HomeMy WebLinkAbout2015-12-15 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
'1OI5 C1EC I I A II: 02
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
J -D 0v
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON DECEMBER 15, 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 Judge
Peters
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 - 23:
3. Resolution 15-022 honoring Brazos County Risk Manager. Bill Jeanes.
q, Reappointment of the following as fire commissioners for Brazos County Emergency Service District
#2; tern of appointments are 1/112016 to 1213112017:
• a Layton Wlemers
• In Lloyd Scasta
$. Request for Out of State Travel for Lt Stuart to participate in the IDIS Institute Corrections Technology
Forum in Arlington Vrginia Dates of travel are December 11 -13 2015. All travel costs will be
reimbursed by the IDIS Institute.
g. Request from the Information Technology Department for Out -of -State Travel for Eric Caldwell to attend
the Trilrech TriCon 2016 Conference in San Diego California Dates of travel are February 28 -March 2.
2016.
7, Renewal of participation in the Texas Association Risk Management Pool's Workers' Compensation
program.
8, Economic Development Agreement between Brazos County and the CS Science Park LLC
Vol.
9. Approval of order exempting the contract with Singleton Zimmer and Haliburton from competitive
solicitation pursuant to the Local Government Code 262.024 (a)(4).
10. Approval of contract with Singleton Zimmer & Haliburton for design of Expo expansion. Phase III.
11. Approval of contract with Mitchell & Morgan for civil design work associated with the expansion of the
Expo- Phase III.
12. Permission to advertise the following bids:
• a Bid # 2016-134 Road Signs and Sign Posts
• b Bid # 2016 145 Crack Seat -Cleaning and Sealing Joints and Cracks on County Roads
13. Award of bid contract #,2016-022, Tree Trimming and Removal Services.
14. Award and approval of contract for RFP # 2016.52 Inmate Teiephone Services Der the recommendation
of approved committee.
15. Consider and take action on the Wellborn Special Utility District utility permitto construct a road bore
for a 2 -inch water line crossing under Straub Road 720 feet East of Thousand Oaks Road. Line will
provide service to customer at 5701 Straub Road. Site is located in Precinct 1.
16. Final Plat of Lots 37R1 and 37R2 of the Green Branch Ridge Subdivision Phase Four (4)• Being a
Replat of Lot 37 of the Green Branch Ridge Subdivision Phase Four; 4.66 Acres: Richardson Perry
Survey A-44• (Bryan ETJ) Brazos County Texas. Site Is located in Precinct 2.
17. Approval of the Treasurer's Report for October 2015
18, Tax Refund Applications for the following:
• a Brazos Revenue Distribution Account -overpayment -S432.63
• b Brazos Revenue Distribution Account-overpaVment-$1506.76
• c William W Moore -overpayment -$9.33
• d Giti Financial -overpayment -535.87
• e James Kisthardt-overpayment-$16.17
• f. Wes Neal. Jr.overpavmentS10.00
• g Everett Oban)on-overpayment51 B.52
19. Budget Amendments.
Budget Amendments FY 15/16 12.1-12.5
20. Personnel Change of Status.
Personnel Action Forms
21. Payment of Claims.
22. Convene into the following Executive Sessions
a. Executive Session pursuant to Texas Government Code 551.071 to consult with
attorney about pending or contemplated litigation and/or a settlement offer.
b. Executive Session pursuant to Texas Government Code 551.074 to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
the position of Risk Manager.
c. Executive Session pursuant to Texas Government code 551.087 to discuss or
deliberate economic development negotiations.
23. Consider and possible action on Executive Sessions.
24. Sheriffs report on inmate population.
Vol. _a ,2 % Pg• -j WK
25. Announcement of interest items and possible future agenda topics.
26. Call for Citizen input and/or concerns.
27. Adjourn.
F 02JO
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PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are Invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court Is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 1B of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 31.024 of the Texas Local Government Code, Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court Shall conduct themselves with proper respect and
decorum in speaking to, and/or addressing the Court; in participating In public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired andlor who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a hotly, or any member or members of the Court, or County employees, individually or collectively
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence
and/or racial, ethnic or gentler slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1 cancellation of a speakers time:
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
underthe Constitution, Statutes and Codes of the Stateof Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the p'.ihlished agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Cour- However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Ad ?
551.042.
INVOCATION
Any invocation that may be offered before the oYcia) start of the Court meeting shall be to and for the benefit of the Court The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required
to attend or participate In the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting, To make arrangements, please call (979) 381-4102
vul. _a_a / P9. TJ
BRAZOS COUNTY
BRYANJEXAS
MINUTES
December 15, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
R - Signature Page.pdf
C File Stamped Agenda.pdf
CH Sian 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, December 15,
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 Judge Peters
Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 23:
3. Resolution 15-022 honoring Brazos County Risk Manager, Bill Jeanes.
Vol.
0 Item 3.pdf
The Court voted unanimously to adopt Resolution 15-022 honoring Bill Jeanes. The Court
takes this opportunity to honor Bill Jeanes for his many years of outstanding service to Brazos
County as Risk Manager. The County Judge then presented the resolution to Mr. Jeanes and
wished him the very best in his retirement.
Mr. Jeanes thanked the Court and said he has enjoyed serving Brazos County.
A copy of the resolution is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Reappointment of the following as fire commissioners for Brazos County Emergency Service
District #2; term of appointments are 1/1/2016 to 12/31/2017:
Layton Wiemers
Lloyd Scasta
• Item 4.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Request for Out of State Travel for Lt. Stuart to participate in the IDIS Institute Corrections
Technology Forum in Arlington, Virginia. Dates of travel are December 11 - 13, 2015. All
travel costs will be reimbursed by the IDIS Institute.
Item 5.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
6. Request from the Information Technology Department for Out -of -State Travel for Eric Caldwell
to attend the TriTech TriCon 2016 Conference in San Diego, California. Dates of travel
are February 28 - March 2, 2016.
IU Item 6.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Renewal of participation in the Texas Association Risk Management Pool's Workers'
Compensation program.
0 Item 7.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Economic Development Agreement between Brazos County and the CS Science Park, LLC.
IL-'- Item 8.pd(
Natalie Ruiz with the City of College Station explained the agreement and the plan to add new
industries to the CS Science Park. Ms. Ruiz stated that there are a few smaller businesses
also interested in the area.
Vol.
A copy of the agreement is attached
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 0-0.
Approval of order exempting the contract with Singleton, Zimmer and Haliburton from
competitive solicitation pursuant to the Local Government Code 262.024 (a)(4).
0 Item 9.odf
Commissioner Cauley asked Purchasing Agent Charles Wendt for his interpretation of the law
and if the attorney was qualified to be exempt.
Mr. Wendt explained the law and said that the attorney was qualified according to an Attorney
General opinion.
A copy of the order is attached.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Approval of contract with Singleton, Zimmer & Haliburton for design of Expo expansion, Phase
III.
0 Item 10.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 .
11. Approval of contract with Mitchell & Morgan for civil design work associated with the expansion
of the Expo- Phase III.
0 Item 11.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 .
12. Permission to advertise the following bids:
. a. Bid # 2016-134 Road Signs and Sign Posts
. b. Bid # 2016-145 Crack Seal -Cleaning and Sealing Joints and Cracks on County Roads
U Item 12.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
13. Award of bid contract # 2016-022, Tree Trimming and Removal Services.
IM Item 13.0(
The Court voted unanimously to accept the recommendation of the Purchasing Agent and
awarded Bid Contract 2016-022 Tree Trimming and Removal Services to Prime Trees Inc.
A copy of the bid tabulation sheet and contract is attached.
Vol._0�02__7 Pg. a✓�3
Commissioner Cauley asked Charles Wendt if this is the same company that was previously
contracted and if they were the lowest bid.
Mr. Wendt stated that it is not the same company and that Prime Trees Inc. submitted the
lowest bid.
Commissioner Cauley also asked if there were issues with the previous company.
Mr. Wendt explained that there were some issues with subcontractors and that is why a
decision not to renew the previous contract was made.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
14. Award and approval of contract for RFP # 2015-52 Inmate Telephone Services per the
recommendation of approved committee.
tM Item 14.0
The Court voted unanimously to accept the recommendation of the Purchasing Agent and
awarded Bid Contract 2015-52 Inmate Telephone Services to Infinity Network and approved
the contract. A copy of the bid tabulation sheet and contract is attached.
Purchasing Agent Charles Wendt mentioned that a revision was made to the bid tabulation
sheet but it did not change the outcome of the bids.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
15. Consider and take action on the Wellborn Special Utility District utility permit to construct a road
bore for a 2 -inch water line crossing under Straub Road 720 feet East of Thousand Oaks
Road. Line will provide service to customer at 5701 Straub Road. Site is located in Precinct 1.
0- Item 15.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters,
Wassermann .
16. Final Plat of Lots 37R1 and 37R2 of the Green Branch Ridge Subdivision Phase Four (4);
Being a Replat of Lot 37 of the Green Branch Ridge Subdivision Phase Four, 4.66 Acres;
Richardson Perry Survey, A-44; (Bryan ETJ) Brazos County, Texas. Site is located in Precinct
2,
0- Item 16.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Approval of the Treasurer's Report for October 2015.
2, Item 17.1)df
The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's
report for October 2015. A copy is attached and made a part of these minutes.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Tax Refund Applications for the following:
Vol. %Pg
. a. Brazos Revenue Distribution Account -overpayment -$432.63
• b. Brazos Revenue Distribution Account -overpayment -$1506.76
. c. William W. Moore -overpayment -$9.33
. d. Citi Financial -overpayment -$35.87
. e. James Kisthardt-overpayment-$16.17
. f. Wes Neal, Jr. -overpayment -$10.00
. g. Everett Obanion-overpayment-$18.52
0 Item 18,pd(
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy
Catalena. Passed. 0-0.
19. Budget Amendments.
Budget Amendments FY 15/16 12.1 - 12.5
IL- Item 19.pdf
12.1 To recognize a monetary donation made to the Juvenile Detention Center.
12.2 Reallocate funds for Fleet Maintenance.
12.3 Reallocate funds for General Capital Improvement - Sheriffs Office.
12.4 Reallocate funds for General Capital Improvement - Constable, Precinct 4.
12.5 Reallocate funds for the Bail Bond Board Fees.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
20. Personnel Change of Status.
Personnel Action Forms
0 Item 20.pdf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
21. Payment of Claims.
0 BILL LIST 12.15.15.pdf
- Claims Sheet.pdf
7139532-7139783
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
22. Convene into the following Executive Sessions:
a. Executive Session pursuant to Texas Government Code 551.071 to consult with
attorney about pending or contemplated litigation and/or a settlement offer.
b. Executive Session pursuant to Texas Government Code 551.074 to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
the position of Risk Manager.
c. Executive Session pursuant to Texas Government code 551.087 to discuss or
deliberate economic development negotiations.
Vol. _ o�� % PgAir
-
At this point, the County Judge announced the Court would consider items 24 through 26 then
return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:26 a.m. the County Judge stated
that the Court would convene into Executive Session as follows:
a. Executive Session pursuant to Section 551.071 to consult with attorney about pending or
contemplated litigation and/or a settlement offer.
b. Executive Session pursuant to Section 551.074 to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the position of Risk Manager.
c. Executive Session pursuant to Section 551.087 to discuss or deliberate economic
development negotiations.
The following individuals were asked to stay for the meeting for Executive Session a:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Rod Anderson, County Attorney
Chris Kirk, Sheriff
Jim Stewart, Chief Deputy
The following individuals were asked to stay for the meeting for Executive Session b:
Candy Gallego, Executive Assistant
Bill Jeanes, Risk Manager
Jennifer Salazar, Human Resources Director
The County Judge announced that there was no need to meet in regards to Executive
Session c.
23. Consider and possible action on Executive Sessions.
At 11:19 a.m. the County Judge announced the meeting open to the public and stated that no
action would be taken on the Closed Executive Session.
24. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 557 inmates in jail, 36 have electronic monitors and 22 are
pending for monitors.
25. Announcement of interest items and possible future agenda topics.
There were no announcements.
26. Call for Citizen input and/or concerns.
There was no citizen's input.
27. Adjourn.
Vol. _dap_ Pg- a.S_ZJ
The foregoing minutes of the Commissioners Court meeting held December 15, 2015
have been examined and are approved in open Court this � day of
Duane Peters
County Judge
SAimy Ca
ler
Commissi ner, Precinct 2
Attest:
2�
Karen McQueen
County Clerk
)unty, Texas.
Lloyd Wassermann
Commissioner. Precinct l
Kenny Mallard 13
Commissioner, Precinct 3
Vol. _ao2% pg. oaus�
BRAZOS COUNTY
COMMISSIONER'S COURT
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Resolution
Honoring Alfred "Bill" Jeanes, Jr.
WHEREAS, On January 4, 1996, Bill Jeanes began working as Risk Manager for Brazos
County; and
WHEREAS, Bill Jeanes has been instrumental in the success of mitigating risk for Brazos
County; and
WHEREAS, Bill Jeanes has proven to be a dedicated employee always performing the
highest caliber of work; and
WHEREAS, Bill Jeanes has performed countless hours both day and night as needed to
protect the interest of Brazos County; and
WHEREAS, Bill Jeanes has always come to the aide of Emergency Management when
needed to assist the citizens of Brazos County; and
WHEREAS, Bill Jeanes has decided to retire effective January 31, 2016
NOW THEREFORE, BE IT RESOVED that the Commissioner's Court of Brazos County
takes this opportunity to honor Bill Jeanes and thank him for his years of service to Brazos
County, and to wish him, the very best in his retirement.
DULY adopteuzvote of
_rZ day of Dec
Duane Peter;
County Judgi
i CC t lLlJt d2 yc
Commissi Ger Lloyd Wassermann
Precinct 1
Commissioi Kenny Mallard
Precinct
Brazos County, Texas on the
Vol.
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE
BRAZOS COUNTY AND CS SCIENCE PARK, L.L.C.
This Economic Development Agreement (this "Agreement") is entered into by and
between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas (hereinafter
referred to as "COUNTY"), and CS SCIENCE PARK, L.L.C., a Texas Limited Liability Company
(hereinafter referred to as "DEVELOPER").
PREAMBLE
WHEREAS, COUNTY is authorized and empowered under applicable Texas laws
pertaining to economic development to aid in the development of commercial enterprises and
redevelopment projects within the geographic boundaries of COUNTY by offering economic and
other incentives to prospective new, developing, and expanding businesses pursuant .to TEXAS
LocAL GOVERNMENT CODE, Chapter 381; and
WHEREAS, COUNTY actively seeks economic development prospects in Brazos County
through participation in and establishment of an economic development program; and
WHEREAS, COUNTY desires to stimulate business, increase the County's tax base and
create new jobs for its citizens; and
WHEREAS, DEVELOPER owns the existing facility known as the "Science Park" located
on approximately 53.80 acres along the State Highway 6 Corridor, 2501 Earl Rudder Freeway
South, in College Station, Texas; and
WHEREAS, DEVELOPER owns the existing facility known as the "Science Park" that is
an existing light industrial properly that is underperforming, not utilized to its fidlest potential and
could provide much needed research and development space within Brazos County; and
WHEREAS, COUNTY considers the "Science Park" as a high priority location for new
industrial and advanced manufacturing opportunities including the commercialization efforts of
Texas A&M University to keep technology, research and development efforts local; and
WHEREAS, COUNTY considers DEVELOPER to be a qualified economic development
prospect that will, itself or by attracting desired end-users and tenants, add capital investment, and
create new jobs in the community; and
WHEREAS, DEVELOPER, intends to construct or attract tenants and end-users to
construct improvements and renovations on the Property primarily for office, research, industrial,
and manufacturing uses including, without limitation, limited commercial and retail land uses
along the Earl Rudder Freeway frontage; and
WHEREAS, in consideration of the construction of the improvements and renovations and
in accordance with the performance measures set forth herein, COUNTY agrees to grant to
DEVELOPER Cash Incentives as set. out herein; and
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WHEREAS, to ensure that the benefits COUNTY provides under this Agreement are
utilized in a mvmer consistent with TEXAS LOCAL GOVERNMENT CODE,.Clrapter 381 and other law,
DEVELOPER agrees to comply with certain conditions for receiving. those benefits, including
conditions relating to property development; and
WHEREAS, as of January 1, 2015, the assessed values of the real property and tangible
personal property were $8,763,870 and $97,470, respectively; and
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
promises hereinafter set forth, COUNTY and DEVELOPER (each a "Party," collectively, the
"Parties") represent and agree as follows:
Article 1
Del-mitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"Affiliate" means any person or entity which directly or indirectly controls, is controlled
by or is tinder common control with Developer, duriirg the term of such control. A person or entity
Will be deemed to be "controlled" by any other person or entity if such other person or entity (a)
possesses, directly or indirectly, -power to direct or cause the direction of the management of such
person or entity whether by contract or otherwise, (b) has direct or indirect ownership of at least
fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general
election of directors of the person or entity or (c). has direct or indirect ownership of at least fifty
percent (50%) of the equity interests in the entity.
"Base Year Taxable Value" shall mean the Taxable Value for the Property as of January 1,
2016.
"Cash hrcentive(s)" shall mean that amount paid each year by COUNTY to DEVELOPER
as a grant under TEXAS LOCAL GOVERNMENT CODE, Chapter A 1. Such amount shall be calculated
based upon the incremental Taxable Value for each year of the Agreement, unless otherwise
provided herein.
"Developer" shall mean CS SCIENCE PARK, L.L.C.
"End -User" shall mean any person or entity to whom all or a portion of the Property is sold
or transferred in accordance with Section 4.4 below.
"Effective Date" shall mean the date upon which this Agreement is fully executed by all.
Parties, unless Sire context indicates otherwise.
"First Year of Cash Incentive(s)" shall mean the 2017 calendar year.
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"Force Majeure" shall mean any contingency or cause beyond.the reasonable control of
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,.
insurrection, adverse weather, government or de facto governmental action (unless caused by acts
or omissionsof such Party), fres, explosions or floods, strikes, slowdowns or work stoppages.
"Improvements" shall mean the construction ofnew or the rehabilitation of existing facilities
on the Real Property and other ancillary facilities such as reasonably required parking and
landscaping snore fully described in the submittals filed with County of College Station, from time to
time, in order to obtain a building pennit(s). Improvements may include future retail and general
commercial uses as determined by the County of College Station County Council through the
rezoning process.
"Incremental Taxable Value" nneans the Taxable Value for the Property as of January 1st
of a given year less the Base Year Taxable Value.
"Maintenance and Operations Rate" means the component of the adopted tax rate of the
County that will impose the annount of taxes needed to fund maintenance and operation
expenditures of the County for the following year.
"Recoupment Date" means the date upon which the ad valorem taxes collected by the
COUNTY on Incremental Taxable Value for which COUNTY has not had to pay a Cash Incentive
exceed the aggregate of all of the Cash Incentives paid by COUNTY to DEVELOPER under this
Agreement.
"Unrecouped Cash Incentives" means all amount equal to the total Cash Incentives paid by
COUNTY under this Agreement, less ad valorem taxes received by the COUNTY on incremental
Taxable Value for which COUNTY has not had to pay a Cash Incentive to DEVELOPER under
this Agreement.
"Payment Request" means a written request from DEVELOPER to the COUNTY for
payment of the Cash Incentive accompanied by evidence of the payment of the ad valorem taxes
assessed against the Property whether paid by the full or by the split payment option.
"Property" means the Real Property and Tangible Personal Properly.
"Real Property" means the real property depicted and described in Exhibit "A", including all
Improvements constructed thereon.
"Tangible Personal Property" shall mean all tangible personal property, equipment and
fixtures, excluding inventory and supplies, owned or leased by DEVELOPER, End -Users or by
tenants in the Real Property that is added to the Improvements subsequent to the execution of this
Agreement.
"Target Uses" shall mean office, research, industrial and manufacturing uses, as well as
limited commercial and retail land uses along the Earl Rudder Freeway frontage;
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"Taxable Valise" means the appraised value as certified by the Brazos Central Appraisal
District as of January I" of a given year.
Article II
General Provisions
2.1 The.Preannble is hereby found to be true and is hereby approved and copied into the
body of this Agreement as if copied in its entirety.
2.2 DEVELOPER owns the Real .Property, which Real Property is located within Brazos
County and the College Station city limits. DEVELOPER intends to construct or rehabilitate and
operate and/or attract tenants and End -Users to construct or rehabilitate and operate the
Improvements on the Real Property.
2.3 DEVELOPER shall, before August 25"' of each calendar year that the Agreement is
in.effect, certify in writing to COUNTY that it is:in compliance with each term of the Agreement.
2.4 The Real Property and the Improvements constructed thereon at all times owned by
DEVELOPER shall be used in the manner (i) that is consistent with City of College Station's
Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period. Cash Incentives are
provided hereunder, is consistent with the general purposes of encouraging development or
redevelopment. COUNTY will promptly notify DEVELOPER if COUNTY believes DEVELOPER
is not with this Section 2.4.
2.5 The term of this Agreement shall extend from the Effective Date until the end of,
calendar year 2026, plus the period following December 31, 2026, required for the COUNTY to
receive the taxes based on the Incremental Taxable Value (if any) for 2026 and to pay any Cash
Incentive due to DEVELOPER for 2026.
Article III
Cash Incentives Authorized
3.1 Subject to the terms and conditions of this Agreement, the COUNTY agrees to
annually reimburse the DEVELOPER an amount equal to Eighty Percent (80%) of the Maintenance
and Operations Portion of the Incremental Taxable Value for such year during the life of the
Agreement, provided that the total amount of Cash Incentives paid under this Agreement will not
exceed $800,000.00 In no event will the Cash Incentive paid in connection with a tax year exceed
the amount of ad valorem taxes actually paid on the Property for such tax year. The COUNTY's
obligation under this Section is subject to amoral appropriation by the Brazos County Commissioners
Court,
3.2 The total amount of Cash Incentives paid tinder this Agreement will in no event
exceed $800,000.00, at which time COUNTY's obligation to grant Cash Incentives to
DEVELOPER ends.
3.3 COUNTY will remit the first Cash Incentive to DEVELOPER no later than sixty (60)
after:a Payment Request fiom the DEVELOPER provided DEVELOPER is in compliance with
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the Agreement. Beginning with the First Year of Cash Incentives, DEVELOPER may submit a
Payment Request after the full or split option payment of the ad valorem taxes.
3.4 During the term of this Agreement, DEVELOPER shall be.subject to all taxation;
including but not limited to, sales tax and ad valorem taxation; provided, this Agreement does not.
prohibit DEVELOPER from claiming any exemptions from tax provided by applicable law.
Article IV
Performance Requirements
4.1 DEVELOPER and/or its tenants and End -Users will make Improvements to the
Real Properly and DEVELOPER and/or its tenants and End -Users will place Tangible Personal
Property on the Real Property valued at no less than a total of $1,500,000.00 over the term of the
Agreement ("DEVELOPER Investment').
4.2 DEVELOPER agrees to aggressively pursue new commercial and industrial
tenants and End -Users to add value to the Property and create new jobs.
4.3 DEVELOPER agrees to aggressively pursue opportunities with. Texas A&M
University including, but not limited to, other affiliated organizations such as the Texas A&M
Engineering Experiment Station, the Texas Engineering Extension Service and the Texas A&M
Transportation Institute to enhance commercialization efforts concentrated on research,
development and advanced manufacturing efforts locally.
4.4 DEVELOPER agrees to continuously own the Real Property for the tern of this
Agreement; provided, (i) DEVELOPER, without COUNTY consent, may engage in a
sale-leaseback or similar transfer of ownership of the Real Property as long as DEVELOPER
continues to operate the Real Properly, (ii) DEVELOPER, without COUNTY consent, may
transfer ownership of the Real Property to an Affiliate, (iii) DEVELOPER may transfer ownership
of the Real Property to a person that COUNTY approves as an. assignee of this Agreement.
pursuant to Section 9.8 of this Agreement, (iv) DEVELOPER may sell up to fifteen percent (15%)
of the Property located adjacent to Highway ("Outparcels") without COUNTY consent, and (v).
with the consent of the COUNTY, which consent shall not be unreasonably withheld, conditioned
or delayed, DEVELOPER may sell all of the Property or portions of the Property to a proposed
buyer that is not a tax exempt entity and such proposed buyer will use or develop the Property or
portions thereof for one or more of the Target Uses. For purposes of this Agreement, the value of
the Improvements made and Tangible Personal Property placed on the Outparcels and on the
portions of the Property sold pursuant to Section 4.4(v) above during the term of this Agreement
shall be counted toward the DEVELOPER Investment and. included in the calculation of
Incremental Taxable Value,
4.5 If the DEVELOPER sells or otherwise conveys the Real Property or any portion of
the Real Property to a tax exempt entity prior to the Recoupment Date (as defined above), (a) this
Agreement shall terminate as of the conveyance date, (b) the COUNTY shall have no further
obligation to pay any Cash Incentive to DEVELOPER as of the conveyance date, and (c)
DEVELOPER shall. promptly repay to COUNTY any Umecouped Cash Incentives (as defined
above) as of the conveyance date.
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The determination of "Recoupment Date" and "Unrecouped Cash Incentives" are
demonstrated by the following examples:
1. Example 1. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2020.
Assuming that between the Effective Date and the date of conveyance, taxes of
$27,000.00 on Incremental Taxable Value Have been paid to COUNTY and COUNTY
has paid to Developer Cash Incentives of $27,000.00, the Recoupment Date will not have
occurred and the Unrecouped Cash Incentives would be $27,000.00.
2. Example 2. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2028.
Assuming that between the Effective Date and the date of conveyance, taxes of
$500,000.00 on Incremental Taxable Value have been paid to COUNTY and COUNTY
has paid to Developer Cash Incentives of $300,000.00, the Recoupment Date will not
have occurred and the Unrecouped Cash Incentives would be $100,000-00.
3. Example 3. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2031.
Assuming that between the Effective Date and the date of conveyance, taxes of
$600,000.00 on Incremental Taxable Value have been paid to COUNTY and COUNTY
has paid to Developer Cash Incentives of $300,000.00, the Recoupment Date will have
occurred and the Unrecouped Cash Incentives would be $00.00.
This Section 4.5 shall survive termination or expiration of this Agreement.
Article V
Improvements
5.1 DEVELOPER owns the Real Property.
5.2 As a condition precedent to the DEVELOPER's entitlement to Cash Incentives
pursuant to this Agreement, DEVELOPER agrees as good and valuable consideration for this
Agreement, that all construction of the Improvements by DEVELOPER will be in accordance with
all applicable state and local laws, codes, and regulations (or valid waiver thereoD.
5.3 Intentionally deleted.
5.4 DEVELOPER agrees to maintain the Improvements owned by it during the terns of
this Agreement in accordance with all applicable state and local laws, codes, and regulations.
5.5 Intentionally Deleted.
5.6 Intentionally Deleted.
5.7 Intentionally Deleted.
5.8 If DEVELOPER sells any portion of fire Real Property during the term of this
Agreement, DEVELOPER will enter all agreement with End -User that requires End -User to
comply with the obligations of DEVELOPER under this Article V.
Article VI
Limitations on Reimbursement
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6.1 DEVELOPER will not be entitled to that portion of the Cash Incentive attributed to
a " connnercial" (as defined under the City of College Station's Unified Development Ordinance)
business that relocates to the Real Properly from within the County. For the purposes of this
Agreement, relocation means the closure of one location in the County and the opening of another
on the Real Property; provided, however, if the relocation includes an expansion of the operation,
DEVELOPER will be entitled to that portion. of the Cash Incentive attributable to the expansion.
The term "relocation" does not include lite opening of a new location without a corresponding
closure. The COUNTY will not recapture Cash Incentives already paid to DEVELOPER prior to
such relocation. The County is authorized to grant an exception to this provision, upon
determination that there is sufficient new lax revenue attributable to thexclocation to ,justify the
Cash Incentive,
6.2 Intentionally Deleted
6.3 DEVELOPER is obligated to make timely payment of ad valorem taxes during the
lean of this Agreement.
Article VII
Intentionally Deleted.
Article VI
Default
8.1 Except as provided in 4.4. above, if DEVELOPER defaults in any term or condition
of this Agreement, then COUNTY shall not be obligated to approve disbursement of the Cash
Incentives for that year in which the default occurred.
8.2 Except as .provided in 4.4 above, COUNTY shall give to DEVELOPER written
notice of any default. To the extent a default may be cured, DEVELOPER shall have the right, but
not the obligation, to cure the default within thirty (30) days of receiving written notice from
COUNTY. If the default cannot reasonably be cured within a thirty (30). day period, and
DEVELOPER has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then COUNTY shall extend for a reasonable additional length of time the period in which the
default must be cured. If DEVELOPER fails to cure the default within the line provided as specified
above or, as such tine period may be extended, then COUNTY at its sole option shallhave the right
to terminate this Agreement with respect to DEVELOPER, by written notice to DEVELOPER.
8.3 In the event a party defaults, then the other party shall have available to it all
remedies at law and equity, provided, however, that no party shall be liable.to any other party for
incidental.or consequential damages.
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Article IX
Miscellaneous
9.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
reccipt requested, addressed to the Party at the address set forth below or on the day actually
received as sent by courier or otherwise hand delivered:
If intended for COUNTY, to: With a copy to:
Attu: County Judge Attn: County Attorney
200 S. Texas Ave 300 E. 26"' Street
Suite 332 Suite 1300
Bryan, Texas 77803 Bryan, Texas 77803
If intended for DEVELOPER,.to:
Attn: John W. Clanton, Chief Executivc Officer
CS SCIENCE PARK, L.L.C.
2501 Earl Rudder Freeway South
College Station, Texas 77845
9.2 Severability. In the event any section, subsection, paragraph,,sentence,plrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreementshall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid. section,
subsection, paragraph, sentence, phrase or word.
9.3 Goventine Law, This Agreement shall be governed by the laws of the State of Texas
without regard to any conflict of law rules. Exclusive venue for any action under this Agreement
shall be the State District Court of Brazos County, Texas. The Parties agree to submit to the personal
and subject matter jurisdiction of said.court.
9.4 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
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9.5 Entire Agreement. This Agreement embodies -the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
9.6 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
9.7 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
9.8Assignment. This Agreement shall be binding on and inure to the benefit of the
Parties to it and their respective heirs, executors,administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned by DEVELOPER without the prior
written consent of the County which consent shall not be unreasonably withheld, conditioned or
delayed.
9.9 Right of Offset. COUNTY may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to COUNTY from
DEVELOPER, regardless of whether the amount due arises pursuant to the terms of this
Agreement or otherwise and regardless of whether or not the debt clue COUNTY has been.reduced
to judgment by a court; provided, however (i) COUNTY shall provide DEVELOPER notice
within thirty (30) days of determining that any debt is believed lawfully due to COUNTY from
DEVELOPER; (ii) DEVELOPER shall have an opportunity to resolve or pay such debt to
COUNTY within thirty (30) days after receipt of notice before any offset to amounts payable
under this Agreement may occur; and (iii) DEVELOPER retains all rights to Timely and properly
contest whether or in what amount any debt is owed to COUNTY, and COUNTY may not offset
any asserted amount of debt owed by DEVELOPER against amounts due and owing under this
Agreement during any period during which DEVELOPER is timely and properly contesting
whether such amount of debt is due and owing.
9.10 Amendment. No amendment to this Agreement shall be effective and binding
unless and until it is reduced to writing and signed by duly authorized representatives of COUNTY
and DEVELOPER.
9.11 Place of Performance. Performance and all matters related thereto shall be in
Brazos County, Texas, United States of America.
9.12 Authority to Contract. Each Party has the Rill power and authority to enter into and
perform this Agreement, and the person signing this Agreement on behalf of each Party has been
properly authorized and empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf of their respective
corporations.
9.13 No Debt. Under no circumstances shall the obligations of COUNTY hereunder be
deemed to create any debt within the meaning of any constitutional or statutory provision;
provided; however, COUNTY agrees during the term of this Agreement to make a good faith
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effort to appropriate funds each year to pay amounts under this Agreement for the then ensuing
fiscal year.
9.14 Waiver: Failure of any Party, at any time, to enforce a provision of this Agreement,
shall in no way constitute a waiver of that provision, nor in any way affect the validity of this
Agreement, any part hereof, or the right of the Party thereafter to enforce each and every provision
hereof.. No tern of this Agreement shall be deemed waived or breach excused unless the waiver
shall be in writing and signed by the Patty claimed to have waived. Furthermore, any consent to or
waiver of a breach will not constitute consent to or. waiver of or excuse of any other different or
subsequent breach.
9.15 Confidentiality. COUNTY shall notify DEVELOPER within two (2) business
days after receiving any Public Information Act request that seeks disclosure of information
provided by or concerning DEVELOPER, and the Parties will reasonably cooperate to determine
within four (4) business days after COUNTY's receipt of a Public Information Act Request
whether or to what extent they agree that the requested information may be released without
objection and without seeking a written opinion of the Texas Attorney General. If agreed by the
Parties, COUNTY shall take the position that specified information responsive to a Public
Information Act request relating to DEVELOPER is information not subject to release to the
public pursuant to Section 552.110 of the TEXAS GovERwENT C06E, or other applicable law. If
DEVELOPER requests that COUNTY take the position that specified information responsive to a
Public Information Act request relating to DEVELOPER is information not subject to release to
the public pursuant to Section 552.110 of the TEXAs.GovERNMENT CODE, or other applicable law,.
but COUNTY does not agree, COUNTY nonetheless shall take such position if DEVELOPER
within eight (8) business days after COUNTY's receipt of a Public Information Act request
delivers to the COUNTY an opinion of counsel reasonably acceptable. to COUNTY concluding
that COUNTY has a good faith basis to take such position. If pursuant to this Section 9.16
COUNTY takes the position that specified information responsive to a Public Information Act
request relating to DEVELOPER is information not subject to release, COUNTY shall seek a
written opinion from the Texas Attorney General raising any applicable exception to release of
such information prior to any release to a third party under the Texas Public Information Act. If
COUNTY seeks a written opinion from the Texas Attorney General pursuant to Section 552.305
of the Texas Government Code, COUNTY may require DEVELOPER to draft and submit to the
Texas Attorney General the substantive comments or arguments in support of such opinion
request. COUNTY shall provide DEVELOPER timely notice and an opportunity to review and
comment on any opinion request submitted by COUNTY.
9.16 Employment of Undocumented Workers. During the term of this Agreement.
DEVELOPER agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), DEVELOPER shall repay to COUNTY all Cash
Incentives received under this Agreement as of the date of such violation within 120 days after the
date DEVELOPER is.notified by COUNTY of such violation, plus interest at the rate of 5%
simple interest from the date of DEVELOPER's receipt of the Cash Incentives until repaid.
9.17 Construction. The Parties acknowledge that each Patty and its counsel have
reviewed and revised this Contract and that the normal rule of construction to the effect that any
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ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation
of this Contract or any amendments or exhibits hereto.
(signatures follow on the next page)
BRlAZ C NTY C 10 RS'COURT
Duane Peters, c ^�
o'�'w b16G�Ulrk "I',.,
Llhyd Wassermann
Commissioner,. Precinct 1
Kenny Malla
Commissioner, Precinct 3
ATTEST:
�I /e
k ren.McQueen, County Clerk
I
final.doex Page 11
Vol ;9 Pa.
John W. Clanton, Chief Executive Officer
Date: 1 * QC L l S
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The Science Park is located on approximately 53.80 acres along the State Highway 6 Corridor,
2501 Earl Rudder Freeway South in College Station, Texas.
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ORDER
COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT
FOR PROFESSIONAL SERVICES MADE BY A COUNTY
UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4)
The referenced Agreement between Brazos County and Singleton, Zimmer and
Haliburton for the provision of services described in the referenced Agreement
constitutes a contract. The Brazos County Commissioners Court finds that this is a
contract for professional services and is exempt from competitive bidding. This Order is
made pursuant to V.T.C.A. Local Government Code §262.024(a)(4) and is to be entered
into the Commissioners Court minutes.
APPROVED DISAPPROVED I `� i I
OMMISSIO OURT ON (DATE)
Duane Peters, County Judge
Vol. _� /�_, Pg•_%�
I
BRAZOS COUNTY
ARCHITECT SERVICES CONTRACT
Agreement
This Architect Services Contract ("Contract") is between Brazos County, Texas,
("the County") and SZH Architecture PC. ("SZH" or the "Architect"). The Architect
agrees to provide the County with certain professional services as described herein,
and the County agrees to pay the Architect for those services, This Agreement, Exhibit
A (Scope of Services), Exhibit B, and Exhibit C collectively comprise the Contract and
shall be read together unless otherwise indicated. However, in the event of any conflict,
this Agreement shall prevail. The "Project" contemplated herein is the design and
construction of the Brazos County Expo, Phase III.
ARTICLE I
Scope of Services
1.01 In consideration of the compensation stated in paragraph 2.01 herein below, the
Architect agrees to provide the County with the professional services as described in
Exhibit "A", the Scope of Services ("Scope of Services" or "Scope"), incorporated herein
by reference for all purposes.
ARTICLE II
Payment
2.01 In consideration of the Architect's provision of the professional services in
compliance with all terms and conditions of this Contract, the County shall pay the
Architect according to the terms set forth in Exhibit "A" and Exhibit "B". Except in the
event of a duly authorized change order(s), approved by the County as provided in this
Contract, the total cost of the professional services provided under this Contract may
not exceed 4.5% (four point five percent) of construction cost plus the cost to design
Alternates as stated in "Exhibit B.".
ARTICLE III
Time of Performance
3.01 The Architect shall exercise a degree of care and diligence in the performance of
all services under this Contract in accordance with the professional standards
prevailing among Architects in the location in which the Architect practices or Brazos
Vol. A -7 � Pg, y . 1 Page 1
County, Texas, skilled in design for projects of similar scope, and all of the Architect
services shall be performed as expeditiously as is consistent with said standards and
the orderly progress of the work.
3.02 Time is of the essence of this Contract. The Architect shall be prepared to
provide the professional services in the most expedient and efficient manner possible in
order to complete the work in a timely manner. Promptly after the execution of this
Contract, Architect shall prepare and submit for the County to approve in writing, a
detailed schedule for the performance of the Architect's services. The Architect's
schedule shall include allowances for periods of time required for the County's review
and for approval of submissions by authorities having jurisdiction over the Project. The
time limits established by this schedule over which Architect has control shall not be
exceeded without written approval from the Commissioner's Court.
3.03 The Architect's services consist of all of the services required to be performed by
the Architect, Architect employees and Architect consultants under the terms of this
Contract. Such services include normal structural, mechanical, electrical and plumbing
engineering services, and any other design services that are normally or customarily
furnished and reasonably necessary for a project of this type. The Architect shall
contract and employ, at his expense the above mentioned consultants for the design of
the Project, and such consultants shall be licensed as required by the State of Texas
and approved in writing by the County. Any other consultants requested or required by
the county shall be hired by the Architect at a fee approved by the County. Costs
incurred for such consultants shall be treated as a reimbursable expense.
3.04 The Architect shall designate a principal of the firm reasonably satisfactory to the
County who shall, so long as employed by the Architect and acceptable to the County,
remain in charge of professional services through completion of the design and be
available for general consultation throughout the Project. Any replacement of that
principal shall be approved in writing (which shall not be unreasonably withheld) by the
County, prior to replacement.
3.05 The Architect shall be responsible for the coordination of all drawings and design
documents used on the Project. The Architect shall also be responsible for the
completeness and accuracy of all drawings and specifications submitted by or through
the Architect and for their compliance with all applicable codes, ordinances,
regulations, laws and statutes.
3.06 The Architect's evaluations of the preliminary estimates of construction cost and
detailed drawings, prepared by the Architect shall represent the Architect's best
judgment as a design professional familiar with the construction industry.
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ARTICLE IV
Schematic Design
4.01 Upon the Architect's approval from Commissioner's Court and receipt of a letter
of authorization to commence the Schematic Phase, the Architect shall meet with each
department of the County that is included in the design or re -design for the purpose of
determining the nature of the Project. The Architect shall use the County's Long Range
Planning documents to assist in space requirements. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 The Architect shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. The Architect shall prepare a detailed design phase schedule which
includes all review and approval periods during the schematic design, design
development and construction document phases.
4.03 The Architect shall prepare a conceptual design that shall include schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
Project. The conceptual design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations. Upon the County's request, the Architect
shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Design Development
5.01 The County shall direct the Architect to commence work on the Design
Development Phase by the approval of the Commissioner's Court or its designee. The
Architect shall meet with the County for the purpose of determining the extent of any
revisions to the Schematic Design. Authorization by the County to commence Design
Development signifies an acceptance of the Schematic Design and its associated
scope. Revisions to the scope of the Project requested by the county after such time
shall require an adjustment to any or all of the following: budget, schedule, and design
fees.
5.02 The Architect shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may be appropriate. The
Architect shall submit to the County a detailed design and estimate of the construction
costs of the Project, based on current area, volume, or other unit costs.
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Vol_ i Pg, eZ76
5.03 Upon completion of the Design Development Phase of the Project, the Architect
shall meet with approved committee for Brazos County and make a presentation of the
preliminary design of the Project. The Architect shall provide an explanation of the
Design Development and cost estimate and shall verify that, to the best of Architect's
belief, the Project requirements and construction can be completed within the project
budget and schedule.
ARTICLE VI
Construction Documents
6.01 The County Commissioners Court or its designee shall direct the Architect to
commence work on the Construction Documents phase of the Project by sending to the
Architect a "letter of authorization" to begin work on the Construction Documents phase
of the Project. Upon receipt of the Letter of Authorization to proceed with the
Construction Documents phase of the Project, the Architect shall immediately prepare
the Construction Documents, including, but not limited to, the bid documents, contract,
drawings, and specifications, to fix and describe the size and character of the Project as
to structural, mechanical, and electrical systems, materials, and such other elements as
may be appropriate. The final design of the Project shall comply with all applicable laws,
statutes, ordinances, codes and regulations. Revisions to the scope of the Project
requested by the county after such time shall require an adjustment to any or all of the
following: budget, schedule, and design fees.
6.02 Upon approval of the Construction Documents, the Architect shall warrant that
the final design shall be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Architect shall assist the County Purchasing Department to obtain bids
for the completion of the construction Project. The Architect hereby agrees that no
changes, modifications, supplementations, alterations, or deletions will be made to
the Project unless warranted by necessity and approved by the Commissioner's
Court or its designee.
6.04 The Architect shall provide the County, in sufficient quantity and media, with
complete Contract documents sufficient to be advertised for bids by the County.
Electronic copies in adobe portable document format are included as part of this
contract. The cost of all printed media requested by the county for bidding or
construction purposes shall be billed as a direct reimbursable with a 10% (ten percent)
coordination mark up. The Contract documents shall include the design and
specifications and other changes that are required to fulfill the purpose of the Project.
Upon completion of the final design of the Project, with the submission of the complete
Contract documents, and upon request of the County, the Architect shall meet with the
approved Construction Committee for Brazos County and/or the Commissioner's Court
to present the final design of the Project. The Architect shall provide an explanation of
the final design and cost estimate.
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Vol..�02_� Pg�_�%7 :�
ARTICLE VII
RFP Preparations, Bidding & Evaluation
7.01 The Architect shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project. Upon request, the Architect
shall meet with the approved Committee and/or the Commissioner's Court to present
and make recommendations on the bids submitted for the construction of the Project.
7.02 The Architect shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project. The
Architect shall evaluate each bid and provide these evaluations to the County along
with a recommendation on each bid. If the lowest bid for the construction of the Project
exceeds the final cost estimate set forth in the final design of the Project, then the
Architect, at his sole cost and expense, shall revise the construction documents so that
the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project. Revisions to the plans shall derive from a
revision to the scope or budget approved by the County.
7.03 Where substitutions are requested by a construction contractor, the Architect
shall review the substitution requested and approve or disapprove such substitutions
only after such recommendation by the Architect is approved by the County.
ARTICLE VIII
Construction Administration
8.01 The Architect shall be a representative of, and shall advise and consult with, the
County (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract
("Construction Administration"). The Architect shall have authority to act on behalf of
the County only to the extent provided in this Agreement unless modified by written
instrument.
8.02 The Architect shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Architect shall periodically
review the as -built drawings, produced under a separate contract, for accuracy and
completeness, and shall report their findings to the County.
8.03 The Architect shall keep the County informed of the progress and quality of the
work by meeting regularly at agreed to times and dates with the approved County
Committee. The Architect shall exercise the normal and customary standard of care
and diligence in discovering and promptly reporting to the County any defects or
Vol. _0� o� 7
Pg._,;�7 I Page 5
deficiencies in such work and shall disapprove or reject any work failing to conform to
the Contract documents.
8.04 The Architect shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Architect's review and approval shall include
a determination of whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the Contract documents.
8.05 The Architect shall determine the acceptability of substitute materials and
equipment that may be proposed by construction contractors or subcontractors. The
Architect shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Architect shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Architect shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Architect shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and progress of the Work.
The Architect shall receive no additional compensation for providing clarification of the
Drawings and Specifications.
8.07 The Architect shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Architect's recommendation of payment, being based upon the
Architect's on-site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Architect to the County that the
quality of such work is in accordance with the Contract documents and that the work
has progressed to the point reflected in Architect's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is substantially
complete, the Architect shall conduct a review of the site to determine if the Project is
substantially complete. The Architect shall review and amend a checklist of items,
prepared by the contractor, that shall be completed prior to final acceptance. Upon
notification by the construction contractor that the checklist items designated by the
Architect for completion have been completed, the Architect shall inspect the Project to
verify final completion.
8.09 The Architect shall not be responsible for the work of the construction contractor
or any of the subcontractors, except that the Architect shall be responsible for the
Vol. ` Page 6
construction contractor's schedules or failure to carry out the work in accordance with
the Contract documents if such failures result from the Architect's negligent acts or
omissions. This provision shall not alter the Architect's duties to the County arising from
the performance of the Architect's obligations under this Contract.
8.10 The Architect shall conduct at least one on-site review during the warranty
period and shall report to the County as to the continued acceptability of the work.
8.11 The Architect shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without advance, written authorization
from the County.
8.12 The Architect shall perform all of his or her duties under this Article Vlll so as to
not cause any delay in the progress of construction of the Project.
8.13 The Architect shall assist the construction contractor and County in obtaining an
Occupancy Permit by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Architect shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders must be approved. by Commissioner's Court if the
amount owed to Architect or Contractor changes. Change Orders that do not alter the
approved budget shall be approved by the committee appointed by Commissioner's
Court. Any request by the Architect for an increase in the Scope of Services
or an increase in the amount listed in paragraph 2.01 of this Contract shall be
made and approved by the County Commissioners prior to the Architect
providing such services or the right to payment for such additional services
shall be waived. If there is a dispute between the Architect and the County respecting
any service provided or to be provided hereunder by the Architect, including a dispute
as to whether such service in addition to the Scope of Services included in this
Contract, the Architect agrees to continue providing on a timely basis all services to be
provided by the Architect hereunder, including any service as to which there is a
dispute.
VuY.
;y �� I Page 7
9.03 The Architect shall furnish the County electronic plans and specifications in PDF
format. It is hereby agreed that additional copies shall be provided to the County at the
County's expense as outlined in Article VI, Section 6.04. The Architect shall provide
copies of documents, PDF and image files if available, surveys, notes, and tracings
used or prepared by the Architect. Building Information Models generated, maintained
and used by the Architect shall remain the sole property of the Architect. The Architect
shall also furnish one set of digital image files representing the final as -designed files
as prepared under separate contract.
9.04 The Architect shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Architect may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Architect shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments. These requests shall be
accompanied by sufficient supporting data and information to permit the Architect to
make a reasonable determination without extensive investigation or preparation of
additional drawings or specifications. If the Architect determines that requested
changes in the work are not materially different from the requirements of the Contract
Documents, the Architect may issue an order for a Minor Change in the Work or deny
the request.
9.04.2 If the Architect determines that implementation of the requested changes would
result in a material change to the Contract that may cause an adjustment in the
Contract Time or Contract Sum, the Architect shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Architect shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Architect.
Upon the County's approval, the Architect shall incorporate those estimates into a
Change Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Architect shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Architect shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Vol. _ ` , , pg.g �f_ i Page 8
Contractor and forward to the County's review and records, written warranties and
related documents required by the Contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the Contract document.
10.02 The Architect's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected.
10.03 When the work is found to be substantially complete, the Architect shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Architect shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Architect warrants that
the information provided by the Architect reflects high professional and industry
standards, procedures, and performances. The Architect warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Architect warrants that the Architect will exercise diligence and due care and perform in
a good and workmanlike manner all of the services pursuant to this Contract. Approval
of the County shall not constitute, or be deemed, a release of the responsibility and
liability of the Architect, its employees, agents, or associates for the exercise of skill
and diligence to promote the accuracy and competency of their designs, information,
plans, specifications or any other document, nor shall the County's approval be
deemed to be the assumption of responsibility by the County for any defect or error in
the aforesaid documents prepared by the Architect or the Architect's employees,
associates, agents, and subcontractors.
11.02 The Architect shall promptly correct any defective designs or specifications
furnished by the Architect at no cost to the County. The County's approval, acceptance,
use of, or payment for, all or any part of the Architect's services hereunder or of the
Project itself shall in no way alter the Architect's obligations or the County's rights
hereunder.
_._) Page 9
1101. pg,
11.03 In all activities or services performed hereunder, the Architect shall be deemed
an independent contractor, and not an agent or employee of the County. The Architect
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Architect shall be responsible for the professional
services and the final work product contemplated under this Contract. Except for
materials furnished by the County, the Architect shall supply all materials, equipment,
and labor required for the professional services to be provided under this Contract.
11.04 The Architect must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the Project.
11.05 Indemnity/ Comparative Negligence: The Architect shall indemnify the County
only to the extent of the liability that was caused by the Architect. To the fullest extent
by law, the Architect agrees to and shall indemnify, hold harmless, and defend the
County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Architect under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Architect.
ARTICLE XII
Insurance
12.01 The Architect shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this Agreement and according to the minimum
standards as set out in "Exhibit C."
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 Copies of the drawings, specifications and other documents prepared by the
Architect for this Project shall become the property of the County whether or not the
Project is completed. The County shall be furnished and permitted to retain reproducible
copies and electronic versions of Architect's drawings, specifications and other
documents.
13.02 The documents prepared by the Architect may be used as a prototype for other
facilities by the County. The County may elect to use the Architect to perform the site
adaptation and other architectural services involved in reuse of the prototype. If so, the
Architect may elect to perform the work for an additional compensation that will
Vol. __ o`> ,2-ZPg. �—'_ I Page 10
equitably compensate the Architect and required consultants only for the additional work
involved. It is reasonable to expect that the equitable additional compensation will be
significantly less than the fee provided for under this Contract.
13.03 In the event of termination of this Agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this Project may be used by the
Architect on other projects, but they shall not be used as a whole without written
authorization by the County. The County's furnished forms, conditions, and other written
documents shall not be used on other projects by the Architect.
ARTICLE XIV
Termination
14.01 The County may terminate the Architect at any time upon thirty (30) calendar
day's written notice. Upon the Architect's receipt of such notice, the Architect shall
cease work immediately. The Architect shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Architect fails to fulfill his or her obligations under this
Contract, or if the Architect violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Architect five (5) calendar days
written notice to the Architect. The Architect will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Architect of
liability to the County for damages sustained by the County because of any breach of
contract and/or negligence of the Architect.
ARTICLE XV
Miscellaneous Terms
15.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
15.02 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:
Page 11
Vol. 2a F pg. � ff
County of Brazos
Attn: Wm. Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Architect:
SZH Architecture
1711 Cavitt Ave.
Bryan, TX 77801
15.03 No waiver by either party hereto of any term or condition of this Contract shall
be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
15.04 This Contract represents the entire and integrated agreement between the
County and the Architect and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Contract may only be amended by written
instrument approved and executed by the parties.
15.05 This Contract and all rights and obligations contained herein, may not be
assigned by the Contractor without the prior written approval of the County.
15.06 If any provision of this Contract shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a
court of competent jurisdiction finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it may become valid and enforceable,
then such provision shall be deemed to be written, construed, and enforced as so
limited.
15.07 The Architect and his or her employees must comply with all applicable federal
and state laws and with all applicable rules and regulations promulgated by local, state,
and national boards, bureaus, and agencies. The Architect must obtain all necessary
permits and licenses required for the completion of the Architect's work as outlined in
this contract.
15.08 The Architect acknowledges that he or she has read, understood, and intend to
be bound by the terms and conditions of this Contract.
15.09 This Contract will be effective when signed by the Architect and approved and
signed by Commissioner's Court.
15.10 Notice of Indemnification. County and Architect hereby acknowledge and agree
that this Contract contains certain indemnification obligations and covenants.
Page 12
Vol. Pg. ��v�
SZH Architecture, PC
Architect: Wade Zimmer, AIA
Signature:
Date: 11 DEC, 7 5 -
Brazos County
Brazos u ,e Peters
Signature;aud
/
Dater�iJ�`� f ��
F. Page 13
Exhibit "A"
Scope of Services
It is Brazos County's intent that the Architect will be involved for the full duration of the
design development, preparation of construction, bidding documents, and construction
administration of the Project.
The Following List, dated September 16, 2015 as received via email from Tom Quarles,
Expo Complex Manager, represents Architect's Scope of Service as well as those of the
County's.
List of projects, in priority order, to be included in Phase III:
(1) Design the last half of the Stall Barn (East side of the South Arena) that is now
being used as a covered warm up arena. This entire Barn should include all
amenities included in the West Stall Barn. In other words, when completed, it
should duplicate the West Stall Barn. Provide LED lighting in the new addition
(2) Design five (5) bays of a new Stall Barn (South end of the West side of the South
Arena), including electrical drops, high volume, low speed fans and all other
amenities included in the South five Bays of the West Stall Barn. This to be used
as a replacement covered warm up arena. Provide LED lighting.
(3) Upgrade sound system in the North Arena, East/West Pavilions and use the
upgraded system in all new facilities. Upgrade specifications to be provided by
Expo staff and sound consultant.
(4) Build approximately 32 full hook up RV spaces near Jones Road, East of the
former TAMU facility entrance road. All utilities are very close on site. RV
spaces should be 18' wide and be configured into 4 rows. The last four spaces
of each row, 16 total, should contain 50 amp electrical service. The remaining
spaces should have 30 amp electrical service. Design by civil engineer under
separate contract to be coordinated and bid with project.
(5) Design approximately 64 additional parking spaces, southeast side of the
property between the last gate entrance off Jones Road and the drainage ditch.
Design by civil engineer under separate contract to be coordinated and bid with
project.
Alternates listed in order of importance:
(1) Design a replacement existing outdoor warm up arena (approximately 90' x 110'),
displaced by new covered warm up arena, and place a simple gable galvalume
roof cover with end panels. North/south sides should extend approximately 10'
past the 90' width roof line on both sides leaving approximately a 14' eave
height. Performance dirt to be specified by Expo staff. LED lighting included and
four HVLS fans to be included down the middle (same size as those down the
middle of the North Arena).
(2) Include LED lighting for the current East/West Pavilions.
(3) Design a block, divided storage bin, for different types of performance dirt, on the
concrete pad that was used by the TAMU Equestrian Team.
(4) Design the addition of a 400 amp panel of electrical power on the north east side
of the West Pavilion opposite the back of the Ballrooms
(5) Design the addition of a commercial vent hood in the South Arena concession
stand with appropriate venting and roof penetration.
Vol.
(6) Replace current north arena lighting with LED lighting. (North arena includes
offices, concessions, restrooms, etc.)
(7) Replace current south arena lighting with LED lighting.
(8) Replace current emergency power backups with stand-alone generators for the
Exhibit Hall, North arena and South arena.
(9) Replace fire sprinkler pipe in North arena.
(10)Sound improvements in East and West pavilions and adjacent areas. Upgrade
specifications to be provided by Expo staff and sound consultant. Steve Hodge
to provide PDF version of specifications, to be incorporated by SZH.
Vol.
Pg, -a?
Page 16
Compensation is based o
December 15, 2015. The County
expenses at the Architect's actual
the five alternates is:
Exhibit "B"
Payment Terms
n an agreed fee, as outlined in the contract dated
will reimburse the Architect for actual, non -salary
costs. Architect professional services fee for each of
LED Lighting Retrofit $3,550
Storage Bin $1,550
Add 400 amp panel $5,100
Add Commercial vent Hood to existing concession stand in south arena $2.600
Subtotal Professional Service Design Fee for Alternates: $12,800
Unless amended by a duly authorized written change order, the total payment for all
invoices on this job, including both salary and non -salary expenses, shall not exceed
the amount agreed upon.
The Architect must submit monthly invoices to the County, accompanied by an
explanation of charges, professional fees, services, and expenses. Normal payment
terms are no later than thirty (30) calendar days after the Auditor's office receives the
invoice. Payments will be made after approval at a regular scheduled meeting of the
Brazos County Commissioner's Court. The Brazos County Commissioner's Court
normally meets every Tuesday of each month.
-- Page 17
Vol. c pg o? JF/9
Exhibit "C"
PROFESSIONAL SERVICES INSURANCE REQUIREMENTS
Before commencing work, the successful firm shall be required, at his own expense, to
furnish Brazos County Purchasing Department with evidence showing insurance
coverage, meeting the minimum levels set forth below, to be in force throughout the
term of the contract:
The following listed Insurance Requirements are considered the "Minimum" for any
Contractor / Professional Service Provider to work on behalf of BRAZOS COUNTY
1) Commercial General Liability
General Liability with a minimum limit of
General Aggregate limit shall apply per project
Products-Comp/Ops Aggregate
Personal Injury & Adv. Liability
2) Automobile Liability
Owned/Non-Owned and Hired
3) Workers Compensation Coverage
& Employers Liability w/waiver of subrogation
4) Umbrella I Excess Liability
5) Architect's Professional Liability (E & O)
$1,000,000 per occur
$2,000,000
$1,000,000
$1,000,000
$1,000,000
Statutory
$1,000,000
$1,000,000 (Minimum)
$1,000,000 (Minimum)
6) Additional Requirements:
a. Additional Insured: The General Liability and Umbrella/Excess Liability
Insurance Programs will be endorsed to add the following as Additional
Insured: Brazos County (ISO Policy Endorsements CG 20 10 or
equivalent).
b. Additional Insured: The Auto Liability Insurance Program will be
endorsed to add the following as Additional Insured: Brazos County
c. Waiver of Subrogation: All Insurance Programs including Professional
will be endorsed to provide a Waiver of Subrogation in favor of: Brazos
County.
d. Subcontractor's General Liability, Auto Liability and Umbrella/Excess
Liability Insurance Programs will be endorsed as "Primary" to that of the
General Contractor and Brazos County.
Vol. 2,71, P pD Page 18
e. Subcontractor will be responsible for the "Same" Insurance Compliance
of other Contractors I Professional Services Providers hired by the
General Contractor.
f. All Insurance Programs are to be endorsed to provide a 30 -Day Notice
of Cancellation to the Certificate Holder.
g. Subcontractor's General Liability and Umbrella Insurance Program are
to be endorsed with the Aggregate Per Project Endorsement.
h. An "Original Certificate" of Insurance will evidence compliance with the
Insurance Requirements.
I. It will be the Subcontractor's responsibility to insure their owned or
rented tools and equipment required for this project.
j. Insurance Carrier's AM Best's Rated A-7 or better and licensed to do
business in the State of Texas.
Before commencing work, the successful firm shall be required, at his own expense, to
furnish Brazos County Purchasing Department with evidence showing insurance
coverage, meeting the minimum levels set forth below, to be in force throughout the
term of the contract:
Please state the limits of each policy you have in effect:
A. Architect's Professional Liability (E & O) with a minimum limit of $
1,000,000.
B. General Liability with a minimum limit of $1,000,000 per occurrence and
$2,000,000 general aggregate. General aggregate limit shall apply per
project.
C. Auto Liability with a combined limit of $1,000,000.
D. Statutory Worker's Compensation with waiver of subrogation.
All insurance shall be occurrence form only. The proof of insurance shall be made on
an Accord 25 form and the form shall have an original signature of an authorized
representative, not the agent. Description of operations shall include the name of the
project.
Brazos County is to be named as additional insured on Comprehensive Coverage.
The Architect agrees to indemnify, defend and hold harmless the County, it's
employees, and agents from and against any loss damage.
Each insurance policy to be furnished by the successful party shall include, by
endorsement to the policy, a statement that a notice shall be given to Brazos County by
certified mail thirty (30) days prior to cancellation or upon any material change in
coverage.
Vol. Pg o29/ I Page 19
The Contractor shall procure and maintain at its sole cost and expense for the duration
of this Agreement insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, volunteers, employees or
subcontractors. The Contractor's insurance coverage shall be primary insurance with
respect to the County, its officials, employees and volunteers. Any insurance or self-
insurance maintained by the County, its officials, employees or volunteers shall be
considered in excess of the Contractor's insurance and shall not contribute to it.
Further, the Contractor shall include all subcontractors as additional insured under its
policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all of the requirements stated herein.
All Certificates of Insurance and endorsements shall be furnished to the County's
Representative and approved by the County before work commences.
GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES
a. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
b. Deductibles shall be listed on the Certificate of Insurance and are
acceptable only on a per occurrence basis for property damage only.
C. "Claims Made" policies will not be accepted.
d. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to Brazos County.
e. Upon request, certified copies of all insurance policies shall be furnished
to Brazos County.
A. Definitions:
Certificate of coverage ("certificate") A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Worker's Compensation
Commission, or a coverage agreement )TWCC-89), TWCC-83, or TWCC-84),
showing statutory worker's compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractors" in section 406.096 (of
the Texas Labor Code;) - includes all persons or entities performing all or part of
the services the Contractor has undertaken to perform on the project, regardless
of whether that person has employees. This includes, without limitation,
independent Contractors, subcontractors, leasing companies, motor carriers,
owner -operators, employees of any such entity or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
Vol, % pg _2_5�Z
Page 20
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on the proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
that meets the statutory requirements of Texas Labor Code, Section 401.011
(44) for all employees of the Contractor providing services on the project, for the
duration of the project.
C.
91
E.
F
The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
It the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file providing services on the
project, and certificates of coverage showing coverage for all person; and
(2) no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, or any change that materially affects the provision of coverage of
any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreement, that meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for at/ of its employees
providing services on the project, for the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
Vol. a7,2,?Py. !T! / _ I Page 21
employees of the person providing services on the project, for the duration of the
project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person know or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) -(g), with the certificates of coverage to be provided to
the person for whom they are providing services.
J. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier, or, in the case of a self-insured, with the commission's Division
of Self -Insurance regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2. CERTIFICATES OF INSURANCE shall be prepared and executed by the
insurance company or its authorized agent, and shall contain the following
provisions and warranties:
a. The company is licensed and admitted to do business in the State of
Texas.
b. The insurance policies provided by the insurance company are
underwritten on forms that have been provided by the Texas State Board
of Insurance or ISO.
Page 22
Vol. _ Pg _o?y�/-
C. All endorsements and insurance coverage according to requirements and
instructions contained herein.
d. The form of the notice of cancellation, termination, or change in coverage
provisions to Brazos County.
e. Original endorsements affecting coverage required by the section shall be
furnished with the certificates of insurance.
Brazos County is to be named as additional insured on Comprehensive Coverage.
The Architect agrees to indemnify, defend and hold harmless the County, it's
employees, and agents from and against any loss damage.
i Page 23
Vol. _ _-7—,F Py.� �•5
COMMISSIONER COURT MINUTES OF
DECEMBER 15, 2015
ARE CONTINUED IN VOLUME 230 PAGE 1
COMMISSIONER COURT MINUTES OF
DECEMBER 15, 2015
ARE CONTINUED FROM VOLUME 229
Vol. _ 3� pg -_ J
AGREEMENT BETWEEN COUNTY AND ENGINEER
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
TM AGREEMENT is made on the 15 day of December 2015,
Between the COUNTY: BRAZOS COUNTY, TEXAS
c/o Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
and the ENGINEER: Mitchell & Morgan
3204 Earl Rudder Freeway South
College Station, TX 77845
for the following PROJECT: Professional Engineering and Surveying Services for
engineering services for civil design work related to the Brazos County Expo Phase III
Expansion facility.
The COUNTY and ENGINEER agree as set forth below.
ARTICLE I
ENGINEER'S RESPONSIBILITY
1.1 ENGINEER'S SERVICE
1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER,
ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The ENGINEER shall submit
for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
Agcccmcnt ncbvccn County and Gigincar - / ^ Page 1 of 10
Vol. _Z'3 a --- �9
required for the COUNTY'S review and for approval of submissions by authorities having
J urisdiction over the Project. Time limits established by this schedule approved by the
COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the
COUNTY.
ARTICLE II
SCOPE OF ENGINEER'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and
incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY
Mitchell & Mor awn , TO BRAZOS COUNTY.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in
the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any
of the additional services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional
services, which have been performed without the prior written authorization of the COUNTY as
herein above provided.
3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to
be determined and which are not included in the Basic Services or Additional Services as
identified and described in EXHIBIT "A", shall be considered Contingent Additional Services.
A list of possible Contingent Additional Services that could be needed as the Project proceeds is
included at the end of Exhibit "A."
3.1.3 It is expressly understood and agreed that the ENGINEER shall not famish any of the
Contingent Additional Services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent
Additional Services, which have been performed without the prior written authorization of the
COUNTY as herein above provided.
ARTICLE IV
COUNTY'S RESPONSIBILITY
4.1 The COUNTY shall provide full information regarding requirements for the Project,
including a program, which shall set forth the COUNTY's objective, schedules, constraints and
criteria.
4.2 The COUNTY shall establish and update an overall budget for the Project, including the
Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of
these costs.
Agreement Between County and Engineer UQl • _� 3 Q P9.
_ )'age 2 of 10
4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S
behalf with respect to the Project. The COUNTY, or such authorized representative, shall render
decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to
avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service.
4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY
becomes aware of any fault or defect in the Project or non-conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and
other consultants as the COUNTY deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of the
ENGINEER.
4.6 The proposed language of certificates or certifications requested of the ENGINEER or
the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at
least 14 days prior to execution. The COUNTY shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A
incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE
ENGINEER.
ARTICLE V
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all
elements of the Project designed or specified by the ENGINEER.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the COUNTY and equipment designed, specified, selected or specially provided by
the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the ENGINEER and the
ENGINEER'S consultants, the costs of the land, right-of-way, financing or other costs which are
the responsibility of the COUNTY.
5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS
5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent
the ENGINEER'S best judgment as a design professional familiar with the construction industry.
It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the
cost of labor, materials or equipme t_vex-the-Conixactoes-methoqqds-o£detel-mining bid prices,
Agreemcut aenvecn County and Engincer Vol ? .T� p Page 3 of l0
or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER
cannot and does not warrant or represent that bids or negotiated prices will not vary from the
COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or
agreed to by the ENGINEER.
ARTICLE VI
USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary
layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by
the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of
complete or partially completed mylar reproducible, preliminary layouts, record drawings,
sketches and other documents prepared pursuant to this Agreement shall be delivered to the
COUNTY when and if this Agreement is terminated or upon completion of this Agreement,
whichever occurs first. The ENGINEER may retain one set of reproducible copies of the
documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or
reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or
otherwise marketing or donating these documents, or using the documents in preparation of other
work for any other client, without the prior express written permission of the COUNTY.
6.2 All documents including reports, drawings and specifications prepared by the
ENGINEER pursuant to this Agreement are instruments of service in respect of the Project.
They are not intended or represented to be suitable for reuse by the COUNTY or others on
extensions of the Project or on any other project. Any reuse without written verification or
adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole
risk and without liability or legal exposure to the ENGINEER. Any such verification or
adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the
COUNTY and the ENGINEER.
6.3 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the Project is not to be construed as publication in
derogation of the ENGINEER'S reserved rights.
ARTICLE VII
TERNIINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days
written notice should the other party fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the
ENGINEER shall be compensated for services performed prior to notice of such suspension.
7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the ENGINEER in the event that the Project is permanently abandoned. If
the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER
may terminate this Agreement by giving written notice.
Agreenwnt Beim= County and Engineer FVO
O P9- /-- _— Page 4 of 10
7.4 if the COUNTY fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, the ENGINEER may, after giving
seven (7) days written notice to the COUNTY, suspend services under this Agreement.
7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination.
7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and
expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend
performance of services under this Agreement. Unless the ENGINEER receives payment in full
within seven (7) days of the date of the notice, the suspension shall take effect without further
notice. In the event of a suspension of services, the ENGINEER shall have no liability to the
COUNTY for delay or damage caused by the COUNTY because of suspension of services.
7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall
be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal
place of business of the COUNTY, Venue for any dispute or disagreement regarding the terms
of this Agreement shall be in Brazos County, Texas.
8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.
8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representative of such other party with respect to all
covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this
Agreement without the express written consent of the other party.
8.4 This Agreement represents the entire integrated agreement between the COUNTY and
the ENGINEER and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
COUNTY and the ENGINEER.
8.5 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the COUNTY or the ENGINEER.
8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S
consultants have no responsibility for the discovery, presence, handling, removal or disposal of,
or exposure of persons to, hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
Agreement oenvem County and Hnginecr Vol �� 0 pg. � Page 5 of 10
8.7 The ENGINEER shall have the right to include representations of the design of the
Project, including photographs, among the ENGINEER'S promotional professional materials.
The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary
information, if the COUNTY has previously advised the ENGINEER in writing of the specific
information considered by the COUNTY to be confidential or proprietary.
8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work
hereunder in accordance with generally accepted standards applicable thereto, and shall use that
degree of care and skill commensurate with the engineering profession to comply with all
applicable state, federal and local laws, ordinances, rules and regulations relating to the work to
be performed hereunder and the ENGINEER'S performance.
8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying
Practices Act of 1989, the COUNTY is informed that any complaints about surveying services
may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite
400, Austin, Texas 78752, (512) 452-9427.
8.10 INDEMNIFICATION: ENGINEER shall save and hold harniless the COUNTY from
and against any and all claims and liability due to activities of the ENGINEER, its agents or
employees, performed under this Agreement and which result from any negligent act, error, or
omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER
shall also save harmless the COUNTY from and against any and all expenses, including
attorney's fees which might be incurred by the COUNTY in Litigation, or otherwise, resisting
said claims or liabilities which might be imposed on the COUNTY as the result of such activities
by the ENGINEER, its agents or employees.
8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to
achieve substantial completion of the Work within the Contract Time provided by the Contract
Documents will cause the COUNTY to incur substantial economic damages and losses of types
and in amounts which are impossible to compute and ascertain with certainty as a basis for
recovery by the COUNTY of actual damages, and that liquidated damages represent a fair,
reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such
delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the
COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without
the COUNTY being required to present any evidence of the amount or character of actual
damages sustained by reason thereof, therefore ENGINEER shall be liable to the COUNTY for
payment of liquidated damages in the amount of SO for each
day that Substantial Completion is delayed beyond the Contract Time as adjusted for time
extensions provided by the Contract Documents. Such liquidated damages are intended to
represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay
them to COUNTY without limiting COUNTY'S right to terminate this agreement for default as
provided elsewhere herein.
Agreement 13ctween County and Engineer Vol p(�Q Pg Pap6of 10
ARTICLE IX
PAYMENTS TO THE ENGINEER
9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic
Services shall be made monthly and shall be in proportion to services performed that month
within each phase of service.
9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S
statement of services rendered or expenses incurred, payment on account of the ENGINEER'S
Additional Services and for Reimbursable Expenses shall be made monthly.
9.3 PAYMENTS WITHIIELD
9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of
penalty, liquidated damages or other sums withheld from payments to Contractors, or on account
of the cost of changes in the Work other than those for which the ENGINEER has been found to
be liable.
9.4 ENGINEER'S ACCOUNTING RECORDS
9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services
performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized
representative at mutually convenient times.
9.5 LIMIT OF APROPRIATION
9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the
COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement
being of the absolute essence to this Agreement, that the total maximum compensation that
ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY
shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions,
circumstances or interpretations hereof, exceed the sum certified as available by the County
Auditor in the Auditor's Certificate attached hereto.
ARTICLE X
BASIS OF COMPENSATION
The COUNTY shall compensate the ENGINEER from funds obtained through current revenue
of Brazos County as follows:
10.1 BASIC COMPENSATION
10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as
follows:
Agrocmcnt Between County and Engincei VOI. V��D r / Para 7 of 10
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall
be computed as follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES
10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3,
compensation shall be computed as follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code
Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the
COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the
same, provided that the approval or payment of any such statement shall not be considered to be
evidence of performance by the ENGINEER to the point indicated by such statement or of
receipt or acceptance by the COUNTY of the work covered by such statement.
ARTICLE XI
OTHER CONDITIONS OR SERVICES
11.1 INSURANCE
11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions
Insurance having minimum limits of One Million and No/ICO Dollars ($1,000,000.00) for each
occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors
and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and
No/100 Dollars ($200,000.00) self-insured. Such Certificate shalt bear the endorsement "Not to
be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The
ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in
effect and for a period of five (5) years after completion of the Project. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates
to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty
(30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies
then the COUNTY may pay for such insurance and may hold the amount of such payment out of
the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance
shall be deemed to be a material breach -of this -Agreement.
Agreement aetmci, County and Engineer VOA.1_�' 0 )(_ U Page3of to
11.2 PERIODS OF SERVICE
11.2.1 The FNGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in
writing by the COUNTY or the COUNTY's designee. The project will proceed according to the
schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review
processes and other activities that are beyond the control of the ENGINEER.
11.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays
beyond the control of the ENGINEER may be cause for extension of this period of service, in
which case the ENGINEER shall submit in writing to the COUNTY its request for such
extensions a minimum of thirty (30) calendar days prior to the end of the affected service period.
11.2.4 If the COUNTY has requested significant modifications or changes in the general scope,
extent or character of the Project, the time or performance of the ENGINEER'S services shall be
adjusted equitably.
Agmeanent Between Countyand Engineer Vol_ A30 —p � Pape 9d10
y
This Agreement entered into as of the day and year first written above.
The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolution extending said authority
have been duly passed and are now in force and effect.
BRAZOS COUNTY, TERAS ENGINEERING FIRM
Duane Peters, County Ju ge by:
P ncipa
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
% _&
County Clerk
Approved as to Form:
Assistant County Attorney
Agreement Between County and Engineer vpj, pv h9 ( Page 10 of 10
MflC�li .L
fa/nit (:fib ph
NIOR�:I/\,y
Charles Wendt
Brazos County Purchasing Department
Brazos County Administration Building
200 South Texas Avenue, Suite 352
Bryan, Texas 77803
7Dec15
RE: Proposal for Site Design Services for the Phase III Site Plan Additions for the Brazos County
Expo Complex Located in Bryan, Texas
Dear Mr. Wendt,
Thank you for the opportunity to propose professional engineering services for the Masterplan
Phase III construction at the Brazos County Expo Complex in Bryan, Texas. The following table
delineate the various services and cost of service which will be provided under this contract. Please
note that per our discussion, storm drainage detention has been constructed with the earlier phases
and no analysis will be required.
If there are other services that you desire we will provide those services on an hourly basis at the
following hourly rates:
3204 EARL RUDDER FREEWAY SOUTH COLLEGE STATION TX 77845 979 260 6963 FIRM #1443
CIVIL ENGINEERING HYDRAULICS HYDROLOGY UTILITIES STREETS SITEPLANS SUBDIVISIONS
infofvmitcf� andmorq�n,540.t=www.mitchelfandmorgan o
g.
Vol, a� P�l�
Summary of Costs
Sheet
Cost/
(hours)
Sheet
Total
Cover Sheet
1
200
$
200.00
Overall Site Plan
1
5000
$
5,000.00
Detailed Site/Grading Plan
3
3500
$
10,500.00
Water Line Plan
1
3500
$
3,500.00
Sewer Line Plan
1
3500
$
3,500.00
Storm Drain Plans
2
3500
$
7,000.00
Special Details
1
2500
$
2,500.00
Standard Details
4
150
$
600.00
Survey
1.1
11500
$
12,650.00
Environmental
1.1
1000
$
1,100.00
Site Lighting
$
3,000.00
Power for RV's
$
3,500.00
Bidding Documents
6
135
$
810.00
Construction Phase Services
20
135
$
2,700.00
As Built Survey
1.1
500
$
550.00
Total
Proposal
$ 56,560.00
If there are other services that you desire we will provide those services on an hourly basis at the
following hourly rates:
3204 EARL RUDDER FREEWAY SOUTH COLLEGE STATION TX 77845 979 260 6963 FIRM #1443
CIVIL ENGINEERING HYDRAULICS HYDROLOGY UTILITIES STREETS SITEPLANS SUBDIVISIONS
infofvmitcf� andmorq�n,540.t=www.mitchelfandmorgan o
g.
Vol, a� P�l�
Hourly Rates:
Sr. Professional Engineer—Development Coordinator
$1501hr
Sr, Professional Design Engineer
$130/hr
Staff Planner
$95/hr
Sr, EIT
$95/hr
Jr. EIT
$75/hr
Drafting
$651hr
Administrative
$55/hr
Schedule
Notice to Proceed
Days
15 -Dec -15
Survey
40
24 -Jan -16
Conceptual Design
10
3 -Feb -16
Preliminary Design
19
22 -Feb -16
Final Design
49
11 -Apr -16
Bid Documents
4
15 -Apr -16
We do require a signed contract to begin work and we have attached one for your signature.
Invoices will be submitted monthly based on work completed during that month. Reimbursable items
such as other professional services, printing, copying, shipping and mailing, etc. will be billed at cost
or invoice plus ten percent and reimbursed during the monthly billing cycle. Please let us know if
you have any questions or comments. We look forward to working with you on this project.
Mitchell, PE
cc: file
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ti
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: December 15, 2015
SUBJECT: Utility Permit — Wellborn Special Utility District
Consider and take action on the Wellborn Special Utility District utility permit to
construct a road bore for a 2 -inch water line crossing under Straub Road 720 feet East
of Thousand Oaks Road. Line will provide service to customer at 5701 Straub Road.
Site is located in Precinct 1.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
ACKNOWLEDGED BY:
Lloyd assermann
Commissioner Precinct 1
by Commissioners' Court
Duane Peters, County Judge
DATE: IZO 1,5 1I<
Vol. 0234 pg'/G
15
APPLICATION FOR WATER UTILITY PERIMIT
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 Wellborn
SUD [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
Road Name & Block Number
Length of TYPE OF CONSTRUCTION
Crossin CHECK ONE
Bored Jacked Driven Cased
Straub Road
70 ft. X X
Facilitv to Parallel County Road Within Right-Of-Wav
Road Name and Block
Number From To Depth Distance
CONSTRUCTION TYPE
2" Diameter 0.10" Wall Thickness 3" Encasement Pipe
Material Specification PVC
Maximum Operation Pressure 200 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 15 working days. (COMPANY MUST FILL M. If such
construction is not begun by the 60'h 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 Brazo$- our —frau attd'a;ainst-any-and-all-loss,-�amages, cost or
Vol. Pg. /,
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 BRA70S 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 assuunes all financial responsibility for
damages muUor 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
requisitesfor 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 County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages
upon demand, orfor 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 take
such actimn as it deenns appropriate to conhpel coniplituiee. The CountyEngineer fa•t7ner retains the right to !•evoke
dais Permit by verbal notification to the ApplicaiitICormpaity.
Failure to obtain this permit and/or notify the County Etagineer's Office within 24 haws of beginning construction
shall constitute grounds fm• 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.
Wellborn SUD
CTaalyNaFast
en
By:
Signature
General anager°-
Ti#eO. Box 250
Address
Wellborn Tx 77881
City State Zip
979-690-9799
Phone Number
wsud.,js@verizon.net/wsud.sc@verizon.net
Email:
Vol. ��f pg, l
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:
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requireneents
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 permitt&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. Tra(re 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. 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 Comity 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;
Vol. �� a'9• ��
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
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. Emer-eencv 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
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 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
I. 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 t' at serves the final custot ler.
Vol. __aye)
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BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 15, 2015
ITEM: Consider and take action on the Final Plat of Lots 37R1 and 37R2 of the Green
Branch Ridge Subdivision Phase Four (4); Being a Replat of Lot 37 of the Green Branch
Ridge Subdivision Phase Four; 4.66 Acres; Richardson Perry Survey, A-44; (Bryan ETJ)
Brazos County, Texas. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES:
• Owner: Beard Family Partnership, LLP
• Engineer/Surveyor: Civil Engineering Consultants/S.M. Kling
SUBMITTED BY:
R. Alan Munger, P.11/
County Engineer
ACKNOWLEDGED BY:
This Request is�D / IED Commissioners' Court
. Duane Peters, County Judge
Date
Vol. �3o Pg•_� �—
Brazos County Pre -Application for Plat Approval Date:
MasterPlan Final Plat Re -Plat
X Amending Plat
Date & Time assigned for Application and Plat Review with County Engineer or Planner:
Description of Property: Green Branch Ridge Subdivision Ph. Four — Lot 37
Subdivision Name:
Property Location:
Green Branch Ridge Subdivision Phase Four
Lot 37 - 6467 Olivia Trail
Legal Description: 4.66 Acres in the Richardson Perry Survey, A-44
Applicant or Authorized Agent: Jim Beard
Phone Number (s): 979-774-1535
This is a notification to Brazos County that a plan for development exists for this noted piece of property. This
is not the official Application for Development. This also does not commit the Applicant listed above to file an
Application for Development orto file any type of plat for Record.
All properties within the County of Brazos are submitted to the rules and regulations setup by the Brazos County
Commissioners Court. Copies of the Brazos County Subdivision and Development Regulations and the Brazos
County Flood Damage Prevention Ordinance are available from the Brazos County Engineering and Planning
Departments. All applicants are encouraged to review the regulations prior to any plat submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land Surveyor,
licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat. All County and
City Ordinances and Regulations must be met. This is not a short list of details of said regulations. Details of
the items listed are in said ordinances, and said ordinances take precedence over this check list.
Comments:
October 29, 2015
Date of Signature
11
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.026)
Witness my hand this I ,511/) day of �L.t C i I I A.D. 2015
%—
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this � day of
Lloyd W "ermann, Commissioner Precinct #1
k4KMY Catal a, Commissioner Precinct #2
Treasurer's Report for the MONTH OCTOBER 2015
ON
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15/16 12.1-12.5
On this the 15th day of December 2015 at a regular meeting of the Commissioners' Court, the
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 15th day of December 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 8 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 15th day of December 2015.
THE COMbHSSIONERS COURT OF BRAZOS COUNTY, TEXAS.
uuane reters, county juage
Original: County Clerk's Office and
Attached to the original budget
.3,
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 12.1
DR
Increase
recognize a monetary donation of $800 to purchase Christmas gifts and detention items for the benefit of those housed in the Juvenile
tention Center.
nnm
GDate ' X1 211 0 120 1 5
Vol, _o�� P9•. - -
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 -12.2
1211512015
FUNDI
DIV I
ACCT PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000300
60500000
CR
Equipment & IT Enhancement
1,610.05
4500
63000300
80286000
CR
Equipment - Other
133.50
4500
63000300
67050000
CR
Appliances
79.23
4500
63000300
80100000
CR
Buildings
587.87
4500
63000300
60211000
DR
Software - No Tag
328.20
4500
63000300
67203000
DR
Minor Computer Hardware
2,082.45
Fleet Maint. Building
Reallocation of funds to purchase a Toughbook
Laptop to be used at the Fleet Maintenance Shop,
7 Tn m
Date n 12/1 0/20 18
Vol, _o ZO pg.,3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 -12.3
12/15/2015
FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80890000 CR Vehicles 3.96
4500 63000500 67892800 DR Vehicles Equipment - SO 3.96
General Capital Improvement - SO
Reallocation of funds to the correct account to cover insufficient funds due to roundin of items that were purchased for patrol vehicles.
nnm
�Dat�.`� s'12/1012D�6
Fyo a3a - p9._ �s
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 -12.4
12/15/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 60690000 CR Vehicles 311.94
4500 63000500 60303040 DR Vehicles Equipment- Constable Pct. #4 311.94
,
General Capital Improvement - Constable Pct. #4
Reallocation of funds to the coscct account to cover the restocking fee and shipping for a Tufbox fora patrol vehicle.
nnm
Date: ,` ,.,"12M01-2015,
vol. o?3a py, 3�
120060001 51620000
nnm
Lite" 12/10/2015
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 12.5
NAME
CR
and benefits for the
Vol. _ Pg. �/
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 -
12/15/2015
FD DIV ACCT
PROJ DR/CR ACCOUNT NAME
INCREASE
DECREASE
2700 12006000 51620000
HOURLY - OVERTIME
4,000.00
2700 12006000 53100000
SOCIAL SECURITY
900.00
-
2700 12006000 61130000
CONTINGENCY
-
4,900.00
Bail Bond Board Fees
El
I I
—
To move funds from Contin e cy to salaries and benefits for the investigator that works on the bail bonds.
Totals
4,900.00 14,900.00
Prepared By: AMB Department Head: 4z
Date: 12/10/2015 Date: 12/10/2015
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 15, 2015
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests Page 1 of 2
Department Submitting Employee Request Action Requested
Request(s) Applies To
Expo Complex Vickers, Adam Resignation
Facilities Services
Ortega, Julian
New Hire
Facilities Services — Landscaping
Kopetsky, Kash
New Hire
Juvenile Detention
Jacobs, Janette
Retirement
Juvenile Detention —TJPC State Aid
Davis, Beau
Resignation
Sheriffs Office — Detention
Hodge, Melrita
New Hire
Step Increase
Jackson, Adrian
New Hire
Tax Office
Bevers, Thomas
Promotion
Earle, Patricia
Retirement
Flasowski, Jeri
Promotion
Golson, Patricia
Step Increase
Guerrero, Jesse
Step Increase and
Position Change
Leonard, Melissa
Promotion
McAdams, Niki
Promotion
Miller, Ronnie
Position Change
Moore, Tommie
Promotion
Munoz, Sonya
Promotion
Oglesby, Stacie
Step Increase
Rivera -Palma, Vanessa
Transfer w/in Dept.
Schuetze, Kathy
Step Increase
Vol. a3o pg. �s
--
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 15, 2015
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests Page 2 of
Department Submitting Employee Request Action Requested
Request(s) Applies To
Tax Office White, Regina Step Increase and
Position Change
Approved in Commissioners' Court: December 15, 2015
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
EI - _�f ---P-9-17 0�_