under the Americans Win Disabilities Act or any
Other law or builtl'ng double).
Construction Procedures:
Convergentz shall supervise and dred the Work using its best skill and attention and have
exclusive central over censtruil means, methods, techniques, sequences and procedures.
Payment Tortes: Customer shall pay Convergentz' invoices within rat thirty (30) days of
invoice date, Convergentz may invoice Customer for all equipment or material Icmished,
whether del:vered to the installation site or to an off-site storage facility and for all work
performed on-site or off-site. No retention shall be withheld Irani any payments except as
expressly agreed in writing by Convergentz, in which case retention shall be reduced per the
accused documents ant released no later than the date of substantial completion, If payment is
not received as required hereby, Convergent, may suspend performance and the time for
completion shall be reended for a reasonable parted of time not less than the period of
suspension. Customer shall be liable to Convergentz for all reasonable shutdown, standby and
start-up wets as a result of the suspension. All amountsoutst urmlo, 10 days beyond the due
date are subject to a service charge not to aimed 1.5% of the principal amount due or the
maximum allowable legal interest rate, retroactive to the due date. Customer shall pay all costs
(including alternate' fees) Incurred by Convergentz in attempting to collect amounts duo and
otherwise enforcing mese lesions and conditions.
Time For Completion: Except to Ne extent otherwise expressly agreed in writing signed by an
authorized representative of Convergent,, all dates provided by Carvergantz or its
representatives for commencement. Progress or completion are estimates only. Vdnile
Convergentz shall use commercially reasonable efforts to meet such estimated dales,
Convergentz shall not be responsible for airy damages for its failure to do so,
Access: Convergentz and its contractors or subcontractors shall be provided access to the
Premises during regular business hours, or such other hours as may be requested by
Convergentz and acceptable to Ne Premises' owner or enant for the pumrnance of Ne Work,
Including sufficient areas for staging, mobilization, and storage. Convergentz' access to select
any emergency condition shall not be restricted.
Permits And Governmental Fees: Convergentz shall secure (with Customer's assistance)
and pay for building and other permits and governmental fees, licenses, and inspections Oema-
sary for proper pertormanca and completion of Ne Work, which are legally required when bids
from Convergentz' subcontractors are received negotiations thereon concluded, or the effective
data of a relevant Change Order, whichever is leter Customer is responsible far necessary
approvals, easements, assessments and charges for construction, use or occupancy of
permanent structures or for permanent changes to existing facilities.
Utilities During Construction: Convergentz shall be provided without charge all water, heat,
and utilities during pedmmanm of Ne Work.
Concealed Or Unknown Conditions: In the performance of the Work, if Convergentz
encounters conditions at the Premises that are Ij subsurface or otherwise concealed physical
conditions Na: differ materially from [hose indicated on drawings expressly incorporated herein
or (ii) unknown physical conditions of an unusual nature that differ materially from [nose
conditions ordinarily found to exist and generally recognized as inherent In wnstmctien
activities of Vie type and character as the Work, Convergentz shall notify Customer of such
conditions promptly, prior to significantly disturbing he same. If such conditions differ materially
and cause an increase in Convergentz' wet of, er time required fen, performance of any pad of
the Work, Canvergentz shall be entlt(full acid Customer shall consent ley Charge Order to, an
equitable adjustment in the Contract Price, contract time,, or bath.
My loss contributed to, or aggravated by msl, mold, fungus, wet or dry rot and any resulting is
always excluded under this contract however caused.
Asbestos And Hazardous Materials: ConvergenlY Work and other se.vices in connection
with this Agreement expressly excludes any identification, abatement, cleanup, cenlrol,
disposal, removal or other work connected with asbestos, polyehlonnated biphenyl ('PCB'), or
a0•.er hazardous materials (hereinafter, collectively,'Hazardous Materials'). Customer warrants
and represents Nal, except as .1 forth in a vmiling signed by Convergentz, there ase he
Hazardous Materials on Ne Promises Out will in any way affect Convengen& Wont antl
Customer has disclosed to Convergentz Ne existence antl location of any Hazardous Malenals
in all areas within which Convergentz will be performing the Won. Should Convergentz
became aware of or suspect the presence of Hazardous Materials, Convergentz may
Immediately stop work in the affected area and shall notify Customer, Customer will be
responsible for taking any and all porch necessary to coned he condition in accordance with
all applicable laws and regulations . Customer shall be exclusively responsible for any claims,
ncluding the payment Hereof, arising out of or in laling to any Hazardous Materials on or about
the Premises, not brought onto the Premises by Convergentz. Convergentz shall be required to
resume padorzn. of the Work M the affected area ally in the absence of Hazartlous
Materials or when the affected area has been rendered harmless. In no event shall
Convergent, be obligated to transport or handle Hazardous Material, W provide any notices to
any governmental agency, or to examine the Premises for the presence of Hazardous
Materials.
Conditions Beyond Contrel Of Parties: If Convergentz shall be unable to corny out any
material obligation under Nis Agreement due to events beyond its control, such as ads of Gad,
governmental or judicial Suddenly, Insurrections, riots, labor disputes, labor or material
shortages, fires, or exploslons, his Agreement shall at Convergentz' election (1) remain in effect
but ConvergenlY obligations shag be s e,symded unM %. uncontrolioble anent terminates, or (ii)
be terminated upon len (10) days notice to Customer, in which event Customer shall pay
Convergentz for all ports of the Wwk fumiehed to the data of lacrimation. My lass consisting
Parc q of I
of, caused by, contributed W. or aggravated by must, mold, fungus, wet or dry rot, and any
resulting loss in always excluded under this contract, however caused.
Customer's Breach, Each of the following events or conditions shall conslitute a breach by
Customer and shall give Convergentz Ne right, without an election of remedies, to terminate
this Agreement by dolivery of written notice, declaring lerminalson, upon which event Customer
shall be liable to Convergentz far all Work famished to date and all damages sustained by
Convergentz (including lost profit and overhead): (1) Any failure by Customer to pay amounts
due more than thirty (30) days after the date of the invoice therefore; or (2) My failure by
Customer to perform OF comply wit any material provision of this Agreement.
Indemnification. Convergentz and Customer shall indemnify, defend and hold each other
harmless from any and all claims, actions, costs, expenses, damages and liabilities, inducing
reasonable attomoys' fees, resulting from death or bodily injury or tlamage to real or personal
property, W the extent caused by on negligence or misconduct of their respective employees or
other authorized agents in commiti with Nair activities wilh'n the snipe of this Agreement.
However, neither party shall indemnify the other against claims, damages, expenses or
liabilities to the extent attributable to the negligence or misconduct of the other party. If the
parties are bath at fault. Ne obligation to indemnify shall be proportional to their relative fault.
The duty to indemnify will continue in full force and affect, notwithstanding to expiration or
early termination hereof, with respect to any claims based on facts or conditions Nal occurred
prior to expiration or termination. Notwithstanding any contrary provision, neither pady shall be
liable to the other for any special, incidental. consequendal or punllive damages.
Workmanship and Equipment Warranty. Convergentz warrants that, fora period of one year
from @e date at substantial tempiabon (the'Wanany PerieB), Comerganiz equpment
installed hereunder and WOW (i) shall be free from domets in material, manufacture, and
workmanship and (ii) shall have the capaci ies and re[ngs set forth in Convergentz' catalogs
and bulletins; substantial completion shall be the earlier of Ne data that the Work is sufficiently
complete so Nat Customer can utilize the Work for its Intended use or he date Nat Customer
receives beneficial use of the Work. For Convergehta equipment not installed by Convergentz.
the Warranty Period is No lesser of 12 months from initial start-up or 10 months from the dale
of shipment. If such defect is discovered within the Warranty Period, Convergentz will comad
Ne tlefect or furnish replacement equipment (or, at its option, pads therefore) and, if said
equipment was installed pursuant hereto, labor associated wit the replacement of parts or
equipment not condensing to this warranty. No liability whatever shall attach to Convergentz
mlil said equipment and Work have been paid for in full and Nen said liability shall be limited to
Convergent' cost to correct the defective Work anther Ne purchase once of he equipment
shown to be defedivo. Equipment andlor parts that are not mamdactured by Convergentz are
not warranted by Convergentz and have such warranties as may be extended by the respective
manufacturer Convergentz' warranties expressly exclude any remedy for damage or defect
caused by corrosion, erosion, or deterioration, abuse, modifications or repaim not performed by
Convergentz, Improper operation, or normal wear and tear under normal usage. Convergentz
shall not be obligated to pay for the cast of lost refrigerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment Customer may not assign, transfer, or convey this Agreement, or any part hereof,
or its right, titre or interest herein, without the written consent of Convergentz Subject to the
foregoing, Nls Agreement shall be binding upon and inure to Ne benefit of Customers
successors and assigns.
Complete Agreement This Agreement shall ConstlWte the entre Agreci between both
Parties and his Agreement may not be amended, modified or terminated except by a writing
signed by the parties hereto. No documents shall be Incite oraLed herein by reference expect
to the extent Convergentz is a signatory thereon.
VOL1_"70i Pg, �/
ou"A CONMERGENTZ"
Making Buildings Smarter
10555 Westpark Drive, Houston, Tx 77042 • Phone: (713) 267-5790 • Fax: (713) 266-7011
Quotation Number: TCPN# 01-1023815-004 Date: March 15, 2015
Brazos County — Replace Boiler and Pump at Brazos Center
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide a replacement boiler and pump
• Demo and haul off (1) Weil McClain PMG8-6 boiler
• Provide and install (1) Futera III Series, Model MB1000 boiler
• Boiler to feature full modulation with 4:1 turndown, 88% Efficiency, Cast Iron Header,
Factory Freeze Protection Kit, cast iron inline boiler recirculation pump, Expansion
Tank, and Vent Kit.
• Re -work gas lines and add pressure regulators to support boiler operation
• Price includes electrical modification,
• Modify pipe to mate to the new boiler and pump.
• Patch/ repair insulation to match existing
• Provide factory startup and test.
• Connect to Building Automation System
Pricin
*Notes and Clarification:
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hour
Base Price................................................................... $111,000.00 Dollars (Tax Exempt)
(One Hundred Eleven Thousand Dollars and 00 Cents)
Performance and Payment Bond:
Price
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
................................................................ $4,200.00 Dollars (Tax Exempt)
(Four Thousand Two Hundred Dollars and 00 Cents)
e-mail: iduron(Mconvernentz.com
VOL
_� 1 v5, aoo 0
The proposal and the terms and conditions contained herein are accepted
and Convergentz is authorized to proceed with the work.
Customer
By:
Title:
Date, ,7—
P.O. Numt
Terms and Conditions of Sale
Acceptance: A proposal made upon liege terms is subject W acceptance within thirty days
from date and the priors are subject to change without notice prior to acceptance by Customer
Any (chain from Center Paint Energy has been accounted far in the price of the proposal;
therefore, Convergentz wig retain any rebate funds. If your oder is an acceptance of a written
proposal, on a form provided by Convergentz, without the addition of arty other Items and
conditions of sale or any other modification, this document shall be Vested solely as an
acknowledgment of such order, subject to credit approval. If your order is not such an
acceptance, than Nis document is Comargann' offer, swh uct to eight approval, to provide the
goods ardor Work solely in accordance with the fallowing terms and conditions of sale
Exclusions From Work: Convergentz• obligation is limited to the Work as defined and does
not include any modifications to the Premises under the Americans With Disabilities Act or any
other law or building mde(e).
Construction Procedures:
Convergenst shag supervise ad direct the Work using Its best skill and attention and have
exclusive control over construction means, methods, techniques, sequences and procedures.
Payment Terms: Customer shall pay Convergentz' invoices within net thirty (30) days of
Invoice date, Convergentz may invoice Customer for all equpmenl or material formatted,
whether delivered to Me installation site or to an ofl-site storage facility and for all work
Performed on-site or off-site. No retention shall be withheld from any payments except as
expressly agreed in writing by Convergonlz, in which case retention shop be reduced per the
contract documents and released no later than the date of substantial completion. If payment is
not rorawed as required hereby. Convergentz may suspend performance and the time for
complecion sh11 be extended for a reasonable paned of time not less than the period of
suspension. Customer shall be liable to Convergent for all reasonable shutdowm, standby and
start-up costs as a result of the suspension. All amounts outstanding 10 days beyond the due
data are subject to a service charge not to exceed 1.5% of the principal amount due or the
maximum allowable legal interest rate, retroactive to Me duo dad. Customer shall pay all costs
(including altaneys' fees) incurred by Convergertz in attempting to collect amounts due and
otherwise enforceng Mesa terms and conditions.
Time For Completion: Except to the extent otherwise expressly agreed in writing signed by an
authorized representative of Convergentz, all dales provided by Comoggeniz or its
representatives fon commencement, progress or completion are estimates only. While
Convergenlz shall use commercially reasonable efforts to moot such estimated dales,
Convergentz shall not be responsible for any damages for its failure to do ao.
Access: Convergentz and its contractors or subcontractors shell be Provided access to Me
Premises aging regular business haws, or such other home as may be re Wasted by
Convergentz and acceptable to Me Premisos' owner or tenant for Me perform mm of the Work,
including sufficient areas for stag mg, mobilization, and storage. Convergentzaccess to correct
any emergency foodlran shall not be restricted.
Permits And Governmental Fees: Convergent shall secure with Costcmer's assistance)
and pay for Wilding and other permits and governmental fees, limrses, and inspections nems -
Sony for proper performance and completion of the Work, whlrh are legally required when bids
trot Convergentz' subcontractors are received, negaaations thenen concluded or the effective
date of a relevant Change Order, whichever is later Customer is responsible for necessary
approvals. Memoris, assessments and charges far construction, use o occupancy of
permanent structures or for permanent changes to existing facildes.
Utilities During Construction: Convergent, shall be provided without charge all water, heat,
and utilities during performance of the Wolk
Concealed Or Unknown Conditions: In Me performance of the Work, 11 Convergentz
encounters condhiens at Me Premises Mal are (i) subsurface or otherwise mnma:W physical
conditions that differ mionflut, from those indicated on drawings expressly incorporated herein
or (ii) unknown physical conditions of an unusual nature Mal differ materially from those
conditions ordinarily found to exist and generally recognized as inherent in ansWction
activities of Me type and character as the Work, Convergentz shag notify Customer of such
conditions mentally, poor to significantly disturbing the same. It such conditions differ materially
and cause an Increase in Convergentz' cost of, or time lowered for, performance of any part of
the Work, Convergentz shall be anfilled to, and Customer shall consent by Change Order to. an
equitable adjustment in Me Contract Price, contract time, or L.M.
Any loss contmedded to, or aggravated by out mold, fungus, wet of cry rot and any resulting Is
always excluded under this commel however mused,
Asbestos And Hazardous Materials: Convergentz' Work and other services In comeddom
wind this Agreement expressly a olades any ideredcla ioo, abatement, deenup, control,
disposal, removal or other work connected will asbestos, polychlorinated biphenyl ('PCB'), or
other hazardous materials (hereinafter, collectively,'Hazandous Materials'), Customer warrants
and represents that. except as set forth in a writing signed by Convergent, there are no
Hazardous Materials on the Premises that will in any way affect Convergentz' Work and
Customer has disclosed to Convergentz the existence and locafen of any Hazardous Materials
in all areas wiltsin which Convergent, will be performing the Work. Should Convergentz
became aware of or suspod the presence of Hazardous Materials, Convergent may
mediately slop work in the affected area and shall notify Customer Customer will be
responsible for taking any and all action necessary to coned Me condition in accordance with
all applicable laws and regulations. Customer shall be exclusively responsible fall any daims,
indudrg the payment thereof, arising out of or relating to any Hazardous Materials on or about
the Premises, not brought onto the Premises by Convergentz. Convergentz shall be required to
resume performance of the Work in the affected area only in the absence of Handedeus
Materials or when Me affected area has been rendered harmless. In no event shall
Convergentz be obligated to transport or handle Hazardous Material, to provide pry notices to
any governmental agency, or to examine Me Premises for Me presence of Haze Ames
Materials.
Conditions Beyond Control Of Forms; K Converganlz shall be unable to cavy our any
material oblgaber under Ws Agreement due to events beyond its control, such as ata of God,
governmental or Nadal authority, insurrections, Hats. labor disputes, labor or material
shortages, Finds, or explosions, this Agreement shall at ConvegmV election (1) remain in effect
but Convergentz' obligations shall be suspended until Me imccnboll able event terminates; or (iii
be terminated upon ten (10) days notice W Customer, in which event Customer shall pay
Convergent, for all parts of Me Work fumishod W the dale of so mMa rm, Any loss competing
Pan. 9 n1 9
of, caused by, contributed to, or aggravated by rust, mold, fungus, wet or or out, and any
resulting loss in always excluded under this convect however mused.
Customer's Broach. Each of the following events or conditions shall consfi ed a breach by
Customer and shall give Convergentz gee right without an election d remedies, to terminate
this Agreement by delivery of written notice dadaMg termination, upon which event Customer
shall be liable Is Converges¢ for all Work fumished to date and all damages sustained by
Convergentz(including lost profit and overhead): (1) Any failure by Customer to pay a mounts
due more than thirty (30) days after the date of the invoice therefore; er (2) Any failure by
Customer to perform w comply with any material provision of this Agreement.
Indemnification. Convergentz and Customer shaft Indemnify, defend and hold each other
harmless from any and all claims, actions, costs, expenses, damages and liabilities, including
reasonable attorneys' fees, rosulting from death or tidily injury or damage to real or personal
praperty, W Me extent mused by the negligence or misconduct of their respective employees or
other authorized agents in connection with their activities within the saps of this Agreement.
However, neither pally shall indemnify Ne other against claims, damages, expenses or
liabilities to the extent attributable to Me negligence or misconduct of the other party H the
parties are both at fault the obligation to Indemnify shall be prigenimal to their rolaave fault.
The duty to indemnify will continue in full fora and effect, notwilhslending the expiration or
early termination hared( iwlh reaped to any claims based on facts or conditions Nal actuarial
prior to expiration or termination. NoWthelanding any mnlroy provision, neither party shall be
liable to the other for any special, incidental, consequential or punitive damages.
Warkman o p and Equipment Warranty. Corwergentz warrants that, far a period of one year
from the data of subslantiel completion (the 'Warrant' Paned), Convergentz equipment
Installed hereunder and Work (1) shall be free from defects in material, manufacture, and
workmanship and (it) shall have the capacities and ratings set forth in Convergentz' catalogs
and bulletins; substantial completion shall be be earlier of the date that Oe Work Is sufficiently
complete so that Customer con utilize the Work for its intended use or the date Nat Customer
receives benefcial use of the Woos Fair Convergentz equipment net installed by Convergentz,
the Warranty Period is Me lesser of 12 months from inaiel startup or 18 months from the date
of shipment. If such defect is discovered within the Warranty Period Convergentz will coned
the defect or furnish replaca.ment equipment (or, at its option, parts therefore) and, if said
equipment was installed pursuant hereto, labor associated with Me replacement of parts at
equipment not conforming to Mis warranty. No liability whatever shall slash to Carvell
unlit said equipment and Work have been paid for in full and Men said liability shall be limited to
ConvorgenlY cost to coned the defective Work and/or the purchase price of Me equipment
shown to be detective. Equipment andraur parts that are not manufactured by Convergent, are
not warranted by Convergentz and have such warranties as may be extended by the respective
manufacture Convergent( warranties expressly exclude any remedy for damage or defect
coed by corrasion, erosion, or deterioration, abuse, modifications or repairs not performed by
Convergentz, improper operation, or normal wear and fear under normal usage. Comergentz
shall not be obligated to pay for the cost of lost reWgerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may not assign, transfer, or convey big Agreement, or any part hereof,
or Its fight, title ar interest herein, evimout the wmam consent of Convergent, subject to the
foregoing, this Agreement shall be biding upon and more to Me benefit at Customers
successors and assigns.
Complete Agreement. This Agreement shall constitute Me snare Agreement between boo
Forbes and this Agreement inay not be amended, modified or (emanated except by a writing
signaE by Me parties hereto. No documents shall be Incorporated herein by reference except
to the extent Convergentz is a signatory thereon.
AOILV_ VI
CONMERGENTT
Making Buildings Smarter
10555 Westpark Dnve, Houston, T% 77042 • Phone: (713) 267-5790 ♦ Fax: (713) 266-7011
Quotation Number: TCPN 01-10238-15-007 Date: March 15, 2015
To: Brazos County
Attn: Mr. Ernest Stutts
RE: Juvenile Detention Center BAS Upgrade to Tridium
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and install new open protocol Tridium BAS
• Provide on complete web based Tridium system with BACnet communication protocol
• Controls for (19) Trane RTUs
General Inclusions:
• Floor Plan Graphics
• (4) Hours of On Site Training
• As -built Drawings and O&M Manuals
Pricin :
*Notes and Clarification:
➢ I.P. drops will be provided to Convergentz at no additional cost and location will be
coordinated with Convergentz
➢ 120VAC will be provided by electrical contractor and is not provided as part of this
proposal
➢ Fire / fire -smoke/ control dampers and smoke detectors, including associated wiring, are
not included unless otherwise detailed within proposal
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hours
Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT conduit
will be used in exposed areas
Base Price.................................................................... $29.700.00 Dollars (Tax Exempt)
(Twenty Nine Thousand Seven Hundred Dollars)
Alternate Price for communication loop if required ............. $8.100.00 Dollars (Tax Exempt)
(Eight Thousand One Hundred Dollars)
Performance Bond:
Price............................................................................. $1.500.00 Dollars (Tax Exempt)
(One Thousand Five Hundred Dollars and 00 Cents)
Page 1 of U4i. _ 7 Pg 'S/S!
The above price does not include sales tax.
furnished a Tax Exemption Certificate
Standard Exceptions:
Respectfully,
CONVERGENTZ'
Making Buildings Smarter
Taxes will be billed in addition at the time of job completion unless Convergentz is
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is firm for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduronaCDnvereentz.com
The proposal and the terms and conditions contained herein are accepted
and Convergentz is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.O Number:
Paget of Vo�"�o� 7
Terms and Conditions of Sale
Acceptance: A proposal made upon mesa terms Is subject to acceptance within thirty days
Com date and We paces are wbjeal to Chraga without notice prior to acceptance by Customer
Any rebate from Center Point Energy has been accounted for In me prim of this proposal;
merefore, ConvergenV. will retain any rebate funds. If your order is an acceptance of a written
proposal, on a form provided by ConwrGera, without me oddi4an of any other terms and
Conditions of safe a any other modification, this damnant shall be treated Sol as an
acknowledgment of welt order, wbject to Credit approval. If your order Is net such an
acceptance, then this document is Convergent' otter, subject to credit appreval, to provide the
goods and/or want solely In accordance with rep following terms and conditions of sale
Exclusions From Work: Convergent' obligation Is limited to me Work m defined and does
not include any modifications to me Premises under me Americans WM Dim lifies Ad or any
ower law or building Wools). I
Construction Procedures:
Converl shag Supervise and died the WON, using its best skill and aberdon and have
exclusive mntrd ever ammudien means, methods, techniques, xqumors and procedures.
Payment Terms: Customer shall pay Corwerill Invoices within net thirty (30) days of
invoice date. Convergent may Ineded Customer for all equipment or materiat fumished,
whether delivered to the MWIfanon site W to An off-site storage bdllty and for all weal,
performed ornate or off-site. No retenficn shall be withheld Com any payments Oxmpt as
express y agreed in writing by Convergent, in which Case retention shall M reduced per the
m�Cad Comments and released no leter than me date or substantial remplenon. If payment is
not received as required hereby, Commgent may suspme! performance and me nine for
mtrpleson shall be extended for a reasonable period of oma net less man Me period of
suspension. Customer shall be liable to Convergent for all rommil de shutdown, standby and
start-up was as a result of me suspension. All amounts outstanding 10 days beyond me due
trate are subject to a service charge not to exceed 1.5% of the principal amount due or the
madm in ii legal interest rale, retroactive to the due data. Customer shall pay all costs
(including ahemeyi fees) Incurred by Convergent In attempting to celled amounts due and
otherwise onforeing mesa terms and renditions.
Time For Completion: Except to the codwrotromine expressly agreed inviting signed by an
authorized mm,smtal of Cmver0ent, all dates provided by Convergent or AS
fepresenal for commencement, pngress or mmplstiar ere estimates only. Mite
Convergent shall use mmmerdally reasonable efforts to meet such estimated dates.
Convergent shall not be responsible for any damages for its failure to do so.
Access: Conwrgentz and its contrudma or subcontractors shah be prurient access W the
Premises MAN regale business hoes, or sued Omer hours 0 may be requested by
Convergent and accepade to the Premises' owner or tenant for the performance of the Work,
inducing sufficient areas for slaging, mebilizrion, and storage, Convergent' access to correct
any emergency condition shall not de, restricted.
Permits And Governmental Fees: Convergent shat secure (What Customers assistance)
and pay for building and other pemnils and governmental fees, licenses, and inspections neces-
sary for pmper performance and compleson of the Want, which are legally required woad bids
frum Convergent'subcontr dors aro received, negotiations thereon concluded, or the emenve
data of a relevant Change Order, whichever Is later Customer Is responsible for necessary
approvais, easements, assessments and Charges for construction, use or occupancy of
pemanent structures or for Permanent changes to CA 513119 Rut lions.
Utilities During Constroctien: Convergent shall be provided without charge all water, heat,
and utilities during pa mandadcs of Me work.
Concealed Or Unknown Conditions: In no performance of the Work, if Convergurta
encounters cohdlnans at me Premises that are (i) subsurface or otherwise conceded physical
Contrition that differ maledally ham moss Indicated On dmwidgs dpressly incarpomled hemp
or (I) unknarn physical conditions of an unususl refute that offer All horn those
conditions odnaray found to eest and generally recognized as Inherent in constructed
adOWes of me type and character as me Wok, Convergent shall hoary Customer of such
Conditions promptly, prior to stgnidCandy disturbing me same. If such condibons differ manually
and Cause an Increase in Convergent' cast Of, or time required for. performance of any part of
Me Wok, Convergent oleo be envied to, One Customer Slop mreenl by Charge Order to, an
egvtade adjustment in the Contract Price, coned ame, or mm.
My loss contributed to, or aggravated by rest mold, fungus, wet Or dry rot and any resulting is
always excluded under cels cuntract however Caused.
Asbestos And Hazardous Mmed319: Convergent' Work and older services in connection
with this Agreement mpressly excludes anyIden Rein , abatement, cleanup, comel,
disposal, removal or Omer war connected with asbestos, polyclilmmmr.d biphenyl ("PCB'), or
alder hazardous matures (limmarheq cellecively,'Hazardous Materials'). Customer warrants
antl represents that except as set forth he a witting signed by Convergent,, Were are no
Hazardous Materials an the Premises mat will in any way affect Conw lli Work and
Customer has disclosed to Convergent me existence and lombon of any Hazardous MWOr
in all areas within whirl, Convergent will be performing no Walk Should Convergent
become aware of or suspect me presence d Hazardous Matenals, Convergent may
Immediately step wont in the affected area ami shag ncafy Customer. Customer van be
responsible for takng any and all Section necessary to carted me mrdifion in arrardanm wide
all applicable laws and regulations. Customer shall be exc lvMy dispersion for any claims,
Inducing the payment named, arising out of or relating to any Hazardous Materials an or about
Me Premises, me brought crib tie Prerrims by Convergent. Convergent shall be required to
Assume percent Of tie Werk in the alected area only In the absence of Hazardous
Matenals or when me affxted area has been rendered hammers. In no want shall
Convergent, be obigated to transport or hanaW Hazardous Material, to provide any noaces to
any governmental agency, or to examine the Premises for the presence of Hazardous
Matenals,
Conditions Beyond Control Of PaNes: If Comengmaz shall be unads to Carry out any
material ebllgasan under Nis Agremonl oue to events beyond its mntrd, such as acts of God,
governmental or judicial aumotlty, damsdlonq trots, labor disputes, later or ml
shortages, fires, Or explosions, this Agreement short at Convergent,' election (1) remain In effect
Out ConvmgmlY d'1geGens shall M Suspended Sol no unmrho-dlade event feral an if
M terminated upon ten (t(l) days notice W Customer, in which event Customer shall pay
Cdnwrgent for all pads of tie Wok furnished to the date of mmninaEan, My loss consisting
Page 3 of 3
of, mush by, mnbibuted to, or aggravated by mal, mold, fungus, wet a dry rot and any
resulting loss In always extruded under this contract, however mused.
Cmtomees Breach. Each of me following events or rendifiens shall Carl a breach by
Customer and shall give Convergent, the right, wMaul an decant of femedl to terminate
MIS Agreement by delivery of wrihen nonce detrain lerminaral upon which event Customer
shall be liable to Convergent for ell WaIr fumishe0 to dale and all damages sustained by
Conver,muz(nduding lost profit and overhand), (1) Any failure by Customer to pay amounts
due more than thirty (30) days after the date of the invoice therefore; v (g) Any failure by
Customer to perform or comply with any matelot provision of MIS Agreement
Indemnification. Convergenhn and Customer shall Indemnify, defend and hold beth other
harrdess from any and all claims, actions, mats, expenses, damages and IiaGlines, including
reasonable aftomeye' fees, resulting from death or bodily injury or damage to real or personal
Property. to the extent caused by me negllgenra or misconduct of their respective employees or
older authorized agents in mnnedon with their acal Want the scope of this Agreement.
However, neither party shall Indemnity the Omer against dards, damages, expenses or
liabilims to me extent affnbulut to the nngligerce or misconduct of the other lady. It the
parties are both at fault, tie abliganon to Indemnify shall be proportional to their relative fault
The duty to indemnify will commune in MI force and effect notivimsland:ng me expiretian or
ear y lemynabon hereof, with reaped to any Claims bash on fads a condhms met occurred
Prior to expiel or terminated Notwithstanding any contrary provision, neither party shall be
liable to the other for any special, incidental, renscquantial or punitive dual
Workmanship and Equipment Warranty. Convergent warrants met Wer a period of me year
Com me date of substantial completion (the 'vVarre11ry Paroc'), Converyentz equilr. me
Installed! hereunder and At (I) shall to free from defects In material, manufacture, and
workmanship and (ii) shall hove We mpacties and ratings set forth In Convergentmtaloga
and bNlanns; substantia completion shell Of me earlier of Me date mat the Work is surriby
complem m mat Customer ren utilize We Want for its intended use a me dale mal Customer
receives beneficial use of Ira Work. For Convergent equipment not Installed! by Convergent,,
Me Warranty Period Is me lesser of :1 months from mind start-up or iB months from to date
of shipment. If such defect Is discovered within the Warranty Period, Convergent, will mated
Me defect or famish replacement equipment (or, at Its option, parts Weddom) and. If said
equipment was Installed pursuant hecto, labor assecmod with me replacement or pans or
equipment ret Conforming W this warranty No liability whatever shag attain W Convergent
until said equipment and Work have been paid for in full and Men said History shall be limited to
Convergent' Cast to co rect me defective Wok and/or the purchase price of me equipment
shown to be defediw. Equipment another parts mat are not manufactured by Convergent are
net wanall by Convergent and have such, warranties as may be extended by Me respective
manufacturer Convergent' warranties expressly exclude any remedy for damage or dated
caused by corrasion, masim, or defelaratinn, abuse, modfiralons or repairs not mmired by
Convergent, improper operation. or normal wear and tear under normal usage, Convergent
shall nal be obligated to pay for the cost of lost maraude 1.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may mol assign, transfer, a convey MIS Agreement, or ami pan hereof,
or Its right, the or Interest hael w indut me written consent of Convergent. Subject to Me
foregoing, Me Agreement shall be binding upon and inure to On benefit of Custo cans
successors and assigns.
Complete Agreement. This Agreement shot constitute Me entre Agreement between both
pales and this Agreement may net M amended. rel or terminated except by a lending
signed by Me patties tra er No documents shall be incorporated herein by reference except
to We extent Convergent is a signatory thorned.
Vol, _o P9 27
aoiU % CONVERGENTZ"'
Making Buildings Smarter
10555 Westpark Drive, Houston, Tx 77042 • Phone: (713) 267-5790 • Fax: (713) 266-7011
Quotation Number: TCPN# 01-10238-15-006 Date: March 15, 2015
Brazos County — Replace Boiler and Pump at Health Department
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide a replacement boiler and pump
Pricin :
Replace (1) Existing AJAX Boiler and Install (1) New Viesmann Boiler Package:
• Supply labor and materials for the following
• Drain system and demo boiler from room and facility
• Install new boiler, expansion tank , pump and necessary piping
• Reinsulate piping with 1.5" fiberglass insulation
• Coordinate factory start up with Boiler Manufacture's rep
• Connect to Building Automation System
*Notes and Clarification:
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hour
Base Price................................................................... $36,900.00 Dollars (Tax Exempt)
(Thirty Six Thousand Nine Hundred Dollars and 00 Cents)
Performance Bond
Price ...........
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
................................................................ $1.400.00 Dollars (Tax Exempt)
(One Thousand Four Hundred Dollars and 00 Cents)
e-mail: iduronrcDconvercentz.com
Vol. �7_a-17
52131)n , 00
The proposal and the terms and conditions contained herein are accepted
and Convergentz is authorized to proceed with the work.
Customer:
By:
Title:
Date:
P.O. Npml
Terms and Conditions of Sale
Acceptance: A proposal made upon these terms is subjed to acceptance within thirty days
train date and the prices are subject to change without notice prior to acceptance by Customer.
Any rebate from Center Point Energy has been accounted for in the price of this proposal;
therefore, Convergenh will retain any rebate funds. If your order Is an acceptance of a written
proposal, on a form provided by Convergomz without Me addition of any other terns and
conditions of sale a any other modification, this document shall be Implied solely as an
acknowledgment of such order, subject to credit approval. If your order is not such an
acceptance, then this document is Convergenhoffer, subject to credit approval, to provide Me
goods and/or Work solely in accordance with the following terms and conditions of sale
Exclusions From Work: Convmgenh obligation is limited to the Work as defined and does
not Induce any modifications to the Premises under the Americans With Disabilities Act or any
other law or buildirg code(¢).
Constrvctlon Procedures:
Convergenh shall supervise and I rest the Work using its best skill and intention and have
exclusive control over construction seearu, methods, techniques, sequences and procedures.
Payment Terms: Customer shall pay Convergenh invoices within net maty (30) days of
invoice dale. Corwargenh may invoice Customer for all equipment or material fumished,
whether delivered to the installation site or to an off -silo storage facility and for all work
partormod on-site or off-site. No retention shell be withheld from any payments except as
expressly agreed in writing by Convergent, In which use retention shall be reduced per the
contract documents and released no later than toe data of substantial completion. If payment is
not received as recoiled hereby, Convergentx may evapend performance and he time for
completion shall be extended for a reasonable period of time not less man me period of
suspension. Customer shall be liable to Convergent for at reasonable shutdown, standby and
start-up costs as a result of the suspension. All amounts outstanding 10 days beyond thin due
date are subject to a service charge riot to exceed 15% of the principal amount due or the
maximum allowable legal interest talo, retroactive to me due date. Customer shall pay all costs
(including attorneys' laps) Insured by Convergent h attempting to coded ane tme due and
otherwise mdorceng these terms and candltiom.
Time For Completion: Except to the eaten) otherwise expressly agreed in writing signed by an
authorized representative of Convergent,, all dates provided by Convergent or its
representatives for mmmancement, progress or completion are estimates only. While
Convergentz shall use commercially reasonable efforts to meet such estimated dales,
Comargantz shall col be responsible for any damages for its failure to do so.
Access: Convergence and its contractors cr subcontractors shall be provided access to me
Promises during regular business hours, or such other hours as may be requested by
Comeagontz and acceptable to Me Premises' owner or tenant for me performance of the Work,
including sufficient areas for staging, mobilization, and storage. Converganh access to correct
any emergency condition shall not be restrided.
Permits And Governmental Fees: Convergenh shall secure (with Customer's assistai
and pay far building and other permits and governmental fees, licenses, and inspections r eces-
sary for proper performance and completion of the Ware, which are legally required when bids
from 0onvorgerm, subcontractors are received, negotiations thereon concluded, or the effective
data of a relevant Change Order, whichever is later Customer is responsible for necessary
approvals, easements, assessments and charges far construction, use or campers, of
permanent elructuas an far permanent changes to existing facilities.
Utilities During Construction: Convargentz shall be provided without charge all water, heal,
and utilities during pertor ianu d the Work.
Concealed Or Unknown Conditions: In the performance of the Work, If Comergantz
encounters madame at caro Premises that are (i) subsurface or otherwise concealed physical
conditions mal eider materially from mesa Indicated on drawings expressly incorporated heroin
or (a) unknown physical conditions of an unusual nature mat differ materially from those
andttions ordinarily found to exist and generally recognized as inherent in mrsduction
activities of the type and character as the Work, Convergent, shall ratify Customer of such
mndittore promptly, prior to significantly disturbing the same. If such conditions differ materially
and cause an increase in Convergenh' cost of, or time required for, performance of any Part of
the We&, Convergent, shell be ani to, and Customer snail consent by Change Order to, an
equitable adjustrnent In the Convect Price, contract goo, or bath.
Any loss contributed to, or aggravated by rust, mold, fungus, wet or dry rot and any resulting Is
always excluded under this anbad however caused.
Asbestos And Hazardous Materials: Convergenh Work and other services in connector,
with this Agreement expressly excludes any identification, abatement, cleanup, control,
disposal, removal or other work mnnaded with asbestos, polychlonnated biphenyl ('PCB'), or
onto hazardous materials (hereinafter, collectively, 'Hazardous Materials'), Customer warrants
and represents that, except as set forth in a write, signed by Convergent,, mere are no
Hazardous Materials on the Promises that will in any way affect Convergent,' Work and
Customer has disclosed to Convergent, the existence and location o/ any Hazmdous Materials
in all areas within which Convergenh with be parkeming the work. Should Can vergenh
became aware of or suspect the presence of Hazardous Materials, Convergenh may
immediately stop work in the affected area and shall notify Customer Customer will be
responsible for taking any and all action necessary to ported the condition in accordance with
all applicable laws and regulations. Customer shall be exclusively responsible for any claims,
including the payment theredl, atlstng out of or relating to any Hazardous Materials an or about
me Premises, not brought onto the Premises by Convergent,, Convergenh shall be acquired to
resume performance of me Work in the shared area only in me absence of Hazardous
Materials or when the affected area has been rendered harmless. In o, event shall
Comargmhtz be oLlerated to transport or handle Hazardous Material, to provide any notices to
any governmental agency, or to examine the Premises for the presence of Hazardous
Materials,
Conditions Beyond Control Of Parkes: 0 Convergenh shall be unable b cony out any
material obligation under this Agreement duo to overs boyand its control, such as ads of God,
governmental or judicial authority, resurrections, riots, labor disputes, labor or material
shortages, fires, or explosions, she Agreement shall at Convergenh election (1) remain in elect
but Convergenh obligations shell be suspended until the uncontrollable avant terminates; or (it)
be terminated upon len (10) days notice to Customer, in which event Customer shall pay
Convergentz for all pans of the Work fumished to he date of tmminatem My lass consisting
ofcaused by, contributed to, or aggravated by rust, mold, fungus, wet or dry rot, and any
resulting loss in always excluded under this metrecq however mused.
Custdmefs Breach. Each of the following evems or mndlFons shalt constitute a broxcll by
Customer and shall give Comeargentz the right without an election of remedies, to terminate
this Agreement by delivery of written notice declaring termination, upon whiN event Customer
shall be liable to Convergent, for all Max furnished to date and all damages sustained by
Convorgentz(including lost profit and overhead): (1) Any failure by Customer to pay amavnts
duo more man thirty (30) days after Me date of the invelm therdora; or (2) Any failure by
Customer to perform or comply with any material provision of Itis Agreement.
Indemnification. Corhvergentz and Customer shall indemnity, defend and held each other
harmless from any and all claims, actions, posts, expenses, damages and liabilities, including
reasonable attorneys' loos, resulting from death or bodily injury or damage to real or personal
property, to the extent caused by Me negligence or misconduct of their respective employees or
other authorized agents In connection with their activities within the spope of this Agreement.
However, neither parry shall indemnify the other against claims, damages, expanses or
liabilities to the extent attributable to the negligence or misconduct of me other party. H me
parties are both at fault, the obligation to indemnify shall be prepampull to their relative fa W.
The duty to indemnify will continue in NII force and affect, notwithstanding me expiration or
early lamination hereof, with rasped to any claims basad on facts or conditions mal occurred
prior to expiration or lamination. Notwithstanding any contrary provision, neither party shall be
liable to the other for any special, incidental, consequential or punitive damages.
Workmanship and Equipment Warranty. Convergence warrants that, for a pmbd of one year
from Me date of substaffal mmpledon (the "apanty Period'), Convergenh equipment
indtallo l hereunder and Work (i) shall be free from defects in material, manufacture, and
workmanship and (ti) shall have the capUges and ratings set forth in Convergent,' catalogs
antl bulletins; substantial completion shall ba the earlier of We date that the Work is sufficiently
complete so Nal Customer can utidze the Work for its intended use or the date that Customer
receives beneficial use of me Work. Far Convergent equipment not installed by Convergence,
Me Warrant' Period is the lesser of 12 months (rare Initial startup o 18 months from the dale
of shipment If such defect is discovered will Me Wananty Period, Convergenh will portact
the defect or furnish replacement equipment (or, at its option, parts holders) and, if sold
equipment was installed pursuant herola, labor associated with Me replacement of pads or
equipment not conforming to this warranty. No liability whatever shall enable to Convergenh
until said equipment and Work have been pad for in lull and then said liability shall be limited to
Convergent,' cast to correct the detective Work motion the purchase price of me equipment
shown to be detective. Equipment Matter pates that are not rearrfadered by Convergence are
not warranted by Convergent, and have such warranties as may be extended by the respedive
manufacturer. Convergent: warranties expressly exclude any remedy for damage or defect
caused by corrosion. erosion, or deterioration, abuse, modifications or repairs not performed by
Convergenh, improper oparabom or normal wear and tear under normal usage. Convergent,
shall not be obligated to pay for the cost of lost refrigerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may not assign, transfer, an convey his Agreement, or any part I»red[
or Its right, title or interest herein, without the written consent of Convargontz, Subject to the
foregoing. this Agreement shall be binding upon and Inure to the benefit of Customu's
successors and assigns.
Complete Agreement This Agreement shall ponstiluto the entire Agreement between both
parties and this Agreement may not be amended, modified or latera atnd except by a writing
signed by he parties hereto. No documents shall be incorporated herein by reference except
to the extent Convergmetz is a signatory thereon.
a�lle CONMERGENTZ"
Making Buildings Smarter
10555 Westpark Drive, Houston, TX 77042 • Phone: (713) 267-5790 • Fax. (713) 266-7011
Quotation Number: TCPN# 01-10238-15-05 Date: March 15, 2015
Brazos County — Replace Boiler and Pumps at Detention Center
Attn: Mr. Ernest Stutts
Scope of Work:
Convergentz is pleased to offer the following proposal to provide a replacement boiler and pumps
Pricin :
• Demo and haul off (1) Bryan C1180 -W -FDG boiler and (2) Taco in-line pumps located
in the ceiling
• Provide and install (1) Futera III Series, Model MB1750 boiler
• Boiler to feature full modulation with 4:1 turndown, 88% Efficiency, Cast Iron Header,
Factory Freeze Protection Kit, cast iron inline boiler recirculation pump, Expansion
Tank, and Vent Kit.
• Re -work gas lines and add pressure regulators to support boiler operation
• Provide and install (2) hot water pumps with valves and trim and mount on new
housekeeping pad
• Price includes electrical modification,
• Modify pipe to mate to the new boiler and pump.
• Patch/ repair insulation to match existing
• Provide factory startup and test.
• Connect to Building Automation System
*Notes and Clarification:
➢ Does not include anything not specifically detailed within this proposal
➢ Proposed pricing is based on work being performed during normal business hour
Base Price................................................................... $163.000.00 Dollars (Tax Exempt)
(One Hundred Sixty Three Thousand Dollars and 00 Cents)
Performance and Payment Bond:
Price............................................................................. $6.000.00 Dollars (Tax Exempt)
(Six Thousand Dollars and 00 Cents)
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266-3900
Mobile: (713) 252-8065
e-mail: iduron convergentz.com
Vol. ;' ;--7
' l �� )'COD
The proposal and the terms and conditions contained herein are accepted
and Convergenfz is authorized to proceed with the work.
Customer:
M
Title:
Terms and Conditions of Sale
Acceptance: A proposal made upon these terms is subject W acceptance within Nilly days
from dale and the prices are subject to change without notice prior to Acceptance by Customer
My rebels from Center Point Energy has been Accounted for in the price of this proposal;
therefore, Convergentz will retain any rebate funs. If your order is an acceptance of a written
proposal, on a form provided by Convergenl,, without the addition of any other terms and
conditions of sale or any other modification, this document shall be treated solely as an
acknowledgment of such order, subject to credit approval. If your order is not such an
acceptance, then his document is Convergentz' deer, subject to credit approval, to provide Ne
goods ander Work solely in accordance with the following terms and conditions of sale
Exclusions From Work: Convergentz' obligation is limited to the Work as defined and does
not include any modifications to the Premises under the Americans With Disabilities Act or any
other law or building corbels).
Construction Procedures:
Convergent, shad supervise end direct the Work using its best skill and attention and have
exclusive control over conshRlion means, methods, techniques, sequences and procedures.
Payment Terms: Customer shall pay Convergentz' invoices within net thirty (30) days of
investor date. Convergentz may invoice Customer for all equipment or material fumishcel
whether delivered to Ne installation site or to an off -situ storage facility and far all work
performed on or off-site. No retention shall to with old from any payments except as
expressly agreed in writing by Convergentz, in which case retention shall be reduced per the
contract documents and released no later than the dab of tabid.gal completion. If payment Is
not received as required hereby. Cormargent, may suspend performance and the Time for
completion eha'I be extended for a reasonable period of time not loss than me period of
suspension. Customer shall be liable to Convergent, for all reasonable shutdown, standby and
start-up costs as a result of me suspension All amounts outstanding 10 days beyond the due
date are subject W a service charge not to exceed 1.5% of the principal amount duo or the
maximum allowable legal interest rate, retroactive to the due date. Customs, shall pay all casts
(Morning adoneys fees)incurred by Convergent, In attempting to collect amounts due and
otherwise according mesa terms and conditions.
Time For Completion: Except to the extent otherwise expressly agreed in cording signed by an
authorized representative of Convemohn, all dales provided by Convergentz or its
representativos for commoucomenl, progress or completion are estimates only. While
Convergentz shall use commercially reasonable eff.ns to meet such estimated dates,
Convergentz shall not be responsible for any damages for its failure to de so.
Access: Convergentz and its connectors or subcontractors shall be provided access to the
Premises during regular business hours, or such Amer hours as may be requested by
Convergentz and acceptable to me Premises' owner or tenant for me performance of the Werk,
including sufficient Areas for staging, mobtliz lion, and storage. Convergentz' access to correct
any emergency condition shall not be ruff red.
Permits And Govommental Foes: Convergentz shall secom (with Customer's assistance)
and pay for Wilding and other permits and governmental foes, licenses. And inspectors needs.
Bary for proper performance and complation of the Work, which are legally required when bids
from Convergantz' subcontractors are received, negotiations thereon careful or the effective
date of a relevant Change Order, whichever is later Customer Is responsible for necessary
apWovab, easements, assessment and &argue for construction, use or occupancy of
permanent structures or for permanent changes to existing facilities.
Utilities During Construction: Convergemz shall be provided without charge all water, !teat,
and utilities during parts... of be `Nark
Concealed Or Unknown Conditions: In the performance of Me Work. If Convergentz
era lens conddars at the Premises that are (i) subsurface or otherwise concealed physical
cotillions that differ materially train those indicated on drawings expressly incorporated herein
or (It) unknown physical conditions of an unusual nature that differ materially from those
conditions ordinarily found W exist and generally recognized as inherent in mnsiruclan
activities of the type and character as me Work, Convergenlz shall notify Customer of such
conditions promptly, prior W significantly disturbing the same. If such conditions differ materially
and cause an increase On ConvergenlY cost of or time ,equal ter, performance of any part of
the Work, Convergentz shall be entitled to. and Customer stall consent by Change Older to, an
equitable adjustment in the Contract Price, contract lime, or both.
My loss eonlnbuted to, or aggravated by real, mold, funpus, wat or dry rot and any resulting is
always excluded under this contract bowever mused.
Asbestos And Hazardous Matodafs: Convergentz' Work and other services in connection
with this Agreement expressly excludes any Identification, abatement, cleanup, corl
disposal, removal or other work banded with asbestos, polychlorinated biphenyl ('PCB'), An
Amor hazardous materials (healmd er, milactivaly,'Hazardous McOmAte). Customer well
and represents Vi 1, except as set forth in to writing signed by Convorgealz, there are no
Hazardous Materials on the Promises that will in any way affect Convectional Werk and
Customer has disclosed to Convergentz the existence and location of any Hazardous Malenals
in all areas wk in which Convergent will be performing me Work. Should Converges¢
become aware of a suspect me presence of Hazardous Materials, Convergentz may
immediately step work in Me affected area and shill notify Customer Customer will be
responsible for taking any and all action necessary to correct me condition in accordance with
all applicable laws and regulations. Customer shall be exclusively responsible for any claims,
including the payment thereof, arising out of or eclal'mg to any Hazardous Materials on or about
Mo Premises, not brought onto the Premises by Convergentz Convargantz shall be required lA
exurner. performance of the Work in the affected Area only in be absence of Hazardous
Materials or when me affected area has been rendered hurnmess, m no event shall
Convergentz be obligated to transport or handle Hazardous Malarial, to provide any notices to
any governmental agency, an to examine me Premises for me seasoned of Hazardous
Materials.
Conditions Beyond Control Of Parties: If Convargenlz shall be unable to carry out any
material obligation under this Agreement duo to events beyond its control, such os At of God,
governmental or judicial Whonty, insurrections, riots, labor dispose. labor or material
shortages, fires, o explosWns, this Agreement shall at Convergentz' election (i) remain in effect
but Convergentz' obligations shall as suspended until the uncanadlabla event brmimles; or (it)
be terminated upon ton (10) days notice to Customer, in which event Customer shall pay
Convergentz fair all pans of he Work lumtshed to he data of lennination. My loss consisting
of, mused by, conaibuled to, or aggravated by cast, maid. fungus, wet or dry at, and any
resulting loss in always excluded under this contract, however caused.
Customers Breach. Each of the following events or concedes shall consltluto a branch by
Customer and shall give Convergentz the right, without an election of remedies, to terminate
this Agreement by delivery at written notice declaring termination, upon which event Customer
shall be liable to Convergentz for all Work furimed to date and all damages sustained by
Convergeni(including lost profit and overhead): (1) My failure by Customer to pay amauals
it.. more Nan thin (30) days after the date of Use invdce thenal or (2) Any failure by
Customer to perform or comply with any material provisbn of Nis Agreement.
Indemnl0 cation. Convergentz and Customer shall indemnify, defend and hold each other
harmless from any and all claims, actions, costs, expenses, damages and liabilities, inducing
reasonable attomeys' fees, resulting from death or bodily injury or damage to real or personal
properly, to the extent caused by me negligence or misconduct of Nair respective employees or
other Authorized agents in connection whin their activities within IN sceps of Nis Agreement
However, neither party shall mderal Me other against Gants, damages, expenses or
liabilities to the extent attributable to Me negligence or misconduct tithe other parry. ff Ore
parties A. both at fall lb the obligation to indemnify shall be proportional to their rebase. fault.
The duty to indemnify will continue in full farm and effect, notwihstanding the expiration or
wady termination hereof, with respect to any claims based on facts or conditions that occurred
prior to explretion or termination. NAhvial anding any contrary prawnon, neither party shall be
liable to the other for any spatial, incidental, consequential or Punitive damages.
Workmanship and Equipment Warranty. Convergentz warrants met, for a period of one year
from Me data of substantial completion (the 'Warranty, PadoC). Convergentz equipment
installed hereunder and Work (i) shall be free from defects In material, manufacture, and
workmanship and (ii) shall have the ca,morma antl ratings set forth in Convergentzwlalags
and bulletins; substantial completion shall be the earlier of me date that the Work is sufficiently
complete so that Customer can utilize the Work for is intended use or the date that Customer
receives bromo l use of the Work For Cenvorgenz equipment not Installed by Convergenda,
Me Warranty Period is the lesser of 12 months from initial stamp o 18 months from me data
of shipment If such defect is discovered will be Warranty Period, Comergerez will corned
the dofact or furnish roplaanment equipment (or, at its option, pans barriers) and, it so
equipment was installed pursuant hereto, labor associated with the replacement of parts or
equipment not conforming to this warranty. No liability whatever shall attach to Canvergenlz
until said equipment and Work have been paid for In full and then said liability shall be limited to
Convergentz' cost to accred the defective Work ander the purchase price of and equipment
shown to be detective. Equipment andor parts mat are not manufactured by Convorgentz are
not warranted by Convergentz and have such warranties as may be extended by the respective
manufacturer. CmvergmV warranties expressly axdum any remedy for damage or defect
.used by cor idler erosion, ar manor itien, abuse, modification. An .pass not performed by
Convergentz, improper operation, or normal weer and tear under all usage. Convergentz
shall not be obligated to pay for Ino cast of last refrigerant.
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may not assign, transfer, or convey mis Agrooment, er any pan hereof
or its right, title or interest herein, without the written consent of Oonvergena Subject to be
foregoing. this Agreement shall be btmding upon and inure to the benefit of Curti
successors and assign.
Complete Agreement. This Agreement shall constitute the once Agreement between from
parties and this Agreement may not be amended, modified o terminated except by a writing
signed by me parties bonds. No documents shall be Inmrperated heroin by reference except
to the extent Convergentz is o signatory ON ... n.
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0xKbi-I C
TEXAS A&M UNIVERSITY SYSTEM
301 Tarrow Street, 2nd Floor
College Station, Texas 77840
Minimum Prevailing Wage Rate
County: Brazos
Revised: 10/07/14
CLASSIFICATION
RATE NOTES
Acoustic Ceiling Installer
11.68
Asbestos Abatement Worker
12.49
Carpenter
14.57
Concrete - Pour and Finish
13.78
Crane Operator
23.15
Driver
11.26
Drywall Installer
10.87
Electrician - Journeyman
18.96
Electrician - Apprentice
11.67
Elevator Mechanic - Journeyman
52.38
Elevator Mechanic - Apprentice
45.98
Fire Protection - Controls
12.80
Fire Protection - Pipefitter
19.30
Formwork Builder
11.31
Glazier
13.67
HVAC - Journeyman
18.74
HVAC - Apprentice
11.87
HVAC - Controls
15.10
Insulator
12.00
Ironworker
14.09
Laborer/Helper
10.64
Mason
12.67
Equipment Operator - Light
11.60
Equipment Operator- Heavy
11.75
Painter
10.19
Pipefitter - Journeyman
24.29
Pipefitter - Apprentice
14.19
Plasterer
13.68
Plumber - Journeyman
23.99
Plumber - Apprentice
14.47
Reinforcing Steel Worker
10.80
Roofer
15.85
Stone Mason
14.60 1
Terrazzo Installer
9.76
Tile Setter
14.08
Waterproofer
12.17
Note: Listed minimum prevailing wage rale is the base hourly wage rate including fringes.
Vol. __ % Pg -,2,Z4 -j
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AGREEMENT FOR LEGAL REPRESENTATION OF ELIGIBLE
INDIGENT JUVENILES
This contract, which is effective upon execution by the Brazos County
Commissioners Court, is between Gendron and Thibodeaux referred to as "Contractors" and
Brazos County, a political subdivision of the State of Texas "County."
This contract supersedes any and all earlier contracts between these parties for the
specified services.
WHEREAS, Texas law mandates the provision of legal representation for juvenile
indigents accused of a crime; and
WHEREAS, pursuant to controlling state and/or federal law, the sum provided for
therein may be determined by contract between the County and responsible attorneys; and
WHEREAS, Contractors are attorneys who are qualified by reason of education,
professional accreditation, experience, preparation, equipment, organization, staffing and
facilities to provide the services contemplated by this contract on behalf of the County; and
WHEREAS, the County has determined that the program contemplated herein to be
performed by Contractor is within its legal authority to grant and will provide competent
legal representation to indigent juvenile citizens financially unable to employ counsel; and
WHEREAS, the Appointing Authority is the committee of judges comprised of the
85th District Court Judge, 361st District Court Judge, 272nd District Court Judge, Judge of
County Court at Law #1, and Judge of County Court at Law #2; and
WHEREAS, it is in the public interest that the County contract with Contractor to
render the usual and customary legal services where required by law to be provided to
juvenile individuals,
NOW, THEREFORE, the parties hereto agree:
TERM OF CONTRACT
The Contractors will begin accepting appointments under this Contract to represent
indigent juveniles on October 1, 2015, and will cease to be appointed to cases after
September 30, 2016, unless a contract is renewed between the County and the Contractors
before October 1, 2016. The Contract may be extended as provided in Proposal Request No.
2015-59 Section "Procedures for Renewal of Contract' incorporated and attached hereto.
Contract for Legal Representation of Eligible Indigent Juveniles'---- -- 1 —
II.
SCOPE OF CONTRACT
Legal representation shall be provided as detailed in Request No. 2015-59. Beginning
on the start date of this contract, the Contractors will be jointly appointed counsel to
criminally accused juveniles from indigent families.
III.
MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF
REPRESENTATION
The minimum attorney qualifications shall be as specified in Request No. 2015-59.
The Contractors shall provide zealous legal services to all clients in a professional, skilled
manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional
Conduct.
IV.
DURATION OF REPRESENTATION
The Contractors have the responsibility to complete all cases once representation is
commenced during the term of the contract.
V.
SUBSTITUTION OF ATTORNEYS
The Contractors shall be substituted only according to the terms as specified in Request No.
2015-59.
VI.
CASELOAD LIMITATIONS
The maximum number hearings that each attorney is allowed to perform under this
Contract are seventy (70) hearings per week.
VII.
CONFLICTS OF INTEREST
The procedures for dealing with conflicts of interest as specified in Request No.
2015-59 shall be followed.
VIII.
INVESTIGATORS AND EXPERTS / EXPENSES
Pursuant to Request No. 2015-59, the Contractors will be solely responsible for all
routine expenses associated with the representation of indigent juveniles to which appointed.
Contract for Legal Representation of Eligible Indigent Juveniles
There shall be no additional compensation or reimbursement due on any case without the
express, written approval of the Juvenile Court having jurisdiction over the case.
IX.
COMPENSATION AND PAYMENT PROCESSES
The sum TWO HUNDRED FIVE THOUSAND and no./1.00 DOLLARS
($205,000.00) is to be paid to the Contractors in twelve (12) equal installments of
SEVENTEEN THOUSAND AND EIGHTY THREE and .83/1.00 DOLLARS ($17,083.33)
on the 1st of each month beginning November 1, 2015, and continuing thereafter until
October 1, 2016. Payment shall be made as specified in Request No. 2015-59 according to
the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent
Juvenile Operating Account" unless otherwise specified by the Contractors. For cases
assigned but not disposed within the term of the contract, the Contractors shall be
compensated according to the regular schedule of fees for services provided to attorneys
representing indigent juvenile clients.
X.
REPRESENTATION
1. The Contractors reserve the right to designate which attorney shall perform the various
aspects of the representation of indigent juveniles.
2. Contractor's legal representation shall be of sufficient quality to meet all constitutional,
statutory and case law requirements.
3. Contractor(s) shall complete all legal representation and support services for indigent
juvenile individuals if properly appointed to represent such accused consistent with Texas
law. Such services shall include but not be limited to:
• all necessary court appearances.
• legal research.
• investigative services if necessary
• services of an interpreter which are required outside of court.
• preparation and necessary appearances in pretrial or during trial writ
proceedings.
• preparation of briefs and other necessary Legal documents.
• defense -required court reporter transcripts not statutorily mandated.
• assistance to indigents in filing notice of appeal and other legal
documents pursuant to Contractor's representation.
4. Contractor(s) shall render all professional legal services reasonably required from the time
of appointment to and including final adjudication or disposition in the Juvenile Court and, as
necessary, filing notice of appeal, if any, and other legal documents pertaining thereto.
Contract for Legal Representation of Eligible Indigent Juveniles
[--_
3,
vol. a %— �'`��lJ
5. Contractor shall maintain all appropriate attorney case records and shall assure prompt
inspection or transmission of copies of same upon order of the Court to any successor
Contractor or private counsel on appeal regarding active cases or to the person represented.
XI.
INDEPENDENT CONTRACTOR
1. The parties agree that this contract does not create the relationship of attorney and client
nor employee and employer between Contractors and the County. Contractors are
independent contractors at all times.
2. Each Contractor shall at all times be, deemed independent and shall be wholly responsible
for the manner in which it performs the service required by the terms of this contract.
3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors,
associates and employees relative to the services provided during the term and scope of their
employment.
4. Each Contractor shall not delegate nor assign any rights or obligations hereunder, either in
whole or in part, without prior written consent of the appointing committee and the County.
XII.
INDEMNIFICATION
Contractors each agree to indemnify, defend, and save harmless the County and to
procure and maintain professional liability insurance.
XIII.
RIGHT OF TERMINATION
1. This contract can be terminated upon thirty (30) days written notice by or to the County.
2. Notwithstanding paragraph (1.) above, failure of either Contractor to comply with the
terms of this contract and any reasonable directions by, or on behalf of the County, pursuant
thereto, shall constitute a material breach of the contract by Contractor, and, in addition to
any other remedy authorized by law, the County shall have the right to terminate the contract
immediately. Failure to exercise this right of termination shall not constitute waiver of such
right, which may be exercised at any subsequent time. This contract may be terminated, at
the option of the County, upon the occurrence of any of the following:
a. Violation of any material provisions of the contract;
b. Institution of proceedings by, or against, Contractor pursuant to the bankruptcy laws
of the United States;
Contract for Legal Representation of Eligible Indigent Juveniles 4
C. Suspension of business operations, failure or receivership of Contractor(s)
d. Assignment of the contract without prior written approval;
C. The institution of disciplinary proceedings against either Contractor by the State Bar
of Texas
f The commencement of criminal prosecution of either Contractor or
g. Cancellation or other discontinuance of malpractice insurance liability coverage.
3. Upon expiration or termination (by cancellation or otherwise), unless specifically
relieved by the Courts, each Contractor shall be required to complete representation of all
clients in all cases where previously appointed by the Court.
XIV.
RIGHT OF AUDIT
Contractors will provide to the County Auditor written information regarding hearing
outcomes on respective assigned cases every thirty days prior to receiving a disbursement for
services performed therein.
XV.
RECORDS RETENTION
Each Contractor shall maintain for a minimum of five (5) years past the date of final
payment under this Agreement or until the Juvenile's 21st birthday, whichever occurs later,
all records and supporting documents pertaining to Contractor's respective assigned cases.
XVI.
GOVERNING LAW AND VENUE:
The validity of the Agreement and all matters pertaining thereto shall be governed
and determined by the Constitution and the laws of the State of Texas. Venue for any suit
filed against Brazos County shall be Brazos County.
XVII.
NOTICE
Except where oral notice is specifically allowed or required under this Agreement,
any notice provided hereunder by any party to another shall be in writing and may be either
(1) delivered by hand to the party or the party's designated agent; (2) deposited in the United
States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail
transmission, or (5) delivered by a reputable courier service.
Contract for Legal Representation of Eligible Indigent Juveniles 5
Vol. ��, _ Pg.
XVIII.
SEVERABILITY
In the event that a court finds any provision of this Agreement invalid and/or
unenforceable, both parties agree the remaining provisions shall remain valid and in force.
XIX.
ADDITIONAL TERMS
1. Incorporation of RFO No. 2015-59 Any other requirements of Request No. 2011-33 that
are not specifically noted in this Contract are incorporated into this Contract.
Contract for Legal Representation of Eligible Indigent Juveniles
6
Vol. o�%_ Pg
2. Available Funds Contractors expressly acknowledge that all monies paid pursuant to this
Agreement shall be paid from budgeted available finds for the current fiscal year of the
County.
3. Open Meetings The meetings at which this Agreement was approved by the Participants'
governing boards were posted and held in accordance with the Texas Open Meetings Act,
Texas Government Code Chapter 551.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of
the date executed by County.
TEXAS
Duane Peters, County Judge
hC5-
/0b;r7lfs
Date: /U dU ! 1 -5 -
Date: to. 17 ( / 2 J
Contract for Legal Representation of Eligible Indigent Juveniles 7
Vol.
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 27, 2015
SUBJECT: Utility Permit — Wickson Creek Special Utility District
Consider and take action on the Wickson Creek Special Utility District utility permit
to construct a road bore for a 1 -inch water line crossing under Andert Road 480 feet
Northwest of Old Reliance Road. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
APPROVED BY:
"-5arw4y Ca ena
Commissioner Precinct 2
Duane Peters, County Judge
DATE:
ers, Court
Vol. _02 a _ Pg _ -�I
1
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SUD
[company name), hereinafter referred to as "Company" a TEXAS UTILITY
[state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate
a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing CHECK ONE)
Bored Jacked Driven
Cascd
ANDERT ROAD 40' X
X
Facility to Parallel Countv Road Within Riehi-Of-Wav
Road Name and Block
Number From To Depth Distance
CONSTRUCTION TYPE
1" Diameter Wall Thickness 1 1/2" Encasement Pipe
Material Specification PVC
Maximum Operation Pressure SO PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within I working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60"' day, Company will he required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the Fling of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at thejob site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol.—.2 �7 %
expense arising in any maturer on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
Lr the event Compmty fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsihility for
damages andlor destruction of lines, cables, etc, based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the lertns of this policy, Applicant stipulates that
requisites far injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contray to the policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at mty time, in the sole
discretion of Brazos County, for iutteresis of public health, safety or welfare, o• for failure to repair any damages
upon demand, o• for any other reason deemed sufficient by Brazos County.
In the event Counpany fails to comply with any or all of the requirements as set forth herein, the County anay take
such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Conipany.
Failure to obtain this permit and/o• notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
WICKSON CREEK SPECIAL UTILITY DISTRICT
Company Name
By2
Signature
GENERAL MANAGER
Title
P.O. BOX 4756
Address
BRYAN, TX. 77805
City State Zip
(979)589-3030
Phone Number
watson@wicksoncreek.com
Email:
Pg.�Z2%�
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated /a --a — i5 except as noted below:
EXCEPTIONS:
Oh G
(Month/Day/Year)
Brazos County Engineer
TYPICAL UTILITY CROSSING DETAIL
COMPLETE: North Arrow Direction, Name of Closest Road, Distance to Closest Road, Current Road Width,
Current Right of Way Width, Minimum Cover at Centerline
�and Ditches,
and Pipe and Casing Information.
�
Closest Road Intersection = •> t,m
Distance to Nearest Intersection =_s •�W Draw North Arrow
I i
I I
I
i Skew=
Prop. Crossing Location
i
i
I i i
I
Road Width =
• ,� r
Right of Way Width =40
PLAN VIEW
Mirl. Cover=_ Min. Co er=_ Min Cover=
Cashing 4 p Pipe tt
Size=_L Size=�
Wall Thick = Wall Thick =
Length =
ELEVATION VIEW
Name of Road for Crossing r`•x`^
Company W o C—%t— VV'� LXD•
Submitted by L`—� dcrW MGy--
Date �Q W Is
Vol. �o? t'g--4�7
voi. � 7 ���._as�o_.
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
I . Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
All underground installations shall (these are minimum depths— utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of ttte pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) incites below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power
-0 to 2 feet, nominally I'
Phone
— 2 to 4 feet, nominally 3'
Gas —
4 to 6 feet, nominally 5'
Cable —
6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 (tours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
EoE,2 Z Pg._ 73
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above,
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Enrerzency work
I. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch erade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer. )
Vol. __� '9 _�/
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BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 27, 2015.
SUBJECT: Utility Permit- Wickson Creek Special Utility District
Consider and take action on the Wickson Creek Special Utility District utility permit
to construct a road bore for a 1 -inch water line crossing under Long Trussel Road 0.2
mile Southeast of Cobb Road. Line will provide service to customer at 11755 Long
Trussel Road. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
APPROVED BY:
SafnMy Cvdena
Commissioner Precinct 2
Duane Peters, County Judge
DATE: )0/-Z-7 /15
Vol. _✓ �17 pcg
niers' Court
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SUD
[company name], hereinafter referred to as "Company" a TEXAS UTILITY
[stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate
a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing CHECK ONE
BoredJacked
Driven Cased
Trussel Rd 60' X
X
Facility to Parallel County Road Within Right-0f-Wav
Road Name and Block
Number From To Depth Distance
CONSTRUCTION TYPE
1" Diameter Wall Thickness 1 1/2" Encasement Pipe
Material Specification PVC
Maximum Operation Pressure 80 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 1 working days. (COMPANY MUST FILL II). If such
construction is not begun by the 60°i day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol --A," 7 , Pg, :?0
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assuaes all financial responsibilityfor
damages andlor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terns of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit. Brazos Corrnly reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or wefare, or for failure to repair any danages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may lake
such action as it deeuhs appropriate to connpel compliance. The County Engineer farther retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job slnddovrr_
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
WICKSON CREEK SPECIAL UTILITY DISTRICT
Company Name
Signature
.GENERAL MANAGER
Title
.Q -Q. BOX 4756
Address
$RVAN� TX 77805
City State Zip
(979)589-3030
Phone Number
Watson@wicksoncreek.com
Email
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated /0 — a — ( (�— except as noted below:
EXCEPTIONS:
aka
(Month/Day/Year)
Q LJ0, �
- Brazos County Engineer
Vol., _o`Z % pg._�SII�
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Vol. pg, OZ5—/-
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD,
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Desien Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power— 0 to 2 feet, nominally V
Phone — 2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable -6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
Fj:,;2 %_ Pg. -Z
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and(or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Enrereencr work
t. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 27, 2015
SUBJECT: Temporary Utility Permit — Halcon Resources
Consider and take action on the Halcon Resources utility permit to install temporary 10"
aluminum water line within and along the right-of-way of Reed lane and Dilly Shaw Tap
Road. Project will provide water to oil well. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request
APPROVED BY:
yl
y Ca ena
Commissioner Precinct 2
Commissioners' Court
Duane Peters, County Judge
DATE: 60/�7 f/S
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APPLICA'T'ION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY. TEXAS
Pursuant to the 'Texas Utility Code, Section 181.024, comes now Halcon Resources [company name],
hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas,
acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay,
construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as
shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing_ CHECK ONE
Bored Jacked Driven Cased
Facility to Parallel County Road Within Richt-Of-Way
Road Name and Block
Number
Front
To
Depth Distance
Recd Lane
30°44'24.59'N
130°43'49.03"N
On Surface 75 Miles
96021'27.24"W
96°21'08.17W
Dill Shaw Ta Road
30043'49 03"N
N;43'38.31"N
On Surface .30 Miles
96°21'08.17"W
96021'19.27"W
CONSTRUCTION TYPE,
10" Diameter Wall Thickness PROJECT WILL LAY 10" ALUMINUM
Material Specification Aluminum
Maximum Operation Pressure 50 PSI
WATER LINE THRU CULVERT AND
ALONG COUNTY RIGHT OF WAY
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60's day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the.exercise or attempted exercise by swid Bolder of the aforesaid rights
and privileges. 7 �'i}
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor
damages and/or destruction of lines, cables, etc, based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to lire policies.
This permit is a revocable permit Brazos County reserves lite right to revoke this permit at ally lime, in the sole
discretion of Brazos County, for interests of public health, safety or wedfnre, or for failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as ser forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engineer further retains file right to revoke
this Permit by verbal notification to the ApplicanUCompmry.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, 1 certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit. 11
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Company Name
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Email:
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated except as noted below:
EXCEPTIONS:
one
(Month/DayNear)
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
I . Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration ofthejob. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must he made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Vol. _a %-- Py. -!o✓ _
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at thejob site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
All underground installations shall (these are minimum depths— utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power — 0 to 2 feet, nominally I'
Phone — 2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable — 6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations; �__
Elo�-
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c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on tite traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emereencv work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
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shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
R Repairs to evistinff facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
r.
6. Natural Gas Distribution is a line that serves the final customer. u'01 �^ �/ 'g - ��
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BRAZOS COUNTY, TEXAS
BUDGET ANIENDAIENT(S) FOR THE 2014-2015 BUDGET YEAR
NO. 14/15 55.1 - 55.2
On this the 27th day of October 2015 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
13. Lloyd Wassermann, Commissioner. Precinct I
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
1'. Karen ;McQueen, County Clerk
The following proceedings were held:
THAT BVI I E REAS, on 27th day of October 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 orieinal budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 27th day of October 2015.
THE CO\1\IISSIONERS COURT OF BRAZOS COUNI'1', TEXAS.
E :
13 v:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
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D e. r '10!22/2015
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 55.1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 55.2
10/27/2015
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 30301100 71119000 CR Janitorial Services 343.00
0100 30301100 618S0000 DR Utilities 343.00
Consmnlc Pct. #3
Reallocation of funds to cover the MIMICS ores res for FV 2015.
Pg.. 2 %�-
13RAZOS COUNTY, TEXAS
BUDGET ANIENDNIENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15/16 5.1-5.7
On this the 27th day ofOctober 2015 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
13. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
I:. from Cauley, Commissioner, Precinct 4
P. Karen McQueen, County Clerk
The following proceedings were held:
'T'HA'I' WI1 E.REAS, on 27th day of October 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 3 September 2015, 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 October 2015.
THE COMMISSIONEIRS COURT OF BRAZOS COUNTY, TEXAS.
13,
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. pg.
— — -- - J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 5.1
10/27/2015
FUND DIV ACCT
PROJ DR/CR ACCOUNT NAME
Increase Decrease
4500 63000500 50390000
CR Vehicles
422,500.00
4500 63000500 50239000
DR Equi ment - R&B
227,725.00
4500 63000500 50595600
UR Vehicles -12&B
195,075.00
General Capital Projects - R&B
Reallocation of funds to purchase a chip spread r and asphalt distributor truck for Road & Bridge.
Vol. v2•�7 -Pg _ X71
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 5.2
10/27/2015
FUND DIV ACCT
PROJ DR/CR
ACCOUNT NAME
Increase Decrease
0100 11003000 73265000
CR
Brun EMS Protection
1,797.40
0100 11003000 61450000
DR
Nliseellancous Expend.
797.40
0100 11003000 71500000
DR
Rental Equipment
1,000.00
Couniv Fire Proteclion
Reallocation of funds to cover for the rented trackhoe and the purchase of Class A Foam for the fire held at A
Wieland Tire on 10/20/2015.
7 Pg._73_ l
4500
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 • 5.3
Other
F
l.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 5.4
10/27/2015
FUNDI DIV I ACCT PROD I DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80287000 CR Eiiaipment- Other 8.100.00
4500 63000600 65051000 DR Air Cond/Heating Maint. 8,100.00
General Capital Projects - Facilities Dlaint.
Reallocation offunds to cover for the cost for the replacement of the H VAC Control at the Juvenile Detention Center.
Evol __ 7 dg, a 7.5'J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 5.5
1/5/1900
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency 856.00
0100 11002000 73410000 DR Easterwood Air)on 856.00
General Fund Contin gencv and Community Su ort -Easterwood Airport
Reallocation of fiords I'or the approved Easterwood Air ort contract cost for FY M.
Eo _�r -7 2� rig
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 5.6
10127/2015
FUND DIV ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease
1100 11002500 80286000 CR E ui ment - Other 3,164.55
1100 1100'_500 60500000 DR E ui ment & IT Enhancement 3.164.55
I F-
FIOT Funds
Reallocation of funds to urchase %lite y -Lite ban uet tables and storage can.
Eol�7-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 5.7
10/27/2015
FUND
DIV
ACCT
PROJ DR/CR
ACCOUNT NAME
Increase Decrease
4500
63000300
67203000
CR
,blinorComputer Hardware
2.306.42
4500
63000300
60500000
CR
Equipment S IT Enhancement
846.20
4500
63000300
60211000
DR
Sofware - nota_
1.213.60
4500
63000300
67670000
DR
Printers
1.092.82
4500
63000300
67342000
DR
Furniture
354.80
4500
63000300
67286000
DR
Equipment - Other
491.40
Fleet Taint Ruildim
Reallocation
of Ponds to purchase IT eq ui tment, shelfs and tire racks for the Feet %claintmance Shop.
Vol,
Laura Taylor Davis
Brazos County Treasurer
ldavisOO ce.hrazos.tr us
DATE: 10/16/2015
TO: Hon. Duane Peters, County Judge
Hon. Lloyd Wassermann, Commissioner
Hon. Sammy Catalina, Commissioner
Hon. Kenny Mallard, Commissioner
Hon. Irma Cauley, Commissioner
Candy Gallego, Administrative Assistant
A
200 S. Texas Avenue, Ste 240
Bryan, Texas 77808
Tel:.97M61-4846
EDG D
s�.
S
Duane Peters Date
FROM: Laura Taylor Davis, County Treasurer County Judge
RE: Quarter Ending 09/30/2015 Investment Report
This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which
requires quarterly reporting of investment transactions to the Commissioners' Court.
The Brazos County Investment portfolio earned an average yield of 0.0733% on the quarterly overage
balance of $2,352,794.60 invested with TeXPool for the period ending 09/30/2015. Investment interest
deposited during the quarter was $433.30. Total year to date interest deposited was $1,216.62. Year to date
average interest yield was 0.0525%. Actual ending balance invested at 09/30/2015 was $2,352,951.88.
The average rate of interest earned on the depository checking account balances for the quarter ending
09/30/2015 was 0.251/6 netting $54,057.71 for the quarter end on an average depository investable balance
of $85,681,051.38. Total year to date interest earned was $221,878.65.
Total interest earned for quarter ending 09/30/2015 was $54,491.01 for a total year- to
- date of balance of $223,095.27.
Investment Strategy
The Brazos County Investment Strategy will remain unchanged, keeping investments very short -termed &
liquid. With the safety of principal as the foremost objective of the County's investment policy followed by
liquidity and yield - it seems prudent to continue keeping the majority, of available funds in the Counts
depository where all funds are 110% collateralized. With the Brazos County depository contract Brazos
County earns a fixed rate of 0.25% on the funds held in the checking accounts for the term of the contract.
As a source of information on the market, attached to this report is a copy of the 09/21/2015 Funds
Management Group, Inc. - Money Market Rate Review and commentary.
For diversification the County has an investment account with TexPool that provides the safety of an
overnight market.
Summary of Portfolio Changes
The deposit of interest is the only portfolio change to balances at this time and the Weighted Average
Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at
Branch Banking h Trust.
FY 2015 INTEREST RATES AND EARNINGS BY MONTH
YTD TOTALS 1,216.62 0.0525 221,878.65 0.2500
TexPool
Interest
Cking Acct
Earnings
Interest
Rate
Interest
Credit Rate
October 2014
53.46
0,0300
14,996.89
0.2500
November 2014
55.17
0.0300
14,394.82
0.2500
December 2014
83.48
0,0400
15,542,79
0.2500
Q/E 12/31/2014
192.11
0,0333
44,934,50
0.2500
January 2015
92.88
0.0500
20,689.36
0,2500
February 2015
79.54
0.0400
20,836.14
0.2500
March 2015
95.89
0.0500
21,915.49
0.2500
Q/E 03/31/2015
268.31
0.0467
63,440.99
0.2500
April 2015
101.29
0.0500
20,290.68
0.2500
May 2015
110.46
0.0600
20,358.88
0.2500
June 2015
111.15
0.0600
18,795.89
0.2500
Q/E 06/30/2015
322.90
0.0567
59,445.45
0.2500
July 2015
125.83
0.0600
19,766.47
0.2500
August 2015
143.08
0.0700
18,693.52
0.2500
September 2015
164.39
0.0900
15,597.72
0,2500
Q/E 09/30/2015
433.30
0.0733
54,057.71
0.2500
YTD TOTALS 1,216.62 0.0525 221,878.65 0.2500
Attached are the following reports:
1) Cost Amount Summary of Investments by Fund
2) TexPool Quarter End Activity Report
3) Investments by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to the
Investment Policy of Brazos County and is being managed under the investment strategy of said policy as
apgro�ed by tAe Commi�_sioner's Court of Brazos County.
Taylor Daft, County Treasurer, CIO
White, Chief Deputy Treasurer, CIO
to /r,
Date
ID /i4, J-UIff '
Date
PCA'_
FUNDS MANAGEMENT
GROUP, INC.
4617 Montrose Blvd, Suite 0202 • Houston, Texas 77006" (713) 626-5741 • 1-800-683-3644 • FAX (713) 626.5742
MONEYMARKET RATE REVIEW
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09/18/15
0.04%
-0.009%
0.024%
0.193%
0.741%
0.140%
0.149%
09/11/15
0.040/a
0.011%
0.026%
0.245%
0.730%
0.140%
0.160%
09/04/15
0.04%
0.000%
0.020%
0.242%
0.712%
0.131%
0.197%
08128/15
0.040/a
0.015%
0.020%
0.205%
0.651%
0.1460/6
0.149%
AVERAGE
0.04%
0.004%
0.023%
0.221%
0.709%
0.139%
0.164%
i CashhAccountTrustGovernmentSecuritiesPortfolio -SEC Registered Money Market Fund for Public Funds -Past Performance
does not indicate fbture results
'6 Rates as reported on Bloomberg
"THE FED: MUCHADO ABOUT NOTHING"
The widely anticipated September meeting of the Federal Open Market Committee resulted in much verbiage
to support no change. Expectations were fairly wide -spread that the FOMc would hike the Fed funds rate
target by 0.25%, moving us out of this 0% rate environment for the fust time in some seven years. Bond
market yields, particularly in the short -end, had already pretty much "priced in" that expectation, with the two
year Treasury note jumping above 0.80% before the meeting's conclusion and press conference. As chair
Yellen announced the meeting results, that yield dropped back down to 0.65% almost instantaneously.
In summary, the FOMC said that the U.S. economy was pretty much on course for improvement by virtually
all measures; but potential further economic deterioration and market disruptions in China and emerging
market countries argued for continued monetary policy accommodation - and a 0% rate environment - in the
U.S.
Whether we agree with this posture or not, it is going to prevail for (probably) at least another three months.
In this environment, liquidity portfolio managers must continue to concentrate on safety/security, liquidity,
and yield - in that order. There remains no measurable reward for maturity extension or credit diminution in
the portfolio. We conclude that FICA, our FDIC insured deposit program, still paying a 0.13% net rate to our
clients, is an optimal portfolio component For daily liquidity, our SEC registered money market fund, Cash
Account Trost, is still paying 0.04%.
9/21115
Bob Ross
Joan Alexander
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TEXPOOL QUARTER ENDING 09/3012015 ACTIVITY REPORT
FUND I - POOLED FUND GROUP
DATE
DESC.
GENERAL FUND
EXPO. COMPLEX
TOTAL
-ol.,! A. ......
. .... ....l
.
58
I -
2,35 Ta 58"
07/31/15
Jul
125.83
Jul 14 :J
1:
�2,,354(544-1 T,
-2,3 41`�
.52 644.
08/31115
August Interest
$
143,08
V A
43 1
2; 5 ;787.,49,:..,$.**'*
3 2'
1-: zw,
2 3--49 J.
5ZTl
09130115
September Interest
164.39
S e ptd fifibb f: Balance
Pg, Vol.
0— — — — —2e Z— —
INVESTMENTS BYFUND GROUP AND STRATEGY TYPE
FUND 1 - POOLED FUND GROUP
General Fund $ 2,352,951.88
Health Endowment Fund $
State Lateral Road $
Courthouse Security $
� �Sfrate9Y Yf?e r APERATING FUNDSg 188
General Obligation Debt Svc. $
,Strate9YTYPe_..., a x .MAP SERVlCE;EUNDS��
General Permanent Impv. $
Exposition Center Fund $
NW10 TYi?e`.. SPECIAL P,RbJ &;PERM IMFV DEBT G:
.rr red '' ... Ezra a: { Y✓k L'f r ... _ �. �� . �. "rT v �
�^��,,-��;,� �.,. �.,� , ,-, ,;,_.. �-�_ �F•Fund,1,y GroUp.,':Totals�, ..c�..�.t,�.?.35 ,957�88A.
BOOK VALUE OF ALL INVESTED FUNDS AS OF September 2015 $ 2,352,951.88