HomeMy WebLinkAbout2024/02/13 REGULAR SESSION 10:00 AMis
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BRAZOS COUNTY
B RYAN, T EXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON FEBRUARY 13, 2024 AT 10:00 AM IN
THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY
ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106,
BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE
AT FACE.BOOK.COWBRAZOSCOUNTYTX
Invocation and Pledge of Allegiance
• U.S. and Texas Flag - Commissioner Konderla
2. Call for Citizen input and/or concerns
Consider and take action on agenda items: 3 -19
3. Approval of the following Job Description:
• a. Metropolitan Planning Organization - TBD Special Project Coordinator -
Temporary - Part Time
4. Request from Bryan/College Station Metropolitan Planning Organization for the
following personnel change with effective date as of February 17, 2024. The requested
change has no effect on the FY 2024 Metropolitan Planning Organization Budget.
• Create Special Project Coordinator- MPO, Class Code TBD Position 1, Group
19 Step 4, Part -Time Hourly Temporary
5. Approval of the Tri Aggieland Triathlon Race scheduled for March 3, 2024 which may
require roadway and lane closures on Britten Road, Smetana Road and Burt Road.
Event traffic control plan and contingency plan are attached. Site is located in Precinct
4.
6. Approval of Amendment #6 to #24-008R Pest Control Services for Brazos County to
add Termite Treatment and Maintenance to the Facilities Services Building with Allstar
Pest Control.
7. Award of RFP #24-082 Grant Administrator- GLO. Recommended Award:
GrantWorks Inc.
8. Renewal of Contract #24-090R Court Recorder with Verbatim Reporting & Transcription
LLC.
9. Approval of Contract #24-091 for Monitoring of Juvenile Offenders with Sentinel
Offender Services LLC.
10. Permission to Advertise Bid #24-094 Hydrated Lime.
11. Consider and take action on the Wellborn SUD utility permit to construct 16 inch road
bore under North Dowling Road, 300 feet north-east of Walnut Road for 8 inch water
crossing to serve Breedlove Subdivision. Site is located in Precinct 1.
12. Consider and take action on the Wellborn SUD utility permit to construct 16 inch road
bore under Walnut Road at the intersection with North Dowling Road for 8 inch water
crossing to serve Breedlove Subdivision. Site is located in Precinct 1.
13. Consider and take action on the Bryan Texas Utilities permit to construct 85 foot road
bore for an electrical line crossing under Calibration Court.at the intersection with Matrix
Drive located within Aggieland Business Park. Site is located in Precinct 4.
14. Tax Refund Applications for the following:
Overpayments
• a. Robert Earl & Beverly Scott- $245.00
• b. Robert. E Rush - $35.17
• c. Cameron & Rondi Reynolds - $542.23
• d. David Silmon & Sasha Moore - $755.72
• e. Netco Texas - $16.81
• f. A+ Foot Massage - $33.66
• g. Jeff Tipton - $245.24
• h. Pelican Power Properties - $360.00
15. Budget Amendments.
• FY 23/24 Budget Amendments 19.01 -19.04
16. Personnel Change of Status..
a. Employment & Separations
17. Payment of Claims.
18. Convene into Executive Session pursuant to the following:
• a. Texas Government Code §551.071 (1) to consult with attorney about pending or
contemplated litigation and/or a settlement offer.
• b. Texas Government Code §551.071 (2) on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
• c. Texas Government Code §551.0725 to deliberate business and financial issues
related to a contract being negotiated.
19. Consider and possible action on, Executive Sessions.
20. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of February 7, 2024.
Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of
February 7, 2024.
21. Acknowledgement of the FY 2023 Racial Profiling Report for Brazos County Constable
Precinct 4.
22. Juvenile director's report on detention population.
23. Sheriff's report on inmate population.
24. Announcement of interest items and possible future agenda topics.
25. Adjourn.
i. - G
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 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 Brazos County Administration Building, 200 S. Texas Avenue, Suite 106, Bryan, TX 77803,
THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOS000NTYTX 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.
The foregoing minutes of the Commissioners Court Meeting held February 13, 2024, have been
examined and are approved in open Court this 5th day of March 2024, in Bryan, Brazos
County, Texas.
Duane Peters
County Judge
Chuck Konderla
Commissioner, Precinct 2
Wanda J. Watbbn
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Steve Aldrich
Commissioner, Precinct 1
Nancy Berry
Commissioner, Precinct 3
MINUTES
FEBRUARY 13, 2024
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,
February 13, 2024 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;
Wanda J. Watson, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
• U.S. and Texas Flag - Commissioner Konderla
2. Call for Citizen input and/or concerns
Judy LeUnes commended Precinct 1 Constable Jeff Reeves, Sargent Brian
Bachmeyer and Justice of Peace Judge Kenny Elliott on their hard work and dedication
to keep animals safe. Mrs. LeUnes described a recent animal cruelty case that went
through the Precinct 1 Justice of the Peace court. Mrs. LeUnes works with the Texas
Humane Legislation Network and said Sargent Bachmeyer is known as a hero to the
community.
Cathie Viens requested the Brazos County Sheriff's office educate the community on a
plan of action for a state of emergency event.
Dr. Mark Holtzapple spoke on election integrity. He quoted Christopher Wray of the FBI
as saying that there is a heightened threat of security for elections. Dr. Holtzapple
suggested Brazos County return to the use of paper ballots for a safer voting process.
Consider and take action on agenda items: 3 -19
3. Approval of the following Job Description:
• a. Metropolitan Planning Organization - TBD - Special Project Coordinator —
Temporary — Part Time
A copy of the job description is attached.
Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters,
Watson.
4. Request from Bryan/College Station Metropolitan Planning Organization for the
following personnel change with effective date as of February 17, 2024. The requested
change has no effect on the FY 2024 Metropolitan Planning Organization Budget.
• Create Special Project Coordinator- MPO, Class Code TBD Position 1, Group
19 Step 4, Part -Time Hourly Temporary
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
5. Approval of the Tri Aggieland Triathlon Race scheduled for March 3, 2024 which may
require roadway and lane closures on Britten Road, Smetana Road and Burt Road.
Event traffic control plan and contingency plan are attached. Site is located in Precinct
4.
Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters,
Watson. -
6. Approval of Amendment #6 to #24-008R Pest Control Services for, Brazos County to
add Termite Treatment and Maintenance to the Facilities Services Building with Allstar
Pest Control.
A copy of the amended contract and tabulation is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
7. Award of RFP #24-082 Grant Administrator- GLO. Recommended Award:
GrantWorks Inc.
Commissioner Aldrich asked if this is replacing the grant administrator on the ARPA
projects or is this for different projects.. Assistant Purchasing Agent Kaitlyn Battles
answered that is just for the GLO grant.
The Court voted unanimously to accept the the recommendation of the Purchasing
Agent and awarded RFP #24-082 Grant Administrator - GLO to GrantWorks I nc. A
copy of the contract and tabulation is attached.
Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters,
Watson.
8. Renewal of Contract #24-090R Court Recorder with Verbatim Reporting & Transcription
LLC.
A copy of the renewal of contract and bid tabulation is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
9. Approval of Contract #24-091 for Monitoring of Juvenile Offenders with. Sentinel
Offender Services LLC.
A copy of the service contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
10. Permission to Advertise Bid #24-094 Hydrated Lime.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
11. Consider and take action on the Wellborn SUD utility permit to construct 16 inch road
bore under North Dowling Road, 300 feet north-east of Walnut Road for 8 inch water
crossing to serve Breedlove Subdivision. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
12. Consider and take action on the Wellborn SUD utility permit to construct 16 inch road
bore under Walnut Road at the intersection with North Dowling Road for 8 inch water
crossing to serve Breedlove Subdivision. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Chuck Konderla. Passed. 54. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
13. Consider and take action on the Bryan Texas Utilities permit to construct 85 foot road
bore for an electrical line crossing under Calibration Court at the intersection with Matrix
Drive located within Aggieland Business Park. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters,
Watson.
14. Tax Refund Applications for the following:
Overpayments
• a. Robert Earl & Beverly Scott - $245.00
• b. Robert E Rush - $35.17
• c. Cameron & Rondi Reynolds - $542.23
• d. David Silmon & Sasha Moore - $755.72
• e. Netco Texas - $16.81
• f. A+ Foot Massage - $33.66
• g. Jeff Tipton - $245.24
• h. Pelican Power Properties - $360.00
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
15. Budget Amendments.
• FY23/24 Budget Amendments 19.01 -19.04
19.01 Reallocate funds for Brazos Center.
19.02 Transfer Contingency Funds to the Exposition Complex.
19.03 Reallocate 2020 Certificates of Obligation Fund.
19.04 Reallocate funds for Facility Services.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
16. Personnel Change of Status.
• a. Employment & Separations
A copy of the Personnel Changes of Status is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
17. Payment of Claims.
Claims
8200784 - 8200935
9200296 - 9200363
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.
18. Convene into Executive Session pursuant to the following:
• a. Texas Government Code §551.071 (1) to consult with attorney about pending or
contemplated litigation and/or a settlement offer.
• b. Texas Government Code §551.071 (2) on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
• c. Texas Government Code §551.0725 to deliberate business and financial issues
related to a contract being negotiated.
The County Judge stated the Court would consider items 20 through 24 then return to
convene into Executive Session.
Having considered the previously noted agenda items, General Counsel Bruce Erratt
submitted a written determination that deliberation in an open meeting would have a
detrimental effect on the position of the Court in negotiations with a third party. A motion
was offered by Commissioner Aldrich to meet in closed Executive Session as per Mr.
Erratfs recommendation. The motion was seconded by Commissioner Berry and pass
unanimously. At 10:22 a.m. the County Judge announced the meeting closed to the
public so the Court could convene into Executive Session as stated above.
The following individuals were asked to attend the meeting:
Executive Session (A and C)
Cheryl Coffman, Executive Assistant
Bruce Erratt, General Counsel
Allison Lindblade, Assistant General Counsel
Ed Bull, Chief of Staff
Katie Conner, County Auditor
Nina Payne, Budget Officer
Trevor Lansdown, Project Manager
Kaitlyn Battles, Assistant Purchasing Agent
Executive Session (B)
Cheryl Coffman, Executive Assistant
Bruce Erratt, General Counsel
Allison Lindblade, Assistant General Counsel
Ed Bull, Chief of Staff
19. Consider and possible action on Executive Sessions.
At 10:55 a.m. the County Judge announced the meeting open to the public and no
action was taken on the Closed Executive Sessions.
20. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of February 7, 2024.
Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of
February 7, 2024.
The Court acknowledged receipt of the FY 2023-2024 Budget to Actuals by Fund as of
February 7, 2024 and FY 2023-2024 Contingency Budget to Actuals by Fund as of
February 7, 2024.
21. Acknowledgement of the FY 2023 Racial Profiling Report for Brazos County Constable
Precinct 4.-
The Court acknowledged receipt of the FY 2023 Racial Profiling Report for Brazos
County Constable Precinct 4.
22., Juvenile director's report on detention population.
Juvenile Director Linda Ricketson reported there are 40 juveniles in the detention center,
30 are male and 10 are female, and 30 have electronic monitors.
23. Sheriff's report on inmate population.
Sheriff Wayne Dicky stated there were 742 inmates in jail, 628 inmates are male, 114
are female and 44 have electronic monitors.
24. Announcement of interest items and possible future agenda topics.
Commissioner Konderla congratulated Liz Alderete on her retirement saying she has
been with the County for twelve years and has been a joy to work with.
Commissioner Aldrich announced he will be attending the Texas Conference of Urban
Counties Education and Policy Conference in Dallas this week.
J udge Peters stated a contract was approved last week for an assessment of the
Exposition Complex and would like to have assessments on all major county buildings.
Commissioner Aid rich said he agrees and believes the last time the buildings where
assessed was back in 2007.
25. Adjourn.
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Brazos County
Job Description
Last Updated: February 20224
Template Ravish 12 0 MWO12
Class Number:
TBD
Title:
Special Project Coordinator - MPO .
Pay Group:
TBD
Department:
Metropolitan Planning Organization
FLSA Status:
Exempt
Reports To:
MPO Director
Approved Date:
02/13/2024
EEOC Category:
Office and Clerical
General Summary:
The Bryan/College Station Metropolitan Planning Organization (BCSMPO) is seeking a Temporary
Pait Time Special Project Coordinator to serve the'Bryan-College Station region. The BCSMPO
coordinates with local, state, and federal partners in long-range planning and implementation of
transportation projects to make the region a better place to live, work and play. The successful candidate
will serve as the lead for the Metropolitan Transportation Plan update including existing transportation
network analysis, development of goals and objectives and ensuring compliance with all United States and
Teas Departments of Transportation planning requirements. The candidate will work in partnership with
the Executive Director and other BCSMPO staff to ensure the Metropolitan Transportation Plan is approved
by the BCSMPO Policy Board, Texas Department of Transportation, and the Federal Highway
Administration/Federal Transit Administration. The BCSMPO is -a team environment with staff working
collaboratively for the overall good of the region. Relationships with coworkers, the Technical Advisory
Committee (TAC) and other work -related organizations,.as well as with local, state, and federal agencies, is
crucial to the success of the Bryan/College Station MPO
Essential Duties:
Typical job duties include:
• Perform socio-economic projections for the MPO area.
• Review and consider environmental justice and resiliency concerns.
• Perform research, collect, and analyze data, and report findings in the at least the following areas:
D Streets and highways
D Public transit
Truck transport
Airports
D i ail freight and passenger services
n Active transportation
D i ransportation system management Duane Peters Date
ransportation demand management County Judge
D I raffic operations -
D Commuting
D Transportation system safety and security.
• Collaborate with engineers, including transportation modeling specialists, to research, analyze or
resolve complex transportation issues.
• Analyze transportation -related technical reports and data, such as land use development plans and
• associated traffic -impacts, traffic analysis calculations, traffic volume and crash data.
• Develop goals and quantifiable objectives.
Prepare recommendations to guide project selection and prioritization.
Other Duties as assigned.
Received:
Given:
Required: I Doctorate/master's degree in civil engineering, Urban/Regional Planning or
related field and prior experience in -metropolitan transportation plan
Preferred:
ce
Required:
Preferred:
es, Licenses,
ions
Required:
Preferred:
Demands
Typical:
Knowledge, Skills, &
Abilities
Typical:
. Experience in the development of Metropolitan Transportation Plans.
• Knowledge of traffic engineering principles and practices.
• High level of accountability.
• Ability to analyze and interpret data and communicate findings in a meaningful
way.
• Ability to build working relationships with the Technical Advisory Committee
and community partners.
• -Creative thinking.
• Positive attitude.
Typical:
BRAZOS COUNTY
BRYAN,TEXAS
EPARTMENT: Budget Office NUMBER:
ATE OF COURT MEETING:
2/13/2024
fEM:
Request from Bryan/College Station Metropolitan Planning Organization for the following
personnel change with effective date as of February 17, 2024. The requested change has
no effect on the FY 2024 Metropolitan Planning Organization Budget.
• Create.Spe.cial Project Coordinator- MPO, Class Code TBD Position 1, Group 19
Step 4, Part -Time Hourly Temporary
0:
Commissioners Court .
ROM:
-Nina Payne
ATE:
02/08/2024
ISCAL IMPACT:
False
UDGETED:
False
1OLLAR AMOUNT:
$0.00
OURCE OF FUNDS:
Metropolitan Planning Organization Grant- Fund 3000 Division 424100
On February 7, 2024, Bryan College Station Metropolitan Planning Organization Policy
TOTES/EXCEPTIONS:
Board approved a part-time temporary position In lieu of hiring a consultant. A budget
amendment will be submitted at a later date to reallocate funding from departmental support
to salary and benefits to cover the cost.
,CTION REQUESTED OR
Request approval.
,LTERNATIVES:
Name Aescrl tp joF1 Tvne
0_Poncy_Board Agenda 2.7.24.pdf MPO Policy Board Agenda 2/7/2024 Backup Material
0_FINAL _Amendment One FY 2024- MPO FY 2024/2025 Unlfled Planning Work Program Backup Material
5 UPW P_02072024.pdf Amendment One
0 Intern 2.7.24.pdf MPO Personnel Request Backup Material
APPR
a113JaL-
Duane Peters Date
County Judge
-.4r. If
BCS qP1 MPO
BRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION
Policy Board Meeting Agenda
Wednesday, February 7, 2024 9:30 A.M.
Brazos County Commissioner's Courtroom
200 South Texas Avenue
Bryan, TX 77803
REGULAR MEETING
1) Welcome and Open Meeting
-Pledge of allegiance to the United States and Texas Flags and Invocation.
2) Public Comments Regarding Items Not on the Agenda
-Individuals who wish to address the Policy Board must fill out a Public Comment Card describing
the topic(s) they wish to address. Public comment cards may be obtained from Lisa Lyon of the
MPO staff prior to the start of the meeting. Please limit your comments to three minutes per topic.
3) Approval Of Minutes from the December 13, 2023 Policy Board Meeting
-Consider adoption - Action Required. (See attachment.)
4) Staff Report
• Safe Streets and Roads for All (SS4A) Discretionary Grant Program
• The Transportation Management Area Certification Review
• Texas Planning Fund Revision
• Greenhouse Gas Emission Target Setting Process
5) Unified Planning Work Program (UPWP) Amendment One
-The Unified Planning Work Program (UPWP) is the document that identifies major
transportation planning related activities that will be undertaken within the Bryan/College Station
Metropolitan Area during the fiscal year. It is updated every two years and covers the next two
fiscal years, with the fiscal year beginning October 1st. The UPWP is being amended to remove
Subtask 4.2 Metropolitan Transportation Plan (MTP) Development With Consultant. In lieu of
hiring a consultant, the MPO will hire a part-time temporary Special Projects Coordinator Intern
to develop the MTP. The intern will have knowledge of the Bryan/College Station Transportation
network and experience in MTP development. This will result in a $175, 000 minimum cost savings
which will allow the MPO to hire a consultant for an as yet to be identified special planning
project. The Technical Advisory Committee (TAC) has recommended approval of the amendment
and staff has completed a 15-day public comment period. Action Required. (See attachments)
6) FY 2023-2026 Transportation Improvement Program (TIP) Amendment Three
-The Brazos Transit District is requesting an amendment to the TIP to show updated projects and
309 NORTH WASHINGTON AVENUE, SUITE14 BRYAN, TExA577803 PHONE (979) 260-5298 FAX (979) 260-5225 WEBSITE: WWW.BCSMPO.ORG
licy Board Agenda
ednesday, February 7, 2024 at 9:30 A.M.
ae 2
funding to be undertaken during the life of the TIP. These projects include: 1) Downtown Parking
Garage Renovations; 2) Bike Rack Installation on some of their buses; 3) Acquisition and
Engineering for the existing Midtown Terminal on Texas Avenue; and 4) Removal of one project
from FY 2024 and one project from FY 2025. While it is typically an administrative change, we
are also moving one phase of the State Highway 6 project from FY 2024 to FY 2025. The TAC
has recommended the FY 2023-2026 TIP Amendment Three to the Policy Board for adoption and
staff has completed a 15-day public comment period. Action Required. (See attachment.)
7) Presentation on Texas Department of Transportation (TxDOT) Funding Categories
-Executive Director Dan Rudge will discuss the twelve different TxDOT funding categories,
whether the MPO or TxDOT has control of decisions made about how these funds will be spent,
and what projects are typically eligible for these funds.
8) Adjourn
-The next meeting is tentatively scheduled for Wednesday, March 6, 2024 at 9: 30 AM.
A
.4ow
BCSji;o,*
.4�MP®
BRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION
FISCAL YEARS 2024-2025
UNIFIED PLANNING WORK PROGRAM
AMENDMENT ONE
PREPARED IN COOPERATION WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION AND THE U.S. DEPARTMENT OF TRANSPORTATION,
FEDERAL HIGHWAY ADMINISTRATION AND FEDERAL TRANSIT
ADMINISTRATION. PREPARED IN COORDINATION WITH:
BRAZOS COUNTY, TEXAS
THE CITY OF BRYAN, TEXAS
THE CITY OF COLLEGE STATION, TEXAS
TEXAS A&M UNIVERSITY
THE TEXAS DEPARTMENT OF TRANSPORTATION, BRYAN DISTRICT
BRAZOS TRANSIT DISTRICT
THIS DOCUMENT WAS FINANCED IN PART THROUGH GRANTS FROM THE FEDERAL HIGHWAY
ADMINISTRATION, THE FEDERAL TRANSIT ADMINISTRATION, AND THE UNITED STATES
DEPARTMENT OF TRANSPORTATION. THE VIEWS AND OPINIONS OF THE AUTHORS EXPRESSED
HEREIN DO NOT NECESSARILY REFLECT THOSE OF THE U.S. DEPARTMENT OF TRANSPORTATION.
DRAFT APPROVED
BY THE POLICY BOARD:
SEPTEMBER 6,
2023
FINAL APPROVED
BY TXDOT:
SEPTEMBER 8,
2023
FINAL APPROVED
BY FHWA:
SEPTEMBER 11,
2023
AMENDMENT ONE
ADOPTED BY POLICY BOARD:
FEBRUARY 7,
2024
309 NORTH WASHINGTON AVENUE, SUITE 14
BRYAN, TX 77803
WEBSITE: WWW.BCSMPO.ORG
-WA
BCS,kBRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION
RESOLUTION
2023-11
A RESOLUTION ADOPTING THE FY 2024- FY 2025
UNIFIED PLANNING WORK PROGRAM (UPWP)
WHEREAS, the Bryan/College Station Metropolitan Planning Organization (B/CS MPO) Policy Board
is designated by the Governor of Texas, in accordance with federal law, as the
transportation planning decision -making body for the Bryan/College Station/Brazos
County planning area; and
WHEREAS, the BCSMPO is responsible for developing and submitting the UPWP to the Texas
Department of Transportation (TxDOT); and
WHEREAS, the BCSMPO Technical Advisory Committee reviewed the document on August 17,
2023, and recommended for adoption and submittal to the Policy Board for their
approval; and
WHEREAS, the BCSMPO Policy Board charged staff with making the document available to TxDOT,
the Federal Highway Administration, Federal Transit Administration, and the public to
obtain comments.
NOW, THEREFORE, BE IT RESOLVED by the MPO Policy Board that:
SECTION 1: the BCSMPO Policy Board hereby adopts the FY 2024-FY 2025 Unified Planning Work
Program (UPWP); and
SECTION 2: the Director of the BCSMPO is hereby authorized to submit the 2024-2025 UPWP to
TxDOT on behalf of the Policy Committee; and
SECTION 3: this resolution shall be effective immediately upon adoption.
Page 1 of 2
Resolution 2022-11
Adopting the FY 2024 — FY2025 Unified Planning Work Program (UPWP)
DONE AND APPROVED, this 6th day of September , 2023.
— 77�;�
Commissioner N cy Berry, Chair
Bryan/College Station MPO Policy Board
POLICY BOARD VOTE:
Conunissioner Nancy Berry, Chair: � Moved By: uhn ) j c s �
Mayor John Nichols, Vice Chair
Councilmember James Edge, Member. Seconded By:p�G,
Mr. Peter Lange, Member
Mr. Chad Bohne, Member: � Attested By:
Page 2 of 2
BRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION
RESOLUTION
2024-05
A RESOLUTION ADOPTING THE FY 2024 — FY 2025
UNIFIED PLANNING WORK PROGRAM (UPWP) AMENDMENT ONE
WHEREAS, the Bryan/College Station Metropolitan Planning Organization (B/CS MPO) Policy Board
is designated by the Governor of Texas, in accordance with federal law, as the
transportation planning decision -making body for the Bryan/College Station/Brazos
County planning area; and
WHEREAS, the B/CS MPO is responsible for developing and submitting the Unified Planning Work
Program (UPWP) and any amendments to the Texas Department of Transportation
(TxDOT); and
WHEREAS, when the original UPWP is submitted, it is an estimate of costs based on anticipated
changes to administrative expenses; and
WHEREAS, in lieu of hiring a consultant to develop the Metropolitan Transportation Plan, the MPO
will hire a part-time, temporary Special Projects Coordinator Intern who has knowledge of
the Bryan/College Station transportation network; and
WHEREAS, the B/CS MPO Technical Advisory Committee reviewed the amended document on
January 18, 2024, and recommended for adoption and submittal to TxDOT and a 15-day
comment period was made available for citizens' review and comment.
NOW, THEREFORE, BE IT RESOLVED by the MPO Policy Board that:
SECTION 1: the B/CS MVO Policy Board hereby adopts the FY2024-FY2025 Unified Planning Work
Program Amendment One; and
SECTION 2: the Executive Director of the MPO is hereby authorized to transmit the FY2024-FY2025
Unified Planning Work Program Amendment One to TxDOT on behalf of the Policy
Board; and
SECTION 3: the Policy Board directs the Executive Director to work with the MPOs Fiscal and
Personnel agents to expedite the advertising and hiring of the Temporary Intem
SECTION 4: this resolution shall be effective immediately upon adoption.
Page 1 of 2
Resolution 2024-05
A Resolution Adopting the FY 2024 — FY 2025 Unified Planning Work Program Amendment One
DONE AND APPROVED, this 7th day of February , 2024.
Commissioner N icy Berry, Chair
Bryan/College Station MPO Policy Board
POLICY BOARD VOTE:
Commissioner Nancy Berry
Mayor John Nichols
Councilmember James Edge
Mr. Peter Lange
Mr. Chad Bohne
Mr. John McBeth
Page 2 of 2
Moved by: uOhv1 't�i1 C1��1S
Seconded by: 15aBYVe:1-1�
Attested by:
14�L A. 40r,-
BRYAN/COLLEGE STATION MPO UPWP
TABLE OF CONTENTS
RESOLUTION 2023-XX ADOPTING THE 2022-2023 UPWP
INTRODUCTION 1
TASK 1.0 ADMINISTRATION / MANAGEMENT 5
TASK 2.0 DATA DEVELOPMENT AND MAINTENANCE 9
TASK 3.0 SHORT RANGE PLANNING 12
TASK 4.0 METROPOLITAN TRANSPORTATION PLAN 15
TASK 5.0 SPECIAL STUDIES 18
BUDGET SUMMARIES 22
APPENDICES
APPENDIX A -
POLICY COMMITTEE/TECHNICAL COMMITTEE/STAFF
APPENDIX B -
METROPOLITAN AREA BOUNDARY MAP
APPENDIX C -
LIMITED ENGLISH PROFICIENCY MAP
APPENDix D -
DEBARMENT CERTIFICATION
APPENDix E -
LOBBYING CERTIFICATION
APPENDix F -
CERTIFICATION OF COMPLIANCE
APPENDix G -
CERTIFICATION OF INTERNAL ETHICS AND COMPLIANCE PROGRAM
APPENDix H -
COMMONLY USED MPO ACRONYMS AND EXPRESSIONS
INTRODUCTION
)n May 19, 1970 the State of Texas, the Cities of Bryan and College Station, and Brazos County agreed to
articipate in a "continuing, comprehensive transportation planning process carried on cooperatively by States
nd local communities" for the Bryan/College Station Urban Study Area as provided in the Federal -Aid
lighway Act of 1962 for each urbanized area of more than 50,000 souls. On September 13, 1973 an
greement was executed setting forth the organizational structure and responsibilities for the continuing Phase
f the 1970 transportation planning process. On September 21, 1979 these two agreements were considered
be null and void and were replaced by a revised agreement that added Texas A&M University as a signatory
arty and provided for a one -committee structure, known as the Steering Committee with the primary
znction of providing guidance and direction for the continuing phase of the transportation study.
September 2, 1986, in accordance with Section 112 of the Federal Highway Act of 1973 and Section 8 of
Urban Mass Transportation Administration Act of 1964, an agreement between the Office of the
Ternor, State of Texas and the Bryan/College Station Urban Transportation Study Steering Committee
blished the Steering Committee as the Metropolitan Planning Organization (MPO) for transportation
.ning in the Bryan/College Station urbanized area.
August 19, 1988 the agreement was renewed and it was established that the agreement would remain in
force and effect until such time as the Study Steering Committee is no longer the designated MPO or
ss terminated by either party upon 30 days' notice.
:r time the Steering Committee became known as the Policy Committee and finally the Policy Board. The
icy Board continues to act as the forum for cooperative transportation planning and decision making in
BCS MPO Planning Area Boundary.
In 1991, the Intermodal Surface Transportation Efficiency Act (ISTEA) was signed into law. ISTEA re-
1 phasized the role of cooperative decision making in the development, review, and approval ofran tsportation plans and programs and introduced requirements that the Metropolitan Transportation Plan
I
nd the Transportation Improvement Programs reflect realistic expectations of available funding for
I
rojects. In 1998, the Transportation Equity Act for the 215` Century (TEA-21) continued the planning
provisions of ISTEA with some revisions and increased the availability of federal funding for surface
transportation. In 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for
sers (SAFETEA-LU) was signed. SAFETEA-LU continued the general planning provisions of ISTEA
and TEA-21. SAFETEA-LU expired on September 30, 2009 but was extended by Congress several times.
On July 6, 2012 the Moving Ahead for Progress in the 21't Century or MAP-21, was passed. MAP-21
iGnplemented a performance -based approach to transportation planning and established seven national
goals: 1) safety; 2) infrastructure condition; 3) congestion reduction; 4) system reliability; 5) freight
movement and economic vitality; 6) environmental sustainability; and 7) reduced project delivery delays.
l IAP-21 went into effect on October 1,_2012 and expired on September 30, 2014. From October 1, 2014
through December 3, 2015 the federal transportation program was functioning under a series of continuing
resolutions. On December 4, 2015 the Fixing America's Surface Transportation (FAST) Act was signed
into law. While continuing most MPO requirements, the FAST Act added two new planning factors (see
l?elow) and explicitly added ports and certain private transportation providers to the list of interested parties
that the MPO must provide with a reasonable opportunity to comment on the transportation plan. On
November 15, 2021 the Infrastructure Investment and Jobs Act (also referred to as the Bipartisan
Infrastructure Law) was signed. It includes provisions for Complete Streets in the planning process.
FY2024-FY2025 Unified Planning Work Program 1 September 6, 2023
PURPOSE
Unified Planning Work Program (UPWP) identifies all transportation and related planning activities that
be undertaken by the BCS MPO during the next two fiscal 'years from October 1, 2023 to September 30,
he UPWP helps to assure that planning resources are allocated according to regional needs as identified by
razos County, the Cities of Bryan and College Station, Texas A&M University, Brazos Transit District, and
ie Texas Department of Transportation (TxDOT). The BCS MPO is responsible, together with the State of
exas, for carrying out the provisions of the Infrastructure Investment and Jobs Act, under Title 23, United
tates Code, Section 134 (The Urban Transportation Planning Process), and further regulated by Title 23 Code
f Federal Regulations 420 and 450.
FAST Act requires that the transportation planning process addresses the following ten factors:
1) support the economic vitality of the United States, the individual states and the metropolitan areas,
especially by enabling global competitiveness, productivity, and efficiency;
2) increase the safety of the transportation system for motorized and non -motorized
users;
3) increase the security of the transportation system for motorized and non -motorized
users;
4) increase accessibility and mobility options available to people and freight;
5) protect and enhance the environment, promote energy conservation, and improve
quality of life, and promote consistency between transportation improvements and
State and local planned growth and economic development patterns;
6) enhance the integration and connectivity of the transportation system, across and
between modes, for people and freight;
7) promote efficient system management and operation;
8) emphasize the preservation of the existing transportation system;
9) improve the resiliency and reliability of the transportation system and reduce or
mitigate stormwater impacts of surface transportation; and
10) enhance travel and tourism.
BCS MPO involves citizens in the transportation planning process in accordance with the adopted
is Participation Plan. The BCS MPO will provide all citizens within our study area an opportunity to
cipate in the transportation planning process.
DEFINITION OF AREA
Metropolitan Planning Area (MPA) of the BCS MPO is co -terminus with the jurisdictional boundary of
os County as depicted in Appendix B. The MPO includes the incorporated Cities of Bryan, College
on, Wixon Valley and Kurten. Bryan/College Station is the only urbanized area within the MPA. The
MPA is located in south-central Texas located 99 miles northwest of Houston, 165 miles south of the
as/Fort Worth area, 99 miles east of the Texas State Capital, and home to Texas A&M University.
FY2024-FY2025 Unified Planning Work Program 2 September 6, 2023
. ORGANIZATION
he BCS MPO consists of the Policy Board, the Technical Advisory Committee, the Active Transportation
.dvisory Panel, and the MPO staff. Since September 1973, the policy directive for transportation planning
as been carried out under the direction and guidance of the Policy Committee/Policy Board, which was
;tablished at that time by the Continuing Phase Agreement of the Bryan/College Station Urban
ransportation Study. The Policy Board, Technical Advisory Committee and Staff members are listed in
ppendix A. The Active Transportation Advisory Panel (ATAP) was established under a Memorandum of
nderstanding between the individual member entities of the BCS MPO on December 18, 2014 with the
bjective of creating a seamless network that increases the connectivity and accessibility of the transportation
Tstem, making non -motorized modes safe and convenient. The BCS MPO operates with the following staff
ositions: Executive Director, Transportation Systems Analyst, and Administrative Assistant.
PRIVATE SECTOR INVOLVEMENT
BCS MPO may contract with professional services from the private sector periodically and solicit input
comments from private sector transportation providers, businesses, and individuals in accordance with
Public Participation Procedures. The BCS MPO will follow Brazos County's prescribed procurement
cedures to guide the selection of consultants.
1.
PLANNING ISSUES AND EMPHASIS AREAS
The planning issues and emphasis areas to be addressed by the BCS MPO during FY 2024-2025 include:
• maintaining a fair and impartial setting for effective decision making;
• evaluating transportation alternatives, scaled to fit the region, its transportation issues and the
realistically available resources;
• maintaining the 2045 MTP and monitoring the implementation of the 2045 MTP;
• managing the Transportation Improvement Program (TIP) to insure that it serves the
region's goals, and;
• involving the general public in the above four essential functions through the implementation
of the Public Participation Plan;
In accordance with The Federal Highway Administration (FHWA) and Federal Transit Administration
(FTA) in a memorandum to Metropolitan Planning Organizations (MPOs), dated December 30, 2021,
jointly issued Planning Emphasis Areas (PEAS). The PEAs are topical areas in planning that FHWA and
FTA want to emphasize as MPOs develop work tasks associated with PEAs in the UPWP. The FY 2023
PEAS include:
1. Tackling the Climate Crisis — Transition to a Clean Energy, Resilient Future
Federal Highway Administration (FHWA) divisions and Federal Transit Administration (FTA) regional
offices should work with State departments of transportation (State DOT), metropolitan planning
organizations (MPO), and providers of public transportation to ensure that our transportation plans and
infrastructure investments help achieve the national greenhouse gas reduction goals of 50-52 percent
below 2005 levels by 2030, and net -zero emissions by 2050, and increase resilience to extreme weather
events and other disasters resulting from the increasing effects of climate change. Field offices should
encourage State DOTS and MPOs to use the transportation planning process to accelerate the transition
FY2024-FY2025 Unified Planning Work Program 3 September 6, 2023
toward electric and other alternative fueled vehicles, plan for a sustainable infrastructure system that
works for all users, and undertake actions to prepare for and adapt to the impacts of climate change.
Appropriate Unified Planning Work Program work tasks could include identifying the barriers to and
opportunities for deployment of fueling and charging infrastructure; evaluating opportunities to reduce
greenhouse gas emissions by reducing single -occupancy vehicle trips and increasing access to public
transportation, shift to lower emission modes of transportation ; and identifying transportation system
vulnerabilities to climate change impacts and evaluating potential solutions.
2. Equity and Justice40 in Transportation Planning
FHWA Division and FTA regional offices should work with State DOTS, MPOs, and providers of
public transportation to advance racial equity and support for underserved and disadvantaged
communities. This will help ensure public involvement in the planning process and that plans and
strategies reflect various perspectives, concerns, and priorities from impacted areas. We encourage the
use of strategies that: (1) improve infrastructure for non -motorized travel, public transportation access,
and increased public transportation service in underserved communities; (2) plan for the safety of all
road users, particularly those on arterials, through infrastructure improvements and advanced speed
management; (3) reduce single -occupancy vehicle travel and associated air pollution in communities near
high -volume corridors; (4) offer reduced public transportation fares as appropriate; (5) target demand -
response service towards communities with higher concentrations of older adults and those with poor
access to essential services; and (6) consider equitable and sustainable practices while developing transit -
oriented development including affordable housing strategies and consideration of environmental justice
populations. In addition, Executive Order 14008 and a memorandum to all federal department heads,
M-21-28, provides a whole -of -government approach to advancing environmental justice by stating that
40 percent of Federal investments flow to disadvantaged communities.
3. Complete Streets
FHWA Division and FTA regional offices should work with State DOTs, MPOs and providers of
public transportation to review current policies, rules, and procedures to determine their impact on
safety for all road users. This effort should work to include provisions for safety in future transportation
infrastructure, particularly those outside automobiles. A complete street is safe, and feels safe, for
everyone using the street. FHWA and FTA seek to help Federal aid recipients plan, develop, and
operate streets and networks that prioritize safety, comfort, and access to destinations for people who
use the street network, including pedestrians, bicyclists, transit riders, micro -mobility users, freight
delivery services, and motorists. The goal is to provide an equitable and safe transportation network for
travelers of all ages and abilities, including those from marginalized communities facing historic
disinvestment. This vision is not achieved through a one -size -fits -all solution — each complete street is
unique and developed to best serve its community context and its primary role in the network.
4. Public Involvement
Early, effective, and continuous public involvement brings diverse viewpoints into the decision -making
process. FHWA Division and FTA regional offices should encourage MPOs, State DOTs, and
providers of public transportation to increase meaningful public involvement in transportation planning
by integrating Virtual Public Involvement (VPI) tools into the overall public involvement approach
while ensuring continued public participation by individuals without access to computers and mobile
devices. The use of VPI broadens the reach of information to the public and makes participation more
convenient and affordable to greater numbers of people. Virtual tools provide increased transparency
and access to transportation planning activities and decision -making processes. Many virtual tools also
provide information in visual and interactive formats that enhance public and stakeholder understanding
FY2024-FY2025 Unified Planning Work Program 4 September 6, 2023
of proposed plans, programs, and projects. Increasing participation earlier in the process can reduce
project delays and lower staff time and costs.
5. Strategic Highway Network (STRAHNET)/U.S. Department of Defense (DOD)
Coordination
FHWA Division and FTA regional offices should encourage MPOs and State DOTs to coordinate with
representatives from DOD in the transportation planning and project programming process on
infrastructure and connectivity needs for STRAHNET routes and other public roads that connect to
DOD facilities. According to the Declaration of Policy in 23 U.S.C. 101(b)(1), it is in the national
interest to accelerate construction of the Federal -aid highway system, including the Dwight D.
Eisenhower National System of Interstate and Defense Highways, because many of the highways (or
portions of the highways) are inadequate to meet the needs of national and civil defense. The DOD's
facilities include military bases, ports, and depots. The road networks that provide access and
connections to these facilities are essential to national security.
6. Federal Land Management Agency (FLMA) Coordination
FHWA Division and FTA regional offices should encourage MPOs and State DOTS to coordinate with
FLMAs in the transportation planning and project programming process on infrastructure and
connectivity needs related to access routes and other public roads and transportation services that
connect to Federal lands. Through joint coordination, the State DOTs, MPOs, Tribal Governments,
FLMAs, and local agencies should focus on integration of their transportation planning activities and
develop cross -cutting State and MPO long range transportation plans, programs, and corridor studies, as
well as the Office of Federal Lands Highway's developed transportation plans and programs.
7. Planning and Environment Linkages (PEL)
FHWA Division and FTA regional offices should encourage State DOTs, MPOs and Public
Transportation Agencies to implement PEL as part of the transportation planning and environmental
review processes. The use of PEL is a collaborative and integrated approach to transportation decision -
making that considers environmental, community, and economic goals early in the transportation
planning process, and uses the information, analysis, and products developed during planning to inform
the environmental review process. PEL leads to interagency relationship building among planning,
resource, and regulatory agencies in the early stages of planning to inform and improve project delivery
timeframes, including minimizing duplication and creating one cohesive flow of information. This
results in transportation programs and projects that serve the community's transportation needs more
effectively while avoiding and minimizing the impacts on human and natural resources.
8. Data in Transportation Planning
To address the emerging topic areas of data sharing, needs, and analytics, FHWA Division and FTA
regional offices should encourage State DOTs, MPOs, and providers of public transportation to
incorporate data sharing and consideration into the transportation planning process, because data assets
have value across multiple programs. Data sharing principles and data management can be used for a
variety of issues, such as freight, bike and pedestrian planning, equity analyses, managing curb space,
performance management, travel time reliability, connected and autonomous vehicles, mobility services,
and safety. Developing and advancing data sharing principles allows for efficient use of resources and
improved policy and decision -making at the State, MPO, regional, and local levels for all parties.
FY2024-FY2025 Unified Planning Work Program 5 September 6, 2023
TASK 1.0: ADMINISTRATION / MANAGEMENT
OBJECTIVE
The objective of Task 1.0 is to ensure that the metropolitan transportation planning process is a
continuing, comprehensive and coordinated activity; to monitor on -going planning activities, address
community transportation needs and to assure that all modes of transportation are considered as viable
elements in the overall planning process.
EXPECTED PRODUCTS
The expected product from this task is the effective administration of the metropolitan transportation
planning process through coordination, communication, and management tasks essential to the
development and maintenance of the transportation planning process.
PREVIOUS WORK
1.1 Program Administration
All general support and administration tasks to keep the planning programs operational were conducted.
This included day-to-day management, financial and non -financial record keeping and compliance with
federally mandated tasks.
1.2 Committee Support and Interagency Coordination
Staff scheduled meetings, provided public notice, created agendas and agenda packets, provided
presentations and provided facilitation for the meetings.
The above items were performed for the committees as follows:
• Twelve Regular Policy Board (PB) meetings;
• Twenty Regular Technical Advisory Committee (TAC) meetings/workshops; and
• Twelve regular Active Transportation Advisory Panel (ATAP) meetings.
In addition, MPO staff attended various public meetings, city council/county commissioner meetings,
and information seminars regarding transportation improvements or developments. The MPO also has a
working relationship with TTI, the Chamber, Brazos Valley Economic Development Corporation, the
COG, Blinn College, various safety and emergency management staff, and other Texas MPOs.
1.3 Public Participation
Meeting notices for monthly Policy Committee meetings were posted in public places such as the city
offices and the county courthouse, advertised in the Bryan -College Station Eagle newspaper in accordance
with the MPO's approved Public Participation Procedures (PPP) and posted on the MPO's website. No
translation services were necessary this fiscal year. The PPP was followed in the development of the 2023-
2026 TIP and the 2045 MTP. In particular, the MPO held a series of Regional Mobility Symposiums to
educate citizens on growing transportation trends, the communities desired response to those trends and
how their input influenced project selection rankings in the 2045 MTP.
1.4 Travel, Training and Education
Staff attended seminars, workshops, conferences, participated in webinars and other related activities,
which helped to develop and maintain a professional planning and support staff. These included:
FY2024-FY2025 Unified Planning Work Program 6 September 6, 2023
• Texas Transportation Forum, Austin, TX
• TEMPO General Membership meetings
• Texas Mobility Summit 4.0, Virtual
• Transportation Works Summit, Waco, TX
• TTI Short Course and Transportation Technology Conference, College Station, TX
• Texas Proving Grounds Blueprint Workshop, Austin, TX
• Texas Active Transportation Conference, Austin, TX
• TxDOT Planning Conference, Dallas, TX
• Transportation Resiliency Conference, College Station, TX
• Association of Metropolitan Planning Organizations Conference, San Antonio, TX
• FHWA Course — Role of Data in Transportation Performance Management, Austin, TX
• TexPack Training, Corpus Christi, TX
• FHWA Environmental Justice Course, Austin, TX
• FAST Act Metropolitan Planning Webinar
i. SUBTASKS
1.1 Program Administration (2024 and 2025)
Administer the program by:
Accomplishing planning objectives and ensure compliance with applicable federal,
state, and local laws and regulations
Carrying out accounting and procurement tasks and records management in
accordance with OMB Super -circular 2 CFR 200 and 23 CFR 420 and managing the
program by:
o Supporting an external audit through Brazos County;
o Submitting monthly reimbursement claims to TxDOT;
o Submitting the 2023 and 2024 Single Audit Reports to TxDOT;
o Disposing of surplus property in accordance with Brazos County policy;
o Maintaining equipment and software inventories as required;
o Managing funds in compliance with applicable local, state and federal requirements;
o Purchasing, maintaining, replacing and disposing of equipment, computer hardware,
software, and peripherals, other electronic supplies, office supplies/services, informational
material and furniture will be conducted in accordance with 2 CFR 200 and Brazos
County's Procurement Policy. Expenditures with a total acquisition cost over $5,000 are
subject to pre -approval by FHWA in accordance with the FHWA/TxDOT Oversight
Agreement. The MPO will not procure services or equipment in divided quantities to
avoid the $5,000 threshold; and
o Providing office space for BCS MPO staff.
1.2 Committee Support and Interagency Coordination (2024 and 2025)
Provide support to the Policy Board (PB), Technical Advisory Committee (TAC), Active
Transportation Advisory Panel (ATAP) and others by:
• Preparing and distributing meeting schedules, agendas and supporting information;.
• Securing meeting locations;
• Providing meeting minutes or notes, as appropriate, to committee members.
• Coordinate with agencies and community groups on transportation -related issues
across boundaries including, but not limited to, the following:
o BCS Chamber of Commerce o Bryan Independent School District
FY2024-FY2025 Unified Planning Work Program 7 September 6, 2023
o Destination Bryan & Visit College
Station
o BCS Intergovernmental Committee
o Blinn College
o Brazos Transit District
o Brazos Valley Council of
Governments
o College Station Independent School District
o Brazos County Regional Mobility Authority
o Social Service Agencies
o Texas A&M Transportation Institute
o Texas A&M University System
o Brazos Valley Economic Development
Corporation
1.3 Public Participation (2024 and 2025)
Public participation activities will be conducted under this subtask. The MPO will engage the
public in accordance with the Public Participation Procedures (3P) and will conform to the
Environmental Justice Executive Order and Title VI of the Civil Rights Act of 1964 by:
Conducting public hearings, meetings and outreach activities, as appropriate;
Publicizing participation opportunities using the BCS MPO website, surveys,
periodic newsletters, visualization tools, and by other appropriate means; and
Attending local meetings involving transportation issues/concerns.
1.4 Travel, Training and Education (2024 and 2025)
Provide for travel related expenditures required for the execution of this UPWP and for
staff training and education. Also, included under this task will be the reimbursement of
out-of-state travel expenses incurred as the result of interviews of prospective employees.
Additionally, relocation and temporary residence expenses are covered as per the
BCSMPO Relocation Reimbursement Policy. Staff will participate in training and
education opportunities for maintaining or acquiring skills and abilities applicable to the
transportation planning process. The MPO will obtain prior approval for out-of-state
travel from TxDOT-Transportation Planning & Programming Division.
FY2024-FY2025 Unified Planning Work Program 8 September 6, 2023
TASK 1.0 FUNDING SUMMARY — ADMINISTRATION/MANAGEMENT
2024 Task 1.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
11.1 Program Administration
MPO
$ 86,035.00
$ 30,000.00
$ -
$ 116,035.00
11.2 Support & Coordination
MPO
$ 59,875.00
$ 25,000.00
$ -
$ 84,875.00
11.3 Public Participation
MVO
$ 19,295.00
$ -
$ -
$ 19,295.00
1.4 Travel, Trainin &Educ.
MPO
$ 15,070.00
$ -
$ -
$ 15,070.00
1
1 Task 1.0 Totals
1 $ 180,275.00
$ 55,000.00
$ -
$ 235,275.00
TOOT will apply transportation development credits sufficient to provide the match for FHWA PL-112 and FTA Section 5303 fiords.
As the credits reflect neither cash nor man hours, they are not reflected in the finding table.
2025 Task 1.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
il.l Program Administration
MPO
$ 86,186.00
$ 30,000.00
$ -
$ 116,186.00
1.2 Support & Coordination
MPO
$ 73,930.00
$ 18,750.00
$ -
$ 92,680.00
1.3 Public Participation
MPO
$ 15,000.00
$ -
$ -
$ 15,000.00
1.4 Travel, Training & Educ.
MPO
$ 20,800.00
$ -
$ -
$ 20,800.00
1 Task 1.0 Totals
1 $ 195,916.00
$ 48,750.00
$ -
$ 244,666.00
TxDOT will apply transportation development credits sufficient to provide the match for FHWA PL• 112 and FTA Section 5303 finds.
As the credits reflect neither cash nor man hours, they are not reflected in the finding table.
2024 - 2025 Task 1.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
1.1 Program Administration
MPO
$ 172,221.00
$ 60,000.00
$ -
$ 23.2,221.00
1.2 Support & Coordination
MPO
$- 133,805.00
$ 43,750.00
$ -
$ 177,555.00
1.3 Public Participation
MPO
$ 34,295.00
$ -
$ -
$ 34,295.00
11.4 Travel, Trainin & Educ.
MPO
$ 35,870.00
$ -
$ -
$ 35,870.00
1 Task 1.0 Totals
$ 376,191.00
$ 103,750.00
$ -
$ 479,941.00
TXDOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 finds.
As the credits reflect neither cash nor man hours, they are not reflected in the finding table.
FY2024-FY2025 Unified Planning Work Program 9 September 6, 2023
TASK 2.0: DATA DEVELOPMENT & MAINTENANCE
OBJECTIVE
The objective of Task 2.0 is to collect, update, analyze, model and maintain the basic data, inventories
and tools necessary for use in implementing the transportation planning process. Private sector
professional services may be utilized in order to supplement staff efforts under this task.
EXPECTED PRODUCTS
Expected products from this task include the following:
• Collection, analysis, and maintenance of transportation data;
• Maintain and update databases and inventories of transportation data and facilities;
• Maintain and update the travel demand model;
• Monitor land use and development in the Metropolitan Planning Boundary (Appendix B);
• Maintain and update data and information in the Geographic Information System (GIS).
PREVIOUS WORK
2.1 Transportation Data Collection and Analysis
Subtasks indicated below are currently ongoing from 2020-2021 UPWP:
• Assisted TXDOT and TTI staff in completion of the 2017 base year travel demand model
• The 2050 forecast is complete
• The 2017 Base year demographics were reviewed and adjusted
• Census/TAZ/Employment Data were reviewed and updated
• The Geographic Information System Database was managed
• Building Permit Data Processing
• Mapping and Travel Demand Model Runs as needed/requested
2.2 Title VI/Environmental Justice/Limited English Proficiency Planning
Consideration of environmental justice is integrated throughout the MPO planning process and is
an ongoing activity from 2020-2021 UPWP. MPO Staff integrated an Environmental Justice chapter
into the 2045 MTP.
2.3 Performance Measure Data
Staff completed the following activities:
• Used RHiNo traffic data to process traffic volume data for facilities that are under study
• Used RHiNo data to construct speed and travel time maps for various facilities in the study
area
• Collected traffic counts for the City of Bryan at various locations as requested
• Obtained the latest traffic count information from TxDOT
• Obtained INRIX data for use in various studies and activities.
1. SUBTASKS
2.1 Transportation System Data (2024 and 2025)
The MPO staff, in cooperation with public and private agencies across boundaries, will develop,
analyze, update and maintain data relative to the transportation system. The purpose of this task is
FY2024-FY2025 Unified Planning Work Program 10 September 6, 2023
to support the travel demand model and updates to the Metropolitan Transportation Plan.
Activities that will be undertaken, to the extent that resources allow, include:
• Developing written agreements with transportation planning partners for cooperatively
developing and sharing information related to:
o Transportation performance data
o Selection of performance targets
o Reporting of performance targets
o Reporting of performance used in tracking attainment of targets
o Collection of data for the State asset management plan for the NHS;
• Collecting and maintaining population, employment, land use, and socio-economic data;
• Maintaining and updating Title VI/Environmental Justice (EJ)/Limited English Proficiency
(LEP) related databases to avoid or mitigate for potential disproportionately adverse impacts,
using the databases to facilitate effective outreach, and develop maps to indicate accessibility
of transportation services;
• Maintaining the Existing + Committed Travel Demand Model (TDM) Network;
• Developing and maintaining inventories of crash locations, traffic signal locations and bicycle
and pedestrian facilities;
• Developing and maintaining maps and inventories of transportation system components and
perform revisions/updates to the Highway Functional Classification system;
• Collecting, updating and maintaining GIS data for use in data analysis, projections, mapping
and the presentation of transportation planning products and activities;
• Continuing the traffic count program and conducting specific counts to assist local agencies;
and
• Collaborating with TxDOT and TTI in utilizing traffic count data.
2.2 Travel Demand Model (TDM) (2024 and 2025)
MPO staff will work with TxDOT to update the 2017 TDM by:
• Reviewing the 2022 Forecast Year network geography;
• Developing 2022 TAZ level demographic data utilizing 2020 Decennial Census Data;
• Allocate 2022 population and employment data to TAZs and submitting it to Technical
Advisory Committee members and TXDOT for review;
• Updating Forecast years 2035, 2045 and 2050 as necessary to support the 2050 MTP; and
• Prepare model runs and analysis as requested by MPO members.
2.3 Performance Measures Data (2024 and 2025)
MPO staff will work with TxDOT and Texas A&M Transportation Institute (TTI) to analyze data
related to the congestion reduction and system reliability national performance goals for use in the
Metropolitan Transportation Plan by:
• Analyzing the Roads/Highways Network (RHiNo) traffic volume data;
• Analyzing private -sector speed data purchased by TxDOT; and
• Analyzing the reliability aspects of the transportation network.
FY2024-FY2025 Unified Planning Work Program 11 September 6, 2023
. TASK 2.0 FUNDING SUMMARY — DATA DEVELOPMENT & MAINTENANCE
2024 Task 2.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
21.1 Transportation Sstem Data
MPO
$ 13,100.00
$ -
$ -
$ 13,100.00
2.2 Travel Demand Model
MPO/TxDOT
$ 19,975.00
$ -
$ -
$ 19,975.00
23 Performance Measures Data
MPO/TTI
$ 6,749.00
$ -
$ -
$ 6,749.00
1 Task 2.0 Totals
$ 39,824.00
$ -
t $ -
$ 39,824.00
TzDOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fiords.
A's the credits reflect neither cash nor nran hours, they are not reflected in the fimding table.
2025 Task 2.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
2.1 Transportation Sstem Data
MPO
$ 12,500.00
$ -
$ -
$ 12,500.00
2.2 Travel Demand Model
MPO/TxDOT
$ 16,825.00
$ -
$ -
$ 16,825.00
2.3 Performance Measures Data
MPO/TTI
$ 10,500.00
$ -
$ -
$ 10,500.00
11 Task 2.0 Totals .
$ 39,825.00
$ -
t $ -
$ 39,825.00
T. cDOT wr71 apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fiords.
As the credits reflect neither cash nor man hours, they are not reflected in the fimding table.
2024 - 2025 Task 2.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
2.1 Transportation Sstem Data
MPO
$ 25,600.00
$ -
$ -
$ 25,600.00
2.2 Travel Demand Model
MPO/TxDOT
$ 36,800.00
$ -
$ -
$ 36,800.00
2.3 Performance Measures Data
MPO/TTI
$ 17,249.00
$ -
$ -
$ 17,249.00
1
1 Task 2.0 Totals
$ 79,649.00
$ -
$ -
$ 79,649.00
�xDOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fimds.
As the credits reflect neither cash nor man hours, they are not reflected in the funding table.
FY2024-FY2025 Unified Planning Work Program 12 September 6, 2023
TASK 3.0: SHORT RANGE PLANNING
OBJECTIVE
The objective of Task 3.0 is to implement short range transportation planning activities between October
1, 2023 and September 30, 2025. The MPO may utilize private sector professional services for activities
in this work task.
EXPECTED PRODUCTS
Products expected from this task include:
• Management of the 2023-2026 Transportation Improvement Program ('TIP);
• Implementation the 2024-2025 Unified Planning Work Program (UPWP);
• Development of the 2025-2028 TIP:
• Development of the 2026-2027 UPWP;
• Development and submittal to TxDOT, FHWA, and FTA of the Annual Performance Expenditure
Report (APER), the Self -Certification Statements and the Annual List of Projects (ALOP);
• Coordination with transit service providers; and
• Assist localities and TxDOT with local Complete Streets Planning Activities.
PREVIOUS WORK
3.1 Manage Program Documents
• The FY 2019 and FY 2020 APERs and ALOPs were approved by FHWA Texas Division on
January, 2019 and January, 2020, respectively.
• The 2020-2021 UPWP Amendments I and II were approved by the Policy Board on December
4, 2019 and September 2, 2020, respectively.
• The 2022-2023 UPWP is currently under development.
• The 2021-2024 TIP was approved by the Policy Committee on July 6, 2020.
• The 2021-2024 TIP Amendments One and Two were approved by the Policy Board on
October 7, 2020 and February 3, 2021, respectively.
3.2 Coordination with Transit Service Providers
Worked with Brazos Transit District in refining a new route structure that was implemented in
December of 2018 and April of 2019. Brazos Transit District is transitioning from flag stop to fused
stop operations. MPO staff assisted in identifying fused stop locations for most routes.
3.3 Transportation System Management (TSM)
Activities under this task are ongoing from 2020-2021 UPWP.
SUBTASKS
3.1 Manage Program Documents (2024 and 2025)
The following program documents will be managed:
• The 2024-2025 UPWP will be implemented, monitored and amended as necessary;
• The 2026-2027 UPWP will be developed;
• The 2023-2026 TIP will be monitored and amended as necessary;
FY2024-FY2025 Unified Planning Work Program 13 September 6, 2023
• The 2025-2028 TIP will be developed;
• The 2023 Annual Listing of Projects (ALOP) and the 2024 ALOP will be developed;
• The 2023 Annual Performance and Expenditure Report (APER) and the 2024 APER
will be developed and submitted to TxDOT each year;
• The Self -Certification Statement will be prepared and included in the 2025-2028 TIP
document; and
• Policy documents, including the MPO Bylaws, the Public Participation Plan and the
Limited English Proficiency Plan will be maintained and amended as necessary.
3.2 Coordination with Transit Service Providers (2024 and 2025)
The MPO will coordinate with transit service providers, when requested and to the extent that MPO
resources allow by:
• Providing assistance with planning projects for public transportation services
particularly in underserved areas within the MPA;
• Assist in moving Brazos Transit District from a flag stop to fixed stop system;
• Participating in efforts to develop the Coordinated Regional Public Transportation
Plan;
• Providing assistance for county level planning analysis in support of EJ/Title VI
requirements to ensure compliance with FTA requirements;
• Participating in opportunities for transportation demand management;
• Participating in public education/awareness activities; and
• Supporting member agencies applications for transit related grants and other funding
sources.
This task also documents the use of Section 5307 funds by the Brazos Transit District
(BTD) under the direction of their Board of Directors and President/CEO. The funds
are being utilized for a portion of program support/administration, capital projects,
capital projects planning, real estate acquisition and system management operations.
(Note: These funds are distributed directly to BTD and are not programmed or managed
by the B/CS MPO.)
3.3 (Formerly Task 4.2) Complete Streets Planning (2024 and 2025)
The MPO staff will ensure that, at a minimum, 2.5% of its PL funds will be used to
increase safe and accessible options for multiple travel modes for people of all ages and
abilities as prescribed in Section 11206 of the Infrastructure Investment and Jobs Act.
• Staff will compile and share data and information on active transportation;
• Evaluate active transportation system to understand system performance needs to
identify regional activities;
• Hold public outreach sessions to share information and encourage active
transportation;
• Work with other interested parties to advance and improve the program;
• Look for innovative ways to optimize funding for active transportation projects; and
• Support and align statewide and regional active transportation strategies and actions.
FY2024-FY2025 Unified Planning Work Program 14 September 6, 2023
TASK 3.0 FUNDING SUMMARY — SHORT RANGE PLANNING
2024 Task 3.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
3!.1 Mama a Program Docs.
MPO
$ 16,977.00
$ 7,471.00
$ -
$ 24,448.00
31.2 Support Transit Providers
MPO
$ -
$ 39,896.00
$ -
$ 39,896.00
3!.3 Co fete Streets Plannin
MPO
$ 12,805.00
$ 10,000.00
$ -
I $ 22,805.00
11 Task 3.0 Totals
$ 29,782.00
$ 57,367.00
1 $ -
1 $ 87,149.00
TxDOT will apply transportation development credits sufficient to provide the match for FHWA PIr 112 and FTA Section 5303 fiords.
P s the credits reflect neither cash nor man hours, they are not reflected in the fmding table.
2025 Task 3.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
3!.1 Manage Program Docs.
MPO
$ 13,496.00
$ 9,000.00
$ -
$ 22,496.00
3!.2 Support Transit Providers
MPO
$ -
$ 39 950.00
$ -
$ 39,950.00
3!.3 Complete Streets Planning
MPO
$ 15,805.00
$ 8,900.00
$ -
$ 24,705.00
11 Task 3.0 Totals
$ 29,301.00
$ 57,850.00
$ -
$ 87,151.00
TxOOT will apply transportation development credits sufficient to provide the match for FHWA PL-112 and FTA Section 5303 fiords.
A's the credits reflect neither cash nor man hours, they are not reflected in the fimding table.
2024 - 2025 Task 3.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
3!.1 Manage Program Docs.
MVO
$ 30,473.00
$ 16,471.00
$ -
$ 46,944.00
3!.2 Support Transit Providers
MPO
$ -
$ 79,846.00
$ -
$ 79,846.00
3!.3 Complete Streets Planning
MPO
$ . 28,610.00
$ 18,900.00
$ -
$ 47,510.00
11 Task 3.0 Totals
$ 59,083.00
$ 115,217.00
$ -
$ 174,300.00
TX OT will apply transportation development credits sufficient to provide the match for FHWA PL-112 and FTA Section 5303 fiords.
As the credits reflect neither cash nor man hours, they are not reflected in the fimding table.
FY2024-FY2025 Unified Planning Work Program 15 September 6, 2023
TASK 4.0: METROPOLITAN TRANSPORTATION PLAN
OBJECTIVE
The objective of Task 4.0 is to monitor and amend as necessary the 2045 Metropolitan Transportation
Plan (MTP) which identifies metropolitan area transportation projects and their anticipated funding from
2020 to 2045 and provides guidance on the management of the region's transportation system in
accordance with local needs and federal and state regulations. In addition, staff will begin work in FY
2023 on the 2050 Metropolitan Transportation Plan (MTP).
EXPECTED PRODUCTS
Products expected from this task include performing activities related to monitoring and amending the
2045 MTP and development of the 2050 MTP.
PREVIOUS WORK
4.1 MTP Management
Implementation of the 2045 MTP was monitored and the MTP was amended twice. Amendment
One was approved by the Policy Board on February 26, 2020, and Amendment Two was approved
October 6, 2020. Staff utilized Decision Lens tool for project prioritization consideration in the
development of the 2045 MTP and analyzed the adopted 2045 MTP using INVEST.
SUBTASK
4.1 Metropolitan Transportation Plan Sta€1 (2024 and 2025)
The MPO will develop an MTP update. This will include data collection and analysis, goal setting,
financial forecasting and modal plans. In addition, MPO staff will develop a Call For Projects, use
Decision Lens to score projects and document fiscal constraint. The MPO will focus on the
integration of new tools and techniques in the 2050 MTP by:
• Integration of a Resiliency factor in the TxDOT Decision Lens project prioritization
tool;
• Enhance Performance -Based Planning Techniques by incorporating federally
mandated performance measures and performance targets to assess system
performance;
• Development of a system evaluation reporting process for evaluating the condition
and performance of the transportation system;
• Revise and enhance the development of environmental justice tools and
methodologies;
• Model the adopted 2050 Major Thoroughfare Concept for development of the
unconstrained project list and assist in project prioritization;
• Work with the Destination Bryan and Visit College Station and the Chamber of
Commerce to enhance tourism;
• Work with the Brazos Valley Emergency Management Association in determining
ways to minimize the impacts of natural disasters on the transportation network; and
• Compile a list of transportation projects to meet TxDOT's 10-year advanced project
identification requirement associated with the Unified Transportation Program.
FY2024-FY2025 Unified Planning Work Program 16 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 17 September 6, 2023
TASK 4.0 FUNDING SUMMARY — METROPOLITAN TRANSPORTATION PLAN
2024 Task 4.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
4.1 MTP (staff)
MPO
$ 57,661.00
$ 9,950.00
$ -
$ 67,611.00
4.2 MI? Consultant
MVO
$ -
1
1
$ -
11 Task 4.0 Totals
$ 57,661.00
1 $ 9,950.00
1 $ -
$ 67,611.00
TxDOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fiords.
As the credits reflect neither cash nor man hours, they are not reflected in the funding table.
2025 Task 4.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
4.1 MT? (Staff)
MPO
$ 29,139.00
$ 5,000.00
$ -
$ 34,139.00
4.2 MTP Consultant
MPO
$ -
$ -
$ -
$ -
11 Task 4.0 Totals
$ 29,139.00
$ 5,000.00
$ -
$ 34,139.00
TOOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fiords.
As the credits reflect neither cash nor man hours, they are not reflected in the fimdmg table.
2024-2025 Task 4.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
4.1 MT? (Staff)
MPO
$ 86,800.00
$ 14,950.00
$ -
$ 101,750.00
4.2 MTP Consultant
MPO
$ -
$ -
I $ -
$ -
Task 4.0 Totals
$ 86,800.00
$ 14,950.00
$ -
$ 101,750.00
SOT will apply transportation development credits sufficient to provide the match for FHWA PLr 112 and FTA Section 5303 fiords.
the credits reflect neither cash nor man hours, they are not reflected in the funding table.
FY2024-FY2025 Unified Planning Work Program 18 September 6, 2023
TASK 5.0: SPECIAL STUDIES
OBJECTIVE
The objective of Task 5.0 is to further the goals and objectives of the transportation planning process
through special studies undertaken by MPO staff or consultants.
. EXPECTED PRODUCTS
• Complete a final version of the Brazos County Congestion Management Process (2024 and 2025);
• Participate in the Texas Innovation Alliance (2024 and 2025);
• The MPO will work with a consultant to execute the Safe Streets and Roads for All grant and conduct
annual measurements (including public education activities) (2024 and 2025);
• Revise a Transportation Resiliency Plan for Brazos County that addresses extreme weather events
(2025); and
• The MPO will update the Leveraging Local Resources educational document (2025).
PREVIOUS WORK
5.1 TxDOT Study Partnership
The TxDOT Bryan District is undertaking two multi -year studies that will have a significant impact
on the BCSMPO. The first is a follow-up study to the MPO funded University Drive Study that
recommended several concepts for enhanced bicycle and pedestrian safety along and across FM
60. The second study is the I-14 Alignment Study which passes through Bryan/College Station
and may include a loop around the MPO area. MPO staff provides data and technical input.
5.2 Texas Innovation Alliance
The Bryan -College Station area was invited to participate in the Texas Innovation Alliance in 2016.
In addition to on -going statewide Alliance activities, the BCSMPO developed three small projects
for development under this task. The first was to improve the efficiency of use of human service
transportation for low-income and disabled citizens. The second was to take lessons learned from
managing traffic operations during Texas A&M football games and deploy these operational
techniques MPO wide Monday through Friday. The third project was autonomous vehicle (AV)
testbeds and included AV shuttle deployments in Downtown Bryan and on the Texas A&M
campus.
5.3 State Highway 6 Freight Concept
The MPO, in conjunction with the Texas A&M Transportation Institute (TTI), took the lead to
develop an alternative freight corridor concept from new Houston port facilities in Freeport to
the Alliance Rail Yard in Fort Worth. The final product will be a State Highway 6 Corridor
Concept for freight movement and then present the entire concept to TxDOT for consideration.
5.4 Congestion Management Process
The MPO completed the Congestion Management Process for our planning area and developed
regional access management and traffic impact analysis guidelines.
FY2024-FY2025 Unified Planning Work Program 19 September 6, 2023
5.5 TMA Transition
The MPO worked with member jurisdictions and partner agencies to assist in an accurate 2020
Census count and provided guidance on the anticipated re -designation as a TMA and its
ramifications.
SUBTASKS
5.1 Congestion Management Process and Monitoring (2024 and 2025)
In previous UPWP's, MPO staff developed a draft Congestion Management Process in
anticipation of being designated a transportation management area. Now that the MPO has been
so designated, staff will work with the Technical Advisory Committee and the public in adopting
a final Congestion Management Process.
5.2 Texas Innovation Alliance (2024 & 2025)
The Bryan -College Station area was invited to participate in the Texas Innovation Alliance in 2016.
In addition to on -going statewide Alliance activities the BCSMPO has developed three small
projects for development under this task. The first is to improve the efficiency of use of human
service transportation for no vehicle access households, low-income and disabled citizens. The
second is to take lessons learned from managing traffic operations during Texas A&M football
games and deploy these operational techniques MPO wide Monday through Friday. The third
project is autonomous vehicle (AV) testbeds and includes AV shuttle deployments in Downtown
Bryan and near the Texas A&M campus.
5.3 Safe Streets and Roads for All (2024 & 2025)
MPO staff will be working with a consultant to complete a Comprehensive Safety Action Plan as
a result of being awarded a Safe Streets and Roads For All grant from the United States
Department of Transportation. This task provides for staff assistance to the consultant for
securing meeting space and for assisting in developing the first County -wide Transportation Safety
Event in calendar year 2024.
5.4 Update Resiliency Plan (2025)
Introduced as a planning factor in the FAST Act, making the local transportation network resilient
to natural disasters is an emphasis area in the current administration. With assistance from'ITI
and the Federal Highway Administration, MPO staff will update its Transportation Resiliency Plan
with an emphasis on network redundancy during extreme weather events. An advisory committee,
selected by the Brazos County Emergency Management Department, will provide review services.
5.5 Leveraging Local Resources (2025)
In 2018, MPO staff with assistance with the Texas A&M Transportation Institute, developed a
four -page handout for public education on local transportation investment and how those funds
can/are used to leverage additional state and federal funding. This important tool needs to be
updated.
FY2024-FY2025 Unified Planning Work Program 20 September 6, 2023
TASK 5.0 FUNDING SUMMARY — SPECIAL STUDIES
2024 Task 5.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
5.1 CMP
MVO
$ 13,525.00
$ -
$ -
$ 13,525.00
5;.2 Texas Innovation Alliance
MVO
$ 14 935.00
$ 6,750.00
$ -
$ 21,685.00
5.3 Safe Streets and Roads For All
MPO
$ 10,376.00
$ 2,329.00
$ -
$ 12,705.00
5',.4 Resiliency Plan
MVO
$ -
$ -
$ -
$ -
5;.5 Leveraong Local Resources
MVO
$ -
$ -
$ -
$ -
Task 5.0 Totals
$ 38,836.00
$ 9,079.00
$ -
$ 47,915.00
TxDOT will apply transportation development credits sufficient to provide the match for FHWA PIr 112 and FTA Section 5303 fimds.
As the credits reflect neither cash nor man horns, they are not reflected in the fimding table.
2025 Task 5.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
5,1 CMP
MPO
$ 10,708.00
$ -
$ -
$ 10,708.00
S.2 Texas Innovation Alliance
MPO
$ 10,400.00
$ 7,896.00
$ -
$ 18,296.00
5,'.3 SS4A Measuresments
MVO
$ 10,000.00
$ 5,000.00
$ -
$ 15,000.00
5.4 Resiliency Plan
MPO
$ 10,000.00
$ 3,900.00
$ -
$ 13,900.00
S.5 Leveraging Local Resources
MPO
$ 10,000.00
$ 3,000.00
$ -
$ 13,000.00
1 Task 5.0 Totals
$ 51,108.00
$ 19,796.00
$ -
$ 70,904.00
JOT will apply transportation development credits sufficient to provide the match for FHWA Plr 112 and FTA Section 5303 fimds.
the credits reflect neither cash nor man horns, they are not reflected in the fimding table.
FY2024-FY2025 Unified Planning Work Program 21 September 6, 2023
2024 - 2025 Task 5.0 Funding
UPWP Subtask
Responsible
Agency
FHWA
FTA
SPR
TOTAL
51.1 CMP
MVO
$ 24,233.00
$ -
$ -
$ 24,233.00
5!.2 Texas Innovation Alliance
MPO
$ 25,335.00
$ 14,646.00
$ -
$ 39,981.00
5j.3 SS4A Combined
MVO
$ 20,376.00
$ 7,329.00
$ -
$ 27 705.00
51.4 Resiliency Plan
MVO
$ 10,000.00
$ 3,900.00
$ -
$ 13,900.00
51.5 Levera 'n Local Resources
MVO
$ 10,000.00
$ 3,000.00
$ -
$ 13,000.00
1 Task 5.0 Totals
$ 89,944.00
$ 28,875.00
$ -
$ 118,819.00
SOT will apply transportation development credits sufficient to provide the match for FHWA PI,112 and FTA Section 5303 fiords.
the credits reflect neither cash nor man horns, they are not reflected in the finding table.
FY2024-FY2025 Unified Planning Work Program 22 September 6, 2023
BUDGET SUMMARIES
The following tables show the amount of available planning resources programmed by the MPO for
2024, 2025 and a combined summary for 2024 — 2025. Also included is a recap of the funding
requirements and sources of funding (including any funds carried over from previous years). Be aware
that funding estimates are based upon prior years' authorization; approvals are made contingent upon
legislation for continued funding.
2024 BUDGET SUMMARY*
UPWP
Description
FHWA
FTA
SPR
TOTAL
Task
1.0
Administration/ Management
$ . 180,275.00
$ 55,000.00
$ -
$ 235,275.00
2.0
Data Development and
$ 39,824.00
$ -
$ -
$ 39,824.00
Maintenance
3.0
Short Range Planning
$ 29,782.00
$ 57,367.00
$ -
$ 87,149.00
4.0
Metropolitan Transportation
$ 57,661.00
$ 9,950.00
$ -
$ 67,611.00
Plan
5.0
Special Studies
$ 38,836.00
$ 9,079.00
$ -
$ 47,915.00
TOTALS1
$ 346,378.00
1 $ 131,396.00
$ -
i $ 477,774.00
TRANSPORTATION PLANNING FUNDS (TX�a
TPF (FHWA PI,112 + FTA) $ 456,091.67
TPF Prior Years Carryove? $ 21,682.19
SPR (Award notification received September 23, 2019) $ -
TOTAL FUNDING ` $ 477,773.86
a TxDOT will apply transportation development credits sufficient to provide the match for
TPF fiords. As the credits reflect neither cash nor man hours, they are not reflected in
the fimding tables. -
b Based on FY 2020 Balance Available ($197,000) and FY 2022 estimated need
° Frmds are for MPO perfDnmd activities (and associated consultants) and not for the work performed by others.
*FTA Section 5307 funds are administered by the Brazos Transit District,
as a result they are not included in the funding totals.
FY2024-FY2025 Unified Planning Work Program 23 September 6, 2023
2025 BUDGET SUMMARY*
UPWP
Description
FHWA
FTA
SPR
TOTAL
Task
1.0
Administration/ Management
$ 195,916.00
$ 48,750.00
$ -
$ 244,666.00
2.0
Data Development and
$ 39,825.00
$ -
$ -
$ 39,825.00
Maintenance
3.0
Short Range Planning
$ 29,301.00
$ 57,850.00
$ -
$ 87,151.00
4.0
Metropolitan Transportation
$ 29,139.00
$ 5,000.00
$ -
$ 34,139.00
Plan
5.0
Special Studies
$ 51,108.00
$ 19,796.00
$ -
$ 70,904.00
TOTALS
$ 345,289.00
$ 131,396.00 1
$ -
$ 476,685.00
TRANSPORTATION PLANNING FUNDS (TX�a
TPF (FHWA PIr 112 + FTA) $ 456,091.67
TPF Prior Years Carryove? $ 20,593.19
.LOCAL $ -
TOTAL FUNDING` $ 476,684.86
a TxDOT will apply transportation development credits sufficient to provide the match for
TPF fiords. As the credits reflect neither cash nor man -howl, they are not reflected in
the fimding tables.
b Based on FY 2022 Balance Available ($233,000) and FY 2023 estimated need
`Funds are for MPO performed activities (and associated consultants) and not for the work performed by others.
*FTA Section 5307 funds are administered by the Brazos Transit District,
as a result they are not included in the funding totals.
FY2024-FY2025 Unified Planning Work Program 24 September 6, 2023
2024-2025 BUDGET SUMMARY*
UPWP
Description
FHWA
FTA
SPR
TOTAL
Task
1.0
Administration/Management
$ 376,191.00
$ 103,750.00
$ -
$ 479,941.00
2.0
Data Development and
$ 79,649.00
$ -
$ -
$ 79,649.00
Maintenance
3.0
Short Range Planning
$ 59,083.00
$ 79,846.00
$ -
$ 174,300.00
4.0
Metropolitan Transportation
$ 86,800.00
$ 14,950.00
$ -
$ 101,750.00
Plan
5.0
Special Studies
$ 89,944.00
$ 28,875.00
$ -
$ 118,819.00
TOTALS
$ 691,667.00
$ 227,421.00
$ -
$ 954,459.00
TRANSPORTATION PLANNING FUNDS (TX�a
TPF (FHWA PL-112 + FTA) $ 912,183.34
TPF Prior Years Carryover $ 42,275.38
ILL $ -
TOTAL FUNDING` $ 954,458.72
a TxDOT will apply transportation development credits sufficient to provide the match for
TPF fiords. As the credits reflect neither cash nor man-hours, they are not reflected in
the finding tables.
b Based on FY 2022 and FY 2023 proposed finding
ds are fDr MPO performed activities (and associated consultants) and not work performed by others.
FTA Section 5307 funds are administered by the Brazos Transit District,
as a result they are not included in the funding totals.
FY2024-FY2025 Unified Planning Work Program 25 September 6, 2023
APPENDIX A
POLICY COMMITTEE &
TECHNICAL ADVISORY COMMITTEE
VOTING MEMBERS
FY2024-FY2025 Unified Planning Work Program 26 September 6, 2023
POLICY COMMITTEE MEMBERSHIP
(As of December 1, 2023)
Name Committee Position Representing
Commissioner Nancy Berry Chair Brazos County
Mayor John Nichols Vice -Chair City of College Station
Councilman James Edge Member City of Bryan
Peter Lange Member Texas A&M University
Chad Bohne, P.E. Member Texas Department of Transportation
John McBeth Member Brazos Transit District
TECHNICAL ADVISORY COMMITTEE
MEMBERSHIP
(As of December 1, 2023)
Name Committee Position Representing
Paul Kaspar P.E. Chair City of Bryan
Jason Schubert Vice -Chair City of College Station
Doug Marino, P.E. Member Texas Department of Transportation
Prarthana Banerji, P.E. Member Brazos County
Jo Marlow Member Brazos Transit District
Deb Albert, P.E. Member Texas A&M
FY2024-FY2025 Unified Planning Work Program 27 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 28 September 6, 2023
BCShi PO PLANNING BOUNDARY
sy
- s
iSN 3q
Legenda
0 Brazos County sy
College Station
Bryan
Major Highways
Rivers
o s 10 Miles
i i
FY2024-FY2025 Unified Planning Work Program 29 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 30 September 6, 2023
Limited English Proficiency
English as a First Language
,�z fMap Key
. V - y •� f —3 Bryan
Y;fr .F'i'rs d " 'k' .{$ -i t 5 `.. ni ` ��.' •. College Station
TAMU
j^ t
f'} County
Bieck Group
-
� Roads
English as a First Language
t0000
5000
C. 5t English Doty
C, 5« Othorlanguago
Facility Type
a F pressvray
PrEnelpal Artortal - Divided
f
• /,, �,;yQ +` s > Principal Arterial -C
t
rr�a y „rr •i ti. ,d .r mile Principal Arterial - Undivided
Minor Arterial • Divided
rye rr� Minor Arterial -CLT
�
{ j • �; r� ` \ �rs� .� T Minor Arterial -Undivided
Collaclor-Divided
�Colloetor•CLT
{. - E �, `• t % ,�• i;� '�--• '±' r, Calloclat -Undivided
= Frontage Rd
.= I l'"1'•V f U ��'., -t Cp _ ti: f'—Ramp-Across
csRamp-Fvry•lo•Fwy
Mlles
BCSMPO
FY2024-FY2025 Unified Planning Work Program 31 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 32 September 6, 2023
DEBARMENT CERTIFICATION
(Negotiated Contracts)
(1) The Bryan/College Station Metropolitan Planning Organization as CONTRACTOR
certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public* transaction or
contract under a public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity* with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in this certification,
such CONTRACTOR shall attach an explanation to this certification.
*federal, state or local
— 7��
Commissioner Rancy Berry, Chairperson
Bryan/College Station MPO Policy Committee
ATTEST:
s
Daniel Rudge, Execu ' Director
Bryan/College Statif MPO
September 6.2023
Date
FY2024-FY2025 Unified Planning Work Program 33 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 34 September 6, 2023
CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclosure
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
CommissiorYr Nancy Berry, Chair
Bryan/College Station MPO Policy Board
Act
Daniel Rudge, Executiv irector
Bryan/College Station IPO
September 6, 2023
Date
I
FY2024-FY2025 Unified Planning Work Program
35
September 6, 2023
FY2024-FY2025 Unified Planning Work Program 36 September 6, 2023
Certification of Compliance
I, Commissioner Nancy Berry , Chairperson of the Policy Committee, a duly authorized
officer/representative of the Bryan/College Station Metropolitan Planning Organization, do hereby
certify that the contract and procurement procedures that are in effect and used by the forenamed
MPO are in compliance with 2 CFR 200, "Uniform Administrative Requirements, Cost Principles,
and Audit Requirements," as it may be revised or superseded.
Commission& Nancy Berry, Chairperson
Bryan/College Station MPO Policy Committee
Attes
�M
Daniel Rudge, Executiv irector
Bryan/College Station,41PO
September 6, 2023
Date
FY2024-FY2025 Unified Planning Work Program 37 September 6, 2023
i
i
FY2024-FY2025 Unified Planning Work Program 38
September 6, 2023
Certification of Internal Ethics and Compliance Program
I, Commissioner Nancy Berry , Chairperson of the Policy Committee, a duly authorized
officer/representative of the Bryan/College Station Metropolitan Planning Organization, do hereby
certify that the forenamed MPO has adopted and does enforce an internal ethics and compliance
program that is designed to detect and prevent violations of law, including regulations and ethical
standards applicable to this entity or its officers or employees and that the internal ethics and
compliance program satisfies the requirements of by 43 TAC § 31.39. "Required Internal Ethics and
Compliance Program" and 43 TAC § 10.51 "Internal Ethics and Compliance Program" as may be
revised or superseded.
Commissioner ancy Berry, &airperson
Bryan/College Station MPO Policy Committee
Att
Daniel Rudge, Executive ector
Bryan/College Station N O
September 6, 2023
Date
FY2024-FY2025 Unified Planning Work Program 39 September 6, 2023
FY2024-FY2025 Unified Planning Work Program 40 September 6, 2023
3-Cs
Continuing, Comprehensive and Cooperative Planning Process
he Federal -Aid Highway Act of 1962 created the federal requirement for urban transportation planning
largely in response to the construction of the Interstate Highway System and the planning of routes
through and around urban areas. The Act required, as a condition attached to federal transportation
financial assistance, that transportation projects in urbanized areas of 50,000 or more in population be
based on a continuing, comprehensive, urban transportation planning process undertaken cooperatively
by the states and local governments.
.DA
nericans with Disabilities Act of 1990
ohibits private employers, state and local governments, employment agencies and labor unions from
;criminating against qualified individuals with disabilities in job application procedures, hiring, firing,
vancement, compensation, job training, and other terms, conditions and privileges of employment.
.OP
ual Listing of Projects
ALOP is a document that is produced each year in order to list all new projects that were
,rammed and under contract in Brazos County using federal funds during the specified fiscal year.
.ual Performance and Expenditures Report
Annual Performance and Expenditures Report (APER) is a document that is produced each year in
r to list all work performed and deliverables produced by MPO staff during the specified fiscal year.
TAP
live Transportation Advisory Panel
.e ATAP is a panel of local government representatives and appointed citizens who focus on
nsportation issues related to bicyclists and pedestrians.
9-OVIS
ode of Federal Regulations
he Code of Federal Regulations is the codification of the general and permanent rules published in the
;deral Register by the executive departments and agencies of the United States Federal Government. It
divided into 50 titles that represent broad areas subject to Federal Regulation: each volume of the CFR
updated once each calendar year and is issued on a quarterly basis.
FY2024-FY2025 Unified Planning Work Program 41 September 6, 2023
[sit]
of Governments
COG is typically charged with addressing regional issues and opportunities in the regional planning
Air Act Amendments of 1990
Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary
mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air
lity Standards (NAAQS) to protect public health and public welfare and to regulate emissions of
irdous air pollutants. The Clean Air Act Amendments of 1990 was signed into law by President
rRe H.
tat Justice
ices and benefits should allow for meaningful participation and be fairly distributed to avoid
IS
dronmental Impact Statement
National Environmental Policy Act (NEPA) requires all federal agencies to prepare an
ironmental impact statement for proposed major actions that significantly affect the quality of the
ian environment. The EIS requirement includes the public in the federal agency decision -making
-ess. Major actions generally are those actions that require substantial planning, timing, resources, or
ense. Federal involvement usually means either funding of a project or required permits.
AST ACT
zing America's Surface Transportation Act
i December 4, 2015, President Obama signed the Fixing America's Surface Transportation (FAST)
A (Pub. L. No. 114-94) into law —the first federal law in over a decade to provide long-term funding
rtainty for surface transportation infrastructure planning and investment. The FAST Act authorizes
05 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public
nsportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and
listics programs. The FAST Act maintains a focus on safety, keeps intact the established structure of
various highway -related programs we manage, continues efforts to streamline project delivery and,
the first time, provides a dedicated source of federal dollars for freight projects.
FHWA
�'ederal Highway Administration
The FHWA is a branch of the U.S. Department of Transportation that administers the federal -aid
Highway Program, providing financial assistance to states to construct and improve highways, urban
and rural roads, and bridges. The FHWA also administers the Federal Lands Highway Program,
including survey, design, and construction of forest highway system roads, parkways and park roads,
Indian reservation roads, defense access roads, and other Federal lands roads.
FY2024-FY2025 Unified Planning Work Program 42 September 6, 2023
� �.
Transit Administration
FTA is a branch of the U.S. Department of Transportation that is the principal source of federal
incial assistance to America's communities for planning, development, and improvement of public or
>s transportation systems. The FTA provides leadership, technical assistance, and financial resources
safe, technologically advanced public transportation to enhance mobility and accessibility, to
trove communities and natural environment, and to strengthen the national economy.
eographic Information System
geographic information system is a computerized data management system designed to capture, store,
xieve, analyze, and display geographically referenced information.
OV
gh Occupancy Vehicle
;h occupancy vehicles are vehicles carrying two or more people. The number that constitutes an HOV
the purposes of HOV highway lanes may be designated differently by various local transportation
TEA
ter -Modal Surface Transportation Efficiency Act of 1991
its is a legislative initiative by the U.S. Congress that restructured funding for transportation programs,
thorized an increased role for regional planning commissions/MPOs in funding decisions, and
luires comprehensive regional and statewide long-term transportation plans.
lligent Transportation System
is the application of advanced technologies to improve the efficiency and safety of transportation
P
.ted English Proficiency
refers to individuals whose first language is not English and may have difficulty understanding
portation terms verbally or in writing that are spoken or written in english.
LP-21
ing Ahead for Progress in the 21st Century
'-21 was signed into law by President Barak Obama on June 29, 2012. Funding surface
portation programs at of $105 million for fiscal years 2013 and 2014, MAP-21 was the first long -
highway authorization enacted since 2005.
MPO
Metropolitan Planning Organization
An MPO is a regional policy body, required in urbanized areas with populations over 50,000, and
FIY2024-FY2025 Unified Planning Work Program 43 September 6, 2023
ignated by local officials and the governor of the state. An MPO is responsible, in cooperation with
state and other transportation providers, for carrying out the metropolitan transportation planning
uirements of federal highway and transit legislation.
tropolitan Transportation Plan
MTP is the official inter -modal transportation plan that is developed and adopted through the MPO
cess for the metropolitan area, in accordance with 23 U.S.C. 134, 23 U.S.C. 135 and 49 U.S.C. 5303.
EPA
ational Environmental Policy Act of 1969
EPA established a national environmental policy requiring that any project using federal funds or
quiring federal approval, including transportation projects, examine the effects of proposed and
ternative choices on the environment prior to a federal decision being made.
B/PC
cy Board/Policy Committee
Policy Board/Policy Committee is the decision -making body of the MPO, composed of officials
i the Metropolitan Planning area, which meet to discuss transportation related topics.
ling Emphasis Area
are topical areas in planning that FHWA and FTA want to emphasize as MPOs develop work
associated with the Unified Planning Work Program (UPWP).
blic Participation Procedures
e PPP is a document that specifies how the MPO will publish documents so that the general public
y submit comments for the MPO to consider when developing plans, programs and other documents.
tal Mobility Authority
allow counties to take the lead in acquiring, constructing, operating, maintaining, expanding or
.ng a transportation project.
TEA-LU
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
On August 10, 2005, President George W Bush signed the Safe, Accountable, Flexible, Efficient
Tiransportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU authorizes federal
surface transportation programs for highways, highway safety, and transit for the 5-year period from
2005 to 2009. It has since been replaced by the MAP-21 bill, signed into law by President Obama on
June 29, 2012.
FY2024-FY2025 Unified Planning Work Program 44 September 6, 2023
Olt
:ate Planning and Research
le Federal Highway Administration provides TxDOT with SPR funding to focus on issues of statewide
anning and research importance. These funds may be suballocated to MPOs to study local corridors
id other transportation projects that impact the state highway system or intermodal facilities.
TIP
ate Transportation Improvement Program
PIP is a staged, multi -year, statewide, inter -modal program of transportation projects, consistent with
e statewide transportation plan and planning processes as well as metropolitan plans, TIPS, and
AC
mical Advisory Committee
TAC is a committee of planning staff from various entities in the Metropolitan Planning Area who
to discuss transportation related topics and to advise the Policy Committee.
AZ
•ansportation Analysis Zone
TAZ is the unit of geography used in conventional transportation planning models. The size of a zone
ries, but for typical metropolitan planning software, a zone of under 3,000 people is common. The
atial extent of zones typically varies in models, ranging from very large areas in the rural areas to as
fall as city blocks in downtown areas.
M (First Definition)
isportation Demand Management
[ is comprised of programs designed to reduce demand for transportation through various means,
as the use of transit, teleworking and alternative work hours.
M (Second Definition)
'el Demand Model
travel demand model is the attempt of estimating the number of vehicles or people that will use a
ecific transportation facility in the future. Travel forecasting begins with the collection of data on
rrent travel. This travel data is combined with other known data, such as population, employment, trip
es, travel costs, etc., to develop a travel demand model for the current situation. Feeding it with
-dicted data for population, employment, etc. results in estimates of future travel, typically estimated
each roadway segment or transportation facility.
TEA-21
Transportation Equity Act for the 21st Century
Authorized in 1998, TEA-21 provided federal funding for transportation investment for fiscal years
1998 to 2003. Approximately $217 billion in funding was authorized, the largest amount in history to
that point, which is used for highway, transit, and other surface transportation programs.
FY2024-FY2025 Unified Planning Work Program 45 September 6, 2023
asportation Improvement Program
TIP is a document prepared by a metropolitan planning organization that lists projects funded with
VANTA funds for the next one to three -fiscal year period.
•ansportation Management Area
TMA is defined as all urbanized areas over 200,000 population and any other area that requests this
A&M Transportation Institute
1OT
Department of Transportation
0
)anized Area
urbanized area is an area that contains a city of 50,000 or more population plus incorporates
.-ounding areas meeting size or density criteria as defined by the U.S. Census Bureau.
nified Planning Work Program
he UPWP is the management plan for the [metropolitan] planning program. Its purpose is to coordinate
.e planning activities of all participants in the planning process.
11
ol l
fnited States Department of Transportation
FY2024-FY2025 Unified Planning Work Program 46 September 6, 2023
BRAZOS COUNTY
BRYAN,TEXAS
EPARTMENT: Brazos County Road and Bridge NUMBER: CC2024 - Tri Aggieland
Department
ATE OF COURT MEETING: 2/13/2024
FEM: Approval of the Tri Aggieland Triathlon Race scheduled for March 3, 2024 which may
require roadway and lane closures on Britten Road, Smetana Road and Burt Road. Event
traffic control plan and contingency plan are attached. Site is located in Precinct 4.
O: Commissioners Court
ROM: Megan Lott
ATE: 01 /31/2024
ISCAL IMPACT: False
UDGETED: False
iOLLAR AMOUNT: $0.00
Aescription Type
-26.pdf Tri Aggieland Event 2024 Traffic Control Plan Backup Material
Trl Aggieland Event 2024 Description and Contingency Plan Backup Material
P Duane Peters Date
County Judge
BLEYL ENGINE -IN'
BIKE COURSE IN
BIKE COURSE OUT
OFF DUTY POLICE OFFICERS
PORTABLE CHANGEABLE MESSAGE SIGN
W/ FOUR (4) PLASTIC DRUMS
®
TEMPORARY CWII-1 36X36
NOTES:
1. PCMS INCLUDES FOUR (4) PLASTIC DRUMS
PLACED AT EACH FOUR (4) CORNERS OF THE UNfT.
PER TXOOT BC (6)-21
2. PCMS 72 HOUR ADVANCE LEGEND
EVENT
SUN MAR 3
7AM-LOAM
3. PCMS RACE DAY ALTERNATING LEGEND
WATCH TRIAGGIE
FOR EVENT
BIKES TODAY
SHEET COUNT
ITEM
AMOUNT
OFF DUTY UNIFORM
OFFICIERS
3
TEMPORARY SIGNS
2
PCMS
2
CONES
B
13 L 1-ENGINEERING
C;
z
0
0
m
V
BARRICADE AND CONSTRUCTION (BC) STANDARD SHEETS GENERAL NOTES:
1. The Barricade and Construction Standard Sheets (BC sheets) are intended
to show typical examples for placement of temporary traffic control
devices, construction pavement markings, and typical work zone signs.
The information contained in these sheets meet or exceed the requirements
shown in the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD).
2. The development and design of the Traffic Control Plan (TCP)is the
responsibility of the Engineer.
3. The Contractor may propose changes to the TCP that are signed and sealed
by a licensed professional engineer for approval. The Engineer may develop,
sign and seal Contractor proposed changes.
4. The Contractor is responsible for installing and maintaining the traffic
control devices as shown in the plans. The Contractor may not move or change
the approximate location of any device without the approval of the Engineer.
5. Geometric design of lone shifts and detours should, when possible, meet the
applicable design criterio contained in manuals such as the American
Association of State Highway and Transportation Officials (AASHTO),
"A Policy on Geometric Design of Highways and Streets," the TxDOT "Roadway
Design Manual" or engineering judgment.
6. When projects obut, the Engineer(s) may omit the END ROAD WORK, TRAFFIC
FINES DOUBLE, and other advance warning signs if the signing would be
redundant and the work areas appear continuous to the motorists. If the
adjacent project is completed first, the Contractor shall erect the
necessary warning signs as shown on these sheets, the TCP sheets or as
directed by the Engineer. The BEGIN ROAD WORK NEXT X MILES sign shall be
revised to show appropriate work zone distance.
7. The Engineer may require duplicate warning signs on the median side of
divided highways where median width will permit and traffic volumes
justify the signing.
8. All signs shall be constructed in accordance with the details found in the
"Standard Highway Sign Designs for Texas," latest edition. Sign details
not shown in this manual shall be shown in the plans Or the Engineer Shall
provide a detail to the Contractor before the sign is manufactured.
9. The temporary traffic control devices shown in the illustrations of the
BC sheets are examples. As necessary, the Engineer will determine the most
appropriate traffic control devices to be used.
10. Where highway construction or maintenance work is being undertaken, other
than mobile operations as defined by the Texas Manual on Uniform Traffic
Control Devices, CSJ limit signs are required. CSJ limit signs are shown
on BC(2). The OBEY WARNING SIGNS STATE LAW sign, STAY ALERT TALK OR TEXT
LATER and the WORK ZONE TRAFFIC FINES DOUBLE sign with plaque sholl be
erected in advance of the CSJ limits. The BEGIN ROAD WORK NEXT X MILES,
CONTRACTOR and END ROAD WORK signs shall be erected at or near the CSJ
limits. For mobile operations, CSJ limit signs are not required.
11. Traffic control devices should be in place only while work is actually in
progress or a definite need exists. -
12. The Engineer has the final decision on the location of all traffic control
devices.
13. Inactive equipment and work vehicles, including workers' private vehicles
must be parked away from travel lanes. They should be as close to the
right-of-way line as possible, or located behind a barrier or guordrai 1,
or as approved by the Engineer.
WORKER SAFETY NOTES:
I. Workers on foot who are exposed to traffic or to construction equipment
within the right-of-way shall wear high -visibility safety apparel meeting
the requirements of ISEA "American National Standard for High -Visibility
Apparel," or equivalent revisions, and labeled as ANSI 107-2004 standard
performance for Class 2 or 3 risk exposure. Class 3 garments should be
considered for high traffic volume work areas or night time work.
2. Except in emergency situations, flogger stations shall be illuminated
when flagging is used at night.
COMPLIANT WORKZONE TRAFFIC CONTROL DEVICES
1. Only pre -qualified products shall be used. The "Compliant Work Zone
Traffic Control Devices List" (CWZTCD) describes pre -qualified products
and their sources.
2. Work zone traffic control devices shall be compliant with the Manual for
Assessing safety Hardware (MASH).
THE DOCUMENTS BELOW CAN BE FOUND ON-LINE AT
http://Www.txdot.gov
COMPLIANT WORK ZONE TRAFFIC CONTROL DEVICES LIST (CWZTCD)
DEPARTMENTAL MATERIAL SPECIFICATIONS (DMS)
MATERIAL PRODUCER LIST (MPL)
ROADWAY DESIGN MANUAL - SEE "MANUALS (ONLINE MANUALS)"
STANDARD HIGHWAY SIGN DESIGNS FOR TEXAS (SHSO)
TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD)
TRAFFIC ENGINEERING STANDARD SHEETS
AF Texas Department of Ransportatfon I Standard
BARRICADE AND CONSTRUCTION
GENERAL NOTES
AND REQUIREMENTS
BC(1)-21
oa-zi.dy - T.DDT -74 0T o.. T.DOT c T.D01
0T.D01 No,—, 2002
rd.
ca u"
TYPICAL MINIMUM CLEARANCES FOR LONG TERM AND INTERMEDIATE TERM SIGNS
12' min.
ROAD
AROAD 2' ROAD
STORK WORE( mmfram MORK
AHEAD 6'
ARIEAO a rb AREb1O
6 7.0' in. min.
0•-6• 9.0' lax. 6• a 7.0' min. 5 7.0' min.
a 9r 9.0' max.
eater 9.0' max.
f0 r0
Paved gnj/ir rg%J% Paved
shoulder shoulder
9E When placing skid supports an ullevel ground, the leg post lengths must be adjusted so the sign appears straight and plum.
Objects snail NOT be pIoced under sk ias as a means of leveling.
T{{F when plagues are placed an au,I - leg supports, they should be at toched to the upr I Ohl nearest the trove) lone.
Supplemental ploques (advisory or distance) should not cover the surface of the Went sign.
L Support
�/,�9
W
shall not
protrude
above sign
E
ZONE
pCSODrV�UF�LS(�
II W °3�nIIVIrfI�2If(�x
sub." 1
shail not
�QINILvt
protrude
o 11EL
LE
above sign
H
IS
AWE
K s
W SSW
Sign supports shall
extend more than
I/2 byup the
back of the sign
substrate.
FRONT ELEVATION
Wood, metal ar
fiber
Reinforced Plastic
ATTACHMENT FOR SIGN SUPPORTS
ROAD,
MORE, I
AMrsAn
Splicing embedded perforated square metal tubing in order to extend post
height rill only be at loved when the splice is made using four Dolts, two
above and
two below the spice paint. Splice must be located entirely behind
the sign substrate, not near the base of the support. Splice insert lengths
should be at least 5 titres nominal post size, centered all the splice and
of at least the sore gauge material.
STOP/SLOW PADDLES
1. STOP/SLOW paadles are the primary method to control traffic
by floggers. The SLOP/SLOW paddle size should be 24' x 24'.
2. STOP/SLOW paa°les shall be rot roreflector iZed Men used at night.
3. STOP/SLOW paadl es may De attached to a staff with a mini hum
I engih of 6' to the cot tam of the Sign.
4. Any lights incorporated into the STOP or SLOW Paddle faces
Shall only be as spec ifiC011y described in Section 6E.03
Hall Signaling Devices in the TMUTCD.
2T 2�
Sop
IL
aeceRana - erma<
M L Boraera- ,mite Lbeae,o L Bmraer - Blocx
SHEETING REQUIREMENTS (WHEN USED AT NIGHT)
USAGE
COLOR
SIGN FACE MATERIAL
BACKGROUND
RED
TYPE B OR C SHEETING
BACKGROUND
ORANGE
TYPE Bf, OR C„ SHEETING
LEGEND & BORDER
WHITE
TYPE B OR C SHEETING
LEGEND & BORDER
BLACK
ACRYLIC NON -REFLECTIVE FILM
i 0,
SIDE ELEVATION
Woad
Attachment to wooden supports
will be by bolts and nuts
or screws. Use Tx00T's or
manufacturer's recommended
procedures for attaching sign
substrotes to other types of
sign supports
Nails shall NOT
be allowed.
Each sign
Shall be attached
directly to the sign
support. Multiple
signs shall not be
joined or spliced by
any means. Wood
supports shall not be
extended or repaired
by splicing or
other means.
CONTRACTOR REQUIREMENTS FOR MAINTAINING PERMANENT SIGNS
WITHIN THE PROJECT LIMITS
1. Permanent signs are used to give notice of traffic laws or regulations, call
all tian to conditions that are potentially hazardous to traffic operations,
show route designations• destinations, directions, distances, services, points
of interest, and other geographical, recreational, specific service (TOLD), or
cultural inforzation. Drivers proceeding through a work zone need the Sate,
if not better route guidance as normally installed an a roadway without
construction.
2. When permanent regulatory or warning signs conflict Will, rack it' D qu Y 0 g scootZone conditions,
remove or cover the permanent signs until the permanent sign message notches
the roaway condition. For details for covering large guide signs see the
TS-CO standwd.
3. When existing permanent signs are moved and relocated due to construction
purposes, they shall be Visible to motorists at all times.
9. If existing signs are to be relocated an their original supports, they shall be
installed an crasnworihy oases as shorn on ine SNO St ardw0 sheets. The signs
shop meet the required mounting heights shown on the BC Sheets or the SMD
Standands. This Work should be paid for Inner the appropriate pay item for
relocating existing signs.
5. If permanent signs are to be removed and relocated using temporary supports,
the Contractor shall use croshworthhy supports as snovn on the BC standard Sheets,
TLRS standard sheets or the CWZTCO list. The signs shall meet the required counting
heights shown an the BC, or the SAID stan°ora sheets during construction. This work
shalto be paid far under the appropriate pay item for relocating existing signs.
6. Any sign or traffic control device that Is struck or longed by the Contractor
or his/her construction equipment shall be replaced as soon as Possible by the
Contractor to ensure proper guidance for the hiThis will be SuDsidiary
to Item 502.
GENERAL NOTES FOR WORK ZONE SIGNS
1. Contractor mall install and maintain signs in a straight and plump condition -war as directed by the Engineer.
2. Women sign posts shall be painted white.
3. Borricdoes shall NOT be urea as sign Supports.
4. All signs snail be installed in accordance with the plans or as directed by line Engineer. Signs shall De used to regulate, corn, and
gu Joe
the traveling public safely through the Work zone.
5. The Contractor may furnish either the sign design shown in the plans or in the 'Stonwrd Highway Sign Designs for Texas' ISHSDI. The
Engineer/Inspector may require the Contractor to furnish other work zone signs that are shorn in the 711UTCD but may nave been witted
from the plans. Any variation in the plans shall be aaculented by written agreement between the Engineer and the Contractor's
Responsible Person. All changes must be docuiented in writing before being implemented. This can include documenting the changes in
the Inspector's Tx00T di cry and having both the Inspector and Contractor initial and date the agreed upon changes.
6. The Contractor shall furnish sign supports listed in the 'Compliant Work Zone Traffic Control Device List' (CWZTCO) for small roadside
signs. Supports for temporary large roadside signs shall meet the requirements detailed on the Temporary Large Roadside Signs (TLRS)
standard Sheets. The Cantroctor Shall install the sign support in owwoape with the manufacturer's recammendotions. If there is a question
regarding installation procedures, the Contractor shall furnish the Engineer o copy of the manufacturer's installation recommendations so
the Engineer can verify the correct procedures we being followed.
7. The Contractor is responsible for installing signs on °pDroved supports ad replacing signs with called or cracked Slbstrate5 and/or
damaged or marred reflective sheeting as directed by the Engineer/Inspector.
8. Iden t, ficot,m mlarki ngs nary be sham only oft the Dock Of the sign substrate. The ciaxiow, height of letters w&W company logos used
for identification shall be I inch.
9. The Contractor Shall replace damped coop posts. New ar daroged rood sign posts shall hat De spliced,
pURATION of RORW 106 der ilte0 Ow the 'Tetras (for111a1 m Uniform Traffic Control OeviCe6- Port 6)
1. The types of sign supports, sign mounting height,the Size of signs, and the type of sign substrates Can vary based an the type of
work being performed. The Engineer is responsible for selecting the appropriate size sign for the type of work being performed. The
Contractor is responsible for ensuring the sign support, Sign -Whine height and substrate meets manufacturer's recomendaiians in
regard to crashWortnines5 and
nuratian of work requiremnenl5.
a. Long-term stationary - Wok that occupies a location more than 3 days.
D. Interned iote-term stationary - work that occupies a location more than one daylight period up to 3 days, or nighttime work lasting
re than one hour.
Short-term stationary - daytime cork that occupies a [motion far mare than I fakir in a single daylight period.
0. Short, duration - work that occupies a location up to I hour.
a. Mobile - work that moves continuously or intermittently (stopping for up to approximately 15 minutes.)
SIGN MOUNTING NEIGNi
1. ne Dotes tan of Long-term/Inlermediate-term signs snail be at least 7 feet, but not more than 9 feet, above the paved surface, except
as shown for supplemental plaques mounted below other signs.
2. The bottom a of Snort-terouShort Duration signs shall be a minimum of I foot above the pavement surface but no more than 2 feet above
3. Long er"n✓Intermreniote-term Signs may be used in lieu of Short-terMShort Durotian signing,
4. Short-term/Short Duration signs moll be uses only our ing daylight and shall be removed at the end of the workday or raised to
appropriate Lang-term/Intenreniate sign height.
5. Regulatory signs snail be mounted at least 7 feet, but not more than 9 feet, above the p-ve0 surface regardless of cork duration.
SIZE OF SIGNS
7. The Contractor Shot furnish the sign sh sizes am on BC (2) unless otherwise Shown in the plans or as directed by the Engineer.
SIGN SUBSTRATES
I. The Contractor shall ensure the sign substrate is installed in accordance with the manufacturer's reconvendation5 for the type of sign
support that is being used. The CWZTCO lists each substrate that can be used an the different types and models of sign supports.
2. 'Yesh' type materials are NOT an approved sign substrate, regardless of the tightness of the weave.
3. All wooden individual sign panels fabricated from 2 or mare pieces shall have one or more plywood cleat, 1/2' thick by 6' wide,
fastened to the Dock of the sign and extending fully across the sign. The cleat Shot be attached to the Dook of the Sign using wood
screws that d- not penetrate the face of the sign panic 1. The screws shall be placed on both sides of the splice and spaced at 6'
centers. The Engineer may approve other methods of splicing the sign face.
REFLECTIVE SHEETING
I, All signs 5holl De retrorefleatIVc and constructed of Sheeting meeting the color and retro-reflectivity requirements of OMS-8300
for rigid signs or DSIS-8310 for roll -up signs. The web address for DMS specifications is shown on BC(1).
2. White sheeting meeting the requirements of DMS-8300 Type A, shall be used for signs with a White bmikoraund.
3. Orange sheeting, meeting the requirements of DMS-8300 Type Bh. w Type ChL, shop be used for rigid signs With orange backgrounds.
SIGN LETTERS
1. All sign letters and numbers shall be clear, ad open rounded type uppercase olp"obst leviers as approved by the Federal Highway
Administration IFHWAI and as peal isned in the 'Standard Highway Sign Design for Texas- mnual. Signs, letters and twit ers shall be of
first class Workmanship in accordance with Deportment Standards and Scecificalions.
READYING OR COVERING
1. When Sion messoges may be contusing or do not apply, the signs shall be recooved a m caletely covered.
2. Long-term stationary Ir intermediate stationary signs installed an square metal tubing may be turned away from traffic 90 degrees Men
the sign message is not applicable. This technique may not be used for signs installed in the maim of divided highways or new any
intersections where the sign may be seen from approaching traffic.
3. Signs installed on women skids shall not be turned at 90 degree angles to the roadway. These signs Mould be removed or completely
covered when not required.
4. When signs are covered, the material used shall be opaque, Such as heavy mil black plastic, or other materials which rill cover the
entire sign face and Sointoin their opaque properties under outambile headlights at night, without dalpging the sign sheeting.
5. Burlap Moll NOT be used to cover signs.
6. Duct tape or other oanesive material snail NOT be affixed to a sign face.
T. Signs and anchor stubs shall be reoovea and holes bockfilled upon completion of Work.
SIGN SUPPORT WEIGHTS SHEET 4 OF 12
1. Where sign supports require the use of Weights to keep from turning over, the use
of Sannbag6 With dry, cohesi onlebe Sara should be use°. Sa ",
2. Ile s°ndaags will be tied shut to keep the sand from spilling and to maintain a Dlv/slon
anstani Weight.iron, steel or other solid objects shall not De permitted ,Texas Department of 7Yanspartetlon standard
3. Rock, concrete ,
for use as sign support weights.
4. Sandoags should weigh a minima of 35 IbS and o maximm of 50 lbs.
5. Sandbags
5bbl I be ma°` of a dkinnele material '"°' teur5 "pan vehicular BARRICADE AND CONSTRUCTION
lubber all(such as hire ,niter tubes) sna)I NOT oe used.
6. Rubber RubberDa port designed for supports.
ign s devicsb esign not be used for
ballast be portable sign used when
Sign Supports CWZTCO
nli and manufactured TEMPORARY SIGN NOTES
with gs sin bases may be aced Men Shown id ine Cthe b list.
T. 5anmag5 snarl only be placed of no or laic over the base supports of the
traffic Control wivice and shall not De steners. -Dove grand level or
atnq Winn rope, r chains or other fasteners. Sannbogs shall be places
o)onq the length oftheskids to weigh down the sign support. B. SananBC 4
ogs Shall NOT be placed under the skid and shall not De used to level
sign supports placed an slopes. FILE!bc-21. oqn m ixOOi a, 7x00i ox, Ix DOT a. Txal
FLAGS ON SIGNS QTx00T Novamer 2aa2
1. Flags any be used to draw attention to warning signs. when used, the flop shawl s
be 16 inches square or larger and Shell be orange or fluorescent red -orange in 9-07 8p7451�
color. Flags shall not be alloyed to cover any portion of the sign face. 7-13 5-21 �t4
5.°
V.
:Icz
oFpwp
u6
'8
'ago
q
off:
i�o
a[ww
Mo.;— 4x4
* Maxi—
12 sq- ft. of
21 Q. ft. of
YOOa
sign face
1 sign face
2x6 27.
n n
n n
✓
II II
*iE4x4
II
I I
I I wood
4x4
post
72•
block
Too
**4x4
rood
See BC(4)
post
for sign
2x4 x 40'
30' neig�t24-
See BCgnrequire
2x6
tar sign
height
tit
_�
-�
�_ qq• 3�_ 6,
Pronf
F—t
sift
SKID MOUNTED
WOOD
SIGN SUPPORTS
Upright must
telescope to
provide 7' height
above pavement
I 24' 2x6
s kid
It
.1 lost
Sign
�/ Post
2x6
2x6
rra�l,block
60' 4x4
ma
34- mnin
Length of skids may
48'
slrongsoils'
be increased for
minimum
55' min. in
bOditional stability.1J
weak 60116.
Top
24'
214 brace
Arm r Stub
f
ll/4• larger
7/8' bolts w/nuts
marl sign
fmin.l log
post) —�
block
screws
4x4 block
OPTION
1
OPTION
2
scat
IDirect
Embedment)
IAnchor
Stub)
PERFORATED
SQUARE METAL T
* LONO/INTERMEDIATE TERM STATIONARY - PORTABLE SKID MOUNTED SIGN SUPPORTS
E )
36'
Welds to start on
opposite sides
going opposite
directions. Mini mum
weld, do not
back fill puddle.
.to
veld weld starts her,
starts
here weld
9 sq. ft. or less-
IOnen extruded
thinwall plastic
sign only
13/4' x 1 3/4• x I1 foot
2 go post
(Go NOT SPLICE)
1 3/4' goly. round
with 5/16' holes
or 17/4' x 1 3/4'
square tubing
pin of angle
needed to
tcn sides lope 2. 5'
4B'
12 ga.
upright
2
SINGLE LEG BASE
Side View
SKID MOUNTED PE
* LONG/INTERME
16 sq. ft. or less of any rigid sign
substrate listed in section J.2.0 of
the CWZTCD, except 5/8' plyradd.
I/2- plywood is ollowed.
w�
1 3/4 x 1 3/4 - x 129-
Ino le to Motel 12 go. support
telescopes into sleeve
1 3/4 ' x 1 3/4 ' x 52' mole
to not el 12 ga. square perforated
tubing diagonal prone
0 3/8' x 3' gr. 5 bolt
12 Der support) joining
sign panel and supports
0 7/16'
32'
RFORATED SQUARE STEEL TUBING SIGN SUPPORTS
DIATE TERM STATIONARY - PORTABLE SKID MOUNTED SIGN SUPPORTS
Sign
Sign
/ Post
Past
u`
Gf�
g•
4' maxaesirm
Ing
le
is-
Optioeinfsleev74'
min, in
Base
I I/2' arger
strong soils,
See the CWZTCD
Post
than sign
55' ts
for ennedrent.
post) x 18'
weak soul..
4rxdnr Stub
y
11/4- larger
;
than sign
/
post)
OPTION
3
(Anchor Stub and Reinforcing
Sleeve))
WING CHANNEL
LIBING
Lap-s lipce/base/base
Da lied Mcnor
GROUND MOUNTED SIGN SUPPORTS
Refer to the CWZTCD and the manufacturer's installation procedure for each type sign support.
The maxinun sign square footage snoll aalere to the manufacturer's recomnerxtation.
Two past installations can be used for larger signs.
1 3/4 ' x 1 3/4 ' x 129'
Ina le to holet
12 ga. square
perforated
tubing upright
2' x 2' x 59'
'hole to hole)
12 go. perforated
tubing skid —
WEDGE ANCHORS
Both steel and plastic Wedge Anchor Systems as Shown
on the SMD Standard Sheets my be used as tanporary
sign supports for signs up to 10 square feet of sign
face. They may be set in concrete or in sturdy soils
if approved by the Engineer. (See web address for
'Traffic Engineering Standard Sheets' on BC(I)I.
OTHER DESIGNS
MORE DETAILS OF APPROVED LONG/INTERMEDIATE
AND SHORT TERM SUPPORTS CAN BE FOUND ON THE
CWZTCD LIST. SEE BC(1) FOR WESSITE LOCATION.
GENERAL NOTES
0 1/1 ' x 3• gr.
5 Dolt
I. Nails may be used in the cssemo ly of wooden sign
supports, but 3/8' Dolts with nuts or 3/8' x 3 1/2'
lab screws must be used on every joint for final
correct ion.
_
2. No more than 2 sign posts snoll De Dlocea within a
7 ft. circle, except far specific ind erials noted on the
CWZTCD List.
3. When project Is completed, all sign supports and
—Conpl etely welded
around Ming
foundations shot be removed from the project site.
This will be considered subsidiary t0 Item 502.
* See BC14) for definition of *Work Duration.'
-2' x 2" x 8•
in le to hole)
12 ga. square
* * Wood sign posts MUST be one piece. Splicing will
perforated
NOT be of loved. Posts shotI be pointed white.
tubing sleeve
¢I coal t0 skid
See the CWZTCD for ins type of sign substrate
that ban be used for each approved sign support.
SHEET 5 OF 12
— 1.
Tralf7f
--�f
Texas Department of Tiansportation
Sa/ety
Stand rd
BARRICADE AND CONSTRUCTION
TYPICAL SIGN SUPPORT
BC(5)-21
a-zl. apn
.. Txp01 — T.00T ... T.DOT m T.D01
pJxoaT November zgoz
9.07 B-I/ rs�ws
7-17 5-21
'R o
a5g
WHEN NOT IN USE, REMOVE THE PCMS FROM THE RIGHT-OF-WAY OR PLACE THE PCMS
BEHIND BARRIER OR GUARDRAIL WITH SIGN PANEL TURNED PARALLEL TO TRAFFIC
PORTABLE CHANGEABLE MESSAGE SIGNS
I. The Engineer/Inspector shall approve all messages used an portable
changeable message signs (PCMS1.
2. Messages on PCMS should contain no more than 8 words (about four to
eight characters per word), not including simple words such as 'TO,'
'FOR,' -AT,- etc.
3. Messages should cons
ist of a Single phase, or two phases that
allerrote. Thee -phase messages are not allowed. Each phase of the
7message should convey a single thought, and must be understood by
i t5elf.
4. Use the word 'EXIT' to refer to an exit rare an a freeway; i.e.,
'EXIT CLOSED.' Do not use the term 'RAMP.'
5. Always use the route or interstate designation (IN, US, SH, FMI
along it the number wren referring to a roadway.
6. When in use, the bottom of a stotiwwy PCMS message panel sabuld be
a minimum 7 feet above the roadway, where possible.
7. The message term -WEEKEND- should be used only if the work is to
start on Saturday morning and end by Sunday evening at midnight.
Actual days and hours of work should be displayed on the PCMS if work
is to begin an Friday evening and/or continue into Monday morning.
8. The Engineer/Inspector may select one of two options which are avail-
able for displaying a two-phase message an a PCMS. Each phase nay be
di 'played for either four Se A each or fw three seconds each.
9. Do not 'flash' me95ape5 or words included in a message. The message
should be steady purr or continuous while displayed.
10. Do not present redundant information on a two-phase message; i.e.,
keeping two lines of the message the sate and changing the third lire.
11. Do not use the word 'Oaner g' ,n message.
Q. Do not display the message 'LANES SHIFT LEFT' or 'LANES SHIFT RIGHT'
on a PCMS. Dr i ver5 do not understand the message.
13. Do not display messages that scroll horizontally or vertically across
the face of the sign.
14. The fallowing table lists abbreviated words and Iw0-word phrases that
are acceptable for use on a PCMS. Both words in a phrase must be
wisp loyed together. Words or phrases rot on this list should not be
abbreviated, unless shown in the TMUTCD.
15. PCMS character height should be at least 18 inches for trailer Z_tld
units. They should be visible from at least 1/2 (.5t mile and thetext
should be legible from at least 600 feet at night and 800 feet in
daylight. Truck mounted units oust have a character height of 10 inches
and must be legible from
at least 400 feet.
16. Each line of text should be centered on the message board rather than
left or rirjnt justified.
17. If disanle0, the PCNS should default to an illegible diSDtoy that rill
not alarm motorists and will only be used to alert corkers that the
PCMS nos malfunctioned. A pattern such as a series of horizontal Solid
bars is appropriate.
Roadway
designation w IN -number, US-rlu uer, SH-nuoer, FM -number
RECOMMENDED PHASES AND FORMATS FOR PCMS MESSAGES DURING ROADWORK ACTIVITIES
(The Engineer may approve other messages not specifically covered here.)
Phase 1: Condition Lists
Phase 2: Possible Component Lists
Rood/Lane/Ramp Closure List
CLOSED FCROSEOE
ROAD
SCLOSED
AT SONS XDXX FT
FMSDXXXX RIGHT
%%XAT CLSFTTN
RIGHT X
CLOSED RIGHT
OP OLANES PEN
CENTER DAYTIME
LANE
CLOSED CLOSURES
NIGHT I-XX SOUTH
LANE EXIT
CLOSURES CLOSED
VARIOUS EXIT XXX
LANES CLOSED
CLOSED X MILE
EXIT RCLOSEDN
CLOSED TO BE
MALL X LANES
DRIVEWAY CLOSED
CLOSED TUE - FRI
XXXXXXX%
C BOS ODD * LANES SHIFT in Phase
Other Condition
RO%DWORK
XXXXGFTT
RIGHT
LN
ARROWS
NX X FT
IC
XXXX XXXXTRAFFFT
LOOSE
GRAVEL
XXXX FT
DETOUR
X MILE
ROADWORK
PAST
SH XXXX
BUMP
XXXX FT
TRAFFIC
SIGNAL
XXXX FT
I must be used with
List
REPAIRS
XX FT
NARROWSX
XXXX FT
TWO-WAY
XXED
AMILE
TRAFCUSO
XXXF FIT
UNEVEN
LANES
XXXX FT
ROUGH
ROAD
XXXX FT
ROADWORK
NEXT
FRI-SUN
EXIT
% MILES
LANES
SHIFT
3E
STAY IN LANE in Phase
Action to Take/Effect on Travel
List
RM
RIGHT X IO HTS
X EXITS TS FRDXXX
T
EXIT XXX
U NORTH
SOUTH TO XXXX N
TRUCKS WATCH
USE FOR
US X%X N TRUCKS
WATCH EXPECT
FOR DELAYS
TRUCKS
EXPECT PREPARE
DELAYS TO
STOP
UCE I END
SPEEDT USE
XXDXE USE
USE WATCH
OTHER FOR
ROUTES WORKERS
STAY
2. LANE 9F
Location
List
FM %XXX
RAIL R.EXI
CROSS NG
MILES
PAST
OEXITX
%X%%%X%
TO
XXXXXXX
US XXX
TO
FM XXXX
iE if See
Warning
List
SPEED
XX MPH
AXIMU
MSP MPH
MINIMUM
SEE
XXP MPOH
SOR
ADS% I�OHY
RIGHT
LANE
EXIT
USE
CAUTION
DRIVE
SAFELY
F_
WITH
DCARE
Application Guidelines
** Advance
Notice List
XX AM -
X PM
%APM-XXAM
BEGINS
MONDAY
BEG
MAY
=AYLANE
NEXT
FRI-SUN
XX AM
TO
XX PM
TU
AUGE X
TONIGHT
XX PM -
%X AM
Note 6.
APPLICATION GUIDELINES
I. Only I or 2 phases We to be used on a PCMS.
2. Tne Ist phase (or win) should be selected from the
'RoOd/Lane/Rom, Closure List' and the 'Other Condition List'.
3. A 2nn phase can be selected (ran In,'Action to Take/Effect
an Travel, Location, General Warning, or Advance Notice
Phase Lists'.
4. A location Phase i Ssary only if a distance or location
is not Included in trecf it St
phase selected.
5. If two PCMS are used in sequence, they must be separated by
a minimum of 1000 ft. Each PCMS shall be limited to two proses,
and should be understandable by Inems Ives.
6. For advance notice, when the current date is within seven days
of the actual work date, colendar Goys Should be replaced with
d ys of the week. Advance notification should typically be for
ro more than one week prior to the work.
WORDING ALTERNATIVES
I. Tne words RIGHT, LEFT and ALL can be Interchanged as appropriate.
2. Rod
away designations IN. U5, SH, fM and LP can be interchanged as
appropriate.
3. EAST, WEST, NORTH and SOUTH (or abbreviations E, W, N and S) can
be interchanged as appropriate.
4. Highway names and numbers rep(ocea as appropriate.
5. ROAD, HIGHWAY and FREEWAY can be interchanged as needed.
fi. AHEAD may be used instead of distances If necessary.
7. FT and M1, MILE and MILES interchanged as appropriate.
8. AT, BEFORE and PAST interchanged as needed.
9. Distances pr AHEAD can be eliminated from the message if a
location prase is used.
PCMS SIGNS WITHIN THE R.O.W. SHALL BE BEHIND GUARDRAIL OR
CONCRETE BARRIER OR SHALL HAVE A MINIMUM OF FOUR (4)
PLASTIC DRUMS PLACED PERPENDICULAR TO TRAFFIC ON THE
UPSTREAM SIDE OF THE PCMS, WHEN EXPOSED TO ONE DIRECTION
OF TRAFFIC. WHEN EXPOSED TO TWO WAY TRAFFIC, THE FOUR DRUMS
SHOULD BE PLACED WITH ONE DRUM AT EACH OF THE FOUR CORNERS OF THE UNIT.
FULL MATRIX PCMS SIGNS
I. When Full Matrix PCMS signs ore used, the character height and legibility/visibility requirements shall be maintained as listed in Note 15 under
m'PORTABLE
CHANGEABLE MESSAGE SIGNS' ove.
2. When SyaodI signs, such as the 'Flogger Synbol'(CW20-T) are represented graphically an the Full Matrix PCMS sign and, with the approval of the Engineer, it
snail me intain the legibility/visibility requirement listed above.
3. When symbol signs are represented graphically on the Full Matrix PCMS, they shall only Supplement the use of the static sign represented, and shall not substitute
for, or replace that sign.
4. A full nwIrix PCMS may be used to simulate a flashing arrow board provided it meets the visibility, flosh rate and dimming requirements on BC(71, for the
same size arrow.
Texas Department of 7Yansportatfon
BARRICADE AND CONSTRUCTION
PORTABLE CHANGEABLE
MESSAGE SIGN (PCMS)
I BC (6) -21
GENERAL NOTES
1. for long term stationary work zones on freeways, drums shall be used os
the primary chadelizing device.
2. for intermediate term stationary work zones on freeways, drums mould be
CC used as the primary channel izing device but may be replaced in tongent
O sections by vertical Danals, ar 42' two-piece cones. In tangent sections,
one-piece cones may be used wltn the or of the Engineer but Only
if
personnel ore present. on the project at all times to ma into 1n the
ones in prop¢( position m0 IacOtion.
3. for she term stationary work zones an freeways, drums we the preferred
channel;zing device but my be replaced in topers, transitions and tangent
�'� sections by vertical Darrel s, two-piece cones or one-piece canes as
EE the
zF approved by Engineer.
O 4. Or- and all related Items shall comply with the requirements of its
current veils;an of the 'Texas Manual an Uniform Traffic Control Oevices'
(TWTCD) ono the 'C" iont Work Zone Traffic Control Devices List'
(CWZTCD).
R� 5. Drums, bases, and relotea materials shah l exhibit good workmanship and
U9 shahI be free from objectiMOble marks M defects that would adversely
affect their appearance or serviceability.
6. The Contractor Mall nave a IlaxilMl of 24 Wars f0 replace any plastic
d drums inentified for replacement by the Engineer/Inspector. The rep lace-
€g ment device must be an approved device-
a� GENERAL DESIGN REQUIREMENTS
Pre - quo 1if ied Dl ast ie drum snail meet the to I bill Fit fequ 1fements:
1. Plastic drnmS shall be a two-piece design; the -body' of the drum mall
be the top part ion MO the -base' shall be the bottom,
2. The body and base mall lock together in Such a manner that the body
separates from the base when imiocted by a vehicle traveling of a speed
of 20 MPH or greater but prevents accidental separation due to normal
handling Md/ar air turbulence created by passing vehicles.
7. Plastic drum shall be constructed of I;gntweignt flexible, and
deformable materiols. The Contractor shall NOT use refol drams or
single piece plastic Mum as channelization devices or sign supports.
4. Drum mall present o profile that is a minimum of 18 inches in r;dth
ago at the 36 inch height Men viewed from my direction. The height of
Mum unii (body installed M base) Mal be a minimum of 36 inches and
mog a moxrl imof 42 inches.
S. The top of the drum Mal I have a Dui It -in handle for cosy pickup and
L uv° small be designed to Groin toter and not collect debris. The handle
a snail have a minimum of two widely spaced 9/I6 inch di cooler hales to
19�c ollow attachment of a warning light, warning reflector unit or approved
cpli Mt msigh.
6. The exterior of the drum body shall have a minimum of fo(r alternating
Mange and white retroreflective circumferential stripes not less trim
4 inches nor treater than 8 inches in width. Any non-reflectorized
y space between my two adjacent stripes shall not exceed 2 inches in
Wig% rI In.
T. Bases Mall have a maximum width of 36 inches, a maximum height of 4
inches, and a minimum of two fmihalds of sufficient size to allow base
to be held down Mile separating the drum body from the base.
8. Plastic drum shall be constructed of ultra -violet stabilized, orange,
high -density polyethylene (HOPE) or ocher opprovea material.
9. Drum Dory Moll hove a maximum tnbol lasted weight of 11 lbs.
IO.Orum and base Mal be marked with manufacturer's home and model number.
RETROREFLECTIVE SHEETING
I. The stripes used an drums anal) be constructed of Sheeting meeting the
cal or and retroreflectivity requi'-his of Deporimmentel Materials
Specification gMS-.300, 'SI gn Foe. Materials.- Type A or Type B
reflective sheeting Shall as supDl led unless otherwise specified
I the PI Ms.
2. The w shesling shall be ,,liable for u and sholl adhere to the drum
foe¢ s nat, pan vehicular impact^ the Meeting shall f
,meted incDt s
loce and exhibit ro all minatin0. cracking. O mon f
chef l eciivity other than that loss due to ae,os;m ofmeMeeting
surface.
BALLAST
1. Maul lasted bases shop be large enough to fp I up to 50 nos. of sad.
This Dose, when filled with the ballast material, Macula weigh between
35 Ibs Iminimm) Md 50 IDS ofgximm). The bal lost may be Send in we
to three sandbags separate from the base, surd in a sand-fi l led plastic
base, or other ballasting devices as approved by the Engineer. stacking
of s'do"' will be allowed, however height of sandbags above povawnt
surface may not exceed 12 inches.
2. Bases wiin built-in ballast Mall weigh between 40 Ills. and SO Ibs.
Bu;It-in ballast can be constructed of an integral crumb rubber base or
a solid rubber base.
3. Recycled truck tire side"IIS may be used for ballast Onarum approved
far this type of as 11 ost M the CWZTCD list.
4. Tne ballast Mall not be heavy objects, water, or My material that
round became nazmdous 1011otorists. pedestrians, or workers Men the
drum is struck by a vehicle.
5. When used in regi Ms susceptible to freezing, drums snap nave drainage
holes in the bottms so that water IT I rot collect and freeze Deeming
a hazard when struck by a vehicle.
6. Bol last shall flat be placed on top of drum.
7. Adhesives may be used to secure base of drums to pavement.
Detectable
9/I6' aid. (typl
for mounting
signs and
arning Hants
Each arum shall have
mnun of 2 orange
and 2mwhite stripes
using Type A or Type B
retroreflective
meeting with the
top stripe being
mge.
Toper to allow
ostacking a
minimum of 5 JJ ` See Ballast
arum JJJ J I l \ Note 3
This detail is not intended
for fabrication. See note 3
2' Max.
DETECTABLE PEDESTRIAN BARRICADES
1. When existing dedestrion foe ;lilies are disrupted, closed, or
d:,eaten i a TTC z , ins temporary facilities moll as
eel -le ana d inc ludeaccessibility features con ;,tent .;in
In. feature, Present in the existing bew3tr;an facility. Refer
o WZIBTS-2, far PeaestriOn CMirol requirements for Sidewalk
Diver,iw,, Sidewalk Oeloufs ma Cro,swo I CIOeufe S.
2. where pedestrians with v ual diamllilies n molly use the
'lased „de walk, a Detectable Pldeslrian Barricade shall be
placed a s the full wi din of the closed sidewalk instead
Of a Typer3s1,11;coos.
3. Detectable cedestr;m barricades similar to the one pictured
above, longitudinal channelizing device,, s rele
barriers, and woad or chain Iink fencing with o
adefecloOle edging Cm satisfactorily delineate apedestrian
paln.
4. Tape, race, or plastic chainmg Dean de
aeteCiOO le, ao n Comply .!inthedesign si Mdards ore
¢met
'Mar;CMS with DiSOD;l;ties Act Accessibility Guidelines
IAOAAG)' and ,noula not be used as a Control far pedestrian
¢anent..
5. Warning Monts shall net be attached to detectable Dece-1M
barricaded.
6. Detectable pedestrian barricades should u s B' n nal barricade
ails o anown M BC110) provided inat the top rail provides
mooch continuous rail suitable far nand ira;ling with no
Splinters, burr,, or sharp edges.
11" z 24' Sign
Maz imam Sign Dimension) vertical Panel
Chevron DWI -8, Opposing Traffic Lane mount with diagonals
Divider, Driveway sign DTOa, Keep Right sloping down towards
R4 Series or other signs as approved travel way
by Engineer
Plywood, Aluminum or Metal sign
substrates shall NOT be used on
plastic drums
SIGNS, CHEVRONS, AND VERTICAL PANELS MOUNTED
ON PLASTIC DRUMS
1. Signs used an plastic drum shall be mlonUfOctured using
substrates listed M the CWZTCD.
2. Chavrm9 and other work zone signs with an orange background
$noI I be manufactured w;to Type Bfl or Type C,n Orange
sheeting meeting the color Ma retroreflectivity requirements
of OMS-8300, 'Sign Face Material,' unless otherwise
specified in the pi Ms.
3. Vertical Panels Shall be manufactured with ormae and Mite
sheeting meeting the requirements of DUS-8300 Type A or Ty ce B.
Oiagmol Sir;pes an Vertical Panels shall slope down toward
the intended traveled lone.
4. Other sign messages (text or symbol let may be used as
approved by the Engineer. Sion dimensions shall not exceed
18
inches In width or 24 inches in height, except for the R9
series signs discussed in note 8 below.
S. Signs shall be installed using a 1/2 inch bolt lnmninail
Md mutt two washers, and me looking washer for each
cannect 1 an.
6. Mounting boll and nuts shall be fully engaged and
adequately torqued. Bolls Mould .1 extend more than 112
inch beyond nuts.
T. Chevrons may be placed on nuns on the outside of curves,
on merging topers 0r an Shifting tapers. Wren used in these
locations, they may be placed M every arum or spaced not
more than an every third drum. A mini mum of three (3)
Should be used at each location called for in the plans.
8. 119-9, R9-10, R9-I1 and R9-lla Sidewalk Closed signs which
we 24 inmeS ride may be mounted an plastic drums, with
approval of the Engineer.
Department of 7tansportatfon
BARRICADE AND CONSTRUCTION
CHANNELIZING DEVICES
I BC (8) -21
Tri Aggieland Triathlon Race
Date: March 3rd, 2024
Location: Lake Bryan
Description: Tri Aggieland will be a sprint triathlon in support of the Texas A&M Triathlon Team.
It will consist of a 400-meter swim, 12-mile bike ride, and 3-mile run. The swim and run will be
completely contained within the park. Police and volunteers will monitor the bike route, which is
displayed in the traffic control plan.
Contact: Sophie Mullens, 512-484-8056, sophiemullensUtamu.edu
Lake Bryan Contact: Will Brownlow, 979-821-5753, wbrownlow@btutilities.com
CONTINGENCY PLAN
1. Weather -related Issues: rain, severe storms, tornadoes etc:
• If bad weather is forecasted, will the event be canceled? If so, how will
attendees be notified?
If there is severe weather, the event will be canceled and participants will
be notified via email.
• Develop a plan for the sudden onset of severe weather. Where will people
go, and who is designated to assist in their successful arrival at the safe
refuge place?
o People will be directed to the bathrooms or vehicles. Reed Mulloy, our
safety coordinator, will direct and ensure arrival.
• Is there an area of safe refuge In case of a tornado?
o The bathrooms will be available
2. Medical Issues:
• Where will the ambulance access to the event in case Is needed?
o Yes
• Who will conduct crowd control in the event of an emergency?
o Law enforcement will be on site
• Will a first aid station with a trained first aid provider, be designated
at the event? Where? How will patient be moved to booth?
o EMS will be located near the finish line area with the necessary
equipment to provide medical care. EMS will be provided by Texas
A&M University. Volunteers and medical staff will help transport
patients.
• If applicable, Is there adequate shade to prevent heat stroke? Will water be
provided? Where?
o N/A high projected is 70 degrees
• Who will man barricades?
o There will be several volunteers monitoring the barricaded areas
• Who will work entree gates? Maintain egress and access?
o Volunteers will monitor entry and exit
3. Security:
• If volunteers or private agencies provide security, will they have
appropriate phone numbers for EMS, Fire and Police?
o EMS and Police will be on site
• Provide communications equipment. Portable radios, cell phones access to
land lines.
o Cell phones will be used for communication
4. Event Logistics:
• Where will there be, or will there be a staging area for support staff?
o Staff will meet near the transition area
• What time will the crowd be dispersed?
o Race will start at 7:30 am
• REMEMBER TO MAINTAIN FIRE LANES AND ACCESS ROADS (20 ft.
clearance)
• Appoint one person to oversee and take responsibility for the event.
Who? Where located? How to contact DURING event?
o Sophie Mullens will be the main point of contact during the event
and will be located in the start/finish/transition area. Cell phone will
be used for contact during the event.
AMFN DM-tN C #6 TO. 24-0@8R PIEST-CON'pROL1 SERVICES POI'-BRAZ6S- sErd UNTY -
f TES AMENI<DMENT TO:24-008R also kno.Wn--.as 21=008 and 23-002i1.8.Pest Coiotrei-Services for
Brazos:Cotaietg� (``�tsnendnient") is entered into and effeetiye this .lath. day of February 2024 t`Effective -Date"} - :
through _September 30;,2024 ("Bxpiratiori Date") by.ind between Rraaos �ouOty ("Ciistot i6e'}, and-ARl tar Pest
- Control (j�l rovider") each of which'nnay alteimatiyely be referred to herein as a "Party" and collectively as the
j °iParties"...�All aapitaiized tei7h9jn.this Amendment-shali1ave�#he same meanpig.as in the Agreemenf(as de#ined-
j-
f R E. C IzT A .L S' .
WHEREAS, the -Parties entered.: into that -certain original -contract# 21-:008. ("Agreement='} for purposes
`of Allstar Pest -Control to.provide of the sery a for Pesf Control -Services. for.Brazos County; and. '
WHEREAS, the•Parties desire to amend. the pricing as set forth in original contract# 21-008.-.
AG-REiEME.hlT
NOW"THEREFORE; iti considehition.of the -above premises; and dther.good and valuable consideration,
the receipt and" sufTcieticy of which - are hdrpby-acknoiiikdged, the Patiies� hereto agree to airiei d the Agreement.
�� � .. as foltor�s�
l: Adding `l ieatment/lyiainteitance of Termites fdt Facilitie' Services Building at 2i16'Nvrtli Washington .
Ave: Initial treatniatit will be $3782.50-ivith.an-annual renewal-iiiaintenance-for-$495:00 pet year.
..'IN WITNESS WM REOF$ the :parties-.hereto.bave- caused: this Am' endment to be signed by" their"
i -authorized ,representatives :as of the -Effective Date.. This -Amendment may be -executed: in counterparts, aI1 of
j which taken together shall constitute -one instrument. -Electronic or facsimile signatures are -acceptable forrns, of -
:exeoutioii - o Amendment_ and shall be binding on all Parties hereto.
= ->B C 11NTY : ALLS'TAR PEST CONTROL
Si afore= 'SigMur, �, ` .. .
X Same
;y uu7Ywar� :. C�t,�l�
Title Title.
.Date Date
_..-�.
:. TERMITE SERVICE- AGREEMENT,
Does NWProtect'A ainst Formasan:Yermites
fA6lstar-Pest Umtr®6 :: = DATE.IV2712s
8899 Greenb�ancfi Loop. Bryan,•TX-77 08 ,
�. $79-9T7-T626 Bait vif®od i reatmerlt. Liquid
TPCL: TPCL 13672
SERVICE ADDRESS BILLING ADDRESS
Name tTe appear on Guarantee) Name (Agent) .
` FacBftY Sonices' I. Facility Sefvlceg ' -
I Address (To appear an Guar ntee) (i'reated ?remises) - .Address
j na Not'th Washington Ave . -206 North .Washingfoli" Ave -
Buan I Bryan
State tig State Tip
TX 77863 TX
Home Ph_ = `Btsiness Ph.� "Home Ph. - Business Ph."' '
SERVICES: -Yob are hereby'autbortzed to treae premisets) described above for the following:
:jS Subterranean Termites.. Other (Structural Modifications) as shown in the graph and specifications sheet attached. - -
Powder Post Beetles hiereto.
Wood Decay Fungus
{
My guarantee will cover the*above described premise(s) fora period of one year and will be subject'to gerterai terms and"cortd•Itioh as
enumerated on reverse side.
RENEWAL: This agreement may bg renewed upon the i6 tuai aci a roe_ ni. of the Purchaser and Allstar Pest_- Control and receipt of the annual renewal
fee of $495.00 on or before the end: of the previous service"period.
If this agreement is renewed, Aflstae. Pest Condol will conduct periodic inspections (approximi ately annually) and provide additional treatment deemed
necessary-by,Aftkar Pest Contral at no"additlonN cost. The renewal fee ll remain cdnstant for 4 (fodr):renewal periods, after the original contract term.
Alistar Pest:Control'reseNes the right trl adju�st'the annual renewal -fee after the first reneival and every year thereafter. -This agreement may be
terminated by"either party for any reason at the end of ally I (one) year peflo_ d and may he renewed attar, the 5'(fivel year term with additlonal treatment.
.. cm 4&1n
IMPORTANT: fha've read the explanation of th'e
Guarantee to be -
Issued; inctttdirig Erie`limitations'and.restrictioris.otr-tire
Gtiarantee
contained on the.back'ofthis page. The attacfied'graph,
specificatiorts and back of-this-Agreentent cd
' . important
prdvislops which are part of this Agreement
Initial
FXCEPTIOdfOR EAERGEM SERVICE
The buyer agrees that emergency treatment made
prior to or at the
time of this agreement will be paid for in fall, Such
emergency ' '
treatment is not subject to the'rioticz'ofcam&a
ion. (See Notke to %
ACCEPTANCE OF EMERGENCY TREATiMEUT BY:
"
The cost of this treatmellt-shall' be as follows:::.'
initial Charge , "--
..5-3782.50 .:: •
Sales Tax ..
t 0
i`OTAL .
$ 378150
LessD -
0 CASH 0 CHECK #
M CREDIT CARE),
tia)ance iJuz ::`• :.: -
" 5.
"MOD OF PALMENT:
niCASH.;- CHECK. OTHER
CC!TYPE
0 CREDIT CARD AM. CODE
AfAOUNT
CARD* ' EXP- DATE
CHARGED' .
Buyer's:lAgeniSigaarwre: .Date:: - ooa0000a000a000a
Upon receipt, of full -payment as Retreai~rttent Only.
Indicated Allstar--Pest-Contro) is -
to.. ,
Allstar;Red Contra . ; initiate the following type warranty. No Guaratltee
. Bilfy Hoyt
..Approved ei v.-
WHY Hoyt '.
Tech Ucense 6:0559989
.Late•Chairge- Any accadrtt 30 days past due vnlf be assessed a late fee eyuaf to 1.75% afoUstariang balances as of date afcfosing each month Anyaccount sMy (60) days past'
doe, Altstar Pest. Control reseives the right tb cancel th accadntand place the account in the hands of an attorney for cullectfon'or suit Owner agrees to pay the attotitey s fees
paid oa• inctirred.
Notlee to Buyer. You may cancel this transaction at any 1 ame prior to midrdght of the third business day afterthe date atW5 transaction. See attached Notice of Cancellation far
an explanation of this righC
Licensed and Regulated By: Taxas Oepattment Of Agriculture
• P.O. Box 12847. Austin, TX 78711.2847
Phone (B66) 9184481, fax MOW 232-2567
., AlAar. Pest Control
;. 8899 Greenbfanch Loop; Bryan,l 77808
979=977-I626 '
t PCLs TPGi.13672
REYRgAtMEiAt 01fLY-GUARAfffEE'(SEE-FRONT- F"OR TYPE OF GUARAMTEE TO -BE ISSUED) .
Subject to any limitations or restrictions -set forth in the Grap(r and Specifications, acid io life G.enerai Terms and Conditions below; Alistar Pest
Control MH put into effect a Retreatmerit Guarantee which ob[Igates AItstar test Cortical at no extra cost to -me. to apply any necessary .
additional M' — tinent to my buifdirsg,lf an infestationof Subterranean Terriiites is fountf adring the:effective period of my guarantee:l understand
that Alistar Pest Con4rof obligations under this guarantee is limited to reteeatmebt only: I expressly release-Alistar Pest Controi from any
- ublfgations to repair ariy.darrge' to "structure or its contents caused by an infestation of Subterranean Termites. This Guarantee expressly
I exciudes•PormosanTermites.
GEMERALTERM$:.
1.. It is 4ee8 that under this contract Alistar. Pest Control is not responsible for the repair of visible damage existing as of the'date of this
m. .
contract except as such daage: is described on tfi2_Graph and Specifications and for which a specific charge for the repair of same is made. It is
possibtethat darilage may as of.the date of this.cahtract; exist in unexposed areas -of the structure_ orin areas which are-inaccessibie to visual
Inspection- For ibis reason, Alistar Pest conrrct cannot guarantee that the damage disclosed by visual inspeition of the premises (and which are.
indicated on the Graph and Specifications) represerits_the entiret}r of "damage which may exist as of the date of initial treatment. It is 'specifically .
understood, fhereforerthaf Alistair Pest Control shall not be responsible forthe repair of any damage whicii-existed.in areas or in structural ,
members which were not accessible for visual inspediion as Of the date of this contract= . -
2. Structural and mechanical defects, which result in water leakage in ihierior_areas or thrdugh the roof or eittefior wall of the premises may- '
destroy the effectiveness of AlistairPest Control treatment, thereby permitting infestation to. continue after the date of the initial treatment. If
such a cons itloii is discovered, it Is agfeed that -the customer will be responsible for making such repairs as are necessary to Correct -the structural "
or mechanical defect and-Aflstar Pest Control will; upon completion of said -repair, -provide a dditionaltreatrtie_nt deemed'necessa'ry to.control the
infestation in the. area.
1. Any claim for breach of any guarantee shag he made in venting to Alistair Pest Control: No suit shall He hereunder unless the kovisfons of
paragraph 4 have been complied with and unless brought within one yeas• after -the making of said written demand.
4. [agree that AUstar Pest Crsntrolbbflgatlons under this agreement and my guarantee shalt be canceled if Alistair Pest Control cannot
perform its rQspoiuibilities because of ads of W whether declared or undeclared; acts of any duly'constiEuted government authority, seizure,
riots, Civil conimotions, "Strikes or other labor disputes, fires, floods, storms; explosions, acts of God, failure of supplies from ordinary sources, lack of
usual means oftrarisportatfoii, iriy failure to allow {tlfstar Pest C6 tro( access to my building for any purpose, specifically including reinspection,
Whether thexeigspecliori was required by me or. by Alistar Pest Cantrol'or any other reason beyond Alistair Pest Controt's control.
S. This agreement covers the-premfses diagrammed on the aftathed Graph and Specifications a_ s of the date of actual treatment, and in the . .
•event the premises'are sttucturally m6dMed,-alt&6d or otherwch ise anged.after-the date of initial treatment; this agreement shalt terminate unless
a "p.nor.wriften agreement shall have been entered intobety+een the owner and Alist it Pes controi to reinspect the premises, provide additional .
treatment and%or adjust�-the anfival renewal fee.
'-G..It is understood-and-agieed between the parties that this contract, the attached Graph and Specifications and the Guarantee constitute the
complete agreement between the parties and that said agreement -may not be changed oraitered in any manner, oral or otherwise by any
represahtative ofA1ts4ar Pest Control unless id eration'or change be to writing acid execiitedby_ a cdrporafe-officer-of Afistair Pest Control `
7:.It is understood. and agreed between the parties that any guarantee "issued puisuafit to this contract is subject to the limitations and
restrictions, if any, set forth in the Graphand Specifications.
8, it is specifically understood and agreed. that Allstar Pest Control and the buyer are bound only by.the terms and conditions of this
agreement and not by any other representations,-aridt or otherwise.
9. If mq building has any moisture "or structural conditions, which support Subterranean Termites after Alistar Pest Coritrol's initial treatment
under thfs.agreement; then l agree not to bold AiliYar.Pest Control responsible for any damage repairs.
1 . 10, Upon receipt of full payment, AtlstarPest CoMrat Will put into effect the type guarantee noted oh front side. My guarantee wilt cover the
structu"res-described in the attached. giapti(s) upon full payment of initial charges for treatment'and.aoy refaced. services. My guarantee may .
'become effective for 5 years as tong as t pay. my annual renewal fee on or before each anniversary effective date. After 5,years it will be my option
to pay'Allstar Pest Co-itrol•tti fetreat.my structure(s) onto drop my guarantee. -Should t decide to have my structures) treated by_Aflstae Pest
Control, "my neiv guarantee maybecome effective for another 5 years as long asl pay my annual renevial fee on or before my rev+ anniversary
date.
.11. Access to Property:, Purchaser agrees to allow Alistar Peso Control direct access to the premises as deemed necessary by Alistar Pest
Control fori nsgection, treatment or -any other -purpose contemplated by this agreement. Purchaser, shall be solely responsible for the full cost to
remove and replace any floor coverings, raised hardwood flooring, -wall coverings, artificial ceilings; decljporch flooring and staircases or other
stnuctural features which provide direct access by'Aflstar Pest' Control. if Purchaser Nis to abide by these conditions, then Alistar Pest Control.
-shalt have .the right to terminate this agreement immediately: .
12- Chemical Sensitivity: Alistar Pest Control applies all chemicals according to the manufacturers' instructions, however if anyone
-entering the preniKes is sensitive to chemicals or chemical odors, Alistar Pest Control recommends that you contact a physician priorto
treatment AllOar Pest Corifrof shall_ have no nobility for side effects 'caused "by chemicals or chemieaf odors.
THIS CdR1TRACT EXPRESSLY EXCLUDES FORMOSAP1 "TERMITES.:
j Licensed and Regulated By: Texas Depacanent Of AgAcufture
P.O: Box 12847. Austin, Tx 787.11-2847
m6ne (866) 928-448I: Fax (888) 232-2567
24-008R Pest Control Services, also known as 21-008 and 23-002R
Amendment# 6 Tabulation
October 1, 2023 - September 30, 2024
Allstar Pest Control
1
Brazos County Courthouse
$90.00
2
Tax Office
$35.00
3
Facility Services
$35.00
4
Health Department
$30.00
5
Adult Probation / Annex Building
$35.00
6
Brazos Center / Museum
$65.00
7
Arena Hal
$30.00
8
Agricultural Extension Building
$30.00
9
New Agricultural Extension Building
$45.00
10
Road & Bridge Buildings
$30.00
11
Brazos County Detention Facility to include Gnat Control
$240.00
12
Juvenile Justice / Detention Center
$90.00
13
Brazos County Administration Building
$40.00
14
Sheriffs Office Administration Building
$30.00
15
Maxwell Bulding / IT Building
$35.00
16
Exposition Center
$95.00
17
Brazos County Storage / Anderson Street
$25.00
18
Justice of the Peace Pct. 3
$30.00
19
low Risk Facility
$35.00
20
Old MHMR Building
$35.00
21
Election's Office/ Employee Health Clinic
$30.00
22
Boonville Heritage Park (Main Cabin, Courthouse, Lodge, Restrooms, &
Smokehouse
$45.00
23
Facility Services (Hwy 21 Location)
$30.00
24
Fleet
$30.00
25 BISD Building
$75.00
26 Constable/JP Pct 1
$35.00
Booneville Heritage Park Termite Treatment (Main Cabin and three small
27 cabins)
$300.00
28 Facilities Services Termite Treatment Maintenance
$495.00
TOTAL
$2,120.00
29
8ed Bug Spray- Per Cell (Detention Centers Only) -As needed basis
$100.00 per Cell
30
Facilities Services Initial Termite Treatment
$3,782.50
RECOMMEND AWARD TO: AIIStar Pest Control
Appro�ved� yb JCommissioneesgC rt on this E J day of ��� 2024 b1 �
holding the position of 1 VaQ2)E
iv
PEST CONTROL SERVICES
CONTRACT
LZOS COUNTY PURCHASING DEPT.
S. Texas Ave., Ste. 352 Contract No. 21-008
in, Texas 77803--Page-1 of-9-Pages
:phone (979) 3614292
l GENERAL: REOUIREM —NT -FOR-C-ONTRACT
t� OV4 as a duly authorized representative of fil 15�kt Ne64—
L'icontractoe,'winingiy attest to perform (or deliver) as per Exhibit A for Brazos County.
-further agree- to all -of the -provisions and -specifications -contained -in -this -contract.
TERM:
The term of this contract will be for two (2) years, with the option to renew with three (3)
additional-one-(-I-)-year-periods.
e successful offeror may not assign, sell or otherwise transfer this contract without written permission
Brazos -County -Commissioners -Court. Should -there -be a- change -in - ownership- or -management; -the
itract shall be terminated unless a mutual agreement is reached with the new owner or manager to
itinue-the•eontract with -its -present -provisions and prices.
.WARD
razos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
;cordance-with-the.laws- of the State -of Texas, -to -waive any -formality- or -irregularity, -to make awards -to
tore than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
r-in-whole, any IQs-submitted, and -to waive any -technicalities -for -the -best interest ofthe-County.
DDERS RESPONSIBILITY
is the bidder's sole responsibility to print and review all pages of the bid document, attachments,
estions-and-responses, addenda, and -special notices. The -Certification of Bid -Form- must be -completed
include full firm name, mailing address, telephone number, email address, Vendor Tax Identification
mber and signed by an authorized representative of the firm. Failure to provide signature on the
.rtification-of-Bid Form renders bid non -responsive: -Failure -to complete -the-submission of all -required
ms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form,
testionnaires (when applicable), Addenda (including revised forms), and any other specified forms or
euments- may be- grounds -for-rejection- of -entire -bid: By submitting a -response -to- this- solicitation, -the
ider agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos
►unty the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended
extended contract. Visit-https://ethics.state:tx;us/whatsnew/elf_info --fonm-12951tm -for -more -
ormation. In the event of a needed change in the specifications sent to the bidder, it is understood that
•the -foregoing - terms- shall- apply to -the addendum -or addenda.
i
Contract No. 21-008
�BRAZOSTOUNTY, TEXAS Page 2-of-9 Pages
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- befor&-it- becomes -binding -on
,Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
iCounty. 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.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price -escalations -shall -not -be accepted and -shall -be -considered a -non -response.
HOLD HAR.IVILESS 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'sliability 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
Contractor assumes all risk for its agents, employees, and guests arising out of, or related to, their
exposure to other human beings and/or animals for the spread of illness or disease, including but not
limited -to -germs, -viruses, bacteria, and -other -infective-or -illness -causing agents, and -shall indemnify,
defend, and hold Contract harmless for any such exposure.
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
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-maybe-treated as a•new-facility and the -procedures -provided -for
in -this -section -may -be -followed •in -determining an appropriate -price.
W
Contract No. 21-008
COUNTY, TEXAS Page 3-of 9 Pages
the event Brazos County wishes to add other locations to a group under the contract, a quotation will
solicited from the incumbent contractor in good standing for the group in which the new location is
the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
rich the contract applies, all existing contracts for services applicable to such location, the portion of
s -contract-that applies to such locations -is -terminated. All remaining portions •of -the -contract -will
rain intact. Brazos County will endeavor to give the contractor written notice of such termination of
.ations a minimum- of thirty- (30)•days-in advance.
DICES & PAYMENTS
cents to contractors will not be made if the contractor cannot produce a Brazos County Purchase
r. Contractor shall submit an -original -invoice on each purchase -order -or purchase -release after
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which
)t be verified by the contract price and/or is otherwise incorrect, shall be corrected by the
actor. Brazos County will- only be- required• to- pay for materials actually received and/or -services
Ily provided. Brazos County shall not be required to pay for materials or services described in the
act that are not used or provided by the contractor in completion of the contract. This term
sedes any -contradicting -terms throughout -the -contract and/or any attachments.
multiple deliveries and/or services are required, the contractor may invoice following each
ry or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
t of invoice: Contracts providing for a monthly -charge will -be billed and -paid -on a -monthly -basis
The contractor will provide an invoice for each month in which Brazos County is responsible for
,nt, during the duration of the contract. Prior to any and all payments made for goods and/or
-s -provided -under -this contract, -the contractor -should provide -their Taxpayer -Identification
er or Social Security number as applicable. This information must be on file with Brazos County
ir's office. Failure to provide this information may result in a delay in payment and/or back-up
►Iding-as required. by -the -Internal -Revenue Service.
;es for all goods and/or services shall be firm for the duration of this contract and shall be stated on
-Pricing/Delivery -Information •form. Prices -shall -be -all-inclusive: No -price changes; additions, -or
isequent qualifications will be honored during the course of the contract. All prices must be
tten in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
paid -by the -contractor and included -in -the -bid prices. If there are any additional• charges- of any -kind,
-r than those mentioned above, specified or unspecified, offeror MUST indicate the items required
attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
;ing-differ,-unit-pricing prevails:
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
•equest•to-Brazos•County•Purchasing Agent.
`IKXA-9
Contract No. 21-008
Page4-of9 Pages
1VERNING FORMS
the event of any conflict of interpretation of any part of this overall contract, Brazos County's
,rpretation- shall -govern: In -the -event of a- conflict between- the -terms, conditions, provisions, and
,cifications of this contract and any other terms, conditions, provisions, and specifications provided by
-contractor; •the -terms -of -this -contract -shall -supersede.
)VERNING LAW AND VENUE
is bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding
luirements of the- County Purchasing- Act, Texas -Local -Government -Code, -§262 021 -et -seq., as
tended. Offerors shall comply with all applicable federal, state and local laws and regulations.
feror is further advised that these requirements shall be fully govemed by the laws of the State of
xas and -that -Brazos County may request- and •rely -on advice, --decisions and opinions --of-the Attorney
,neral of Texas and Brazos County Attorney concerning and portion of these requirements. Potential
odors are advised they may have disclosure requirement pursuant to Texas Local Government Code,
apter- 1.76: -This law -requires persons desiring to-do. business with -the -County to -disclose any gifts -that
ve an aggregate value in excess of $250.00 given to any employee of the County, County Official to
County Official's family members or employment of any employee of the County, County Official
the -County- Officialls-family-member-s- during -the -preceding -twelve -(1 -2) -month-period. The -disclosure -
estionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
apter 176 for the details of this law. Bidder understands that Brazos County is: a government subject
Texas -State- and -Federal -public-- information- statutes. Venue-shall-lie--exclusively-in-Brazos-County,
xas, notwithstanding anything to the contrary.
n signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
.os County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
ness and- Commerce -Code- §15-.01, -et- seq., as amended-, or the- federal antitrust -laws, and has -not
municated directly or indirectly the bid made to any competitor or any other person engaged in such
of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
>fferors. -Bids in -which -the -prices- are -obviously -unbalanced -may -.be -rejected. -Requests -to -withdraw -a -
aitted bid or proposal are subject to the approval of the Purchasing Agent.
any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
;cifications shall be held invalid, such holding shall not affect the remaining portions of these
luirements and -the -specifications and -it -is -hereby -declared -that--such,remaining -portions -would -have
,n included in these requirements and the specifications as though the invalid portion had been
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description -concerning any -point, -shall -be -regarded as -meaning that -only -the -best- commercial -practice -is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall -be -new, unused -of the -latest product in -production -to -commercial -trade and -shall -be -of
Contract No. 21-008
COUNTY, TEJAS Page-S-of-9 Pages -
highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
erienced- in- design- and- construction- of such -items and- shall- be- an= established= supplier- of the -item --bid;
MMATION
;os County reserves the right to terminate the contract for default if offeror breaches any of the terms
an; -including- warranties of offeror- or if the- offeror becomes insolvent or commits acts of
suptcy. Such right of termination is in addition to and not in lieu of any other remedies which
os County may have in law or equity. Default may be construed as, but not limited to, failure to
,er -the 'proper -goods and/or services within 'the'proper amount' of time, and/or'to properly perform
and all services required to Brazos County's satisfaction and/or to meet all other obligations and
irements. Brazos County may terminate the contract without cause upon thirty (30) days written
LICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
NTRACTOR'S INSURANCE
contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
uance or other acceptable evidence from a reputable insurance company or companies with an A.M.
t Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in
state of Texas, showing that the contractor is covered by the insurance as follows:
Statutory .Workers. Compensation .Insurance with Employers .Liability Insurance .in .the amount .of
$1,000,000. In the event any work is sublet, the contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of -the -subcontractor. Waiver-of-subrogation-is-required.-(T-LC Sec..40.1:011)
Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage- for acts- of independent contractors, and -shall -name -Brazos -County as an additional
insured. Waiver of subrogation is required. No claims made policies will be acceptable without
prior- approval-by-the-Commissioners-Court/Risk-Management.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
-propelled -vehicles -used -in- connection -with -the -contract, -whether- owned,- non -owned- or -hired.
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.
MMATIONS
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;
Contract No. 21-008
BRAZOS COUNTY; TEXAS Pagw6of9-Pages-
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.
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 DEMNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and- volunteers as a. result of its execution- of this 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.
shall be mailed to the addresses designated herein or as may be designated in writing by the
from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
ng-addresses:
BRAZOSCOUNTY:
Brazos County, Texas
Duane -Peters, Brazos CountyJudge-
200 South Texas Avenue, Suite 332
Bryan; Texas 77803-
CONTRACTOR:
Sales Contact Name: Phone Number:
R O N M-A u �- 4-7A - a-,14
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.
COUNTY; TEXAS
Contract No. 21-008
Page-Tof9-Pages-
[IRE CONTRACT
contract represents the entire and integrated agreement between Brazos County and the contractor
supersedes all prior negotiations, representations, or contracts, either written- or oral: This contract
only be amended by written instrument approved and executed by the parties.
AYAILABMITY 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 anytime -period required -by state -or federal -law. If changes occur in-the-goveming-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 J, 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
byappropriate-federal;-state-or- local -audit directly-related-to-the-provision-ofthis 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- L- aw� 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.
Contract No. 21-008
COUNTY, TEXAS Page-8 of9'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- irk this transaction. and- have not been- subjected- to- suspension; debarment; or
similar ineligibility determined by any federal, 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 1-3224.
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:
L Does not boycott Israel- currently: and-
2. 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
taking 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 air Israeli -control -led -
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
Authorized -Company
Contract #: SIT ( - D DR
c
Contract No. 21-008
ZOS-COUNTT-Y i TEXAS- -Page-9-of 9=Pages
,TIFICATION OF BID
undersigned further affirms the non -debarment statement above, that they are `duly authorized
ate-this-contract;-that-this-bid-has•not been- prepared- in- collusion -with -any othervendor, -and-that:the
:nts of this bid have not been communicated to any other vendor prior to the official opening of this
Signed By: I.UVUV J
Tvned-Name: �% ) i
Company Name:
Email -Address:
a-t 1 -0)+-a
Title: D.W W,,,,-
Phone No. 4'A - ;'AO 5 5-
Mailing Address: Oonl Rrw a n 9
-P.-O:-Box-or Street City.fate Zip
SO
Identification'Number: (� b
Court on this 4,5 day of 2020 by
Ij
Aoldingthe-position-ofJI 1134�
EXHIBIT "A"
IQ 21-009 Pest Control Services
Contract Term: October 1, 2020 — September 30, 2022
Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing
Department, 200 South Texas Ave.. Suite M Bryan, TX 77803 in a sealed envelope
clearly marked "IQ 214M, Pest Control Services". Include the signed Contract and a
copy of the required insurance with the submission of quotes. The required Insurance is
listed in the attached Contract. Quotes must be received by the Brazos County Purchasing
Department prior to 2:OOp.m.. Tuesday. August IS. 2020 or they will not be considered.
Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals
or IQ's delivered to any other person or department other than previously specified, will
not be considered responsive.
Brazos County is soliciting quotes for pest control services for all Brazos County locations.
Prices quotes shall be for a two (2) year period with an option for renewal for three (3) additional
one (1) year periods.
A. SPECIFICATIONS
1. Inspection and treatment services will be provided monthly, to include the perimeters
of all buildings listed below.
2. Contractor shall furnish all professional services, labor, materials, and equipment.
3. All materials shall be registered with Environmental Protection Agency and will be
used in strict accordance with label directions.
4. Pests to be controlled on a monthly basis are roaches, silverfish, crickets, spiders,
mice, rats, and ants (ant bets that are outside should be included in cost provided
below).
S. Work must be guaranteed so that if, at any time during the contract, a re -infestation
should occur, contractor will re -treat affected areas) at no additional cost.
6. When each building is sprayed, an employee must sign appropriate paper work for
that building extermination. The contractor must then take invoices or extermination
receipts to the Facility Services Building; located at 207 North Washington Ave;
Bryan, TX 77803; the day the services takes place.
7. All notifications of treatment required by law or product labeling; are the sole
responsibility of the contractor.
8. Treatment of bed bugs will be on an as needed basis and quoted differently than the
monthly inspection and treatment services. These treatments are needed at both the
adult and juvenile detention centers and services will be on an as needed basis.
Please quote, per cell, in the quote section below.
Exhibit A
Page 1 of 5
9. Brazos County has the right to add or remove buildings to the contract with an
amendment and agreed quote from the best control vendor.
B. AREAS TO BE TREATED:
1. Brazos County Courthouse
i. Located at 300 East 2& Street; Bryan, TX 77803
2. Tax Office
i. Located at 4151 County Court Park; Bryan, TX 77902
3. Facilities Services
i. Located at 207 North Washington Ave; Bryan, TX 77803
4. Health Department
i. Located at 201 North Texas Ave; Bryan, TX 77803
5. Adult Probation / Annex Building
L Located at 321 East 261h Street; Bryan, TX 77803
6. Brazos Center / Museum
i. Located at 3232 Briarcrest Dr.; Bryan, TX 77902
7. Arena Hall
i. Located at 2906 Tabor Road; Bryan, TX 77803
8. Agricultural Extension Building
i, Located at 2619 West Highway 21; Bryan, TX 77802
9. Road & Bridge Buildings
i. Located at 2617 West Highway 21; Bryan, TX 77802
10, Brazos County Detention Facility
i. Located at 1835 Sandy Point Road; Bryan, TX 77803
11. Juvenile Justice / Detention Center at Portables
i, Located at 1904 West Highway 21; Bryan, TX 77803
12. Brazos County Administration Building
i. Located at 200 South Texas Ave.; Bryan, TX 77803
13. Sheriffs Office Administration Building
i. Located at 1700 Highway 21 West; Bryan, TX 77803
14. Maxwell Building / IT Building
i. Located at 205 East 271" Streets Bryan, TX 77803
15. Exposition Center
i. Located at 5827 Leonard Road, Bryan, TX 77807
16, Brazos County Storage / Anderson Street
i. Located at 1500 George Bush Drive; College Station, TX 77840
17. Justice of the Peace Pet. 3
i. Located at 1500 George Bush Drive; College Station, TX 77840
18. Low Risk Facility
i. Located at 1871 Sandy Point Road; Bryan, TX 77803
19. Old MHMR Building
i. Located at 302 East 241` Street, Bryan, TX 77803
20. Elections Office
i, Located at 300 East William JQel Bryan Parkway; Bryan, TX 77803
21. Boonville Heritage Park (Main Cabin, Courthouse, Lodge, Restrooms
Smokehouse)
i. Located at 2421 Boonville Rd; Bryan, TX 77808
22. Facilities Services (Hwy 21 Location)
i. Located at 4801 Texas Highway 21, Bryan, TX 77803
Exhibit A
Page 2 of 5
23. Bed Bug Only — Detention Centers
i. Brazos County Detention Facility — Address above
I Juvenile Justice ! Detention Center at Portables — Address above
C. INSURANCE REQUIREMENTS
1. Successful bidder must provide evidence of required insurance prior to award. Full
description of insurance requirements are listed in the attached contract.
D. AWARD
1. The contract award shall be based on, but not necessarily limited to, the following
factors:
a) Cost
b) Special needs and requirements of Brazos County
c) Time needed to complete service
d) Location of Contractor (distance that vehicles will travel for services)
e) Contractor's past performance record with Brazos County
2. Although the cost of products to be provided is an essential part of the award, Brazos
County is not obligated to award a contract on the sole basis of cost but will award to
Contractor considered to be the best value to Brazos County.
E. MISCELLANEOUS
1. Contractor must sign and agree to all terms and conditions of Brazos County Service
Contract attached or quote submission will not be valid.
2. Contractor must submit and post all questions regarding this solicitation on the
Brazos Valley e-Marketplace located at www.brazosbid.ionwave.net, Any questions
received via email or phone call will not be answered.
3 The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
bid 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.
F. QUOTES
L Fill out section below and hand deliver or mail to the Brazos County Purchasing
Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed
envelope clearly marked "IQ 21-008, Pest Control Services". Include the signed
contract and a copy of the required insurance with the submission of quotes. The
required Insurance is listed in the attached contract. Quotes must be received by the
Brazos County Purchasing_Department prior to 2:00p.m., Tuesday,Auaust 18, 2020
or they will not be considered. Brazos County will not accept any pricing if delivered
via email or fax. Pricing proposals or IQ's delivered to any other person or
department other than previously specified, will not be considered responsive.
Exhibit A
Page 3 of 5
Building / Location
Cost / Month
1
Brazos County Courthouse
$ go
2
Tax Office
$ J—S
3
1 Facility Services
$ 35
4
Health Department
$
5
Adult Probation / Annex Building
$
6
Brazos Center / Museum
$ lY S
7
Arena Hall
$ 3D
8
Am" Extension Building
$ 30
9
1 Road & Bridge Buildings
$
10
Brazos County Detention Facility
$
1 i
Juvenile Justice / Detention Center
$
12
1 Brazos County Administration Building
$
13
Sheriffis Office Administration Buildin
$
14
1 Maxwell Building / IT Building
$ T25
15
Exposition Center
$ - l5
16
Brazos County Storage / Anderson Street
$ A
17
Justice of the Peace Pct. 3
$ 5D
18
Low Risk Facility
$ .316
19
Old MMWR Building
$ J 6
20
Election's Office
$ `ND
21
Boonville Heritage Park (Main Cabin,
Courthouse, Lodge, Restrooms, &
Smokehouse)
$ f �►--
22
Facilities Services 21 Location
$ 3-C)
Exhibit A
Page 4 of 5
TOTAL
q15-
23
Bed Bug Spray — Per Cell (Detention Centers
Only) — As needed basis
1
$ Y
G. CONTRACTOR QUOTE CERTIFICATION
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other bidder, and that the contents of this bid have not
been communicated to any other bidder prior to the official opening of this bid. Furthermore, the
bidder affirms that they are willing and capable of performing the services entailed in this bid or
providing the goods described in this bid and agrees to do so for the term of this contract. The
bidder also agrees to all of the terms and a condition contained in this document and agrees to be
held to them for the term of this contract.
Name of Company:
Tax ID #: $ 0- D 3+ ��,D 1 1)
Address: S0(>q ot
Email:
Telephone M �n - 6�
Printed Name:
1 /' -K
Signature of Authorized Representative:
Exhibit A
Page 5 of 5
Brazos County
Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361-4292 FAX (979) 361-4293
Addendum #1 to 21-008
Pest Control Services
August 6, 2020
Change in Auto Liability Insurance
Changing the Auto Liability Insurance requirement from $1,000,000.00 to
$500,000.00. Please cross this out of the contract and add the new pricing and
initial.
s addendum should be signed by an authorized representative of the respondent and returned with
bid documents as specified in the bid.
riedgement of Addendum• fifi
Signature: "I
Printed Name: f 1
BILLHOY-01 jTAM
'`�c45mix CERTIFICATE OF LIABILITY INSURANCE EfBI141:2020Dr"""
THIS CERTIFICATE IS ISSUED- AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW., THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the Certificate holder in lieu of such endorsements .
PRODUCER ,
NACT
Dexter S Company of Central Texas, Inc.
4030 Highway 6 S. Ste. 310
College Station, TX 77US
PHONE FAX
Arc, No. 44 : 979) 7"84 LAIC, Ne :(979) 694-7603
t;
INSURERS AFFORDING COVERAGE
NAICS
INSURER A: Markel Insurance Com n
38970
INSURED
INSURER B .
INSURER C:
Billy Hoyt, dba Allstar Pest Control
INSURER D :
8899 Green Branch Loop
Bryan, TX 77808
INSURER E :
INSURER F ;
CnVF0A6ES CFRTiFtC®TF All IMRr=R- RRInAln t NIIMRr-R•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INLT R
I TYPE OF INSURANCE
ADD
SU
POLICY NUMBER
POLICY EFF
POLICY EXP
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COImMERCIAL GENERAL L =LrrY
CLAIMS -MADE ❑ OAR
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DAMAGE TO RENTED
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PERSONAL A ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER:
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OTHER:
GENERALAGGREGATE '
PRQDUCTS-CO PIOPAGG
AUTOMOBILE LIABILITY
I
AMYAUTO
OWNED SCHEDULED
AUTOS ONLY RCREEpSUL Ep
AUTOS ONLY HMO
(En ac NED SINGLE LIMIT
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UMBRELLALIAB
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K G
FS-FI-dm,
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OYERS LLIABiL01TNY
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under
OF OPERATIONS below
MIA
X
MWC014S739-01
411212020
4112l2021
PER OTH-
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110001000
E.L. DISEASE - EA EMPLOY
1,000,000
E.L.DISEAS - POLICYLIMIT
1,000,000
DESCRIPTION
The General
when therelis
Broadening
named insured
OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If moro apace Is requGod
liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only
a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a
Endorsement with "Primary and Non -Contributory" wording. Waiver of Subrogation provided only when there Is a written contract between the
and the certificate holder that requires such status. The Worker's Compensation Policy includes Blanket Waiver of Subrogation.
Brazos County
200 S Texas Ave Suite 352
Bryan, TX 77803
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ALrFHOR17ED REPRESENTATIVE
ALL5T01
A`t7e CERTIFICATE OF LIABILITY INSURANCE
1010112019"
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.1 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If We certificate holder is an ADDITIONAL INSURED, the policyges) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED, subject to the Leans and conditions of the policy, certain policies may require an endorsement: A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsements .
FWWUCER I 512.447T773
Time insurance Agency, hm
1406 East Riverside Drive
Austin, TX I
Time Insuranca Agency, Inc.
cT Time Insurance Agency, Inc.
�+o 512-447 7T73 FA 512-440-0988
a No No
NSU SR S O COVERAGE
NATO A
RERA.Gemini Insurance Co
10833
�st Control
Q
Nan, �� ��
B'
U C:
UrSURERD:
INSURER E
INSURER F
COVERAGES CFRTIFICATF INrIMRFR- Dow4minu All AN121=D•
THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS.
TMOFINSURANCE
IUML
Well,POLU:YNUnBER
FOUCYFPF
POUCYEXP
LINifS
A
X
coMMERcmL GENERAL LUr um
CIAIMS•MAOE [X] OCCUR
LGL0008601-06
10101/2019
10/01/2020
11000,000
-EACHo
DAMAGE TO RENTED
MED EXPom
100,000
54060
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S 1,000,000
GEN'L AGGRE ATE LIMIT APPLIES PER:
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OTHER:
GENERALAGGREGATE
5 2,000,000
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AUTOMOBILE LIABRRY
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I
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Liability po includes a blanket automatic additional insured
(provFsion) that provides additional Insured and waiver of
status to the certificate holder only, when there is a written
the named insured and the certificate holder that requires
BRAZOSC
Brazos County Purchasing Dept.
200 S. Texas Ave. #352
Bryan, TX 77803
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS:
AUTHORIZED REPRESENTATNE
• r4� CERTIFICATE OF LIABILITY INSURANCE °"8 3` /202° o"r'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS -UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR' ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: U the caMficate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
It SUBROGATION IS WANED, subjed:to the terms and conditions ,of the policy, certain policies may require an. endor ,anent. A statemed on
this certificate does not confer rights to the certificate holder in Ilea of such endomaement a
PRODUCER - _ - -
GEICO
CONTACT - —
GEM
PHONE 1-SlI6 �Q$;a�44
TAX
One GEICO Boulevard
FredeAtAsburg, VA 22412
Emit RICOMMEND@GEIGO.COM
Addm=
INSURERIS)AFFORDINGCOVERAGE
ftme
188991Green
II9RERA• GOVERNMENT EMPLOYEES INSURANCE .COMPANY
22063
INSURED
BILLY J HOYT
DBA ALL-STAR PEST CONTROL
Branch Loop
BRYAN, TX 77808
INSURER B:
NSURERC:
INSURERD:
� �
INSURER F.
COVERAGES CERTIFICATE NUMBER REVISION} NUMBER!
T141S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH, THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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I TYPE OF INSURANCE
ADDL
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WV
POUt:YNUMBER
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$-
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9100016101 09
4/26/2020
4/26/2021
OWNS)
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s
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OTH.
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ANY PROPMEiONPAWMERIEXECUTIVE
OFMERINIBIHETI E=WDED?
(Mandatory in NH)
N ! A
_STATUTE
EL DISEASE - EA EMPLOYEE
S
N yes, descrMa under
DESCRIPTION OF OPERATIONS below
ELDISEASE-POLICY LIMfT
S
DESCRIPnONOFOPERATIONSILOCATIONSIVBNICLES
(ACOR01o1.AddidoaalRemaftSOMule, mayI ittaehadilmmespacelareyulrcd)
2014
CHEVROLET 1500 VEHICLE IDENTIFICATION NUMBER WIN): 3GCPCPEHXEG204580;
2019
DODGE RAM 1500 VEHICLE IDENTIFICATION NUMBER (VIN): 1C6RREGT4KN650778
CERTIFICATE HOLDER CANCELLATION
BRAZOS COUNTY _$H04lpANY OFTKAPOYRA ,SCRISEDPOLIC8 B9CANCWM13EFORE
200� S TEXAS AVE STE 352THE EXPIRATION DATE THEREOF, NOTICE WILL IM IDEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
BRYAN, TX 77803-3999 AU W=FD RFPRFNWATIMP
CITY OF BRYAN
��4 COI V�
iS�YIti�1LLLit$G4iJQli
eti.{rm,rrtue.y'
` y� l:�i
Ll\T /
r
2008►ddendum 1:
ontrol' ; C. ry ces.
1 Issue: Date: 7/3.1/20�0',, :
:Questions.Deadline 8/ 1.1%2020 `05 00: PM tt�CT
' 1 r r,' +hc Vya�"+• R
.h `�i'.I X. ,�.I'.�: ti :, �., .... .. ... w..� w.ww w'�'ww wwF wr.. r•.
j.
a,'�
,. , ,Kp on
krip.
ti.Brazos'.Go
Contact Information
Contact: Ms. Kaitlyn Nachlinger Buyer
Address: Purchasing
County Administration Building
Ste. 352
200 South Texas Ave.
Ste. 352
Bryan, TX 77803
Phone: (979) 361-'4285
Email: knachlinger@brazoscountytx.gov
Page 1 of 3 pages Deadline: 8/18/2020 02:00 PM (C1) 21-008 Addendum 1
krip.
ti.Brazos'.Go
Contact Information
Contact: Ms. Kaitlyn Nachlinger Buyer
Address: Purchasing
County Administration Building
Ste. 352
200 South Texas Ave.
Ste. 352
Bryan, TX 77803
Phone: (979) 361-'4285
Email: knachlinger@brazoscountytx.gov
Page 1 of 3 pages Deadline: 8/18/2020 02:00 PM (C1) 21-008 Addendum 1
Bid
U06
'008.' Addendum,;,..; ,
Pest -cm .401 "50.4ces,
Bt-azb§`C.oUnty�-.-Informal ,..Qti6taflons=.-.MantiaI
)at 7/3112-0 26,
Ldtj
-- : on
n 811,11-20.20,05000PM.,(,Q.T.-)
nse-Dbadfihe:. 8/1 02:06 PM
I To
10
id. Chaddb-0- endt.'
ss:Rurcha§ing-
f.7 -'COOW" 'iM966fidni 13-6Rd 6, no
Ste 352
-076).T.301,42,90
:3
ments
� Contract - Post Control Services.pdf
:e Contract
A - Pest Control Services.pdf
it A
Jum #1.pdf
ridurn #1
-
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ho'n' 76.1 - .43 raizogc6unt g
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Page 2 of 3 pages Deadline: 8118/2020 02:00 PM (CI) 21-009 Addendum 1
i
Supplier Information
Company
Contact
Supplier
Name:
Name:' NA
Address: c6q ���gan �YQ�n GIB WD�
ty ---n% DS
Phone: �� (� . �a,0) . aq
Fax:
Email: a,11 c�-�,(p,�G�-(.pYl�'Y�� �DCS iYl�l � • �Am
Notes
By submitting
your response, you certify that you are authorized to represent and bind your company.
�.y.."•..,— v
Page 3 of 3 pages Deadline: 8/18/2020 02:00 PM (Cr) 21-008 Addendum 1
GRANT ADMINISTRATION SERVICES
PART I - AGREEMENT
THIS AGREEMENT MADE ON THE DAY OF 2 1131202.+ BY AND BETWEEN THE COUNTY
OF BRAZOS, hereinafter referred to as the Client, and GRANTWORKS, INC., Austin, Texas, hereinafter
referred to as the Consultant, procured in conformance with Local Government Code 252/262 and 2 CFR
Part 200.
I. SCOPE OF SERVICES
Consultant agrees to render Client grant administration services for Client's U.S. Department of Housing
and Urban Development Community Development Block Grant — Method of Mitigation ("CDBG-MIT
MOD") funds Contract Number TBD administered by the Texas General Land Office ("GLO") for
mitigation and infrastructure improvement for designated disasters, as provided in the provisions titled,
"Part 111, Scope of Work" and attached hereto and incorporated by reference herein (the "Services").
II. TIME OF PERFORMANCE
The time of services of Consultant shall commence no earlier than the date of this agreement. In any
event, Consultant shall use commercially reasonable efforts to perform all services required and
performed hereunder within either 730 calendar days or the project's administrative closure date, as
defined by GLO, whichever is later.
III. COMPENSATION AND METHOD OF PAYMENT
For and in consideration of the foregoing, Client agrees to pay Consultant a fixed fee of Thirty-seven
thousand, two hundred fifty/100 Dollars, ($37,250.00) in accordance with the following schedule. All
payments are conditioned upon submission of invoices by Consultant. Listing of specific milestones shall
not be construed as a representation or warranty, and Consultant makes no representations or warranties
that these milestones measure overall contract progress facilitated by the Consultant's performance of
the services, and any particular milestone will be achieved or that any specific GLO or other requirements
ultimately will be met. The fee schedule shall be based upon identified contract milestones, as follows:
Item
Milestone Description
Amount
Percentage
Administration
1.
Project Kick -Off and Startup Package - signatory form; audit certification; labor
standards designations; direct deposit form; acquisition report submitted if
applicable
4,462.00
15%
2.
Environmental Notice to Proceed
4,462.00
15%
3.
Environmental Review Record Complete- Authority to Use Grant Funds Issued
5,950.00.
20%
4.
Bid Advertised
2,975.00
10%
5.
Construction Notice to Proceed
7,438.00
25%
6.
Construction Complete Final Wage Compliance Report Issued
2,975.00
10%
7.
Close out Packet Submitted and Approved
1,488.00
5%
SubTotal Amount
$29 750.00
Environmental
1 E I
Commence Environmental Phase
2,250.00
30%
2E
Environmental Review Record Complete- Authority to Use Grant Funds Issued
5,250.00
70%
SubTotal Amount
$7 500.00
Total Contract Amount
$37 250.00
Client acknowledges and agrees that Consultant shall be entitled to submit progress invoices
periodically and as deemed necessary by the Consultant, reflecting work completed, not to exceed in
GrantWorks Grant Administration Services
- 1 -
aggregate the fee service total, until the projects satisfactory completion. Client undertakes to make
payment on each such invoice within the specified terms outlined in this agreement.
Consultant shall have the right to bill Client on a pro-rata basis as each identifiable grant Project Site
achieves specified billing milestones outlined in the fee schedule. The billing for each Project Site shall
be calculated proportionally based on the completion of the respective milestones. The Client agrees
to make payments within the specified terms as stipulated in this agreement. The pro-rata billing
approach applies independently to each Project Site and does not affect the overall billing for the entire
project, which may continue as per other relevant provisions of this contract.
*By signing this Agreement, Client issues Notice to Proceed for environmental services and all other administrative
services.
GrantWorks Grant Administration Services
-2-
IV. ADDITIONAL SERVICES
A. if authorized by Client, the Consultant shall furnish Additional Services of the following types which
are not considered normal or customary Administrative Services; these will be paid for by the Client
at an hourly rate of Ninety-five and no/100 Dollars ($95.00).
1. Reassessment of the environmental review, republication of environmental notices, and other
actions necessary to re -secure clearance from the GLO required by an amendment, other
Contract modification, or a change in GLO policy or practice.
2. Additional door-to-door income survey work required as part of an amendment, other Contract
modification, or a change in GLO policy or practice.
3. New and/or additional acquisition activities resulting from unknown needs prior to project initiation,
site changes, and/or condemnation proceedings.
4. Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or
administrative proceeding involving this project.
5. Preparation of financial statements and records such as audits, check registers, and ledgers that
are required for project implementation and are typically generated by the Client in the normal
course of business.
6. Additional or extended services made necessary by: 1) a significant amount of defective work of
any construction contractor, consulting engineer and/or architect; 2) prime construction contractor
utilizing more than three (3) sub -contractors; 3) more than two (2) prime construction contracts;
4) force account documentation for labor, equipment and materials valued at over $25,000; 5)
default of any construction contractor, consulting engineer and/or architect.
B. Fees for any professional services required to carry out project -related activities that must be
furnished by a third -party professional including but not limited to Phase I or II environmental
assessments or services by an accountant, appraiser, archaeologist, architect, attorney, auditor,
biologist or other natural scientist, engineer, historic preservationist, or surveyor, shall be in addition
to the base fee payable to Consultant specified in Section III. Expenditures for such services shall
require prior approval by Client.
V. CHANGES AND AMENDMENTS
The Client may, from time to time, request changes in the scope of services of the consultant to be
performed hereunder. Such changes, including any increase or decrease in the amount of the
Consultant's compensation, must be mutually agreed upon by and between the Client and the Consultant
and' shall be incorporated in written amendments to this Agreement. If a change is requested but the
parties cannot agree on the specific terms of suchchange, the parties may mutually agree to,terminate
this Agreement. Absent such agreement to terminate, the Agreement will continue without the change.
VI. ASSIGNABILITY
Neither party shall assign any interest in this Agreement or transfer any interest in the same, without the
prior written consent of the other party, not to be unreasonably withheld, provided, however, that claims
for money by the Consultant from the Client under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any such assignment or
transfer shall be furnished reasonably promptly to the Client.
VII. RECORDS AND AUDITS
During the term of this Agreement, the Consultant shall assist the Client in maintaining fiscal records and
supporting documentation for all expenditures of funds made under the Contract. Such records must
include data on racial, ethnic, and gender characteristics of persons who are applicants for, participants
in, or beneficiaries of the funds provided under the Contract. Client shall retain such records, and any'
supporting documentation, for the greater of three years from closeout of the Contract or the period
required by other applicable laws and regulations.
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VIII. MISCELLANEOUS PROVISIONS
A. Governing Law. This Agreement shall be construed under and accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in the county in which
Client's primary office is located.
B. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal representative,
successors and permitted assigns. This Agreement does not and is not intended to confer any rights
or remedies to any person other than the parties to this Agreement.
C. Severability. In any case 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
unenforceability 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 herein.
D. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary
disbursement in addition to any other relief to which such party may be entitled.
E. Provision of Information. It is agreed that all information, data, reports and records and maps as are
existing, available and necessary for the carrying out of the work outlined in this Agreement shall be
furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for
such information and the Client and its agencies will cooperate with Consultant in every way possible
to facilitate the performance of the work described in this Agreement.
F. Local Program Liaison. For purposes of this Contract, the «Official Title» or equivalent authorized
person will serve as the Local Program Liaison and primary point of contact for the Consultant. All
required progress reports and communication regarding the project shall be directed to this liaison
and other local personnel as appropriate.
G. Waiver of Consequential Damages. Neither party will be liable to the other party or any other person
or entity for any special, incidental, indirect, consequential, punitive or exemplary damages arising
out of or relating to this Agreement, regardless of the form of action and whether or not such party
has been informed of or otherwise might have anticipated the possibility of such damages.
H. Limitation of Liability. Each party agrees that, regardless of the type, nature or number of causes of
action or claims by the Client (including without limitation claims for indemnity under this Agreement)
or any third party claiming by, through or under the Client, the maximum amount of damages,
individually or in the aggregate, that either party will be liable for or can be required to pay to the other
or any other claimant is the amount of fees to be paid to the Consultant by the Client under this
Agreement. The parties agree that this limitation of damages is reasonable and acknowledge that
but for this limitation, neither party would enter into this Agreement.
I. Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with
regard to contemporaneous understandings or written or oral agreements between the parties
respecting the subject matter of this Agreement.
J. Negotiated Terms. The parties agree that the terms and conditions of this Agreement are the result
of negotiations between the parties and that this Agreement shall not be construed in favor of or
against either party by reason of the extent to which such party or its professional advisors
participated in the preparation of this Agreement.
K. Ownership of Work and Copyright. The parties agree that the Consultant retains all ownership rights
to forms, reports, and other documents produced in whole or in part under this Agreement until such
documents are completed as contemplated under this Agreement and placed in the official Contract
record or submitted as final documents to the Clientor the GLO. Consultant shall retain all ownership
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rights to templates, internal tracking systems, and other documents produced by Consultant that have
a common use applicable to multiple clients and are not produced specifically for the Client under this
Agreement. No report, maps, or other documents produced in whole or in part under this Agreement
shall be the subject of an application for copyright by or on behalf of the Consultant.
L. Remedies Alternative Dispute Resolution and Program Non -Compliance. The parties hereto agree
to resolve all disputes arising hereunder in accordance with this section. If a dispute arises out of or
relates to this Agreement or any alleged breach hereof, including determination of responsibility for
any costs disallowed as a result of non-compliance with federal, state or CDBG-MIT program
requirements, the party desiring to resolve such dispute shall deliver a written notice of the dispute,
including the specific claim in the dispute to the other party. Following the delivery of such notice, the
parties involved in the dispute shall meet at least twice within the thirty (30) day period commencing
with the date of the notice and in good faith shall attempt to resolve such dispute through negotiation.
If any dispute is not resolved or settled by the parties as a result of such negotiation, the parties in
good faith shall submit the dispute to non -binding mediation before a retired judge of a federal district
court or Texas district court or a similarly qualified, mutually agreeable individual in Austin, Texas.
The parties shall bear the costs of such mediation equally. If the dispute is not resolved through such
mediation, either party may proceed to file suit.
M. Force Maieure. A "Force Majeure Event" means any event or cause beyond a party's reasonable
control (including without limitation, construction delays, fire, flood, rain, weather, casualty,
explosions, damage by third parties whether negligently or intentionally caused, strikes, work
stoppages, picketing, acts of God or other casualties, or the laws or actions of any governmental
authority), as a result of which at any time a party is unable to perform any of its obligations under
this Agreement. If a Force Majeure Event occurs during the term of this Agreement that prevents the
Consultant from performing its obligations hereunder, the Consultant and the Client will in good faith
mutually agree on one of the following alternatives: (1) extend the time for performance, or (2)
terminate this Agreement and, as mutually agreed, cause the payment to Consultant of fees not yet
paid for services performed prior to the occurrence of the Force Majeure Event or cause the refund
to Client of fees previously paid for services that were not performed prior to the occurrence of the
Force Majeure Event.
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This Agreement is subject to the provisions titled "Part II Terms and Conditions", "Part III Scope of Basic
Services" and GLO State Contract Agreement "Attachments A-E", which each are attached hereto and
hereby are incorporated by reference.
IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the date
indicated above.
GrantWorks, Inc.
2201 Northland Drive
Austin, TX 78756
BY:
Bruce J. Spitzengel
President
County of Brazos
200 S. Texas Ave.
Bryan, Texas 77803
1
BY: Q a
Duane Peters, County Judge
ATTEST:
BY:
Karen McQueen, Co ty Clerk
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GRANT ADMINISTRATION SERVICES
PART II - TERMS AND CONDITIONS
1. PERSONNEL. The Consultant represents it has or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the Client. The Consultant may
subcontract any of the work or services covered by this Agreement, provided that (a) any
subcontracted work or services must be the subject of a written approval written contract or
agreement, (b) the Consultant shall be responsible to Client for the acts or omissions of any such
subcontractor, and (c) such subcontractors shall be subject to the requirements of the program.
2. REPORTS AND INFORMATION. The Consultant, at such times and in such forms as the Client
may reasonably require, shall furnish the Client periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Agreement, the costs and obligations incurred
or to be incurred in connection therewith, and any other matters covered by this Agreement.
3. RECORD RETENTION. In accordance with 2 CFR 200.333, Consultant shall provide to Client all
records pertinent to the Contract. Client shall retain all required records for at least three (3) years
after making final payments and all other pending matters are closed.
4. ACCESS TO RECORDS. In accordance with 2 CFR 200.336, during the Agreement's time of
performance the grantee, the subgrantee, the Federal grantor agency, Inspectors General, the
Comptroller General of the United States, or any of their duly authorized representatives will have
access to any books, documents, papers, and records maintained by the Consultant which are
directly pertinent to the Contract for the purpose of making audit, examination, excerpts, and
transcriptions.
5. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by
the Consultant under this Agreement are confidential and the Consultant agrees that they shall
not be made available to any individual or organization without the prior written approval of the
Client except where required by law or by court order.
6. COMPLIANCE WITH LOCAL LAWS; INDEMNIFICATION. Consultant shall comply with the
requirements of all applicable laws, rules and regulations, and shall, indemnify, and hold harmless
the Client from and against them, and shall indemnify and hold harmless the Client from and
against liability for payments of Federal, State and local taxes on contributions imposed or
required under the Social Security, worker's compensation and income tax laws associated solely
with Consultant's performance of the services required to be performed by Consultant under this
Agreement.
7. TERMINATION OF AGREEMENT FOR CAUSE. In accordance with 2 CFR 200 APPENDIX II
(B) If the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this
Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of
this Agreement, the Client shall provide written notice to Consultant reasonably specifying the
failure or violation. If Consultant fails to cure such failure or violation within five (5) business days
of receiving such notice or, if the failure or violation is incapable of cure within such time frame,
to begin to take actions to cure such failure or violation and to diligently pursue them to completion,
Client thereupon shall have the right to terminate this Agreement immediately by giving written
notice to the Consultant. Consultant shall be entitled to receive just and equitable compensation
for any work satisfactorily completed hereunder. In such event, all finished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant
under this Agreement shall, at the option of the Client, become its property.
8. TERMINATION OF AGREEMENT FOR CONVENIENCE. Either the Client or the Consultant may
terminate this Agreement at any time by providing at least ten (10) days, notice in writing to the
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other party to this Agreement. If the Agreement is terminated as provided herein, the Consultant
will be paid for the time provided and expenses incurred up to the termination date. In such event,
all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement shall, at the option of the Client, become its
property.
9. CONFLICTS OF INTEREST
A. Governing Body: Client agrees that no member of its governing body, no other public official
of Client, and no other officer, employee, or agent of the Client who exercises any functions
or responsibilities in connection with the planning and carrying out of the program, shall have
any personal financial interest, direct or indirect, in this Agreement, and Client shall take
appropriate steps to assure compliance with this requirement.
B. Other Local Public Officials. No other public official who exercises any functions or
responsibilities in connection with the planning and carrying out of administration,
construction, engineering or implementation of the CDBG award between the GLO and the
County shall have any personal financial interest, direct or indirect, in the Consultant or this
Agreement; and the Consultant shall take appropriate steps to assure compliance.
C. Consultant and Employees. The Consultant warrants and represents that it has no conflict of
interest associated with the CDBG award between the GLO and the Client or this Agreement.
The Consultant further warrants and represents that it shall not acquire an interest, direct or
indirect, in any geographic area that may benefit from the CDBG award between the GLO and
the Client or in any business, entity, organization or person that may benefit from the award.
The Consultant further agrees that it will not employ an individual with a conflict of interest as
described herein.
10. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689).
The Consultant certifies, by entering into this Agreement, that neither it nor its principals are
presently debarred, suspended, or otherwise excluded, from or ineligible for participation in
federally -assisted programs under Executive Orders 12549 1986) and 12689 (1989). The term
"principal° for purposes of this Agreement is defined as an officer, director, owner, partner, key
employee, or other person with primary management or supervisory responsibilities, or a person
who has a critical influence on or substantive control over the operations of the Consultant The
Consultant understands that it must not make any award or permit any award (or contract) at any
tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549, "Debarment and
Suspension."
11. GENERAL TERMS REGARDING THIRD -PARTY SERVICES
Some services will be performed by third -party service providers.
Assistance by Consultant with (1) verification of construction contractors or other service
contractors, (2) selection of bid award winners, or (3) any other activity relating to contractors,
subcontractors, bid award winners or any other third party not directly engaged through a written
agreement with Consultant to provide services required to be provided by Consultant under this
Agreement (collectively 'Third Parties") is not intended to be and shall not be construed as an
endorsement, representation or warranty by Consultant of any kind relating to such Third Party
Service Providers or of the quality of such Third Parties work, and all such endorsements,
representations or warranties hereby are expressly disclaimed.
Assistance by Consultant with the fulfillment of any requirements imposed by Third Parties,
governmental or otherwise, shall not be construed as a representation or warranty, and
Consultant makes no representations or warranties, that any particular requirement will be
achieved or met, and Consultant assumes no responsibility for the achievement or failure to
achieve such requirements.
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All assistance by Consultant described in this Agreement based on information provided by Third
Parties shall be considered information provided by Client, and Consultant shall be entitled to rely
on such information without any additional duty of inquiry or investigation.
12. FEDERAL COMPLIANCE. During the term of this Agreement, the parties shall comply with all
Federal laws, regulations, and rules including the following:
A. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
B. SECTION 504 REHABILITATION ACT OF 1973, as amended. The Consultant agrees that no
otherwise qualified individual with.disabilities shall, solely by reason of his/her disability, be denied
the benefits of, or be subjected to discrimination, including discrimination in employment, under
any program or activity receiving federal financial assistance.
C. AGE DISCRIMINATION ACT OF 1975. The Consultant shall comply with the Age Discrimination
Act of 1975 which provides that no person in the United States shall on the basis of age be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.
D. SECTION A109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974.
1. Under Title VI of the Civil Rights Act of 1964, no person shall on the ground of race, color,
religion, national origin or sex be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity funded in whole or in part
with funds made available under this Title.
E. EQUAL OPPORTUNITY CLAUSE. During the performance of this Agreement, the Consultant
agrees as follows:
I. The Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Consultant will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but
not be limited to. the following: Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Consultant agrees
to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Consultant will, in all solicitations or .advertisements for employees placed by or on
behalf of the Consultant, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
III. The Consultant will not discourage or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has. access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals .who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
iv. The Consultant will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
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provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants -for employment.
v. The Consultant will comply with all provisions of Executive Order 11246 of September 24,
1965, "Equal Employment Opportunity," and of the rules, regulations, and relevant orders
of the Secretary of Labor.
vi. The Consultant will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
vii. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Consultant may be declared ineligible
for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
viii. The Consultant will include the portion of the sentence immediately preceding paragraph
(i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action
with respect to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Consultant becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Consultant may request the United States to enter into such
litigation to protect the interests of the United States.
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F. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
A. The non -Federal entity must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when
possible.
B. Affirmative steps must include:
i. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (1) through (5) of this section.
13. ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS
CONCERNS.
A. The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this Agreement will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth in 24 CFR 135, and all applicable rules and orders of the GLO issued thereunder prior
to the execution of this Agreement. The parties to this Agreement certify and agree that they
are under no contractual or other disability which would prevent them from complying with
these requirements.
C. The Client shall require each contractor to send to each labor organization or representative
of workers with which he/she has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers' representative
of his/her commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
D. The Client shall require that this Section 3 clause is included in every contract or subcontract
for work in connection with the project and will, take appropriate action upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR Part 135. The Client shall not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 and will terminate any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with requirements of the regulations. The
notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the positions; and
the anticipated date the work shall begin.
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E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the GLO issued hereunder prior to the execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, it successors and assigns. Failure to fulfill
these requirements shall subject the applicant, its contractors and subcontractors, its
successors and assigns to those sanctions specified by the grant or loan agreement or
contract through which federal assistance is provided, and to such sanctions as are specified
by 24 CFR Part 135.
F. The Contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the Contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
H. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this Agreement that are subject to the provisions of section 3 and section 7(b) agree
to comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
14. PATENT RIGHTS AND INVENTIONS. The Consultant shall comply with the requirements and
regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed
in the course of or under such contract. (2 CFR 200 Appendix II (f) and Rights to Inventions in 37 CFR Part
401).
15. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "rights to inventions made by nonprofit organizations and small business firms under
government grants, contracts and cooperative agreements," and any implementing regulations issued by
the awarding agency. (2 CFR 200 Appendix II (F)).
16. ENERGY EFFICIENCY. The Consultant shall comply with the mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). (2 CFR 200
APPENDIX II (H) and 42 U.S.C. 6201).
17. VERIFICATION NO BOYCOTT ISRAEL. As required by Chapter 2270.002, Government Code, the
Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this
Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm
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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 for ordinary business purposes.
18. NO FOREIGN TERRORIST ORGANIZATIONS. Pursuant to Chapter 2252.152, Texas Government
Code, the Consultant represents and certifies that, at the time of execution of this Agreement neither the
Consultant, nor any wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of the
same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in
i Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas
Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections
806.051, 807.051, or 2252.153 of the Texas Government Code. The term�Toreign terrorist organization" in
this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
19. GLO LOCAL INFRASTRUCTURE PROGRAM PROJECT DELIVERY FEE CAP. Total project delivery
fees paid under this Contract, including any subcontracts, shall not exceed the GLO's cap of maximum
rates based on the fixed rate pricing that is dependent upon the CDBG-MIT MOD final award amount at
contract closeout. The percentage fee cap is outlined in this Agreement in Part I. Section III. Compensation
and Method of Payment. Project Delivery may include, but is not limited to, grant administrator fees, costs
associated with environmental clearance, and eligible costs for in-house efforts. Any decrease in the total
CDBG-MIT MOD award at final contract closeout, including those resulting from lower -than -anticipated
construction costs or reduced project scope, will automatically adjust the total not -to -exceed fee owed to
GrantWorks.
20. USE OF CLOUD -BASED CERTIFIED PAYROLL SOLUTION. Upon procurement of any prime
construction contractor or subcontractor subject to Davis -Bacon certified payroll or other prevailing wage
compliance requirements to perform work related to the Services described herein, the Client shall require
and enforce the use of LCPtracker, a cloud -based SaaS solution, for any certified payroll tracking,
construction site compliance, and workforce reporting. Access to LCPtracker will be furnished by the
Consultant.
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AGREEMENT FOR GRANT ADMINISTRATION SERVICES
PART III - SCOPE OF WORK
TEXAS GENERAL LAND; OFFICE
GRANT ADM-11 NIST-R-ATION SERVICES
SCOPE OF WORK
SCOPE OF SERVICES REQUESTED......................................................................
DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS ................................
GRANT ADMINISTRATION SERVICES - INFRASTRUCTURE ..............................
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SCOPE OF SERVICES REQUESTED
Providers will help Client and the GLO fulfill. State and Federal Community
Development Block Grant Mitigation Method of Distribution ("CDBG-MIT MOD")
statutory responsibilities related to recovery and mitigation in connection with any
federally declared disaster. Providers will assist in completion of CDBG-MIT MOD
qualified housing or non -housing projects. Respondents may be qualified to provide
Grant Administration services for housing projects, non -housing projects, or both.
Grant administrative services must be performed in compliance with the U.S.
Department of Housing and Urban Development ("HUD") and guidelines issued by the
GLO.
DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS
Consultant shall furnish pre -funding and post -funding grant administrative services to
complete the Mitigation projects, including, but not limited to the following:
Pre -Funding Services
Grant Administrator will develop project scope and complete CDBG-MIT MOD
application. The provider will work with the subrecipient and Engineer, if applicable, to
provide the concise information needed for submission of complete Mitigation funding
application and related documents. The required information shall be submitted in a
format to be described by the GLO.
Post -Funding Services
Grant Administrator will administer and complete infrastructure, utilities, housing and
eligible projects approved for mitigation funding. The selected administrative firm must
follow all requirements of the Texas CDBG-M1T MOD program.
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Grant Administration Services — General
(a) Administrative Duties:
i. Coordinate, as necessary, between subrecipient and any other appropriate service providers
(i.e. Engineer, Environmental, etc.), contractor, subcontractor and GLO ,to effectuate the
services requested.
ii. May assist in public hearings.
iii. Will work with GLO's system of record.
iv. Provide monthly project status updates.
v. Funding release will .be based on deliverables identified in Section 3.
vi. Labor and procurement duties:
a. Provide all Labor. Standards Officer (LSO) Services.
b. Furnish access to LCPtracker, a cloud -based SaaS solution, for certified payroll
tracking, construction site compliance, and workforce reporting.
c. Ensure compliance with all relevant labor standards regulations.
d. Ensure compliance with procurement regulations and policies.
e. Maintain document files to support compliance.
vii. Financial duties:
a. Prepare and submit all required reports (Section 3, Financial Interest, etc.).
b. Assist subrecipient with the procurement of audit services.
c. Assist subrecipient in establishing and maintaining a bank account for program funds.
d. Implementation and coordination of Affirmatively Furthering Fair Housing ("AFFH")
requirements as directed by HUD and the GLO.
e. Implementation and coordination of Section 504 requirements.
f. Program compliance.
g. Ensure that fraud, prevention and abuse practices are in place and being implemented.
h. Prepare and submit all closeout documents.
i. Submit all invoices no later than 60 days after the expiration of the contract. All
outstanding funds may be swept after 60 days. The provider may request an extension
of this requirement in writing.
j. Assist in preparation of contract revisions and supporting documents including but not
limited to:
• Amendments/modifications,
• Change orders.
(b) Construction Management
i. The provider will assist the subrecipient in submitting/setting up project applications in the
GLO's system of record.
H. The provider may compile and collate complete contract/bid packages that meet GLO program
requirements. The packages will contain supporting documentation that meets or exceeds the
requirements of the GLO's program. If applications do not have the necessary forms, the
provider may assist the subrecipient by coordinating to acquire the necessary documentation.
iu. The provider may monitor, report, and evaluate contractor's performance; notify the
subrecipient if the contractor(s) fails to meet established scheduled milestones. Receive,.
review, recommend, and process any change orders as appropriate to the individual projects.
iv. The provider may assist the subrecipient with project Activity Draws/Close Out.
v. The provider may assist the subrecipient by submitting all the necessary documentation for
draws and to close a project activity in the GLO's system of record. The provider will compile,.
GrantWorks Grant Administration Services
-16
review for completeness, and collate complete contract/closeout packages that meet GLO
program requirements for draw requests. If applications do not have the necessary forms, the
provider may assist the subrecipient by coordinating to acquire the necessary documentation.
vi. Reassignment scope alignment (if necessary).
Grant Administration Services — Infrastructure
a) Administrative Duties:
i. Ensure program compliance including all CDBG-MIT requirements and all parts therein,
current Federal Register, etc.
ii. Assist subrecipient in establishing and maintaining financial processes.
iii. Obtain and maintain copies of the subrecipient's most current contract including all related
change requests, revisions and attachments.
iv. Establish and maintain record keeping systems.
v. Assist subrecipient with resolving monitoring and audit findings.
vi. Serve as monitoring liaison.
A. Assist subrecipient with resolving third party claims.
viii. Report suspected fraud to the GLO.
k Submit timely responses to the GLO requests for additional information.
x. Complete draw request forms and supporting documents.
A. Facilitate outreach efforts, application intake, and eligibility review.
A. Perform any other administrative duty required to deliver the project.
xiii. Utilize and assist with GLO's system of record to complete milestones, submit documentation,
reports, draws, change requests, etc.
xiv.Submit change requests and all required documentation related to any change requests.
(b) Acquisition Duties*:
i. Submit acquisition reports and related documents.
ii. Establish acquisition files (if necessary).
iii. Complete acquisition activities (if necessary).
(c) Environmental Services
i. Assist detailed scope of services
a. Review each project description to ascertain and/or verify the level of environmental
review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical
Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact
Statements;
b. If necessary, conduct tiered environmental review and submit broad and site -specific
environmental reviews as required by 24 CFR Part 58.
c. Prepare, complete and submit HUD required forms for environmental review and
provide all documentation to support environmental findings;
d. Consult and coordinate with oversight/regulatory agencies to facilitate environmental
clearance;
e. Be able to perform or contract special studies, additional assessments, or permitting
to secure environmental clearance. These may include, but are not limited to
biological assessments, wetland delineations, asbestos surveys, lead -based paint
assessments, archeology studies, architectural reviews, Phase I & II ESAs, USACE
permits, etc.;
f. Prepare all responses to comments received during comment phase of the
GrantWorks Grant Administration Services
-17
environmental review, including State/Federal Agency requiring further studies
and/or comments from public or private entities during public comment period;
g. Maintain close coordination with local officials, project engineer and other members
of the project team to assure appropriate level of environmental review is performed
and no work is conducted without authorization;
h. Complete and submit the environmental review into GLO's system of record;
i. At least one site visit to project location and completion of a field observation
report
j. Prepare and submit for publication all public notices including, but not limited
to the Notice of Finding of No Significant Impact (FONSI), Request for
Release of Funds floodplain/wetland early and final notices in required order
and sequence;
k. Provide documentation of clearance for Parties Known to be Interested as
required by 24 CFR 58.43;
1. Process environmental review and clearance in accordance with NEPA;
m. Advise and complete environmental re-evaluations per 24 CFR 58.47 when
evidence of further clearance or assessment is required;
n. Prepare and submit Monthly Status Report; and
o. Participate in regularly scheduled progress meetings.
*Acauisition Activities may not be required in each project other than the submittal of an °acquisition
report' documenting no activities. GrantWorks will assist in facilitating additional acquisition services that
may be required, including any or all of the following activities: obtaining documentation of property
ownership, correspondence and notifications to property owners, negotiations between the Client and
property owners, requesting signatures, filing records, CAD -based fair market value estimates,
coordinating the services of appraisers, surveyors, or other third parties. Costs for any third -party
acquisition services shall be paid from the Acquisition line item.
GrantWorks Grant Administration Services
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EXHIBIT
PROPOSAL
GrantWorks Grant Administration Services
.19
RFP 24-082 Grant Administrator - GLO
Points
GrantWorks
Traylor &
Associates
Experience
30
29
27
Work Performance
30
28
26
Capacity to Perform
20
17
15
Proposed Cost
1
20
$ 37,250.00
$ 50,000.00
20
14.9
Tbtal
100
94
83
of t'r�iR��4�'f . 2024 by
the position of COLI-p-r-4 JlLaor=
�pLE Op
Brazos County
or Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361-4293
February 15,2024
Verbatim Reporting & Transcription LLC
17649 El Camino Real, Suite 200
Houston, TX 77058
Be.- Renewal of Contract #24-090R for Court Recorder for Brazos County.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Court Recorder 24-090R, previously known as 22-096`
All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from
February 15, 2024 to February 14, 2025.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to pnelson@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361-4291.
Contact Name: _Kimberly C. McCright Title:,
CEO
E-Mafl:—Kimberly@verbatimrt.com Telephone: 281-724-8600
VERBATIM REPORTING & TRANSCRIPTION LLC
`\illI 1is
Duane Peters, County Judge
02/02/2024
Date
al i 31adaLf
Date
24-090R-Court Recorder
February 15, 2024 - February 14, 2025
Verbatim Reporting & Transcription, LLC
Price per Hour:
$0.00
Appearance Fee (on top of hourly fee):
$407.04 (in -person)
$290.00 (remote)
Committee Recommended Award: Verbatim Reporting & Transcription, LLC
Approved by.0 missianer's Court on this l day of ���Ptt��(. 2024 by
holding the position of OLLo�c L& OGF—
Sealed did Enclosed
did No. 22-096
Verbatim Reporting
Trasnuiption, LLC
REQUEST FOR BID
BID NO.22-096
COURT RECORDER
SEALED BIDS TO BE SUBMITTED BEFORE:
Tuesday, February 1, 2022, 2:00pm CST
TO THE:
BRAZOS COUNTY
PURCHASING DEPARTMENT
200 S. Texas Ave. Suite 352
Bryan, TX 77803
Phone: (979) 361-4290
Fag: (979) 361-4293
Respondents, their employees and/or representatives are prohibited from contacting any official or employee of
Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation
until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award
of the bid. Any such contact will be grounds for rejection of the Respondent's bid.
In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and
'specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing
the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and
for the prices set forth on the Bid Form.
Company Name: Verbatim Reporting & Transcription, LLC
By (Print): Kimberly C. McCright Title: CEO
Physical Address: 17049 El Camino Real, Suite 200, Houston, TX 77058
Mailing Address: p_p. Box 58644 onston, TX 7725R
Telephone: 281,724.8600 (ofc) Fax: n/a E-Mail: Kimberly(-)verbatimrt.com
I_J 520.861.0711 (cell)
In accordance with this Invitation to Bid and sdbject to all terms and
conditions thereof we quote as follows:
RESPONSE TO:
BRAZOSCOUNTY
FOR:
REQUEST FOR BID
BID NO. 22-096
COURT RECORDER
Prepared: January 31, 2022
Submitted by:
Verbatim Reporting & Transcription, LLC
Contact: Kimberly C. McCright, CEO
17049 El Camino Real, Suite 200
Houston, TX 77058
(281) 724-8600 (ofc)
Kimberlv0verbatimrt.com
Page 2 of 15
Bids will be received at the Brazos County Administration Building, Purchasing Department, 200
South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, February 1, 2022 at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
1. Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set
forth in this bid request for a two (2) year period beginning February 15, 2022 through
February 14, 2024 in accordance with the following Conditions of Bidding.
B. CONDITIONS OF BIDDING
1. The following instructions apply to all bids and become a part of terms and conditions of
any bid submitted to the Brazos County Purchasing Office, unless otherwise specified
elsewhere in this bid request. All Respondent(s) are required to be informed of these terms
and conditions and will be held responsible for having done so:
2. Definitions: In order to simplify the language throughout this bid, the following definitions
shall apply:
a. BRAZOS COUNTY — Same as County.
b. COMMISSIONERS COURT — The elected officials of Brazos County, Texas given
the authority to exercise such powers and jurisdiction of all County business as
conferred by the State Constitution and Laws.
C. CONTRACT — An agreement between the County and a Contractor to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR — The successful Respondent(s) of this bid request.
e. COUNTY — The government of Brazos County, Texas and its authorized
representative.
f. SUB -CONTRACTOR — Any contractor hired by the Contractor or supplier to
furnish materials and services specified in the bid request.
g. RESPONDENT — Any supplier or vendor responding to the bid request.
3. Upon acceptance and approval by the Commissioners Court, this bid effects a working
contract between Brazos County and the Contractor for the period designated.
4. Bids must be received by the Purchasing Office prior to the time and date specified. The
mere fact that the bid was dispatched will not be considered; the Respondent(s) must have
the bid actually delivered to and received by the Purchasing Department.
5. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
Page 3 of 15
6. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any Respondent(s). Only written specifications and written
price quotations will be considered. Respondent(s) with questions regarding the bid should
submit them in writing via the Brazos Valley e-Marketplace at
https://brazosbid.ionwave.net.
7. Brazos County reserves the right to reject any bid that does not fully,respond to each
specified item.
8. Respondent(s) must include Tax Identification Number for the bid to be valid.
9. Should there be a change in ownership or management; the Contract shall be canceled
unless a mutual agreement is reached with the new owner or manager to continue the
Contract with its present provisions and prices. This Contract is nontransferable and may
not be reassigned by either party.
10. The County may cancel this Contract at any time for any reason, provided a thirty -day
written notice is given.
—.�
11. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit Price
b. Extended price
C. Special needs and requirements of Brazos County
d. Results of testing samples (if required by Brazos County)
e. Delivery
f. References
g. Brazos County's experience with products bid
h. Respondent's past performance record with Brazos County
12. Although the cost of products to be provided is an essential part of the bid, Brazos County
is not obligated to award a contract on the sole basis of cost but will award to Respondent
considered to be the best value to Brazos County.
13. Acceptance of merchandise, work, and/or equipment provided shall be made by the
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 the County of any and all documentation as may be required.
14. 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.
�1
Page 4 of 15
15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State
of Texas as effective and in force on the date of this Contract, when applicable.
16. Bids must be submitted on quantities and units of measure specified by the bid documents.
In the event of errors in extended prices the unit price shall govern. Any suggested change
in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed
and may be given consideration provided that the bidder also bids on the quantity
specified.
17. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be considered
reason enough to cause the bid to be disregarded. Delivery time quoted will be given
consideration in awarding a contract. If delivery is not made within a reasonable time of
the specified delivery in the bid, the entire order or contract may be canceled, and the
Contractor barred from bidding in future solicitations.
18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
19. Bids must be submitted on this form and returned in a sealed envelope clearly
marked with Respondent Name and Bid Number to ensure proper recognition upon
its arrival. Bids will not be considered if submitted by telephone, fax or any other
means of rapid dispatch, nor will a bid be considered if submitted to any other person
or department other than specifically instructed. Bids not received prior to the
expressed date and time listed in this bid will be rejected or returned unopened to
the Respondent(s). Bids submitted to any other person or department other than the
Brazos County Purchasing Department will not be accepted.
20. It is the Respondent'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 Respondent(s) agrees to comply with HB
1295, Government Code 2252.908, if awarded a contract. Respondent(s) agrees to provide
Page 5 of 15
Brazos County the "Certificate of Interested Parties", Form 1295 as required, for renewals,
amendments or extensions to the Contract.
Visit https://ethics.state.tx.us/whatsnew/elf info forml295.htm for more information.
21. 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. Any interpretation,
corrections or changes to these specifications will be made by addenda. Sole issuing
authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized
to do so by the Commissioner's Court. Addenda will be made available using the same
distribution method used to post or make available the original solicitation. Bidders shall
acknowledge receipt of all addenda or their proposal may be considered non -responsive.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after
bid award by Commissioner's Court.
23. The bid specifies the number of consecutive calendar days required to reach substantial
completion of the project under normal conditions. Failure to comply with completion
time will be considered reason enough to enforce liquidated damages and/or cancel the
contract. If the job cannot be completed within the terms of the contract as determined by
Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety
shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as
liquidated damages, for each additional calendar day of delay past the thirty (30) days
stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said
sum shall be considered liquidated damages and shall not be considered as a penalty
against the Contractor.
24. Brazos County reserves the right to extend this Contract annually for a maximum of three
(3) additional one (1) year periods with no changes in the terms or conditions of this
Contract, if agreed upon by both parties.
25. The Contractor agrees to extend prices and terms to all entities that has entered or will
enter into joint purchasing inter -local cooperation agreement(s) with Brazos County.
26. Three (3) references are to be provided by Respondent. Failure to submit references may
result in disqualification of bid. Brazos County department references will not be accepted.
27. Contractor shall observe and comply with all federal, state and local laws, safety, and
health regulations, ordinances, and all regulations which in any manner effect conduct of
the work or services being performed.
Page 6 of 15
i
28. Any subcontracting must be approved prior to commencement of the Contract by Brazos
County.
29. Any variation from the specifications in this bid document must be indicated on the bid or
on a separate attachment to the bid and labeled as such.
30. Any brand name, or manufacturer's reference used is considered to be descriptive — not
restrictive — and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the bid documents
and accompanied by fully descriptive product literature. All substitutions will contain the
same active ingredients in the same percentages or quantity of the items listed in the bid.
If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item
specified.
31. The County does not guarantee to purchase any minimum or maximum quantities. If any
quantities are listed in the bid, they are estimated quantities used for calculating purposes
only.
32. In the event the Contractor is unable to furnish any item within a reasonable time after
lam,
order is placed due to strikes, war or any reason 'beyond the Contractor's control, the
County reserves the right to purchase these items from any source, without causing this
Contract to be canceled.
33. Brazos County will only be required 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.
34. The Contractor should submit itemized invoices with clearly marked remittance copies to
the following address:
Brazos County
ATTN: Auditors
P.O. Box 914
Bryan, TX 77806
Statements of accounts will not be sufficient to warrant payment. Unless other
arrangements have been made; all invoices to be paid in full within 30 days after
satisfactory delivery of commodities and or services and receipt of invoice at the listed
Page 7 of 15
address. Checks will be made payable to the Contractor only, and shall not include sub-
contractors, assignees, or any other party.
35. As a governmental subdivision, Brazos County is exempt from most types of taxes,
including but not limited to sales tax, excise tax, and import duties. Such costs must not
be included in bid prices. Tax Exemption Certificates can be obtained upon request from
County.
36. Upon award of Contract for any commodity or materials purchased by Brazos County, the
Contractor agrees to protect the County from any claim involving patent right
infringement, copyright infringement, sales franchise disputes.
37. Unless otherwise specified, all items ordered from the Contractor must be new, unused,
and in first class condition. Products usually packaged for commercial sale shall be
furnished in proper container so as to facilitate storage and handling.
38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s)
and the subsequent Contractor(s) 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 law.
39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding
anything to the contrary.
40. Respondent(s) understands that Brazos County is a governmental entity subject to Texas
State and Federal public information statutes. The requirements of Subchapter J, Chapter
552, Government Code, may apply to this bid and/or subsequent 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.
41. 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.
Page 8 of 15
1
42. The Contractor's work and materials shall comply with all state and federal laws,
municipal ordinances, regulations, and directions of inspectors appointed by proper
authorities having jurisdiction.
43. The Contractor shall perform and require all subcontractors to perform the work in
accordance with applicable laws, codes, ordinances, and regulations of the State of Texas
and the United States and in compliance with OSHA and other laws as they apply to its
employees. In the event any of the conditions of the specifications violate the code for
any industry, then such code conditions shall prevail.
44. The Contractor shall follow all applicable state and federal laws, municipal ordinances,
and guidelines concerning soil erosion and sediment control throughout the Project and
warranty term.
C. INSURANCE REQUIREMENTS
1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued and
then approved by Brazos County Risk Management. The Certificate of Insurance must be
approved by Risk Management before any deliveries can be made.
2. The Contractor shall furnish and keep in full force the following insurance during the term
of this Contract:
3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with
waiver of subrogation.
4. General Liability with limits for bodily injury and for property damages of not less than
$1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an
additional insured and waiver of subrogation.
a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and
Property Damage Liability.
b. Cargo Insurance to sufficiently cover materials transported.
5. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Contractor receives notification of award.
6. The Contractor agrees to release and hold harmless Brazos County from any and all claims
and liability due to the acts of the Contractor's employees and the operation of his
equipment. The Contractor also agrees to hold harmless Brazos County from any and all
expenses, including attorney fees, incurred by Brazos County in litigation or otherwise
Page 9 of 15
resisting such claims or liabilities as a result of the Contractor's employees' activities.
Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County
from and against all claims, demands and causes of action of every kind and character
brought by any employees of the Contractor against Brazos County due to personal
injuries and/or death to such employee resulting from any neglect act, by either
commission or omission on the part of the Contractor or Brazos County.
A REFERENCES
Respondent(s) shall provide a list of at least three (3) references, where work comparable
in quality and scope to that specified has been performed within the past five (5) years.
This list should include the names, phone number and email of the company/entity for
which the prior work was performed to contact these references. A negative reference may
be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County
as a reference.
Company/Entity: Brazos County CCL #2
Contact: Hon. Jim Locke
Phone: �(979) 361-4260
Email: jlocke(a,brazoscountztx.gov
Company/Entity: RETIRED SENIOR JUDGE
Contact: Hon. John Delaney
Phone: (979) 219-1100'
Email. i delaneyna,verizon.net
Company/Entity: 2ND REGION CHILD PROTECTION COURT #2
Contact: Hon. Andrea James
Phone: 936-539-7929
Email: andrea.iamesatxcourts.gov
Page 10 of 15
E. SPECIFICATIONS & QUOTE
1. The Contractor must provide accurate digital sound recordings to external servers.
2. The Contractor must provide and use own recording equipment including multiple
microphones.
3. The Contractor must have the ability to make in -trial playback in response to jury requests
or requests from the judge or parties.
4. The Contractor must have an available operator on all days in which the court needs the
services.
5. The Contractor must have ability to record via Zoom or other electronic means when
necessary.
6. The Contractor must have an Operator with understanding and experience in marking,
preserving, and filing of evidence exhibits.
7. The Contractor must have the ability to provide a copy of the recordings to the court by
email link no later than the next business day.
8. The Contractor must have the resources necessary to transcribe recordings in the form
required by Texas appellate courts in relatively prompt time periods, depending upon the
size of the record.
9. The Contractor must have experience making the contemporaneous log required by the
attached order allowing this court to use electronic recording rather than a shorthand
reporter.
10. The Contractor must meet all other requirements of the Brazos County Local Rules Order
(Exhibit A).
Provide the following information in your response.
11. The Contractor must include the process used to secure a backup if the intended operator
is unavailable. Please see attached
12. Please describe previous history of providing this service for other entities. Please see attached
I 13. Please provide a list and describe any equipment that will be provided by you and used on
r a daily basis. Please see attached
Page 11 of 15
14. The Contractor must describe the process used to provide recording and other services
required.
15. Quote:
Price per Hour: 0.00
Appearance Fee (on top of hourly fee): 407.04 (in -person) 290.00 (remote)
(This Appearance Fee must include all travel and misc. cost or fees).
Page 12 of 15
F. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276
Brazos County shall refuse to enter into a contract or other transaction with a person who owes a
debt to the County per V.T.C.A Local Government Code §262.0276.
1. This refusal to award a contract to or enter into a transaction with a person, pertains to an
apparent low bidder or successful proposer that is indebted to the County;
2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation,
partnership, joint venture, limited liability company, and any other entity that proposes or
otherwise seeks to enter into a contract or other transaction with the County requiring
approval by the Commissioner's Court;
3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written
agreements with the County.
4. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will
request a statement of account from the Brazos County Tax Office.
5. Any "debt" as defined above, that is reflected on the statement of account, will be
documented and placed in the bid file. The bid or proposal from the person with the debt
shall be considered "non -responsive" and "not responsible", eliminating it from any
further consideration of award.
6. These provisions shall apply to any "person" owned, partially owned, managed, operated
or represented by a "person" indebted to the County.
Please list all the names of the individuals that have ownership, officers, managers, and board of
directors that you have associated with your entity below.
Name ITitle (Owner, Officer, Director, Manager, Etc.)
C. McCriaht I CEO - 100 percent
Page 13 of 15
G. 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, httpsJ/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 federal, 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 httpsJ/www.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized to execute this
Contract.
The company representative below further affirms, that the company submitting this bid, under the provisions
of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not 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 taking
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
"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: Verbatim Reporting & Transcription, LLC
Authorized Company Representative: Kimberly C. McCright, CEO
Address:
Signature
Date: 1/3
Contract #: Direct line 520.861-0711 (cell)/ Office 281.724.8600
Page 14 of 15
H. The following items should be completed and included in your bid submission. Failure to
include these items will disqualify your bid.
13 References (Section D)
q V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section F)
® House Bill 89 & Debarment Verification (Section G)
Cl All Addendums (if applicable)
IN Certification of Bid (Section I)
I. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to 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
Typed Name: Kimberly C. McCright Title: CEO
Company Name: Verbatim Reporting & Transcription, LLC
Phone: 28.1.724.8600 (office)/520-861-0711 (cell)
Mailing Address: P.O. Box 58644, Houston, TX 77258
Email Address: kimberly(averbatimrt.com
Vendor Tax Identification Number: 20-3914344
END OF BID REQUEST NO.22-096 COURT RECORDER
Page 15 of 15
By signing below, Brazos County agrees that this bid, 22-096 will be awarded as dictated on the
associated bid tabulation sheet, to the Respondent whose name appears above and both parties
agree to terms and conditions
02
Brazos County Commissioner's Court: �;LA w. PC 'fit -lam , e0i.l..oyy OLt)(06
Date:
Attest:
f&W A A" Oq, a09 a
Brazos County Clerk: !Gt"i iy UO—Q ()6E71j
r~�
E -SPECIFICATIONS "E
SPECIFICATIONS & QUOTE
1
1 - 10 - Verbatim Reporting & Transcription has the required qualifications, experience,
equipment, and recorders necessary to adhere to and meet the expectations as outlined in these
sections. Further information as to the company and its personnel and qualifications is included
below.
Digital Court Recorders
Our DCRs are trained to efficiently annotate in their log notes the case caption, case number(s),
name and correct title of the Judge, Hearing Officer, Administrative Law Judge, Board Agent,
names of all attorneys and witnesses, changes in speakers, notations of examinations
(Direct/Cross/Voir Dire/Rebuttal/Off Record/On Record, etc.), as well as key words and
summaries of all testimony and evidence presented at hearings. They are well versed in the
procedures for their clients and will have a guide/checklist which covers the proper annotations
relative to your cases and depositions, proper marking of exhibits, both those received in
evidence and rejected, per Texas requirements.
Relative to your proceedings, DCRs will be equipped with the administrative tools such as
Exhibit lists, Spelling/Term confirmation sheets, Exhibit stamps (black ink), transcript order
forms, and storage containers/packaging for Exhibits. We are aware that sensitive information
may be discussed or presented via evidence at hearings and our DCRs are prepared to notify the
(' proper parties relative to the information being present in the record. In the event Exhibits are
L not tendered in a format compatible with digital conversion, the DCR will be prepared to take a
photograph of the Exhibit for conversion.
Our DCRs are required to present themselves for setup a minimum of 30-minutes prior to
proceedings and are expected to remain 30-minutes after to confirm spellings, answer questions,
organize exhibits and witness lists, and break down equipment. To further their expertise in
digital capture of the record, we mandate transcription training for each of our DCRs. This
training provides them insight into the best practices for recording proceedings. DCRs will
communicate with your staff to ensure that all proceedings are being recorded appropriately and
that all information for transcription accuracy is collected.
We have created a niche market in our industry resulting from our dedication to innovation in
digital technology and are known for our service excellence in the form of reliable and proficient
DCRs able to think on their feet to meet the needs of their clients, and the quick turnaround of a
quality transcript with minimal downtime. Our service history speaks for itself.
Listed below is a summary of the types of credentials and experience held by VRT digital
recorders and transcriptionists.
• Bachelor of Arts
• Associate's degree - Secretary Science Legal
Certified Professional Legal Secretary
'�� i Certified Paralegal
• Judicial Administration
30 years experience - AAERT certification/Federally approved
• 18 years experience - AAERT certification/Federally approved
• 15 years experience - Federally approved/AAERT member
• 25 years experience - AAERT certification/Federally approved
• AAERT Members - CETs/CERTs
We have a multi -level assignment process which involves dual-calendaring of incoming audio
and email alerts related to download of assigned audio, upload of completed transcriptions, and
audio download notifications. We also maintain a hard copy of all incoming assignments
detailing due dates, transcriptionist assigned, and delivery of the completed transcript to the
ordering party.
Digital Transcriptionists
VRT transcriptionists are taught to include with their completed transcripts a list of verified and
unverified spellings, indiscernibles, and audio problems related to their transcript. While in
proofreading, items in the list are addressed and corrected, if warranted.
_,VRT transcriptionists are held to a 99 percent standard and are continuously educated on new
procedures, formats, better and more efficient ways of transcribing and producing the record for
our clients. We provide constant feedback on their performance, and we welcome the same from
our clients. VRT transcriptionists are taught to include with their completed transcripts a list of
verified and unverified spellings, indiscernibles, and audio problems related to their transcript.
While in proofreading, items in the list are addressed and corrected, if warranted.
VRT Transcriptionists are continuously evaluated. Initially, all transcriptionists are proofed 100
percent against the audio. Once a transcriptionist has been released from 100 percent audio
proofing, their transcripts are 100 percent content proofed, with a minimum of teri percent audio
proofing required on each transcript.
Quality Control
Our company is considered by its clients and industry to have highly efficient transcriptionists,
renowned for flexibility, high quality accurate transcription services and timely turnaround on all
transcripts. Client satisfaction and quality of service are high priorities of the company. VRT
maintains these standards of service due to our focus on client needs, the company's management
structure, and business practices and staff expertise. We have the depth of resources to provide
fast turnaround of high -quality transcription services and are accustomed to meeting the specific
transcription requirements for our varied clients.
Internal Ouality Assurance Procedures
VRT is a service company that has always managed the quality of its operations. In line with
past trends to adopt quality standards, especially when supplying the Government, we
implemented our own in-house quality assurance process. We are confident that our in-house
process will adequately assure the production of a quality service.
t
We have adopted the KISS standard of doing business and based on this, have developed a very
streamlined and user-friendly approach to the scheduling of DCRs and the preparation and
distribution of transcripts. We have one point of contact with the authority to discuss cases,
address concerns, and immediately implement changes. Our team has a passion for what they do
and take great pride in their part in our industry. Our goal is to provide the best reporting and
transcription possible with the least amount of burden to our client.
As well as internally assessing our service standard, we welcome second party (client)
certification and assessment of the services we provide, and this will be conducted on a regular
basis for the duration of the contract.
Our daily work includes several quality control processes and check that have been built in.
The following list provides some examples of our quality system and approach:
• Close inspection of all process outputs to detect quality variations.
• Continual monitoring of processes for effectiveness and efficiency.
• Re -engineering of workplace practices and procedures as required to address any
consistent quality issues.
• Continual liaison with clients regarding their satisfaction of service provided.
• Daily the entire process of transcript production is monitored and controlled and
where variations in quality are detected, immediate steps are taken to identify the
.' cause and to rectify the problem.
• Transcriptionists are informed of the contractual obligations relating to service level
agreements with clients. Typist and monitors are continually reminded of the
stringent quality expectations required by VRT through regular team meetings.
• Transcriptionists are provided with extensive research material to ensure that they are
well versed with all technical situations and are encouraged to undertake additional
courses that will assist their ability and understanding of the legal profession.
• VRT provides resources and internet research tools for all staff members to ensure
accurate transcripts. DCRs are trained to collect and research correct spellings.
• Ongoing monitoring identifies if the solution was effective, if not, the issue is re-
examined, and alternative solutions implemented. When a problem is not detected
internally, but by the client, constant liaison with the client ensures the matter is
resolved to the satisfaction of both parties.
• Any quality issues are sent out immediately in the form of a memo to all concerned
and the problem is dealt with openly and honestly.
We offer a high level of value-added in our provision of services as follows:
• Our approach to recruitment and training of staff.
• A focus on skill development of Senior Management by providing opportunity for
professional and personal growth.
• Empowerment of our Professional Managers inviting input and decision making.
• Commitment to attracting and retaining high quality staff.
\_J
• Research and Development for faster and more efficient ways of delivery while
maintaining cost efficiency and value.
• Encouragement of continuous improvement and innovation from management and
employees in improving transcription services for clients.
• Continued attendance at Conferences relating to Education in relevant Technology.
• VRT consistently reevaluates our cost structures and systems and monitors and redefines
cost management strategies as part of our ongoing business development.
11- The Contractor must include the process used to secure a backup if the intended operator is
unavailable.
We have multiple digital court recorders available to meet the demand for coverage in Brazos
County and have a proven ability to successfully onboard new court recorders for Verbatim and
other courts and agencies. We have had the honor of installing digital recording software and
equipment in various courts across the United States, including Texas, and likewise, have trained
court personnel to serve as the digital court recorders for those courts. Verbatim -trained court
recorders not only have a developed expertise in capturing the court record, but they also have
the skills and training necessary to perform the administrative side of preparing and capturing the
court record.
We have the ability to capture a pristine record of proceedings held in court, via Zoom or by
other remote means, thus eliminating the worry of availability.
12 - Please describe previous history of providing this service for other entities.
COMPANY QUALIFICATIONS
VRT was created in 2005 because we saw a need in the industry. Our goal then and
continuing in 2020, is to best serve our client, both agency and courts, by providing them
excellent digital court reporting/recording and a timely and accurate transcription of their
proceedings. We understand the importance of the services we provide and expect our
reporters/recorders to be the top tier in our industry and our transcripts to be true and accurate
representations of the proceedings held in any matter on any given day. We have been
privileged to work with various courts and agencies throughout the years and have been able to
assist in determining the best processes and procedures for providing our industry's services.
Our key personnel, from the CEO to Management staff, digital court reporters (DCRs)
and transcribers, collectively have over 150 years of expertise in the reporting and transcription
industry. We have not been bought or sold or appointed an administrator; we are a stable, viable,
reputable company, servicing exclusively the Court Reporting Industry.
Over the past ten years, VRT has worked with its DCRs and transcriptionists to provide
digital reporting and transcription services across the United States. We continue to offer our
courts and agencies the most up to date court recording technology and transcription services.
As referenced in these pages, we transcribe for the Eighth Judicial District in Nevada, United
States District Court in Tucson, Arizona, Maricopa Superior Court in Arizona, the Alaska Court
System, along with several other jurisdictions. We have provided digital reporting services to
your County, multiple CPS Courts throughout Texas, as well as dozens of Courts across the
United States.
Our company is considered by the industry to be highly efficient; we are renowned for
our digital recording expertise, flexibility, high quality accurate transcription services and timely
turnaround. Client satisfaction and quality of service are high priorities of VRT. We maintain
these standards of service due to our focus on client needs, the company's management structure,
and business practices and staff expertise. VRT has the depth of resources to provide proficient
DCRs and fast turnaround of high -quality transcription services.
As such, we were contacted by the Honorable John Delaney in early 2013 to implement
digital reporting and transcription in the Child Protection Court for Brazos County, part of the
East Texas Cluster Court system operated by the Second Administrative Region. In Judge
Delaney's words, "They [VRT] are knowledgeable about the recording equipment, microphones,
and court procedures. The audio recording technology provides all the services that a typical
stenographic reporter would provide, plus additional ones that a steno reporter does not, e.g.,
verbatim audio playbacks, rapid informal access to recordings by attorneys and judge without
having to wait for transcription by a reporter, and a permanent archive of recorded proceedings
that remain the property of the county. I'm particularly drawn -to VERBATIM's services
because of their ability to use multiple transcribers to provide rapid transcription to meet
appellate deadlines without extensions."
This strategic placement of DCRs in Brazos County was the first of many courts which
transitioned to digital recording as the preferred method of capturing the court record in the state
of Texas.
We continue to work with courts and agencies in the legal industry; and provide digital
court reporting, transcription, and consulting as they relate to the legal community. Whether it is
in the capacity of reporting and transcription or recording solutions, we expect our
representatives to conduct themselves according to the situation and to be knowledgeable and up
to date on the latest technology and trends impacting our courts and clients.
VRT is unique in its approach to providing digital reporting and transcription services to
courts and agencies based largely in part on the legal background behind the company. We have
a passion for what we do as well as a compassion for the individuals navigating through the
system; we look for like-minded individuals in Verbatim team members and in the courts and
agencies we contract with. We are excellent at what we do and have developed a successful
method of servicing our clients. We hold ourselves to an extremely high standard and because of
that and our expertise, we have been successful.
Based upon our knowledge, experience, existing contract performance, and after
reviewing our response in its totality, we believe you will determine VRT to be more than
capable of providing digital recording and transcription services to your County.
VRT utilizes the latest in digital recording and transcription software. We are well
known as an expert in the digital recording community, and continue to provide ,consultation to
courts and agencies across the country, as well as outside of the United States, regarding finding
and training on the best implementation of resources and technology to ensure the verbatim
capturing of the record.
VRT's CEO, Kimberly C. McCright, has been providing digital court reporting, legal
transcription, training, and consulting work to the legal community for 25+ years. It is her
background and experience that is the very foundation of VRT's success and reputation today.
VRT currently services court systems throughout the country, including Arizona, Alaska,
Florida, Nevada, Colorado, Ohio, Pennsylvania, and Texas. It is a tiered level of management
with strategic balance between technology and personal contact that allows VRT to deliver
services in a timely manner with consistent quality.
VRT is a 100 percent woman owned, financially stable and viable S corporation that was
incorporated with Kimberly C. McCright holding the position of CEO/President and sole
shareholder. VRT does not have a Board of Trustees to slow down its adaptation to new client
processes and procedures. Quite the opposite, VRT is a fluid moving corporation with complete
support from its CEO.
VRT practices a proactive approach with its commitment to ethics and its relationships
with its clients as well as its reporting and transcription teams. VRT begins this approach with
the requirement of certification for all its digital reporters/recorders and transcribers, mentoring
new staff, and ensuring the highest quality professionals. VRT assigns a dedicated transcription
and management team to all its accounts, including a primary point of contact who will act as the
liaison between the County and VRT. In addition to the special attention given to the training of
professional digital reporters and transcribers, VRT distinguishes itself from others by its vast
knowledge and experience with digital court reporting systems and the transcription process.
We are not monetarily motivated, rather, we believe in our judicial and administrative
i process and the role we have been fortunate to play in that process daily. As one of the few true
sole source providers of digital reporting, transcription, consultation and training to courts and
agencies, and based on our background in the legal system, we are in the very unique position of
understanding what courts and agencies expect from their reporting and transcription vendors,
what litigants hope to achieve in their cases, and what the best tools would be to achieve all
parties' goals and objectives. We respectfully offer you our services.
COVID-19
Pursuant to the Governor's March 16, 2020 suspension of certain provisions of the Texas Open
Meetings Act, beginning June 2020, our clients, including your County, have been meeting
remotely. We are well -versed in remote recording and capture of proceedings via Zoom, Blue
Jeans, CourtCall, WebEx, and GoToMeeting, and have been privileged to assist in the training
and implementation of several of our clients across the United States to successfully transition to
these platforms. As with your County, our highest priority is and will remain the safety of our
employees and contractors.
13 - Please provide a list and describe any equipment that will be provided by you and used on
a daily basis
Our reporters work with the latest in court technology. They are each equipped with a 4 or 8
channel digital mixer, a high performance laptop, a backup recording device that operates
independently from the laptop for true redundancy, up to 10 top of the line digital microphones
to clearly capture everything that is being said, and a high resolution camera if video capture is
requested.
Each laptop is password protected and passwords are changed on a cycle. Each laptop can
securely transfer the recorded audio back to our central audio server. This allows us to efficiently.
provide prompt and daily transcripts if needed. The audio will be transferred over our secure
network which we manage.
Once the audio is back at our central audio server, we then assign the jobs for transcription. Our
transcriptionists access the audio from this central server securely through our proprietary
platform and transcribe the audio. Once complete, the transcript is placed back on the server
waiting for our production and quality control verification.
14 - The Contractor must describe the process used to provide recording and other services
required
Digital Recording System
VRT recording systems are comprised of a laptop running the latest version recording software.
This laptop will be connected to a multi -channel mixer for audio recording. Our mixers have
support for 8 microphones. The microphones will be connected to the mixers via XLR cables.
Our DCRs are trained how to lay down cabling in a safe manner and how to make sure that there
are no tripping hazards, etc. The mixers also have a monitor output which will be connected to a
backup recording device.
We follow an in-depth but simple process when it comes to training our DCRs and
transcriptionists. This method is used for new DCRs and transcriptionists and for special
training for new clients. The following steps are undertaken:
• Prepare - Trainer and Trainee notified of starting time. Trainer prepares all necessary
equipment and training materials.
• Present - Trainer goes through introduction to client processes for reporting and
transcription (this will include the specific requirements for NLRB), and takes the
trainee through all training resources including transcription software/equipment, our
computer systems, manuals, samples, macros, etc. Trainee shadows a "buddy" to get
him/her started.
• Tryout - Trainee begins to type delayed transcript or log notes and asks any questions
during this process if necessary. Trainer is on hand to assist where necessary.
• Follow up - Trainer sound checks work completed by Trainee and provides detailed
verbal and tracked feedback to ensure trainee understands any errors picked up, key
words missed.
• Steps 3 and 4 are continued over a period of two weeks or until both Trainer and
Trainee are confident trainee is ready to be trained on providing the services as
required. Feedback is provided on an ongoing basis to ALL DCRs and
transcriptionists regardless of experience.
C')
Retention of Staff — our main asset
Retention of DCRs and transcriptionists is particularly important to us; motivation breeds
excellence. We provide the following to retain our team:
In depth training procedures outlined above with continued follow-up and feedback to maintain
the confidence level of our team, which minimizes stress.
Performance reviews are provided formally annually, although communication lines are always
open should anyone have any questions or require feedback, whether positive or constructive,
during their time with us.
We prefer to cross -train all team members enabling them to transcribe or report for a variety .of
jurisdictions or clients using a variety of macros and manuals. This ensures our team does not
become complacent in one task and are continually developing and learning; providing their
performance meets our exacting standards.
VRT has an open-door policy where two-way communication is always encouraged.
Thank you!
It is an honor to submit our response
to your solicitation; we welcome the
opportunity to continue providing
services to Brazos County.
Kimberly C. McCright, CEO
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,Leo.'Carson,. Vice'PreeidentStrategic Sales Josue L9yola, ..Brazos. County Purchasing Department
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Melissa White, Brazos County Juvenile Services
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'SIGNATURE
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pgreernent."binling on the -Party and er%rdeab e in accordance with the Particip6iing AOdendu %'terms.prdhat
the Undersigned is duly authorized and bag. Iiieg al -capacity to exec ute-and deliver'this POOPAf1h4 Addendum and'
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INVITNESS WHEREOF, the Parties -.'ha Ve.eteputed thls':ParficiOating Adden'dum.
.'CONTRACTOR;
Ffip.ted Name
'Chief Financial "Offider
Title
Page ldfa
Version t2623.06.15-
DuanePeters
Printed Name
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Valuehint,
Master Agreement Number:
22PSX0021
Electronic Monitoring Products and Services
State of Connecticut
AND
Sentinel Offender Services, LLC
laster Agreement 22PSX0021
This contract (the "Master Agreement") is made by and between, Sentinel Offender Services, LLC (the
"Contractor") and the State of Connecticut, acting by its Department of Administrative Services ("DAS") in
accordance with sections 4a- 2, 4a-51 and 4d-2 of the Connecticut General Statutes, and acting in
connection with the NASPO ValuePoint cooperative contract consortium of the National Association of
State Procurement Officers, Inc.
The Contractor and the State agree as follows:
1. Definitions
The following definitions apply in this Master Agreement, except to the extent modified in Exhibit A,
Deliverables Document, in which case Exhibit A, Deliverables Document controls.
a. Acceptance
Determination made by the Purchasing Entity upon successful User Acceptance Test that the
Deliverable has satisfied the Acceptance Criteria itemized in the SOW, performs to the
Specifications, and fulfills the business and technical requirements of the Master Agreement.
b. Acceptance Criteria
Client Agency requirements for Deliverable Acceptance.
c. Acceptance Date
The date the Purchasing Entity accepts a Deliverable or System in accordance with this Master
Agreement.
d. Administrator
A designated Purchasing Entity representative who is responsible for managing the Purchasing
Entity's User access to the Hosting Environment. The Administrator shall be responsible for
implementing a role -based security policy process for access to the Hosting Environment.
f. Business Day
A day of the week recognized by the Purchasing Entity as a workday, exclusive of Saturdays,
Sundays and any Lead State or federal holiday.
g. Claims
All actions, suits, claims, demands, Investigations, and proceedings of any kind, open, pending,
or threatened, whether mature, un-matured, contingent, known or unknown, at law or in equity in
any forum.
h. Confidential Information
Any name, number or other information that may be used, alone or in conjunction with any other
information, to identify a specific individual including, but not limited to, such individual's name,date of
birth, mother's maiden name, motor vehicle operator's license number and residential address, Social
Security number, employee identification number, employer or taxpayer identification number, alien
registration number, government passport number, health insurance identification number, demand
deposit account number, savings account number, credit card number, debit card number or unique
Page 2 of 37
Master Agreement 22PSX0021
biometric data such as fingerprint, voice print, retina or iris image, or other unique physical
representation. Without limiting the foregoing, Confidential Information shall also include any
information that the Lead State classifies as "confidential" or "restricted:' Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal,
i state, or local government records which are lawfully made available to the general public.
i. Confidential Information Breach
Generally, an instance where an unauthorized person or entity accesses Confidential Information
in any manner, 'including but not limited to the following occurrences: (1) any Confidential
Information that is not encrypted or protected is misplaced, lost, stolen or in any way
compromised; (2) one or more third parties have had access to or taken control or possession of
any Confidential Information that is not encrypted or protected without prior written authorization
from the State; (3) the unauthorized acquisition of encrypted or protected Confidential Information
together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information; or (4) if there is a substantial risk of identity theft or fraud to the
Purchasing Entity, the Contractor, or State.
j. Contractor IP
Contractor's materials and other intellectual property (1) in -existence prior to this Master
Agreement, (2) created, developed or acquired during the Term but not exclusively for the State,
or (3) identified as Contractor IP in the applicable SOW; or (4) otherwise developed or acquired
independent of this Master Agreement and employed by the Contractor in connection with the
Deliverables.
k. Contractor Parties
Contractor's members, principals, directors, officers, shareholders, partners, managers,
representatives, agents, servants, consultants, employees or any one of them or any other
person or entity with whom the Contractor is in privity or with whom Contractor contracts to
Perform under this Master Agreement in any capacity.
I. Corrective Action Plan, or CAP
A detailed written plan produced by Contractor at the request ofthe Purchasing Entity to correct
or resolve a Breach identified by the Purchasing Entity in accordance with the Breach section of
this Master Agreement.
m. Deliverable
Each (1) Good, Service, Maintenance Services, Improvement, Material, Documentation; System,
process or information of any type, whether stand-alone or intended as part. of the integration of
the System with existing hardware or software of the State, and whether or not used for
administrative, maintenance, consulting, training, data warehousing, operations, support, hosting,
or fulfillment of Performance,; and (2) warranty of a Deliverable(s) that is listed in the Pricing
Schedule or provided by Contractor as an element of Contractor's overall approach and solution
to the requirements of this Master Agreement. Any one of them or a combination of any of them
may be developed or produced by Contractor or by a third party as a supplier or subcontractor to
Contractor.
n. Deliverables Document
Exhibit A which sets forth and describes the Deliverables that are to be provided or made
available. to the State and Participating Entities under this Master Agreement or in a Statement of
Page 3 of 37
Agreement 22PSX0021
Work, as applicable, and the specific requirements and terms applicable to those Deliverables.
o. Documentation
All Specifications; all technical, systems and user reference manuals; all System documentation
related to each component of the System, Deliverables and processes; and any Improvements to
any of them.
p. Reserved
q. Force Majeure Event
Strikes, lockouts, riot, sabotage, rebellion, insurrection, acts of war,. acts of terrorism, failure of or
Inadequate permanent power, fire, flood, earthquake, epidemics, natural disasters, and acts of
God.
r. Goods
All things which are movable, including, but not limited to, electronic monitoring devices,
supplies, materials, equipment, hardware, software, specially manufactured things, a component
Incorporated into another thing and things that are attached to real property and that may be
severed from the real property without material harm to the things.
s. Goods or Services
Goods, Services or both, as specified in the Solicitation and set forth in Exhibit A, Deliverables
Document
t. Go -Live Date '
The date of Participating Entity or Purchasing Entity's access to and use of the System, upon
and after which the System must Perform in accordance with the Documentation, as the date
may be extended from time to time in accordance with the Participating Addendum, Purchase
Order, or Statement of Work applicable to the installation.''
u. Hosting Environment
Collectively the platform, environment, and conditions on, in, or under which the Licensed
Software is intended to be installed and operate, as set forth in this Master Agreement, including
such structural, functional and other features, conditions and components as hardware, operating
software, System architecture and configuration.
v. Hosted Services
The provision, management, operation, support, warranty and maintenance of the Licensed
Software within the Contractor's setting or location including Contractor's services identified in
Exhibit A, Deliverables Document.
w. Improvement
Any Contractor changes, patches, corrections, repairs, replacements, additions, modifications,
enhancements, updates, releases, revisions, error fixes, bug fixes or any new versions of
Deliverables, or any combination of the foregoing, that are to be or may be provided as a
Deliverable from time to time. An Improvement may serve any purpose. Improvements do not
Page 4 of 37
Agreement 22PSX0021
include upgrades to software for which Contractor charges its customers, or upgrades by a
Licensor that is charging Contractor for such upgrade.
x. Reserved
y. Reserved
z. Lead State
The State of Connecticut, acting by the DAS.
aa. Licensed Software
The commercial, off -the -shelf products provided by. Contractor in connection with the
Deliverables, for which the Purchasing Entity or the Lead State acquires a, personal, non-
exclusive, non- transferable license to access and use, but does not acquire the Licensor's title to,
such computer program(s).
bb. Licensor
The party who licenses all or any part of a Deliverable either to the Participating Entity or
Purchasing Entity, in the case of the Contractor, or to the Contractor, in the case of a third party
provider.
cc. Maintenance Services
The software and process support services described in this Master Agreement, a Participating
Addendum, or a Statement of Work, as applicable.
dd. Reserved
ee. Materials
Collectively, software programs, literary works, other works of authorship, documented specifications,
designs, analyses, processes, methodologies, concepts, inventions, know-how, programs, program
listings, program tools, Documentation, reports, drawings, data bases, spreadsheets, machine
readable text, models and work product, whether tangible or intangible.
ff. NASPO ValuePOint:
A division of the National Association of State Procurement Officials CNASPO"), a 501(c)(3)
corporation through which NASPO administers the NASPO cooperative group contracting
consortium of state chief procurement officials for the benefit of state departments, institutions,
agencies, and political subdivisions and other eligible entities, the District of Columbia, and
territories of the United States.
gg. Participating Addendum ("PA")
A bilateral agreement executed by a Contractor and a Participating Entity incorporating this
Master Agreement and any additional Participating Entity -specific terms, language or other
requirements, such as ordering procedures specific to the Participating Entity.
hh. Participating Entity
Page 5 of 37
Master Agreement 22PSX0021
i
A state, or other legal entity, that enters into a Participating Addendum.
ii. Perform
All acts and things of the Contractor and Contractor Parties, severally and collectively, that are
necessary or appropriate to fulfill or accomplish this Master Agreement fully, including the
Deliverables and all other Master Agreement obligations. The word "Perform" includes all parts of
speech.
fj. Performance Criteria
Operation of the Deliverables in compliance with all Specifications and Documentation and
complying with the requirements of this Master Agreement, a Participating Addendum, and a
Statement of Work, as applicable.
kk. Price Schedule
Exhibit B to this Master Agreement which when read in conjunction with Exhibit A. Deliverables
Document, lists the Deliverables available under this Master Agreement and establishes the
components, unit pricing and price schedules for each Deliverable.
II. Reserved
mm. Purchase Order
A written or electronic document that the Purchasing Entity issues for one or more Deliverables in
accordance with the terms of this Master Agreement.
nn. Purchasing Entity
A Participating Entity, or a city, county district, or other political subdivision of the Participating
Entity, or a nonprofit organization authorized under a Participating Addendum, who issues a
Purchase Order against thp Master Agreement and becomes financially committed to the
purchase.
oo. Purchasing Entity Data
Any data or information of the Purchasing Entity that Contractor receives or creates by any
means and in any form in connection with this Master Agreement, Deliverables or Performance,
including data and information with respect to any one or more of the following: databases,
systems, operations, facilities, and regulatory compliance.
pp. Records
All working papers and such other information and materials furnished or prepared by the
Contractor in Performing including but not limited to, documents, data, plans, books,
computations, drawings, specifications, notes, reports, records, estimates, summaries,.
memoranda and correspondence, kept or stored in any form.
qq. Replacement Deliverable
Any new Deliverable that replaces a previously accepted Deliverable.
rr. Services
Page 6 of 37
Agreement 22PSX0021
The labor or work, necessary or appropriate for the Contractor to Perform.
ss. Service Level Agreement ("SLA")
Exhibit C which sets forth and describes the service level and maintenance and support agreement or
those performance standards, response times and associated obligation between. the parties, that may
be set forth in this Master Agreement, in a Participating Addendum or in a Statement of Work, as
applicable.
tt. Site
Location(s) specified by the Purchasing Entity where Deliverables are to be installed, Services
rendered, or materials furnished.
uu. 'Solicitation
The Lead State's request, in whatever form issued, inviting bids, proposals or quotes for
Deliverables, typified by, but not limited to, an invitation to bid, request for proposal, requests for
information or request for quotes. The Solicitation and this Master Agreement shall be governed
by the statutes, regulations and procedures of the Lead State. The Solicitation is incorporated
into and made a part of this Master Agreement as if it had been fully set forth in it if, but only if,
the Solicitation is in the form of an invitation to bid, request for information or request for quotes.
A Solicitation in the form of a request for proposal is not incorporated into this Master Agreement
in its entirety, but, rather, it is incorporated into this Master Agreement only to the extent
specifically stated in Exhibit A, Deliverables Document.
vv. Solicitation Response
A submittal in response to a Solicitation.
ww. Specifications
Contractor's published technical and non -technical detailed descriptions of each Deliverable's
capabilities,, or intended use or both, as more fully set forth in this Master Agreement, a
Participating Addendum, or a Statement of Work, as applicable.
xx. Statement of Work ("SOW")
Statement issued in connection with a Purchase Order for a Deliverable available under this
Master Agreement which sets forth all work and payment requirements for Contractor's
Performance in connection with said Purchase Order.
yy. System
Contractor furnished or otherwise supplied Deliverables that collectively and in an integrated
fashion fulfill the Performance Criteria and the business and technical requirements of this Master
Agreement, a Participating Addendum, or SOW, as applicable.
zz. Term
The original term of this Master Agreement plus any extensions exercised under this Master
Agreement.
aaa. Termination
Page 7 of 37
Master Agreement 22PSX0021
An end to this Master Agreement prior to the end of its Term.
bbb.Title
i
All ownership, title, licenses, rights and interest, including, but not limited to, perpetual use, of and
to the Deliverable.
ccc. Reserved
ddd. Upgrade
A change to the primary version number of the Licensed Software, generally providing additional
features or functionality.
eee. Update
A change to the Licensed Software to correct bugs or defects, patches or changes to enable the
Licensed Software to operate on new or upgraded operating platforms.
fff. User
A Purchasing Entity representative that may access the System. User access will be subject to
role -based security implemented by the Purchasing Entity's Administrator.
ggg. User Acceptance Test
Those procedures that permit the Purchasing Entity to authenticate and test the functionality of a
Deliverable with real world scenarios to determine if the Deliverable performs in accordance with
this Contract.
hhh. Warranty Period
The twelve (12) month period commencing upon the Acceptance Date for the System or
Deliverable.
2. Term of Master Agreement; Master Agreement Extension
This Master Agreement will be In effect from the date that the last party executes (the "Effective
Date") and will continue for three (3) years. The parties, by mutual agreement, may extend this
Master Agreement for additional terms beyond the Term, prior to Termination or expiration, one or
more times for a combined total period not to exceed the complete length of the original Term, but
only in accordance with the Section in this Master Agreement concerning Master Agreement
amendments.
3. Deliverables
Contractor shall sell, transfer, convey and license, as appropriate, to the Purchasing Entity each
Deliverable and Perform in accordance with this Master Agreement, applicable Participating Addendum,
and the SOW, as applicable. The Deliverables are set forth in accordance with Exhibit A, Deliverables
Document and shall be acquired through duly issued Purchase Orders.
a. Any Purchase Order accepted by Contractor is subject to the terms of this Master Agreement and
the applicable Participating Addendum and shall remain in effect until Purchasing Entity Accepts
Page 8 of 37
Master Agreement 22PSX0021
full Performance of all Deliverables contained in the applicable Purchase Order, unless
i terminated sooner under the terms of this Master Agreement and the applicable Participating
Addendum. Neither party shall be bound by any additional substantive terms that may appear in
any Purchase Order. If a Purchase Order includes any such terms, then they shall be void ab
Initio and have no effect.
b. Notwithstanding any other provision of this Master Agreement, Contractor shall not make any
material change to the Deliverables that alters the nature or scope of the Deliverables or their
Intended use without the prior written consent of the Purchasing Entity. The Purchasing. Entity
shall not give Its consent unless the changed Deliverables are of a similar nature and have a
similar use as the original Deliverables.
C. No additions to or reductions In the Deliverables and prices for work completed in the
Performance of any Purchase Order shall be permitted unless the Purchasing Entity issues a
change order -in accordance with. this Master Agreement.
d. Purchasing Entity shall issue a Purchase Order when acquiring any Deliverable or Service
available under this Master Agreement and, if appropriate, a SOW mutually acceptable to the
Purchasing Entity and the Contractor.
e. PARTICIPATION AND PAYMENTS:
The terms of this Master Agreement are applicable to any Purchase Order issued by a
Purchasing Entity, except to the extent altered, modified, supplemented or amended by an
applicable Participating Addendum. Any alterations, modifications, supplements or amendments
to the terms of the Master Agreement as they apply to a Participating Entity and any Purchasing
Entity ordering under the Participating Entity's Participating Addendum must be addressed in the
Participating Addendum. Such alterations, modifications, supplements or amendments in a
Participating Addendum apply only to the Participating Entity and Purchasing Entities ordering
under said Participating Addendum. With the consent of the Participating Entity and Contractor,
alterations, modifications, supplements or amendments to the terms of the Master Agreement
and applicable Participating Addendum as they apply to a Purchasing Entity may be Included in
the Purchasing Entity's Purchase Order. Such alterations, modifications, supplements or
amendments .in a Purchase Order apply. only to.the. Purchasing Entity..
Use of this Master Agreement is subject to the approval of the respective state's chief
procurement official, or their designee. Subject to applicable law, issues of interpretation and
eligibility for participation are solely within the authority of the respective state's chief procurement
official, or their designee.
This Master Agreement and the Participating Addendum are binding only upon the Contractor
and the corresponding Participating Entity or Purchasing Entity or both. The financial obligations
of any Purchasing Entity are limited to those obligations set forth in the Purchase Orders that
such particular Purchasing Entity issues. The terms of a Participating Addendum or other
participating addenda do not and will not be construed to amend the terms of this Master
Agreement between the Lead State and Contractor.
Entities who are not states may sign their own Participating Addendum if and to the extent that
the appropriate procurement official of the state where the Participating Entity is located (or such
other approval as may be required by law) gives prior approval of such participation in writing. A
chief procurement official's approval to a non -state entity to participate through execution of a
Participating Addendum is not a determination that the non -state entity has the necessary or
appropriate authority to enter into the Participating Addendum. Prior to executing a Participating
Addendum, each Participating Entity must ensure that it has the requisite authority to execute a
Participating Addendum under Its applicable laws and regulations.
Page 9 of 37
[aster Agreement 22PSX0021
Payment for all Accepted Deliverables are due within forty-five (45) days after Acceptance of the
Deliverables. The Contractor shall submit an invoice to the Purchasing Entity for the
Performance. The invoice shall include detailed information for Deliverables, delivered and
Performed, as applicable, and Accepted. Any late payment charges shall be calculated in
accordance with Purchasing Entity's applicable law.
4. Payments and Credits
a. The Purchasing Entity shall pay for Deliverables only upon Acceptance pursuant to this Master
Agreement, the applicable Participating Addendum, and a SOW, as applicable, and receipt of a
properly documented invoice from the Contractor. At the Purchasing Entity's request, Contractor
shall submit to the Purchasing Entity such documentation as the Purchasing Entity deems it to be
necessary or appropriate to justify and support the Performance detailed in any invoice, prior to
the Purchasing Entity approving the invoice for payment.
b. The Purchasing Entity shall pay Contractor upon Acceptance within net forty-five (45) days after
each calendar month end and receipt of Contractor's properly documented invoice and
supporting detail, whichever is the later date.
C. Contractor shall furnish separate invoices for each Purchase Order and shall itemize each charge
included in each invoice as a separate line item.
d. Contractor may supplement Exhibit B, Price Schedule to make additional services and related
terms available to Participating Entities. The supplement will only be deemed to be accepted by
the Lead State if the latter issues an Addendum to the Master Agreement indicating its
concurrence with the supplement.
e. No additions to or reductions in the Deliverables and prices for work completed in the
Performance of any Purchase Order shall be permitted unless the Purchasing Entity issues a
change order in accordance with the provisions of Section 11.
5. Order and Delivery
The Contractor shall Perform in accordance with Exhibit A, Deliverables Document and at the prices
set forth in Exhibit B, Price Schedule. Except as it may otherwise be set forth in Exhibit A,
Deliverables Document or Exhibit B, Price Schedule, as applicable, the Contractor shall deliver the
Goods F.O.B. wherever specified by the Purchasing Entity in its Purchase Order or in another
communication to Contractor. The administration and Performance of this Contract are facilitated by
and in accordance with certain provisions of the NASPO ValuePoint cooperative contract consortium
of the National Association of State Procurement Officers. Those provisions are set forth in Exhibit D,
NASPO ValuePoint Provisions.
6. Purchase Orders
a. This Master Agreement itself is not an authorization for the Contractor to begin Performance in
any way. The Contractor may begin Performance only after it has received a duly issued
Purchase Order against this Master Agreement and an applicable Participating Addendum for
Performance.
b. The Purchasing Entity shall issue a Purchase Order against a Participating Addendum
incorporating this Master Agreement directly to the Contractor and to no other party.
C. All Purchase Orders shall be in written or electronic form, bear the Master Agreement number
and Participating Addendum number (if any) and comply with all other Participating Entity and
Purchasing Entity requirements, particularly the Purchasing Entity's requirements concerning
Page 10 of 37
Master Agreement 22PSX0021
procurement. Purchase Orders issued in compliance with such requirements shall be deemed to
be duly issued.
d. A Contractor Performing without a duly issued Purchase Order in accordance with this Section
does so at the Contractor's own risk and does not impose on a Purchasing Entity any
corresponding obligation.
e. The Purchasing Entity may, in its sole discretion, deliver to the Contractor any or all duly issued
Purchase Orders via electronic means only, such that the Purchasing Entity shall not have any
additional obligation to deliver to the Contractor a "hard copy" of the Purchase Order or a copy
bearing any hand-written signature or other "original' marking.
7. Time of the Essence
Time is of the essence, with respect to -all provisions of this Master Agreement that specify a time for
Performance; provided, however, that this provision shall not be construed to limit or deprive a party
of the benefits of any grace or use period allowed in this Master Agreement.
8. Waiver
a. No waiver of any Breach of this Master Agreement shall be interpreted or deemed to be a waiver
of any other or subsequent Breach. All remedies afforded in this Master Agreement shall be taken
and construed as cumulative, that is, in addition to every other remedy provided in this Master
Agreement or at law or in equity. Any waiver by the Lead State, a Participating Entity, or a
Purchasing Entity must be in writing.
b. A party's failure to insist on strict performance of any provision of this Master Agreement shall
only be deemed to be a waiver of rights and remedies concerning that specific instance of
Performance and shall not be deemed to be a waiver of any subsequent rights, remedies or
Breach.
9. Deliverable Evaluation, Acceptance and Ownership
a. Any Deliverable furnished by Contractor under the terms of this Master Agreement will be subject
to Acceptance Testing. User Acceptance Testing (UAT) for each Deliverable begins as of the
date the Purchasing Entity notifies the Contractor in writing that the Deliverable provided for UAT
has successfully met the Acceptance Criteria, successfully delivered and/or installed in the
development and testing computer environment and is ready for UAT. The following procedures
will apply during UAT:
1. The Purchasing Entity shall provide Contractor with (a) written notice of Acceptance of the
Deliverable or (b) a written statement which identifies in reasonable detail, with references to
the applicable requirements, the deficiencies preventing Acceptance.
2. Contractor shall have five (5) Business days, or such other period mutually agreed upon by
the parties in writing, from the date it receives the notice of deficiencies to complete
corrective actions to make the Deliverable conform in all material respects to the applicable
Specifications. The Purchasing Entity shall review the corrected Deliverable and notify
Contractor in writing of acceptance or rejection in accordance with the foregoing provisions of
this Section.
3. The Acceptance Date for a Deliverable shall be the date of written notice of Acceptance of
the Deliverable from Purchasing Entity to Contractor.
b. If UAT for the System is successfully completed, the Purchasing Entity shall in writing notify the
Page 11 of 37
aster Agreement 22PSX0021
Contractor of the Purchasing Entity's Acceptance of the System, and the date of such notice will
be the Acceptance Date for the System.
C. If requested by Contractor, Purchasing Entity shall complete Contractor's acceptance certificate,
in a form reasonably acceptable to Purchasing Entity, so long as such certificate does not amend,
alter or modify in any way the terms of this Master Agreement.
d. A Purchasing Entity shall own all Deliverables provided to it by Contractor under this Master
Agreement, subject to subparagraph e) below.
e. The Purchasing Entity shall have a nonexclusive, nontransferable license to access and use,
alter, modify, create derivative works (without the right to sublicense) and copy Contractor IP in
connection with the Purchasing Entity's business needs and operations if Contractor IP is
provided to the Purchasing Entity by Contractor in order to Perform any Services or provide
any Deliverables required under this Master Agreement: Nothing in this provision shall be
construed as transferring to the Lead State, Participating Entity, or Purchasing Entity any
ownership interest or rights to Contractor IP.
f. if any Deliverable becomes the actual or prospective subject of any patent, copyright, license or
proprietary rights claim or proceeding, Contractor shall do one or more of the following at the
option of Contractor:
1. Modify the Deliverable or substitute another equally suitable Deliverable (provided that the
function of the modified or substitute Deliverable equals or exceeds that of the original
Deliverable);
2. Obtain for the Purchasing Entity the right to continued use of the Deliverable; or
3. If neither 1 nor 2 above is commercially reasonable, Purchasing Entity shall discontinue use
of the Deliverable subject to such claim or proceeding and the Contractor shall refund the
Purchasing Entity the fees paid for the Deliverable.
g. Each party reserves for itself all proprietary rights not expressly granted to the other. Contractor
shall not be -limited in developing, using or marketing services or products which are similar to the
Deliverables or Services provided under this Master Agreement.
10. Data: Access and Ownership
a. Access to Master Agreement and State Data
The Contractor shall provide to the Purchasing Entity access to any data, as defined in Conn.
Gen Stat. Sec. 4e-1, concerning the Master Agreement and the Purchasing Entity that are in the
possession or control of the Contractor upon demand and shall provide the data to the
Purchasing Entity in a format prescribed by the Purchasing Entity and the State Auditors of Public
Accounts at no additional cost.
b. Ownership of Data
1. All ownership, title, licenses, proprietary rights and interest (including, but not limited to,
perpetual use) (for purposes of this Ownership of Data Section, collectively, "Title") of and to
any and all data as defined in section 4e-1 of the Connecticut General Statutes, ("Data") that is
uploaded, collected, stored, held, hosted, located or utilized by the Purchasing Entity or
Contractor and Contractor Parties'directly or indirectly in connection with this Master
Agreement at all times is and will always remain vested in the Purchasing Entity. At no time
will Contractor have Title to such Data, wherever located.
Page 12 of 37
Master Agreement 22PSX0021
2. At no cost to the State the Contractor and Contractor Parties shall, no later than fifteen (15)
days after (i) receiving a written request from the Purchasing Entity or (ii) Termination for any
reason, deliver and transfer possession to the Purchasing Entity all of the Data, in a format
acceptable to the Purchasing Entity.
3. At no cost to the Purchasing Entity, the Contractor and Contractor Parties shall, no later than
fifteen (15) days, unless otherwise mutually agreed to in writing by the Parties, after (i)
receiving a written request from the Purchasing Entity, (ii) receiving final payment from the
Purchasing Entity, or (iii) Termination for any reason, over -write and securely delete all of the
Data, such that the Data will be expunged in a manner to make retrieval of the Data impossible.
4. The Contractor's failure to deliver and transfer possession of the Data to a duly authorized
agent of the Purchasing Entity shall constitute, without more, a de facto breach of this Master
Agreement. Consequently, the Contractor shall. indemnify -and hold harmless the Purchasing
Entity, the Participating Entity, and the Lead State, as appropriate, for any and all damages,
costs and expenses associated directly or indirectly with such failure. The damages, costs and
expenses shall include, but not be limited to, those resulting from any corresponding contracting
for credit or identity protection services, or both, and from any subsequent non- Purchasing
Entity use of any Data. If Contractor Parties will Perform for any purpose under this paragraph,
the Contractor represents and warrants that it shall cause each of the Contractor Parties to so
Perform and that each has vested in the Contractor plenary authority to cause the Contractor
Parties to Perform. For purposes of this Ownership of Data Section, "Perform" shall include, but
not be limited to, the obligations relating to the sale, transfer of Title, removal and transfer of
possession of the Data and indemnifying and holding harmless the Purchasing Entity, the
Participating Entity, and the Lead State. The Contractor on its own behalf and on behalf of the
Contractor Parties shall also provide, no later than 30 days after receiving a request by the
Purchasing Entity, such information as the Purchasing Entity may identify to ensure, in the
Purchasing Entity's sole discretion, compliance with the provisions of this Ownership of Data
Section. This Ownership of Data Section survives Termination.
11. Change Order Within Scope
The Purchasing Entity may, at any time, with thirty (30) calendar days' advance written notice to
Contractor, request changes to the Deliverables that come within the scope *of the Master Agreement
or the SOW, as applicable. Contractor shall not deny or delay approving the request. The request
may include, but is not limited to, modifications or other changes required to correct System
deficiencies, and changes required by new or amended State or federal laws and regulations or both
that are included in the Deliverables in Exhibit A, Deliverables Document. Contractor shall make any
changes to the Deliverables that are required due to Deliverable deficiencies or failure in accordance
with the requirements of this Master Agreement, without charge. Contractor shall at its sole cost and
expense conduct any investigation necessary to determine the source of the problem requiring the
change. No additions or reductions in the Deliverables and prices for work completed in the
Performance of any Purchase Order shall be permitted unless the Purchasing Entity issues a change
order in accordance with this Section.
12. Rejected Items; Abandonment
a. The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be
brought, to any Purchasing Entity premises or other destination, Goods, as samples or otherwise,
and other supplies, materials, equipment or other tangible personal property. The Purchasing
Entity may, by written notice and in accordance with this Master Agreement, direct the Contractor
to remove any or all such Goods ("the "Rejected Goods") and any or all other supplies, materials,
equipment or other tangible personal property (collectively, the "Contractor Property") from and
out of Purchasing Entity premises and any other location which the Purchasing Entity manages,
leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property
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Agreement 22PSX002.1
in accordance with the terms and conditions of the written notice. Failure to remove the Rejected
Goods or the Contractor Property In accordance with the terms and conditions of the written
notice shall mean, for itself and all Contractor Parties, that:
1. they have voluntarily, intentionally, unconditionally, unequivocally and absolutely abandoned
and left unclaimed the Rejected Goods and Contractor Property and relinquished all
ownership; title, licenses, rights, possession and interest of, in and to (collectively, "Title") the
Rejected Goods and Contractor Property with the specific and express intent of (A)
terminating all of their Title to the Rejected Goods and Contractor Property, (B) vesting Title to
the Rejected Goods and Contractor Property in the Purchasing Entity and (C) not ever
reclaiming Title or any future rights of any type In and to the Rejected Goods and Contractor
Property;
2. there is no ignorance, inadvertence or unawareness to mitigate against the intent to abandon
the Rejected Goods or Contractor Property;
3. they vest authority, without any further act required on their part or the Purchasing Entity's
part, in the Purchasing Entity to use or dispose of the Rejected Goods and Contractor
Property, in the Purchasing Entity's sole discretion, as if the Rejected Goods and Contractor
Property were the Purchasing Entity's own property and in accordance with law,, without
incurring any liability or obligation to the Contractor or any other party;
4. if the Purchasing Entity incurs any costs or expenses in connection with disposing of the
Rejected Goods and Contractor Property, including, but not limited to, advertising, moving or
storing the Rejected Goods and Contractor Property, auction and other activities, the
Purchasing Entity shall invoice the Contractor for all such cost and expenses and the
Contractor shall reimburse the Purchasing Entity no later than thirty (30) days after the date
of invoice; and
5. they do remise, release and forever discharge the Purchasing Entity and its employees,
departments, commissions, boards, bureaus, agencies, instrumentalities or political
subdivisions and their respective successors, heirs, executors and assigns (collectively, the
"Purchasing Entity and Its Agents") of and from all Claims which they and their respective
successors or assigns, jointly or severally, ever had, now have or will have against the
Purchasing Entity. and Its Agents arising from the use or disposition of the Rejected Goods
and Contractor Property.
b. The Contractor shall secure from each Contractor Party, such document or instrument as
necessary or appropriate as will vest in the Contractor plenary authority to bind the Contractor
Parties to the full extent necessary or appropriate to give full effect to all of the terms and
conditions of this Section. The Contractor shall provide, no later than fifteen (15) days after
receiving a request from the Purchasing Entity, such information as the Purchasing Entity may
require to evidence, in the Purchasing Entity's sole determination, compliance with this Section.
13. Replacement Deliverables
The Purchasing Entity may order any Replacement Deliverables then available. Replacement
Deliverables are subject to evaluation and Acceptance as set forth in this Master Agreement.
14. Maintenance and Support
a. Contractor represents and warrants that after Acceptance of the System by the Purchasing Entity
and throughout the duration of the Warranty Period, Contractor shall provide the following
maintenance and support services at no additional cost:
1. Assistance in accordance with the requirements of Exhibit A, Deliverables Document,
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Master Agreement 22PSX0021
i
j Purchase Order or a SOW, as applicable;
2. Improvements related to any and all Deliverables; and
3. Improvements to any and all .Deliverables to cause each Deliverable to operate under new
versions or releases of the operating system(s), database system(s), application servers or
report servers that comprise the Purchasing Entity's computer operating environment.
b. Upon expiration of the Warranty Period, maintenance and support and on -going services shall be
provided by the Contractor on an annual basis if requested by the Purchasing Entity and
identified in Exhibit C Service Level Agreement and Maintenance and Support and Exhibit B
Price Schedule. Contractor shall invoice the Purchasing Entity in accordance with Exhibit B,
Price Schedule.
C. Provided the Purchasing Entity is current on its maintenance -and support and on -going services
payments, the Contractor shall provide Services itemized in a SOW in addition to the following:
1. Assistance in accordance with the requirements of Exhibit A, Deliverables Document,
Exhibit C, Service.Level Agreement and Maintenance and Support, Purchase Order or a
SOW, as applicable;
2. Improvements that maybe developed by Contractor or made available to Contractor by the
Licensor related to any and all Deliverables; and
3. Improvements to any and all Deliverables to cause each to operate under new versions or
releases of the operating system(s), database system(s),, application servers or report
servers that comprise the Purchasing Entity's computer operating environment at no
additional cost.
d. Contractor shall provide a complete list of any platform requirements and specifications to provide
technical support services.
e. The Purchasing Entity shall provide Contractor full and free access to each Deliverable .for the
limited purpose of providing Services required under this Master.. Agreement, subject to the
Purchasing Entity's and the applicable Site's access policies.
15. Reserved
16. Working and Labor Synergies
The Contractor shall be responsible for maintaining a tranquil working relationship between the
Contractorwork force, the Contractor Parties, their work force, Purchasing Entity employees, and any
other contractors present at the work site. The Contractor shall quickly resolve all labor disputes
which result from the Contractor's or Contractor Parties' presence at the work site, or other action
under their control. Labor disputes shall not be deemed to be sufficient cause to allow the Contractor
to make any claim for additional compensation for cost, expenses or any other loss or damage, nor
shall those disputes be deemed to be sufficient reason to relieve the Contractor from any of its
obligations under this Master Agreement.
17. Background Checks
To the extent applicable, the Contractor and Contractor Parties shall submit to and incur the cost of
fingerprint supported federal and state criminal history background checks as may be required by the
state, the Purchasing Entity, or as provided for in any Purchasing Entity document that governs
procedures for background checks. The Contractor and Contractor Parties shall cooperate fully as
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i
Master Agreement 22PSX0021
necessary or reasonably requested with the state and its agents in connection with such background
i checks.
18. Contractor Guaranties
a. Contractor shall:
1. Perform fully under this Contract;
2. Guarantee the Goods or Services against defective material or workmanship and to repair any
damage or marring occasioned in transit or, at the Client Agency's option, replace them;
3. Furnish adequate protection from damage for all work and to repair damage of any kind, for which
its workers are responsible, to the Site; Goods, -the- Contractor's work or that of Contractor Parties;
4. With respect to the provision of Services, pay for all permits, licenses and fees and give all required
or appropriate notices;
5. Adhere to all Contractual provisions ensuring the confidentiality of Records that the Contractor has
access to and are exempt from disclosure under the State's Freedom of Information Act or other
applicable law;
6. Neither disclaim, exclude nor modify the implied warranties of fitness for a particular purpose or of
merchantability.
19. Other Warranties
Contractor warrants that:
a. Each Deliverable installed by Contractor, an authorized agent of Contractor or installed by the
Purchasing Entity in accordance with Contractor's instructions, will function according to the
Specifications and Performance Criteria on the Acceptance Date for such Deliverable;
b. During the Warranty Period, Contractor shall make Improvements to the Deliverable as
necessary or appropriate to maintain ongoing reliability according to Performance Criteria
identified in Exhibit A, Deliverables Document or a SOW, as applicable; and
C. Contractor shall provide each Deliverable within the time frames established under this Master
Agreement, a Purchase Order or a SOW, as applicable.
d. Contractor does not exclude or modify the implied warranties of merchantability and fitness for a
particular purpose concerning the Deliverables.
20. System Warranties
a. Contractor represents and warrants that the System shall conform to this Master Agreement, the
Specifications, Performance Criteria, Documentation and as applicable, the SOW and that it shall
be free from defectd'in material and workmanship upon the Acceptance Date of the System and
through the Warranty Period, unless the Master Agreement is Terminated earlier.
b. During the Warranty Period, Contractor shall, at no charge, make Improvements to the
Deliverables as necessary to maintain ongoing System reliability in accordance with the
Specifications, Performance Criteria, Documentation, and as applicable, the SOW.
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Master Agreement 22PSX0021
21. Sales and Use Report
Contractor shall deliver a sales and use report on a quarterly basis, in form and content as pre -
approved by the Lead State, the Participating Entity, or Purchasing 'Entity. The Contractor shall
deliver the report within ten (10) days following the end of each calendar quarter. The Contractor shall
provide the Lead State, the Participating Entity, or Purchasing Entity with any additional reports as the
Lead State, the Participating Entity, or Purchasing Entity may request from time to time within ten (10)
days following receipt of the written request. Timely submission of these reports is a material
requirement of this Master Agreement. All Title and property rights and interests in and to the reports
and the data in the media containing the reports at all times is and will always remain vested in the
State. At no time will Contractor have Title to such reports, data or media, wherever located.
Accordingly, the Lead State, Participating Entity and the Purchasing Entity shall have a perpetual,
irrevocable, non-exclusive, transferable right to display, modify, copy and otherwise use the reports,
data, and information provided under this Section.
22. Breach
a. If one party (the "Non -breaching Party") determines that the other (the "Breaching Party") has
failed to comply with any of the Breaching Party's corresponding Master Agreement obligations (a
"Breach"), then the Non -Breaching Party shall provide written notice of such failure to the
Breaching Party in accordance with this Master Agreement. The Non -breaching Party must
provide the Breaching Party an opportunity to remedy the Breach within thirty, (30) calendar days
from the date of the notice. However, if Contractor is the Breaching Party, then the Purchasing
Entity may set forth any remedy period in the notice, so long as that period is otherwise
consistent with the provisions of this Master Agreement. The period set forth in the notice is
known as the "Remedy Period." The Non -Breaching Party shall extend the Remedy Period if it is
satisfied that the Breaching Party is making a good faith effort to remedy the Breach, but the
nature of the Breach is such that it cannot be remedied within the Remedy Period.
b.- If the Purchasing Entity determines that the Contractor has committed a Breach, then the
Purchasing Entity may require the Contractor to, and Contractor shall, prepare and submit to the
Purchasing Entity a CAP in connection with the identified Breach. Contractor shall provide in the
CAP a detailed explanation of the deficiencies and other factors that contributed to the cited
Breach, Contractor's.assessment or diagnosis of .Breach (identifying the deficiencies and factors
in reasonable detail, with references to the applicable Specifications), and a specific proposal to
remedy or resolve the Breach. Contractor shall submit the CAP to the Purchasing Entity within
ten (10) Business Days following the Purchasing Entity's request for the CAP for the Purchasing
Entity's review and approval. Within ten (10) Business Days of receiving the CAP, the
Purchasing Entity must either approve the CAP, or reject it by delivering to Contractor a written
explanation for the rejection. If the Purchasing Entity fails to accept or reject the CAP within the
ten (10) Business Days, then the CAP is deemed to have been approved, without more. The
Purchasing Entity's explanation for the rejection must include suggestions for changes to the CAP
and the Contractor shall address the suggestions in such a manner to make it likely that the
Purchasing Entity will approve the CAP when the Contractor re -submits it to the Purchasing Entity
for review and approval. If the Purchasing Entity rejects a CAP, then the parties will repeat this
submittal and review process until the earliest of one of the following: (1) the Purchasing Entity
accepts a CAP, (2) the Purchasing Entity waives its right to receive a CAP, (3) Contractor
remedies the Breach, (4) the Purchasing Entity waives the Breach, or (5) the Purchasing Entity
makes a determination to Terminate this Master Agreement. After the first rejection, each of the
parties will have five (5) Business Days, instead of ten (10) Business Days, within which to review
the CAP. Each subsequent revision and review will be for up to three (3) Business Days each
instead of ten (10) or five (5) Business Days.
C. if the Purchasing Entity determines that the Contractor has Breached this Master Agreement,
then the Purchasing Entity may withhold payment in whole or in part for any amounts due
pending resolution of the Performance issue, provided that the Purchasing Entity notifies
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Master Agreement 22PSX0021
Contractor in writing prior to the date that the payment would have been due.
d. For purposes of the Purchasing Entity determining whether there is a Breach under this Master
Agreement, or whether any statement in the Representations and Warranties Section of this
Master Agreement is false or misleading, the parties deem the Acts of the Contractor Parties to
be the Acts of the Contractor itself, as if the Contractor itself was the subject of the Acts which the
Purchasing Entity considers in determining if there was a Breach, or an instance of false or
misleading statements, or both.
e. The written notice of the Breach may include an effective Termination date. If the identified
Breach is not remedied by the stated Termination date, unless otherwise modified by the Non -
breaching Party in writing before such date, no further action shall be required of any party to
effect the Termination as of the stated date. If the notice does not set forth an effective
Termination date, then the Non -breaching Party shall provide. the Breaching Party no less than
twenty-four (24) hours' prior written notice before terminating this Master Agreement.
f. Notwithstanding any provisions in this Master Agreement, the. Lead State may terminate this
Master Agreement with no Remedy Period for Contractor's Breach or violation of any of the
representations or warranties in this Master Agreement and revoke any consent to assignments
given as if the assignments had never been requested or consented to, without liability to
Contractor or Contractor Parties or any third party. Termination under this Breach section is
subject to the provisions of the Termination Section of this Master Agreement. In case of such
revocation or Termination, the Purchasing Entity will have no liability or responsibility to
Contractor or Contractor Parties or any third party, or any of them, resulting from the. Termination
or revocation.
g. None of the Lead State's rights under this Breach Section diminishes the Lead State's rights
under the Termination Section of this Master Agreement.
23. Termination
a. Notwithstanding any provisions in this Master Agreement, the Lead State, through a duly
authorized employee, may Terminate this Master Agreement whenever the Lead State makes a
written determination that such Termination is. in the best -interests of the Lead State. The Lead
State shall notify the Contractor in writing of Termination pursuant to this Section, which notice
shall specify the effective date of Termination and the extent to which the Contractor must
complete its Performance under this Master Agreement prior to such date.
b. Notwithstanding any provisions in this Master Agreement, either party, through a duly authorized
employee, may, after making a written determination that the other party has Breached this
Master Agreement and has failed to remedy the Breach, Terminate this Master Agreement in
accordance with the Breach Section of this Master Agreement.
C. Notices of Termination must be sent certified in accordance with the Notice Section of this Master
Agreement Upon receiving the Termination notice from the Lead State, the Contractor shall
immediately modify or discontinue all Performance affected in accordance with the terns of the
notice, undertake commercially reasonable efforts to mitigate any losses or damages and deliver
to the Lead State or the Purchasing Entity (as directed in the notice) all Records. The Records
are deemed to be the property of the State and the Contractor shall deliver them to the Lead
State or the Purchasing Entity (as directed in the notice) no later than thirty (30) days after the
Termination of this Master Agreement or fifteen (15) days after the Contractor receives a written
request from the Lead State for the Records. The Contractor shall deliver those Records that
exist in electronic, magnetic or other intangible form in a non-proprietary format, such as, but not
limited to, ASCII or .TXT.
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Agreement 22PSX0021
d. Except for any work which the Lead State directs the Contractor to Perform in the notice prior to
the effective date of Termination, and except as otherwise provided in the notice, the Contractor
shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into
any further subcontracts, purchase orders or commitments.
e. The Purchasing Entity shall, within forty-five (45) days of the effective date of Termination,
reimburse the Contractor for its Performance rendered and accepted by the Purchasing Entity in
accordance with Exhibit A, Deliverables Document or a SOW, as applicable, in addition to all
actual and reasonable costs incurred after Termination in completing those portions of the
Performance which the notice required the Contractor to complete. However, the Contractor is
not entitled to receive and the Purchasing Entity will not tender to the Contractor any payments
for anticipated or lost profits. Upon request by the Purchasing Entity, the Contractor shall assign
to the Purchasing Entity, or any replacement contractor which the Purchasing Entity designates,
all subcontracts, Purchase Orders and other commitments, deliver to the Purchasing Entity all
Records and other information pertaining to its Performance, and remove from Purchasing Entity
premises, whether leased or owned, all of Contractor's property, equipment, waste material and
rubbish related to its Performance, all as the Lead State or the Purchasing Entity (as directed in
the notice) may request.
f. Upon Termination of this Master Agreement, all rights and obligations shall be null and void, so
that no party shall have any further rights or obligations to any other party, except with respect to
the Sections which survive Termination. All representations, warranties, agreements and rights of
the parties under this Master Agreement shall survive such Termination to the extent not
otherwise limited in this Master Agreement and without each one of them having to be specifically
mentioned in this Master Agreement.
g. Termination of this Master Agreement pursuant to this Section shall not be deemed to be a
. Breach of Master Agreement by the Lead State, a Participating, Entity, or a Purchasing Entity.
24. Continued Performance
The Contractor and Contractor Parties shall continue to Perform their obligations under this Master
Agreement while any dispute concerning this Master Agreement is being resolved.
25. Reserved
26. Setoff
A Purchasing Entity, in its sole discretion, may setoff and withhold (1) any costs or expenses
including but not limited to costs or expenses such as overtime, that the Purchasing Entity incurs
resulting from the Contractor's unexcused Breach under this Master Agreement and under any other
agreement or arrangement that the Contractor has with the Purchasing Entity and (2) any other
amounts of whatever nature that are due or may become due from the Purchasing Entity to the
Contractor, against amounts otherwise due or that may become due to the Contractor under this
Master Agreement, or under any other agreement or arrangement that the Contractor has with the
Purchasing Entity. The Purchasing Entity's right of setoff and to withhold shall not be deemed to be
the Purchasing Entity's exclusive remedy for the Contractor's or Contractor Parties' Breach of this
Master Agreement, all of which shall survive any setoffs and withholdings by the Purchasing Entity.
27. Cross -Default
a. If the Contractor or Contractor Parties Breach, default or in any way fail to Perform satisfactorily
under this Master Agreement,. then the Lead State may, in its sole discretion, without more and
without any action whatsoever required of the Lead State, treat any such event as a breach,
default or failure to perform under any or all other agreements or arrangements ("Other
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Agreement 22PSX0021
Agreements") that the Contractor or Contractor Parties have with the Lead State. Accordingly, the
Lead State may then exercise at its sole option any and all of its rights or remedies provided for in
this Master Agreement or Other Agreements, either selectively or collectively and without such
election being deemed to prejudice any rights or remedies of the Lead State, as if the Contractor
or Contractor Parties had suffered a breach, default or failure to perform under the Other
Agreements.
b. If the Contractor or Contractor Parties breach, default or in any way fail to Perform satisfactorily
under any or all Other Agreements with the Lead State, then the Lead State may, in its sole
discretion, without more and without any action whatsoever required of the Lead State, treat any
such event as a breach, default or failure to Perform under the Master Agreement. Accordingly,
the Lead State may then exercise at its sole option any and all of its rights or remedies provided
for in the Other Agreements or this Master Agreement, either selectively or collectively and without
such election being deemed to prejudice any rights or remedies of the Lead State, as if the
Contractor or Contractor Parties. had suffered a breach, .default or failure, to Perform under this
Master Agreement.
28. Sovereign Immunity
The parties acknowledge and agree that nothing in this Contract shall be construed as a modification,
compromise or waiver by the State of any rights or defenses of any immunities provided by federal
law or the laws of the State of Connecticut to the State or any of its officers and employees, which
they may have had, now have or will have with respect to all matters arising out of this Contract. To
the extent that this Section conflicts with any other Section, this Section shall govern.
29. Representations and Warranties
Contractor represents and warrants to the Lead State for itself and, as applicable, the Contractor
Parties that:
a. each is a duly and validly existing under the laws of each such entity's respective states of
organization and authorized to conduct business in the State of Connecticut in the manner
contemplated by this Master Agreement. Further, as appropriate, each has taken all necessary
action to authorize the execution, delivery and Performance of this Master Agreement and have
the power and authority to execute, deliver and Perform its obligations under this Master
Agreement;
b. each will comply with till applicable State and Federal laws and municipal ordinances in satisfying
its obligations to the State under and pursuant to this Master Agreement, including, but.not limited
to (1) Connecticut General Statutes Title 1, Chapter 10, concerning the State's Codes of Ethics;
Title 4a, Chapter 51 concerning State purchasing; and (3) Title 22a, Chapter 446c, section 22a-
194a concerning the use of polystyrene foam;
C. the execution, delivery and Performance of this Master Agreement will not violate, be in conflict
with, result in a Breach of or constitute (with or without due notice and/or lapse of time) a default
under any of the following, as applicable: (1) any provision of law; (2) any order of any court or
the State; or any indenture,- agreement, document or other instrument to which it is a party or by
which it may be bound;
d. each is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any governmental entity;
e. asapplicable, each has not, within the three years preceding the Effective Date of this Master
Agreement, in any of their current or former jobs, been convicted of, or had a civil judgment
rendered against them or against any person who would Perform under this Master Agreement,
Page 20 of 37
Agreement 22PSX0021
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
Performing a transaction or contract with any governmental entity. This includes, but is not limited
to, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records or property, making false statements, or receiving
stolen property;
f. each is not presently indicted for or otherwise criminally or civilly charged by any governmental
entity with commission of any of the offenses listed above;
g. they have notified the Lead State in writing whether they have had any contracts with any
governmental entity Terminated for cause. within the three (3) years preceding the Effective Date;
h. none has employed or retained any entity or person, other than a bona fide employee working
solely for them, to solicit or secure this Master Agreement and it has not paid or agreed to pay
any entity or person, other than a bona fide employee working solely for them; any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this Master Agreement or any assignments made in
accordance with the terms of this Master Agreement;
I. to the best of each entity's knowledge, there are no Claims involving Contractor or Contractor
Parties that might reasonably be expected to materially adversely affect their businesses,
operations, assets, properties, financial stability, business prospects or ability to Perform fully
under this Master Agreement;
j. each shall disclose, to the best of its knowledge, to the. State in writing any Claims involving it that
would be required disclosure on Form 8-K of the Securities Exchange Act of 1934 no later than
ten (10) calendar days after becoming aware or after it should have become aware of any such
Claims. For purposes of the Contractor's obligation to disclose any Claims to the State, the ten
(10) calendar days in the Section of this Master Agreement concerning disclosure of Contractor
Parties litigation shall run consecutively with the ten (10) days provided for in this representation
and warranty;
k. each entity's participation in the Solicitation process is not a conflict of interest or a breach of
ethics under the provisions of Title 1; Chapter 10 of the Connecticut General Statutes concerning
the State's Code of Ethics;
I. the proposal submitted by Contractor in response to the Solicitation was not made in connection
or concert with any other person, entity or proposer, including any affiliate of the proposer,
submitting a proposal for the same Solicitation, and is in all respects fair and without collusion
or fraud;
M. each is able to Perform under this Master Agreement using their own resources or the resources
of a party who has not submitted a proposal;
n. if Contractor does not have plenary authority to make the representations and warranties in this
Section, as applicable, on behalf of Contractor Parties, then Contractor shall enter into a written
contract with Contractor Parties, in which contract Contractor Parties shall make all of the
applicable representations and warranties in this Section;
o. each has paid all applicable workers' compensation second injury fund assessments concerning
all previous work done in Connecticut; they have a record of compliance with Occupational Health
and Safety Administration regulations without any unabated, willful or serious violations;
p. none owes unemployment compensation contributions;
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Agreement 22PSX0021
q. none is delinquent in the payment of any taxes owed, or, that they have filed a_sales tax security
bond, and they have, if and as applicable, filed for motor carrier road tax stickers and have paid
all outstanding road taxes; .
r. all of each entity's vehicles have current registrations and, unless such vehicles are no longer in
service, they shall not allow any such registrations to lapse;
S. each Contractor Party has vested in the Contractor plenary authority to bind the Contractor
Parties to the full extent necessary or appropriate to ensure full compliance with and Performance
in accordance with all of the terms of this Master Agreement and that all appropriate parties shall
also provide, no later than fifteen (15) days after receiving a request from the Lead State or the
Purchasing Entity, such information as the Lead State or the Purchasing Entity may require to
evidence, in their sole determination, compliance with this Section;
t. each either owns or has the authority to use all the Deliverables;
U. to the best knowledge of Contractor, the Deliverables do not infringe or misappropriate any
patent, copyright, trade secret or other intellectual property right of a third party;
V. to the best knowledge of Contractor, the Purchasing Entity's use of any Deliverables in a manner
consistent with this Master Agreement shall not infringe or misappropriate any patent, trade
secret or other intellectual property right of a third party;
W. if any party shall procure any Deliverables, they shall sublicense such Deliverables and that the
Purchasing Entity shall be afforded the full benefits of any manufacturer or subcontractor licenses
for the use of the Deliverables;
X. each shall assign or otherwise transfer to the Purchasing Entity or afford the Purchasing Entity
the full benefits of any manufacturer's warranty for the Deliverables, to the extent that such
warranties are assignable or otherwise transferable to the Purchasing Entity; and
y. The Services and the System shall conform to this Contract, the Specifications,
Performance Criteria, Documentation and as applicable, the SOW and that the
Deliverables shall be free from defects in material and workmanship and that
Performance will be in good and workmanlike manner consistent with industry
standards and practices. Contractor warrants that its agents and/or employees used
in the Performance will be qualified to Perform.
30. Further Assurances
The parties shall provide such information, execute and deliver any instruments and documents and
take such other actions as may be necessary or reasonably requested by the other party which are
not inconsistent with the provisions of this Master Agreement and which do not involve the vesting of
rights or assumption of obligations other than those provided for in this Master Agreement, in order to
give full effect to this Master Agreement and to carry out the intent of this Master Agreement.
31. Advertising
The Contractor shall not refer to sales to the Lead State for advertising or promotional purposes,
including, but not limited to, posting any material or data on the Internet, without the Lead State's prior
written approval.
32. Contractor Changes
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The Contractor shall notify the Lead State in writing no later than ten (10) days from the effective date
of any change in:
a. its certificate of incorporation or other organizational document;
b. more than a controlling interest in the ownership of the Contractor; or
C. the individual(s) in charge of the Performance.
This change shall not relieve the Contractor of any responsibility for the accuracy and completeness
of the Performance. The Lead State, after receiving written notice by the Contractor of any such
change, may require such agreements, releases and other instruments evidencing, to the Lead
State's satisfaction, that any individuals retiring'or otherwise separating from the Contractor have
been compensated in full or that provision has been made for compensation in full, for all work
performed under terms of this- Master Agreement. -The-Contractor shall deliver such documents to
the Lead State in accordance with the terms of the Lead State's written request. The Lead State may
also require, and the Contractor shall deliver, a financial statement showing that solvency of the
Contractor is maintained. The death of any Contractor Party, as applicable, shall not release the
Contractor from the obligation to Perform under this Master Agreement; the surviving Contractor
Parties, as appropriate, must continue to Perform under this Master Agreement until Performance is
fully completed.
33. Contractor Responsibility
a. The Contractor shall be responsible for the entire Performance under this Master Agreement
regardless of whether the Contractor itself Performs. The Contractor shall be the sole point of
contact concerning the management of this Master Agreement, including Performance and
payment issues. The Contractor is solely and completely responsible for adherence by the
Contractor Parties to all applicable provisions of this Master Agreement.
b. The Contractor shall exercise all reasonable care to avoid damage to a Purchasing Entity's
property or to property being made ready for the Purchasing Entity's use, and to all property
adjacent to any work site. The Contractor shall promptly report any damage, regardless of cause,
to the Purchasing Entity.
34. Continuity of Systems
a. This Section is intended to comply with Conn. Gen. Stat. §4d-44. Nothing in this Section shall be
construed to prevent Contractor from being paid for its Performance that is provided in
accordance with this Master Agreement.
b. Contractor acknowledges that the Deliverables, the Systems and associated Services are
important to the function of a Purchasing Entity's operations and that they must continue without
interruption. Pursuant to Conn. Gen. Stat. §4d-44, if the work under this Master Agreement, any
subcontract, or amendment to either, is transferred back to a Purchasing Entity or to another
contractor at any time for any reason, then Contractor shall cooperate fully with the Purchasing
Entity, and do and Perform all acts and things that the Purchasing Entity deems to be necessary
or appropriate, to ensure continuity of the Purchasing Entity's information system and
telecommunication system facilities, equipment and Services so that there is no disruption or
interruption in Performance as required or permitted in this Contract. Contractor shall not enter
into any subcontract for any part of the Performance under this Master Agreement without
approval of such subcontract by the Lead State, as required by Conn. Gen. Stat. §4d-32 and
without such subcontract including a provision that obligates the subcontractor to comply fully
with Conn. Gen. Stat. §4d-44 as if the subcontractor were in fact the Contractor. Contractor shall
make a full and complete disclosure of and delivery to the Purchasing Entity or its
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representatives of all Records and "Public Records, as that term is defined in Conn. Gen. Stat.
§4d-33 in whatever form they exist or are stored and maintained and wherever located, directly
or indirectly concerning this Master Agreement.
C. The parties shall follow the below applicable and respective procedures in order to ensure the
orderly transfer to Purchasing Entity:
1. Facilities, and Equipment:
Unless a shorter period is necessary or appropriate to ensure compliance with Conn. Gen.
Stat. §4d-44,, in which case that shorter period shall apply, Contractor shall deliver F.O.B. to
the location specified by the Purchasing Entity, all Deliverables, Systems, facilities and
equipment related to or arising out of this Master Agreement, subcontract or amendment,
(other than any of the Deliverables, Systems, facilities or equipment in which Contractor has
title under this Master Agreement) no -later than ten (10) days from the date that the work
under this Master Agreement is transferred back to the Purchasing Entity or to another
contractor for any reason. Contractor shall deliver the Deliverables, 'Systems, facilities or
equipment to the Purchasing Entity, during the Purchasing Entity's business hours, in good
working order and in appropriately protective packaging to ensure delivery without damage.
Concurrent with this delivery, Contractor shall also deliver all related operation manuals and
other Documentation in whatever form they exist and a list of all related passwords and
security codes;
2. Software Deliverables created or modified pursuant to this Master Agreement, subcontract or
amendment: Unless a shorter period is necessary or appropriate to ensure compliance with
Conn. Gen. Stat. §4d-44, in which case that shorter period shall apply, Contractor shall deliver
F.O.B. to the location specified by the Purchasing Entity, all Deliverables, Materials and
Systems, no later than 10 days from the date that the work under the SOW or this Master
Agreement is transferred back to the Purchasing Entity or to another contractor for any
reason. Contractor shall deliver such Deliverables, Materials and Systems to the Purchasing
Entity, during the Purchasing Entity's Business Hours, in good working order, and if the
Purchasing Entity's equipment shall be delivered, in appropriately protective packaging to
ensure delivery without damage. Concurrent with this delivery, Contractor shall also deliver
all Deliverable -related operation manuals and other Documentation in whatever form they
exist, if delivery of such manuals and, documentation is required by this, Master Agreement or
the SOW for such Deliverable, and a list of all Deliverable passwords and security codes; and
3. Public Records, as defined in Conn. Gen. Stat. §4d-33, which Contractor or Contractor
Parties possess or create pursuant to this Master Agreement, subcontract or amendment:
Unless a shorter period is necessary or appropriate to ensure compliance with Conn. Gen.
Stat. §4d-44, in which case that shorter period shall apply, Contractor shall deliver F.O.B. to
the location specified by the Purchasing Entity, all Public Records created or modified
pursuant to this Master Agreement, any SOW, subcontract or amendment and requested in
writing by the Purchasing Entity (provided that Contractor may redact confidential information
of Contractor, its personnel or third parties to the extent permitted by applicable law) no later
than the latter of (1) the time specified in the section in this Master Agreement concerning
Termination for the return of Public Records and (2) ten (10) days from the date that the work
under the Master Agreement or SOW is transferred back to the Purchasing Entity or to
another contractor for any reason. Contractor shall deliver to the Purchasing Entity during
the Purchasing Entity's Business Hours those Public Records in electronic, magnetic or other
intangible form in a non-proprietary format, such as, but not limited to, ASCII or TXT.
Contractor shall deliver to the Purchasing Entity, during the Purchasing Entity's business
hours, those Public Records and a list of all applicable passwords and security codes, all in
appropriately protective packaging to ensure delivery without damage.
d. If Contractor employs former Purchasing Entity employees, Contractor shall facilitate the
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exercising of any reemployment rights that such Purchasing Entity employees may have with the
Purchasing Entity, including, but not limited to, affording them all reasonable opportunities during
the workday to interview for Purchasing Entity jobs. Contractor shall include language similar to
this Section in all of its contracts with its subcontractors and applicable Contractor Parties so that
they are similarly obligated.
35. Security and/or Property Entrance Policies and Procedures
Contractor shall adhere to established security and/or property entrance policies and procedures for
each Purchasing Entity. It is the responsibility of Contractor to understand and adhere to the
Purchasing Entity's policies and procedures prior to entering the Purchasing Entity Site to Perform
under this Master Agreement.
36. Disclosure of Contractor Parties Litigation
Contractor shall require that all Contractor Parties, as appropriate, disclose in writing to Contractor, to
the best of their knowledge, any Claims involving the. Contractor Parties that might reasonably be
expected to materially adversely affect their businesses, operations, assets, properties, financial
stability, business prospects or ability to Perform fully under this Master Agreement, no later than ten
(10) calendar days after becoming aware of or after they should have become aware of any such
Claims.
37. Protection of Confidential Information
a. Contractor and Contractor Parties have a duty to and shall, at their own expense, protect from a
Confidential Information Breach any and all Confidential Information which they come to possess
or control, wherever and however stored or maintained, in a commercially reasonable manner in
accordance with the highest current industry standards and best practices, as they may be
amended from time to time.
b. Contractor and all Contractor Parties shall develop, implement and maintain a comprehensive
written information security policy for the protection of Confidential Information that meets or
exceeds current industry standards and best practices as they may be amended from time to
time. The safeguards contained -in the written information security policy must meet or exceed the
standards for the protection of Confidential Information, and information of a similar character, as
set forth in all applicable federal and State law and in written policy of the Purchasing Entity,
Participating Entity, or the Lead State concerning the confidentiality of Confidential Information.
Such data -security program shall include, but not be limited to, the following:
1. A security policy for employees related to the storage, access and transportation of data
containing Confidential Information;
2. Reasonable restrictions on access to records containing Confidential Information, including
access to any locked storage where such records are kept and an auditable electronic
system of logging and tracking the viewing, accessing or both of Confidential Information;
3. A process for reviewing policies and security measures at least annually;
4. Creating secure access controls to Confidential Information, including but not limited to
passwords; and
5. Encrypting of Confidential Information that is stored on laptops, portable devices and storage
media or that is being transmitted electronically.
C. Contractor and Contractor Parties shall notify the Lead State, the Purchasing Entity, and the
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Connecticut Office of the Attorney General as soon as practical, but no later than the next
Business Day, after they become aware of or suspect that any Confidential Information which
Contractor or Contractor Parties have come to possess or control has been subject to a
Confidential Information Breach. If a Confidential Information Breach has occurred which, in the
sole opinion of the Purchasing Entity, after consultation with the Lead State's Attorney General,
constitutes a breach of security as defined in Connecticut General Statutes, § 36a- 701 b, or
otherwise (Breach), the Contractor shall, within three (3) Business Days after the notification,
present a credit monitoring and protection plan to the Commissioner of the Lead State, the
Purchasing Entity, and the Connecticut Office of the Attorney General, for review and approval.
Such credit monitoring and protection plan shall be made available by the Contractor at its own
cost and expense to all individuals affected by the Confidential Information Breach. Such credit
monitoring or protection plan shall include, but is not limited to, reimbursement for the cost of
placing and lifting one (1) security freeze per credit file pursuant to Connecticut General Statutes
§ 36a-701a. Such credit monitoring'or protection plans shall be approved by the Lead State in
accordance with this Section and shall cover a length of time commensurate with the
circumstances of the Breach. Neither Contractor's nor any Contractor Parry's costs and expenses
for the credit monitoring and protection plan- shall be recoverable from the Lead State,
Participating Entity, Purchasing Entity, or any affected individuals and shall be outside of any
liability cap or limitation contained in this Master Agreement.
d. Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section.
e. Nothing in this Section shall supersede in any manner Contractor's or Contractor Party's
obligations pursuant to the provisions of this Master Agreement concerning the obligations of the
Contractor to the Purchasing Entity, Participating Entity, or DAS.
38. Confidentiality; Non -Disclosure
The Purchasing Entity shall exercise at least the same degree of care to safeguard any trade secrets
or confidential information of Contractor as the Purchasing Entity does its own property of a similar
nature and shall take reasonable steps to ensure that neither the confidential information of
Contractor nor any part of it will be disclosed for reasons other than its own business interests. Such
prohibition on disclosures does not apply to disclosures by the Purchasing Entity to its employees,
agents or representatives, provided such disclosures are reasonably necessary to the Purchasing
Entity's use of the Deliverable, and provided further that the Purchasing Entity will take all reasonable
steps to ensure that the Deliverable is not disclosed by such parties in contravention of this Master
Agreement. The Purchasing Entity's performance of the requirements of this Section shall be subject
to open records laws and the State of Connecticut Freedom of Information Act ("FOIA°), as
applicable.
All Records, Purchasing Entity Data, and any Data owned by the Purchasing Entity in any form, in the
possession of the Contractor or Contractor Parties, whether uploaded, collected, stored, held, hosted,
located or utilized by Contractor and Contractor Parties directly or indirectly, must remain within the
continental United States.
39. Contractor's Obligation to Notify the Lead State Concerning Public Records
In accordance with Conn. Gen. Stat. § 4d-38, if the Contractor or Contractor Parties learn of any
violation of the provisions of Conn. Gen. Stat. §§ 4d-36 or 4d-37 they shall, no later than seven
calendar days after learning of such violation, notify the Chief Information Officer of such violation.
40. General Assembly Access to Records
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In accordance with Conn. Gen. Stat. § 4d-40, the Joint Committee on Legislative Management and
eachr nonpartisan office of the General Assembly shall continue to have access to the Lead State
records that is not less than the access that said committee and such offices have on July 1, 1997.
41. Profiting from Public Records
In accordance with Conn. Gen. Stat. § 4d-37, neither Contractor nor Contractor Parties shall sell,
market or otherwise profit from the disclosure or use of any public records which are in their
possession pursuant to this Master Agreement or any contract, subcontract or amendment to a
contract or subcontract, except as authorized in this Master Agreement. For purposes of this Section,
"public records" shall have the meaning set forth in Conn. Gen. Stat. § 1-200, as it may be modified
from time to time.
42. Application of FOIA to Public Records Provided to Contractor
In accordance with Conn. Gen. Stat. § 4d-35, any public record which a state agency provides to
Contractor or Contractor Parties shall remain a public record for the purposes of subsection (a) of
Conn. Gen. Stat. § 1-210 and as to such public records, the State, Contractor and Contractor
Parties shall have a joint and several obligation to comply with the obligations ofthe state agency
under the Freedom of Information Act (FOIA), as defined in Conn. Gen. Stat. §1-200, provided that
the determination of whether or not to disclose a particular record or type of record shall be made by
such state agency.
43. Ownership Rights and Integrity of Public Records
In accordance with Conn. Gen. Stat. § 4d-34, (a) neither Contractor nor Contractor Parties shall have
any Title in or to (1) any public records which the Contractor or Contractor Parties possess, modify or
create pursuant to a contract, subcontract or amendment to a contract or subcontract, or (2) any
modifications by such contractor, subcontractor, employee or agent to such public records; (b) neither
Contractor nor Contractor Parties shall impair the integrity of any public records which they possess
or create; and (c) public records which Contractor or Contractor Parties possess, modify or create
pursuant to this Master Agreement or other contract, subcontract or amendment to a contract or
subcontract shall at all times and for all purposes remain the property of the State. For purposes of
this Section, "public records" shall have the meaning set forth in Conn. Gen. Stat. § 4-33, as it may be
modified from time to time.
44. Nondisclosure of Public Records
In accordance with Conn. Gen. Stat. § 4d-36, neither Contractor nor Contractor Parties shall disclose
to the public any public records (a) which they possess, modify or create pursuant to this Master
Agreement or any contract, subcontract or amendment to a contract or subcontract and (b) that a
state agency (1) is prohibited from disclosing pursuant to state or federal law in all cases, (2) may
disclose pursuant to state or federal law only to certain entities or individuals or under certain
conditions or (3) may withhold from disclosure pursuant to state or federal law. This provision shall
not be construed to prohibit the Contractor from disclosing such public records to any Contractor
Parties to carry out the purposes of its subcontract. For purposes of this section, "public records"
shall have the meaning set forth in Conn. Gen. Stat. § 1-200, as it may be modified from time to time.
45. Audit and Inspection of Plants, Places of Business and Records
a. The Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its
grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of
a governmental agency, including, but not limited to, the Connecticut Auditors of Public Accounts,
Attorney General and State's Attorney and their respective agents (each an "Auditing Entity"),
may, at reasonable hours, inspect and examine all of the parts of the Contractor's and Contractor
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Parties' plants and places of business which, in any way, are related to, or involved in, the
Performance of this Master Agreement and associated Participating Addenda and Orders.
b. Contractor shall maintain, and shall require each Contractor Party to maintain, accurate and
complete Records. Contractor shall make all of its and the Contractor Parties' Records available
at all reasonable hours for audit and inspection by the Auditing Entity.
C. The Auditing Entity shall make all requests for any audit or inspection in writing and shall provide
the Contractor with at least twenty- four (24) hours' notice prior to the requested audit and
inspection date. If the Auditing Entity suspects fraud or other abuse, or in the event of an
emergency, the Auditing Entity is not obligated to provide any prior notice.
d. Contractor shall pay for all costs and expenses of any audit or inspection which reveals
information that, in the sole determination of the Auditing Entity, is sufficient to constitute a
Breach by the Contractor under this Master Agreement. The Contractor will remit full payment to
the Auditing Entity for such audit or inspection no later than 30 days after receiving an invoice
from the State. If the Auditing Entity does -not receive payment within such time, the Auditing
Entity may setoff the amount from any moneys which the Auditing Entity would otherwise be
obligated to pay the Contractor in accordance with this Master Agreement.
e. Contractor shall keep and preserve or cause to be kept and preserved all of its and Contractor
Parties' Records until six (6) years after the latter of (1) final payment for any Order placed
under this Master Agreement, or (2) the expiration or earlier termination of this Master
Agreement, as the same may be modified for any reason. An Auditing Entity may request an
audit or inspection at any time during this period. If any Claim or audit is started before the
expiration of this period, the Contractor shall retain or cause to be retained all Records until all
Claims or audit findings have been resolved.
f. Contractor shall cooperate fully with the Auditing Entity and its agents in connection with an audit
or inspection. Following any audit or inspection, the Auditing Entity may conduct and the
Contractor shall cooperate with an exit conference.
g. Contractor shall incorporate this entire Section verbatim into any contractor other agreement that
it enters into with any Contractor Party.
46. Audit Requirements for Recipients of State Financial Assistance
For purposes of this paragraph, the word "Contractor" shall be deemed to mean "nonstate entity," as
that term is defined in section 4-230 of the Connecticut General Statutes. The Contractor shall
provide for an annual financial audit acceptable to the Lead State for any expenditure of Lead State
awarded funds made by the Contractor. Such audit shall include management letters and audit
recommendations. The State Auditors of Public Accounts shall have access to all records and
accounts for the fiscal year(s) in which the award was made. The Contractor shall comply with federal
and Lead State single audit standards as applicable.
47. Indemnification
a. Contractor shall indemnify, defend and hold harmless the Lead State, Participating Entities,
Purchasing Entities, NASPO, and its officers, representatives, agents, servants, employees,
successors and assigns (each an "Indemnified Party") from and against any and all (1) Claims
arising, directly or indirectly, in connection with this Master Agreement for the acts of commission
or omission (collectively; the "Acts") of the Contractor or Contractor Parties; and (2) liabilities,
damages, losses, costs and expenses, including but not limited to, attorneys' and other
professionals' fees, arising, directly or indirectly, in connection with Claims, Acts or this Master
Agreement. Contractor shall use counsel reasonably acceptable to the Indemnified Party in
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carrying out its obligations under this Section. Contractor's obligations under this Section to
indemnify, defend and hold harmless against Claims includes Claims concerning confidentiality of
any part of or all of the Contractor's bid, proposal or any Records, any intellectual property rights,
other proprietary rights of any person or entity, copyrighted or non -copyrighted compositions,
secret processes, patented or unpatented inventions, articles or appliances furnished or used in
the Performance.
b. Contractor shall not be responsible for indemnifying, defending or holding the Indemnified Party
harmless from any liability arising due to the negligence of the indemnified Party or any third party
acting under the direct control or supervision- of the Indemnified Party.
C. Contractor shall reimburse the Indemnified Party for any and all damages to the real or personal
property of the Indemnified Party caused by the Acts of Contractor or any Contractor Parties. The
Indemnified Party shall give Contractor reasonable notice of any such Claims.
d. Contractor's duties under this Section shall remain fully in effect and binding in accordance with
the terms of this Master Agreement, without being lessened or compromised in any way, even
where the Contractor is alleged or is found to have merely contributed in part to the Acts giving
rise to the Claims or where the Indemnified Party is alleged or is found to have contributed to the
Acts giving rise to the Claims or both.
e. Contractor shall carry and maintain at all times during the Term of this Master Agreement, and
during the time that any provisions survive the Term of this Master Agreement, sufficient
commercial general liability insurance to satisfy its obligations under this Master Agreement.
f. This Section shall survive the Termination of this Master Agreement and shall not be limited by
reason of any insurance coverage. Unless otherwise set forth herein, this Section is not subject to
any limitations of liability in this Master Agreement or in any other document executed in
conjunction with this Master Agreement
48. Forum and Choice of Lawn
a. Notwithstanding the other provisions of this of this Forum and Choice of Law Section, the parties
deem this Master Agreement to have been made in the City of Hartford, State of Connecticut.
Both parties agree that it is fair and reasonable for the validity and construction of this Master
Agreement to be, and it shall be, governed by the laws and court decisions of the State of
Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any
immunities provided by Federal law or the laws of the State of Connecticut do not bar an action
against the Lead State, and to the extent that these courts are courts of competent jurisdiction, for
the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford
only or shall be brought in the United States District Court for the District of Connecticut only, and
shall not be transferred to any other court, provided, however, that nothing here constitutes a
waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor
waives any objection which it may now have or will have to the laying of venue of any Claims in
any forum and further irrevocably submits to such jurisdiction in any suit, action or proceeding.
b. The construction and effect of any Participating Addendum or Order against the Master
Agreement will be governed by and construed in accordance with the laws of the Participating
Entity's or Purchasing Entity's state. Venue for any claim, dispute, or action concerning any Order
placed against the Master Agreement or the effect of a Participating Addendum will be in the
Purchasing Entity's state.
C. If a Claim is brought in a federal forum, then it must be brought and adjudicated solely and
exclusively within the United States District Court for (in decreasing order of priority): the Lead
State for Claims relating to the procurement, evaluation, award, or contract performance or
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administration if the Lead State is a party; the state where the Participating Entity or Purchasing
Entity is located if either is a named party.
49. Assignment
The Contractor shall not assign any of its rights or obligations under this Master Agreement,
voluntarily or otherwise, in any manner without the prior written consent of the Lead State. The Lead
State may void any purported assignment in violation of this Section and declare the Contractor in
breach of Master Agreement. Any Termination by the Lead State for a breach is without prejudice to
the Lead State's or a Participating Entity or Purchasing Entity's rights or possible Claims.
50. Americans with Disabilities Act
Contractor represents that it is familiar with the terms of the Americans with Disabilities Act, 42 U.S.C.
§§12101 -etseq, and that it is- in compliance with the law. -Failure of Contractor to satisfy this standard
either now or during the Term as it may be amended will render this Master Agreement voidable at
the option of the State upon notice to Contractor. Contractor warrants that it will hold the State
harmless from any liability that may be imposed upon the State as a result of any failure of Contractor
to be in compliance with the Americans with Disabilities Act.
51. Executive Orders and Other Enactments
a. All references in this Master Agreement to any Federal, State, or local law, statute, public or
special act, executive order, ordinance, regulation or code (collectively, "Enactments") shall mean
Enactments that apply to the Master Agreement at any time during its term, or that may be made
applicable to the Master Agreement during its Term. This Master Agreement shall always be read
and interpreted in accordance with the latest applicable wording and requirements of the
Enactments. At the Contractor's request, the Lead State, Participating Entity, or Purchasing
Entity shall provide a copy of these Enactments to the Contractor. Unless otherwise provided by
Enactments, the Contractor is not relieved of its obligation to perform under this Master
Agreement if it chooses to contest the applicability of the Enactments or the Lead State,
Participating Entity, or Purchasing Entity's authority to require compliance with the Enactments.
b. - This Master Agreement is subject -to the provisions of Executive Order No. Three of Governor
Thomas J. Meskill, promulgated. June 16, 1971, concerning labor employment practices,
Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973,
concerning the listing of employment openings and Executive Order No. Sixteen of Governor
John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which
are incorporated into and are made a part of this Master Agreement as if they had been fully set
forth in it.
C. This Master Agreement may be subject to (1) Executive Order No. 14 of Governor M. Jodi Rell,
promulgated April 17, 2006, concerning procurement of cleaning products and services; and (2)
Executive Order No. 61 of Governor Dannel P. Malloy promulgated December 13, 2017
concerning the Policy for the Management of State Information Technology Projects, as issued by
the Office of Policy and Management, Policy ID IT-SDLC-17-04. If any of the Executive Orders
referenced in this subsection is applicable, it is deemed to be incorporated into and made a part
of this Master Agreement as if fully set forth in it.
52. Whistleblower Provision
This Master Agreement may be subject to the provisions of Section 4-61 dd of the Connecticut
General Statutes. In accordance with this statute, if an officer, employee or appointing authority of the
Contractor takes or threatens to take any personnel action against any employee of the Contractor in
retaliation for such employee's disclosure of information to any employee of the contracting state or
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quasi -public agency or the Auditors of Public Accounts or the Attorney General under the provisions
of such statute, Contractor shall be liable for a civil penalty of not more than five thousand dollars for
each offense, up to a maximum of twenty percent of the value of this Master Agreement. Each
violation shall be a separate and distinct offense and in the case of a continuing violation, each
calendar day's continuance of the violation shall be deemed to be a separate and distinct offense.
The State may request that the Attorney General bring a civil action in the Superior Court for the
Judicial District of Hartford to seek imposition and recovery of such civil penalty. In accordance with
such statute, each large state contractor, as defined in the statute, shall post a notice of the
provisions of the statute relating to large state contractors in a conspicuous place which is readily
available for viewing by the employees of the Contractor.
53. Summary of State Ethics Laws
Pursuant to the requirements of section 1-101gq of the Connecticut General Statutes (a) the Lead
State has provided to the Contractor the summary. of State ethics laws developed by the State Ethics
Commission pursuant to section 1-81 b of the Connecticut General Statutes, which summary is
incorporated by reference into and made a part of this Master Agreement as if the summary had been
fully set forth in this Master Agreement; (b) the Contractor represents that the chief executive officer
authorized signatory of the Master Agreement and all key employees of such officer or signatory have
read and understood the summary and agree to comply with the provisions of state ethics law; (c)
prior to entering into a contract with any subcontractors or consultants, the Contractor shall provide
the summary to all subcontractors and consultants and each such contract entered into with a
subcontractor or consultant on or after July 1, 2021, shall include a representation that each
subcontractor or consultant and the key employees of such subcontractor or consultant have read
and understood the summary and agree to comply with the provisions of state ethics law; (d) failure to
include such representations in such contracts with subcontractors or consultants shall be cause for
Termination of the Master Agreement; and (e) each contract with such contractor, subcontractor or
consultant shall incorporate such summary by reference as a part of the contract terms.
54. Force Majeure
a. The parties shall not be excused from their respective Master Agreement obligations except in
the case of Force Majeure Events and as otherwise provided for in this Master Agreement.
b. If a Force Majeure Event prevents a party from complying with any obligation or satisfying any
conditions under this Master Agreement, then that failure to comply will not constitute a Breach if
(A) that party uses reasonable efforts to comply; (B) that party's failure to comply is not due to its
failure to (i) take reasonable measures to protect itself against Force Majeure Events or (ii)
develop and maintain a reasonable contingency plan to respond to Force Majeure Events; and
(C) that party complies with its obligations under subsection (c) of this Section.
C. If a Force Majeure Event occurs, then the noncomplying party shall promptly notify the other party
of occurrence of that Force Majeure Event, its effect on its obligations under this Master
Agreement, and how long the noncomplying party expects the noncompliance to last. Thereafter,
the noncomplying party shall update that information as reasonably necessary, or as the other
party may reasonably request, whichever is more frequent. During a Force Majeure Event, the
noncomplying party shall use reasonable efforts to limit damages to the other party and to
resume complying with its Performance and obligations under this Master Agreement.
d. Failure to provide written notice of any Force Majeure Event as soon as the failing party becomes
aware of it, or failure by the other party to Act in response to the notice, does not excuse any
delays or failures in Performance or obligations.
55. Notice
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Agreement 22PSX0021
a. All notices, demands, requests, consents, approvals or other communications required or
permitted to be given or which are given with respect to this Master Agreement (for the purpose
of this Section collectively called "Notices") shall be deemed to have been effected at such time
as the notice is placed in the U.S, mail, first class and postage pre -paid, return receipt requested
or placed with a recognized, overnight express delivery service that provides for a return receipt.
All such Notices shall be In writing and shall be addressed as follows:
If to DAS:
State of Connecticut Department of Administrative Services
Procurement Division
450 Columbus Boulevard, Suite 1202
Hartford, CT 06103
Attention:.. Michael Baczewski .
If to the Contractor:
Sentinel Offender Services, LLC
1290 N Hancock Street, Ste 103
Anaheim, Ca 92807
Attention: Leo Carson, Vice President Strategic Sales
b. Details regarding invoices and all technical or day-to-day administrative matters pertaining to this
Master Agreement shall be directed to:
Purchasing Entity: The individual specified In the applicable Purchase Order.
Contractor: The individual designated by Contractor in the response to the Solicitation or as the
Contractor may otherwise designate in writing to the Purchasing Entity.
56. Headings
The headings given to the Sections in this Master Agreement are Inserted only for convenience and
are in no way to be construed as part of this Master Agreement or as a limitation of the scope of the
particular Section to which the heading refers.
57. Number and Gender
Whenever the context so requires, the plural or singular shall include each other and the use of any
gender shall Include all genders.
58. Amendments, Supremacy, Entirety of Master Agreement
No amendment to or modification of this Master Agreement shall be valid or binding unless made in
writing, signed by the parties and, if applicable, approved by the Connecticut Attorney General. Any
and all Purchase Orders, Statements of Work or other documents authorized in connection with this
Master Agreement shall be subject to the terms of this Master Agreement. Any additional terms within
any such Purchase Order, SOW, or other document that contradict the terms of this Master
Agreement shall have no force or effect and shall in no way affect, change or modify any of the terms
of this Master Agreement. This Master Agreement contains the complete and exclusive statement of
the terms agreed to by the parties.
Page 32 of 37
Agreement 22PSX0021
59. Severability
If any term or provision of this Master Agreement or its application to any person, entity or
circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder of this Master
Agreement or the application of such term or provision shall not be affected as to persons, entities or
circumstances other than those as to whom or to which it is held to be invalid or unenforceable. Each
remaining term and provision of this Master Agreement shall be valid and enforced to the fullest
extent possible by law.
60. Risk of Loss and Insurance
The Purchasing Entity shall not be liable to Contractor for any risk of Deliverable loss or damage
while Deliverables are in transit, or while in the Purchasing Entity's possession, except when such
loss or damage is due directly to the Purchasing Entity's negligence or intentional misconduct.
Nothing in this Section is intended nor shall it be construed, in -any manner, as waiving or
compromising the sovereign immunity of the Purchasing Entity.
The insurance required by this Section shall be on such forms, and contain such endorsements and
terms, as shall be acceptable to the Lead State. Contractor agrees to purchase extended reporting
period coverage for a period of three (3) years for claims that are made (filed) after the cancellation
or expiration date of the policy.
Before commencing Performance, the Contractor shall obtain and maintain at its own cost and
expense for the Term of this Master Agreement, the insurance described below. Contractor shall
assume any and all deductibles in the described insurance policies. The Contractor's insurers shall
have no right of recovery or subrogation against the State and the described Contractor's insurance
shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall
not affect coverage provided to the State.
Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct
business in each Participating Entity's state and having a rating of A-, Class VIl or better, in the most
recently published edition of A.M. Best's Insurance Reports. Failure to buy and maintain the required
insurance may result in this Master Agreement's termination or, at a Participating Entity's option,
result in termination of its Participating Addendum.
Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a
Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware of
expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or
expiration, nonrenewal or expiration otherwise may occur.
Contractor shall provide to Participating Entities the same insurance obligations and documentation
as those specified in this section, except the endorsement is provided to the applicable Participating
Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days
after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage
may, at the sole option of the Lead State, or any Participating Entity, result in this Master
Agreement's termination or the termination of any Participating Addendum.
Insurance coverage and limits will not limit Contractor's liability and obligations under this Master
Agreement.
a. Commercial General Liability
Throughout the.Term and during the time that any provisions survive the Term, Contractor shall
maintain, at Contractor's sole cost and expense, a policy or policies of commercial general liability
insurance, including contractual liability coverage, in an amount not less than
$1,000,000 for all damages arising out of bodily injuries to, or death of, all persons and injuries to
Page 33 of 37
Agreement 22PSX0021
or destruction of property, in any one accident or occurrence, and, subject to that limit per
accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of
bodily injuries to, or death of, all persons and injuries to or destruction of property per policy
period. The Contractor shall cause the State and its officers, agents, and employees to be named
as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the
declaration page and (3) the additional insured endorsement to the policy to the Lead State all in
an electronic format acceptable to the Lead State prior to the Effective Date evidencing such
coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to
the Lead State. Contractor shall provide an annual electronic update of the 3 documents to the
Lead State on or before each anniversary of the Effective Date during the Term. The State shall
be entitled to recover under the insurance policy even if a body of competent jurisdiction
determines that the State is contributorily negligent, but only for that portion of the negligence
attributable to the Contractor and not for that portion of the negligence attributable to the State.
. b.. Automobile Liability
$1,000,000 combined single limit per accident for bodily injury and property damage. Coverage
extends to owned, hired and non -owned automobiles. If the Contractor does not own an
automobile, but one is used in the execution of this Master Agreement, then only hired and non -
owned coverage is required. If a vehicle is not used in the execution of this Master Agreement,
then automobile coverage is not required.
c. Workers' Compensation and Employer's Liability
Contractor shall maintain Worker's Compensation and Employer's Liability insurance in
compliance with the laws of the state of Connecticut, which coverage shall include Employer's
Liability coverage with minimum limits of $100,000 for each accident, $500,000 for disease, and
$100,000 for each employee, per policy period, or as otherwise required by the laws of the
applicable Participating Entity or Purchasing Entity.
d. Excess /Umbrella Liability
Excessfumbrella liability insurance may be included to meet minimum requirements. Umbrella
coverage must indicate the existing underlying insurance coverage.
e. Information Security Privacy
Throughout the Term, Contractor shall carry, at Contractor's sole cost and expense, an
information security and privacy Insurance policy with limits not less than $1,000,000 per
occurrence or claim, $1,000,000 annual aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as is undertaken by Contractor in this Master Agreement
and shall include, but not limited to, claims involving security breach, system failure, data
recovery, business interruption, cyber extortion, social engineering, infringement of intellectual
property, including infringement of copyright, trademark, trade dress, invasion of privacy
violations information theft, damage to or destruction of electronic information, release of private
information, and alteration of electronic information. The policy shall provide coverage for breach
response costs, regulatory fines and penalties as well as credit monitoring expenses.
f. Professional Liability
During the Term, and for a period of three (3) years thereafter, the Contractor shall carry
Professional Liability Insurance in the amount of $5,000,000 per Claim and Annual Aggregate.
Contractor shall provide the State a certificate of insurance evidencing such Professional Liability
Insurance coverage upon written request on an annual basis and shall not begin Performance
until such a certificate has been provided to the Purchasing Entity.
Page 34 of 37
Master Agreement 22PSX0021
61. Chief Information Officer Approval of Subcontractors
In accordance with Conn. Gen. Stat. § 4d-32, Contractor shall not award a subcontract for work under
this Master Agreement without having first obtained the written approval of the Chief Information
Officer of the Department of Administrative Services or their designee of the selection of the
subcontractor and of the provisions of the subcontract,
62. References to Statutes, Public Acts, Regulations, Codes and Executive Orders
All references in this Master Agreement to any statute, public act, regulation, code or executive order
shall mean such statute, public act, regulation, code or executive order, respectively, as it has been
amended, replaced or superseded at any time. Notwithstanding any language in this Master
Agreement that relates to such statute, public act, regulation, code or executive order, and
notwithstanding a lack of a formal amendment to this Master Agreement, this Master Agreement shall
always be read and interpreted as if•it contained -the most current and applicable wording and
requirements of such statute, public act, regulation, code or executive order as if their most current
language had been used in and requirements incorporated into this Master Agreement at the time of
its execution.
63. Large State Contract Representation for Contractor
Pursuant to Conn. Gen. Stat. § 4-252 and Acting Governor Susan Bysiewicz Executive Order No. 21-
2, promulgated July 1, 2021, the Contractor, for itself and on behalf of all of its principals or key
personnel who submitted a bid or proposal, represents:
(1) That no gifts were made by (A) the Contractor, (B) any principals and key personnel of the
Contractor, who participate substantially in preparing bids, proposals or negotiating State
contracts, or (C) any agent of the Contractor or principals and key personnel, who participates
substantially in preparing bids, proposals or negotiating State contracts, to (1) any public official
or State employee of the State agency or quasi- public agency soliciting bids or proposals for
State contracts, who participates substantially in the preparation of bid solicitations or requests
for proposals for State contracts or the negotiation or award of State contracts, or (ii) any public
official or State employee of any other State agency, who has supervisory or appointing
authority over such State agency or quasi -public agency;
.(2) . That no.such principals.and.key personnel of the Contractor, or agent of the Contractor or
of such principals and key personnel, knows of any action by the Contractor to circumvent such
prohibition on gifts by providing for any other principals and key personnel, official, employee or
agent of the Contractor to provide a gift to any such public official or State employee; and
(3) That the Contractor is submitting bids or proposals without fraud or collusion with any
person.
64. Large State Contract Representation for Official or Employee of State Agency
Pursuant to Conn. Gen. Stat. § 4-252 and Acting Governor Susan Bysiewicz Executive Order No. 21-
2, promulgated July 1, 2021, the State official or employee represents that the selection of the
person, firm or corporation was not the result of collusion, the giving of a gift or the promise of a gift,
compensation, fraud or inappropriate influence from any person.
65. Reserved.
Page 35 of 37
i
Master Agreement 22PSX0021
66. Consulting Agreements Representation
Pursuant to Conn. Gen. Stat. § 4a-8.1; the person signing this Contract on behalf of the Contractor
represents, to their best knowledge and belief and subject to the penalty of false statement as
provided in Conn. Gen. Stat. § 53a-157b, that the Contractor has not entered into any consulting
agreements in connection with this Contract, except for the agreements listed below. "Consulting
agreement' means any written or oral agreement to retain the services, for a fee, of a consultant for
the purposes of (A) providing counsel to a contractor, vendor, consultant or other entity seeking to
conduct, or conducting, business. with the State, (B) contacting, whether in writing or orally, any
executive, judicial, or administrative office of the State, including any department, institution, bureau,
board, commission, authority, official or employee for the purpose of solicitation, dispute resolution,
introduction, requests for information, or (C) any other similar activity related to such contracts.
"Consulting agreement" does not include any agreements entered into with a consultant who is
registered under the provisions of chapter 10 of the Connecticut General Statutes as of the date such
contract is executed in accordance with the provisions of Conn. Gen. Stat. §4a-81.
Consultant's Name and Title Name of Firm (if applicable)
Start Date End Date Cost
The basic terms of the consulting agreement are:
Description of services provided:
Is the consultant a former State employee or former public official? 0 YES 0 NO
If YES:
Name of Former State Agency Termination Date of Employment
Page 36 of 37
Agreement 22PSX0021
parties are executing this Master Agreement on the date below their respective signatures.
Sentinel Offender Services; LLC
BY:
Delvils Teen
Name: Dennis Fuller
Title: Chief Financial Officer
Duly Authorized
Date: 12/14/2023
STATE OF CONNECTICUT
Department of Administrative Services
Solely for the purposes of acting in its capacity as the Lead State, thereby enabling states, other entities and
the Lead State to contract using this Master Agreement, by executing a Participating Addendum.
BY: /U
Name: Mark Raymond
Title: Chief Information Officer
Duly Authorized
Date: 12/14/2023
Page 37 of 37
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
I. Scope of Deliverables:
Contractor Deliverables, all as listed in Exhibit B, Price Schedule, shall include:
1. Real time electronic monitoring of home confinement 24 hours per day, 7 days
per week, and 365 days per year ("24/7/365").
2. System implementation, integration, configuration, validation and deployment of
the Licensed Software within a Hosting Environment and Hosting Services for
radio frequency monitoring ("RF"), alcohol monitoring ("AM") and global
positioning system ("GPS") satellite monitoring. Contractor shall provide Licensed
Software for Purchasing Entity authorized Users.
3. Hardware including bracelet device, ankle device, receiver ("base station" or
"beacon"), GPS device and associated accessories.
4. Preventative Maintenance and Support of Hardware:
A. For RF, preventative maintenance and support of RF Patrol landline
bracelet and landline receiver and RF Patrol cellular bracelet and cellular
receiver, including repair and replacement of hardware in the event of
failure resulting from normal wear and tear.
B. For AM, preventative maintenance and support of Breath Alcohol/Real-
Time device and charger, SCRAM Remote Breath Pro and charger, and
SCRAM CAM bracelet and CAM wireless base station or CAM landline
base station including repair and replacement of hardware in the event of
failure resulting from normal wear and tear.
C. For GPS satellite monitoring, preventative maintenance, and support of
OM Series inclusive of GPS device, charger, backplate, standard
reusable strap, 10 pin sets and OM500 and beacon including repair and
replacement of hardware in the event of failure resulting from normal
wear and tear.
5. Lost, Damaged, Stolen Hardware Surplus Replacement for Lease Option for RF,
AM and GPS satellite monitoring:
Contractor shall provide Purchasing Entity a 5% annual allowance for lost,
damaged or stolen hardware.
6. Surplus Hardware Allowance for RF, AM and GPS satellite monitoring:
Contractor shall provide Purchasing Entity a 15% allowance for on -Site spare
hardware.
7. Optional increase of on -Site spare hardware allowance to 25% for RF, AM and
GPS satellite monitoring:
Page 1 of 9
MASTER AGREEMENT M 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
Contractor shall provide Purchasing Entity a 25% allowance for on -Site spare
hardware.
8. Optional increase of on -Site spare hardware allowance to 30% for RF, AM and
GPS satellite monitoring:
Contractor shall provide Purchasing Entity a 30% allowance for on -Site spare
hardware.
9. Optional Direct Offender Billing Service for RF, AM and GPS satellite monitoring:
Contractor shall provide direct offender billing service as instructed by
Purchasing Entity.
10.Optional Spot Check Smartphone Check -in and Video Call Service for RF, AM or
and GPS satellite monitoring:
A. Contractor shall provide Spot Check Smartphone Check -in and Video
Call Service based on a minimum of 25 offenders making daily check -ins,
weekly interviews and 1 video call to Purchasing Entity User per month as
instructed by Purchasing Entity.
B. If an offender is serviced under more than one monitoring category, for
example, AM and GPS satellite monitoring, Contractor shall only bill
Purchasing Entity one time for this service.
11.Optional Random/Scheduled Tracking Services for RF only:
Contractor shall provide ShadowVoice and/or Shadowlnteractive Module,
ShadowLocate Module, and/or Shadow Interactive Module, ShadowLocate
Module and ShadowView Module as instructed by Purchasing Entity.
12.Optional Live Monitoring Services, 24/7/365:
A. For RF and AM, Contractor shall provide closed -loop notification,
escalating notification, offender curfew and hardware status alert reports
by fax or telephone, verbal notification made by Contractor monitoring
center staff to Purchasing Entity User or Purchasing Entity authorized
offender, outbound calls to offenders, outbound calls to both Purchasing
Entity and offenders as instructed by Purchasing Entity.
B. For GPS satellite monitoring, Contractor shall provide closed -loop
notification, escalating notification, offender curfew and hardware status
alert reports by fax or telephone, verbal notification made by Contractor
monitoring center staff to Purchasing Entity User or Purchasing Entity
authorized offender, outbound calls to offenders, outbound calls to both
Purchasing Entity and offenders and analytics (point pattern analysis,
Page 2 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
event detection) and victim notification services (manual notification) as
instructed by Purchasing Entity.
13.Optional Direct Offender Billing Service for RF, AM and GPS satellite monitoring:
Contractor shall provide direct offender billing service as instructed by
Purchasing Entity.
14.Optional Offender Hardware Installation, and Removal Services for RF, AM and
GPS satellite monitoring:
Contractor shall provide offender hardware installation and removal services as
instructed by Purchasing Entity.
15.Optional Offender and Victim OM Series GPS for Optional Mobile Exclusion
Zone Domestic Violence Program for GPS satellite monitoring only:
Contractor shall provide OM Series GPS for optional mobile exclusion zone
domestic violence program as instructed by Purchasing Entity.
16.Optional Victim Smartphone Application for GPS satellite monitoring only:
Contractor shall provide the victim smartphone application as instructed by
Purchasing Entity.
17.Optional Automated Monitoring for Purchased OM500 Device and Purchased
Beacon for GPS satellite monitoring only:
Contractor shall provide -automated monitoring for a purchased OM500 device
and purchased beacon as instructed by the Purchasing Entity.
18. System maintenance and support in accordance with Exhibit C, Service Level
Agreement and Maintenance and Support.
19. Contractor shall deliver a System that must:
A. Be minimally obstructive to offenders' daily lives with Goods, Services
and Systems that do not interfere with the offender's ability to seek,
including but not limited to, employment or education.
B. In real time, restrict offender to the geofenced area(s) established by the
Purchasing Entity, which may include but not be limited to, a range of 35
to 150 linear feet of the offender's home and/or residence and be able to
report to the Purchasing Entity the location of offender outside any
structure and/or building.
Page 3 of 9
MASTER AGREEMENT M 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
C. In real time, track and record time and collect and store offender GPS
location points at a frequency not less than once every minute.
D. Comply with Participating Entity's directive and timeline for installing or
removing all Goods and/or turning off offender monitoring. -
E. Incorporate best -in class functionality related to charging capabilities,
connectivity flexibility, tampering resistance, offender fit and feel and
water resistance as approved by the Purchasing Entity. Contractor shall
provide Upgrades as they become available at no additional cost to the
Participating Entity.
F. - Include Goods in new, dean, damage free, and operative order.
Contractor shall not propose or deliver as part of any Deliverables
remanufactured or refurbished Goods. Goods delivered must comply
with the electronic surveillance and/or monitoring standards set by the
U.S. Department of Justice, including, without limitation, Goods must be:
i. Able to operate in active, passive and hybrid modes.
ii. Capable of being worn on the offender's ankle.
iii. Water resistant.
iv. Hypoallergenic and not pose a safety risk or hazard to the
offender wearing the Good(s).
v. Easily attached to and removed from the offender by Purchasing
- - Entity -or Contractor in less -than 10-minutes.
vi. Shock -proof.
vii. Connect to the Contractor's System through a cellular network.
viii. Configurable to utilize multiple cellular towers within the
Participating Entity and/or Purchasing Entity jurisdiction(s) for
optimum offender location tracking service coverage.
ix. Supplied with a rechargeable battery that operates on standard
110-volt household current and can maintain a charge for a
minimum of 16 hours.
x. Supplied with the functionality for Participating Entity to
communicate with the offender using at least the following
-capabilities: voice, text, tone, vibration, light and liquid crystal
display.
Page 4 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
G. Allow Users of a Purchasing Entity to digitally track, monitor, receive real-
time offender violation alert notifications and restrict offender travel within
a designated area, as determined by the Purchasing Entity.
H. Allow Purchasing Entity to enroll offender pursuant to court order, remove
offender from database, modify Purchasing Entity Data, generate reports,
add notes, and otherwise perform offender case management activities
by fax, email, web -based and/or telephone.
I. Generate and make available 24/7/365 offender digital -activity reports in a
format approved by Purchasing Entity. Offender digital activity reports
must include, without limitation:
i. Offender missed calls and/or notifications from the Contractor
and/or Purchasing Entity.
fl. Offender non-compliance with Purchasing Entity determined
offender curfew(s).
W. Offender location including inclusion and exclusion zone
violations.
iv. Malfunctions of devices used by offender.
v. Offender tampering.
vi. Detection of low power or battery for Goods used by offender.
J. Include customizable, System notification functionality including immediate
and next calendar day notifications via secure email, phone voice
message, and cellular text message.
K. Include monitoring center(s) with an uninterruptible power supply, located
within the continental United States and equipped with redundant internet
and telephone connectivity and inventorying of Goods as required by the
Purchasing Entity pursuant to the Participating Entity's PA.
L. If Contractor is authorized by a Purchasing Entity to invoice offender(s)
directly, allow Contractor to establish, in writing with the Purchasing
Entity, the fee schedule including but not limited to any late fees incurred
by offender(s) for insufficient payment.
M. Provide that all monitoring Service(s) are staffed by Contractor Parties
and operate continuously, 24/7/365.
N. Provide that all Contractor Parties Performing Services shall be Original
Equipment Manufacturer ("OEM") trained and shall effectively and
Page 5 of 9
MASTER AGREEMENT #: 22PSX0021
• EXHIBIT A
DELIVERABLES DOCUMENT
efficiently deliver technical assistance to Purchasing Entity and offenders,
as applicable.
O. Provide that Contractor and Contractor Parties Performing monitoring
centers shall be fully trained in the System functionality including the
Goods and monitoring services delivered to the Purchasing Entity and
used by the offender.
P. Comply with all applicable local, state, and federal policies, regulations,
and laws including but not limited to; the U.S. Department of Justice, the
Federal Communication Commission ("FCC") and the National Institute of
Standards and Technology ("NIST") including NIST 800-53 or most
current NIST directive. Contractor Deliverables shall comply with all new
state federal and local regulations, policies and/or laws at no additional
expense to the Purchasing Entity.
Q. Comply with Purchasing Entity's requirements for electronic monitoring
systems and technology.
II. Licensing, Permits and Certificates:
Prior to Performance, Contractor shall obtain, at no additional cost to the Purchasing
Entity, all applicable permits, licenses, and certificates. Contractor shall furnish all
applicable permits, licenses and/or certificates to the Purchasing Entity upon request.
III. Needs Assessment:
Upon Participating Entity's or Purchasing Entity's request and prior to the issuance of a
PA, SOW and/or Purchase Order, Contractor shall:
1. At no cost, schedule a mutually agreed to date and time to conduct an initial
needs assessment ("Needs Assessment Meeting") to assist a Participating Entity
or Purchasing Entity.
2. During the Needs Assessment Meeting, Contractor shall assess and identify
Deliverables System needs, to satisfy Participating Entity's or Purchasing Entity's
need.
3. Upon the completion of the Needs Assessment Meeting, Participating Entity or
Purchasing Entity may require Contractor to provide a summary of the
Deliverables to be incorporated in the PA or SOW, as applicable.
IV. SOW Guidelines for Purchasing Entities:
Unless otherwise required by the Purchasing Entity, the SOW must include, without
limitation:
1. Project Objectives: a summary of the Purchasing Entity's project.
Page 6 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
2. Scope of Services: the specific Deliverables, Acceptance Criteria for each
Deliverable, Performance Criteria, and Service requirements, as applicable.
3. Deliverable Implementation Schedule: the specific timeline and implementation
for each Deliverable.
4. Cost, pursuant to Exhibit B, Price Schedules.
5. Services and associated Deliverables, as identified by Contractor in collaboration
with the Purchasing Entity, including but not limited to:
A. Project Management:
Tasks within project management may include, but are not limited to:
I. Project kick-off which may include virtual meetings, meetings in
person or both; preparing and distributing kick-off materials, and
distribution of any agenda, notes or minutes;
ii. Business visioning and analysis that includes current and future
Purchasing Entity Goods, Services and System needs;
iii. Project schedule for all tasks and activities;
iv. Status reporting plan, including daily, weekly, monthly, and ad -hoc
reporting in both written and oral formats;
v. • - Project resource management plan;
vi. Project organizational structure;
vil. Risk management and mitigation plan;
viii. Issue management plan;
ix. Deliverables management plan;
X. Project communication plan;
xi. Quality management plan;
xii. Testing strategy and plan that must include testing environments,
tools, and a modular testing approach considering transitional
operations;
xiii. Document management plan that must include naming,
versioning, and style approved by the Purchasing Entity;
Page 7 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
xiv. Knowledge transfer plan for transferring knowledge base and all
project Documentation to Purchasing Entity staff and as
applicable, Purchasing Entity's identified stakeholders;
xv. Support Purchasing Entity from project implementation. through
Go -Live deployment; and
xvi. Other content as Contractor or Purchasing Entity determine to be
necessary or appropriate considering the nature of the project.
B. Complete System Integration, standard or custom, System configuration
and System implementation, to include, testing and validating Licensed
Software to determine suitability before integration into Purchasing
Entity's existing system(s) and infrastructure(s) including, but not limited
to:
I. Data conversion and migration services.
ii. System solution design, configuration including functional,
technical, security, and the integration and interfacing with existing
infrastructure(s) and, as applicable, third -party billing systems.
III. Install, set up, and configure the System in the Hosted
Environment.
iv. Quality assurance and quality control services including System
Performance, security and maintainability.
v. Pursuant to Exhibit C, User training of System functionality,
access and use, and knowledge transfer, including all applicable
Documentation and Materials in accordance with the needs of the
Purchasing Entity.
vi. Pursuant to Exhibit C, Service Level Agreement and Maintenance
and Support, including technical support during the integration
project and throughout the Warranty Period.
vii. Project closeout services including, without limitation, post -
implementation System support, troubleshooting, System updating
and maintenance and support in accordance with Exhibit C
Service Level Agreement and Maintenance and Support.
C. Hardware and maintenance and support:
i. For RF, RF Patrol landline bracelet and landline receiver, or RF
Patrol cellular bracelet and cellular receiver and associated
maintenance and support.
Page 8 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT A
DELIVERABLES DOCUMENT
ii. For AM, Breath AlcohoVReal-Time device and charger, SCRAM
Remote Breath Pro and charger, and SCRAM CAM bracelet and
CAM wireless base station or CAM landline base station and
associated maintenance and support.
iii. For GPS satellite monitoring, OM Series inclusive of GPS device,
charger, backplate, standard reusable strap, 10 pin sets and OM
500 and beacon and associated maintenance and support.
Page 9 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
This Exhibit B Price Schedule Includes not to exceed "ceiling° pricing for Contractor for the electronic monitoring service offered. All Contractor costs are Included in the prices specified unless otherwise negotiated per Participating
Entity's PA. A Participating Entity reserves the right to further negotiate pricing per its PA.
1
Description,Item
Real time electronic monitorin of home confinement 24 hours per day, 7 days per week, and 365 days per year
Included at no additional cost.
2
System Implementation, integration, configuration, UAT and Go -Live deployment
3
Licensed Software for Purchasing Entity authorized Users
4
Hosted Services
5
System Training for unlimited Users:
• Web Based and/or Virtual Training
• On -Site
6
Preventative Maintenance and Support of Hardware
7
Lost,, Damaged, Stolen Hardware Surplus Replacement for Lease Option:
5% annual allowance for lost, damaged or stolen hardware
a
Surplus Hardware Allowance:
15% allowance for onSite spare hardware
9
Optional increase of on -Sites are landline hardware allowance to 25%
$0.10 per active unit per day
10
Optional increase of on -Site spare landline hardware allowance to 30%
$0.20 per active unit per day
11
Optional increase of on -Sites are cellular hardware allowance to 25%
$0.15 per active unit per day
12
Optional Increase of on -Sites are cellular hardware allowance to 30%
$0.25 per active unit per day
13
Optional Spot Check Smarthone Check -in and Video Call Service
$1.15 per active unit per day
1
O 6ona1 Random/5cheduled:T.rackin Services• + � .. -Stu:... ,-.�...,:.:. _:,..:.,;- a.�. •<...:.�:...:,
14.1
ShadowVoice
$1.20 per active unit per day
14.2
Shadowlnteractive Module and ShadowLocate Module
Number of Users Rate per active User per day
1-300 $0.74
301-500 $0.72
501-750 $0.70
751-1,000 $0.60
1,001+ $0.49
14.3
Shadowlnteractive Module, ShadowLocate Module and ShadowView Module
Number of Users Rate per active User per day
1-500 $0.92
501-1,000 $0.79
1,001+ $0.66
alLive Monitorinj'Sdr.vld'&!§,,24171365"•-,...-:+-..,.... • :o-•. :>��, ; ; -... : ", s: :..<s • •_
15.1
Closed -loop Notification
$0.85 per active unit per day
15.2
Escalating Notification
$0.85 per active unit per day
15.3
Offender curfew and hardware status alert reports by fax or telephone
Included at no additional cost
15A
Verbal notification made by monitoring center staff to Purchasing Entity User or Purchasing Entity authorized
offender
$0.30 per active unit per day
15.5
1 Outbound Calls to Purchasing Entity User or Purchasing Entity authorized offender
$0.30 per active unit per day
15.6
Outbound calls to both Purchasing Entity User and Purchasing Enti thorized offender
$0.50 per active unit er da
6 ..>
O tional Contra d Servlces ,au ,: ... .ti.: ..� ., ,• _
ctor Provide
16.1
Direct Offender Billing Service
$1.50 er active unit per day
16.2
Offender Hardware Installation and Removal Service
$3.00 er active unit per day
Page 1 of 9
MASTER AGREEMENT 22PSX0021
EXHIBIT B
PRICE SCHEDULE
... ...... .
... - . ,
pail r y�R W Active Unit'
0 )464rwii�W
� 11,� too "0
'Descriptl6fit: :Z!; �.: :-;:�ii��......;.."..ii!:�ip.,-.::"*:*.-��:,...:'--
. . ..... .. .
-:1
RIF Iblar. nd uning
a. .....
u r of Units
Bracelet and Cellular Receiver
"CelfularMon o ngservice
Purchase
Bracelet
e u ar. ece ver
-1per kit):'
2
RIF Patrol Cellular and Cellular Receiver
1-100
$950.00
$0.48
$250.00
$800.00
101-250
$931
$0.44
5 .22
INN,
$800.00
251-500
1 $902.SD
i S0-42
nn
%Ann nn
.50
Page of
RF Patrol Cellular Bracelet and Cellular Receiver
101 - 250
,251 - 500
501 -1,000
MASTER AGREEMENT #: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
Page 3 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
1
DescriptionItem
Real time electronic monitorin of home confinement 24 hours per day, Mays er week and 365 days per year
Included at no additional cost.
2
System Implementation, Integration, configuration, UAT and Go -Live de to ment
3
Licensed Software for Users
4
Hosted Services
5
System Training for unlimited Users:
• Web Based and/or Virtual Training
• On -Site
8
1 Preventative Maintenance and Support of Hardware
7
Surplus Hardware Allowance:
5% annual allowance for lost, damaged or stolen hardware
a
Surplus Hardware Allowance:
15% allowance for on -Sites are hardware
9
Optional Increase of on -Sites are hardware allowance to 25%
$0.15 Per active unit per day
10
Optional increase of on -Site spare hardware allowance to 30%
$0.20 per active unit per day
11
.;.���0
12.1
Optional Spot Check Smart hone Check -in and Video Call Service 1 $1.15 per active unit per day
tional:l:iveMonitorin Service �2 •°�~ � � � » � - �, >�• �; r;:-
8 417/385 ...u"� ..�•;�-v�.�+>, ;.,�•r.�.r:�..; w r'�2r"�+�'";''--a � :� �rx .� �;�,� �, x ,>,r �x•ut:� s n �'' �ta;� r :'r�8'""°�' ��t���,•'�a'
Closed -loop Notifieation ,� �: •do-... .}<.k.r.:rri6 A, �. ,, a.n .', '�. <! ay,, tee':, � 41 y.)n � ,.?;c;��N'x4'aE= °�" .....st»..:c,.�,; 4
$0.85~per active unit per day
12.2
Escalating Notification
$0.85 per active unit per day
12.3
Offender curfew and hardware status alert reports by fax or telephone
Included at no additional cost
12A
Verbal notification made by monitoring center staff to Purchasing Entity User or Purchasing Entity authorized
offender
$0.30 per active unit per day
12.5
Outbound Calls to Purchasing Entity User or Purchasing Entity authorized offender
$0.30 er active unit per day
12.8 1
Outbound calls to both Purchasing Enti User and Purchasing Entity authorized offender 1
$0.60 per active unit Per da
-13kk'
13.1 1
O tldnalContractBrP.rdfiiiled•Senrices, . r�� .�. ,c�,r �;,�•_ <. , '* �•.�°� �
. ,... ._. ,.,. ..x,.n... .x.<.;s... .. .,•. :-;�:,..�u s�ytiAi.c_�,.is:v,a
Direct Offender Billing Servico
Y;•,. �* 4,., a • �, ��:v���- � <, s�-,
•.>.:. n-ri._.n3 x�,.,.<•. ., a,:•"a���� i:s�.i�,?M '. 4k�i:r�rAs <: :a �t?;.ft._�'�',.cv�..s, :tk�.:.tF^.s i.4i
$1.50 er active unit per de
13.2 1
Offender Hardware Installation and Removal Service 1
$3.00 Per active unit per day
Page 4 of 9
Item-MotlelOescJlption '
1 Breath Alcohol/Real-Time Device,
Charger
MASTER AGREEMENT M 22PSX0021
EXHIBIT B
PRICE SCHEDULE
Number
Breath AlcohollRedIA
of Units
Time Device and :
Cellular Monitoring. Servic
Charger.Purchase
(per kit
1 - 50
$825.00
$2.05
51 -150
$808.50
$2.00
151 - 300
$783.75
$1.90
301+
$742.50
$1.87
Breath Charger;
4lcohol/Real-
Time Device
Daily Rate Per Active Unit Per Day
Replacement Cost Per, Unit
Item.
Model Description ...
Number
SCRAM Remote
of Units.
Pro
Se rviceand
Remote
argCellularMng
eonitoNr
.Breath
Charger Purchase
Breath Pro'
War unit
2
SCRAM Remote Breath Pro, and
1 - 50
$950.00
$2.35
$675.00
$25.00
Charger
51 -150
$931.00
$2.30
$675.00
$25.00
00
Item
Model Description
SCRAM CAM
:.
SCRAM CAM _
Dail Rate:Per•Active
Unit Per Da
•• -Re
IacemenYCost Per
Umt
Number •
::. Bracelet and.CAM
Bracelet and CAM
Cellular`'Monitanng
Landline Monitoring " r
; "SCRAM•
CAM Wireless
..:
CAM Land!
of Units
Wireless Base
Landline Base
Service
Service
CAM.
Base Station..:
:Base Station.: _
Station Purchase
-Station Purchase
. Bracelet
`
Per Kit :':
`: Per Kit
3
SCRAM CAM Bracelet and CAM
1- 50
$1,400.00
$1,325.00
$4.74
$4.49
$600.00
$700.00
$600.00
Wireless Base Station or CAM
51 - 150
$1.372.00
$1,298.50
$4.69
$4.44
$600.00
$700.00
$600.00
Landline Base Station
151 - 300
$1,330.00
$1,258.75
$4.63
$4.38
$600.00
$700.00
$600.00
301+
$1,330.00
$1,258.75
$4.34
$3.89
$600.00
$700.00
$600.00
Page 5 of 9
MASTER AGREEMENT#: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
8*6iY.
Md'die'; 1 Des- c, nlyt on ij
Daily, Rate Per.p UpIt.Per Days
Replacement. Cost
Per
Number o
Units
6
Breath AlcoholfRoal-Time Devic
e, ce and
= Charger Led§6 and Cellular
Monitoring Service
Breath Alcohol/Real-
Time Device
Charger.-
1
Breath Alcohol/Real-Time Device, and
1-50
$4.05
$600.00
$25.00
Charger
$4.00
$600.00
$25.00
151-300
$3.90
1 $600.00
$25.02
1 qnl+
I Aq R7
I --tF;nn nn
I 49-9; nn
lteiii'
Model Description%
.
Ddily Rate Per Active, Unit Per Day:
Replacement Cost Per Unit,',
... . . .....
. . ........
r
d
Units
Z
Receiver arid.ChargerLease and
Cellular Monitoring Service.,.
:2
V.-;
ast
2
SCRAM Remote Breath Pro, and
1-5
$4.35
$675.00
$25.00
Charger
51-150
$4.30
$675.00
$25.00
151-300
$4.25
$675.00
1 $25.00
301+
$4.20
$675.00
1 $25.00
Item-
Mddelbescriptlori
Number of
Units
DaiiWRate PbrActivd',UhIt
PerDa
a
Replii6birient'C6st Pev-Unit,-
SCRAM CAM Bracblbt,and CAM,
Wireless Base Station Lease and
wCellular Monitoring Service ••Landline
SCRAM CAM'gracelet and CAM
Landline Base Station Lease and
Monitoring Service -
:*SCRAM CAM
Bracelet
Wireless
**.Base Station !-.+
AM Landllne.
Base Station--
3
SCRAM CAM Bracelet and CAM
Wireless Base Station or CAM Landline
Base Station
1
1-50
$8.74
$7.49
$600.00
$700.00
$600.00
51-150
1 $8.69
$7.44
1 $600.00
$700.00
$600.00
151-300
$8.63
$7.38
$600.00
$700.00
$600.00
301+
$8.34
$6.89
$600.00
$700.00
$600.00
Page 6 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
.i- 1 r..i',. ti� ,.y -.+.;«».r •^tw�,.t � r � .}>. . i"� r.-p..:, :`a.:,, `�, _ 'w 'N' + •.7a"".e. - '�:.
`.`_�' ya Y. IY •�W°'+Q: .eti,.. .tw'i .n. .r aJ e> F�''i "'�.�'"V'
:�: •*�. tfC �MOIfi-L� �j. � 7 t y"i!w � �c ,�P• r.� .a. Jj.. 3a.
C` Y Elec",fir, ni r,�n. Serv„ic;rLCate o ,G,P��SSatef.lite IVlonitor�n
�,�:.. �.- _ .,.. :..�c,.' _„ems.-... .dam.._ . �.,.,s.:•,., _ .z. _�. �
- ._...,._ .....+K......t.,. ......._.r�.�S.Si 'i...ia..�,a._:.
Contractor. Sentinel Offender Services. LLC Delivery:
1
Real time electronic monitoringof home confinement 24 hours per da 7 days per week, and 365 days per year
Included at no additional cost.
2
System Implementation, Integration, configuration, UAT and Go -Live deployment
3
Licensed Software for PurchasingEntityauthorized Users
4
Hosted Services
5
System Training for unlimited Users:
• Web Based and/or Virtual Training
• On -Site
6
Preventative Maintenance and Support of Hardware
7
Surplus Hardware Allowance:
5% annual allowance for lost damaged or stolen hardware
8
Surplus Hardware Allowance:
15% allowance for on -Sites are hardware
9
Optional offender OM Series GPS for Optional Mobile Exclusion Zone Domestic Violence Program
$5.50 per active unit per day
10
Optional victim OM Series GPS for Optional Mobile Exclusion Zone Domestic Violence Program
$5.50 per active unit per day
if
Optional Victim Smart hone Application
$2.00 per active unit per day
12
Optional automated monitoring for purchased OM 500 Device
$1.25 peractive unit perda
13
Optional automated monitoring for purchased beacon
included at no additional cost
14
Optional increase of on -Site spare hardware allowance to 251/6
$0.15 per active unit per day
15
Optional increase of on -Sites are hardware allowance to 30%
$0.25 per active unit per day
16
O tional Mot Check Smarthone Check -in and Video Call Service
$1.15 per active unit per day
17.•::�
O tional Live Momtonn •Services; 24/7/365 '. ...:... _ _ • .. :. ;..'..._ a.F....> . xre , m a.®>KgK{`�.♦:xr> . _�."r�' a.` z.f ,?_ r, �. t '
17.1
Closed -loop Notification
$0.85pper active unit per day
17.2
Escalatinq Not cation
$0.85 per active unit per day
17.3
Offender curfew and hardware status alert reports by fax or telephone
Included at no additional cast
17.4
Verbal notification made by monitoring center staff to Purchasing Entity User or Purchasing Entity authorized
offender
$0.30 per active unit per day
17.6
Anal ics Point Pattern Analysis, Event Detection
$0.35 per active unit per day
17.6
Victim Notification Services Manual Notification
$1.00 per active unit per day
17.7
Outbound Calls to Purchasing Entity User or Purchasing Entity authorized offender
$0.30 per active unit per day
17.8
Outbound calls to both Purchasing Entity Users and Purchasin Ent it authorized offender
$0.50 per active unit per day
8 _O
tionaRContraetorRro�ided cvl'casa.,...;;
$e
18.1
1 Direct Offender Billin Service
$1.50 er active unit erda
18.2
Offender Hardware Installation and Removal Service
$3.00 er active unit per day
Page 7 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT B
PRICE SCHEDULE
Daily Rate =
Replacement Cost Per'Umt
Item
Model
:.
Air Active U r Da
nit Pe
Descri tion
OM50Q
Beacon
Optional Cut
Numberrof•Units
aqd
Only, :> -
- ....:_
_
ReslstanY°.,-=
Active
Passive
H brfd.
Y
,
-
.
Beacon
Purchase
Reusable _
_,: -
- Y:Monitonn
; Monitorin
Monitorin ..:
: ,:_ -. _..
- :
5tanda =,
=:O Ronal Cut-
Purchase .:
- .O tom;:
u ,_.
Stra ._.::;
;:Service Mode !
:Service Mode
.... ... . :
Service Mode
GFS [)evice ,!._...,
:. -
-: Beaeon :.
Gharget
:. ... _ _. <
Reusable.._
Resistant
Rrl'ce
(Per Unit)
St rap
Reusable Strap
"
Per Unit •
''
2
OM500 and
1 -100
$995.00
$350.00
$39.00
$0.90
$0.85
$0.87
$550.00
$250.00
$45.00
$25.00
$39.00
Beacon or
101 - 250
$975.10
$332.50
$39.00
$0.85
$0.80
$0.82
$550.00
$250.00
$45.00
$25.00
$39.00
Beacon Only
251 - 500
$945.25
$332.50
$39.00
$0.80
$0.75
$0.77
$550.00
$250.00
$45.00
$25.00
$39.00
501 -1,000
$895.50
$332.50
$39.00
$0.60
$0.56
$0.58
$550.00
$250.00.
$45.00
$25.00
$39.00
1,001-2,000
$845.75
$332.50
$39.00
$0.45
$0A1
$0.43
$550.00
$250.00
$45.00
$25.00
$39.00
2,001- 3,500
$796.00
$332.50
$39.00
$0.25
$0.21
$0.23
$550.00
$260.00
$45.00
$25.00
$39.00
3,501+
1 $746.25
$332.50
$39.00
.$0.21
$0.17
$0.19
$550.00
$250.00
$45.00
$25.00
$39.00
Page 8 of 9
MASTER AGREEMENT 22PSX0021
EXHIBIT B
PRICE SCHEDULE
Daily Rate
Active Unit Per.
Day..
m 0 w
e !ad hientCost
Per
Itemi
Model
Description
M Series Inclus1ve,:.-.:OOtIonaI
Cut Resistant
Active Monitoring'
P ds'51v"e'
Hybhd
Of GPS Device
'Charger,
Reusable Strap for
Service Mode
Monitoring
Monitoring
Standard
'OptionalCut-
Backplatdi'
Purchase."
-.-Service
Service
Re
..Resistant
:.Units
.Standard Reusable
Ificluded In lease..
-::2nce
M ode
-M ode..:
GPS D eVice:,.-
.::i. :Chii;4q.:�j.j::!'�:-_..
...Reusable. Strap.
t
:'ZIra p and ten 10 )
j
alit: hil HH!;ii!;!;�
ease 'Sets L
.. . ...... ... ..
. . ... .... .
IN
(Per Unit
.. .. .... ..
I
OM Series
1-100
$2.00
$39.00
$0.90
0.85
$0.87
$550.00
$45.00
$25.00
$39.00
Inclusive of GPS
101-250
$2.00
$39.00
$0.85
$0.80
$0.82
$550.00
$45.00
$25.00
$39.00
Device, Charger,
251-500
$2.00
$39.00
$0.80
$0.75
$0.77
$550.00
wm
$25.00
$39.00
Backplate,
Standard
501-1,000
$2.00
$39.00
$0.60
$0.56
$0.58
$550.00
$45.00
$25.00
$39.00
Reusable Strap
1,001 - 2,000
$2.00
$39.00
$0.45
$0.41
$0.43
$550.00
$45.00
$25.00
$39.00
and ten (10) Pin
2,001 - 3.500
$2.00
$39.00
$0.25
$0.21
$0.23
$550.00
$45.00
$25.00
$39.00*
Sets
3,501+
$2.00
$39.00
$0.21
$0.17
$0.19
$550.00
$45.00
$25.00
$39.00
"R011 'Rat6
x
Per Adwe Unit
Per DaY..`,�
. . .....
I e
R m
ep ace
nt Cottpbr
_ModelItem Descnptfon
lion! Cu
u t
t
ive
assjv&�4_
H y rid .
b
U:. 71
`
u Number "of
mb
an d
Resf
ResistantMonitoring`—
'Monitoring..
-Monitoring
:.::: wr
Optional Cut-,
Units .
.:Beacon
Reusable Strap forService
Service
..Service.
166'
-Beacon
arger
St afidiid:z'
Resistant
!.
Lease
Purchase (not
Mode
Mode:.:."
Mode
Reusable
Reusable
(Per Unit)
Included In lease
�'Strbp.
Strap
price) -
. .-
and
1
r2._4_5r
$39.00
$0.90
$0.85
$0.87
$550 .00
$250.00
$45.00
$25.00
$39.00
Beacon or Beacon
101-250
$2.45
$39.00
$0.85
$0.80
1 $0.82
$550.00
$250.00
$45.00
$25.00
$39.00
Only
251-500
$2.45
$39.00
$0.80
$0.75
1 $0.77
1 $550.00
1 $250.00
$45.00
1 $25.00
1 $39.00
$2.45
Page 9 of 9
MASTER AGREEMENTM 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
1. System Availability:
Throughout the Term and at all times In connection with its actual or required
Performance under the Master Agreement and applicable PA, Contractor shall:
1. Provide System Availability (defined below) at least 99.999% of the
Available -Time -per -Month as measured over the course of each calendar
month, 24 hours per day, 7 days per week.
2. Calculation:
The 99.999% required System Availability *(Computed % Availability)
(exclusive of Excluded Unavailability, as defined below) during any calendar
month of productive Purchasing Entity use is computed as follows:
(Available -Time -per -Month) - (Downtime -per -Month)
Computed % Reliability =-------------- _----------------- — -------- —------- ---_______—_
(Available -Time -per -Month)
"Available -Time -per -Month" is equated to 24 hours times the number of days in
the month. Downtime -per -Month is equated to those minutes of Available -Time -
per -Month during which the Purchasing Entity or any specific site does not have
System Availability.
Given: Available -Time -per -Month was 720 hours.
Downtime per -Month was 3.60 hours.
(720 — 3.60)
Then: Computed % Reliability =-------- —---- ----- = 99.5%
720
3. Definitions:
A. System Availability means the amount of time that the Hosted
Services meet the System Reliability standards in 17 below and are
available and operable for access and use by Purchasing Entity and
its Users in accordance with the Master Agreement.
B. Excluded Unavailability means the amount of time that (1) the
System is scheduled for downtime, subject to Section 15 below and
(2) there is no System Availability due to (a) the negligent act or
omission of Purchasing Entity or anyone accessing the System
through Purchasing Entity or (b) a Force Majeure Event
4. Downtime -per -Month must not exceed .001 % of the time in any calendar
month.
Pagel of 9
MASTER AGREEMENTM 22PSX0021
. EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
5. Scheduled Downtime:
Contractor shall notify Purchasing Entity at least 3 Business Days in advance of
any scheduled downtime of the System, in whole or in part. Such scheduled
downtime must (1) last no longer than 60 minutes per calendar month; (2) be
pre -approved by Purchasing Entity; and (3) be scheduled on a weekend day,
the specific date and time to be determined by Purchasing Entity, unless
otherwise agreed to by Purchasing Entity.
Purchasing Entity acknowledges that large System Improvements, Upgrades,
or Updates will take longer than the allotted 60 minutes per calendar month of
cumulative downtime. The parties will mutually agree on the date and time
that large System Improvements, Upgrades, -or Updates will take place.
Contractor will inform Purchasing Entity of the amount of time expected for
such implementation. Purchasing Entity shall waive the cumulative downtime
allotment for System Improvements, Updates or Upgrades on a case by case
basis, provided that the parties shall agree to a substitute downtime allotment
for that System Improvement, Upgrade or Update. To the extent downtime for
a System Improvement, Upgrade or Update exceeds a substituted time such
excess will count toward 60 minute cumulative downtime allotment.
6. System Availability Reports:
Contractor shall provide Purchasing Entity with the following reports, in
electronic form, or such other form as Purchasing Entity may approve in writing:
A. A daily report describing the System Availability and performance of the
Hosted Services during the previous 24-hour calendar day as compared
to the System Availability requirement.
B. A weekly report describing the System Availability and performance of the
Hosted Services during the previous 7 calendar days as compared to the
System Availability requirement. The weekly report must be available
every Monday at 10:00 am Eastern Standard Time, and must include the
previous 7 calendar days (Monday through Sunday). The reportable week
shall begin at 12 am Eastern Standard Time, and end midnight (12 pm)
Sunday of that calendar week.
C. A monthly report describing the System Availability and performance of
the Hosted Services during the calendar month as compared to the
System Availability requirement. The monthly report must be available 10
Business Days following the last day of the previous month and must
Include all of the calendar days of that reportable month. The reportable
month will start at 12:00 am, EST on the first day of the calendar month
and end on 11:59 pm, EST of the last day of the calendar month.
D. A report shall also include, at minimum:
i. Actual performance of the Hosted Services relative to the System Availability
requirement.
Page 2of9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
ii. If performance of Hosted Services has failed in any respect to meet or
exceed the System Availability requirement during the reporting period, a
description in sufficient detail to inform Purchasing Entity of the cause of such
failure, the length of the failure and the corrective actions the Contractor has
taken to ensure that the System Availability requirements are fully met. Any
such failure to meet the 99.999% System Availability requirement shall be
subject to Section III, System Performance, Non -Compliance in this Exhibit
C.
Ill. Notwithstanding the Contractor's obligation to provide System Availability
reports, Contractor shall give Purchasing Entity access to the System
Availability performance data which access will allow Purchasing Entity to
independently generate reports utilizing search parameters acceptable to
Purchasing Entity.
7. System Reliability:
The reliability, at any point in time, of the System shall be determined by the
System's operational capability for productive Purchasing Entity use as
configured, hosted, and installed, as applicable within the specified operating
environment.
II. Redundant Hosting and Data Back Up
1. Redundant Hosting:
A. Contractor shall simultaneously operate 2 co -located systems in geographically
separate locations: (1) Primary Production mirrored (Primary System) site and
(2) Secondary Disaster Recovery ("DR") site within the continental United States.
The DR site shall be geographically remote from the Primary System site on
which the Licensed Software and Services are hosted. The Primary System site
shall include redundant servers within the Hosting Environment and one hundred
(100%) percent of the System workload. In addition to the separate locations, the
DR site will be a replica of the Primary System and identical in all respects to the
Primary System site and able to function independently of the Primary System
site.
B. Contractor shall operate, monitor and maintain the DR site so that it is configured
to replace the functionality of the Primary System site within 30 minutes of any
failure of the Primary System site.
C. In the event the Primary System site is unavailable, the DR site will support all
production activity, immediately.
D. In the event the DR site becomes unavailable, the Primary System site will
continue as the primary production site without interruption and a replacement
DR site must -be made available within 24 hours, except for a Force Majeure
Event.
Page 3 of 9
MASTER AGREEMENTM 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
E. Contractor shall guarantee a recovery time objective and recovery point objective
- of not more than 30 minutes.
2. Data Backup
Contractor shall conduct or cause to be conducted, automated daily and weekly
back-ups of Confidential Information and all System data.
III. System Performance, Non -Compliance:
1. System Unavailability: -
A. -Contractor shall provide System Availability as provided in Section I of this
Exhibit C. For every hour or part of an hour starting with minute 1 immediately
after the 30 minutes of failure to provide System Availability, Contractor shall
incur a charge of $10,000.00 until System Availability is restored. Partial hours
shall be prorated to the nearest 1/2 hour. The charge imposed on Contractor
under Section III 1.A of this Exhibit C will be paid by the Contractor to the
Purchasing Entity within 30 days of invoicing.
B. If Purchasing Entity terminates its Purchase Order or SOW, as applicable prior to
the payment of the charge, then Contractor shall pay Purchasing Entity the
amount of the service level owed for System unavailability or noncompliance
within 30 days of Purchasing Entity's written notice to Contractor.
2. System Accuracy:
Contractor shall conduct an annual performance test to assess System accuracy
levels. Purchasing Entity shall use the first annual performance test set and test
results as the initial baseline. The test set will include all Confidential Information of
a subset of one database on both the primaryy-and secondary data center.
IV. System Training:
At a minimum, Contractor shall provide the following for each Purchasing Entity:
1. Web Based and/or Virtual Training, no additional cost:
A. For an unlimited number of Purchasing Entity authorized User(s) scheduled at a
frequency and duration as determined by Purchasing Entity. Unless otherwise
Instructed by a Purchasing Entity, Contractor shall provide training within 10
Business Days of written request.
B. Training materials in a digital format unless otherwise specified by Purchasing
Entity.
2. On -Site Training, no additional cost:
A. For an unlimited number of Purchasing Entity authorized User(s) scheduled at a
frequency and duration as determined by Purchasing Entity. Unless otherwise
Page 4 of 9
MASTER AGREEMENT M 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
instructed by a Purchasing Entity, Contractor shall provide training within 10
Business Days of written request.
B. Training materials in a digital format unless otherwise specified by Purchasing
Entity.
3. Unlimited Access to Contractor's Online Resources, no additional cost:
Digital user manuals for Purchasing Entity and offender, as applicable and/or as
requested by Purchasing Entity, including unlimited access to online resources.
V. System Maintenance and Support:
1. Maintenance:
A. Contractor shall provide Purchasing Entity with System maintenance and
support, including, but not limited to, Upgrades, Updates, Improvements and
technical support of all products and services, including ongoing unlimited
telephone technical support, problem identification, escalation and resolution.
B. Contractor System maintenance shall also include the following:
I. Maintenance of the System so that it operates in conformity with the Master
Agreement and Purchasing Entity's PA.
ii. Detection and correction of System errors pursuant to the Master Agreement
and Purchasing Entity's PA.
iii. Hardware and electronic monitoring device maintenance services including, but
not limited to routine inspection of all hardware and electronic monitoring
devices, as applicable, to identify replacement needs, implementation of
additional hardware and electronic monitoring devices as necessary to
maintain Purchasing Entity Data and proactive preventative maintenance to
ensure proper operation. Offender lost or damage to electronic monitoring
devices, as determined between Contractor and Purchasing Entity, to be
billed in accordance with Exhibit B, Price Schedule.
iv. System database maintenance, with regular database activities including
daily backups, table re -organizations, database statistics, data security, data
import/export functionality.
v. All services necessary to maintain the 99.999% System Availability.
vi. Meeting with Purchasing Entity on a monthly basis, unless otherwise
specified by Purchasing Entity, to discuss Licensed Software
implementation, Upgrades, Updates and Improvements, Hosted
Environment, Hosted Services, System maintenance and help desk requests
received, change control for hardware or software implementation, and
planned and unplanned outages that occurred since the last scheduled
status meeting.
Page 5 of 9
MASTER AGREEMENTM 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
vii. Purchasing Entity read and report access to Contractor's help desk portal,
enabling Purchasing Entity to track and report on all production issues.
2. On -Going Support:
Contractor shall provide on -going support 24 hours per day, 7 days per week,
365 days per year ("24/7/365") at no additional cost, pursuant to the
Maintenance and Support table below. Contractor shall monitor all nightly batch
processes and provide Purchasing Entity with an immediate response, including
escalation as appropriate, in the case of a failure.
Mainfenarice`and Support?able
,Software Support
2417 / 365
Unlimited Telephone Technical Support
One Hour Telephone Response Time
Remote Dial -in Analysis
Licensed Software Standard Release — Improvements
Licensed Software Supplemental Releases
Automatic Call Escalation
Licensed Software Customer Alert Bulletins
Hardware Support M-p ;;
Y
24 / 7.1365 .
On -Site Response
On -Site Corrective Maintenance
On -Site Replacement, including devices
I?reventive Maintenance
Escalation Support
�1
Hardware Service Reporting
�I
Hardware Customer Alert Bulletins
Annual Diagnostic Review
Replacement of Backend Components as Needed
3. Help Desk and Service Request Support:
Contractor shall provide a toll -free telephone number and email address which
Purchasing Entity can use to report technical System issues or requests for
Service. The toll free telephone number will be a direct contact line to
Contractor support or help desk.
Contractor help desk shall:
A. Provide knowledgeable and trained personnel to answer and resolve System
Page 6 of 9
MASTER AGREEMENTM 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
support and technical problems. The help desk personnel shall be able to
answer "how to" type questions about the System as well as questions
about hardware, software, security and internet setting configurations.
B. Provide Contractor Parties dispatched by Contractor to assist with issues
requiring same day, on -Site support.
C. Provide a Frequently Asked Questions (FAQ) list for the resolution of
common issues.
D. Respond to the Purchasing Entity caller with a resolution or escalation strategy
within 60 minutes.
E. If support help desk personnel are unable to reach the Purchasing Entity by
telephone, the help desk personnel shall leave a voice message for the
Purchasing Entity caller and indicate help desk personnel name, time called,
and description of how to return the call to obtain further assistance. This
voice mail will be immediately followed up by an email to both the
Purchasing Entity caller and the Purchasing Entity caller's supervisor with
the same information as specified in the voice mail. Help desk personnel
shall continue, on a daily basis or other basis agreed upon between
Purchasing Entity and Contractor, to update Purchasing Entity on the status
of the help desk request.
F. Maintain a log of all help desk calls and document complaints, issues and
requests reported to the help desk until such time as Purchasing Entity
directs in writing that the Contractor may discard the reported call. The log
will be made available to Purchasing Entity electronically in real-time and
as part of Contractor's monthly reporting. Contractor shall deliver the
monthly log to Purchasing Entity 5 Business Days prior to the monthly
meeting. The log shall include, at'minimum: '
i. Time of call;
ii. Name of caller;
III. Caller's telephone number or email;
Iv. Description of reported issue, complaint or request;
v. Indication of whether the issue was resolved at time of call;
vi. Description of any escalation, investigation and resolution;
vii. Assigned case number if resolution not provided during call
viii. Date, time, and description of final resolution; and
Ix. Contractor sign -off upon resolution.
Page 7 of 9
MASTER AGREEMENT M 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
G. Contractor shall respond to any support and/or service request from
Purchasing Entity within 2 hours of Purchasing Entity initial request for
assistance regardless of time zone. Purchasing Entity reserves the right to
enact more comprehensive response times per Purchasing Entity PA
including but not limited to, required help desk support for offender service
requests.
4. Escalation:
Contractor shall resolve 80% of all System issues and requests for service, other
than Updates, Upgrades, or Improvements or new features, regardless of severity
level, within 24 hours and 99% of severity 1 issues within 1 hour. If more than one
request -within the same -severity level -is reported to the Contractor, Purchasing
Entity shall determine the priority of the requests. The severity level of a System
issue shall be lowered if Contractor implements a work -around, as approved by
Purchasing Entity that reduces the severity of the System issue. When responding
to System issues or requests for service, Contractor shall use the severity levels
defined in the following table:
System Failure ccurs when the System is not • Application, database, or web server down.
functioning and there is no workaround. a Central server down.
• Interfaces not working.
• Monitoring Services unavailable. Cannot locate an offender.
v Application bug/issue stopping workflow for any/all Users.
2
Critical Failure
Critical failure occurs when a crucial
• Failover site is not available.
element in the System that does not
prohibit continuance of basic
. Reporting server is down/Users unable to create
operations is not functioning and there'
reports/Users unable to access reporting database.
s usually no suitable work- around.
Response time degraded.
Purchasing Entity User cannot access System.
• Application bug/issue hindering System
performance and/or real time monitoring Service.
3
Non -Critical Failure
on -Critical, part or component failure
• Reports are formatted incorrectly.
occurs when a System component is
of functioning, but the System is still
seabie for its intended purpose, or
here is a reasonable workaround.
4
Inconvenience
An inconvenience occurs when System.
Hardware is working in a manner that causes
causes a minor disruption in the way
inconvenience (for example, working slowly).
asks are performed but does not stop
, Purchasing Entity User has application or training question
workflow.
that does not affect daily productivity.
• 'One off error occurs infrequently and cannot be easily
reproduced.
5 J` j lNewfeatures Pccur when Purchasing Entity I• New monitoring Service features available.
I` equests a new feature to System
unctionality. Such new feature shall
Page 8 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT C
SERVICE LEVEL AGREEMENT AND MAINTENANCE AND SUPPORT
installed by Contractor as
-eed to between parties.
VI. Additional PA Requirements:
Due to significant variability of Purchasing Entity's needs and specific requirements, the
Contractor shall comply with all additional Service Level and Maintenance and Support
requirements as may be set forth in a PA or SOW, as applicable.
Page 9 of 9
MASTER AGREEMENT #: 22PSX0021
EXHIBIT D
NASPO VALUEPOINT PROVISIONS
1. Applicability. NASPO ValuePoint is not a party to the Master Agreement. The terms set forth in
Section V are for the benefit of NASPO ValuePoint as a third -party beneficiary of this Master
Agreement.
2. Administrative Fees
a. NASPO ValuePoint Fee. Contractor shall pay to NASPO ValuePoint, or its assignee, a
NASPO ValuePoint Administrative Fee of one -quarter of one percent (0.25% or 0.0025) no
later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint
Administrative Fee must be submitted quarterly and is based on all sales of products and
services under the Master Agreement (less any charges for taxes or shipping). The NASPO
ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the
pricing submitted with a vendor's response to the Lead State's solicitation.
b. State Imposed Fees. Some states may require an additional fee be paid by Contractor
directly to the state on purchases made by Purchasing Entities within that state. For all such
requests, the fee rate or amount, payment method, and schedule for such reports and
payments will be incorporated into the applicable Participating Addendum. If agreed to in
writing by the state and Contractor in the Participating Addendum, Contractor may adjust the
Master Agreement pricing to include the state fee for purchases made by Purchasing Entities
within the jurisdiction of the state. No such agreement will affect the NASPO ValuePoint
Administrative Fee percentage or the prices paid by Purchasing Entities outside the
jurisdiction of the state requesting the additional fee.
3. NASPO ValuePoint Summary and Detailed Usage Reports
a. Sales Data Reporting. In accordance with this section, Contractor shall report to NASPO
ValuePoint all Orders under this Master Agreement for which Contractor has invoiced the
ordering entity or individual, including Orders invoiced to Participating Entity or Purchasing
Entity employees for personal use if such use is permitted by this Master Agreement and the
applicable Participating Addendum ("Sales Data"). Timely and complete reporting of Sales
Data is a material requirement of this Master Agreement. Reporting requirements, including
those related to the format, contents, frequency, or delivery of reports, may be updated by
NASPO ValuePoint without amendment to this Master Agreement. NASPO ValuePoint will
work with Contractor to confirm the feasibility of such updates, establish a reasonable
timeframe for implementation, and document new reporting requirements in writing. NASPO
ValuePoint shall have exclusive ownership of any media on which reports are submitted and
shall have a perpetual, irrevocable, non-exclusive, royalty free, and transferable right to
display, modify, copy, and otherwise use reports, data, and information provided under this
section.
b. Summary Sales Data. "Summary Sales Data" is Sales Data reported as cumulative totals
by state. Contractor shall, using the reporting tool or template provided by NASPO
ValuePoint, report Summary Sales Data to NASPO ValuePoint for each calendar quarter no
later than thirty (30) days following the end of the quarter. If Contractor has no reportable
Sales Data for the quarter, Contractor shall submit a zero -sales report.
c. Detailed Sales Data. "Detailed Sales Data" is Sales Data that includes for each Order all
information required by the Solicitation or by NASPO ValuePoint, including customer
information, Order information, and line -item details. Contractor shall, using the reporting tool
or template provided by NASPO ValuePoint, report Detailed Sales Data to. NASPO
ValuePoint for each calendar quarter no later than thirty (30) days following the end of the
quarter. Detailed Sales Data shall be reported in the format provided in the Solicitation or
provided by NASPO ValuePoint. The total sales volume of reported Detailed Sales Data shall
be consistent with the total sales volume of reported Summary Sales Data.
d. Sales Data Crosswalks. Upon request by NASPO ValuePoint, Contractor shall provide to
Page 1 of 3
MASTER AGREEMENT #: 22PSX0021
EXHIBIT D
NASPO VALUEPOINT PROVISIONS
NASPO ValuePoint tables of customer and Product information and specific attributes thereof
for the purpose of standardizing and analyzing reported Sales Data ("Crosswalks"). Customer
Crosswalks must include a list of existing and potential Purchasing Entities and identify for
each the appropriate customer type as defined by NASPO ValuePoint. Product Crosswalks
must include Contractor's part number or SKU for each Product in Offeror's catalog and
identify for each the appropriate Master Agreement category (and subcategory, if applicable),
manufacturer part number, product description, eight -digit UNSPSC Class Level commodity
code, and (if applicable) EPEAT value and Energy Star rating. Crosswalk requirements and
fields may be updated by NASPO ValuePoint without amendment to this Master Agreement.
NASPO ValuePoint will work with Contractor to confirm the feasibility of such updates,
establish a reasonable timeframe for implementation, and document new crosswalk
requirements In writing. Contractor shall work in good faith with NASPO ValuePoint to keep
Crosswalks updated as Contractor's customer lists and product catalog change.
e. Executive Summary. Contractor shall, upon request by NASPO ValuePoint, provide NASPO
ValuePoint with an executive summary that includes but is not limited to a list of states with
an active Participating Addendum, states with which Contractor is in negotiations, and any
Participating Addendum roll -out or implementation activities and issues. NASPO ValuePoint
and Contractor will mutually determine the format and content of the executive summary.
4. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review
a. Staff Education. Contractor shall work cooperatively with NASPO ValuePoint personnel.
Contractor shall present plans to NASPO ValuePoint for the education of Contractor's
contract administrator(s) and sales/marketing workforce regarding the Master Agreement
contract, including the competitive nature of NASPO ValuePoint procurements, the master
agreement and participating addendum process, and the manner in which eligible entities can
participate in the Master Agreement.
b. Onboarding Plan. Upon request by NASPO ValuePoint, Contractor shall, as Participating
Addendums are executed, provide plans to launch the program for the Participating Entity.
Plans will include time frames to launch the agreement and confirmation that the Contractor's
website has been updated to properly reflect the scope and terms of the Master Agreement
as available to the Participating Entity and eligible Purchasing Entities.
c. Annual Contract Performance Review. Contractor shall participate In an annual contract
performance review with the Lead State and NASPO ValuePoint, which may at the discretion
of the Lead State be held in person and which may include a discussion of marketing action
plans, target strategies, marketing materials, Contractor reporting, and timeliness of payment
of administration fees.
d. Use of NASPO ValuePoint Logo. The NASPO ValuePoint logos may not be used by
Contractor In sales and marketing until a separate logo use agreement is executed with
NASPO ValuePoint.
e. Most Favored Customer. Contractor shall, within thirty (30) days of their effective date,
notify the Lead State and NASPO ValuePoint of any contractual most favored -customer
provisions in third -party contracts or agreements that may affect the promotion of this Master
Agreements or whose terms provide for adjustments to future rates or pricing based on rates,
pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO
ValuePoint, Contractor shall provide a copy of any such provisions.
S. Canadian Participation. Subject to the approval of Contractor, any Canadian provincial government
or provincially funded entity In Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland
and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial
government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon,
Page 2 of 3
Master Agreement #: 22PSX0021
EXHIBIT D
NASPO VALUEPOINT PROVISIONS
including municipalities, universities, community colleges, school boards, health authorities,
housing authorities, agencies, boards, commissions, and crown corporations, may be
eligible to use Contractor's Master Agreement.
6. Additional Agreement with NASPO. Upon request by NASPO ValuePoint, awarded
Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to
Contractor's obligations to NASPO ValuePoint under the terms of the Master Agreement, the
terms of which shall be the same or similar (and not less favorable) than the terms set forth
in the Master Agreement.
7. Survivability. Unless otherwise explicitly set forth in a Participating Addendum or Order, the
terms of this Master Agreement as they apply to the Contractor, Participating Entities, and
Purchasing Entities, including but not limited to pricing and the reporting of sales and
payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master
Agreement and shall continue to apply to all Participating Addenda and Orders until the
expiration thereof.
Page 3 of 3
Brazos County
Purchasing Department
200 S. TX AVE., SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
BRAZOSCOUNTY
BID/RFP/RFQ DOCUMENTATION SHEET
Purchasing Department would like to request Commissioner's Court approval to advertise
go out for Bid on the following:
ATE: February 13, 2024
ID NUMBER: 24-094
: Hydrated Lime
TESTING DEPARTMENT: Road & Bridge
OVAL SIGNATURE:
Duane Peters, County Judge
TE APPROVED: fzLt- RR-`{ t 31 a0Q q-
BRAZOS COUNTY
BRYAN, TEXAS
DEPARTMENT: Road and Bridge NUMBER: CC 2024-Wellbom SUD-North
Dowling Road -Breedlove
DATE OF COURT MEET] NG: 2/13/2024
ITEM: Consider and take action on the Wellborn SUD utility permitto construct 16 inch road bore
under North Dowling Road, 300 feet north-east of Walnut Road for 8 inch water crossing to
serve Breedlove Subdivision. Site Is located in Precinct 1.
TO: Commissioners Court
FROM: Joe Salvato
DATE: 02/07/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Descripti n
Weuborr Water Permit North_DaMing- Utility Permit - Wellborn SUD - Norlh DoMing-Breedlove Backup Material
Breedlove —Sub asion.pff
APP
a/1:3
Duane Peters Date
County Judge
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO:! THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [Canpalry
nat ie], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business
in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the
right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County
Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road
Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
North Dowling
60'
X
X
I
Facility to Parallel County Road Within Right -Of -Way
Road
Name and Block
Number
From
To
Depth
Distance
I
I
I
RUCTION TYPE
" Diameter .50" Wall Thickness 16" Encasement Pipe
Specification PVC Pipe
um Operation Pressure 200 nsi
location and description of the proposed installation and appurtenances must be fully shown on the attached
led drawings.
ThelCompany shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 600i day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and I underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is, expressly stipulated that this Permit- is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
of County Engineer's Office may take as long as two weeks after complete application is received.
icant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
IUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
n for reference.
In jibe event Company falls to obtain a perndl prior to the Installation or (Ives not Install utilities la compliance fvitt
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilinp for
damages and/or destruction of lines, cables, etc. based upon lls fallure to comply with Brazos County requirements.
and agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
!les for injunctive relief exist unit that Brazos County Is entitled to relief enjobdug any conduct by applicant
Is contrary to the policies.
permit is a revocable permll. Brazos County reserves the right to revoke this permit at any lime, ht the sole
ellon of Brazos County, for interests of public health, safely or welfare, or for f(hllure to repair any damages
i demand, or for any other reason, deemed sufflclent by Brazos County.
the event Compalhy fails to comply will, any or all of the requirements as set forth herein, the County ntay take
rh action as it deems appropriate to compel connpllance. The County Enghteer further retains the right to revoke
s Permit by verbal nolificatlonn to the Applicant/Company.
rre to obtain this permit and/or uotlfy the County Engineer's Office within 24 hours of beginning construction
constilule 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 jthe conditions/provisions included in this permit.
Wellborn SUD
Company Name
_ Campbell Young,
By,
Signature
General Manager
Title
P.O. Box 250
Address
Wellborn Tx 77881
City State Zip
979-690-9799
Telephone Number
Julia a.wellbornsud.com
Email:
WATER UTILITY APPROVAL
County offers no objection to the proposed location of the utility in the County right of way as shown by
anying drawings and notice dated { g_0i2JA-Lq (0 a0Iq except as noted below:
9
(Month/DayNear)
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B a s Co my Engineer
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s
W,4LNU
PLAN VIEW
C ENTER LINE
TYPICAL SECTION
0
SHOW NORTH ARROW
m
b
ak
i
,b
COUNTY ROAD
1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE
SECTION & PLAN
2. IN PLAN VIED SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION
3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION
1 - I ~rs•wl L - ••ro
1 3 b �' i ;»•mow -
PLAN VIEW
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
I . 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 BMl's) to minimize erosion and sedimentation resulting from the proposed installation.
3. The pertnittee 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.
S. Permittee shalt not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirenreuls
1. 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 Uniforill Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the'fexas 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 at -ea. Company shall provide
Flagmen, signs, signals or devices necessary to provide complete safety to the public.
A. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the
Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be
approved by the County Engineer.
C. Traffic Coirlrol Plan
1. A traffic control plan, pursuant to the 'fivlUTCD or Engineered'f i•affic Control Plan niust be provided for
the following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. Ifconstruction is within ten (10) feet of (lie 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 any time work is being performed.
3. Plan must set forth the lime of completion for the job.
D. Design Simidar(1s
1. All overhead installations shall conform to clearance standards of the Texas Department ofTransportation
and the pole be placed in the designated area for power specified as set forth in [lie Terns Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleumi 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 tights of way of
less than 60'.
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 — 0-2 feet, nominally l'
Phone — 2-4 feet, nominally 3'
Gas -- 4-6 feet, nominally 5'
Cable — 6-8 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.
Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMEN"f;
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. 'l \DOT 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 widrout prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess waterand mud shall be removed from the (wrich 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 ilia
County Engineer or his representatives.
f. No side or lateral tamping to fill voids tinder the base and pavement materials is allowed.
l 1. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meetingTMUTCD 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 perforrnance 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 Ilia Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency )Pork
I. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to evislhig facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be perfortned until plans describing such maintenance and/or repair have been approved by
the County Engineer or designated representative and a permit has been obtained.
G. Relocation of wililies:
i . When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes,
cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or
reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
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 oil company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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BRAZOS COUNTY
BRYAN, TEXAS
DEPARTMENT: Road and Bridge NUMBER: CC-2024-Wellbom SUD-Walnut
Road -Breedlove
DATE OF COURT MEETING:
2/13/2024
ITEM:
Consider and take action on the Wellborn SUD utility permit to construct 16 inch road bore
under Walnut Road at the intersection with North Dowling Road for 8 Inch water crossing to
serve Breedlove Subdivision. Site is located in Precinct 1.
TO:
Commissioners Court
FROM:
Joe Salvato
DATE:
02/07/2024
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
2ascrl tgtllon I=
Wellborn Water Permit -Walnut-
Breedlove_Subdivision.pdf
Utility Permit - Wellborn SUD - Walnut Road Backup Material
APP
a I tal aq
Duane Peters Date
County Judge
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO:; THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company
name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business
in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the
right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County
Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road
Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
Walnut
50'
X
X
i
Facility to Parallel County Road Within Right -Of -Way
Road Name and Block
Numl I From To Dcnth Distance
RUCTION TYPE
" Diameter .50" Wall Thickness
Specification PVC Pipe
Operation Pressure 200 psi
16" Encasement Pipe
location and description of the proposed installation and appurtenances must be fully shown on the attached
led drawings.
Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such
truction is not begun by the 60"' day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
andl underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is,' expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is, understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and 1privileges.
deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
pproval of County Engineer's Office may take as long as two weeks after complete application is received.
pplicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
id installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
CQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
.rein for reference.
r, lite event Company falls to obtain a perrnil prior to the Installation or does not Install utilities in compliance with
slallallou requirements set forth herein (i.e. depili, location, etc), Company assumes all Jluancial responsibility for
rinages and/or destruction of lines, cables, etc. based upon lis failure to comply wltli Brazos County requirements.
pplicant agrees that if Brazos Courtly demonstrates a violation of the terms of flits policy, Applicant stipulates that
qulsites for injunctive relief exist and that Brazos Comity Is entitled to relief enjoining my conttluct by applicant
filch Is contrary to the policies
I
iis permif is a revocable perrnil. Brazos County reserves the right to revoke this permit at any line, in the sole
screllot of Brazos County, for Interests of public health, safety or welfare, or for failure to repair army tlmnnages
,on demand, or for any other reason [leented sit(lelent by Brazos Comity.
r the event Company falls to comply Wth any or all of the requirements as set forth herein, the County may take
ich action as It deems appropriate to compel compliance. The County Engineer further retains the right to revoke
!s Permil by verbal notyleallon to the ApplicanflCompany.
nllrtre to obtain flits pernill and/or notify the County Enghteer's Office rvlihin 24 hours of beginning construction
fall constitute grounds for job shutdown.
y signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
Ithe conditions/provisions included in this permit.
Wellborn SUD
Company Name
Campbell Young
By:
Signature
General Manager
Title
RO, Box 250
Address
Wellborn Tx 77881
City State Zip
979-690-9799
Telephone Number
iulia a.wellbonisud.com
Email:
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated Ag.y % ao;q except as noted below:
(Month/DayNear)
IPx T PPT10MQ-
ROAD RI3HT-0E-MY
CENTER LINE0F COUNTY ROAD
ROAD RIGHT-OF4)VAY
PLAN VIEW
CENTER LINE
S
-I�t�t Il Wt'1E4Z
TYPICAL SECTION
SHOW NORTH ARROW
m
x
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G
COUNTY ROAD
1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE
SECTION & PLAN
2. IN PLAN VIED SHOVE DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION
3. IF ABOVE PLAN VIEW ANDJOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION
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9REEOL0VESU801VISI0N r('. BEAMR�ii
WATER UNE PLAN d PROFOE t rOSY N DONM1INO RD t I : �F ENGINEERING
STA0°0070STA64610 I - --T_ t -� COMMSTATIOM.SWOS00UNiY•TWIt
i3RAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
13RAZOS 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 ("SMP") (EPA and TCEQ both provide lists of examples
ofBMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The pennittee shall take precaulions to avoid damage to property. All County Right of Way and properly
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.
S. Pennittee shall not interfere with other utilities located in the right of rvay. 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 wilt decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safely Requirements
1. 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. Dining 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. Trrff7c Control Plait
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 over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. 1 f construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-ol=way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for llte job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and (lie pole be placed in the designated area for power specified as set forth in the Terms Utilities Code,
Sectioir 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 batik 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'.
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 lice 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 sliall be as follows: (measured front
back of right-of-way).
Power - 0-2 feet, nominally 1'
Phone _ 2-4 feet, nominally 3'
Gas - 4-6 feet, nominally 5'
Cable - 6-8 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.
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 most 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. T\DOT 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 shal I NOT be located within ten (10) feet from the edge of pavement widnout prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may reduce shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location trust be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County L'•ngineeror his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the tench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement
stabilized material as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. in the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shalt 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 Cops of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergemy work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to eristfng focilltles
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 designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes,
cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or
reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSi or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal
Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Tyne of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe
less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe
Greater than 10' No concrete pad required
Non -Cased Pipe
Less than 10' Must be covered with concrete pad at least 48"deep
Non -Cased Pipe
Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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BRAZOS COUNTY
B RYAN, T EXAS
DEPARTMENT: Road and Bridge NUMBER: CC 2024-BTU-Callibration Court -
Matrix
DATE OF COURT MEETING:
2/13/2024
ITEM:
Consider and take action on the Bryan Texas Utilities permit to construct 85 foot road bore
for an electrical line crossing under Calibration Court at the intersection with Matrix Drive
located within Aggieland Business Park. Site Is located in Precinct 4.
TO:
Commissioners Court
FROM:
Joe Salvato
DATE:
02/07/2024
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
Elie Name
Description milm
Permit-BTU-Calibratlon_Court.pdf
Utility Permit - Bryan Texas Wit as - Car brat on Court Backup Material
a/ 13 Jai
Duane Peters Date
County Judge
APPLICATION FOR ELECTRICAL UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
int to the Texas Utility Code, Section 181.044, comes now BTU
[company n(uue], hereinailer referred to as "Company" a Texas
' Corporation, With authority to transact business in Texas, acting by and through its duly authorized
antative, and hereby petitions the County Engineer for the approval of the location to lay, construct, maintain,
and/or operate lines under, over, across and/or along certain County Roads as shown on drawings and diagrams
.d hereto and said location described as follows:
t'aGtl(y tp cross Road
Road
Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE)
Calibration
Court
85'
Bored
Jacked
Cnscd
Acrial
I
X
Fnnci ity to Parallel County Road Within Ri tt-Of-Way
and
location and description of the proposed installation and appurtenances must be fully shown on the attached
led drawings.
Company shall commence actual constructiordwork in good faith within 60 days from the date of said permit and
11 complete said construction/work within G0 working days. (COMPANY MUST FILL IN). If such
istruction is not begun by the 60r'' day, Company will be required to apply for a now permit.
npany declares that prior to beginning construction/work, it will ascertained the location of all existing utilities,
i atrial and underground, and the filing of this application is prima facie evidence that the proposed installation will
conflict with any existing utility.
copy of this permit shall be kept at the job site any time work is being performed.
is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
blic property pursuant to this permit shall not operate to create or vest any property right in said holder.
Itl is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harnless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
pplieant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
lid installation attached hereto as BRAZOS COUNTY SAFETY AND ROAD PRESERVATION STANDARDS
DR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference.
r the event Company fails to obtain a pernril prior to the installation or does not instal/ utilities in compliance with
stallatiou requirements set forth herein r.e. depth, location, etc), Company assumes all fnmanclal responsibilityfor
enrages an(Vor destruction of lines, cables, etc. based neon its failure to comply with Brazos County requh-emenls
►ds permit is a revocable permit Brazos County reserves lire right to revoke tds permit at any tune, in the sole
screllom of Brazos County, for interests of public liealtly safety or welfare, or for failure to repair any damages
eon denuurd, or for any other reason deemed sufficient by Brazos County.
i the event Company fails to comply witit any or all of the requirements as set forth herebt, the County may take
Bch action as it deems appropriate to co rpel compliance, including Injunctive relief. The County Engineer
vtlher reffilns the right to revoke this Permit by verbal notfcatlon to the Applicent/Company.
vilure to obtain dtis permit andlor notify lire Comr), Engineer's Office within 24 hones of beginning construction
vtll corstitttte grotutds far job sbutdo wn.
y signing below, I certify that i am authorized to represent the Company listed below, and that the Company agrees
the conditions/provisions included in this permit.
"Bruan Teyas LCe i ' +i es
Company Name
DGi g,ota_v %Jlh jdaiL
Signature
L nz i es .
Title
Address
'Bruagn TX T1 885
City 4 State Zip
[G 1q1 as k -
Phone Number
Email:
APPROVAL
County offers no objection to the P11-oposed location of the utility in the County right of way as shown by
anying drawings and notice dated rFj3yA4,L-/ (p ang except as noted below:
(Monthffiay/Year)
B .. s County Engineer
Signature
CUSTOMER NAME AOOIELANO BMMM PARX-LOTS 21-0! PNONH 979.764-3900 DRAWN BY OAKOTA VAJDAK 7/31/2023 MAN HOURS
BRYAN TEXAS UTILITIES SERVICE ADDRESS MATRIX DR CHECKED ROBERTOLOPEZ 12I2912023 INSTALL 119.67
LWE DESIGN, ENGWEERWD � SYSTEM PUW NW6
2DSE ,r.X Si PROJECT NO 2307•R-49553 40 NO 52658 REVISED REMOVE 0.22
BRrAN. Tx n$o3 aAOE 1 013
�� 9T9-0:t-cTt CONSTTYPE UG PRI (UG)
1) AFTER POLES HAVE BEEN INSTALLED CUSTOMER WILL NEED TO INSTALL BOTTOM JOINT OF
(3) 4- ALUM. RISER AND ELBOW REFER TO PAGE 24 OF THE 2020, 3RD EDITION.
BTU CONDUIT INSTALLATION MANUAL
2) CUSTOMER WILL INSTALL (YELLOW) (3) 4' SCH 40 GREY ELECTRICAL CONDUIT FOR
THE 600A RUNS FROM EX1-UG415 TO N4, THEN FROM N4 TO NS ALL ELBOWS AT THESE
STATIONS NEED TO BE LONG SWEEP ALUM, ELBOWS (487 THE (3) 4-CONDUIT AT A DEPTH OI
60' REFER TO PAGE 15 OF THE 2020.3RD EDITION. BTU CONDUIT INSTALLATION GUIDELINES
MANUAL. BTU WILL SUPPLY THE (3) 4- ALUM ELBOWS AND RISER AT N5
3) CUSTOMER WILL NEED TO INSTALL 2- SCH 40 GREY ELECTRICAL CONDUIT (BLUE)
FOR THE 200A PRIMARY RUNS AT A DEPTH OF W FROM EX3 TO N4. CUSTOMER WILL ALSO
NEED TO STUB OUT (3) 2.; SCH 40 GREY ELECTRICAL FROM N4 TOWARDS LOT LINE REFER
TO PAGE 15 OF THE 2020.3RD EDITION, BTU CONDUIT INSTALLATION GUIDELINES MANUAL.
4) PRIMARY RUNS IN EXCESS OF 300' AND WITH (3) OR MORE
90 DEGREE ELBOWS OR ALL RUNS IN EXCESS OF 500' SHALL HAVE
ALUMINUM ELBOWS INSTALLED AT ALL DITCH LINE ELBOW
LOCATIONS AND AT ALL EOUIPMENT LOCATIONS.
5) CUSTOMER WILL WRAP ALL ALUM, ELBOWS WITH 3M- SCOTCHRAP-
ALL-WEATHER CORROSION PROTECTION TAPE 60.
THE WRAP SHALL EXTEND 12' ABOVE AND 12' BELOW ALUM ELBOW.
6) CUSTOMER WILL CONTACT BTU INSPECTORS TO INSPECT CONDUIT BEFORE BACKFILLING
DITCH
7) INSPECTION HAS BEEN COMPLETED AND APPROVED, f
CUSTOMER WILL BACKFILL DITCH 12- TO 18- AND INSTALL
A WIRED WARNING TAPE (BTU WILL PROVIDE WARNING
TAPE AT TIME OF CONDUIT INSPECTION)
8) ALL ELBOWS IN SWITCHGEAR WILL NEED BE LONG SWEEP ALUM. (48')
9) CUSTOMER WILL BUILD SWITCHGEAR PADS TO BTU SPEC THE 2-WAY SWITCHGEAR SPEC IS
ON PAGE 21 OF THE BTU SERVICE ENTRANCE REQUIREMENTS MANUAL
10) THERE MUST BE A 5' HORIZONTAL SEPARATION BETWEEN DRY UTILITIES AND
WATER/ WASTEWATER AND 2 VERTICAL SEPARATION AT CROSSINGS DRY UTILITIES
ON BOTTOM_
r
LEGEND
SWITCH GEAR MEASURE
2 WAY S/G
87" x 77"
ABC- PHS BLUE 2" PVC
§ (SO"DEEP)
s
YELLOW
EXISTING (3) 4" PVC CONDUIT
UG415 2-WAY FOR 600A (60' DEEP)
(EXISTING) GS27473 TO UG414
(NEW) GS27619 TO N4
ABC - RS21201(E80) TO Ex2 y
ICHANGE RS21201 TO LS21201)
Ex7 OPEN
Ext UGa78 A Ex2 POINT
1 1
EXTEND(3)a-C.ONDUIT
BETWE(:N EXI TO N4-����-EXISTING (3) 2- CONDUITS STUBBED OUT
CONTRACTOR WILL NEED TO MAKE TIE IN
AND EXTEND 2- CONDUIT TO N4
430 �v>�
_ EXTEND (3)4-C.ONDUIT FROM �9 N4
N4 TO IS
(SMA RISER PALE NEW
STUB OUT (3) 7-CONDUIT(2 WAY)
i FOR FUTURE USE
NS NS GS27620TO UG415 JIMARK STUB OUT WITH A REDk
NEW KS 66S8 GS27621 TO KS 6658 PAINTED T POST
ABC - LS21202 TO EX3 /
'\ ABC -FUTURE
I
I
1 11 •!.1 / %
1 11 f !I of
VICINITY MAP
PROFILE - DIRECTIONAL BORE
el�T� �•- :s�f'�-YsSD;j� AGGIELAND BUSINESS PARR DIRECTIONAL DARE
" �• •_ _� •M• PHASE ID PLAN! PROFILE ��—
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. Genei nl Retlrtiremeuts
1. Adequate drainage shall be maintained in dilches at all times.
2. Pcrntittcc will use best management practices C'BMP") (EPA and TCEQ both provide lists of examples of
i3MPs) to minimize erosion and sedimentation resulting from (lie 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.
S. Pennittee shall not interfere with other utilities located in the right of way. in the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Regttlrentenfs
1. 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 treasures must follow tine 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. Traffic Control Platt
1. A tragic 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) loll open over night, requires Veciftc nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in (lie road right-of-way;
2. Plan must be attached to the permit and kep( at the job site any time work is being perfoned.
3. Plan must set forth the time of completion for the job.
D. Desigit 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 Corte, 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 arc minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty -tight (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 batik;
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'.
4. Water Lines: All water lines Whist be a minimum 36-niches below the ditch flow line and cased. Waterlines
shall be cased if crossing tinder 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 — 0-2 feet, nominally V
Phone — 2-4 feet, nominally 3'
Gas — 4-6 feet, nominally 5'
Cable — 6-8 feet, nominally 7'
6. Utilities with less than 60 feet tight -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:
it. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing #"the annular space between pipe acid 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 acid joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
10. Any installation within ten ( 10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and stud shall be removed from the trench prior to backfilling. Any backftll 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 Cite slope or integrity of the shoulder of the road. tit 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 late right-of-way to the condition it was prior to commencing
construction.
12. Opeation of construction and/or maintenance equipment out lite traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize tiny 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. Erueigency npork
1. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning consiruction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffae safety controls used.
F. Repairs to existing fircililies
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 designated representative and a permit has been obtained.
G. Relocation of tidlilies:
1. When and if the County Engineer determines that it is necessary for the construction, repair, itnprovetnent,
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 (hereon, as
required by the County Engineer within a reasonable time as determined by [lie County Engineer and Utility
Company, and at the expense of the Utility Company.
H. Nigh Pi•essm a Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non -controlled access installations, should contain the following additional information in the
description of the pennit.
-diameter
_%vall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch,erade) Special Repulrements
Encased Pipe
Less titan 10' Must be covered with concrete pad at least 36"deep
Encased Pipc
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
The 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 -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas
:s) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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TRAFFIC CONTROL PLAN
CONVENTIONAL ROAD
SMXDER WORK
rea1g_11_1n
Kristeen Roe, CTA, PCC
Brazos County Tax Assessor/Collector
4151 County Park Ct
Bryan TX 77802
979-775-9930
979-775-9938 Fax
REFUNDS PENDING 02/06/2024
REQUESTOR
SCOTT ROBERT EARL & BEVERLY
ADDRESS
1000 W MARTIN LUTHER KING ]R SC BRYAN TX 77803
OWNER NAME
SCOTT ROBERT EARL & BEVERLY
PROP ID#
21836
REFUND AMOUNT
$245.00
REQUESTOR
ROBERT E RUSH
ADDRESS
920 CLEARLEAF DR # 127 BRYAN TX 77803
OWNER NAME
ROBERT E RUSH
PROP ID#
96269
REFUND AMOUNT
35.17
REQUESTOR
REYNOLDS CAMERON & RONDI
ADDRESS
4919 PARK LAND DR BRYAN TX 77802
OWNER NAME
REYNOLDS CAMERON & RONDI
PROPID*
115396
REFUND AMOUNT
1$542.23
REQUESTOR
DAVID SILMON & SASHA MOORE
ADDRESS
2700 LYNNW00 BRYAN TX 77807
OWNER NAME
DAVID SILMON & SASHA MOORE
PROP ID#
17485
REFUND AMOUNT
755.72
REQUESTOR
NETCO TEXAS
ADDRESS
1270 N LOOP EAST STE 1116, SAN ANTONIO, TX 78232
OWNER NAME
GARVIN ERNEST ESTATE ATTN: IRIS FRANKLIN
PROP ID#
375112
REFUND AMOUNT
$16.81
REQUESTOR
A+.FOOT MASSAGE
ADDRESS
2501 TEXAS AVE s STE 102C COLLEGE STATION TX 77840
OWNER NAME
A+ FOOT MASSAGE
PROP ID#
375326
REFUND AMOUNT
$33.66
REQUESTOR
JEFF TIPTON
ADDRESS
903 DUNBAR CT COLLEGE STATION TX 77845
OWNER NAME
MAURICE TIPTON
PROP ID#
117726
REFUND AMOUNT
245.24
REQUESTOR
PELICAN POWER PROPERTIES
ADDRESS
PO BOX 232 WELLBORN TX 77881
OWNER NAME
PELICAN POWER PROPERTIES
PROP ID#
394478
REFUND AMOUNT
$ 360.00
APPLICATION FOR TAX REFUND
collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
SCOTT ROBERT EARL & BEVERLY
1000 W MARTIN LUTHER KNG JR ST
BRYAN TX 77803-1620
collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
PROPERTY DESCRIPTION
Legal: PRIDDY & LAWRENCE RESUB OF CHEW, BLOCK 2, LOT 1-3
Address: 1000 W MARTIN LUTHER KING JR ST ,
Account # 21836
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
SCOTT ROBERT EARL & BEVERLY
1000 W MARTIN LUTHER KNG JR ST
BRYAN TX 77803-1620
Payment Date Amount Paid Refund Amount Requested
01/30/2024 $913.53 $245.00
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct."
§ign�Rileiti��yl
g7gw gal;? - 5'T
Phone #
ate
Email Address
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
t
I!
[ Ap ed [ ] Disapproved
Authorized Officer Signature
Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer signature
Date
01/301202412:45PM
KRISTEEN ROE, CTA PH# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
415COUNTY PARK CT
BRYAN, TX 77802
0 BY:
SCOTT ROBERT EARL & BEVERLY
1000 W MARTIN LUTHER KNG JR ST
BRYAN, TX 77803-1620
Receipt Number
3336153
Date Posted - ! 01/30/2024
Payment Type P
Paymeltt Code Over/Refund
Total Paid $913.53
Property
ID
Ged
Legal Acres
wner OiVarne and' Address
21836
„
190600-0002-0010
0.0000
SCOTT ROBERT EARL & BEVERLY
1000 W MARTIN LUTHER KNG JR ST
Legal Descri lion
P
BRYAN, TX 77803-1620
PRIDDY
& LAWRENCE RESUB OF CHEW, BLOCK 2, LOT 1-3
Sitbs
' DBA Name "
100D
W MARTIN LUTHER KING JR ST ,
Entity
Year -Rate Taxable Value
Stint # Void
Original Tax
Discnts ' 0M Att Fees Overage Amount Pd
Z REFUND
ENTITY
2023 0.00000 0
148896 N
245.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00
246.00
201.64
BRAZOS
CITY
COUNTY
OF BRYAN
2023 OA0970 307,917
2023 0.62400 367,917
118397 N
118397 N
201.84
466.89
0.00
0.00 0.00 0.00 0.00
466.89
913.53
Balance Due As Of 0113012024:-245.00
Tender
Details
Description :
'Amount
Check
10222
913.63
913.53
Operator Batch
lemerson 49707 (01302024 LE)
Page: 1
Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code
Total Oald
913.53
Tiuea�AmatvtlK
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS -
RUSH ROBERT E
920 CLEARLEAF DR
TRLR 127
BRYAN TX 77803-3531
Collecting Tax for: (ta)ing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
PROPERTY DESCRIPTION
Legal: OAKWOOD MHC, SPACE 127, SER# MS8961452SN20990, HUD# TRA0265538
Address: 920 CLEAR LEAF (PVT) DR 127,
-Account #-g6269- - —" -- — - - - - ----
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
RUSH ROBERT E
920 CLEARLEAF DR
TRLR 127
BRYAN TX 77803-3531
Payment -Date Amount Paid Refund Amount Requested
02/19/2024 $100.00 $35.17
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct."
Signature p�
� 7 � • �{So S`S�3
Phone # Email Address
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
"taxre is [ QApprov [ ] Disapproved
al�3�a�
Authorized Officer Signature Date
Authorized Officer of taxing unit for refund applications over amount required under Section 3L11 Tax Code
Authorized Officer Signature
Date
01119/202412:45PM
KRISTEEN ROE, CTA PH# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
4151 COUNTY PARK CT
BRYAN, TX 77802
- PAID BY:
RUSH ROBERT E
920 CLEARLEAF DR
TRLR 127
BRYAN, TX 77803-3531
Property ID Geo' Legal Acres
96269 700000-0726-1272 r 0.0000
Legal Description
OAKWOOD MHC, SPACE 127, SER# MSB961426N20990, HUD# TRA0285538
Situs 61 A Name _
920,CLEAR LEAF (PVT) DR 127
EnCdy„
Year' • Rate Taxable"Value
$tmt #
BRAZOS COUNTY
265
0.48600
6,380
98ih
CITY OF BRYAN
2015
0.62999
8,380
98163
CITY,OF BRYAN
2020
0.62900
4,239
110777
BRAZOS COUNTY
2020
OA9500
4,239
110777
BRAZOS COUNTY
2023
OA0970
3,730
114200
Z REFUND ENTITY
2023
0.00000
0
148807
CITY;OF BRYAN
2023
0.62400
3,730
114200
Tender : . ^ Details
Check 388
3327958
bate Posed
PaymeritType. ,;: !:.._ P
Payment Code OvedRefund
S10o.00
Owner dame and Address:
RUSH ROBERT E _
920 CLEARLEAF DR
TRLR 127
BRYAN, TX 77803-3531
Vold.
Original Tax Dlscnts
' ' ?81
Att 1`es„
Overage Amount Pd
N
O.Ol
0.00
0.01
0.00
0.00
6.02
N
0.02'
0.00
0.02
0.01
0.00
0.05
N
8.62
0.00
4.14
1.91
0.00
14.67
N
6.78
0.00
3.25
1.60
0.00
11.53
N
15.28
0.00
0.00
0.00
0.00
15.28
N
35.17
0.00
0.00
0.00
0.00
36.17
N
23.28
0.00
0.00
0.00
0.00
23.28
100.00
Balance Due As Of 0111912024: -35.17
'�
-
--
Description
_ • �,
:Amount
100.00
100.00
� ; ,;, . r - -- -:- •- -• • -•- .. -__ .... _ .....:,-- � •----•r :.; Total Pald•
Operator Batch'
lemerson 49512 (01192024 LE) 100.00
Page: 1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code rm6A %w-
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-773-9930
OWNER'S NAME AND ADDRESS
REYNOLDS CAMERON & RONDI
4919 PARK LAND DR
BRYAN TX 77802-3149
PROPERTY DESCRIPTION
Legal: TIFFANY PARK PH 10, BLOCK 3, LOT 10
Address: 4919 PARK LAND DR ,
Account# 115396
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayees reason for refund: OP -Overpayment
REFUND TO:
REYNOLDS CAMERON & RONDI
4919 PARK LAND DA
BRYAN TX 77802-3149
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station iSD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid Refund Amount Requested
01/18/2024 $8611.64 $542.23
Sign below and return form to the Brazos County Tax Office.
"I hereby apply f r he refund of the above -described taxes and certify that the Information on this form is true and correct."
§,J —
�naf Da g
&?—
ones
Phone g Email Ad es
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
]Disapproved
Authorized Officer Signature
Date
a-lLa ld-+
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
604
01/181202410:47AM
KRISTEEN ROE, CTA PH# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
4151 ICOUNTY PARK CT
BRYAN. TX 77802
BY:
REYNOLDS CAMERON & RONDI
4919 PARK LAND DR
BRYAN, TX 77802-3149
Receipt Number
-_ 3327097 -
Date Posted 81/181324
Payment Type _— — - _P
Payment Code OvedRerand.
Total Paid __ — $8,611.64
Property
ID
Geo
Legal Acres_
Owner Name and Address
115396
611300-1003-0100
, 0.0000
REYNOLDS CAMERON & RONDI
—
-
-'
4919 PARK LAND DR
Legal Description
BRYAN, TX 77802-3149
TIFFANY
PA_R_K PH 10, BIOCK 3,
LOT 10
Situs
DBA Name
4919
_
PARK LAND DR ,
6i ty_
-Year
Rate
i'ax_abt_e Value
Strni #
Original Tax
Discnts - P8_l AftFees O_v_e'rage Am_ ount Pd`
Z REFUND
ENTRY
_ _
2023
0.00000
0
_Void
148801 N
542.23
_ _ _ _
^0.00 0.00 — 0.00 0.00 542.23
BWOS
COUNTY
2023
0.40970
454,819
109197 N
1,863.40
0.00 0.00 0.00 0.00 1.863.40
CRY OF
BRYAN
2023
0.62400
454.819
109197 N
2,838.07
0.00 0.00 0.00 0.00 2,838.07
BRYAN
ISD
2023
0.94920
354.819
109197 N
3,367.94
0.00 0.00 0.00 0.00 3,367.94
8,611.64
Balance Due As Of 0111012024:-542.23
Tender Details_ _ _ Description Amount'
Check 2415 — 8611.64
8611.64
-- - - - -- - - — - — - ---- -- — ---- — --
Operator Batch - -- - - - - - - - - - -- Total Paid,
tmoore 49480 (Ot/1k024T[Nj
Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Cade nuaurm�caa
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
SILMON DAVID & SASHA MOORE
2700 LYNNWOOD CT
BRYAN TX 77807-6703
PROPERTY DESCRIPTION
Legal: AUSTIN, BLOCK 2, LOT 10
Address: 1102 HENDERSON ST ,
Account# 17485
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayees reason for refund: OP -Overpayment
REFUND TO: '
SILMON DAVID & SASHA MOORE
2700 LYNNWOOD CT
BRYAN TX 77807-6703
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid RefundAmount Requested
01/22/2024 $1520.00 $75S.72
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct."
Signature Date
=q19 0 S C) �e
Phone # Email Address
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony'
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
Th a nd is [ Appr d [ j Disapproved
a I k'S ja4-
Authorized Officer Signature Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
01 /22/202412:1
KRISTEEN ROE, CTA PH# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
41511 COUNTY PARK CT
BRYAN. TX 77802
I BY:
SILMON DAVID & SASHA MOORE
2700 LYNNWOOD CT
BRYAN, TX 77807-6703
•:, �wRecelpt�Nutnlier ;;. _ J
3329075
Late Posted 7�-`
Payment D1l22/2024
Pa , e
Ym TYP _ - -. _ ... .
payment Code Iva llefund
fi20•
Total Pald 1 .00,
Property ID Geo ~ _ _ - : _ .: _ _ , _ Legal Acres - - _ -_ ' - - owner NCne and Address__ _4
17485 118000-0002-010d + ; 0.0000 - SILMON DAVID & SASHA MOORE
- �• . !--- -- - --- - ; 2700 LYNNWOOD CT i
Legal Description BRYAN, TX 77807-6703
AUSTIN, BLOCK 2, LOT TO _ w
$itus DBA Name
1102 IIENDERSON Si ,--
`Entity-'
` •
Year Rate
7ax_able V_a_lu_e
8tmt #
Vold
^_ Original Tex pi_sents : ' P&1 Amy cunt Pd_
Z REFUND
ENTITY
2023
_
0.00000
r `
0
_
148826
N
785.72 '
0.00
_Att _Fees _.0_verae
0.00 - OAO 0.00 755.72
BRAZ98
COUNTY
2023
0.40970
77,174
120779
N
167.91
0.00
0.00 0.00 0.00 167.91
CITY OF
BRYAN
2023
0.62400
77,174
120770
N
240.51
0.00
0.00 0.00 0.00 240.51
BRYAN
1SD
2023
0.94920
77,174
120779
N
365.86
0.00
0.00 0.00 0.00 365.86
1,620.00
Balance Due As Of 0112212024: 765.72
Tender
Details
cription_, Des_ Amount;
Check
47016
_
_ . _ �;
- ' 1000.00
Check
47017
520.00
1620.00
Operator Batch _ _. -' ---- . -- • ---. _ . __ . ry ._... ' ^_.. _._ ..; -� ' . ..... ..._ _ _ Total Paid;
tmoore - 48531(0112212024TNI) -• _ _- _ -. ._ - _ _ _ 1,520.00�
Page:1 Receipt Issued In Accordance with Section 31.076 of the Texas Property Tax Code T.9AmmrtvL ft
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-77S-9930
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
OWNER'S NAME AND ADDRESS
GARVIN ERNEST ESTATE
ATTN: IRIS FRANKLIN
5053 29TH AVE S
SEATTLE WA 98108-2112
PROPERTY DESCRIPTION
Legal: A002800, MARIA KEGAN (OCL), TRACT 30, 52.56 ACRES, Undivided Interest 82.0000000000%
Address: CROSS CREEK (PVT)
Account# 375112
TAX PAYMENT INFORMATION ,
Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested
ZREFUND 2023 12/31/2023 $106.80 $16.81
Taxpayers reason for refund: OP -Overpayment
REFUND TO:
NETCO TEXAS
1270 N LOOP EAST STE 1116
SAN ANTONIO TX 78232
Sign below and return form to the Brazos County Tax Office.
"1 her5by applyJoZ,.the refund of the above -described taxes and certify that the information on this form is true and correct."
i zo
Sgnature D
Ito 110MA
Phone # Email Address
If you make a false statement on this application, you could be found guilty of a Gass A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
Th 7taxr�ls [ App ve [ ] Disapproved
Authorized Officer Signature
Date
&113 [a`L�
Authorized Officer of taxing unit for refund applications over amount required under Section 3L11 Tax Code
Authorized Officer Signature
Date
01/05/2024
KRISTEEN ROE, CTA PH/# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
4161 ICOUNTY PARK CT
BRYAN, TX 77802
BY:
NETCO TEXAS
1270 N LOOP 1604 EAST
STE 1116
SAN ANTONIO, TX 78232
I -• • Receipt Number
3321733
Date Posted -T 12/31/2023
Payment Type r --- _ _P
payment Code...__Over/Refund•
Total'Paid-5106_80
Property ID - Geo _ _ _ Legal Ac_ re_s ;_ _ Owner Name and _Addre_s_s _
3751112 '002800-6030-0000 52.5600
-' - - - - _GAR%AN ERNEST ESTATE
' ATTN: IRIS FRANKLIN
Leal'Descripfior5053 29TH AVES _
g' _
i
A002800, MARIA KEGAN (OCL), TRACT 30, 52.56 ACRES, Undivided. Interest 82.0000000000% $LJ�Tf L.E, WA 98108-2112
Situs _ -DSA Name _ _ - _
CROSS CREEK (PVT) - -- - _-- - - - _ -- _ _ -- - -- -- • _---
Entity
Year
Rate -y
ia_xab_le_Value
Stint#
Original Tax P81 A_tt Fees
_Ov_erage Amount Pd
-
Z REFUND ENTITY
_
2023
0.00000
_ 0
148785
_Void _
N
_Disants
19.81
6.00
O:UO
0.00
0.00 16.81
EMG SkS'DIST #3
2023
0.02400
6,508
49296
N
1.56
0.00
0.00
0.00
0.00 1.56
BRYANJISD
2023
0.94920
6,508
49296
N
61.77
0.00
0.00
0.00
0.00 61.77
BRAZOS
COUNTY
2023
OA0970
6,508
49296
N
28.66
0.00
0.00
0.00
0.00 26.66
106.80
Balance Due As Of 1213112023: 46.81
Operator • Batch
tmoo 492T2 (01/05/2024TM) -
Page: i.
Tender Details Description �: - Amount
Check - 31208 - - - - - - 106.80
106.80
- . -- - - -- - -•- -- .. - - _ • - -- - _._._ - - - ---- - .-----•-- : i'o'tal Paid.
1068 6'
Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code nuenm v�
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
41S1 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
A+ FOOT MASSAGE
%TAX DEPARTMENT
2501 TEXAS AVE S
STE 102C.
COLLEGE STATION TX 77840-5084
PROPERTY DESCRIPTION
Legal: BUSINESS PERSONAL PROPERTY
Address: 2501 TEXAS AVE S C102 ,
Account # 375326
TAX PAYMENT INFORMATION.
Name of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
A+ FOOT MASSAGE
% TAX DEPARTMENT
2501 TEXAS AVE S
STE 102C
COLLEGE STATION TX 77840-5084
Collecting Tax for. (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date ,Amount Paid Refund Amount Requested
1/19/2024 $134.00 $33.66
hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct."
Phone t#
Email Address
if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state ]all felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
The approved
Authorized Officer Signature Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature Date
01::20PM
KRISTEEN •ROE, CTA PH# (979) 775-9930
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
4151 COUNTY PARK CT
BRYAN, TX 77802
PAID !BY:
• FOOT MASSAGE
TAX DEPARTMENT
01 TEXAS AVE S
'E 1.02C
)LLEGE STATION, TX 77840-5084
Receipt Humber-_
3328608
t- -- .-- --
Date Pogted
01119/2024.
Payment Type �__�
___._. P,
Payment Code : E-_
Over/Refund
Total Paid _ _
__ 513LT 0-
Property
ID - Geo - - - -
- _
Legal AcresOwner
N_amo and Address_
_ d -
-
3Z5326
- ;- -
�892015-0000-0710
_
_
- `0.0000
'----
A+ FOOT MASSAGE
- - -
% TAX DEPARTMENT
i __ Lega! Description
_
_ _
_ t
i 2501 TEXAS AVE S
.BUSINESS PERSONAL PROPERTY
-
_ _
_
STE 102C
Sites L -- .. _ ..•._ .
DBA_Name
s_ -- -
COLLEGE, STATION, TX 77840-5084
2501 TEXAS AVE S C102 ,
A+FOOT MASSAGE
-I -- -- ---- - --
Entity _ - Year Rate
- -
- - •------
_Taxable Va_ lue_
"----0-
Stmt # Void:
.Original Tax
-
-- ----- - P----------
Dlscnts _ P8L A_ t_t Fees_ Overage Amount Pd:
- _
Z REFUND ENTITY 2023 6.60000
148ti25 N
33.68
600 0.00 • 0.00 0.00
33.66
.CAD BPI
2023 0.00000
0
827 N
0.45
0.00 0.00 0.00 0.00
0.45
BRAZOS
COUNTY 2023 0.40970
4,840
827 N
19.83
0.00 0.00 0.00 0.00
19.83
CITY OF
COLL.
STAT. BP
2023 0.00000
0
827 N
2.36
0.00 0.00 0.00 0.00
2.36
COLLEGE
STATION
ISO BP
I 2023 0.00000
0
827 N
4.42
0.00 0.00 0.00 0.00
4.42
BRAZOS
COUNTY BP 2023 0.00000
0
827 N
1.88
0.00 0:00 0.00 0.00
1.88
CITY OF
COLL.
STAT.
I 2023 0.51309
4,840
827 N
24.83
0.00 0.00 MOD 0.00
24.83
COLLEGE
STATION
ISD
I 2023 0.916220
4,840
827 N
46.57
0.00 0.00 0.00 0.00
46.57
134.00
Balance Due As Of
Tender _ Details_ __ �` _ _ `- _Desc_ri ' on'--.'-
Check - k408- - - i134.00
134.00
Pai
.Operator Batch --^ _ -- - -
134.00 d
shines 49508 (01/19/2024TM) -
Special Condition Exists for this Property
Page:1 Receipt issued in Accordance with Section 31.076 of the Texas Property Tax Code t�n�
APPLICATION FOR TAX, REFUND
Collecting Once Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
-OWNER'S NAME AND ADDRESS
TIPTON MAURICE J
903 DURBAN CT
COLLEGE STATION TX 77845-4531
PROPERTY DESCRIPTION
Legal: PEBBLE CREEK PH 9B, BLOCK 41, LOT 24
Address: 903 DURBAN CT ,
Account # 117726
TAX PAYMENT INFORMATION
{Name of Taxing Unit Tax Year of Refund
2REFUND 2023
Taxpayees reason for refund: OP -Overpayment
REFUN D TO:
TIPTON JEFF
903 DURBAN CT
COLLEGE STATION TX 77845-4531
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid Refund Amount Requested
,01/,24/2024 $6000.00 $245.24
Sign below, and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct"
25 gnature bat,
Phone # Email Address
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
The ax refu s [ Approv d [ ] Disapproved
'L1 31 a
Authorized Officer Signature Date
Authorized Officer of taxing unit far refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
01 /24/2024 10:59AM
--KRIS-TEEN ROE,-CTA - - •-PH# (979) 775-9930
BR COUNTY TAX ASSESSOR, COLLECTOR
4151(COUNTY PARK CT
BRYAN. TX 77Bo2
BY:
TIPTON JEFF
903 DURBAN CT
COLLEGE STATION, TX 77845
Receipt Number
3330473
Date Posted 0112412024
Payment Type P'
Payment Code _ Over/Refund
Total Paid _ _56,000.00
Property
ID
Geo
_
Legal Acres
' Owner Name_ and Address_
•_
117726
497900-0041-0240
; 0.0000
TIPTON MAURICE J
903 DURBAN CT
Legal Description
COLLEGE STATION, TX 77845.4631
PEBBLE
CREEK PH 913, BLOCK 41, LOT 24
S)tus
DBA Name
_
903 DURBAN CT
_ _
Entity, Year
Rate
Taxable Value
Stmt # Vold
Origirial Tax _
Discrlts P&I Att Fees _ O_verage Amount?d
- r
Z REFUND ENTlllf
_
2023
0.00000
0
148833 N -
245,24
0.00 0.00 0.00 0.00
246.24
BRAZOS COUNTY
2023
OAD970
738,675
132103 N
1,365.44
0.00 0.00 0.00 0.00
1,365.44
CITY OF COLL.
STAT.
I
2023
0.61309
898,338
132103 N
1,816.63
0.00 0.00 0.00 0.00
1.616.63
COLLEGE
STATION
ISD
2023
0.96220
638,676
132103 N
2,772.69
0.00 0.00 0.00 0.00
2,772.69
6,000.00
Balance Due As Of 0112412024:
-246.24
Tender Details - Description _ _� 'Amount,
Check 11098 6000.00
6000.00
Operator. Batch Total Paid
tmoore 49592 (01/2412024TM) - - 6,000.00.
Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code rmeawomNm h e
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Parts Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
PELICAN POWER PROPERTIES LLC'
BAYER THOMAS D & LINDA
PO BOX 232
WELLBORN TX 77881-0232
PROPERTY DESCRIPTION
Legal: RAMBY, BLOCK 1, LOT 511-3R, ACRES 3.713
Address: 9738 E SEE-21 ,
Account # 394478 __ _ __ _
TAX PAYMENT INFORMATION
Nance of Taxing Unit Tax Year of Refund
ZREFUND 2023
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
PELICAN POWER PROPERTIES LLC
% BAYER THOMAS D & LINDA
PO BOX 232
WELLBORN TX 77881-0232
Collecting Tax far: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid Refund Amount Requested
01/10/2024 $4404.07 $360.00
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct."
-moo-a�
signature Date
912 Oralp �g .�, � < fveun 'r-e 9,0 - 9_•
Phone # Email Address
If youmake a false statement on this application, you could be`founTguilty of a Class A misdemeanor or a State jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DOMMIMTION
T tax r is [ Approved [ ] Disapproved'
Authorized Officer Signature
a(l3/aq-
Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature Date
01/10/2024 08:48AM
R I
TEEN ROE CTA PH# 979 775-9930
K IS ( )
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
41511 COUNTY PARK CT
BRYAN. TX 77802
PAID BY:
PELICAN POWER PROPERTIES LLC
% BAYER THOMAS D 8, LINDA
PO BOX 232
WELLBORN, TX 77881-0232
=2Receipt Number�-
3323762
Date Posted - 12f2912423
Payment Type . P
Payment Code - " Ovkffiefu d
Total Pa[d , S4,4o4.07
Property ID
Acres _ Owner l�atrie_and Address ,
_' _eo _
394478 Z30300-0001-0052
_ _ _ _
_Legal
•3.7130
_ _
PELICAN POWER PROPEP i CS LLC
-
% BAYER THOMAS D & UNDA
Le al Descri tion
b g-.__ c A_ -
-._ - ---- .. _ �� ,
PO BOX 232
RAMEY, BLOCK 1, LOT SR-3R,, ACRES 3113
_
WELLBORN, TX 77881-0232
Sites - • - - :. - - -'
- D13A Name.
__ _ _ _
- -- -• -_ -
973BIE SFI-21
-` A8J GRANITE
_ - - - - - - - -
_
'- -
Entity_ _ _'Rate Taxable
-
Stint # .:Void•
- --
O_riginal Tax
" ---- --
�isc'rits ,• _P,&1 :Att Fees_ _Oiierage Amount Pd
_Year
Z REFUND EM1TY 2023 0.00000
_Vaiue
0 -14877E
- N -_
360.00
_ Q.Ot) 0.00 0.00 0.00
360.00
EMG SVCS DIST-93 2023 0.02406
292,435
101219 N
70.18
0.00 0.00 0.00 0.00 -
70.18
SRYAN ISD 2023 0.94920
292.435
101219 N
2.775.79
0.00 0.00 0.00 0.00
2.775.79
BRAZOS COUNTY 2023 0.40970
292,435
101219 N
1,19.8.10
0.00 0.00 0.00 0.00
1,198.10
1
4.404.07
Balance Due As Of
I
Operator Batch : -- • - - - •.-. -- _ _ - - -- _ ---: - :—----_._r, - - - #oial;Paici;
mleoriard 49358 (01102024MAIL-ML). - - _ - - - - — ---- - - -- — -- -- -- - - 4,404_07.
Page:1 1ieceip! issued InAccordancewith Section 31.075 otthe Texas Property Tax Code rm.nmradama
s
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2023-2024 BUDGET YEAR
NO.23/24 19.01-19.04
On this the 131h day of February 2024 at a regular meeting ofthe 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
E. Wanda Watson, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 13'h day of February 2024 the Court heard and approved a .budget
amendment(s) for the 2023-2024 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 19 September 2023, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 131h day of February 2024.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County udge
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 23/24 -19.01
2/13/2024
FUND NAME
DEPARTMENT NAME
CLASS DESCRIPTION
ACCOUNT CATEGORY
INCREASE
DECREASE
General Fund
Brazos Center -
Administration
Supplies and Other Charges
Expenditure
3,948.00
General Fund
Brazos Center -
Administration
Contractual Services
Expenditure
3,948.00
I
I
I
I
I
I
I
I
i
I -
I
I
I
I
I
I
I
Ge6eral
Fund
R I
ilacation of funds to correct accounts for Allseated program, which will be used to make la uts of rooms eveats.
SAM
Date: -- _ -- -•- 2(7l2024 - County dudge oo gal Data
V?
r racle Entry Qjk
-iftW
i
FUND
DIV
ACCT
Change in Budget
ACCOUNT NAME
01000
36500100
60315000
(3,948.00)
01000
36500100
71020000
3,948.00
I
I
I
I
I
I
I
I
i
I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 23/24 -19.02
2/13/2024
FUND NAME
DEPARTMENT NAME
CLASS DESCRIPTION
ACCOUNT CATEGORY
INCREASE
DECREASE
General Fund
Contingency
Supplies and Other Charges
Expenditure
41,000.00
General Fund
Exposition Center - Non -
Capital.
Professional Services
Expenditure
41,000.00
General
Fund
Reallocation of funds to correct accounts for the Brazos County Expo Complex Facility Assessment that was a rove Commissioner's Coup. on February 6,
2024 (agenda item #11).
Date: W/2024
_— CountyJudge Approval_ _w _ Date
Foi
Oracle Ent Only
t
; r
.
FUND
DIV
ACCT
Change in Budget
ACCOUNT NAME
01000
11001500
61130000
(41,000.00)
01000
36000006
72590000
41,000.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 23/24 -19.03
2/13/2024
FUND NAME
DEPARTMENT NAME
CLASS DESCRIPTION
ACCOUNT CATEGORY
INCREASE
DECREASE
2020 Certificates of
Obligation
JP & Constable building
Capital Outlay
Expenditure
1,200.00
2020 Certificates of
Obligation
JP & Constable building
Supplies and Other Charges
Expenditure
1,200.00
2026
Certificates of Obligation
Reallocation of funds to correct accounts to cover the storage fee for the fiiraiture that was received prior to th & Consta a Pet #1 Building was com leted.
SAM:
Date: 217/2024'
__ County Judg® Approval_ _- --_Date _ _
For
;Orac[eEn 'Onl '.;'
"
FUND
DIV
ACCT
Change In Budget
ACCOUNT NAME
43200
63432300
80100000
1,200.00
43200
63432300
60360000
I,200.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 23124 -19.04
2/1312024
FUND NAME
DEPARTMENT NAME
CLASS DESCRIPTION
ACCOUNT CATEGORY
INCREASE
DECREASE
General Fund
Facilities Services -
Administration
Contractual Services
Expenditiare
17,827.50
General Fund
Facilities Services: -
Administration
Repairs and Maintenance
enditure
17,827.50
General
Fund
Rea11ocation
of fiords to correct accounts for Pest Control Contract.
Date• �_ 2/7/2024
- --- - -_ -_
County Judge Approval _Date
FUND
DIV
ACCT
Change In Budget
ACCOUNT NAME
01000
17000100
71206000
(17,827.50)
01000
17000100
65510000
17,827.50
Personnel Change of Status
(Feb 7,2024)
missioners' Court Date: 02-13-2024
irtment Submitting Information: Human Resources
ose of Submissions: Consider and Take Action on Change
Employment
Department Name
Employee Name
Sheriff Office - Jail Administration
Std% Benjamin
Sheriff Office - Jail Administration
Terraras, Jonathan
Separations
Department Name
Employee Name
Sheriff Office - Jail Administration
Harvey, Terd
SheriffOFfice- JailAdministration
Neal, Nancy
ICounty Judge
Parker, Lisa
Sheriff Office - Jail Administration
Price -Holmes, Dallas
ed in Commissioners' Court: 02-13-2024
Judge's or Commissioner's Signature:
Copy to be attached to minutes)