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Home My WebLink About2020-06-16 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 16, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE -COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag — Commissioner Cauley 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions Approval and presentation of the following for the Commissioner Precinct 2 position: • a. Approval of the Public Official Bond • b. Appointment and administering the oath of office to Charles "Chuck" Konderla as Commissioner Precinct 2; fulfilling the term period prior to November 2020 election for deceased Sammy Catalena. Consider and take action on agenda items 4-22: 4. Acceptance,of 5,000 KN -95 Masks from the Lowe's Foundation delivered by Pete Sessions with an estimated value of $7,500. 5. Acceptance of the following donation from U. S. Armor Corp. to Constable Pct. 2: • a. Seven (7) PASGT Helmets and Face Shields - estimated value of $2,548.70 6. Request from SO/Jail for a Payment Authorization to Dentrust Dental for inmates' dental services in the amount of $2,435.00. A Purchase Order was not obtained in advance. 7. Request from J P4 for a Payment Authorization to Verizon for county cell phone in the amount of $238.65. A Purchase Order was not obtained in advance. voi..�15 Pg.__23_2_ M1� D !, NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 16, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE -COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag — Commissioner Cauley 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions Approval and presentation of the following for the Commissioner Precinct 2 position: • a. Approval of the Public Official Bond • b. Appointment and administering the oath of office to Charles "Chuck" Konderla as Commissioner Precinct 2; fulfilling the term period prior to November 2020 election for deceased Sammy Catalena. Consider and take action on agenda items 4-22: 4. Acceptance,of 5,000 KN -95 Masks from the Lowe's Foundation delivered by Pete Sessions with an estimated value of $7,500. 5. Acceptance of the following donation from U. S. Armor Corp. to Constable Pct. 2: • a. Seven (7) PASGT Helmets and Face Shields - estimated value of $2,548.70 6. Request from SO/Jail for a Payment Authorization to Dentrust Dental for inmates' dental services in the amount of $2,435.00. A Purchase Order was not obtained in advance. 7. Request from J P4 for a Payment Authorization to Verizon for county cell phone in the amount of $238.65. A Purchase Order was not obtained in advance. voi..�15 Pg.__23_2_ 8. Approval to change the Regular Meeting on Tuesday, August 18, 2020 to Monday, August 17, 2020. 9. Award of BID #20-108 for Hydro -Mulch Seeding of County Rights of Way. Recommended award: Britten Hydroseeding. 10. Award of Bid #20-125 for Landscape Maintenance. Recommend award to TCB Lawn & Landscape. 11. Approval of Contract #20-121 with ProCore Project Management Software. 12. Approval of Agreement #20-138 for Civil Engineering Services with Gessner - Edge Cut Off Road Reconstruction. 13. Approval of Service Contract #CI P 20-528 HVAC Control Upgrade at the Brazos County Detention Center with Hunton Services in the amount of $47,052.00. 14. Approval of Service Contract CIP 20-639 for Glass Partitions for Elections Services, Vendor Acme Glass. 15. Contract renewal with Madison County for juvenile pre -adjudication detention services. 16. Acceptance of Special Warranty Deed from Martha Louise Grabow for 0.35 acre of land to be used for improvements to White Switch Road located in Precinct 1. 17. Request from Brazos County Municipal Utility District No. 1 and Southern Pointe, LLC (per I nterlocal Agreement) for maintenance acceptance of the roads in Southern Pointe Section 100 and Escrow Agreement (in lieu of a road maintenance bond). Site is located in Precinct 1. 18. Consider and take action on the Brazos WI FI utility permit to conduct 8 road bores_for the installation of a fiber optic communication cable for internet service on North Country Drive and Vaquero Drive. Sites are located in Precinct 2. 19. Approval of the Treasurer's Report for April 2020 20. Budget Amendments. Budget Amendments FY 19/20 37.1 - 37.3 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Juvenile Director's report on detention population. 24. Sheriff's report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns 27. Adjourn. C PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will riot be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 1. 2. 3 MINUTES JUNE 16,2020 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, June 16, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry; Commissioner of Precinct 3; 1 rma 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 — Commissioner Cauley Call for Citizen input and/or concerns Judge Peters welcomed Commissioner Aldrich back. Presentations and/or Discussions Approval and presentation of the following for the Commissioner Precinct 2 position: • a. Approval of the Public Official Bond • b. Appointment and administering the oath of office to Charles "Chuck" Konderla as Commissioner Precinct 2; fulfilling the term period prior to November Vol. �l,a� Pg. ate_ 2020 election for deceased Sammy Catalena. A motion was offered by Commissioner Berry, seconded by Commissioner Cauley to approve the Public Official Bond for Charles "Chuck" Kondeda. The Court voted unanimously to approve the bond. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. The Court voted unanimously to approve the appointment of Chuck Konderla to Precinct 2 Commissioner following the passing of Sammy Catalena. Judge Peters administered the oath of office to Mr. Konderla with his family and Carolyn Catalena in attendance. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Consider and take action on agenda items 4-22: 4. Acceptance of 5,000 KN -95 Masks from the Lowe's Foundation delivered by Pete Sessions with an estimated value of $7,500. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 5. Acceptance of the following donation from U. S. Armor Corp. to Constable Pct. 2: • a. Seven (7) PASGT Helmets and Face Shields - estimated value of $2,548.70 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 6. Request from SO/Jail for a Payment Authorization to Dentrust Dental for inmates' dental services in the amount of $2,435.00. A Purchase Order was not obtained in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 7. Request from J P4 for a Payment Authorization to Verizon for county cell phone in the amount of $238.65. A Purchase Order was not obtained in advance. r Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 8. Approval to change the Regular Meeting on Tuesday, August 18, 2020 to Monday, August 17, 2020. Judge Peters explained the change of date is due to the budget timeline to meet the approval deadline of Monday, August 17, 2020. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderia, Peters. 9. Award of BI D #20-108 for Hydro -Mulch Seeding of County Rights of Way. Recommended award: Britten Hydroseeding. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #20-108 Hydro -Mulch Seeding of County Rights of Way to Britten Hydroseeding. The bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 10. Award of Bid #20-125 for Landscape Maintenance. Recommend award to TCB Lawn & Landscape. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #20-125 Landscape Maintenance to TCB Lawn & Landscape. The bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 11. Approval of Contract #20-121 with ProCore Project Management Software. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. - 12. Approval of Agreement #20-138 for Civil Engineering Services with Gessner - Edge Cut Off Road Reconstruction. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy BenY•Passed. 5-0. Ayes: Aldrich, Berry,Caule , Konderla Peters.- 13. eters:13. Approval of Service Contract #C I P 20-528 HVAC Control Upgrade at the Brazos County Detention Center with Hunton Services in the amount of $47,052.00. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 14. Approval of Service Contract CI P 20-639 for Glass Partitions for Elections Services, Vendor Acme Glass. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 15. Contract renewal with Madison County for juvenile pre -adjudication detention services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 16. Acceptance of Special Warranty Deed from Martha Louise Grabow for 0.35 acre of land to be used for improvements to White Switch Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 17. Request from Brazos County Municipal Utility District No. 1 and Southern Pointe, LLC (per I nterlocal Agreement) for maintenance acceptance of the roads in Southern Pointe Section 100 and Escrow Agreement (in lieu of a road maintenance bond). Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 18. Consider and take action on the Brazos WI Fl utility permit to conduct 8 road bores for the installation of a fiber optic communication cable for intemet service on North Country Drive and Vaquero Drive. Sites are located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 19. Approval of the Treasurer's Report for April 2020. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for April 2020. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. --335— pg. -db 3 J Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 20. Budget Amendments. Budget Amendments FY 19/20 37.1 - 37.3 37.1 Reallocate funds for Risk Management. 37.2 Transfer funds from General Capital Improvement Fund to Sheriff's Office; Sheriffs Office - Jail; Constable, Precinct 1; Constable, Precinct 2; Constable, Precinct 3 and Constable, Precinct 4. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 21. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 22. Payment of Claims. Claims 8100693-8100850 9000138-9000154 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 23. Juvenile Director's report on detention population. Judge Peters read the report from Juvenile Director Linda Ricketson stating that there are 7 juveniles in the detention center, 4 are male and- 3 are female, and 22 have electronic monitors. There are 3 new youth in isolation as per medical protocol. 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 554 inmates in jail, 479 inmates are male and 75 are female, 11 have electronic monitors and 0 are pending for monitors. Sheriff Kirk added he has no staff in quarantine and there is 1 inmate in isolation due to non-compliance. 25. Announcement of interest items and possible future agenda topics. Commissioner Berry said it was nice to have a full Court back. She welcomed Commissioner Konderla to the Court and welcomed back Commissioner Aldrich. 26. Call for Citizen input and/or concerns There was no citizen's input. 27. Adjourn. The foregoing minutes of the Commissioners Court Meeting held June 16, 2020 have been examined and are approved in open Court this 7th day of July 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley ,-`--,/ Commissioner, Precinct 4 Attest: Karen McQueen County Clerk vol. _ 315 pg, Pg / of 3 It I MWAIGICTI • COMMISSIONER'S COURT _ DAY OF , 20,lo la ©y -AM/PM� Name (PLEASE PRINT) . eVE-0 a4u a-Fx) Organization (PLEASE PRINT) JT - va. 3�? P.. Pg Z -Of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF _ , 20 2a AM , Name AWAA-V nd lka Chi Co FFmo n Organization (PLEAS RINT) C Flrc Comm- OL -)U4 06(y)m - cau,t BRAZOS COUNTY COMMISSIONER'S COURT DAY Name (PLEASE PRINT) Pg 3 of .3 Organization (PLEASE PRINT) If i BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 6-4-2020 r✓ Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: KN -95 Masks Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: Functional Non -Functional. Explain if Non -Functional Additional Description/information: 5,000 Masks %J� Estimated Value: 0 , Cj� Check the appropriate account based on estimated value of property being accepted: n 61235000 (Donation - Other)* n✓ 60010000 (No Asset Tag -Under $500) 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) of Check the appropriate entity property being donated to: Govemment Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization ""unarrun — urner account ot_,sauuu is to oe used tl/VLYJor cashIcheck funds donated to Brazos County. I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department:_ ist. A, 1,(% Department Name uthorized Signature Organization Receiving Donated Property: Authorized Signature rs Court on this 16 day of Ks Approval VolFZ pg, ,oi 90 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY 10 DONATION OF COUNTY PROPERTY Date: 41 O 01 0 Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation –NO VALUE ASSESSED) l Item Description:_7 ? � l� V He I ( VN, I ,} s + /'—G.L� s- 1k �S Please provide all information requested below as applicable to the property being accepted or donated: Forms containing any blank fields will be returned for completion. Make: Model: Year: Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: Z� , l8' ) V -f6j I Acceptance of Donated Property Check the appropriate account based on estimated value ofproperty being accepted: ❑ 61235000 (Donation - Other)* 60010000 (No Asset Tag - Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) SN/VIN #: Donation of Check the appropriate entity property being donated to: C -o �s(t6j � t Q A Government Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name Organization Name ,uonanon – Utker account 67235000 is to be used ONLYfor cash/check funds donated to Brazos County. I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Department me Authorized ignature Organization Receiving Donated Property: Authorized nature pp ed b ommissi rs urt on this day 0 -"lb Commissioners Court proval -"' -" Vol. 3 - pg. 20-108 Hydro -Mulch Seeding of County Rights of Way July 1, 2020 through June 30, 2021 Cr tt ro n 1 Flat Fee (April 15 - Sept 15) 0-2000 Square YardsADO 2 Flat Fee (Sept 15 -April 15) 0-2000 Square Yards 1 3 Unit Price (April 15 - Sept 15) 2001 Square Yards and Up 4 Unit Price (Sept 15 -April 15) 2001 Square Yards and Up Unit Price for Watering Previously Hydro Mulched Area (Vendor 5 Provided Water): Unit Price for Watering Previously Hydro Mulched Area (County 61 Provided Water): $0.16 Recommended Award: Britten Hydroseeding Ap ved by ommissi ;CzIding / day of Q 2020 by the position of 'J r s v Q- �Vol.315 pq. a9a z m -+ o�q Z 0 r fi 0 a - O y y n 2 n m N m m A n o N n T Q D N e Y O V N Ch O < VA. tto C» - dp O O O to O O ~ (DD A 1 ` _ C N _ N N N V W w -4n° n m WW A N Owl y O 7 S CD O O O O O O O /D 7 1 O /M1 444A VI W 4A 0 a a # N o aNt up+ w m CA cl O Nt O N O O ~(D n ? 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P Oa � a(D r4'- 0 filAm moy�3 mm N . ° �Td 2� < a. d o (1) o Y a9 ° �7 m N 0.7 ` N m 'O O 0 12D:C O 00 O' $ m = a - m Sr �O m m a ' = '0 O N N " - ID to o m� M N D d �S^m Q� v N N c C < m CD O c 'o � t�0 Nm °7D c ac m N v » z Li o m d w �: z o. g E3 mm�� and ..X 0,0CLc g gym• a °: m an d N C a n Er N O (MD r :N �, y 3 c m CO 3 0.0 KN N0 N 0:- F1 O 0 O m O.53 O _A � 3 Q' o o M m m d _ cr 0 m a ��m a o m 3. o N m p, rp dIDN O m 0. O. S 3Ka� mm ?L � m O ACD N y Er ° CD ° a s N v (b Vol. Pg. c C fD � ul a ? X m V N OD W COMMISSIONER COURT MINUTES OF JUNE 16, 2020 ARE CONTINUED IN VOLUME 316 PAGE 1 Vol. t7 Rr? � f f ' . COMMISSIONER COURT MINUTES OF JUNE 16, 2020 ARE CONTINUED FROM VOLUME 315 Make the Edge Cut Off Road Reconstruction Project happen. Edge Cut Off Road Brazos County, Texas Proposal Number: P19-1463-01.02 Additional Civil PREPARED FOR: Prarthana Banerji, P.E., CFM Brazos County 2617 W. Highway 21 Bryan, Texas 77803 979.822.2127 pbanerji@brazoscountytx.gov GESSNER CONTACT: Melissa Thomas, P.E. mthomas@gessnereng.com 1-877-GESSNER SUBMITTED DATE: 6/8/2019 VALID THROUGH: 9/8/2020 Gessner Engineering presents this Agreement to provide civil engineering services for the above referenced project. The scope and fee of this project is based on the information provided to Gessner Engineering on November 27, 2019, and can be found on the supporting pages. We appreciate the opportunity to provide these services and look forward to being a part of your project team. PROJECT DESCRIPTION: Additional fees for the civil design of the proposed reconstruction of Edge Cut Off Road, from Shortcut Road to Tabor Road (FM 974), approximately 5,000 linear feet (LF). The project limits will not be from OSR to Tabor Road (FM 974). By signing as the responsible parry, you authorize Gessner Engineering to proceed and acknowledge your agreement to the services defined, as well as the attached terms and conditions. Upon signing, you also agree that you will be billed directly as the Client. If you are requesting this proposal on behalf of someone else, please have them add their contact and billing information and sign in the section below. Please note that this agreement must be signed by the responsible party. RESPONSIBLE PARTY Name cl Billing Address mac- ,J . L�� %? g 0 3 City, State, Zip hone it M91 W Client'('Signature) Date CLSM v ri 4-1 Printed Name and Title �w Gessner E ineering Representative (Signature) Johanna Gessner, CEO Printed Name, Title BRENHA I, • COLLEGE STATION • FORT WORTH • GEORGETOWN • SAN ANTONIO CIVIL CONSTRUCTION MATERIALS TESTING GEOTECHNICAL LAND SURVEYING STRUCTURAL 4 PROJECT SCOPE r r (EXCLUDED CIVIL ENGINEERING CIVIL ENGINEERING ✓ Coordinate existing public infrastructure documentation x Topographic or boundary surveying ✓ Layout, analyze, and design,of proposed road and X Existing utility location drainage x Geotechnical recommendations ✓ Design necessary grading ✓ Coordinate and obtain necessary permits ✓ Provide necessary Engineer's opinion of probable construction cost X ADA/TAS compliance review and additional permitting (e.g. TCEQ, EPA) and ADA accessibility review coordination (can be provided as additional services) x FEMA Floodplain modeling and mitigation of the site due to flood hazard conditions X Traffic impact analysis and studies x Utility design x Easements by separate instrument of abandonment (can be provided as additional services) X Mechanical, electrical, or plumbing design X NOUNOT filing with TCEQ (requirement of contractor) E va. -ak-u Pg. 3 FEE BREAKDOWN Listed below is the total additional fee for each phase of work. If the project is abandoned prior to completion of the design, the fee shall be due the date the project is abandoned and shall be based upon the percentage of services performed. Additional Civil Engineering $96,100 Initial Setup Phase $4,805 Preliminary Engineering Report - $4,805 30% Design Phase $14,415 60% Design Phase $19,220 90% Design Phase $14,415 Permitting Phase $4,805 100% Design Phase $9,610 Bidding and Negotiation Phase $4,805 Construction Administratidn Phase. $19,220 *Our budget for this phase is based on an anticipated amount of interaction; however, some projects or contractors may require increased involvement. Our time in this phase is limited by the budget and may not necessarily include all of the planned activities. We can provide additional services if required beyond the budget, as defined in this agreement. BILLING & PAYMENT TERMS Invoicing will take place monthly or at completion/imminent completion of a phase/project. Monthly billing may include partial billing of a particular phase, as determined by review of the percent complete for that phaselproject. Should the scope of the project change after the design development phase, additional services will be charged based on the time required for revisions at the current hourly rates. Total fee amount will be invoiced and is for the complete services to be provided per the above fee. Gessner Engineering, LLC reserves the right to internally reallocate fee amounts to the various project phases, as necessary, based on the necessary time to complete the work. Additional services may be provided on request or per the terms of this agreement and shall be billed at the current hourly rates in force (available upon request). va..'�\lJT P9.� HVAC CONTROL UPGRADE. AT THE, BRAZOS. COUNTY DETENTION CENTER 'SERVICE -CONTRACT BRAZOS. COUNTY PURCHASING DEPT 200.&Texas AtraccNo. * o 1 Ave.,.6.Ste..2 3.5 Co . CIP 2 6 528- Bryan, Texas 77803 Page I of 10. Pages Telephone ,(979)'361429.2 GENERAL REOUIREMENt FOR CONTRACT as a4uly authorized representative of "Contractor" willingly perforin (or deliver) as per EXWb1tA for Brazos County. I further agrep..to- all of the'provisions and specifications contained in this contract PROJECT Timum Project will start t only:after County: f6ceives the required bonds, insurance, work schedule .and' after a purchase order has been issued -to the. vendor'by. the -County. Projeict"sh.all be completed by SepternbeOOi 2026. PREVAILING WAGES RATES .U.'e contractor -shall? be' responsible -for following. all Provisions. of 'Chapter 2259 of the `Government -vemn, t Code relating to the. payment: of prevailing wages. The, wage rates to be used are included in Exhibit'i .Attached. A contractor :or subcontractor' who violates this section:shall. pay Brazos. Comity $60 for each - Worker' employed for each calendar day or part of the day the -`Wo rker -is paid less- than:tfi- in Exhibitk C WA96 rates BONDING REQUIREMENTS The contractor will be required to bond, each project'individually. The successful bidder must provido-to 'the Purchasing Department, -a payment bond in n.the amount of -100%-.of each prcjq0t sum toil calendar. days Pnor"to start of work foreadh project Such bonds shall be execute 'duly authorized and 'admitted to.do.hu'siness I the State of Texas and licensed d by. -a corporate suretyIn sed in the Statdo.f Texas to issue suret�'bonds wfth A.'Bost Rating 'A" or better. -)3RAZos COUNTY (� T -OR RESERVES THE�kIGHT TO: A . QFIPI . REJECT ANY -COMPANY PROPOSED BY"THE BIDDER. IN THE.EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY' THE BIDDER WILL BE AFFORDED FIVE D7 'ONA DAYS TO SUBMIT THE REQUIRED BONDS 'ISSUED BYA SURETY - C MPAL�A CE PT ALB L E To BRAZOS COUNTY. . ASSIGNMENT The'succesisful 054rorinay -not assign, sell or otherwise trang �r f t c . hiscontract without written permission -of Brazos County COmmisOP'Xqrs CoVrt�. -Should. there be a change in`ownerg contract shall be lerminated. unless a mutual. agreement is reached ownership or management; the - ent with the new ow or manager to. imntinue, -the contract withowner its present, provisions*, andprices. Vol. 3\ Le pg. 5 'BRAZOS COUNTY, TEXAS Contract No. CIP 20-519 `Page -I of 10 Pages. -�razos County reservesth6light.-to award this contract ori tfie-ba§1s,o 0 Aop ST OFFtR'In -,accordance: with the laws! of ffir,:Staro of Texas, 'to waive any -formality ty or irregularity, to -make awards to .more than. one . offeror, to r tet.py or411 bids. Th6 Countyxeserves the right to acceptor reject impart or in whole, !Qs submitted, and :to waive any *Wcalities for the best" interest df -the County. i .BIDDERS" RESPONSIBILITY It Is the biddd?s sole kesponsibility to print -and rqview all: pages of the bid document, attachme.nts;. questions and responses, -.addenda, and, s ioes.'The Certification of Bid.k Form tustbo,-compleW. pecialnot. Q to include M firm name, mailing. address,161pp.bone ftumhdi, email 'addressr Vendor -Tax Identification number :and sigaed by an - authoriied representative of the firin,'Failure. 0 -�Wvid& signature --on the. Certification of Bid Form renders bid ;ion-osponsive. Fdflure,to complete theasub mission of'.41required forms, including but not 'limited:10the Reference'Page, Housp Bill;89 & Debarment Verification forn4' Questionnaires (when applicable), Addenda (including revised' forms), and any other specified forms or .documents may be. grounds for rejection of entire -bid. B submitting a response: to t bidder agrees to comply. with 1M 122 y itatioii�.the- 00 5C-6untythe.11.Ce'rti' m0mment Code 2252..908. Biddipt -agrees to PfoWde. Brazos ficate of Parties' Form 1 -aired pending award, ren amended .295 'as Mal- - - or extended contract. Visit htt*-g.'//Othics.state.tx.us/whatsnew/eliLinfcf6ini1295.1itin for more :information, In the event of a needed change' the specificatims sent to tho-bidder, it is understoodthat in all. the foregoing terns shall :apply to. the -addendum or addenda. :CONTRACT OBLIGATION LP3ATiON ,Brazos County -Commissioners Court must,4ward the contract and Brazos C01114Y Judge; ;or other person :authprized by Brazos County'-Commissrioners- Court must sign the contract before it -becomes binding -on. Brazos County or the. offe'rorg- Department heads- are 'NOT authorized to sign contracts for B razos County. 'Binding contracts shall remain in effect until,all products and/or services c.ovefed by flils purchase have been sat fsfaciorily zd&Ver.ed "!q and accepted: QUANTITIES 'The quantities: specified. . lift 'this :C011tr4ot..are estimates only. Brazos County 'does not guarantee jo 'purchase -any.nii Mmurn quantities or services -other than those listed on.eTurchase order, HOLD RAkMLIESS-AGREEMENT Contractor, the successful offeror, shall all indemnify and hold Brazos County harmless from all AM= for .personal injury, death And/or- property damage -resulting directly rectly -,or -indirectly from contractor's Performance. Coptraptor shall procure and maintain; with respect to the subject matter of -this bid, :appropriate -insurance. coverage including, ,as a minimum, public li.,q.bihty-.444,.pzoperty'dahiage with adequate limits to cover contractor's liability as Wayse dri directly or indirectly from workperformed under terms of this contract. C"ficati6n of .such coverage mus . t be.: provided to Brazos: County.ppon request INSPECTIONS & TESTING Acceptance; of -merchandise, Work,' and/or equipment' sole discrotioh -of . the Co provided shall be made by Brazos :County 4t the specifications have Commissioners Court When all. ienns and ' conditions of the contract and . . been to its satisfaction,. including thesubmission to Brazos- CoiMty *of any and all documentation as. may be -required, Title- and Risk .of Loss .of the goods shall not pass to Brazos. Vol. 'BRAZQS'--COTJN, WJUA-9. C_..04t.iAet-1Vo,_. C]"P.10-62g, df.10-Pages - ;County:until the Couptytq JY gc�pts 'and takes �osseA. on- 6. f 'the or points b. �,pdiiit - ' i I T ADDUU10XIM0 ATJoX.0F L00A QR SERVICES. Brazos Qb yrves 'the -jj6t to add. locations as :these additional �1,1.ocaiis,mayl e.,reqijx Location's: to .lie added maymClud01. - _ b ut-,*jiot Iiiijited to; expapqpg or, 44di jig existing' t'P.facilities , acquisition :or construction of new properties. In -the - event that ^BTazq 8,Oturimakes significantsignificant_.ty Structural changes to an ex-10tin fad it heti y I :impacts the contractors- oust mi 4,providing the. ;seM-'.qes, Anticipatitd;.by this contract 9uph change -be .'tipated.as anew-ded far-igty.an.d'ihp.pxiodedurpsprovI .-for fir-thisisecti m0Ybe,'fbl1o*edJn- ngan,a dote ppini minitrovriat P., XnIF e -event Brazos Countywishes to aQ other Jocatios.-to 4 group under lhe:wnirac a ThotationVift, `be solicited f on! the uicuinbent:-C6iitractor in god4 standinga .is for the -group J., j Which themew-locOi.04 I appropriately situated. Jn-',the event Brazos Cou f shall APIL `Ykatei Aba&ddn, or otherwise :dispose or:ieim hate -a location to 'which ihO: contract applies,=all existing. contracts for services applicable . to such location; the portiqp p :this. contract that applies fo:such_l-oc- -ti- f a ons is terminated. All remaining portj�oris, of the :contract Will 'remain intact..:Brazos County will endeavor. to givielhe contractor Written notwo of i 'h sup. t erminati 'locations a minimum of thirty (3 0) days iwadva'nee. INVOICE$ 4-RAY-AffiDdS1 fty mbnts.Ao -contractors will :not beoh.id-if the',contractor cannot produce a.Brazos. County Purchase: iiade 'Order. Contractor shall submit. an:6riginAl Invoke, on each -purchase order or ,purchase rd . n#4. tor vabh..delivery-, indicating-. the .purchase order. jiumber. . . release :after hivoices-Pusf .beitemized. invoice; -which -cannot --be verified `,'by the -contract price and/or. is otherwise incorrect, shall be 0orrected. -by contractor.:Brazos County will Onlybexequi dtopay-fQr, re materials a6tu 6�hred.and/or:s ally " :services 4d4lallyPrbvided. Brazos County shall not re- 4ces-de 'bedi' t be required to pay'for material s or em. - _sofi in the ,.contract; that. #e'.Aot.jjsed.:br.provided by the contractor it. c ompl etion-,.of the :contract. This- teim, :9UPersede§.hqy contradictingout terms through contract and/or. any 4qachrpqits., 'Wfteh? -hid1tiple,-deli Ye6'ler, /or services Are ±6 uired, the c . � :.required; .. cont . 'may 111voicb-46116 each delivery or.pdrf6hba.n.C.e.Of'serv.lce'and Brazos County-iVill pay on mvpice" - -w4M hi -i int. r1y(30)days upon .receipt of invoice. Contracts providing for --a,monthly charge will be: billed.: tGAtiactor'.. '.. . provide aft " Ond.paid en:a-m6ntlily'baiis Pxf!Y-�' The will invoice. for each month 4' Which. B- M razos,.C. puAty is responsible p e for; payment,. during fing. the dur�Iipf the ' contract: Prior to any and al. payments -made -for, goods and/or services _contract; the :contractor * d�e provided under this -con -Qprovi .-thpir-TE!xp;ayoX,'identification Number or Social $pOuI4 This -in orm4ti0jiYmiist be on file' fth Brazos County number as:-�pplicabl.e..Tbi A -fi auditor's officeFailuro,.ItY .provide this inf6rrnatibA may - result 'i , n. a delay 'i;j:;pjjymefjt and/or.. back-up Aholditig:,-jrbqu'ired �yyiliejht w_J Internal Revenue 06talnage;of -56/o Servi Will be' Withheld frofti each.Wyoice . for- the duration of the -Jeontract:e; County`ge , e work U#til ih Cep'tsthe .:as 100�/o..izdMP!iete.and.receives-all,warranties, manuals, releases bflien and oilier closeout-d6tjjjftejjts. -Upon acceptanoe by the e Couhty, retainage will be re 60, -leased i6 contractor._... `OWING 'AWOS CQUNTY-,.'TEXAS: iC_-bntft6t-No- t][P 20-528 Page 4 Of 10 Pages 'Prices for all goods and/or services' shall ficin. -..f6r the duration lbe. stated on sation of this OWW.Wd ilia"l. :the P;jcfi1g/De1jvery I Information -form., Prices shall *be all inclusive: No pripe.0anges,addifions b � or :subsequent qualifications will be: during the course. of the c lie Written in ink or typewritten.. . pricing on �all -tramortation- contract: All prices must freight, drayage and other charges are to 'be prepaid by -.*the contractor and included in :the bid prices..1f fhere are any additional charges'.of any kind, :other than those mentioned above, specified .or' , C6 unspecif�ed, offeror -MUST-indicAte the items. -required and attendant'' costs .or the fQ payment for such. items. Where unit pricing. and -extended. p pricing differ; .unit prj`- 'p prevails. pricing TAXES Brazos. County. is -exempt %from, all tfederal, excige,.,.,stAte and -local. taxes. unless nle 9 othetwitse stated in. this. contract-. Brazos County claims exemption -from All sales and/or -use taxes under Texas Tax:Code : §151.30% asamenae& Texas Limited Sales Tax Exemption Certificates' will be -f 6 im.ished, upon -written- (request to Brazos County:urchasing Agent. 'GOMERNING FORMS :In 'the 'event of any %ddiffli - between the terms: and Ict isiofts :of - these requirements and the specifications,'the specifications shall overn In. the event"ofany conflict of interpretation this overall contract, Brazos COuntY's'interpretafibn shall govern In the . event . of any part- of terms, conditions, provisions, ,and specificatiots. of this c of a -conflicfbetween the contract. and 'any .other terms, -conditions,. provisions, and specifications provided -by gie contractor, the terms: offl-is contract .shall superspole.. .. GOVERNING LAW AND VENUE This.'bid.solicitation is governed bythe,'Jaws- of the State OfTexag,,specifi'cal . the competitive bidding, ly, MP - requirements of the Count Purchasing County W - ur6h.sing A0, Texas Local 00vemmeaf Code, §262.021 et seq.., as. amended. Offerors- :shall comply ..with •all appli6ble federal, state .and 'local 'laws and regulations.. Offeror is farther advised that these requirements .1 be -goverii I uirements 9hal - fully, Od .by the laws of the State of 'Texas and that Brazos County may reguest and rely on advice, dedisiOns and 9pinions o f* the Attorney -GeneraLof Texas as and Brazos comiy- Attorney- concernin-g-.and portio .n of thes- requirements. Potential 'vendors are :.adWsedthey may have disclosure ure OS .requirement, quirement, pursuant to 'Texas Local Govethment -Code, `Chapter 17..6:: 'This law requires persons desiring to do business with the Cbunty to disrloge,.ally gifts fthat have.an aggregate value in excess of $25.0.00 .given to any, employee of -the County, jCo nty-official t . 0 the County Official ''s 's family members OremPlOYment Of AnYerqploy66 of the County, County Official .of the County Official's --f lYm0uib 'erduring the preceding twelve s .61' ' (12)month-period.. The. -disclosure :questionnaire must be -filed with the Brazos County Clerk... Refer t6 -Texas Local 'Government. Code, Chapter 1.76 for the details of this law. 'Bidder understands that; Brazos Colftity is a government subject 0 Texas State and. Federal Public information -statutes. Texas, notwithstanding Venue .shafflie. exclusively in Brazos County,. .g.. -anything to the contrary. DISQUALIFICATION OF OFFEROR T contract; .an .offeror lo. Upon. sigriing this. co .rot .6ffering to sell supplies, Materials, services, or equipment. Brazos CoUntycertifies that the. offerorhdshot vidlated the- trust laws of i anti this. state cod -Business and 'Q91nmerae-Code § 15. -OL et- seq., as- amended, or. the .federal ified in Texas. communicated directly or indirectlyantitrust laws,.'4nO has.. not. ;the made to any. competitor or any. other person engaged .in such line of bus" 1 bids business. Any or al may be rejectedif Brazos County belieVes.that collusion' exists among Contract NOX11P.2-0-528: -13RAZoS -COVXTY, TEXAS -PA96 5 of Wpigps Elie offerors. Bids in which the ri -'unbalanced maybe re pnce5-are-obvi6uslY ject.ed. Aequestg to withdraw a Submitted bid orproposai Ar& subject to the approval of the Pup6has ffig Agent. SES WE— LITY If any section, subsection, paagaph, sentence, clause, phrase or word :of: these. specifications shall be hekinyglid, such holding shall not affect requirements or the ct the. .remaining portions. of ' these requirements aftdthe specifications and it is her6y declared that such remaining portions wouldlave. been included in these requirements in . e and the spe'Acations as though 'the` :invalid 'portion had been omitted. SELENCE OF SPECIFICATIONS: .-The, apparent. silence, of specifications as -to; -app - omission from it, of a. -detailed anyddtail, or the -apparent description *concerning any point, 'shall be regarded as meaning that only. the best commercial prac-ficeds 1P prevail and that. only -material and -Worlanaiiship of the. finest quality are to. be used. All -interpretations of specifications- shall' be made on Ahe basis of this -statement. The iteiris• furnished under. this-contract.sh-Illbe new, --unused of the latest product in production to commercial Vade:and-shaH.beof :the -highest quality as to mat ' prials used and workmanship. 'Manufacturer hrifishing 'these items shall be :experiencedindesign and construction of such -items and shall be an established supplier.bf the item hid.. TERMINATION Brazos CO. reserves. the right to.. terminate I . S. .. . . . Me lbef contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent. ' '. bankruptcy. Such right of tennination'is in addition or commits -acts of to: and. not: in lieu: of any other .remedies which Brazos County -may have in law or equity: Default may be construed .as,. but :not .limited to failpre to deliver the proper goods and/or iservices withintho -proper amount of time, and/or to properly pdrf6tm any and. all services required ,.to Brazos County% satisfaction and/or to me&.All other obligations :and ,requirements.' Brazos County may terminate the -contract without cause upon thirty (30) days written ,notice. .POLICY REQUIREMENTS FOR CERTIFICATE :OF INSURANCE. :CONTRACTOR'S. INSURANCE The contractor(s). before starting work for Brazos -County, must furnish Brazos ; County: erti fcat C,0Insurance 6r:other acceptable evidence from a reputable insurance ep Mpa-or conPanies with an A.M. .Best Rating-,ofAA. (suchp6mpanies to be acceptable to Brazos .County) to writeinsurance in the state of Texas,:sliowing- that the-corittactor-is covered by thpihsurance- as follows: (1) Statutory Workers c.oinnerisationInsurance with tml)loyetg.Li'abilityInsurance infheamountof. $1,001.0-00. In the event any work is sublet, the- contractor' shall -require the subcontra :similarly -to -provide --the same coverage .and . shall himself acquire . evidence. . subcontractor of such coverage on behalf'of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) :Commercial General Liability Insurance with a $ 1,000,000 04imbiridd Single Limit. The policy -shall. be on .the -Comprehensiv e - General Liability 1986%90 cc form, and shall include, coverage, for acts of independent contractors,. *an .�9 'occurrence .. 'County .j. , .0 shall name Brazos -Cou as an. additional insured` Y Waiver of -subrogation is required. No claims niade:policies will be acceptable without. Vol. 311 Pg.- MAZOS COUNT,. TEXAS Contract No. GIP 2.0= * SIS, P.290 0 of 10 Pages. prior Wroval'by the Commiggioriers couWMsk Management (3) Automobile Publ cLiability Insurance with a -$1100.0,000 Combined Single L in all self-propelled. vehicles used in connection with whether owned, non -owl ' or. hired. 'The. Ceffificafe of Insurance ffiffifshed to Brazos -County shall.:eontdmi A provision that coverage be,cancele !prmaterially-Changedun -days p .suih policies -shall not under % .4 ,until: least.3'0 jot notice been given to..Brazos County. written notir, PAIUATIONS Th6 parties :are aware that there are, constitutional and -statutory liniftations *;on the authority of Brazos County to enter into certain terms anil conditions. of the• - contract, :including, limited to, authorizations of the placement of liens. on Brazos County, ,property; disclaimers -and limitations Of warranties; disclaimers and IfinitatiQns.of-liabIty for damages; waivers, disclaimers and .limitationslof Iegalri s, -rem i.requirementst ght � . edies, and processes; limitations of period's to. bring legal. action; granting control of'litigation or settlement. to. 4110thetpattY,; liability for acts ,or omissions of .third pgrdes,4 -payment �of attorneys' :fees; dispute resolution; r indemnities and tconfidentiality (collectively; the "Limitations"). Any contract terms, and conditions related to the Limitations will not be binding - on Brazos County- except tothe extent authorized by the laws and Constitution of -the State of Texas. ,EMPLOYEE The personnel.-perfornfing the- services contracted herein shall -be under the sole responsibility and the .employ- of the --Contractor. The.. Contractor shall. give all notices and comply with all laws, ordinances,. .rules, regulations, and orders of any public autlIplity:in connection with the performances of the -work herein to: be done. The contractor shall 'be :responsible for -initiating, maintaining, and supervising= appropriate and programs M" connection With work herein contracted to 'be done. Th -6 Contractor shall take all.. reasonable precautions for safety of, and shall provide -all -reasonable protection to .prevent damages, injury or loss to; all employees. on the. projects and oilier persons who may be affected thereby, the. projects and all -materials- and equipment to be incorporated therein and other property at the site oradjacentth etb, . thereto, .!QOVERXGESI-WA(;E.S .Nothing in this contract shall. be construed as making Brazos 'County responsible for the payment of -compensation and/or any benefits for contractor including health, property, motor vehicle, workers' :compensation, disability, death, and .dismemberment. insurance. -for the contractor's employees and/or equipment. Nothing in the contract shall -be construed as m 'Brazos'C-*oun , aking. tylbsonsible for wages, materials, logistical support, equipment,'and related travel expenses incurred by -the contractor. -SOVEREIGN P " 4MUNITY Theparties'understand that Brazos- County does not waive ior relinquish A4y`.� immunity or.defense oribehalf of itself, officers, employees, agents, and volunteers as a resulte 'of its execution arid the: performance :of the covenants contained: cution of this contract. ined .'hereiti. 'Further, Brazos County is not-rdspons-le�ib - for . . �, . I any civil',liability that arises from any-adt-or- omission made within the course and scope of this contract. The parties bnderstand:and agree that Brazos County does not assume ciVill'iab lit 'under anythcory of 'y law for the actions of the contractor. in providing services hereunder. Vol. 3�u —Pg. ib6AtrACtN0.:.CU.20-528' J§RAZOS COUNTY, TEXAS 'Page *7 of 16. Pages NOTICES Notices. shall bin , ve- ailed ..,to 1bcaddrbss& designated herein qt -,as may be de§ignated,in writing by the parties ftift.-time to time and shall Jbd, deemed received when :selit: aid U.S.Mail to postage: prep 'following addresses: the BRAZOS t? OUNTY.i. Brazos. County; Texas. Duane 'Peters ',.Brazos Counfy Judge ixdgp 2200 South, Texas Avenue, Suite 332 Bryan, . Texas 7780.3. CONTRACTOR: Ts Contact Name: Phoi.ke Number: L.1 1. Big '"Siax A. __'Ch Pl-.f FISCAL FUNDING:CLAUSE. .Notwithstanding.24y pfOvisiofts confdined herein, 1 -hp -obligations of Wazost County are exprqsly, con.ting6lit upon the availability of funding : for the obligations contained herein, for' the lerm.of the. ,contract and any extensions- and renewals- thereto. WAIVERS 'No -waiver by either party hereto of -any term,or conditioir of . this- contract shall be. deemed Of construed to be 'a' waiver. .'f- -condition.' o any other term or condition or subsequent waiver of the same :term; or - ENTIRE CONTRACT This contract represents the entire. and integtatbd, agreement b6tweeft.Btazog County -and the contractor and supersedes all prior negotiations; representations, r. ntra Q CID 0s, either written -inay"6nlyboamended'bY'WritteniilgtaMexecuted by teilt approved and ex u . ' -parties.1. .. Pr oral, This contract he AVAILABILITY AND RETENTION OF RECORDS _DS AH.XecOrds relating to the service provided under this . contract -and-supporting documentation. for invoices submitted to Brazos County by the. contractor shall. be, retained " d made zvailable by -the contractor for. ..an ctor audit 'by Bidzos. County, it duly authorized representatives, theSfat - ate Texas (including, but, not limited to :the Auditor of the State;df Texas. Inspoigo.17.General or duly a enforcement officials). and . appointed law enforc al agencies of '.the 'United. .States Gbvernfti6nt Such -:records, shall. be returnedby -contra ctor and.made available for anytime -period required'bY'state or federal. law. If changes occur in the govemihg -slatefor; federal laW,; regarding* retention -records, contractor ;shall comply with such, ,changes. If an audit is initiated before the: ex-pirati:012,-of such time. periods .required by state orfederallaw-regarding retention of records, the contractor shall retain such. record's until the audit is concluded and all issues fesolved. Contractor shall. Provide Brazos C ovntywith:copieg ofsuchaudits that .be witli. respect to the. ,contract. The requirements of Subchapter J, Chapter 552, -Government Code, may apply--tq this contract pg. Vol. Witfact.No. CV 26-528 BRAZOS COUNTY,. TEXAS Page. 8 oflo, Pages: :and. 'the contractor or vendor. agrees that the contract can be terminated if -the .contractor or vondor knowingly .()r- ffiteiitiondU fails -th coMply, with. 4 :requirement of that gubehapter- TVs. -Provision is pandatlory-and-7may. not:be altered. -Or 4616ted,. as reguired'by Sed. 551,312(b) of the Texas Government. :Code. AUDU'RESPONSIDI14TY The. Cbntradioi shall'be* responsible for jeqWy—mg, rq.pying'.'to 0A&dr.compIying-*#h-.any audit exception. 'by appropriate federal, state. or. local audit direcflyWatedto the provision of this contract. 'The- contractor shall repay. to Brazos county -tho,kU jamciunt received. ecdi eca billings; v - -f or. :duplicate b I gs, erroneous Wags, fAse or `deceptive. claims. The conttactormcogijzes ,and agrees. ;that ra z68 County ;may Mold any -money due --and -recover through any appropriate method any money erroneously -paid tinder this contract if 'evi4enee-,Wis of les"§than- full co* mp'liance vith'this. contract-. .INDEMNIFICATION -The contractor shall defend, .indemnify and. save harmIes§.Brd:zo§ County! and all Jts._QP6i cers, agents; and :einployee9,f bm. all sW%.Adtions, or claims of any character; -name and desctiption including attorpey'8: :f6es expenses brought t f6r or -on account of any injuries or damages received or sustained by any person -or persons or property, by or from -the said contractor or his employees & by or in consequence ofaqy. -negligence in safeguarding the work or through -the use of'unacceptable materials in.constfudtion of the ,Work, or by ,or on accountof any -act of omission, the Worker er '. Compensation Law or any other law,. ordinance, order mdectee,,afid so-niuch.-ofthe money -due the said. d. Contra co ' Al contractor and by-witue of his contract as shall. -be Considered. necessary' by Brazos 'County may be retained for the use of . .Brazos - County., or -iff case -no, money is due,`his sureties shall. be held until suit .6r.su . its, action or -actions, claim. or claims -for injury or damages as aforesaid shall have been- settled :and .satisfactory nd ..satisfactoevidence id that eftct furnished Brazos -County'. Contractor shall, defend, Mi'dehinify and save -harmless Brazos County its officers"Agents and bmployees' ifi accordancewith- this IndemniScation clause regardless of whether the injury 'oHamage is caused in part bCounty, .. y Brazos County its officers,. agents or -employees. Vol. � pg. I'a . BRAMS COUNTY, TEXAS 6atract-Nip,, CIP 29-529 1.9()t(SE BILL -:89 & DEBARMENT VEP1FJCAj101q Brazos County is -federally.m andated to adhere to :the direq#Qns prolvided..,in the President's ExecutiveOrder- (EO) 13224-5..'_Pxecuiiv.o Order on Terrorist Financing; —.Blockin .:Prop With Persons 9 erty and Prohibiting Transactions Commit Threaten to Commit, or Support Terrorism-, effective 9J24/2001 and ;any a - ny subsequent .changes made -to it -'Via cross-referencing respoudents/vendors -with -Ahe VodoFederaldeheral.&rvipe§A e .4ministratipYs Excluded Parties. L-i�t,.S.y�t.�an.".(EPtS,'hftps://-Www.sam.goii), -which is inclusive df'the*Unitdd States Treasury's Office of FIoreign Assbts Coitrol (OFAC) SpecialyDcsignated National (SDIv) fist. Respondent certifies that -the responding entity and 'ita,prficipals:are -eligiblet6tidicipate in fthis,ttansadfion and have, riot beeiu subjected` to. -suspension, debarment, of ' similar ineligibility - determined by any federal,, state. -or local..gover=erjW entity and -that Respondelit.is. M.-complidike with -the State of Texas.04tutes and toles relating to procurement -and that Respondent -is. not listed . ;00, the. federal government's iorrOrl'sur-watchfist. as de"§cribed.in Executive ;Order 15224. Entities--incligibl'e-for-fedetal. py6cukern6rit are listed at htt.ps:/1*ww-.sarb_gov, The undersigned affi;rns the non-debarment-9tAtement above, that they are duly authori2edexecute this contract. companyreprescntative-belqw further affifnsat the company that submitting this proposal, under the Provisions of SubtilleY, Title 10, Government Code Chapter 227.0:. Poeghot boycott Israel currently: and, 2. Will no I�Oycoftfsra6l during the term -of the cocontract:contract:n Pursuant t.o`gection 2270.'001,, TOXas Government Code: ``Boycott Israel" h1earig: refusing to deal with, terminating- 'business activities With,. -or otherwise faking any action that. is ;intended to p inflict economic 1 on, -or limit droial relations. penalize,. 4MI .8 _pecfficaily with Israel, 6r'with a person or entity doing business 'I Israel or in an -Israe' smes in Israeli -controlled' territory,'badoes not.-iriclude an action made or ordinary -business purposes; tnd. I 'Company -'means a kr-profit sole proprietorship, organization, I association. 'corporation. partnership, , joint venture; :limited partnership, 'limited liabilitypaptnerphip or any ;limited liabilitycompany, -including. a -whojly owned . subsidiary, majority-owned subsidiary, p*arent-company or affiliate of.those ,entities ok business associations that exist to. make a -profit. _mpahyName-W AC, Sew 41 L ,Authorized -C. orripany'RepresentatNe: Daie: :Contract _#:P5. Vol. Pg.- lbouttact No. CIP 20-S2& BRAzos c6tNty, TExAs Page 16 of . lqftges U ERTIRCATION OF BED Ile undersigned. -further affirms the mon4ehgrrnent_ statement above, -that they are duly jauthorized execute this -contract, th,it,tverrdor, and that the hia: bid has been prqpared in with anyother ,contents -of 'this bid'havem(ft been communicated to any6ther vendor prior--'ia the officio opening of "this ;bid.. :Signed Byt Title: ir Typed Name-, -0-15 .Company'Namqla, hAv*n. Phone N(). -1 LQQ:�--OWG -Etrna dress.- An. ppal - il Ad IVI -MailiAgAddress; 6LPz2_;)- LU. C2 T �vS6 P, "0. Box or Street city State zip Employer-Identification!4uriiber:. U j`,(jOCj'?% Coloners' Court --o ' App. n this dayof 2020 by Holding theQ_,Q-,_5 C -A position of Vol. SWJQ Pg. kIA — :Hutton S. ervices %h,'Pq*,mdpq-.kWWgs for L Brazos County Detention Center Service P US Communififes- contract # 15-AP-02.3- U'Sc 4 O1 -1Q238 -2p-003 003 Authorized I-- WartOn' 'TACalydOS9,rv9i2 MPL38267 Vol. 3M pg. IS Htnton SeIrvicPs. To. 'BfdZos'CdunjV'DetdhtI6nCenter USC # 01-1048-2MO3 J835. Sandy Polrif Rd. Bryan, Tx,:77807 Ernest Stuns, As the TroneTm-Qprhpqr)y I s PUthOrized service pr6vider'.for-southeast T6xas,,wo are pleasedto offer .thefolldw!q g proposal: . . Scope of work. Provicfeldbor and Ma iedO(to-re 10tdth0faflihoconiroller.,o.n.KHU-'O]%Mfh tcan UC .400 BACriet controller.. • Provide labor fo Pr aram:the new UC400 for AHU-0110:Malich the .ex1 existing p(pgrammlng • 'Provide ldbor.arid0 . . material to.replace the failing controller on FCU -04 With q Trane U C400" 'BACnet controller. P --ProvIde'la6ort6 program ihe.neW UC400 fc5rFCUQ4io match the existing programming.. • Pr&Ade labdrand materialto replace the failing cbntroller onAHU, 03 Zone 7 with a Trane -VC210Q-BACfiet: c'onttolleK 6 Provide labor toljt , bgramthp new. UC21W:for AHLL0ZOne7to MUtdhth * existing ;programming,; , P exing 4! -Provide labor to update'.the tC+..qnd g,raphids with the new controllers and information. ,Provide Idborohd material to replace (4) 5-port-;m4tdhes'wltKneW NOtgedr SMART -managed switphes'to, address communication Iss.uIPs..wiih'IBACnet 1P AN controllers. • ;Provide! BAS Enterprise software tot Brows County. Jail. `Provl ide, iristall-and'-setup -(Ij-PO PC server ntrdlBA$ 6 for Brazos-Counfy Jail. o PC 'server Is'-srhall Tower server with.*SQL Upress. •;Provide labor to In pfoll TnacerEnsemble supervisor software to!ten#dl.sdrver. .6. Provide 3-yeaf toffwOto-'mqthtenance plan. 9! Provide labor to convert Tracer -Synchrony graphics to-Trac6r-Ensetnble graphicsfor Siand,.(4) SC+s. . . .... 4 Provide labor to program'Trdcer-Ensemble to e -mail` -SMS text to customer designated Or'. personnel.., v Provide1abor-1p. tetpp.T . rqn6 Conn6ct,fdr-Wader'Enserrible, to allow -secured occes's Jtbrri anywhere., Provide (4)hours fralhnin g.on tracer Ensemble Total pfice for labor and MoferfaIg for aboV e scope.. . ................. . ..... . ....... . ................. 10fdl-Pfte WF. POYM611t Bond ...... . ............................................... . ...........,:........:.».......$1.:400.00 5622 L�ice,5treel,`Flousibn. `1X;77087 ?H0,NE41_3.649.8336 -e FAX- 713.593.'6519 Vol. :3\1r— Pg. IU __ ev H-Latqh Services: Oarmccrtiox -A.P.*drops ,9$tuIiP 'IR 0 rest' Shall lbei Orovidedio.Hqriton'S eNdbidf,no.addiflonafnetwork connect!on. • DP6t not Include anything not,tPdcMdi3IlV detailed Wlffiih this pp9posol .0 PrOpbibd pdcldg'is'b' ased-On -work being performed during normal business -hours. • Reuse e)dsfing Wir6/Cdble as needed -troubleshooting troubleiho6ting bf comm 9 o PdCIhg-baSQ1�jjn O)dstihg HVAC unication Wuesvixcluded. equipment and ex!Win-- controls -being functionafat XrPe of - Work and does'n* ot'Includ6o servlceotrePaIr.ofexisting: eqUipmentot'6onft(ils • ProPosal.does nofIrclude--d1qyfOiday work with T&B, orThlid-Parti Commissioning Agent ExclUsions: • fire/Smoke ot.FireDampers vdllnci.t'be Provided; Installed orControlled. • :Life Safety 'Systems Interlock Wiring, testing or repairs. This quotation is based on, straight t- time labor. unlesindicated • :Any demolition unless indicated. diherWise - in. this pr . o q'PtherW1§&.- proposal. • Removal, abatement, or protection of asbestos orany other hWardOu vmateffiqls- discovered during renovation/installation/construction. . 0 This Proposal dogs not Include repairs to existing piping, structures ductwork, starters, VFDs, meters, actuators, end'deVices. or-Wifing unlessspeclfically noted..Uhder this proposdi. A., PfdbvIces,in_needof,repair o re lad .. P !r . P 40nentwill be generated and subfflfted.ta� the. owner for review. Any needed repairs *11 be quoted, and 6"PO must 6er'e,celved.bY "Otbri Services before the repairs will take plac"e. 0 Any additional work'fidi covered . by th 'e �sco pe Of this OrOPO;al will require written authorization by m the custo - - erbeif&6 Hunton Trane can.proceed. • • :Disposal of equlpmen'f- and/or refrigerant it . riot ini;luded unless called out in above-scope.Temporqry:01f cbriditioning, is not provided: unless: called Out in above -scope. • 1hIspropo§qi1s firm for thirty *.(30) days.unless stated othorWjtd. Jose t)UtO.r) The PIPPO;ol qnd ihe terrrii�crhd c6l1clitiOnS Coritceined herein. are atcepled; Business beveiopment and Huntn Se fho' e Frz 5622 Luce St., Houston, rvicestsou di with the work 7X,77087 Office: 71 643-8336 Cust6men. :-Mobiie.(713)252-80.65- Email: JC.)Ur6n@hurifor!prot!p.com By Title: o;,a r H Ln to n .06s; :Date,. Mgh Peri Prt* P.O: Number: -.5622LUceSfteet,,Hpysfon,TX77087 POONE-713.64.3.8336 FAX- 713483.651 , 9 Vol.- pg. 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"* qnd Prilts; .Complete,Refurbishmerif vs Replac6m&fit ■ M61rifonancelcoll icleaning ■ �'inmerjt & vibration 2n .9 anoly3is • Annual slop inspection ■ Drain rheA P -trap ma6tenonce • 'Major -4 minor repair work • Annual pressure wash • b6mPlete1urrikeyrefrolits -Air Disffibulloh; Variable atrydiume.(VAV)intenance. 10 Al1air han6ler-typeS'(AHUJ-R . W Fan call repair, & maintenance, Laboraidl Y-lu.me. hoods, .11-SP61 Coolers. il Complete -turnkey retiotits: Plumbing • Pipe Fabricidfloii and Inifallatloil NV* bier Efficiency. Reirolits. .J. Service'bnd Rdpairs It MOintenonce X Pre9thiati* Malrilenande &'BocMw Prevention • WlerMaThlenarce.' * H L%5�2.. Cooling Tower$ -1i Routine maintenance 6 Major lgr*,&-!njn6r'rep��woik%.�legeing nn4c l ,top,;` m;pection Vibration analysis. AfigQmeni, ■ Controls ■ Complete turnkey bulding AUtomblion Systems. iOpen-prdiocol. Intemet-basectsysle" .. ■ Connected buildings through fiber optics • Aunion'smor't'Se*nilces ■ Complete t6mke.y relrofills. i:Wlidlng automation systerns.Rk-N! w-Interhetremcklepcc9P - . ■ Building control..unNs.(BCV) ■ ,Digital electronic/pneurnaffc. Soff.WQre Programming ■ Voriqole, frequency drives (VFD)Ret[P-recommIssioning Energy management services 'Rental Services Rental chillers Air i:ondflionfng units w1electri.c 'heaf Porlable'61rcondhioning--units Air handling units -MA;ooting-towep. A Diesel.gener.olors. R Trorisfcir(nPts, P.Umps, fie4ble du& Z"hose Heaters; idif . ,rs Nm.. i.ers & compressors Refrigeration 0' Ice -machines Freeiers/coolen- cafeterias'&* tabs. We cdotdinate, with National Trane to '.;uPPOrtY0u"qnd Your heedi > Firma dlot-expedited dellyerysph6clUles >. PJ3ckag1ngvvithvdIUe-add6d- lssuia-(i) orproblem.resolution Technical assistance (f(3CtOry. direct) In -door Air.JQudlit.y'(IA(4) Mglnfenqncp R Internal 91r dy6t ihippoonfrobot). Air dudi'deon1fig & san1fdflon Ulirdv oik righting U.15651colleeflon &.exhaust: Pumps and VaNes N'Rouflnemoln1dridnce a Chil1ed/cond6n§WrwqtarvdYPs P Annual stop Inspei-clion. mint repair waik ■ Alignment Controls, ■ CcmO16te'IuMk6y retrofits Fabrication/Modification ExPldslOri proofing C(90 I, Di bri'll ■ Weatherproofing Structural skids.& Protedti4e coatings ■ Custom dekbnedalr h'apkiling systerni n &;Pr6lssurizallon ■ P6ckag , ed cen.1to.Upl.ants custom f64dcq1I6n/nV>OiflcOon Mduitfidl Plant -Services ■ UNO.y WAC Comfort Cooling ■ Process Absorption CNJers ■ Process Ammonia Chft,$ PracewCehirifugct Scroll and Screw Chillers ■ Compound and Coscod6:4ysf ■ M611 , i-slage Centrifugal Systems (qongnal. .and low ' Coofng Tower Repair ■ Mulff-stage Gas Compression > Energy solutions achieves greater value -received yielding sustainable future Value. > Increased coordination and tighter control through engineered g pineOred systems--intogroiion > k6dUC-ed Opqrqtlng costs >- Reduced downtime-cast.ynon hours spend by .oWnetin-overs)bht expel knowledge, Awareness of latest e�OVIpMent, and controls > Ektensive amount,a;f ex.. drid-expedence; making Hu . nton Services 'so InJa Ukservljde t.t)�hkdy solutions - '' and service 'OEM exclusive distributor imho'TrOne. provider -WWTdnty$em.-ce. -provider 562210ce Street; Houston; Tx 77067 PHONE-il 3-64iB334 -- FAX- 713.583.651 9 Vol. 311D pg. I q THE TEXAS A&Ni UlI MRSMSYS.TEM 401.Tarrow-Stfee4.211d Floor College Station, Tew 7:7$40 M kImum Prevailing Wage -Rate County: ': Braws- CLAMMCATION RATE NOTES Acoustic CeiHnj!= 15.73 Asbestor, Abatement Worker 13.06 Ca';pattef Concrete =Tour and Pinbb 25.39 Crane Opemor 26.40 Driver 14.47 Drywall Installer 16.70 Electrician— Journeyman 22170 Electrician.— Apprentice .2035 - Elevator Medbanip — Journeyman 55.83 Elevator Mechanic — Apprentice. 48;10 Fire Protection— Controls 17.72- Fire'Rotedtidn—Y43ifitter .20.61 Formwork Builder- 14.58 Glazier 47.69 JHVAC —Joumeyman 2509 HVAC -Apprentice 15.81 HVAC — Controls. 21.80 Insulator 16.01 Ironworker 17.42 a er 12.13 Mason EVipment Operator.—Light 14.97 Equipment Operaim— Heavy 16.76 Painter- Pipefitter — Joumeymau 32.50 ?ipefitter -Apprentice 19..95 -Plasterer ISM Pluml ier—Journeyman _7.. 30.74 Plumber —.Apprentice 20.74 -Reinforcing Steel Worker 1.5.78 Roofer 19.94 Stone Mason Terrazzo Installer 13.09 TileSetter 15.73 [Water* prpdfer 14.91 Note AiSt0dmw..n - ank . . prey I g—geme 14 t4Aw6hQ_Iy wage ratb.inchnung -ftjngej. Vol. -31LP — pg - 00 Glass Partition for Election Services CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. CIP 20.639 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361.4292 GENERAL REQUIREMENT FOR CONTRACT I, N001A.009049M as a duly authorized representative of AME 6LA65 rO 1 Al L "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PREVAILING WAGES RATES The contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos Contract No. CIP 20-639 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.smte.tx,us/whatsnew/elf—infcL.forznl2§5.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. BRAZOS COUNTY, TEXAS Contract No. CIP 20-639 Page 3 of 9 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be regpired to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will, pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice.for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on al] transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MAST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and Fvo,7� L---:: Contract No. CIP 20.639 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this Iaw. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall He exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials,. services, or equipment to Brazos County certifies that the offeior has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be -rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The_agwxLt.silence of_snecifications_as_to.aav,detail. or the aggarent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. voi. 311,0 pg.�_ Contract No. CIP 20639 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written• notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows; (1) Statutoa Workers Compensation Insurance with Employers Liability Insurance. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance -with a $500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $500,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. voi. 3\lv Pg.QE _ Contract No. CtP 20.639 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officer;, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: , Phone Number: _ _ . Billing Info: FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS 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. BRAZOS COUNTY, TEXAS Contract No. CIP 20.639 Page 7 of 9 Pages ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved, Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter ], Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. '2&LL— pg.--Q:I-- Coatract No. CIP 20.639 BRAZOS COUNTY, TEXAS Page a of 9 Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any fiederal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: Does not boycott Israel currently: and Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise tatting any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, .association, corporation, partnership, joint venture, limited partnership, limited liability partnership; or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: ACAA E E LAt6 iy i µ G Authorized Company Representative: DDU AA i oggAo*b r C P -o 5azarp.q Vol Pg. 3 Contract No. CIP 20.639 BRAZOS COUNTY, TEXAS Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: Typed Name: Ddu M A �oem4cAb Company Name: 6 46*&5 Co Iae - Phone No. Email Address: dOIiYIGIRR.,k)aL_mg: 1a_ss. com - �1 Mailing Address: RD P. 0, Box or Street city State Zip Employer Identification Number: pp ved Comm neW Court on this day of 020 by o ding the position of CI O at ACME GLASS COMPANY, INC. 810 S' WASHINGTON AVE BRYAN, TX 77803-4563 PH:979-B22-5871 FAX:979-823-3082 OFFICE 1EXHIBIT-Al Faderal Tar:ID: 74.1491885 P/O/F: Cust Stele Tax ID: TAX EXEMPT Quote: Q026409 - Taken By. Chris. Cust Fed Tax ID: Installer. RES MO ShlpVla: Date: 611812020 Time. 03;32 PM SalssRep: RES Adv. Code: BRAZOS COUNTY BUILDING MAINTENANCE VOTER REGISTRARS OFFICE 208 N WASHINGTON 300 E. WM J PKWf BRYAN, TX 7780.3 BRYAN, TX (979)381.4480 Oty Part Number Description List Dlsoob Sell Total 2 CLR T-114° (73"x 42')'114° CLEAR TEMPERED $133.97 0 $133.97 $267.94 GLASS (SO) 2 FLAT POLISH (810)-1/4" 2W OL (73° X42") FLAT POLISH (SIO) $5284 0 $52.84 $105.88 2 4° HOLE -114" (73 x 42) 4" HOLE $30.60' 0 $30.60 $81.20 1 CLRT1/0 (44"x51")114" CLEAR TEMPERED $98.65 0 $98.65 $98.65 GLASS (SO) 1 4" HOLE -114" (44 x 51) 4" HOLE 430.80 0 $30.60 $30.60 1 FLAT POLISH (S/0)-1/4" 2W 2L (44°x 511 FLAT POLISH (SIO) $65.54 0 $68.54 $68:54 1 MISC HARDWARE- POST, CHANNEL B $501.00 0 $500.00 $500.0D . COVERS 1 LAB COM TAX INSTALLATIONIFABRICATION $850.00 0 $850.00 $850.00. THANK YOU for choosing ACME Glass far all your glass needs. ACME Glass reserves the right to photograph ourwork for our company records and/or for use In our edverfsing. VISIT OUR VVEBSIIHAT: www.acmeglass com We are also on Faeebook 8 Pintemst Net 30 Totel: Sub Total: $1,982.61 Talc $0.00 Total• $1,98261 ACME GLASS COMPANY,INC.'610SWASHINGTON AVE BRYAN, TX779034583 PHS794622S871FAX:97e-623-3082 Vol I. pg. o THE TEXAS A&M LNIVERSITY SYSTEM IEXH1131T B 301 Tarrow Street, 2°d .Floor College Station, Texas. 77840 Minimum Prevailing Wage Rate County! Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 15.73 Asbestos Abatement Worker. 13.06. Carpenter 15.95 Concrete -Pour and Finish 15.39 Crane Operato.r 26.40 ,Driver: 14.47 Drywall installer 16.20 Electrician - Journeyman .25.70 Electrician - Apprentice 20.35 Elevator Mechanic- Journeyman 55.83 Elevator Mechanic - Apprentice 48.10 Fire Protection - Controls 17.72 Fire Protection- Pipefitter 20.61 Formwork Builder 14.58 Glazier 17.69 .HVAC. -_Journeyman 25.09 HVAC - Apprentice 15.81 HVAC -Controls 21.8.0 Insulator 16.01 Ironworker 17:42 Laborer/Helper' 12.73 Mason 19.13 Equipment Operator. -Light 14.97 Equipment Operator - Heavy 16.7.6 Painter 13.18 Pipefitter - Journeyman .32.50 Pipefitter - Apprentice' 19.35 'Plasterer 15.5'1 Plumber -:Journeyman: .30.74 Plumber -Apprentice:. .20.32 Reinforcing Steel Worker 15.78 Roofer 19.94 Stone Mason 18.12 Terrazzo Installer 13.08 Tile Setter 15.73. Waterproofer 14.91 Note: Listed'triinimum prevailing -wage rete:is the base hourly wage rate including fringes. Evoi. —3A -(k— Pg--�3� Brazos County Juvenile Justice Center Detention Services Agreement CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM May I, 2020— April 30, 2021 DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services May 1, 2020 - April 30, 2021 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Madison County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and the Brazos County juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. PURPOSE 1.00 Whereas Madison County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. TERM 2.00 The term of this Agreement is for 12 months commencing May 1, 2020 - April 30, 2021. It shall be automatically renewed for one (1) year terms thereafter, commencing May 1st and ending April 301h of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. PROVISIONS OF SERVICES 3.01 Service Provider will provide: room and, board, supervision twenty-four hours _per day_, seven. days.a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. 3.02 If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. Vol. 2A Le Pg. Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020—April 30, 2021 3.03 Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CIMS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Madison County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re- admission. 3.04 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. 3.05 Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that'would not'be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. 3.06 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. 3.07 The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. 3.08 If a child is cIassified as being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision. This rate includes any partial day(s). 3.09 Any damage to county property or juvenile facility fixtures will be paid for by the Juvenile_ Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. 3.10 Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex -or nationalorigin: 3.11 It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Vol. Pg. 33 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2020—April 30. 2021 3.12 It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) item 3.05 (b) an Order of Release signed by the Judge(s) of the Juvenile Court of Madison County. 3.13 Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. 3.14 Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. 3.15 Each child: placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered; The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. 3.16 Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. - 3.17 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, itis also understood that the Juvenile Court of Madison County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. COMPENSATION 4.00 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.01 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department. 4.02 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County $100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County- and -upon Brazos County's ability- to maintain adequate staffing. - • • - -- 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. if pa finents are not received timely, acceptance of youth wiII be denied until full payntent is received. 3 Vol. P9• Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020- April 30, 2021 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 4.041 If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 4.042. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed -by Service Provider that this Agreement is funded in whole or in part with grant of state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. PIacement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Madison County. EXAM NATION OF PROGRAM-& RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination • and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. Vol. 2 Pg. Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020—April 30, 2021 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. CONFIDENTIALITY OF RECORDS 7.00 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to' be provided pursuant to this Agreement, or as may be required by law. DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: 8.011 For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: Local law enforcement agency; and Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and With respect to juveniles placed by Juvenile Probation, the IUD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231 and Service Provider shall contact Juvenile Probation by telephone at (936) 241-6230 -within 24 hours.' - 8.012 For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to Iaw enforcement; Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toIl-free 1-877-786-7263. Within 24 hours 5 E. :-317-u Pg, 3� Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020- April 30, 2021 of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abusene llectftjd.texas.gov and With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (936) 241-6231. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. a 8.03 As used within this Agreement 8.031 An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident -involving a juvenile in a juvenile justice facility or juvenile justice program. 8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. 8.033 Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. 8.034 Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. 8.035 A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post- adjudication ostadjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. 8.036 A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile. board that _ serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction,of the -juvenile court or juvenile board. jurisdiction and.a.juvenile .. — probation department. CRIIv1INAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: 6 Vol. 3 pg. 3f7 Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020— April 30, 2021 9.021 Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. 9.022 Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. 9.023 Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the - following: 9.041 A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; 9.042 A- deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years, 9.043 A current felony deferred adjudication, probation or parole; 9.044 A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; 9.045 A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; 9.046 A current jailable misdemeanor deferred adjudication, probation or parole; or 9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children -in a juvenile justice facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. I vol. Pg. 3`a Brazos County Juvenile Justice Center Detention Services Agreement DISCLOSURE OF INFORMATION May 1, 2020— April 30, 2021 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: 10.011 Any and all corrective action required by any of Service Provider's licensing authorities; Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct contact with children; 10.012 Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; 10.013 Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; 10.014 The identity of any of the Service Provider's employees, interns, voliuiteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and 10.015 The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. EQUAL OPPORTUNITY 11.00 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local Iaws and regulations. ASSIGNMENT & SUBCONTRACT 12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. OFFICIALS NOT TO BENEFIT 13.00 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8 vol. 31 pg. Brazos County Juvenile Justice Center Detention Services Agreement May 1.2020—April 30,2021 DEFAULT 14.00 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: 14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or 14.012 If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. TERMINATION 15.01 This Agreement maybe terminated.for any reason: 15.011 By either party upon ten (10) days written notice to the other party of the intention to terminate; or 15.012 Upon expenditure of available funds. 15.02 If at any time during the term of this agreement juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. WAIVER OF SUBROGATION 16.00 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: 170.011 That it has all necessary right, title, license and authority to enter into this Agreement; 17.012 That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; 17.013 Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. VOL 31 Le pg. `�O Brazos County Juvenile Justice Center Detention Services Agreement May 1, 2020—April 30, 2021 17.0.14 That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect attd Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. TEXAS LAW TO APPLY 18.00 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. VENUE 19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. LEGAL CONSTRUCTION 20.00 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. PRIOR AGREEMENTS SUPERSEDED 21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Madison County having juvenile jurisdiction. PRISON RAPE ELIMINATION ACT 22.00 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of- services described herein -and the performance= of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation, and all such data may be requested by the Department of justice from the previous calendar year no later than June 30th [PREA §115.387(e) and (f)] 10 Vol, .3I LP P9• Madison County Probation Department Sara Nacianceno Chief Juvenile Probation Officer Madison Cou utho zed Offic' Brazos County Juvenile Justice Center Delention Services Agicoment May 1, 2020- April 30, 2021 Brazos County Juvenile Justice Center Linda Ricketson Executive Director Duane Peters Chairman, Brazos County Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON ` %. / �q_, . 20 d , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH ALL HAVE FULL FORCE AND EFFECT OF AN ORIGINAL. By: / Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 11 va. �1Lp Pg, �� Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT: CC 2020 - Right of Way Road and Bridge NUMBER: Acquisition - White Switch Road - Martha Louise Grabow - 0.35 of one acre DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: ATTACHMENTS: 6/16/2020 Acceptance of Special Warranty Deed from Martha Louise Grabow for 0.35 acre of land to be used for improvements to White Switch Road located in Precinct 1. Commissioners Court Darrell Kolwes 06/04/2020 False False $0.00 56001000-80710000 Right -of -Way Acquisition File Name Description Right of Way Acquisition - Right of Way Acquisition - White Switch Road - Martha Louise Grabow - 0.35 of one acre odf White Switch Road - Martha Louise Grabow - 0.35 of one acre Tvpe Backup Material .R D Dua a Peters Date County Judge vol. 1 Pg. 4?) httns://bra7.os.novusagenda.com/A QendaWeh/C`overSheet.asnx?TtemTD=205 hR 6/11/2020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS § COUNTY OF BRAZOS § GRANTOR(S): MARTHA LOUISE GRABOW Grantor's Mailing Address: 3150 White Switch Road Navasota, Texas 77868-7136 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 261h Street Bryan, Texas 77803 Consideration: White Switch Road KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.35 .of one acre situated in the E. M. MILLICAN LEAGUE, A-40, Brazos County Texas, and being a part of that certain Tract One 2.552 acre tract and Tract Two, being Called a 2.556 acre tract as described in deed from Paul Anderson, et ux to Martha Louise Grabow of record in Volume 3617, Page 327, Official Records of Brazos County; Texas, said 0.35 acre of one acre being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page l of 3 vol. —a\L pg. L0 Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone,. earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this .day of �t�tie. , 2020. Martha Louise Grabow By: �-�- t Carol J46 Kidder, Attorney -in -Fact Page 2 of 3 va. 31�P P9.� Acknowledgment STATE OF TEXAS ° § COUNTY Or f`a-7-0s § This instrument was acknowledged before me on 6 '- �"" o --O by Carol Jeane Kidder, Attorney - in -Fact for Martha Louise Grabow. Notary ID 03778141 , r. My Commission Expires Nota Public July 23, 2022 Notary , State of Texas Page 3 of 3 Vol. a� CP 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 a Phone: (979) 776 — 9836 OURVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com f EXHIBIT "A" SHEET 1 OF 4 FIELD NOTES BRAZOS COUNTY RIGHT OF WAY WIDENING WHITE SWITCH ROAD 0.35 OF ONE ACRE OUT OF THE MARTHA LOUISE GRABOW TRACT ONE CALLED 2.552 ACRE TRACT AND TRACT TWO CALLED 2.556 ACRE TRACT VOLUME 3617, PAGE 327 E.M. MILLICAN LEAGUE, A-40 BRAZOS COUNTY, TEXAS JULY 9, 2019 All that certain lot, tract or parcel of land being 0.35 of one acre situated in the E.M. MILLICAN LEAGUE, Abstract No. 40, Brazos County, Texas, and being a part of that certain Tract One, being Called a 2.552 acre tract and Tract Two, being Called a 2.556 acre tract as described in deed from Paul Anderson et ux to Martha Louise Grabow of record in Volume 3617,Page 327, Official Records of Brazos County, Texas, said 0.35 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap Set in the north line of said Called 2.552 acre tract for the most northwesterly corner, said corner being in the south line of the Dorothy Mae White Poe et al Called 30.00 tract as described in Volume 2201, Page 229, Official Records of Brazos County, the Calculated most northwesterly comer of said Called 2.552 acre tract bears S 87017'38" W a distance of 606.01 feet from which a 1/2" Disturbed Iron Rod foundfor reference bears S 87017'38" W a distance of 0.25 feet; THENCE N 87"17'38" E along the north line of said Called 2.552 acre tract, and the south line of said Called 30.00 acre tract a distance of 41.19 feet to a point in White Switch Road (Possible Prescriptive, No Deed Found) for the most northeasterly corner, said comer being the northeast comer of Called 2.552 acre tract, said comer also being the most southeasterly comer of said Called 30.00 acre tract, a 3/4" Disturbed Iron. Rod found in the Occupied west right-of-way line of -said White Switch Road bears S 87017'38" W a distance of 19.72 feet; • 1 Voi. 2A LP pg. �i 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 Q Phone: (979) 776.-:.9836 URVEYING, LLC Fax: (979) 731-, 0096 FIRM NO. 10093500 Email: curbs@strongsurveying.com v' EXHIBIT "A" SHEET 2 OF 4 THENCE S 02°43'11" E along the east Qne of saitl Called 2.552 acre tract at a distance of 172.67 feet passing a point in White Switch Road for the Calculated most southeasterly comer of said Called 2.552 acre tract, and the calculated most northeasterly corner of said Called 2.556 acre tract from which a 112" Disturbed Iron Rod found bears S 87°08'37" W a distance of 19.73 feet and a 5/8" Disturbed Iron Rod found bears S 87020'19" W a distance of 19.92 feet, and continuing for a total distance of 344.43 feet to a point in White Switch Road for the most southeasterly comer, said comer being the southeast comer of said Called 2.556 acre tract, said comer also being the most northeasterly corner of the Billy Keith Mckinney at ux Called 2.554 acre tract as described in Volume 14273, Page 192, Official Records of - Brazos County, Texas, a 2" Iron Pipe found for reference bears S 01"39'01"W* a distance of 344.23 feet; THENCE S 87°20'44" W along the south line of said Called 2.556 acre tract and the north line of said Called 2.554 acre tract at a distance of 22.03 feet passing a 5/8" iron Rod found In the Occupied west right-of-way line of said White Switch. Road, and continuing for a total distance of 45.43 feet to a 1/2" Iron Rod with Cap Set for the most southwesterly corner, the Calculated most southwesterly comer of said Called 2.556 acre tract bears S 87°20'44" W a distance of 601.77 feet from which a 314" Iron Rod found bears N 87020'44" E a distance of 0.27 feet; THENCE N 02000'47° W through the interior of said Called 2.556 acre tract, and said Called 2.552 acre tract for a distance of 344.41 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.35 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of May.2019 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the east line of said Called 2.552 acre tract to grid north, NAD83CORS(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. 2 Vol; Pg. Lwo _ . yx— cm mm "zmW C7 M N in -n :maG) rn z'�rn comM MOM :m0 ZT Or'n .{ N LA MaZ mNa :, to m r 1yr a �Za D� 00{ rzZ .DM xz OMP o _g! z 00 4 ri r 0 V N im n D r r m v W v X a o o0a o o` �C �r�s W a x N e� c 0a 0 O N 6N O v�p �-!O m O T W _ vnyaw3 Fx !p 3yoN N.A-Q S NC. rn I i � ~ �' o q N 5' z °-oo o`er 0 A T I Co w4a �w0\ W ROI CD no �rn... s �o c [� x ^'waa o Nam TC _ o 7 CA 7 NOOK , �i -' O O.0 a Nn v m O 3 ro x I W VIZ mo1W- IA n Qz0 n HEK4> O W� S -n O��Lun�N 0 m �� Ln Z G� Q N �.z �Ma a�- O � n 10 9 CmrnOw-- A^nn rn z "'� `C m Z = p $ O n� z� mp^z `• v Am J... pa mur ..0 +p9 T -=M��tty�0 0-q Iw yam 9o� CO O 9 O C owi- w as � Z" ;N I I �n m x D r L3 kc) .� C C ttt�111 x m m Mn a O O? o r m m Q m m 01 07 i i _ GD N y Lb x1° X Ohm 0? .{ -{ •i ttQW�� V �O N 010 j( X W O O Os ... lu 0 W l; N X O1 s� m� N � a N gn o n� go \NCL Z Q m N O A T O ko a 0 IL o � PJ X CilO ^p X a ° Vol. 31LP Pg � VOL „®�� P9• RIGHT-OF-WAY ACQUISITION AGREEMENT Road: White Switch Road Project: R1-246 W.Q. No.: 33514 Precinct: i 1 I (we) the undersigned owner(s), accept payment of $6,695.00 as compensation and full settlement for granting of a Special Warranty Deed in; along, upon and across 0.35 of one acre of property located on the above mentioned project.-, Martha Louise Grabow By: Carol Jean Cidder, Attorney -in -Fact Date: Vol. LR Pg. J Item Coversheet BRAZOS COUNTY BRYANJEXAS Page 1 of 1 i4 DEPARTMENT: Road and Bridge NUMBER: CC2020-MUD-1 Southern Pointe Sec 100 DATE OF COURT MEETING: 6/16/2020 ITEM: Request from Brazos County Municipal Utility District No. 1 and Southern Pointe, LLC (per Interlocal Agreement) for maintenance acceptance of the roads in Southern Pointe Section 100 and Escrow Agreement (in lieu of a road maintenance bond). Site is located in Precinct 9. TO: Commissioners Court FROM: Karen Tyler DATE: 06/10/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvpe ILA. odf Interlocal Agreement Backup Material SP Section 100 Street Analysis 02-18-20- Co Maint.odf Maintenance Analysis of Collector and Local Streets Backup Material Escrow Agreement.odf Escrow Agreement Backup Material Total Proiected 10 Yr Maint Cost Per Yr Amount- SKMBT 55220051411030.pdDeposit Receipt for Escrow Backup Material f �IRO"'7 Duane Peters ate County Judge E . pg. _ httnc•//hra7nc nnxnicarranda r -nm Anr-n a a nvP tamTTl=7f15R(1 All 1/Wmn �z INTERLOCAL AND FUNDING AGREEMENT FOR THE MAINTENANCE OF ROADS THE STATE OF:tEXAS COUNTY OF BRAZOS THIS .INTERLOCAL AND FUNDING AGREEMENT ENT FOR THE MAINTENANCE OF ROADS (the "Agreement")!'Is made and entered into by: and among BRAZOSCOUM, a p64tical subdivision of the State of Texas (the "County"), BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT No. 1, -a political subdivision of the State of Texas"' o'p'pr'ating as amunicipal utility district -.(the "District");, and Southern Pointe LLC, a Texasy company .l#nii�d liability '(jie,'"Developer"), The County, the District and the Developer may hereinafter collectively be iefiii6d t6:as'th6 'paide's: RECITAT-S VVT=AS,`th6Pisftict B& ivithiii Bra'zosCdiiniy, Texas, WHERE -AS, the Developer* is developingland within the Distfict; WHEREAS, the*Dis.trictwill be a mixed -use community, primarily residenti4,, in the unincorporated :area of the' County, with roads 6orikbadi ed to the standards of the City .of College ge 'Station; WIMRE. 'the: Cou owns or will , own all public roads . . (the .. .. . Pty within the boundarid of the District (the "Roads");. Wit, in. consideration of the County's acceptance -6f'.alpublic roads within the'Nstritt for ownership, operation, and maintenance, the C6uhtye dqojop.&: and the District desire to enter into .an interlocal andlundin9 agreement providing for; .. . . the care and maintenance by the *District and/of "the Developer of the. County's roads lying within the District's boundaries. AGREEMENT NOW TfIEREFORE,, in consideration of the foregoing premises and mutual covenants and agreements expressed herein,.1he parties hereby agree as f6llows: t.. ARTICLE ONE OWNERSHIP AND* MAINTENANCE OF THE ROADS 1.1 Coir rudknn.owriei9hi' d - Control.. The District and/or; the beveloper- -91-iah �P an construct ,or improvqPw-,onexisting roads to serve the District pursuant to -a traffic impact analyw:-prepared by.,ii-, qualified engineer, and ;in proportion to such traffic 637838.3 V01. 1 CP pg. 53 generated by the District, as required by agreements with the City of College Station (the "City".). The.;Distilct and/or Developer will work with the County so thatroads adjacent- to, and.seivicing the District are improved -to -accommodate development generated by the District in accordance with then current traffic impact analysis. The.Develbper agrees to enter into any road development agreemerits:wf th the County as might :be necessary to accomplish the improgeinent of :said ;roads adjacent to and seryicing.the District in accordance with such traffic -impact analysis. The District and/or Developer shall construct suchloads to standards required by agreements with the City. Subject to such standards, the.County accepts .or will accept the Roads -covered by this Agreement into the County's system -of roads. The County will accept the Roads after submission by .the District engineer of a certificate of 'completion-of.construction of the Road which will include an affidavit of all bills paid, •assignment of all warranties, and a contractor's performance and maintenance bond. After acceptarice, the Roads- will be public roads, and the generalpublic will have the same access as othex County roadways. 1.2,M aW, The Parties agree that:the Developer and/or District shall perform, all maintenance (the "Maintenance") on. the :Roads at least 'to a . standard of similar types -.of roads M the City. The District and/or Developer will follow all standard District procedures and state law, including competitive bidding requirements, -if any, in performing all necessary repairs and maintenance on the Roads. 1.3,f0f rierif. bL-_ ilaintaff- .-Csts. The Developer .and/or District will be respon§ible for;:all costs of 1Vlaiiiterianee of the Roads and pay such Mainteriance. costs either: through advances by the Developer of through- other legally . available revenues.' The. Developer and/or District agrees tQ include in, the construction contract of any Road -a maintenance bond from a' -surety that is licensed to do business in -Texas, meets all applicable -regulatory criteria and`in which -the surety .guarantees the contractual Road maintenance obligations of -the - Developer and%rbistrict to the County as compensation if -the District: and/or. Developer does not fulfill. its. obligations. The Developer and/or District agrees to keep in place a maintenance bond in a commercially reasonable amount or some other form of .guarantee. generally accepted by the County until ,the earlier of such time as (1) said.Rgad or portion;of•the Road has.been:annexed into the. City of College;Station or (2) -the District maintains a segregated.Districf account from legally available funds (including.bond; proceeds)'for:road maintertance.-of, said :Roads ( -the "-Road ':Maintenance. Fund") -iri an amount that :isgenerally accepted_ and reasonable £or..similarlypes 'droads in*theBrazos County -:area for annual maintenance costs of the: Roads. If the=District elects. to -create a Road. Maintenance Fund- in lieu of a maintenance bond pursuant to this Section 13; the Disthct`N ih l dhf&-iiito an escrow" agreement substantially. in the form -attached hereto. as Exhibit "A". The terms of..:thb escrow agreement will -provide that -the County may ;access the Road Maintenance Furid . iri the event Ihat .the District -2- 637838;,3. Vol 0 6378U_3 does not :perform Maintenance .on tl.ie Roads pursuant. to this Agreement and only .after the County -has -given' the. District.no'tkei. and iopporturiiiy to cure pursuant to Sedd6n 2.'0 below. The Distrkt agr&s to provide the Con an.ty auditor an accounting of the -Road Maintenance Fund on an -anmial basis or. any time upon request ARTICLE TWO_, GENERAL PROVISIONS 2.1. t6op, The.parties agree with each other. In : gobd-faith at.al I I . times to effectuate the purposes and'intent of this Agreement 2.2: bifig ffiMWj?AL1H6gs. The piarties. . heteto.agree. that they -vvill-take such other and lu'rih& actions and execute such other -arid further' con'sL-nts,. authonizations, instruments or -documents -as are necessary .or incideniEil to.effectuaie the.purposes of this Agreement. 2.1 Pay-merii from Current - Revermes. A governmental entity requiried to make payment hereunder sheM`p:rovide -for payment of same from -current revenues or'other funds of said party lawfully available for this purpose. 2.4. Tjgr-jja-!-AfmexaorL�. This Agreement shall remain in effect for so long as. tfi6 District in existence and shall terminate of such tune as the. C# e' Station, Tekd§, anhe�iestM .'Digtrict .y 6f College 2.5.' Notice. Any notice - required. or permitted to be - delivered under -'this Agreeriiehtshiill'be deemed received on th6.8arliei- bf (i) actual receipt by mail, Fede al Express p .rg .. .... or other overnight ;delivery service, 'tel&opy, or hand delivery, or (H) - three business days after being sent by. United States mail, p6sfage:prepaid, certified mail, return receipt requested, addressed to the County:or the District. Addresses for nofict, shall*b6"a"s follows: County: Brazos County 300 E. 26th Street, Suite 323 Bryan, Texas 77803. Aftn:.. . TAY Cou Judge With copy to: County Attorney Distrfct: Brazos :Co.jintyMui-Licipal-Utility-Distr!6t Nb;..l c/.9 Allen.13oone Htrnf)hr1esR6bins6n-LIX 3200-Southwest.Freeway,.$uite 2600 Houston;. TX77027 Atin: Steve Robinson -3- F071:3�:L:P_ P9. District's Bookkeeper: F. Matuska 'Inc. 4600 Highway 6 North, Suite 315 Hbustoft, TX 77084. Attn: RO'S*e Montalb:a*no Developer: Soutliern Pointe, LL -C., 1 TM Texas Highway 6 South College Station, TX 77845. Attn., William Ri Mather i. 2.6. Remedies;.Notice of Default Default by a party shall .occtir if the party fails - to peit6im or observe any of the terms -and -conditions of this Agreement required to be performed or observed by that party. The party alleging the default will gi other party default ..If ye,the p written notice of the def .. If the party -in default fails'to cure the default4ithin.6ixty (60) business" days.of 'the. -date of, the notice' (and an additional re"OhAble.tirrie after such receipt if .(A) fti& f ailure cannot b6'6 �u' r6d"' within such :-s N-ty. (6. P.): b U's m—es's''day' period; od; and (B th6 party in default commences curing :such" failure within such : sixty (6O business day :period -and thereafter diligently pursues the curing of such failures), the party giving the notice may. pursue any remedies permitted by . law including -filing suit in a court of competent -jurisdiction in Brazos County, Texas, and seeking specific performance of :the - terms of the Agreement., , In addition to any other remedies permitted by law, in'the-event of a failure of the District of Developer to Perform Maintenance:of the:Roads as required by this Ad Bement, and gfff6i the requisite notice, and opportunity to:curo,.the C 6unt 'C County may a.demand for f�.nds -for..Road Maintenance 6,nance.to the Escrow Agent ---pursuant to thelerms of. the EscroW. Agreement, the form of which isaffac'hedhereto as "Exhibit -A". 2.7. Enffre, 9t g�gf- This Agreement - contains. the entire agreement 'of the.. parties and supersedes all prior and contemporaneous understandings or. representations, whether oral or -written, respecting. the subject matter:hereof. 2.8. Am.-efidhieiits, Any amendment to the Agreement must be writing and signed by.the-authorized representatives of all parties'. 2.9. hifervrdbafiowbnd Aifthb&. The -parties acknowledge that this Agreement. is.entered into pursuant-;tb the authority of -Texas law,-Ind'udin& without limitation, the .authority .conferred ip.'V.T'C.A.-GoVt Code, 791, et. seq.j.W.MC.-A-: Water Code, Se6ti6n 49.213; In the event --of any conflict:. between the-. provisions* of thi.9. Agreement and the provisions of -any other ageerrient entered into by dhd:betw'eenthe p'#H6; th6 provisions;of -this Agreement shall prevail with respect, to the subject matter 1&eof. '-Except:'As- set -forth above, this Agreement -shall not- be construed so as to. modify, 63783L3 Vol aj�2_ pg. H.4 '� supplement or otherwise alter the provisions of any other agreement entered into by and between the County, the Developer and the District. 2.10. :Assign_t. No party may assign its rights and obligations under the I_.. Agreement either in whole or in part without written consent by all parties. 2.11.Na':TIiiid P'arEy,^B.ene+Eieiaries. Except as expressly provided above, nothing herein 'Alf construed to'confer .upon any person other -than the.parties hereto any rights, benefits or remedies under or by reason o£ this Agreement. 2.12, Mi-Joint..:Venti re„ Partnership,, .Aker.. This Agreement shall not be construed in any form or manner. to establish a partnership, joint ventcire or agency, express or implied, or any employer-employee or borrowed servant relationship by and among the parties hereto. ResparisMties for Manner. and Means"-d.'.s2}.! 6 -Em- "nee:. The. District is performing all its.duties to this Agre'eritent.as an.indepeiid' t -contractor. The' District shall have the exclusive authority. and responsibility for determining the manner'. and: means of .performance under this Agreement and for selecting and supervising the persons who perform the work. The County shall only have the authority to approve or reject the outcome of the 'District's efforts. AccordinglyAhe County: shall not have any liability for intentional or negligent -torts..co' iinitiecl .by the District or its .agents -in connection with the work contemplated by this Agreement. 2.14. pp7ic bTe:.T aVu.. This Agreement shall be' governed by and construed in accordance with the laws of -the State'of Texas. 2.15. Venue., Venue for any suit arising under this Agreement shall be Brazos County, Texas. 2.16. D t` cate gmals - This .Agreement. may be. executed in one or more duplicate origizials, -each of equal dignity. '2.17. ffeci &6'Wr& This Agreement shallbe effective on the later of the datesIhis Agreement is executed by the authorized representative of both parties. 2.18. Warranty. By execution of this Agreement, the 'County, the Developer. and. the District•warrant that the duties accorded -herein are Within their respective powers and authority. (THE BALANCE OF THIS PAGE IS INTENubi iALtI LEFT BLANKj -5- 63783p — Vol. 31 pg. EXECUTED asofthisa�. dayof., �.W�016,bvthe COUNTY. coF B By- N :e: � — Z- iaii6.1 ' Title: c ATTEST: By: Name: Title: EXECUTED as of this _--,.—day .4 -2016, -by the DISTRICT: ATTEST: wz Title: BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT. By: :. :: r l � Name: Title: F— Vol. 3\l,0 --Pg. 5-1176 t.TCLMD AR $04 Pam& *--44- $Y---, 4al -- By. Titi . ,�w Vol. --3 LLP pg. _fq L E)aM1T:A FORM OF ESCROW AGREEMENT This Escrow Agreement is entered into as of of . 20___,- by and between BRAZOS COUNTY. MUNICIPAL UTILITY DISTRICTNUMBER 1, a conservation- and reclamation district and a political subdivision -of the State of Texas (hereinafter called "District"), and. ___ .- (the "Escrow Agent").; The District and Brazos County (the "County") entered into an'Iriterlocal Agreement For the Maintenance of Roads dated December . 2016 (the "Agreement"') for 'the purposes of providing for the ownership, -operation and maintenance of roads within the District; and The County'agreed to accept ali public roads within the District into the County road system and the District agreed to pay for the cost of maintaining such roads; and The Agreement requires that the District may either -keep a maintenance bond in place or maintain a segregated District account from legally available funds referred *to in the ,Agreement -as the Road Maintenance Fu fid to fulfill its obligations under the Agreement; and To carry out the directives of the Agreement, the: oad Maintenance Fund is hereby placed by, the ' District in ' escrow (the' "Escrowed Funds"), and the Escrow Agent is only authorized 'to release the -Escrowed Funds as herein directed; Now, Therefore, FOR.A.ND.IN CONSIDERATION OF THE PREMISES, the District and the Escrow Agent agree as follows: Section;,1: The District will deposit into the Escrowed Funds such amounts as described in the Agreement •to be placed into: escrow *by the Escrow Agent into a segregated account (the "Escrow Account"); Section 2: The Escrowed Funds, excluding any. interest earnings thereon, shall beheld by the -Escrow -Agent -in escrow and released as follows: (1) Upon #p sentadori by -the District's bookkeeper -of a construction contract;. pay estiinate or work proposal.for maintenance or repair of roads,within the District; or 635756 vol. 31l!? Pg. (2) Upon presentation by the County's auditor of a construction contract, --- pay estimate or work proposal for maintenance or -repair -of roads within the District; or (3) Upon presentation 'of a District resolution with ackinowledgerilent by the County auditor that, funds .in-thd Road Maintenance Fund. are.:no longer required to be escrowed and may be released to the District for any public purpose. Section I The Escrowed Funds shall *be held by -the Escrow Agent in investments authorized and secured in accordance with the District's investment policy and state law. 56diffi. , The Escrow Agent will keep complete: and correct books of records and accounts relating to: the receipts, &burs6metts, allocations and application:' of the money.'cieposited to the Escrow Account, and investments of the Escrow Account and all.proceeds thereof. The records shall be available for inspection at reasonable hours - ahc under reasonable conditions by the :District and the County. See,_6n� This Agreement shall be governed. exclusively by the applicable laws of the State of Texas. Venue for disputes shall'be in Brazos County,'Texas. Section .6. No modification or amendment of this Agreement shall be valid unless the.sanie is. -In writing and is signed by the'District and County and consented to by the Escrow Agent. Sect Oh t If'any term; covenant,. condition or:provision of this Agreement is held by a court of competent jurisdiction to be Invalid, void or unenforceable, the remainder of the provisions shall remain .in full force and effect and shall -in no way be affected, impaired or invalidated thereby. Seofiia_`S. The Escrow Agent shall be entitled to. compensation for its services as stated in the:fee schedule -agreed.to by the Escrow Agent:and. the District from lime to. time, which .compensation shall be .paid -by the: District but may not be.paid,directly frbm the*Escrow Account. .-ged6n R The Escrow Agent shall be authorized to accept. and -rely upon the certifications and documents -furnished to-fhe Escrow Agent by the -District, or the.County and..shall not be liable ,for the payment of any funds made in reliance in good faith upon such -certifications or other documents or -approvals, as herein recited. 635756 - _- -- El. P9• i Section.10. This Escrow Agreement shall expire upon final transfer of the funds in -the Escrow Account to the District or upon annexation of the District by the City.of College Station. IN WITNESS WHEREOF the parties have executed, this Escrow Agreement as of the date and year first written in this Escrow Agreement. BRAZOS COUNTY MUNICIPAL UTILITY'DISTRICT NUMBER 1 President, Board of Directors - ATTESTc.; Secretary, Board of Direc ors T' (SEAL) ATTEST: Name: Title: ESCROW AGENT By Name:; 63SI56 Vol. I C0 pg, LQ ® JONES ICARTE R 10 -YEAR PROJECTED MAINTENANCE ANALYSIS of LOCAL STREETS in SOUTHERN POINTE SECTION 100 February 18, 2020 GENERAL INFORMATION Constructed 2019 6" Thick Reinforced Concrete Pavement 3,500 psi (M4 bars at 18" OCEW) Total Centerline LF constructed in Section 100 4995 LF Pavement Width (BOC to BOC) 27 LF Street Name Beginning Station Ending Station Eldora Drive 0+73 17+30 Daytona Drive 1+38 9+98 Rockford Drive 2+00 7+76 Southern Cross Drive 2+00 8+73 Spartan Drive 1+72 12+75 Durant Drive 1+13 2+39 End of Contractor 1 -Year Warranty April 13, 2020 Begin Brazos County Municipal Utility District No.1 Maintenance April 14, 2020 ESTIMATED MAINTENANCE ITEMS CONSIDERED IN 10 -YEAR ANALYSIS PROJECTED FREQUENCY REPAIR COST_. PREVENTATIVE"' 1. Joint and Crack Sealing Once Every Three Years (3) $ 26,000.00 2. Restriping (Type I Thermoplastic) Once Every 10 Years . $ 1,000.00 Subtotal 10 -Year Projected Preventative Maintenance Cost $ 27,000.00 RECONSTRUCTION(') 1. Full Depth Repair of damaged concrete panel (20'x13.5') Three panels every 10 years $ 10,600.00 Subtotal 10 -Year Projected Reconstruction Maintenance Cost $ 10,600.00 Tota(Projected ,30 -Year Maintenance Costs 37,600:00 . Total Projected .10 -Year Maintenance Costs`per Year $ 3,760 00 Total Projected 10 -Year Maintenance Costs per Month $ 313,00 Total Projected 30 -Year Maintenance Costs per -Year per LF Centerline $ 0.75 Notes: (1) Preventative maintenance activities are intended to slow the rate of pavement deterioration. Prior to implementing any maintenance, additional engineering observations are recommended to determine the type and extent of preventative maintenance. (2) Reconstruction was assumed to be the result of a single failed joint in the pavement. This assumes replacing the concrete panels immediately adjacent to the failed joint, requiring sawcutting and replacing the full depth of the concrete. Due to the expected durability of concrete with a sufficient preventative maintenance plan in place, it was assumed that a repair requiring a full depth replacement will only be required one time in a 10 -year time period. (3) It was assumed that crack sealing maintenance would occur once every three years, and that over a ten year period, this maintenance would result in the replacement of 1/3 of all of the joints. (4) Construction quantities were generated without the benefit of a detailed design. Quantities are for preliminary cost estimate purposes only. (5) Unit prices were derived by evaluating competive bids in the project area at the time of preparation. Unit prices are subject to change based on market conditions. (6) For estimating purposes, Item amounts are rounded to the nearest $100. (7) This estimate represents my best judgement as a design professional familiar with the construction industry. Jones I Carter has no control over the cost of labor, material, or equipment, Contractor's methods of determining bid prices, competitive bidding or market conditions. Accordingly, Jones I Carter cannot and does not guarantee that bids for future work will not vary from this estimate. This Document is Released for the Purpose of: General Financial Planning Under the Authorityof: Engineer: Derek M. Walton, P.E. License No.: 116134 It is Preliminary in Nature and not to be Used for Feasibility of Land Purchases, Bond Page 1 of 2 Applications, Loans or Grants. Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 70046107 X101. 2J1Lp Pa" LQ 3 0 JON E5ICARTER 10 -YEAR PROJECTED MAINTENANCE ANALYSIS of COLLECTOR STREETS in SOUTHERN POINTE SECTION 100 February 18, 2020 GENERAL INFORMATION " Constructed 2019 8" Thick Reinforced Concrete Pavement 3,500 psi (#4 bars at 18" OCEW) Total Centerline LF constructed in Section 100 2270 LF Pavement Width (Back of Curb to Back of Curb) 38 LF Street Name Beginning Station Ending Station Darlington Avenue 2+88 25+58 End of Contractor 1 -Year Warranty April 13, 2020 Begin Brazos County Municipal Utility District No. 1 Maintenance April 14, 2020 - ESTIMATED _ MAINTENANCE'ITEMS CONSIDERED IN 10 -YEAR ANALYSIS PROJECTED FREQUENCY ,REPAIR COST PREVENTATIVE(" 1. Joint and Crack Sealing Once Every Three Years $ 13,000.00 2. Restriping (Type I Thermoplastic) Once Every 10 Years $ 10,000.00 Subtotal 30 -Year Projected Preventative Maintenance Cost $ 23,000.00 RECONSTRUCTION(') 1. Full Depth Repair of damaged concrete panel (20'x19') One panel every 10 years $ 5,200.00 Subtotal 10 -Year Projected Reconstruction Maintenance Cost $ 5,200.00 Total Projected lO-Year Maintenance Costs $ 28,200.00 Total Projected 10 -Year Maintenance Costsper.Year. $ 2,820.00 Total Projected 10 -Year Maintenance Costs ier Month $ 235.00 Total Projected 10 -Year Maintenance Costs per Year per LF Centerline $ 1.24 Notes• (1) Preventative maintenance activities are intended to slow the rate of pavement deterioration. Prior to implementing any maintenance, additional engineering observations are recommended to determine the type and extent of preventative maintenance. (2) Reconstruction was assumed to be the result of a single failed joint in the pavement. This assumes replacing the concrete panels immediately adjacent to the failed joint, requiring sawcutting and replacing the full depth of the concrete. Due to the expected durability of concrete with a sufficient preventative maintenance plan in place,.it was assumed that a repair requiring a full depth replacement will only be required one time in a 30 -year time period. (3) It was assumed that crack sealing maintenance would occur once every three years, and that over a ten year period, this maintenance would result in the replacement of 1/3 of all of the joints. (4) Construction quantities were generated without the benefit of a detailed design. Quantities are for preliminary cost estimate purposes only. (5) Unit prices were derived by evaluating competive bids in the project area at the time of preparation. Unit prices are subject to change based on market conditions. (6) For estimating purposes, item amounts are rounded to the nearest $100. (7) This estimate represents my best judgement as a design professional familiar with the construction industry. Jones I Carter has no control over the cost of labor, material, or equipment, Contractor's methods of determining bid prices, competitive bidding or market conditions. Accordingly, Jones I Carter cannot and does not guarantee that bids for future work will not vary from this estimate. This Document is Released for the Purpose of: General Financial Planning Under the Authority of: Engineer: Derek Ni. Walton, P. E. License No.: 116134 It is Preliminary in Nature and not to be Used for Feasibility of Land Purchases, Bond Applications, Loans or Grants. Page 2 of 2 Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046107 'Ll -)ILP pt 10.4 ESCROW AGREEMENT This Escrow Agreement is entered into as of the 4f of March, 2020, by and between BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation district and a political subdivision of the State of Texas (hereinafter called "District"), and BBVA USA (the "Escrow Agent"). The District and Brazos County (the "County") entered into an Interlocal Agreement For the Maintenance of Roads dated December 27th, 2016 (the Agreement) for the purposes of providing for the ownership, operation and maintenance of roads within the District; and The. County agreed to accept all public roads within the District into the County road system and the District agreed to pay for the cost of maintaining such roads; and The Agreement requires that the District may either keep a maintenance bond in place or maintain a segregated District account from legally available funds referred to in the Agreement as the Road Maintenance Fund to fulfill its obligations under the Agreement; and To carry out the directives of the Agreement, the Road Maintenance FiLnd is hereby placed by the District in escrow (the "Escrowed Funds"), and the Escrow Agent is only authorized to release the Escrowed Funds as herein directed; Now, Therefore, FOR AND IN CONSIDERATION OF THE PREMISES, the District and the Escrow Agent agree as follows: Section 1: The District will deposit into the Escrowed Funds such amounts as described in the Agreement to be placed into escrow by the Escrow Agent into a segregated account (the "Escrow Account"), as shown in Exhibit A. Section 2: The Escrowed Funds, including any interest earnings thereon, shall be held by the Escrow Agent in escrow and released upon: (i) written request of the District's bookkeeper (the "Bookkeeper") authorizing the release of funds, in whole or in part, to any District account or (ii) written instruction, order or judgment entered by a court of competent jurisdiction, including the decision of any arbitrator, setting forth the amount of the funds to be paid out of the Escrow Account and the party to whom such funds shall be paid. The Bookkeeper is the firm of F. Matuska, Inc. The Board of Directors of the District 846768 31 LP pg. 5 VolE shall give written notification to the Escrow Agent if there is any change in the Bookkeeper. Section 3: The Escrowed Funds shall be held by the Escrow Agent in investments authorized and secured uz accordance with the District's investment policy and state law. Section 4. The Escrow Agent will keep complete and *correct books of records and accounts relating to the receipts, disbursements, allocations and application of the money deposited to the Escrow Account, and investments of the Escrow Account and all proceeds thereof. The records shall be available for inspection at reasonable hours and under reasonable conditions by the District and the County. Section 5. This Agreement shall be governed exclusively by the applicable laws of the State of Texas. Venue for disputes shall be in Brazos County, Texas. Section 6. No modification or amendment of this Agreement shall be valid unless the same is in writing and is signed by the District and County and consented to by the Escrow Agent. Section 7. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall .in no way be affected, impaired or invalidated thereby. Section 8. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule agreed to .by the Escroi;� Agent` and the District from time to time, which compensation shall be paid by the District but may not be paid directly from the Escrow Account. Section 9. The Escrow Agent shall be authorized to accept and rely upon the certifications and documents furnished to the Escrow. Agent by the Bookkeeper, the District or. the County and shall not be liable fot the payment of any funds made in reliance in good faith upon such certifications or other documents or approvals, as herein recited. It is understood and agreed to by the parties that, in the event of any disagreement involving the parties to this Agreement or any other persons resulting in adverse claims to or demands being made in connection with or for the Escrow Account, Escrow Agent shall be entitled, at its option, to refuse to comply with such adverse or conflicting claims or demands, so long as such disagreement shall continue. 846708 Vol. 1(..P Pg. L,g Section 10. This Escrow Agreement shall expire upon final transfer of the funds in the Escrow Account to the District or upon annexation of the District by the City of College Station. Section 11. Escrow Agent's duties and responsibilities in connection with this Agreement shall be purely ministerial and shall be limited to those expressly set forth in this Agreement. Escrow Agent is not a principal, participant, or beneficiary in any transaction underlying this Agreement and shall have no duty to inquire beyond the terms and provisions of this Agreement except as specifically provided herein. Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of the terms and conditions of any other agreement, instrument, or document other than this Agreement, whether or not an original or a copy of such agreement has been provided to the Escrow Agent; and Escrow Agent shall have no duty to know or inquire as to the performance or nonperformance of any provision of any such agreement, instrument, or document. Escrow Agent shall not be required to take any action with respect to any matters that night arise in connection herewith, other than to receive, hold, and deliver the funds in the Escrow Account as herein provided. Without limiting the generality of the foregoing, it is hereby expressly agreed and stipulated by the parties hereto that Escrow Agent shall not be required to exercise any discretion hereunder, shall have no investment or management responsibility and, accordingly, shall have no duty, or liability for its failure to provide investment recommendations or investment advice to the District. Escrow Agent shall have no responsibility at any time to ascertain whether or not any security interest exists in the funds in the Escrow Account, or to file any financing statement under the Uniform Commercial Code of any jurisdiction with respect to the Escrow Account, or any funds deposited therein. Section 12. Any notice or other communication herein required or permitted to be given shall be in writing and may be personally served, or sent by facsimile or United States mail or courier service and shall be deemed effective when delivered in person or by courier service, upon receipt of facsimile, or three Business Days after depositing it in the United States mail with postage prepaid and properly addressed. For the purposes hereof, the address(es) of each party hereto shall be as set forth under such party's name on the signature pages hereof or such other address(es) as shall be designated by such party in a written notice delivered to the other parties heret-O. Section 13. Escrow Agent may resign at any time from its obligations under this Agreement by providing written notice to the parties hereto. Such resignation shall be effective on the date set forth .in such written notice, which shall be no earlier than thirty (30) days after such written notice has been given, unless an earlier resignation date and the appointment of a successor escrow 846766 Vol. 31 U pg. C� 7 agent shall have been approved by the District. In the event no successor escrow agent has been appointed on or prior to the date such resignation is to become effective, Escrow Agent shall be entitled to tender into the custody of a court of competent jurisdiction all assets then held by it hereunder and shall be relieved of all further duties and obligations under tivs Agreement. • Regardless of whether it resigns or is removed, Escrow Agent shall have no responsibility for the appointment of a successor escrow agent under this Agreement. Section 14. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral, and all prior written understandings, agreements, solicitation documents and representations, express or implied, between or among two or more of the parties hereto. This Agreement and any affidavit, certificate, instrument, agreement or other document required to be provided hereunder may be executed in multiple counterparts, each of wluch shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. [EXECUTION PAGES FOLLOW] 346768 Vol. 311D - pg. IN WITNESS WHEREOF the parties have executed this Escrow Agreement as of the date and year first written in this Escrow Agreement. BRAZ.OS COUNTY MUNICIPAL UTILITY DISTRICT NO. I Presi ent, Board of Directors ATTEST: Secretary, Board o�ctors (SEAL) 846768 FH o i' 31 vC P g o 9 Name: Title:S5 ESCROW AGENT Name: Vice President Title: Municipal Utilities Mogm- 846768 Vol. pg. lo 5/14/2020 BBVA Interim Statement as of 05/14/2020 PUBLIC FUNDS 14ONEY MARKET Account #:6784342555 BRAZOS COUNTY MUD 1 Last Statement Date: N/A ATTN FRAM MATUSKA INC Last Statement Balance:'$0.00 4600 HIGHWAY 6 NORTH STE 315 HOUSTON, TEXAS, 77084 *****DDA Transactions***** Posted Balance as of 05/14/2020 : $6,580.00 Date Description Check# Debit Credit Baiance 05/12 BRANCH DEPOSIT $6,580.00 $6,580..00 Vol. pg. Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of I DEPARTMENT: CC 2020 - Utility Permit - Brazos Road and Bridge NUMBER: WIFI - North Country Drive and Vaquero Drive - 8 crossings for int DATE OF COURT MEETING: 6/16/2020 ITEM: Consider and take action on the Brazos WIFI utility permit to conduct 8 road bores for the installation of a fiber optic communication cable for internet service on North Country Drive and Vaquero Drive. Sites are located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: Commissioners Court Darrell Kolwes 06/11/2020 False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit - Brazos WIR - North Country Backup Utility Permit - Brazos WIFI - North Country Drive and Vaquero Drive-- 8 crossings for intemet service.pd Drive and Vaquero Drive Material - 8 crossings for intemet service A Duane Peters County Judge Date iJoi. 3-1 �.o Pg. 7D D httnc•//hra7nc.nnvnsauenrja cnm/AaPnriaWPh/f nve.r.qhPet acnx9TtemTT)=?niR4 h/i 1/?n?O NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI [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 notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 80 feet under North Country Dr 404 feet North / North East of Blazing Trail, 703 feet North / North East of Blazing Trail, 988 feet North / North East of Blazing Trail, 1364 feet North / North East of Blazing Trail, 1664 feet North / North East of Blazing Trail. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Directional bore 80 feet under Vaquero Drive at the intersection of Vaquero Drive and North Country Dr, 166 feet West of North Country Dr. and 755 feet West of North Country Dr. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 90 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60th day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Vol. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: Signature Project Manager Title 12135 S. Hwy 30. College Station TX 77845 Address (979)999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION 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: fio V"c r Brazos County Engineer VoB.--ZAl2__ Pg.�� Vol. 31(.0 Pg. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safetv Reouirentents I . Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. 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. S. 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. rrafftc 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; Fvoi. pg.= 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. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally V Phone -2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval frorn 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. ollowing:- 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 tiaveled 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. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. pg. rp shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Renairs to existinr 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. C. 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 Pinelines I. 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 gradel Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick.and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to. a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. VOL LP a9: 9-�.O - Spg�� tis 5 a Mfi € RN�S :aEfi � gg�•gb�s�� g... lit � �Eti lit 4�g�a11�fi�� ka�e - n 2111-H 1'b fill ,( iS = :bE .2885 hYL= g8 - _j sus sfl�g�e °r b �a .f J dGuo —•—lull lWw.)Q-it•fll —.—. 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W& Lp p - - — 5 .1 O'b"i .146 /° .,K -1d . m,n 110 a J v = cc a N z g0 u V C F 00.. C N Vol. pg. cn IR 9 q Wi *q M r*t 0! M JCi m m m e4 rq w , m N Ln a.^ri m %cc C.6; LA P n q Ln c4 Ln v; ao 0I co m f. q M co cn vi Ul 03 w to OR cq 'I rli u LA 100 n rl r4pp Ik� a! 'I m c4 N m w Q 0 Ul � 1 Obi M: -4 -1 D M 'i L" d g g .6 m m Ln r -t w V: ,-g m PI Li IQ q OMR, LU fn ui w 0 . 00 0 n I C1 A 1, 0, P't g .5 Iq IMA a; r4 In, N ri ta M a, 'R q IR b 00 �q rriG, Cc! 'R 1A V: b .4 V1 C; I' N r� 6i N , E �� 2 0 m r4 o %6 m m K Ln m K R N ai M I T OS �v CO ; C, " - Ln C, CS C6 R80 G* m W; LA 0 w m 0 m m m 6 'd 4 4 'i C6 o 0 tu tu Cc m N n^ Ln m lwll M -q 14 q CO m q" m Z CA w A m -1 ZO J%% FD r'� rg '0 6 4 d 6 gi 'd O O8 IS w 0; r4 eq R, 14 R, Z m 0 ri r4 WN M V: K r, co C6 0 LA 0 6 Npp v cq 's W C! N I? Ol P a! Iq O ti LOA q N I eq co V, e m m 6 w - a, Az� g a w 4 A w ;In m m . Ci ..... M 16 -e -Z 14 t6 r4 a; r.: cr; Lr; cl r4 C5 C; m w LM L71 z Z Luca- z i2 9 00 t3 gF'a ip A < z n 0 d 8 b a ti 2 � 9- LU ;0 z ;u 8 8 8, '8 11 NI '-"-I RM 'Wil �d il."M IMP 'Al 'Al 'M _2 O Q81 mil R80 Q'I 41 Mi P- A Q a- c, Vol. pg. 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 Commissippers' 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) 0 Witness my hand this day of A.D. 2020 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this / C9 day of Steve Aldrich, Commissioner Precinct #1 Chuck �Konderla, Commissioner Precinct #2 Treasurer's Report for the MONTH APRIL 2020 Vol: 2 pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 37.1 — 37.3 On this the 16th day of June 2020 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on l 6th day of June 2020 the Court heard and approved a budget amendment(s) for the 2019-2020 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 10 September 2019, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16th day of June 2020. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Dua Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. --2_lo___. pg. TO BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120.37.1 611612n2n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTIONIncrease Decrease Grant Fund Risk Management COVIDI9 Departmental Support 18,466.50 Grant Fund Risk Management COVIDI9 &Gnor Acquisitions 18,466.50 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 30000 12500200 60600000 CR Office Su lies 18 46650 30000 12500200 672810000 DR Equipment - Electronic 18.466.50 Risk ,Nlanagement - CO V ID 19 Reallocation of funds to the appropriate department's account to track purchases regarding health and safety items related to COVID-19 by Risk Management. This will help track reimbursable items related to the Coronavirus Supplement Funding Grants. rtmentAprov_a{u.-.._ Date, , 41 :County__ tigt _ VOL 2A (0 pg. SS FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 30000 12500200 60600000 CR Office Su lies 18 46650 30000 12500200 672810000 DR Equipment - Electronic 18.466.50 VOL 2A (0 pg. SS BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 37.2 611612020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Capital Improvement Fund Capital Projects Capital Outlay 94.780.72 General Capital Improvement Fund Other Financing Sources 94.780.72 General Fund ACCT Other Financin • Sources 94.780.72 General Fund Sheriff Administration Minor Acquisitions 21,676.98 General Fund Sheriff Administration Jail Minor Acquisitions 9,854.86 General Fund Constable Pet #I Minor Acquisitions 13.560.29 General Fund Constable Pct #2 Minor Acquisitions 20.785.95 General Fund Constable Pct #3 Minor Acquisitions 14,451.32 General Fund Constable Pct 94 Minor Acquisitions 14.451.32 63000500 80893010 CR Vehicles - Constable Pct #1 1707.22 45000 63000500 80893020 CR Vehicles - Constable Pct #2 3,610.83 45000 63000500 80893030 CR Vehicles - Constable Pct #3 2,207,22 45000 63000500 80893040 CR Vehicles - Constable Pet #4 1,837.22 45000 00000000 91300000 DR Transfer to General Fund 94.780.72 01000 00000000 49015000 CR Transfer from Cap. Imp. Fund 94,780.72 01000 28000100 67890000 General Capital Improvement Fund, Sheriff Administration, Sheriff Administration -Jail, Constable Pct. #1, Constable Pct #2, Constable Pct 93, & Constable Pet #4 Reallocation of funds to the appropriate de artmenfs account to purchase equipment for the replacement patrol units that were approved for FY 2021. 21,676.98 i s < { P Date F 6/10!2020; e� a� 'rrE rAt �.. �. ° ?:�*i k�.?inti idnt AP.P zoo. Date Date or Accountm Pu scs t)nfF��„ ; � � , r" .� .tea �#<.. ..;..' � �?--;�"'xakY¢-3. �:��_'Y:• > '='w�,t �i�' `�,s'� �`�.i 3''a%0`� FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 45000 63000500 80890000 CR Vehicles 55,076.98 45000 63000500 80892800 CR Vehicles - SO 27 984.03 45000 63000500, 80892820 CR Vehicles - Jail 2,357,22 45000 63000500 80893010 CR Vehicles - Constable Pct #1 1707.22 45000 63000500 80893020 CR Vehicles - Constable Pct #2 3,610.83 45000 63000500 80893030 CR Vehicles - Constable Pct #3 2,207,22 45000 63000500 80893040 CR Vehicles - Constable Pet #4 1,837.22 45000 00000000 91300000 DR Transfer to General Fund 94.780.72 01000 00000000 49015000 CR Transfer from Cap. Imp. Fund 94,780.72 01000 28000100 67890000 DR Vehicle Equipment 21,676.98 01000 28002000 67890000 DR Vehicle Equipment 9;854.86 01000 30101100 67890000 DR Vehicle Equipment 13,560.29 01000 30201100 67890000 DR Vehicle Equipment 20,785.95 01000 30301100 67890000 DR Vehicle Equipment- 1-4,451.32 01000 30401100 67890000 DR Vehicle Equipment 14.451.32 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 37.3 R/1 n12n2n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Conangency Departmental Support 1.212.97 General Fund County Jude Minor Acquisitions 1.212.97 Commissioners' Court and County Judge Reallocation of funds to the appropriate department's account to purchase a la too for the Chief of Staff. Deo 00,e kppro� ATi;4 r Etlr.rtceouann P.0 cs Oiit ' . r _. ._ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 1,212.97 01000 10000100 67203000 DR bthtor Computer Hardware 1.212.97 Boa. 3l lR pg. � 7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 16, 2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Commissioners Court Konderla, Charles Employment District Clerk Ventura, Jose Separation Exposition Complex Cabballero, Robert Separation Juvenile Services - Academy Sheriffs Administration Sheriffs Office — Detention Goosby, Johnnie Zimmerman, Lori Grissom, David Ramirez, Edward lleleji, Hart Approved in Commissioners' Court: June 16, 2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) ....... ------ r� Separation Change of Status Change of Status Change of Status Separation 1