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HomeMy WebLinkAbout2024/02/13 REGULAR SESSION 10:00 AMis FIL91D FOR RECORD z DATE ZJ O �A O'CLOCK M . XAPEN MC EEN R O CLERK �Y -- - 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. Pg I of 3 B RAZ O S COUNTY COMMISSIONER'S COURT DAY OF 20� I Oo00 �M, Name (PLEASE PRINT) r�� PA, 1 i11� 0 AAA leA'i, -...-.:._._. - Ell "im, r hem NAVe.q Lqba Organization (PLEASE PRINT) l Z U V-V Co. G_ 7c,oQSf 't'- ., Pg -. of 3 BRAZOS COUNTY COMMISSIONER'S COURT (3-w,\ DAY OF v (f uD ame EASE PRINT) 14 RX9. TO S c PAR U S 20 9q M, Organization (PLEASE PRINT) 9CSD G(T'!ZL-Ji So rt-7 To V )- s 6 Pg 3 of 3 BRA COMMIS DAY O 10:0� Name (PLEASE PRINT) 1, 11 , �JafAej .50��,� 1 � Al Dcmaw "PA f)t? Q,f �ZOS COUNTY 3 S I ONER' S COURT F Feby-LLavlk , 202LI_ �I/PK " la*- Organization (PLEASE PRINT) 13 6 TJ "VV cc) `j-a�o Se c_S C Co _ J:kP(�Q t 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 LIMITS COImMERCIAL GENERAL L =LrrY CLAIMS -MADE ❑ OAR EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one mon PERSONAL A ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: PiUCY ❑ % T F1 LOC OTHER: GENERALAGGREGATE ' PRQDUCTS-CO PIOPAGG AUTOMOBILE LIABILITY I AMYAUTO OWNED SCHEDULED AUTOS ONLY RCREEpSUL Ep AUTOS ONLY HMO (En ac NED SINGLE LIMIT BODILY INJURY(PerPerson) $ BODILY INJURY Per aceldenf WPMenl AMAGE UMBRELLALIAB EXCESS LIAR OCCUR CLAIMS�l1ADE FACH OCCURRENCE AGGREGATE DED RETENTION S A AND .amPROPRIETORIPARTNERB K G FS-FI-dm, IIyes deser DESL�RIPTION OYERS LLIABiL01TNY ECUi1VE { E gER u In NH) EXCLU under OF OPERATIONS below MIA X MWC014S739-01 411212020 4112l2021 PER OTH- E.L EACH ACCUIENT 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 PERSONAL$ADVWdURY S 1,000,000 GEN'L AGGRE ATE LIMIT APPLIES PER: X POUCY JECT a LOC OTHER: GENERALAGGREGATE 5 2,000,000 PRODUCTS -CdiAPYOPAGG 2,000,000 AUTOMOBILE LIABRRY ANYAUiO A.00HUppT��O��S ONLY $AUTOSUDp AUTOS ONLY AUTOS ONLY I COMBWEDSINGLE LIMIT BODILY MURY r OILY INJURY P O GE UMBRELLA LUU3 EXCe$s LUIB OCCUR CLAIMS�AADE EACH OCCURRENCE S AGGREGATE RETEEmnoNS p}mbD AN EMPLOY�ERPs LrABIr YIN WJ EXCL N VE Ilym dks ftre order DESCRUMON OF OPERATIONS bekw NIA PER TH- EL EA AC $ EL. DISEASE -EA EMPLOYE E.L. DI LIMIT DESCRWMi The General endorsement subrogation conbetween OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddMonaf RomarM Schadut%may ba a=ftd N Moro apace Is mq*edl 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 LTR I TYPE OF INSURANCE ADDL INS SUER WV POUt:YNUMBER POUCY� MMID POUCYEXP LIMITS COMMIERCWL GENERAL LIABILITY EACH OCCURRENCE $ .._. - CLNM,4MADE ❑OCCUR DAMAGETOROaM PREMISES a rt ca $ MED. EXP &y oae pesea) $ - - - - - - - - - PERSONAL 8 ADV NJJURY t GENL AGGREGATE LiMfrAPPLIES PER: GENERAL AGGREGATE .� POUCY1_j dJ PRODUCTS—COMPIOPAGG OTHER $ AUTOMOBILE LIABILITY CaM�lcd igl SINGLE Lulur aa�n $ sm, 000 BODILY0UURY(Perpelsoe) - - $- A ANYAUTO 9100016101 09 4/26/2020 4/26/2021 OWNS) AUTOS ONLY AUTO$ X SCHEDULED BODILY INJURY (Per aeeidenq PROPERTY DAMAGE (Peraeeiztnl HIRED NON -OWNED AUTOS ONLY AUTOS ONLY s UMBRELLALWB OCCUR EACHOCCURRENCE s ]CLAIMS AGGREGATE EXCESSLUIB -MADE IDEDf IRETENnON$ WORKEWCOMPENSATION PER OTH. AND EMPLOVERVUABILITY YIN 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 - 4 t K ho'n' 76.1 - .43 raizogc6unt g .'.mc6W@b ytx ov, 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. GrantWorks Grant Administration Services -3- 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 GrantWorks Grant Administration Services -4- 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. GrantWorks Grant Administration Services -5- 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 GrantWorks Grant Administration Services -6. 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 GrantWorks Grant Administration Services -7- 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. GrantWorks Grant Administration Services -8- 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 GrantWorks Grant Administration Services -9- 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. GrantWorks Grant Administration Services -10 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. GrantWorks Grant Administration Services -11 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 GrantWorks Grant Administration Services -12 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. GrantWorks Grant Administration Services -13 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 .............................. GrantWorks Grant Administration Services -14 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. Grantworks Grant Administration Services -15 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 -18 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 &QUOTE 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 ftrtildpatftio AddetiddrA ifoC ELECTRONIC MONITORING -PRODUCTS -AND gbkVicks between Brazos 'County. Texas and li'mrine'll Offqnder$ es, ' I Ns"Pa0eipotilfg Addendum is doterwirita-by, Bra o$ C.00MY, TexalS.0prticipating to -) god'11heIbillowinig #W ontra,*t(each a"Pi-it --.a VIh 0, gifiN PoValdeppW "'Party" purpose AS �..nO 66 led I cipaji laster-Agreemdril Nurn6r:221? * SX0021, :executed by. 80ritinet-offeW0 Biarvicig.s. LLC -1220 N t 'to Kin - - imon Circle,jUnifGAnaheim, 0*92806 cind.the State of ("Lead figoni 4 9 !0pqts-and­8ervjcesI'Mastq rAgreemenV) .'PAIMCIPIATIING ADDENDUM CONTACTS. iPontractoes contacffiDr-..this-.Parfibipauh.g -Addendum is C*sonz .VimPresident.8trate 'gicSales. .. - - . . ��arsoriQgLntineladvailt&ge.wm.-(704)* 040 6497 Participati'%-Entity-'s contact for this Parfidipating Addendum is. Josue Loyolpi'Brazos Courtty'Purchasitij Department 1lovqlaQbraz6scountvbc.&ov. (.97-9 ­ 9 .1,301426 lVlelissa-,V.VhIt6,'Brai6s Cou*-jijVanflld S'e-imm—bs .rnwhItWa_brbz:6scbur*tk.q6V (979) 0234W -TERIL This- Pairticipon I I date ofthe !ast signature , oelow.An0l.will terminate_gA QMip,.--e bfiveOgbfthedatef upon termination of the-MaisterAgr0erhOint, as-bimehdod, unless the:ParticipatingAddendum is teEininated i§dohek ift accordance with the terms d6tf6ith Wdih.. PART ICIPATION ANVUSAGE.-Thi§--Participating Addeiiduffi`m5y, 09'"useo.vy all agencies, ihstitjutjaft i. h!4hereducation,- cities; -counti6s,districts, , and 40 political subdivisions of._'ft Partidioatirf§, Efitily, and nonprofit oroariikagons i4ithin 11 heParticipating Entityif authorizbd Herein and:bylaw. Partiapating E04. has soI6 authodly to determine -WWh entities s- are -eligible to use -this- Participating Addendum. lftbh6adtor bgcomes, aware that a enOW I s use of n thisParticipating Addendum is notadthorized, Contractor will notify e-Point to initiate ouk Id the appropriate parties. 6VER14ING LAW. The-consiruttion and effect of -this' Participating Addendum -and apy.0rders-pWed hereunder:vuill b Panic gating W construed accordance vdff�-z ttoP81 txceiit.as--qthqvi4q stated herein, thisParticipsiong Addend' ' urn, . * - incorporates ates the scope , pricifi-gi Ps,and coed i6odsqfthp_Md� t.A9reefnPntqq4 #ie fights -and obligatibrt.pot­th_erein:as applied to. 00rttadtorandPar rEnttyanO Purchasing entities. Products. A1.1"prod.ucts ­ --".gy.a#a0jq_thrqu14 Me.Ma*r _Agreementmay.be,ofFeredand soldbyQqr!tr;qlorto :Purcha sing EWft% A serVi -d --flaWthrough-thp-ma-5f er Agreement ma ylMoftomoA.n.dscild.bvC�-oniractorto- Via, 'PutthdOn 'Entities,. -g- .0-1 -idtorNift,". -tft, reoplier% M"h-er 'd, V_ All WYCO"trad" distrib subcontractors, W panthers:pn %-NASPaVAlU6PcrIht"*ebp�§6 9s.a0th6fted.to_p ov- e 6 tt".e!TfdSbrvidotibparu-a,,-.- rig- -.Co e M id Pr dUc 00"' E-cbtitra�6tot W, eristire 'd' ' rbdodts�4fid Services 1:6 Ut of-thi'- Piiffici*n -AddOndifirri. tity may-provi eP eft; S g In rd - _qM fk RYWO .and oonditionssetibo" Inth -asierAgreementandihthis Parficipafing .-Addeitidurk .Any amendmpnilo-the.' Master-A-'greemeritzhaill be'deemed incorporated' info this Participaft.-Addendurn en a Entity go! -Atipgra dmentisirdiedtodoy-P rtici it' writing to Contractor Withinten (I o)-calbndar days ...pa.ing Enti in -of_the dmehdft*nfs Oft date tind is-Oo` - men, a . thereiftefy- enthqrejb�.. cu 4tWotp . N-ge 1 di Masao Vernon 034AVAluePaInt Pafticloatinj Addendum Pot. ElactriainicH6dWrifig Produ"c"U' and gerAces -Between Brazos county; Texas and tentinelliffender geri4ces,.LLC Any t0nflict.betwedn this Participating Addendum and the Master Agreement will be resolved in favor -of the Participating Addendum. The terms orthis Participating Addendum, endum, including "e modify ing -addino,to the terms of the- Master Agreement, apply -only to the Parties- and sIftill'have na effect on ConhoWs: participating- ida*ith other entities ofG0h r6dtoesMa�terfigre ehentwith: the ,Load State. ORDERS. Pfirchasihn Entitidt. May place broOs-brid0-this Pbrticipdtibd Addendum by -referencing the Participating Addendum on an Ded&r, Each Order placed. under this Participating Addendum is subject tolthe. pncing and ferrns -set forth Herein and in the Masteir Agreement including applicable -discounts, . iscounts, reporting -requirements, and . pa tmtive fees."to UASPO Val* yment of. admihis yeR*It and Participating Eqtityiff applicable: 'FEDEML FUNDINGAEOUIREMENTS. Orders funded With federal funds may fi1 ye. a I ddifional'-con ctual 6 quirements or cardfications'that"must.be satisfied. atthe time the Order is placed or upon delivery. Wtidn applicable, a Purchasing Enfrty Will identify litthe Qtoor.ahy alterndtWe of additicinal requii-ements, related to' the us ',pf federal;-britractof agrees funds, By accepting the(Order, P to corhply'-withthes requirements get forth 'therein. AITACAMENTS&This lRaftipating Addendum ificlLidd_,the folloWih.9 attachments: T, i Pa&, Entity and Conditions are incorporated by ref6ribrice fi- he, pating tll�Stainddrd.'Tetrns erein as XtaOmOnt. A. Wthe event of 416Y conflict b6tWe6ft the t6mts'of the Particiliating'Eritity Standard Tbnis i.aftd-.Conditions and theft'ister.A§iraernent terries; the Peirticipating"Entity Standard Terms and Conditions Adrais take-peecedence. b. -,Sentinel Quote to Brazos County (TX) -;4A8PO 19A =_P8X0­0'2'1` -C) (Q11824L. NO'TICE.' Any notice n . rpqt(Jre?d . hereiri--thaill be tent to f9116WIng:' :. . . .. ... - For Contractor: For Participating Entity:; ,Leo.'Carson,. Vice'PreeidentStrategic Sales Josue L9yola, ..Brazos. County Purchasing Department 1carsonsentineladvan!m(704) 840 6407 iLpyoia@brazoscounlytx..gov,(07�p)'861 4269 "�.O,)-com Melissa White, Brazos County Juvenile Services as mwhitefti ai6scounWtk ov (970*893-r3.544 9 . I jhe f6fribiindof of this Pageisintentionally left -blank) Pagel--cfl " 8 i'' -Version 2023A Va ep .MM am, PikUdiloating Addendum for Ve ronicM;onlioringF!roduiis-andgerv*;.'Ceis .M.Ween Brazos:County, Texasand ;Sefifinell'Offender Servj`qes,_I'LC'- 'SIGNATURE 'The unders gned -for each. .0apty represents and warrants that Ihis Pailkipating Addendurri'!* a valid' and. legal 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' bind the Party hdreto. 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 .Cduhly judoe. Me. aoa + -bate AJNASOO 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 Page 13 of 37 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, Page 14 of 37 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 Page 15 of 37 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. Page 16 of 37 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 Page 17 of 37 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. Page 18 of 37 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 Page 19 of 37 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; Page 21 of 37 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 Page 22 of 37 Agreement 22PSX0021 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 Page 23 of 37 Agreement 22PSX0021 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 Page 24 of 37 Master Agreement 22PSX0021 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 Page 25 of 37 Agreement 22PSX0021 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 Page 26 of 37 Agreement 22PSX0021 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 Page 27 of 37 i Master Agreement 22PSX0021 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 Page 28 of 37 Agreement 22PSX0021 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 Page 29 of 37 i i Master Agreement 22PSX0021 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 Page 30 of 37 Agreement 22PSX0021 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 Page 31 of 37 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) Aelzxg - B a s Co my Engineer Q 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 - fl `''. 6•;. v. $ - ..faro .a9 m _.._. ----•_' `-t ----_ •^r------^-- _1'�40 _.... � yW/ t n +rt w.rs4M: Val w0 1 N KIN �Ic.11D Otd a(tLS . �'� � � �-a-r-r-•r-r-_ y `t �.r r-♦ .. __;�� CRUbO Vouo* •, -- + _q� 7cV2t0 �d: •r/'r 1 `,JAL { }ou dF cz f•=__"'ys �•1 t; I COf �?'[ .wU 17 J •`•,'S�,(( I I�� . iY�l rl '�,` f,'. •-•\ 'I r.s �� LEGDt) _ I ....� I 1 I .__-'"_ _ 'i _ - (SS[7 [O SI. .::[75i -�f t. •�:r-0( I il. 'k. E ��.._� -It 1V- ... II �—. / o � "'�--.rT- 1�-..-. �I .a`��'�.1••- `I. �f��.r� -� I / � rG' - �'e""'r^'` � _... • �L— .c r —r c✓ rp,�c+l, .�e_ _ -. Ir j •1 !^ � _ 1 p f[��.f f a�yoj� i i' 1 I 'i� � � l _ _ _ w...w....e...• . - . ,. ; • - ' -� •.. .,j,.:..o+., •�--T� =ewer � -• . -. ._. "�It� ti;w ` \ �c I ._..n..... r+..... - _ ly{ °r J / �i : �-.z _ J - '`;tea 4n- T - - _- � y t � � ? 1 �/ n+r... J `.�' .�• "' t t L �'�" •, , _ - II I r i:._u � 1 � 1 V ,Z 9� I l 'tW/OP.IIOTLt I000[tl�►Cfdl g �.I_�.e. �:iwv'�'' r I�{y.-` -P -a.-` _ *-4 '� :.i. r .-.._•cJ-�..--h-.-K-r ._..rr-� � r ,I F 1 i •�� I+`111.....,...�.... I ,•� � \ �ij'?� I :..'L.+:."�.. � q =� i-r.�..."���r`-�l_sl�o.� �i.�h it II.... w.�.�'F, `. 5�� • 4 �± �'r i - _ 1 I _..�•...�.... ...._ s a oz � p I _lid rPl/1NVIEW � .;_r���Q-.�.i doe -.:-ter; c�l =�i'_ _ :� +�'� �i.r-� _t�•:-"..a-'I --^'-i�._..-.-.�_:. I � � -.� "" � W jr s.' ..,. - �i ��il dN' Jp� /'�J ;tiS s I � � Iry i7 �ii C(tl• � Jo'1 �+�__ r Y� . err � '� ...... .....'� � g^ I yyy L' Jw ward two Ji - _' - _ .� II ��/ j \\ a mr JN { I �.. i J11' JM I Jy WiCCICsittllt/IG170M om a' II' ca x Jv a ay j p� JR to i ` •a'�- m` g jw ii i�i Q.F e',i u iIc i'i i i ii i i c i 's i ii iia I I I TRAFMCOffROLMM ra a•m I•m tm >w d•O is iIi i:: c U, r..2 LN in 7i iti i i ii i i ii ��•--��— 7 P.M. Icsw J•a 1m sum w tlr o W L "t0G10w d11. iTitC�' .an"Ut" =W. MW <� IRTJC1K8WbQR7� N07M tQIJGfl rw ryW - =M w=cowwn aYl� 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. og� 1J ?g� &ra • ftflJlD ARM trtcy• 3.. rat. II .t tef M7 b*o U s M Alrrsn If I Sr trtr l I - faln+.:a of 4 3 I H kY frog trt. C Irs tans e t OI — TCP (2-1a) WORK SPACE NEAR SHOMDER Conventional Roods Cs1•t ea• m. 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I for worm. gAm r1�0•fl9.r asatd .wtew.tN..a llirs.yti .•O•r>�. nr } t a T. =1141 Wm own or �INRant be ■�IR nv■M mw Ir. t r llrnyf'•t J M Rf frR ba■.t r A stwt •f. for. L cog 'fa2(CQ tyQ• .Ie.t rd to tin 41trr wd t>QI.d I r .I •G17 [LC( It�f' ola M awjLw won a .rTraalael rsommwo. rt/estAnpisar atrRs.ev .arr..l c.ra. II..Irrt %r +�Nt•l r.affr■rasm at.I7. •.It 0% an o• Mow 1 v. ITr Jr1i•.1 WQti ta7TC1 ftr• It.. M 6pAtf Jertrla■rs, 31aV w 7r■i.rl. MmIlno. aofnt I Aittao Tact DWbzWtf TrWgv*oh 41 * 10 er'.,• ateut- TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-10 TCP(2-11-12 MRK VEHICLES ON SHOULDER err 11rrrlst riot ` .,— cmwenti ono) Rooda r�. ra .Y 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 �I 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 2 im �— ,�tt � F ►s k 11 ,(-. Hit ! { J r } J ill ^ .rj i ri. r•. _ .+ Y. �_ _ _ i ^-���_W y. �__-...,_ ..� �Y►. `Mir~. _�.-i. �4•,1y._ i I ur!•�+�>•� a el I4I� �,.• 1 .4'In li^. P+ .etG.1'J , 1'�y." ::f ::: 3. ,� . . _ ..... _ - ,, gyr::r: :iTr.i •: •e ii.1`iC 4 l 1 (:�I /iroe J i7 * � IR � � n � a d `6 YV K `a G b � I'~- _ _ +a r¢a�_ !,•. ! _ _ ��" 1 - ' RM1a117r ' i / tig� Is It It Him Jill 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. .. an of ZCHUt , r � t'BPOOa (DLID14U8MM:) --I— " ' —= W ap m 8301(ioKS No S313IN3A 18M ZHI-Dee (DL-Z1 d01 x801A MIl1011S avow lmlar mmm Nvld IOULNO0 0Id3tlH1 It •w.-s •anl ot�an +I�o.r.�l alto Wtppdz1 Ff �J[ ply sa+Da '+I+1 Rw -u/►Y .I.s MIL lam I N I CrC? -l.Iw>• •/Ai 1.-+..o .aariutlr a u,llsl.als>t Jt con =a am a•Ita N 1+1. q ��V I � O07at f.ltaL 1 � - •als.ca 11.A--11 rlwaa war Mt r.-1►wj� r- 1l' au a■I P•'/A1.L 1.laa ast.. J®1 w .•laa. � .y fart •t I � ss; : ssY oN {.M a.l+ ■ I..I1J1 w J.0 N Iw -May /au cyst MIM r6 FM w"IP0 p &-"q t-N ul.lyy LL4ft>! 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MY+11q Al .\I 1sam S f•tD.lt wtglWt ley[ .� lMIA Uhs No-M -I�.Iw•D -i@t1H IIt+M gal alL®tI Po"Swo At WL trot wllaot wvlL N-Nh V" Al Q?f3931 al1.ft L•s:s .►t lr.+► 1.00 GPWV 1[)u01+AJ'QAWJ a3ainoms No 30bds x2f m (41-i) dal wn a.al WU 11 . AEi.y" . .I 9PDOU LGW! WPAUv:) Rainon 1dV3N 30VdS xaofiL (0 L-Z) 431 7� 1U1 11 P■+Ltta N ta- 1■ala.■ GALL tbaala �� Y R yy1 SI5 t '�d .t�1 '•.���.ii .aa ■ n d7 MTN TM oym StB �Ba ;L- F;b I� 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. L I 1 cold I arUp y�r•N:{'��:\ �IQ � of �Dl1 Iw Nt. N are 1 -14, W. I.A I 11 �R I I . + 1 Ili IM..1.• I.IIrMr M1w• �•}y.� I ,M. Y.• N o• �ifY^tb - 1 1..to V•.. •. 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R tq.•f 'Ygl.{a q•• \I....\ M VIN „aw •1 tWa•ra •wN oa Ytea .y. rr Ir..1/lr .n w awrwrrt rtoetma 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)