HomeMy WebLinkAbout1993-05-24-0900AM-Special•
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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
FILED
93 MAY 20 AM I1= 11
~7AZO$CO,UNNT~ t0 K Uec
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE
COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
MAY
24, 1993, AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE
BRA
ZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1.
Invocation.
,
2.
Pledge of Allegiance.
3.
Consider and take action on budget amendments.
4.
Signing of a Proclamation designating May 23-29, 1993 as
"Respect for Law Week" throughout Brazos County.
5.
Consider and take action on Contract for Services from
Brazos Beautiful.
6.
Consider and take action on the approval of payment to
Solar Foam Insulation, Inc. for re-roofing and repairs on
Brazos County buildings.
7.
Consider and take action on the approval of payment to
Emmett Trant and Associates for architectural services re-
garding re-roofing and repairs on Brazos County buildings.
8.
Consider and take action on the award of the administration
;
and engineering bids for the Cawthorn Utility Project.
9.
Consider and take action on request from Wickson Creek
Special Utility District to install three (3) road bores in
county rights-of-ways of Grassbur Road and Rustic Oaks Drive
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in Precinct 3.
10.
Consider and take action on the acceptance of roads and
drainage of Quarterhorse Ranch Subdivision in Precinct 1.
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11.
Consider and take action on Vacating and Resubdivision Plat
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-of Lake Millican Estates in Precinct 1.
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12.
Consider and take action on Preliminary Plat (Vacating and
Resubdivision Plat) of Plantation Wood in Precinct 1.
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13.
Consider and take action on personnel change of status.
14.
Consider and take action payment of claims.
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15.
Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
MAY 24, 1993
A special meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Monday, May 24, 1993, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Absents
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2, Presiding;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod
Executive Assistant
Carol Palmer
Admin. Asst. to County Judge
Bea Green
Secretary to Commissioners
Rhonda Seaton
Auditor's Office
Cheryl Turney
Auditor's Office
Terri White
Treasurer's Office
A. H. Winder
County Engineer
Bobby Riggs
Sheriff
James Marrow
Constable Pct. 2
Jim Hiney
Bryan/College Station Eagle
Jennifer Gordy
KBTX-TV
Vincent Bosquez
KBTX-TV
Steve Kerbow
C&K Consulting
Paul Ask
Optimist Club
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court next considered Budget Amendment #92/93-16,
which would reallocate funds budgeted for the Sheriff's
Department and transfer funds from the Records Management and
Preservation fund to Records Management and Preservation to
pay for the purchase of an Optical Scanner. On motion by
Commissioner Sims, seconded by Commissioner Turner, the Court
voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
Commissioner Sims read aloud a Proclamation designating
the week of May 23 through 29, 1993 as "Respect for Law Week".
The Court joins with the local optimist Clubs to promote
awareness in the community of the importance of law
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Commissioners Court meeting May 24, 1993
enforcement officers and their role in the preserving social
order in a democracy. On :notion by Commissioner Sims,
seconded by Commissioner Turner the Court moved to proclaim
the week of May 23 through 29, 1993 as "Respect for Law Week"
throughout Brazos County. Commissioner Wilcox then presented
the signed Proclamation to Mr Paul Ask, representing the local
optimist Clubs.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Beautiful. For the amount of $11,000 paid annually by Brazos
County, Brazos Beautiful will provide services in litter
control and beautification. Term of the contract will be
fiscal year 1992-1993. On motion by Commissioner Norton,
seconded by Commissioner Sims, the Court voted unanimously to
enter into contractual agreement with the Brazos Beautiful.
A copy of the contractual agreement is attached hereto.
On motion by Commissioner Wilcox, seconded by Commis-
sioner Turner, the Court voted unanimously to pay Solar Foam
Insulation, Inc. $179,791.20 for re-roofing and repairs to
Brazos County buildings. Emmett Trant, Architect, certified
the amount to be paid.
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to pay Emmett Trant and
Associates $3,196.29 for architectural /engineering design
services for the re-roofing and roof repairs to Brazos County
buildings.
The Court next considered award the administration and
engineering bids for the Cawthorn Utility Project. Commis-
sioner Norton, on behalf of the review committee, recommended
awarding the engineering bid to Duff Engineering and recom-
mended that the firm of C&K Consultants, Inc, handle the
administration of the project. On motion by Commissioner
Sims, seconded by Commissioner Turner, the Court voted
unanimously to accept the recommendation of the review
committee and award the engineering bid to Duff Engineering
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Commissioners Court meeting May 24, 1993
and award the administration bid to C&R Consultants, Inc.
pending approval and a signed contract from the State.
The Court next considered the request from Wickson Creek
Special Utility District for three (3) bores in the right-of-
way Grassbur Road and Rustic Oaks Drive in order to install
water lines. All lines will be located in the 16 foot utility
easement: The sites are located in Precinct 3. On motion by
Commissioner Sims, seconded by Commissioner Norton, the Court
voted unanimously to approve the request of Wickson Creek
Special Utility District and authorized the installation. A
copy of the request is attached hereto.
The next matter for consideration was the acceptance of
roads and drainage of Quarterhorse Ranch Subdivision.
Commissioner Norton informed the Court that a check in the
amount of $26,000.00 had been submitted to the Treasurer's
office for payment to complete the roads. Commissioner Sims
asked who would be doing the work. Commissioner Norton
answered that the County will do it as time allows. On motion
by Commissioner Norton, seconded by Commissioner Turner, the
Court voted unanimously to accept the roads and the drainage
in the Quarterhorse Ranch Subdivision.
The Court next considered approval of the vacating and
re-subdivision plat of lots 26 and 43 Lake Millican Estates
Subdivision. Commissioner Norton informed the Court that Mr.
Harold walker, subdivider, had done everything requested with
the septic system and had removed the trailers. On motion by
Commissioner Norton, seconded by Commissioner Sims, the Court
unanimously approved the vacating and re-subdivision plat of
the location of lots 26 and 43 Lake Millican Estates Subdi-
vision.
The Court next considered approval of the Preliminary
Plat of Plantation Wood/Vacating and Replating. The site is
located in Precinct 1. Holland Winder, County Engineer,
stated that he had reviewed the plat and recommended there be
a minimum of 80 feet of right-of-way. On motion by
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Commissioners Court meeting May 24, 1993
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Commissioner Norton, seconded by Commissioner Turner, the
Court unanimously approved the Preliminary Plat of Plantation
Wood/Vacating and Replating.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Gutierrez, Jessie Road & Bridge L/T Sal Inc
Marshall, Wayne Road & Bridge Promotion
Gordon, Russell Sheriff Office Resignation
Ramirez, Peter Sheriff Office Resignation
Preston, John Sheriff Office Resignation
Glover, Annette Sheriff Office Resignation
Brandon, Beth Sheriff Office New Employee
Johnson, James Sheriff Office New Employee
Jennings, Patrick Sheriff Office New Employee
Holt, John Sheriff Office New Employee
Davis, Kyle District Attorney Resignation
on motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10 General Fund Claims-009796-thru-010233-
20 Road & Bridge Claims-010410-thru-010469-
22 Road & Bridge II---------- Claims-010234-thru-010241-
24 C.O. Debt Service Claims-010242-thru-010243-
32 Records Mgn. & Presv------ Claims-010244-thru--------
54 Health Department Claims-010259-thru-010311-
60 Payroll Claims-010312-thru-010313-
61 Health & Life Ins--------- Claims-010314-thru-010317-
90 Brazos County Grants Claims-010318-thru-010390-
91 MPO----------------------- Claims-010391-thru--------
97 Narc. Traf. Task Force Claims-010392-thru-010409-
On motion by Commissioner Norton, seconded by Commis-
sioner Turner, the Court voted unanimously to approve the
Claims as submitted.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court Meeting held
have been examined and approved in open Court
this the day of 44 • , 19in Bryan,
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Brazos County, Texas.
R.J. H mgreen
County Judge
Walter Wilcox
Commissioner, Precinct 2
A7 s,7
Gary Norton
Commissioner, Precinct 1
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Randy Si
Commiss oner, Precinct 3
Milton Turner
Commissioner, Precinct 4
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Mary AO(n Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1992-1993 BUDGET YEAR
NO. 92/93-16
On this the 24th day of May 1993 at a special meeting of the
commissioners' Court, the following members were present:
R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on May 24, 1993, the Court heard and approved a
budget amendment for the 1992-1993 budget year for Brazos County,
Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 28,
1992, the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 24th day of May 1993
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
BY= R-v unl mnrrnn County doge
Q'
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Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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Budget Amend. No. 92193-16: May 24, 1993
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DEPT
ACCOUNT If
ACCOUNT NAME
INCREASE
(DECREASE)
REASON
Sheriff
10-31-6213
Automotive
(5,000)
Reallocate
10-31-5213
Uniforms
5,000
funds
• • INC. TO DEPT BUDGET
$0
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- FUND
ACCOUNT #
ACCOUNT NAME
INCREASE
(DECREASE)
REASON
Roc Manag
32-32-5118
Extra Help
(6,250)
Optical
d Prow
32-32-5511
Printing & Filming
(9,000)
Scanner
32~32-6210
Office Furniture 6 Equip
33,050
.
INC. TO DEPT BUDGET -
$17,800
"
Roc Manag R
32-00-4413
County Clerk
(17,800)
Transfer
& Presv
to RM&P
"INC, TO FUND BUDGET
.($17,800)
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CONTRACT FOR SERVICES FROM BRAZOS BEAUTIFUL, INC.
THE STATE OF TEXAS :
COUNTY OF BRAZOS
This is an agreement by and between the County of Brazos
(hereinafter referred to as "COUNTY") and BRAZOS BEAUTIFUL, INC.,
a non-profit association for the improvement of the aesthetic
appearance of Brazos County (hereinafter referred to as "BRAZOS
BEAUTIFUL").
WHEREAS, BRAZOS BEAUTIFUL has been created to provide
assistance to the community in litter control and beautification;
WHEREAS, BRAZOS BEAUTIFUL has expanded its efforts into solid
waste management and recycling;
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises
recited herein, the parties agree as follows:
1. BRAZOS BEAUTIFUL shall provide services in litter control
and beautification and will develop programs directed toward solid
waste management and recycling. BRAZOS BEAUTIFUL shall also assist
in conducting a pilot program for the County Citizen Collection and
Recycling Stations for the rural citizens of Brazos County.
2. BRAZOS BEAUTIFUL will be funded by the COUNTY in the
amount of Eleven Thousand Dollars ($11,000.00), from the County
1992-93 Fiscal Year Funds.
3. BRAZOS BEAUTIFUL shall maintain fiscal records and
supporting documentation in the form of canceled checks, payroll
records, invoices, or other documents required for all expenditures
'.+~~u.+I r--r}r~1t411r`~~.p~►7'Vq[1~V~.[('s".!~_.4'1..4`i1F{9+~vII~~F+'9Y0'!-~~IR. ~~w .w v~n~ •~..a...- r~...-, x..... _ ~ _ - _
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of funds-made under this agreement.
4. BRAZOS BEAUTIFUL shall submit a financial statement to
COUNTY annually.
5. All notices and documentation required to be sent to
COUNTY shall be forwarded to
R. J. HOLMGREEN
County Judge
Brazos County Courthouse
300 East 26th St., Ste. 114
Bryan, Texas 77803
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6. It is understood and agreed that COUNTY'S participation
in BRAZOS BEAUTIFUL is limited to the contribution of funds.
COUNTY at no time shall be liable or responsible for the acts of
BRAZOS BEAUTIFUL, it agents, or employees.
7. Either of the parties shall have the right to terminate
this agreement in whole or in part at any time. Notice to
terminate this agreement will be given in writing at least thirty
(30) days prior to the date of termination. The notice shall
include the reasons for such termination, the effective date of the
termination, and in the case of partial termination, the portion of
the agreement to be terminated.
SIGNED this O- day of 1993.
BRAZOS BEAUTIFUL, INC. BRAZOSee ''COUNTY
By :
Administrator County u ge
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Chairman of the Board
Count Clerk
3.5oont/18e:bbmA93:oon
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AGREEMENT
PART 1
,y
THIS AGREEMENT, entered into this .21 ff, day of _
1993, by and between the County of Brazos, State of Texa
(hereinafter called the "County") acting herein by Judge R.J.
Holmgreen, Judge, hereunto duly authorized, and C and K
Consulting (hereinafter called "Firm") acting herein by Steve
Kerbow.
WITNESSETH THAT:
WHEREAS, the County desires to implement a Texas Community
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Development Program to provide first time water service under
the general direction of the County's 1992 Texas Community
Development Program; and Whereas the County desires to engage
the Firm to render those administrative services required to
implement the activities as presently stated in the County's
1992 Texas Community Development Program contract to provide
first time water service in Cawthon Community.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
Part II, Scope of Services, is hereby
incorporated by reference into this Agreement.
This Scope includes, but is not limited to,
all general administrative services required
by the current Texas Community Development
Program Performance Statement included in the
County - Texas Department of Housing and
Community Affairs program contract.
2. Time of Performance The services of the Firm
shall commence on 7 1993. In any event,
all of the services r Quired and performed
hereunder shall be completed no later than
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3. Access to 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
above shall be furnished to the Firm by the
County and its agencies.
Page 1 of 3
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4. Compensation and Method of Payment - The
maximum amount of compensation to be paid to the
Firm hereunder shall not exceed Twenty Thousand
and no Dollars (4 20,000). Payment to the Firm
shall be based on satisfactory completion of
identified milestones in Part III - Payment
Schedule of this Agreement. Reimbursement for
expenses outside the Scope of Services shall be
on an actual cost basis.
5. Indemnification - The Firm shall comply with the
requirements of all applicable laws, rules and
regulations, and shall exonerate, indemnify, and
hold harmless the County and its agency members
from and against them, and shall assume full
responsibility for payments of Federal, State,
and local taxes on contributions imposed or
required under the Social Security, workmen's
compensation and income tax laws.
6. Miscellaneous Provisions
a. This Agreement shall be construed under
and in accord with the laws of the State
of Texas, and all obligations of the
parties created hereunder are performable
in Brazos County, Texas.
b. This Agreement shall be binding upon and
enure to the benefit of the parties
hereto and their respective heirs,
executors, administrators, legal
representatives, successors and assigns
where permitted by this Agreement.
C. 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.
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d. 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
attorney's fees, costs, and necessary
disbursements in addition to any other
relief to which such party may be
entitled.
e. This Agreement may be amended by mutual
agreement of the parties hereto and a
writing to be attached to and
incorporated into this Agreement.
7. Terms and Conditions - This Agreement is
subject to the provisions titled, "Part IV
Terms and Conditions" and attached hereto and
incorporated by reference herein.
8. Performance Contingency - This Agreement is
contingent upon the successful execution of a
Contract for Community and Economic
Development Programs between the County and the
Texas Department of Housing and Community Affairs
for the purpose as stated in Part t of this
Agreement. Should the Contract for Community and
Economic Development Programs between the County
and the Texas Department of Housing and Community
Affairs not be executed, and thus the grant not
be awarded to the County, this Agreement shall be
void and not enforceable.
IN WITNESSETH HEREOF, the parties have hereunto set their
hands and seals.
,SLL78R /•L('OX
COUNTY 440ff e0WAtjrSi3=,vArp-
COUNTY OF BRAZOS
'4~L ~flA
STEVE KERB W
C AND K CONSULTING
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PART II
PROFESSIONAL MANAGEMENT SCOPE OF SERVICES
The Firm shall provide the following scope of services:
A. Proiect Management
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1. General advice with respect to the implementation of
f, the project and regulatory matters.
2. Furnish necessary forms and procedures for
implementation of the project.
3. Provide technical assistance to County personnel who
will be directly involved in the program for routine
tasks.
4. Assist the County in developing a recordkeeping system
consistent with program guidelines, including the
establishment and maintenance of program files.
S. Serve as liaison for the County during any monitoring
visits by staff representatives from either the Texas
Department of Housing and Community Affairs (TDHCA) or
the U.S. Department of Housing and Urban Development
(HUD).
8. Assist the County in meeting all special condition
requirements.
7. Prepare and submit to TDHCA all required periodic
progress and compliance reports.
8. Assist the County in meeting citizen participation,
fair housing, personnel, and flood prevention
requirements as may be required for participation in
the Texas Community Development Program.
8. Financial Management
1. Assist the County in proving its ability to manage the
grant funds to the state's audit division.
2. Assist the County in establishing and maintaining a
separate bank account, journals and ledgers.
3. Assist the County in submitting the
Depository/Authorized Signatory form to TDHCA.
4. Assist the County in preparation of requests for funds
from TDHCA.
5. Assist County to establish procedures to handle the use
of any TCDP program income.
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2. Coordinate environmental clearance procedures with
other interested parties.
3. Document consideration of any public comments.
4. Prepare any required re-assessment of environmental
assessment.
5. Prepare request for release of funds and
certifications.
D. Acquisition
1, Prepare required acquisition report(s).
2. Assist County in obtaining documentation of ownership
for County-owned property and/or ROWs.
3. Maintain a separate file for each parcel of real
property acquired.
4. Determine necessary method(s) for acquiring real
property.
5. Prepare correspondence with property owners.
6. Assist County in negotiations with property owner(s).
E. Labor Standards
1. Assist County in determining whether and/or what TDHCA
contract activities will be carried out in whole or in
part via force account labor.
2. Assist County in determining whether or not it will be
necessary to hire temporary employees to specifically
carry out TDHCA contract activities.
3. -Assist County in maintaining adequate documentation of
personnel, equipment and materials expended/used and
their costs.
4. Assist County to document compliance with all federal
and state requirements related to equal employment
opportunity.
5. Assist'County to document compliance with the minimum
wage and overtime.pay requirements.
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6. -Act as local labor standards officer.
7. Request wage rates from TDHCA.
8. Verify construction contractor eligibility.
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9. Submit notice of contract award, notice of start of
construction and final wage compliance report.
10. Conduct pre-construction conference and prepare
N' minutes.
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11. Review weekly payrolls and conduct compliance
follow-ups.
12. Conduct employee interviews.
13. Maintain monthly employee utilization reports.
F. Egual'Ooportunity
1. Assist the County in developing, implementing and
documenting fair housing activities.
2. Maintain documentation of all project beneficiaries by
ethnics and gender.
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G. Relocation (not anticipated)
1. Assist County in designing local relocation guidelines.
2. Assist County in identifying individuals to be
relocated and prepare appropriate notices.
3. Interview relocatees and identify assistance needs.
4. Maintain a relocation record for each individual/
family.
5. Provide education/assistance to relocatees.
6. Inventory local available housing resources and
maintain a referral list.
H. Rehabilitation of Private Property (not included in
project)
1. Prepare and submit to TDHCA for approval local
rehabilitation guidelines.
2.` Assist County in establishing escrow account and
obtaining TDHCA approval.
3. Develop necessary forms.
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4. Screen applicants.
5. Prepare work write-ups and cost estimates.
6. Issue Notice to Proceed to construction contractor(s).
7. Conduct inspections, process final contract documents,
and maintain a record of beneficiaries.
I. Audit/Close-out Procedures
1. Prepare the final Project Completion Report, including
Minority Business Report, Monthly Employee Utilization
Report, documentation of fair housing activities and
Certificate of Completion.
2. Assist County in responding to any monitoring findings.
3. Assist County in resolving any third party claims.
4. Provide auditor with TCDP audit guidelines.
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• Part III Payment Schedule
The County of Brazos shall pay the Firm an amount not to exceed
i Twenty Thousand and no Dollars 20,000) for management and
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administrative services in connection with the Brazos County s
1992 Texas Community Development Program to provide first time
water service to the Cawthon Community in Brazos County.
Payable at the completion of the following program milestones:
Program Initiation $ 4,500
Environmental Assessment 3,500
Section 3 Plan....... 1,000
Financial Management System...........- . 21500
Program Files 2,000
Labor Standards Compliance 1,500
Bid Process 2,000
Monthly Stipend (8 at $250/month)......... 2,000
Close-out 1,000
Total .....................................$20,000
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PART IV
TERMS AND CONDITIONS
PROFESSIONAL MANAGEMENT, ENGINEERING
AND/OR ARCHITECTURAL SERVICES
1. Termination of Contract for Cause. If, through any cause, the
Firm shall fail to fulfill in a timely and proper manner '
his/her obligations under this Contract, or if the Firm shall.
violate any of the covenants, agreements, or stipulations of
this Contract, the County shall thereupon have the right to
terminate this Contract by giving written notice to the Firm
of such termination and specifying the effective date thereof, 1
at least five days before the effective date of such
termination. In such event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Firm under this t
Contract shall, at the option of the County, become its
property and the Firm shall be entitled to receive just and
equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding any other term or provision contained herein
to the contrary, in no event shall C AND K be liable or
responsible for any damages, delays, losses, or claims caused,
in whole or in part, by (a) the acts or omissions of persons
or entities other than C AND K. or (b) an act or acts of God.
2. Termination for Convenience. Either party to this Agreement
may terminate this Contract at any time by giving at least ten
(10) days notice in writing to the other party. If the
Contract is terminated by the County as provided herein, the
Firm will be paid for the time provided and expenses incurred
up to the termination date. If this Contract is terminated
due to the fault of the Firm, Paragraph 1 hereof relative to
termination shall apply.
3. Changes. The County may, from time to time, request changes in
the scope of the services of the Firm to be performed
hereunder. Such changes, including any increase or decrease
in the amount of the Firm's compensation, which are mutually
agreed upon by and between the County and the Firm, shall be
incorporated in written amendments to this Contract.
4. Personnel.
a. The Firm represent that he/she has, or will secure at his
own expense, all personnel required in performing the
services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the
County.
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b. All of the services required hereunder will be performed
by the Firm or under his/her supervision and all personnel
ehgaged in the work shall be fulty qualified and shall be
authorized or permitted under State and Local law to
perform such services.
C. None of the work or services covered by this Contract
shall be subcontracted without the prior written approval
of the County. Any work or services subcontracted
hereunder shall be specified by written contract or
agreement and shall be subject to each provision of this
Contract.
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5. Assignability. The Firm shall not assign any interest on this
Contract, and shall not transfer any interest in the same
(whether by assignment or novation), without the prior written
consent of the County thereto: Provided, however, that claims
for money by the Firm from the County under this Contract 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 promptly to the
County.
6. Reports and Information. The Firm, at such times and in such
forms as the County may require, shall furnish the County such
periodic reports as it may request pertaining to the work or
services undertaken pursuant to this Contract, the costs and
obligations incurred or to be incurred in connection
therewith, and any other matters covered by this Contract.
7. Records and Audits. The Firm shall maintain accounts and
records, including personnel, property and financial records,
adequate to identify and account for all costs pertaining to
the Contract and such other records as may be deemed necessary
by the County to assure proper accounting for all project
funds, both Federal and non-Federal shares. These records
will be made available for audit purposes to the County or any
authorized representative, and will be retained for three
years after the expiration of this Contract unless permission
to destroy them is granted by the County.
a. Findings Confidential. All of the reports, information, data,
etc., prepared or assembled by the Firm under this contract
are confidential and the Firm agrees that they shall not be
made available to any individual or organization without the
prior written approval of the County.
9. Copyright. No report, maps, or other documents produced in
whole or in part under this Contract shall be subject of an
application for copyright by or on behalf of the Firm.
10. Compliance with Local Laws. The Firm shall comply with all
applicable laws, ordinances, and codes of the State and Local
governments, and the Firm shall save the County harmless with
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11. Equal Employment Opportunity. During the performance of this
Contract, the Firm agrees as follows:
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a. The Firm will not discriminate against any employee or j
applicant for employment because of race, creed, sex, f
color, or national origin. The Firm will take affirmative
action to ensure that applicants are employed, and that
employees are treated during employment, without regard to
their race, creed, sex, color, or national origin. Such
action shall include, but not be limited to, the G
following: Employment, upgrading of pay or other forms of i
compensation; and selection for training, including E
apprenticeship. The Firm agrees to post in conspicuous
places, available to employees and applicants for
employment, notices to be provided by the County setting
forth the provisions of this non-discrimination clause.
b. The Firm will, in all solicitation or advertisements for
employees placed by or on behalf of the Firm, state that
all qualified applicants will receive consideration for
employment without regard to race, creed, sex, or national
origin.
c. The Firm will cause the foregoing provisions to be
inserted in all subcontracts for any work covered by this
Contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
d. The Firm will include the provisions a. through c. in
every subcontract or purchase order unless exempted.
12. 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 of, or be subjected to discrimination
under any program or activity receiving Federal financial
assistance.
13. Section 109 of the Housing and Community Development Act of
1974. No person in the United States shall on the ground of
race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjects to
discrimination under any program or activity funded in whole
or part with funds made available under this title.
14. "Section 3" Compliance in the Provision of Training,
Employment, and Business Opportunities.
a. The work to be performed under this contract is on a
Page IV 3
/ respect to any damages arising from any tort done in
performing any of the work embraced by this Contract.
0
project assisted under a program providing direct Federal
financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires
that to the greatest extent feasible opportunities for
training and employment be given lower income residents of
the project area and contracts for work in connection with
the project be awarded to business concerns which are
located in, or owned in substantial part by persons
residing in the area of the project.
b. The parties to this contract 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 C.F.R. 235, and all applicable
rules and orders of the Department issued thereunder prior
to the execution of this Contract. The parties to this
Contract certify and agree that they are under no
contractual or other disability which would prevent them
from complying with these requirements.
C. The contractor will send to each labor organization or
representative of workers with which he/she has a
collective bargaining agreement or other contract or
understanding, it 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 contractor will include this Section 3 clause in every
subcontract for work in connection with the project and
will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 C.F.R. Part
135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the
latter has been found in violation of regulations under 24
C.F.R. Part 125 and will not let any subcontract unless
the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of
these regulations.
e. Compliance with the provisions of Section 3, the
regulations set forth in 24 C.F.R. Part 135, and all
applicable rules and orders of the Department 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, its successors and assigns. Failure
to fulfill these requirements shall subject the applicant
Page IV - 4
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or recipient, 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 C.F.R. Part 135.
15. Section 503 Handicapped (if $2,500 or Over) Affirmative Action
for Handicapped Workers.
a. The contractor will not discriminate against any employee
or applicant for employment because of physical or mental
handicap in regard to any position for which the employee
or applicant for employment is qualified. the contractor
agrees to take affirmative action to employ, advance in
employment and other wise treat qualified handicapped
individuals without discrimination based upon their
physical or mental handicap in all employment practices
such as the following: Employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
b. The contractor agrees to comply with the rules,
regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
c. In the event of the contractor's non-compliance with the
requirements of this clause, actions for non-compliance
may be taken in accordance with the rules, regulations,
and relevant orders of the Secretary of Labor issued
pursuant to the Act.
d. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment,
notices in a form to be prescribed by the Director,
provided by or through the contracting officer. Such
notices shall state the contractor's obligation under the
law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants
for employment, and the rights of applicants and
employees.
e. The contractor will notify each labor union or
representative or workers with which it has a collective
bargaining agreement or other contract understanding, that
the contractor is bound by the terms of Section 503 of
Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment
physically and mentally handicapped individuals.
f. The contractor will include the provisions of this clause
in every subcontract or purchase order of $2,500 or more
unless exempted by rules, regulations, or orders of the
1 c Lty
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Secretary issued pursuant to Section 503 of the Act, so
that such provisions will be binding upon each
subcontractor with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions,
including action for non- compliance.
16. Interest of Members of a County. No member of the governing
body of the County and no other officer, employee, or agent of
the County 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 Contract, and the Firm shall take
appropriate steps to assure compliance.
17. Interest of Other Local Public Officials. No member of the
governing body of the locality and no other public official of
such locality, who exercises any functions or responsibilities
in connection with the planning an carrying out of the
program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Firm shall take
appropriate steps to assure compliance.
18. Interest of Firm and Employees. The Firm covenants that he/she
presently has no interest and shall no acquire interest,
direct or indirect, in the study area or any parcels therein
or any other interest which would conflict in any manner or
degree with the performance of his/her services hereunder.
The Firm further covenants that in the performance of this
Contract, no person having any such interest shall be
employed.
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
•
Formal notice is hereby given that Wickson Creek Special Utility
District (Applicant), proposes to place X 3 road bores
across
mithiax the right-of-way of Grassburr Rd. & Rustic Oaks Dr. (name of
road) in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully
shown by 3 copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he or his designated inspector may
inspect the actual installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer.
3. That Brazos County reserves the right to require Applicant to
relocate or lower any such line at no cost to Brazos County, should
same become necessary due to widening or lowering, or other
alteration of the roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than twenty-four
inches (24") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (2') below
the center of the roadway.
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7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after the 18th day of
mu
Firm: Wickson Creek Special Utility District
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By: Kent Watson
Title: General Manager
Address: P.O. Box 4756
Bryan, Texas 77805
Phone: 409/589-3030
APPROVED BY COMMISSIONERS' COURT
• Date:
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