HomeMy WebLinkAbout2001-06-19-0900AM-RegularFILED
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BRAZOS COUNTY
BRYAN. TEXAS
2001 JUN 15 A CO 03
KAREN HeOUEEN.000NTY CLERK
BRAZOS COUNTY. BRYANJEXAS
D
BY DEPUTY
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JUNE 19, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Cauley.
2. Pledge of Allegiance - Commissioner Cauley.
3. Call for citizen input and/or concerns.
Consider and take action on agenda items 4 - 23:
4. Budget Amendment 00/01-32.
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5. Request by the District Attorney to combine two part-time positions to create one full-
time position.
6. Personnel Changes of Status.
7. Payment of Claims.
8. Award of RFP #2001-005, Casualty/liability/property Insurance.
9. Approval of the City of Bryan's appointment to the Brazos Valley Council of
Governments Board of Directors.
10. Appointment of a County representative to the Brazos Valley Council of Governments
Board of Directors.
11. Request by Constable, Precinct 4, for the addition of a non-paid, reserve deputy.
12. Request by Constable, Precinct 5, for the addition of two non-paid, reserve deputies.
13. Resolution relative to Unclaimed Property Credits for Brazos County received by the
State Comptroller's Office.
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14. Rescinding an Order, passed by the Commissioners Court on December 4, 1989;
providing for the taxation of property exempt under Article VIII, Section I J, Texas
Constitution.
15. Adoption of the "Freeport Goods" tax exemption under Article VIII, Section I -j, of the
Texas Constitution.
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Commissioners Court Meeting Agenda
June 19, 2001
Page Two
16. Tax Resale Deed and authorization for County Judge to execute Tax Resale Deed for Part
of Lots I and 2, Austin Addition, City of Bryan, to Charlie Manley, Sr. and Lyvonne
Manley.
17. Cancellation of the July 10, 2001 Commissioners Court meeting.
18. Amendments No. 1 to each of the following Construction and Maintenance Agreements
for Bridge Replacement or Rehabilitation Off the State System with the Texas
Department of Transportation:
a. Long Trussel Road at the Navasota River (Project BR 97 (341)031).
b. Grassbur Road at Wickson Creek (Project BR 97 (343)031).
C. Elmo Weedon Road at Wickson Creek (Project BR 97(635)031).
19. Requisitions from Certificates of Obligation, Courthouse Improvements, foracomputer
and monitor with software, a laser jet printer and two file cabinets for the Commissioners
Court.
20. Requisitions from Minor Acquisitions, Brazos Center, for a podium, five easels and a
refrigerator.
21. Blanket Purchase Order for $2,000.00 to the Eagle for the Personnel Department.
22. The Final Plat of Whitetail Run, 77.24 acres, Lots 1-17, Block One, Moses A. Foster
League and Thomas M. Splane League. Site is located in Precinct 3.
23. Approval of minutes from the following Commissioners Court meetings conducted in
2001:
a. Regular meetings conducted on March 6, March 20, and March 27.
b. Two workshop meetings conducted on March 27.
C. Joint meeting with the Cities of Bryan and College Station on March 23.
24. Announcement of interest items and possible future agenda topics.
25. Call for citizen input and/or concerns.
26. Convene into Executive Session pursuant to §551.072 of the Texas Government Code
to discuss acquisition of real property.
27. Consider and take action on Executive Session.
28. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for ;
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (979) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
JUNE 19, 2001
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A regular 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 Tuesday, June 19, 2001, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm.S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
through 32.6, which would transfer funds to Information
pledge of allegiance.
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Technology, Jail Administration, Tax Office from Contingency,
and reallocate funds for the Purchasing Department, Brazos
Center. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
hereto.
The Court next considered a request by the District
Attorney to combine two part time positions to create on full
time position. This was removed from the agenda.
The Court proceeded to consider the change of status of
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Commissioner Cauley gave the invocation and led the
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #00/01-32.1
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to approve the•
changes as submitted.
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Commissioners' Court meeting June 19, 2001 2
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20019828 through 20020078
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
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submitted.
The next matter before the Court was awarding RFP #2001-
005, Casualty/Liability/Property Insurance. Don Gray,
insurance consultant, informed the Court that there was one
proposal that was above all the others. Texas Public Entity
Group had the best prices but with less coverage. On motion
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by Commissioner Thornton, seconded by Commissioner Sims, the
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Court voted unanimously to award the RFP to Texas Public
Entity Group and to remain with the Texas Association of
Counties for Workers Compensation coverage. A copy of the bid
tabulation is attached.
The Court next considered approval of the City of Bryan Is
appointment to the Brazos Valley Council of Governments
(BVCOG) Board of Directors. On motion by Commissioner Sims,
seconded by Commissioner Thornton, the Court voted unanimously
to approve the appointment of Council Member Paul Madison to
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serve on the BVCOG Board of Directors.
The next matter before the Court was the appointment of
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a County representative to the Brazos Valley Council of
Governments Board of Directors (BVCOG). On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to reappoint Alvin W. Jones to serve
on the BVCOG Board of Directors.
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The Court next considered a request from Constable
Precinct 4, Duane Peters, to appoint James Ward Carter as
unpaid Reserve Deputy Constable. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
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Commissioners' Court meeting June 19, 2001
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unanimously to approve the request from Constable Peters to
appoint James Ward Carter as unpaid Reserve Deputy Constable
subject to appointment being within the allotted number of
deputies.
The Court next considered a request from Constable
Precinct 5, Isaac Butler, Jr., to appoint Monica R. Bell and
Agustin G. Rubio as unpaid Reserve Deputy Constables. On
motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the request
from Constable Butler to appoint Monica R. Bell and Agustin G.
Rubio as unpaid Reserve Deputy Constables subject to
appointments being within the allotted number of deputies.
The Court next considered adopting a Resolution relating
to Unclaimed Property Credits for Brazos County received by
the State Comptroller's Office. The Court was notified that
there is $123.00 of unclaimed funds credited to Brazos County
under Texas Property Code Section 74.602. On motion by
Commissioner Thornton, seconded by Commissioner Sims, the
Court voted unanimously to claim the $123.00 of unclaimed
funds and asked that the funds be forwarded to the County
Treasurer.
The next matter before the Court was the rescinding of an
order passed by the Commissioners Court on December 4, 1989,
that provided for the taxation of property, exempt under
Article VIII, Section I-J, Texas Constitution. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to adopt an Order rescinding the Order
passed on December 4, 1989. Such Order to become effective on
January 1, 2002. A copy of to rescinding Order is attached.
The Court next considered adoption of the "Freeport
Goods" tax exemption under Article VIII, Section 1-j, of the
Texas Constitution. On motion by Commissioner Sims, seconded
by Commissioners Jones, Thornton and Cauley, the Court voted
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Commissioners' Court meeting June 19, 2001 4
unanimously to adopt the "Freeport Goods" tax exemption. A
copy is attached.
On motion by the County Judge, seconded by Commissioner
Sims, the Court voted unanimously to remove from the agenda
consideration of a Tax Resale Deed to Charlie Manley, Sr. and
Lyvonne Manley.
The Court next considered cancellation of the July 10,
2001 Commissioners Court meeting. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to cancel the July 10th Commissioners Court
meeting.
The next matter before the Court was consideration of
Amendments No. 1 to each of the following Construction and
Maintenance Agreements for Bridge Replacement or
Rehabilitation of Off the State System with the Texas
Department of Transportation:
1. Long Trussel Road at the Navasota River
(Project BR97(341)OX)
2. Grassbur Road at Wickson Creek (Project
BR97 ( 343) OX.)
3. Elmo Weedon Road at Wickson Creek (Project
BR97(635)OX)
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve Amendments No.
1 to the Construction and Maintenance Agreements for the three
previously named bridges which waives the local match fund
participation requirement with performance by the Local
Government of an equivalent dollar amount of structural
improvement work. A copy is attached.
The Court next considered approval of requisitions from
Certificates of Obligation, Courthouse Improvements, for a
computer and monitor with software, a laser jet printer and
two file cabinets for the Commissioners Court. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
court voted unanimously to approve payment of the requisitions
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Commissioners' Court meeting June 19, 2001 5
from Certificates of Obligation, Courthouse Improvements in
the total amount of $2,421.00.
C.
The Court next considered requisitions from Minor
Acquisitions, Brazos Center, for a podium, five easels and a
refrigerator. On motion by Commissioner Thornton, seconded by
Commissioner Jones, the, Court voted unanimously to approve
payment of requisitions from Minor Acquisitions, Brazos Center
in the total amount of $1,174.40.
Purchase Order:
B/CS Eagle Personnel $2,000
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered approval of the Final Plat of
Whitetail Run Subdivision, Lots 1-17, Block One, in Precinct
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3. Richard Vance, County Engineer, stated that he had
reviewed the plat and all appeared to be in order. On motion
by Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to approve the final plat of Whitetail
The Court proceeded to consider the following blanket
Run Subdivision, Lots 1-17, Block One as submitted
The Court next considered approval of the minutes of the
Commissioners, Court meetings held in March,2001 on the
following dates: 6, 20, two Workshops held on March 27 and a
joint meeting with the Cities of Bryan and College Station on
March 23rd. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the minutes as submitted.
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Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) There will be a Workshop at 10:30 a.m. to
discuss IT issues.
b) Budget Workshops will be held in room
108.
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Commissioners' Court meeting June 19, 2001 6
c) A redistricting public hearing will be
held at the Brazos Center this evening in
Assembly Room II.
d) The retention pond at the jail facility
needs to looked into.
e) He visited with the City of Bryan in
reference to accommodating the Precinct
3, Justice of the Peace office at Coulter
Field. The city owns property on Wallis
Road and they can accommodate a building
at the site.
Under citizen input and/or concerns, Emergency Management
will be conducting a full week of exercises with state
officials at TEEX on animal disasters.
At 10:04 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss acquisition of real property as
allowed under Section 551.072 of the Texas Government Code.
At 10:16 a.m. the County Judge announced the meeting open
to the public and that no action would be taken on the
executive session.
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 June 19, 2001 have been examined and are approved in open
Court this the -,(F104 day of 20a, in
Bryan, Brazos County, Texas.
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Alv'n W. Jone
County Judge
Wm. S. Thornton
Commissioner, Precinct 2
arey C ley, Jr.
Commiss oner, Pre in t 4
T n Jon s
Commiss o er, Precinct 1
Randy ms
Comm' sioner, Precinct 3
l
aren McQueen
County Clerk
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON JL~- 11 200 I AT fco W
NAME ORGANIZATION/DEPARTMENT
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I MEETING ON _ 9 200 L AT q.- ov W
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.1
6/19/01
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I ITo reclassify budget to allow the purchase of a Date,Time and Numbering machine and a Spiral
Binding machine. -1
600.00 600.00
~Prepired By: rrik~rApprnFvc~3}r:
~llate: 6/3/0 ~llutc _
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.2
6/19/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
140001
721550
Dr.
Computer Consulting
2,415.00
01
110015
611300
Cr.
Contingency
2,415.00
is
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Information & Technology Department
Contingency
To increase the department budget to allow for training with Pentamation.
415.00 2,415.001
iepared ~ riikw LPp
e B~t
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.3
6/19/01
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 365001 672860 Dr. Equipment 400.00
01 365001 650500 Cr. Building Maintenance 400.00
Brazos Center Administration
To reclassify budget to allow the purchase of 4w new refrigerator.
400.00 400.00
EPrcparcd Br: nil:~~ Appro~cd Bd:
FF ate. 6/14/01 ate: , • r~„-~3,-=~
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.4
6/19/01
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FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
140001
610300
Dr.
Computer Supplies
1,500.00
01
140001
610700
Dr.
Copier/Printer Supplies
2,000.00
01
140001
606000
Dr.
Office Supplies
300.00
01
140001
616200
Dr.
Subscriptions & Pub.
250.00
01
140001
617300
Dr.
Telephone
200.00
01
110015
611300
Cr.
Contingency
4,250.00
Information & Techno
logy Division
To increase the department budget per the attached request.
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4,250.00
4,250.00
~ pared I y'•:"'~ ~mk
ate: 6/14/0 ate
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.5
6/19/01
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280020 655400 Dr. Printer Maintenance 35.00
01 130001 655400 Dr. Printer Maintenance 844.00
01 110015 611300 Cr. Contingency 879.00
Sheriff - Jail Administration
Tax Office
Contingency
To reclassify funds setup in contingency for the unanticipated printer and computer
repairs and replacements for the FYE 9/30/01.
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879.00 879.00
I'rc rired~I3~ nikiij Airoved By:
# I F P!
I bate: _ 6/1410i~ Datc: ~
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-32.6
6/19/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
45
630005
802860
365001
Dr.
Equipment - Other
1,283.00
45
630005
802120
110001
Cr
17in. Software
1,283.00
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Capital Improvements Fund
Brazos Center
To reallocate budget to allow the purchase of a 16' flat bed trailer approved 6/12/01 by the
Commissioners Court for the Brazos Center to replace one that was stolen.
1,283.00 1,283700
repared Byukw Approved By:
ate:' t 6/ 4/0 ate:
8115
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PERSONNEL CHANGE OF STATUS
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COURT DATE:
June 19, 2001
DEPARTMENT:
Personnel
PURPOSE:
Approve Personnel Change of Status
i *##*#*#*#4!###4*44#**#4*44#**!4*4**4**#*44*##*!##!4*#4#!!44##4!4##4**!4**#!*#!#4**!!
g DEPARTMENT NAME
EMPLOYEE NAME
ACTION REQUESTED
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BUILDING MAINT.
RAMIREZ, EDDIE
RESIGNATION
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COUNTY ATTORNEY
GALLEGO,CANDY
TRANSFER
MARTIN, PAUL JR
RECALL TO ACTIVE MILITARY DUTY
RATEKIN, MATTHEW B
TRANSFER WITHIN DEPT
NEAFUS, TIFFANY
TRANSFER FROM HOT CHECK FUND
DISTRICT ATTORNEY
ETTER, KAREN K
TRANSFER TO FULL TIME
JUVENILE SERVICES
JACKSON, TYRONE
NEW HIRE - TEMPORARY
ABENDANO, VICTOR
NEW HIRE-TEMPORARY
GARNER, BRIAN
NEW HIRE - TEMPORARY
PURCHASING
WETTEMANN, KAY
RESIGNATION
RUSSELL, LINDA
PROMOTION
MANN, MARCIA
TRANSFER FROM RISK MGMT
ROAD & BRIDGE
TOLIVER, ALFRED
DISCHARGE
SHERIFF OFF -JAIL DIVISION SPEIKES, JO CAROL
NEW HIRE
DAIRY, BEVERLY K
NEW HIRE
Approved in Commissioners' Court: June 19. 200011
County Judge's or Commissioner's Signature: -~C.... 2IL "Adw
(This copy to be attached to minutes) 01
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Brazos County
Proposed Insurance Premiums for 711/01-02
(Does not reflect limits, deductibles, or coverage temps, such details will
be rovided se stet later followtn Gra 8 Co's review of the proposals
Expiring
TPEG
Coregis
TAC
United National &
(Hallmark)
(Richmont
Others
Insurance
(Gallagher)
Mans ers
'Package'
Law, GL and
Agent faded to
Building, BBM,
United National
requirements
PO are a
answer question
Inland Marine,
quote is a
package
VP and AR are a
package, all other
'package'. All
coverages can be
other coverages
purchased
can be
separately
purchased
se aratel .
Auto
57,119
50,786
126,417
58,048
See'Multi-line
Aggregate' below
General Usbility
100,471
117,388
94,249
56,899
See 'Multi-line
Aggregate' below
Property, Boiler 6
41,030
36,579
53,373
79,770
6,802 (B8M only)
Machinery
(assumes
purchase of
$56,711 to •enew
Inland Marine
Chubb's'sand-
below)
a'che' property
policy
Law Enforcement
Ind. In GL
Ind. In GL
70,902
140,956
See 'MuIU-line
Aggregate' below
Public Officials
55,649
51,698
65.512
95,739
See 'Multi-fine
Aggregate' below
Gallaghees
• Up to
'Multl4lne
=150,000 in
Aggregate
deductibles
Deductible
. $208,098
pr'opow
QGL, Auto,
PO, EBL,
Law, primary
Property, and
tax/fee
(maintenance
deductibles at
$500noss are
additional)
• 23,000 for
Excess
Property
• 15.514 for
Excess PO
• $8.192 claim
administration
fee
Total
254,269
258,451
412,453
407753
261,606 to
w~
4311 y12.
411,606
(depending on
losses within
deductibles
Inland Manne
(Currently not In
3,412
5297?
60,253???
force)
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Workers
155,785
$123,877
Indication Only (not
Compensation
(assumes
a proposal):
purchase of all
$51,975, plus the
lines with TAC,
first $75.000 of
otherwise the
each WC claim to
premium Is
a maximum of
$155,785 with no
$65,000 In losses.
supporting TAC
Total maximum
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coverages)
cost of $116
No loss con
assistance
n(luded
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AUTOMOBILE LIABILITY & PHYSICAL DAMAGE PROPOSALS
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EXPIRING POLICY I KEY DIFFERENCES BETWEEN THE EXPIRING POLICY AND THE PROPOSED POLICIES
(numbered items can be cross-referenced against the expirina coveraael
Hartford
Rated: A+N 5
Serviced by: Ins. Network
$57,119 Premium
(based on .42 experience modifier
credit)
Deductibles
1. $2,500 Specified Perils (including
Texas Public Entity Group
(100% Reinsured by St. Paul)
Rated: A+115 (St. Paul)
Coregis
Rated: Al9
Serviced by: Rictimont Ins. Mgrs.
TAC
Rated: Not eligible to be rated
Serviced by: TAC
$ 50,786 Premium (711/01 modifier I $ 128,417 Premium (711101 modifier I $58,048 Premium (711101 modifier
will not Impact premium) will not Impact premium) will not Impact premium)
Enhancements
10. $35,000 Garagekeepers Legal
Liability @310 East 26u' Street
(collision and comprehensive)
• Premium not subject to audit
Hired cars) 525 for Vandalism on
Private Passenger Vehicles Shortcomings Shortcominas
2. Collision (including Hired Cars) @ 4. $500 collision/$500 11. No Supplemental Death
$2,500 comprehensive deductible on coverage
3. Bodily Injury/Property Damage garagekeepers
Liability Qa No deductible
4. Garagekeepers ® $100 under
Comprehensive for theft, mischief
or vandalism, $500 Collision
Coverage
5. $1M CSL Liability Limit (Symbol
01 • Any Auto), including hired or
borrowed auto liability based on
an 'if any basis' and non-
ownership liability based on 195
employees and volunteers driving
personal vehicles for Brazos
County business
6. Collision (Symbol 7 Described
Option
5. $3,294 additional premium to
increase Liability Limit $2,000,000
5. $6,917 premium CREDIT to
reduce the Liability Limit J
$10013001100 with $1,000,000 limit
out of Texas
1. & 2. $2,717 additional premium
to Increase Deductibles to $500
Collision/$500 Comprehensive
1. & 2.$1,463 additional premium
to Increase Deductibles to $1,000
Collision/$500 Comprehensive
Enhancements
9. $1M Uninsured/Underinsured
Motorists limits
tt. l
Z Uor rw. ta h(,.
Enhancements
• Premium not subject to audit
Comprehensive physical, damage
coverage
1. & 2. $1,000 deductible on
physical damage
Shortcomings
5. $1001$3001$100 liability limits
apply in Texas
15. no cargo pollution liability
coverage
13. no liability coverage to protect
employees and officials suing
personal autos on county
business.
21. no waiver of the mechanical
breakdown exclusion for
breakdown of alrbag controls
25. no hired car physical damage
26. no waiver of the "fellow
employee' exclusion
United National
Rated: A+19
Serviced by: Gallagher (Dallas)
Premium is part of multi-lines
aggregate policy with a cost that
ranges from $262,00 to $412,000,
depending on losses.
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Enhancements
S. 10,000 PIP.
9. $1M Uninsured Motorists
Shortcomings
11. No Supplemental Death benefit
15. No cargo pollution liability
3. $25,000 liability deductible
1.8 2. $10,000 physical damage
deductible
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Vehicles)
7. Comprehensive (Symbol 7
Described Vehicles)
8. Personal Injury Protection
($5,000)
9. Uninsured/Underinsured
Motorists (20/40115)
10. $25,000 Garagekeepers Legal
Liability @ 310 East 26th Street
(collision and comprehensive)
11. Supplemental Death $10.080
12• Non-Owned Automobile Liability
13. Employees as Insureds
endorsement (Form TE 9933 or
its equivalent)
14. Mexico Coverage • Limited
15. Pollution Liability • Broadened
Coverage(TE 9948-A).
16. Care, Custody 6 Control
Exclusions NIA to property
damage of Brazos County
passengers • Not Ind.
17. Rental Reimbursement
$50/day, up to $1,000 maximum
18. Worldwide Coverage Territory For
Liability Insurance
19. World-wide territory for short-term
Hired Car Physical Damage
coverage
20. Waiver of Physical Damage
deductible for repaired glass
damage
21. Waiver of Mechanical Breakdown
exclusion for the accidental
discharge of an Airbag
22. Waiver of Physical Damage
exclusion for permanently
installed sound receiving or
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reproducing equipment
23. Physical Damage coverage for
the "Extra Expense" of returning a
stolen vehicle
24. Enhanced Supplementary
Payments ($1,000 Bail Bonds &
$250/day for expenses)
25. Pnysical Damage coverage
Includes Hired Cars ($35,000
max., excess basis, including
Loss of Use up to $500/accident)
28. Waiver of the Fellow Employee
Exclusion
27. Professional Services Not
Covered (Form TE 2018 or its
equivalent)
28. Government Units (Form TE
9980B or its equivalent)
29. Garage Keepers Legal Liability
30. Uniform Commercial Motor
Vehicle BI/PD Liability
3
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BOILER & MACHINERY BREAKDOWN PROPOSALS
EXPIRING POLICY KEY DIFFERENCES BETWEEN THE EXPIRING POLICY AND THE PROPOSED POLICIES
numbered items can be cross-referenced against the expiring coverage)
Travelers Texas Public Entity Group Coregis TAC Travelers
Rated: A+115 (100% Reinsured by SL Paul) Rated: A19 Rated: Not eligible to be rated Rated: A+115
Serviced by: Gallagher Rated: A+115 (St. Paul) Serviced by: Richmont Ins. Mgrs. Serviced by: TAC Serviced by: Gallagher (Dallas)
Serviced by-
Premium
Included In the Property
$ 3,412 Premium
premium
Enhancements
Deductibles
1. Damage to Covered Property
$1,000
Shortcomings
2. Business Income, Extra Expense
3.$42M limit
$1,000
5. $250,000 hazardous substances,
Business Income, Extra Expense,
Coverage
Spoilage, Demolition & ICC,
3. $50M limit for comprehensive
equipment breakdown and
physical damage
4. Includes all County property
5. Water Damage, Spoilage, Oft-
Premises Utility interruption,
Business Income, Expediting
Expenses, Automatic Newly
Acquired locations (365 days),
Unintentional E&0, Ammonia
Contamination and Extra
Expense are included in the
policy limit
6. $2M Hazardous Substances
7. $500,000 Medialdata restoration
8. $1M demolition and ICC
.
Premium Included in Property
Enhancements
Premium Included in Property
Enhancements
$ 6,802 Premium
Enhancements
Shortcomings
o$
Shortcomings
5. $1 M Business Income and Extra
Expense
5. $100,000 Expediting Expenses,
Hazardous substances
5. No coverage of Off-Premises
Utility Interruption
Shortcomin
5. $100,000 Business income,
water damage and spoilage
5. $500,000 Extra Expense
8. no demolition and ICC coverage
• 90 days newly acquired
locations
• no unintentional E&O
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GENERAL LIABILITY PROPOSALS
I I EXPIRING POLICY KEY DIFFERENCES BETWEEN THE EXPIRING POLICY AND THE PROPOSED POLICIES
(numbered items can be cross-referenced against the exnirlno coverage t
Hartford
Rated: A+115
t Serviced by:
$100,471 Premium
Deductibles
• t
r
t
i. $1,000 (Bodily Injury and Property
Damage combined - per
occurrenceloffense)
2. $10,000 per occurrence/offense
for Law Enforcement BI. PD, PI
claims
3. No deductible for other PI, Al or
Employee Benefits liability
Coverage
4. $2,000,000 General Aggregate
Limit (does not apply to Medical
Payments, Products/Completed
Operations, Fire/Lightning/
Explosion Legal Liability)
5. $1,000,000 Products and
Completed Operations Aggregate
Limit
6. $1,000,000 Bodily Injury, and
Property Damage - Each
Occurrence Limit
7. $1,000,000 Personal Injury,
Employee Benefits Injury and
Advertising Injury Limits
Texas Public Entity Group
(100% Reinsured by SL Paul)
Rated: A+115 (St. Paul)
$117,388 Premium
Enhancements
5. $2,000,000 Products and
Completed Operations
Aggregate Limit
9. $1,000,000 Fire, Lightning or
Explosion Legal Liability Limit
Shortcomings
32. Property of an Inmate is not
covered when damaged by the
County's negligence
10. Agreed to provide $5,000
Medical Payments at no cost
(negotiated change )
3. $1,000 deductible for Al, PI and
EBL
Option
4. $3,754 additional premium to
Increase GL limits to $2M1$2M
8. $4,808 to Increase Law /n
Enforcement to $2M1$2M ✓ R
Coregis
Rated: A19
Serviced by: Richmont Ins. Mgrs.
$ 165,150 Premium (Includes
$70,902 for Law Endorsement)
Enhancements
Shortcomings
1041,000 Medical payments limit
9. $100,000 fire Legal Liability
coverage
25. no professional liability
coverage for County nurses)
33. No non-owned aircraft liability
coverage
3. $1,000 deductible for Advertising
Injury, Personal Injury and
Employee Benefits Liability
coverage
TAC
Rated: Not eligible to be rated
Serviced by: TAC
$191,855 Premium (includes
$140,956 for Law Enforcement)
Enhancements
4. No General Aggregate limit
8. Law enforcements limits of $2M
per occurrence
Shortcomings
4. $1001$3001$100 liability limits
10. $1,000 Medical payments
12. No Sudden & Accidental
pollution liability coverage
26. Employees not covered for
Injury to other employees while on
the job
33. No non-owned aircraft liability
coverage
13. Law enforcement coverage
written on a "claims-made"
coverage form
3. $1,000 deductible for
Advertising Injury, Personal Injury
and Employee Benefits Liability
coverage
• Law Enforcement punitive
damages limited to $1M
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United National
Rated: A+19
Serviced by: Gallagher (Dallas)
Premium Is part of multi-lines
aggregate policy with a cost that
ranges from $262,00 to $412,000,
depending on losses.
ao
Enhancements
2. no GI General Aggregate
deductible
B, no law enforcement aggregate limit
Shortcomings
12. No Sudden & Accidental pollution
liabili coverage
25. no professional liability
coverage for County nurses)
33. No non-owned aircraft liability
coverage
34. 1., 2.8 3. $25,000 deductible
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8. Law Enforcement Liability (BI,
PD. PI) @ $1.000.000 per
occurrence; $2,000,000 annual
aggregate
9. Fire, Lightning or Explosion Legal
Liability Limit @ 000
10. Medical Payments Limit (claims to
be submitted within 3 years from
the injury date) @ ),000 per
occurrence, $100,000 aggregate
11. Medical Payments coverage for
prisoners, athletes, employees,
persons who must be covered by
law under WC, and contract labor
workers - NI
12. Sudden and al Pollution
(does not apply to pollution of
land or water. claim must be
reported within 30 days. poll.
event must not last more than 72
hours. not applicable to
tanks)
underground fuel 13
Occurrence fo
.
rm
14. Employment t - NI
15. "Personal Injury" des false
arrest, wrongful detention.
eviction imprisonmenL from, entry
into or invasion of the right of
private occupancy and malicious
prosecution, libel. der,
materials publication of that
violates a person's privacy.
16. Sexual Abuse or Molestation -
Not specially addressed as
respects defending a person who
is determined to be innocent or as
in regard to Brazos County or a
person who is accused of the
failure to supervise, properly
monitor employees, etc.
17. Asbestos - NI
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IS. Trampolines - NI
19. Lawyers/Architects Professional
Liability - NI
20. Eminent Domain - NI
21. 'Insureds' includes Brazos
County, boards, commissions,
employees, electedlappointed
officials, volunteers, emergency
medical technicians, p3ramedics,
licensed nurses .
22. 'Separation of Insureds' Provision
23. Definition of Bodily Injury
specifically includes mental
anguish or mental distress
24. Athletic Injury (football,
gymnastics, hockey, wrestling) -
NI.
25. Professional Liability Coverage
for County nurses (no coverage
for services rendered by doctors,
dentists or psychiatrists)
26. Employees covered for BI of PD
to co-employees or volunteers
while on the job
27. Broadened "Use of Reasonable
Force" exception (applies to
property damage resulting from
use of reasonable force to protect
persons or property) - NI.
28. Definition of `Suit' includes
alternative dispute resolution,
arbitration, civil proceedings and
pretrial medication
29. Watercraft liability applies to
owned and non-owned watercraft
up less than 51' in length.
30. World-wide coverage territory for
suits brought in the U.S. or
Canada
31. Use of ATVs - NI
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32. Property of an inmate is covered
up to $7,500 when damaged by
the County's negligence
33. Non-owned aircraft liability
coverage (applies when there is
no other insurance for aircraft that
is hired, chartered or loaned with
a paid crew).
34. 120 days automatic coverage for
new operations if requested in
writing within 120 days.
35. Duty to report occurrence or
offenses promptly does not apply
unless the occurrence or offense
was known by an
elected/appointed official,
insurance manager.
36. Property damage resulting from
the application of lead paint - NI
37. Liability arising out of the
purchase, sale, marketing,
issuance of retirement of bonds or
other debt instruments- NI
38. Injury to volunteer firefighters - NI
39. Electronic date recognition .
problems associated with street,
road, bridge hazards. - NI
40. Bad bonds ® $1,000; loss of
earnings @ $2501day
41. Y2K Problems - NI
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PROPERTY INSURANCE PROPOSALS
1-I
I- I EXPIRING POLICY KEY DIFFERENCES BETWEEN THE EXPIRING POLICY AND THE PROPOSED POLICIES
(numbered items can be cross-referenced against the expiring coverage)
Hartford
Rated: A+l15
Serviced by:
$ 41,030 Premium
Deductible
1. Property Damage (incl.
Windstorm) @ $ 2,500
2. Business Interruption & Extra
Expense @ 48 hour
3. Flood @ $25,000 (no coverage in
Zone A)
4. Earthquake @ $25,000
Coverage
5. Building & Contents Limit (Blanket
Basis; Replacement Cost,
Agreed Values) @ $48,037,445
(including Electronic Data
Processing Equipment & Media
Limit (breakdown, interruption of
power, power surge)
6. Autos while parked on or adjacent
to insured location @ $800,000
7. Business Interruption (w/o
ordinary payroll) and Extra
Expense @ $2,500,000
8. Outdoors Trees, Shrubs, Plants,
Lawns • Not covered
9. Pollutant Clean-up (transit,
Insured property, soil, water)
Texas Public Entity Group
(100% Reinsured by St. Paul)
Rated: A+115 (St. Paul)
Serviced bv: Insurance Networl
$36,579 Premium (based on
$42,604,055 in bulldinglcontent
values)
Enhancements
• $500 Lock Replacement
coverage
• $50,000 Automatic Fire
Suppression Recharge
Shortcomings
6. No coverage for autos while
parked on or adjacent to Insured
location
7. $100,000 Business Interruption
(w/o ordinary payroll) and Extra
Expense
9.$10,000 Pollutant Clean-up
(transit, insured property, soil,
water)
13. No Builder's Risk coverage
15. Ordinance Deficiency @
undamaged portion @ building
limit: Demolition cost limit
$100,000; Increased cost of
construction $100,600
22. $500,000 Newly-Acquired
Property Limit (Contents)
23. $1,000,000 Newly-Acquired
Coregls
Rated: Al9
Serviced by: Richmont Ins. Mgrs.
$53,373 Premium (based on
$49,808,948 In buildinglcontents
values)
Enhancements
• $25,000 limit for outdoor trees
and shrubs
17. 100,000 Inland
Marine/Contractor's Equipment
Shortcomings
6.No physical damage coverage for
autos while at County premise
7.$250,000 Business Income and
Extra Expense
13.$1M Builder's Risk
15. $1M Ordinance Deficiency
16. $1M Flood coverage (outside
of Zone A)
22. & 23. $1M Newly acquired
property
24. $100,000 Valuable Papers
25. $100,000 Accounts Receivables
31. No inventory expense coverage
1. 2% deductible on wind and hail
losses
Options
TAC
Rated: Not eligible to be rated
Serviced by: TAC
$79,770 Premium (based on
$42,604,055 In building/content
values)
Enhancements
9. Pollutant clean-up has $100,000
aggregate
Shortcomings
13. $500,000 Builders Risk limit
S. Scheduled limits Instead of
blanket limits
• EDP Breakdown coverage was
not quoted (but is available
upon receipt of an EDP
Inventory)
6. No physical damage coverage
for autos while at County premises
7. $100,000 business Income and
Extra Expense
Chubb
Rated: A+115
Serviced by: Gallagher (Dallas)
$56,771 Premium (based on
$42,604,055 In building/content
values)
Enhancements
7. $2.75M Business Income & Extra
Expense
6. $1.1 M limits for County autos on
premises
Shortcomings
1. $25,000 deductible on Autos
Options
Alternatively, coverage could be
written as part of United National's
multi-line aggregate deductible
proposal
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$25,000 per occurrence at covered
locations or while in transit, $50,000 ZI
aggregate.
10. Business Income, Extra Expense
'Period of Indemnity" @ From
date of loss until date premises
should have been repaired or
replaced with reasonable speed
11. Extra Expense resulting from loss
to EDP equipment @ Blanket
limits
12. Windstorm @ Blanket limits
13. Builder's Risk (limited to
construction sites) @ $2,500,000
14. Library Books owned by the
County while at an insured
location or while in storage at an
oifsite location.
15. Ordinance Deficiency -
$2,500,000
16. Flood (no coverage in Zone A)
$ 10,000,000
18. Contractor's Equipment/inland
Marine - Not covered
19. Earthquake/Volcanic Eruption @
$ 10,000,000
20. Consequential loss - Service
Interruption @ $50,000
21. Loss Payees • Advanta leasing
22. Additional Insureds - Advanta
Leasing
23. Newly Acquired Property Limit
(Contents) - $2,500,000lbuilding
(60 days)'
24. Newly Acquired Property Limit
(Buildings) $3,500,000 /building
(60 days)'
25. Valuable Papers Limit - $500,000
26. Accounts Receivable Limit -
ZC $100,000 Valuable Papers Limit
Iii. $100,000 Accounts Receivable
Limit
27. $50,000 Utility Service
Interruption Limit
30. $50,000 Property In Transit
Limit
36. No Unintentional E&O
coverage
34. Replacement cost included on
property built or updated in last 30
years. On all buildings over 30
years must have renovation
information, otherwise ACV.
• Agreed Amount quoted but
must have verification In 30
days of binding
3.& 4. Flood and Earthquake
deductible 5% of total values,
$25,000 minimum deductible
Options
• $2,926 additional premium for
Inland Marine (includes y
computers)
7. $2,375 additional premium to 1
Increase Business
Interruption/Extra Expense Limit to
$2,500,000
24. $480 additional premium to
Increase Valuable Papers Limit to
$500,000
36. $480 additional premium to
Increase Accounts Receivables x
umit to $500,000
• $500 additional premium to
cover Contractor's Equipment
listed in the RFP @ $5,000
deductible.
Comments
Underwriter strongly suggests an
appraisal of buildings to determine
replacement values
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$500,000
27. Foundations - Not covered
28. Utility Service Interruption
$25,000
29, Contingent Business Premises Q
$25,000
30. Unnamed Locations - $50,000
31. Property In Transit - Blanket limit
32. Inventory Expense Limit -
$10,000
33, All Risk Coverage (ind, flood,
earthquake, collapse) - Ind
34. Replacement Cost Coverage -
Ind.
35. Property Valuation -100%
38. Coinsurance Penalty - Waived
37. Unintentional E & 0 - Included in
blanket limit
38. Fire damage or glass breakage at
locations occupied, but not
owned, by the County - Not
covered
39. Electronic Data Recognition - Not
covered (ensuing loss covered)
40. Preservation of Property (30
days) - Ind.
41. Policy Territory - USA, Puerto
Rico, Canada
42. Glass Breakage for all risk
coverage - Incl. (except at
location rented by the County)
43. Debris Removal (180 days) - 20%
of damage, plus $250,000
($25,000 at unnamed locations or
in transit)
44. Vacant or Unoccupied Buildings
covered if heat and burglar
alarms or security guards are
maintained.
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45. Theft damage to non-owned
buildings
46. Blanket limit (no glass breakage
or fire)
47. Definition of "real property'
includes: t) permanently installed
fixtures, machinery and
equipment (i.e., well housings,
signs, fences; 2) personal
property owned to maintain or
service the building; 3) incomplete
additions and their components;
4) buildings - A "Ind." when
within 1000' of insured buildings
48. Personal property includes
property of others in the County's
care, custody or control - Ind.
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PUBLIC OFFICIALS E&O LIABILITY PROPOSALS
EXPIRING POLICY
KEY DIFFERENCES BETWEEN THE EXPIRING POLICY AND THE PROPOSED POLICIES
numbered Items can be cross-referenced against the expiring coverage)
Hartford
Texas Public Entity Pool
Coregis
TAC
United National
Rated: A+115
(100% Reinsured by St. Paul)
Rated, A/9
Rated: Not eligible to be rated
Rated: A+/9
Serviced by:
Rated: A+/15 (St. Paul)
Serviced by: Richmont Ins. Mgrs.
Serviced by: TAC
Serviced by: Gallagher (Dallas)
Serviced b : Insurance Network
$ 55,649 Premium
$ 51,698 Premium
$65,512 Premium
$ 95,739 Premium
Premium Is part of multi-line
Deductible
Enhancements
Enhancements
Enhancements
aggregate policy with a cost that
ranges from $262,00 to $412,000,
43. No exclusion for professional
15. Potential claims can be
depending on losses.
1. $2,500 each occurrence
services provided by engineers,
Shortcominas
reported and considered as a
architects, surveyors
"claim"
Coverage
2. $1 M limits per occurrence/
Shortcomings
Enhancements
2. $2M/$2M Each
Shortcomings
1. $5,000 deductible
aggregate
1. $10,000 deductible
13. No 60 day "free" ERP
1. $5,000 deductible
15. 'Reporting of Potential Claims'
Occurrence/Aggregate Limit -
Monetary Damages (including
Options
27. Punitive Damages limited to
provision
Employment Practices)
2. $2,612 premium CREDIT if limits
$1M
. Claims by County against a
Shortcomings
3. 'Pay on Behalf Basis
reduced to $1,000,000/$2,000,000
County Clerk limited to
4. Insurer has the right and duty to
$280,000
defend and to select counsel
• Claims by County against a
2. $1 M per occurrence
5. Damages & Defense Costs
District Clerk limited to
5. defense within limits
undertaken by the insurer do not
$335,000
1. $25,000 deductible
serve to reduce the Liability Limit
6. Defense costs are subject to the
Options
deductible
• $500 additional premium to
7. 1/1/86 Retroactive Date
purchase $25,000 limit
coverage for "back wages".
8. 'Claims-Made within the policy
• Increase limit for claims by
eriod or 60 days later" (or during
County against County Clerk to
the ERP if purchased)
$400,000 for $600.
9. Definition of an Insured includes:
• Increase limit for claims by
1) the entity, 2) elected or
County against County Clerk to
appointed officials, 3) an
$450,000 for $575.
employee, 4) a volunteer, 5)
• Add District Attorney coverage
licensed medical, nursing, dental
for $8,424
or paramedic personnel - all
27. add $1M unitive damages in
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or paramedic personnel - pll
addition to policy limits for $16,848
excet #
10. Insurer can settle without
County's consent
11. Damages Claimed By All Persons
Or Organizations Resulting From
A Series Of Related E&Os Are
Treated As One Claim
12. Coverage Applies Separately To
Each Insured (except liability limit)
13. Free 60-day ERP
14. Extended Reporting Period Is
Available Regardless of Whether
The Policy Is Canceled[Non-
Renewed By Brazos County or
The Insurer
15. Reporting of "PotentiaP Claims
Provision
16. Supplemental ERP For One Year
(for add!tional premium of up to
200% of one year premium)
17. Worldwide Territory (provided
claim is brought in the US)
18. Excess of Other Insurance
f
19. "E&O Injury' means failure to
render services within the
County's operations, bid.
discrimination., violation of cM
rights, false/improper service of
persons
20. Coverage extends to any non-
profit entities controlled by Brazos
County
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Exclusions
21. Bodily Injury, sickness, disease,
death, property damage, personal
Injury, advertising injury,
employee benefits injury
22. Unfair competition or violation of
anti-trust laws
23. Sanctions, Fines or Penalties
24. Liability arising out of the
purchase, sale, marketing,
Issuance or retirement of bonds or
other debt instruments by Brazos
County
25. Criminal, Dishonest, Malicious,
Fraudulent or Knowingly Wrongful
Act or Omission
26. Prior Claims or Potential Claims
that should have been Disclosed
at Inception Date of Coverage
27. Punitive Damages - not excluded
28. Gaining Profit, remuneration or
Advantage to which an Insured
was not Entitled (as respects such
Insured)
29. Infringement of copyrights,
advertising slogans, patents,
trademarks, trade names
30. Any Demand or Proceeding
Seeking Relief in any Form Other
Than Money Damages
31. Brazos County's Insolvency - not
excluded
32. Serving as a fiduciary under
ERISA
33. Employment Practices - not
excluded
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34. Property Damage or the
disappearance of tangible
property
35. Inverse Condemnation, Adverse
Possession, Dedication by
Adverse Use or Eminent Domain
36. Management of a pension or
welfare plan
37. Fiduciary Activities
38. Asbestos
39. Pollution
40. Nuclear
41. Health Care Facilities
42. Violation of the Securities
Exchange Act
43. Professional services provided by
engineers, architects, surveyors
44. Failure to secure proper
insurance
45. Liabilities assumed under a
contract
46. Occurrences that took place prior
to 1/11/86
t
47. E&O injury expected or intended
from the insured's standpoint
48. E&O arising out of law
enforcement activities
49. Liability arising out of attorney
services outside of County duties
50. Failure to supply utility services
51. EEO arising out of the County's
obligation under Workers'
compensation, disability benefits
or unemployment compensation
52. Rendering or failure to render
professional medical, nursing,
dental or paramedical services
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ORDER
An Order rescinding a previous Order of the Brazos County Commissioners Court and
providing for the exemption from taxation of certain personal property described in Article XIM
Section 1 j, Texas Constitution beginning with the 2002 tax year;
WHEREAS, Brazos County, Texas finds that the exemption from taxation of certain
goods, wares, ores, merchandise and other tangible personal property that are forwarded out of
this state within 175 days of its acquisition or importation and detention in this state for
assembling, storing, manufacturing, processing or fabricating, is in the public interest.
NOW THERFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS:
Section 1: That the Order of the Brazos County Commissioners Court issued on December
4, 1989 taxing certain goods, wares, ores, merchandise and other tangible personal property that
are forwarded out of this state within 175 days of its acquisition or importation and detention in
this state for assembling, storing, manufacturing, processing or fabricating, is hereby rescinded.
Section 2: That all property described in the Texas Constitution, Article VIII, Section 1-j,
shall be fully exempt from taxation in Brazos County beginning January 1, 2002.
Section 3: All orders and parts of orders in conflict with this Order are hereby repealed to the
extent of the conflict.
Section 4: This Order shall have an effective date of January 1, 2002.
PASSED AND APPROVED this It) day of J u"r. .2001.
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TAX CODE
•
TMX 1. PROPERTY TAX CODE
SURTPII.E C. TAXABLE PROPERTY AND EXE MMONS
CHAPTER I1. TAXABLE PROPERTY AND EXEMMONS fx~
SUBCHAPTER B. EXEMMONS per" _
I.I.M. Tangible Personal Property Exempt
(a) In this section, "freeport goods" mcafts property that under Article VIII, Section I -j, of the Texas
Constitution is not taxable.
(b) A person is entitled to an exemption from taxation of the appraised value of that portion of the
person's inventory or property consisting of freeport goods.
(e) The exemption provided by Subsection (b) is subtracted from the market value of the inventory or
property determined under Section 23.12 to determine the taxable value of the inventory or property.
(d) Except as provided by Subsections (f) and (g). the chief appraiser shall determine the appraised value
of freeport goods under this subsection. The chief apptaisa shall determine the percentage of the ruarket
value of inventory or property owned by the property owner in the preceding calendar year that was
eont*uted by frceport goods. The chief appraiser shall apply that percentage to the market value of the
property ounces inventory or property for the current year to determine the appraised value of Freeport
goods for the current year.
(e) In determining the market value of frecport goods that in the preceding year were assembled,
manufactured, repairad, maintained, processed, or fabricated in this state or used by the person who
acquired or imported the property fn the repair or maintcnarice of aircraft opcruted by a certificated air
carrier, the chief appraiser shall exclude die cost of equipment, machinery, or materials that entered into
and became component parts of the frccport goods but were not themselves frccport goods or that were
not transported outside the state before the expiration of 17S days after they were brought into this state
by the property owner or acquired by the property owner in this state. For component parts held its bu%
the chief appraiser ras! use the average length of time a component part was held in this state by the
property owner during the preceding year in determining whether the component parts were transported
out of this state before the expiration of 175 days.
(f) If the property owner was not engaged in transporting fiecport goods out of dais state for the entire
preceding year, the chief appraiser shall calculate the percentage of cost described in Subsection (d) for
the portion of the year in which the property owner was engaged in transporting freaoport goods out of this
state.
(g) If the property owner or the chief appraiser demonstrates that the method provided by Subsection (d)
significantly understates or oversta= the market value of the property qualified for an exemption under
Subsection (b) in die current year, the chief appraiser shall dctcnnine the market value of the frecport
goods to be exempt by determining, according to the property owner's records and any other available
information, the rrtarkct value of thou frecport goods owned by the property owner on January I of the
current year. excluding the cost of equipment, machinery, or materials that entered into and became
component parts of the freeport goods but were not thuusclvcs frceport goods or that were not
transported outside the state before the expiration of 175 days after they were brought into this state by
the property owner or acquired by the property owner in this state.
(h) Ibc chief appraiser by written notice delivered to a property owner who claims an exemption under
this section may require the property owner to provide copies of inventory or property records in order to
dctumine the amount and value of freerrort goods. If the property owner fails to deliver the information
requested in the notice before the 31st day after the date the notice is delivered to the property owner, the
property owner forfeits the right to claim or receive the exemption for that year.
` The exemption provided by Subsection (b) does not apply to a taxing unit that takes action to tax the
property under Article VIU. Section 1-1, Subsection (b), of the Texas Constitution.
.i Iapftanv 64r-wt 87820MI26 06/07/01 0s r 46P x .010
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(j) Petroleum products as set forth in Article VIII, Section I -j. of the Texas Constitution shall mean liquid
and gaseous materials that are the immediate derivatives of the refining of oil or natural g&
(k) Property that meets the requircmeats of Article VIII. Sections 1j(axl) and (2), of the Texas
Constitution and that is transported outside of this state not later than 175 days atkt the date the person
who owns it on January 1 acquired it or imported it into this state is froeport goods regardless of whether
the pctyon who owns it on January I is the person who transports it outside of this state.
Added by Acts 1959, 71st Ug., eh. 534, § I. Amended by Acts 1991. 72nd Leg., ch. 504. § 1, eta June
13, I991.
Amended by Acts 1993, 73rd Leg., ch. 779, j 1, eff. Jan, 1, 1994.
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Dawleyiwnt S~rvlca~ fl7820sG126 09107/01 ealas/ P.012
The Toxas Constitution
: Article 8 - TAXATION AND REVENUE
Section "J - CERTAIN TANGIBLE PERSONAL PROPERTY EXEMPT FROM AD
•
VALOREM TAXATION
(a) To promote economic dcvclo
rne
t in th
St
t
d
p
a
n
e
e, goo
s, wares. merchandise, other tangible
personal property, and ores, other than oil, natural gas, and other petroleum products, are exempt
from ad valorem taxation if- (1) the property is acquired in or imported into this State to be
forwarded outside this Statc, whether or not the intention to forward the property outside this
State is formed or the destination to which the properly is forwarded is specified when the
property is acquired in or imported into thin State; (2) the property is detained in this State for
assembling, storing. trranufaeturing, processing, or fabricating purposes by the person who
acquired or imlq orted the property; and (3) the property is transported outside of this State not
later than 175 days after the date the person acquired or imported the property in this State. (b)
The governing body of a county. common, or independent school distriot, junior college district,
or =Zdaipality Oat, acting under provious constitutional authority, taxes property otherwise
exempt by Subsection (a) of this section may subsequently cxcmpt the properly from taxation by
rescinding its action to tax the property. The exemption applies to each tax year that begins alter
the date the action is taken and applies to the tax year in which the action is taken it the governing
body so provides. A governing body that rescinds its action to tax the property may not take
action to tax such property after the rescission. -TEMPORARY TRANSITION PROVISIONS
(e) For purposes of this section: (1) tangible personal property shall include aircraft and aircraft
parts; (2) property imported Into this State shall include property brought into this State; (3)
property foram-ded outside this State shall include property transported outside this State or to be
affixed to an aircraft to be transported outside this Statue and (4) property detained in this State
for assembling, storing, manufacturing. processing, or fabricating purposes shall k%clude
property. airenft. or aircraft parts brought into this State or acquired in this Stale and used by the
person who aequimd the property. aircmfk or aircraft parts in or who brought tho property.
aircraft, or airman pwU into this State for the propose of repair or maintenance of aircraft
operated by a oatif catod nit caner. (Added Nov 7.1989; Subsec. (b) amended Nov. 2, 1999.)
•
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0
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County Brazos
3
CSJ 0917-29-073
{
Project BR 97 (341)OX
Road/Street CR 147
NBI Structure No. 17-021-0AA0147-001, -002 & -003
Local Designation No. Long Trussel Road at the Navasota
`
River Relief No. 1. No. 2 and
t .
Navasota River
ts'
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
AMENDMENT NO. 1
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
l
<
THIS AMENDMENT IS MADE by and between the State of Texas, acting by and through the
_
Texas Department of Transportation, hereinafter called the State, and Brazos County, a local
government or governmental agency or entity, acting by and through its County Judge and
Commissioners Court, hereinafter called the Local Government.
This Amendment relates to waiver of the local match fund participation requirement with
performance by the Local Government of an equivalent dollar-amount of structural improvement
work.
WITNESSETH
WHEREAS, the State and the Local Government executed an agreement on March 18, 1997 to
effectuate the project to replace the bride on=CR 147 at the Navasota River Relief No 1 and a
second agreement on January 25, 2000 to effectuate the project to replace the bridges on CR 147
at the Navasota River Relief No. 2 and the Navasota River, local road designation Long Trussel
Road; and
WHEREAS, the previously executed agreement provides that the Local Government shall pay
the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10%
of the actual cost of construction, construction engineering and contingency, or other local match
fund participation percentages as adjusted for Economically Disadvantaged County (EDC)
consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100%
of the cost of any project cost item or portion of a cost item that is not eligible for Federal or
State participation; and
Page 1 of 6 Bridge Division
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WHEREAS, in consideration of such EDC status that may be applicable for this project, the
required local match fund participation for this project has been adjusted to n/a percent as
authorized by Texas Transportation Commission Minute Order number n/a, dated n/a; and
•
WHEREAS, if under the previously executed agreement the required local match fund
participation included payment by the Local Government of a portion of the State's indirect costs
for the project items that are eligible for State or Federal participation, such payment(s) for
indirect cost not already received by the State, may be waived under the provisions of Texas
Government Code Section 2106.08; and
WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the
Local Government's required 10% fund participation in a project, or required percentage as
adjusted for EDC consideration, may be waived provided the Local Governmental body commits
by written resolution to spend an equivalent amount of funds for structural improvement work on
another bridge structure or structures within the Local Government's jurisdiction provided,
however, that the State will not reimburse funds already received under the terms of a previously
executed agreement; and
WHEREAS, such a waiver request and resolution has been received and considered by the
State, including a finding by the State that the Local Government is in full compliance with load
posting and closure regulations as defined in National Bridge Inspection Standards under 23
CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver, and
WHEREAS, the previously approved project on which the Local Government's required fund
participation is being waived shall be hereinafter referred to as the "participation-waived project"
(PWP); provided, however, that the term "project" when used elsewhere in the agreement and
this amendment shall be construed as the "participation-waived project" unless the context
clearly indicates otherwise; and
WHEREAS, the "other" project or projects on which the Local Government proposes to
perform structural improvement work in a dollar amount equal to the Local Government fund
participation amount waived shall be hereinafter referred to as "equivalent-match projects"
(EMP); and
WHEREAS, if one or more advance funding payments have already been received by the State
from the Local Government in accordance with the previously executed agreement, including
payment for any of the State's indirect costs for the project items that are eligible for State or
Federal participation, and, while no portion of these payments can be reimbursed to the Local
Government, such payments should be credited against the dollar-amount of the equivalent-
match project (EMP) work required to be performed by the Local Government under this
agreement amendment.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the State and the Local Government do agree as follows. .
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WL'OL3 X99
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Bridge Division
9-2000-A.1 A
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AGREEMENT
> Article 1. Description of Amendment Items
Amendment Item A. - The second preamble paragraph under Agreement Article 4, Project
Funding, is revised to read as follows:
"However, the project being designated as a "participation-waived project", the Local
Government's otherwise required 10%n fund participation or required percentage as
adjusted for EDC consideration, and less any local match fund participation to be paid or
already paid to the State, is waived as further described in Article 16 herein. The Local
k; Government shall pay the State 100% of the cost of any project cost item or portion of a
cost item that is not eligible for Federal or State participation, and/or any changes in work
made at the request of the Local Government."
Amendment Item B. - In Agreement Article 4, the sub-articles relating to preliminary
engineering costs, payments, and estimate of project cost are each amended to read as follows:
" Preliminary Engineering Costs - The State will document its costs incurred for
preliminary engineering with completion of an estimate of total project cost preparatory to
letting to contract construction, and, if appropriate, shall notify the Local Government of its
share of these costs when submitting notice pursuant to Article 4(D) and/or 4(E).
Payments - If appropriate, forty-five calendar days prior to the State's scheduled date for
the contract letting of the participation-waived project, the Local Government agrees to pay
to the State an amount equal to the Local Government's agreed upon participation in the
project.
The Local Government shall promptly and faithfully provide payment of any funds
required of the Local Government. The State will not pay interest on the funds provided by
y the Local Government. Funds provided by the Local Government will be deposited into,
and retained in, the state treasury.
Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in
Exhibit A of this agreement amendment-which supersedes all previous estimates."
Amendment Item C. - The caption-title of Agreement Article 5, Project Administration and f
Accomplishment of Work, is amended to read as follows: M
t
"Article 5. Project Administration and Accomplishment of Work on the Participation-
Waived Project."
I
Page 3 of 6 Bridge Division
LD 300 9-2000-A.IA
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Amendment Item D. - Agreement Article 5F is added which reads as follows:
"Receive and keep on-file documentation of the work completed on the equivalent-match
projects as described in Article 17C herein."
Amendment Item E. - Article 16, Equivalent-Match Project(s), is added which reads as follows:
"Article 16. Equivalent-Match Project(s)
• In consideration of waiver of the Local Government's otherwise required 10% fund
participation on the participation-waived project or required percentage as adjusted for
EDC consideration, the Local Government shall perform an equal dollar-amount of
structural improvement work, less any local match fund participation on this project to be
paid or already paid to the State, on other deficient bridges or non-bridge classified
drainage structures within its jurisdiction, referred to as equivalent-match project(s), as
follows:"
Location (and structure
On School
Description of Structural
Estimated Cost
identification number, if
Bus Route?
Improvement Work
applicable)
White Switch Road at
Yes
Replace Existing Bridge
$91,400
Big Creek
With a New Structure
17-021-0AA0246-001
TOTAL
$91,400
Note: $7,362 of the cost of this equivalent-match project is to be credited to this participation-
waived project. The balance will be credited to participation-waived projects CSJ 0917-29-075,
CR 164 at Wickson Creek and Wickson Creek Relief and CSJ 0917-29-077, CR 165 at Wickson
Creek.
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Amendment Item F. - Article 17, Responsibilities of the Local Government on Equivalent-Match
Projects, is added which reads as follows:
"Article 17. Responsibilities of the Local Government on Equivalent-Match Projects
A. The Local Government shall be responsible for all engineering and construction, and
related costs thereto, and complying with all applicable state and federal environmental
regulations and permitting requirements for the bridge structures.
B. The structural improvement work on the equivalent-match projects shall be
performed within three calendar years after the contract award of the participation-
waived project.
C' Documentation of completion of the structural improvement work on the equivalent-
match project(s) shall be provided by the Local Government by letter to the State's
Page 4 of 6 Bridge Division
9-2000-A.IA
VUL a3 5oL
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applicable District Engineer, no later than 30 calendar days after work completion. This
documentation shall include copies of the final structural design plans used in constructing
or reconstructing bridges under the equivalent-match project(s).
D. Failure by the Local Government to adequately complete the equivalent-match
projects within the stated three-year period, shall result in the Local Government being
excluded from receiving such waivers for a minimum of five years."
Article 2.
All other provisions of the original agreement are unchanged and remain in full force and effect.
Article 3. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this
agreement on behalf of the organization they represent.
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Page 5 of 6 Bridge Division
9-2000-A.1 A
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IN WITNESS WHEREOF, THE PARTIES HERETO havi executed duplicate counterparts
to effectuate these agreements.
THE LOCAL GOVERNMENT: Brazos County
(Name)
By Date G -/Q--ej
(Signature) -
Alvin W. Jones. Brazos County Judge
Typed Name and Title of Signatory
Under authority of Minutes of Governing Body, Resolution or Ordinance - N/
Number M /A Dated N /A
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved by the Texas Transportation Commission.
By Iq t i&d'~ Date
Mary Lou lls, P.E., Director, Bridge Division
7-23-0(
For the purposes of this agreement, notices shall be deemed delivered when addressed and
mailed to the following:
•
40
The Local Government:
Honorable Alvin W. Jones
Brazos County Judge
300 East 26`~ Street, Suite 114
Bryan, TX 77803-5327
Texas Department of Transportation
District Office:
Mr. Lonny G. Traweek, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, TX 77803
Page 6 of 6
X03
Bridge Division
9-2000-A.IA
t
County Brazos
CSJ 0917-29-073
Project BR 97 (341)OX
4
Road/Street CR 147
~f NBI Structure No. 17-021-0AA0147-001. -002 & -003
Local Designation No. Lone Trussel Road at the Navasota
River Relief No. 1, No. 2 and
Navasota River
Date of Agreement Amendment
Execution By Local Government G - 19 - 2cut
EXHIBIT A TO AMENDMENT TO
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM - ESTIMATE OF DIRECT COSTS
(NOTE: This estimate supersedes any and all those that may have been provided previously.)
Local Government
Estimated Cost Participation
Preliminary Engineering (PE) 102,231
Ten (10) Percent or EDC Adjusted
Percent, Local Government Participation
in PE that is Waived 10,223
Construction 577,000
Engineering and Contingency (E&C) 63,470
The Sum of Construction and E&C $ 640,470
Ten (10) Percent or EDC Adjusted Percent,
Local Government Participation in the Sum
of Construction and E&C that is Waived 64,047
Amount of Advanced Funds to be Paid or
r'
Already Paid by Local Government, Including
Payment for any of the State's Indirect Costs,
to be Credited Against Local Participation
Waived Amount . 66,908)*
r
*$8,283 has been paid with an additional $58,625 to be paid
Dollar-amount of Equivalent-match Project Work
to be performed by Local Government (Minimum) 7,362
Total Participation-Waived Project Direct Cost 742,701
'r Bridge Division
9-2000-A.1 A
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BRAZOS COUNTY
BRYAN. TEXAS
•
The State of Texas • §
County of Brazos §
RESOLUTION
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete
(collectively referred to as deficient) bridges located on public roads and streets off the designated
state highway system; and
WHEREAS, Brazos County, hereinafter referred to as the Local Government, owns bridges located
and identified as shown on Page 4 of this Resolution; and
WHEREAS, projects to remedy these bridges are included in the currently approved program of
projects as authorized by Texas Transportation Commission Minute Order Number 108310 dated
September 28, 2000; and
• WHEREAS, the usual fund participation ratio for projects on such programs is 80 percent federal,
10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agreement by the Local Government to perform, or cause to be
performed, an equivalent dollar amount of structural improvement work on other deficient bridges
or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural
improvement work being referred to as an "equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal off-
system bridge projects is $162,616, hereinafter referred to as the "participation-waived" projects,
such participation requirement the Local Government proposes be waived and in return perform or
cause to be performed equivalent-match project structural improvement work.
05
' app
is
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed,
the following equivalent-match project(s) in return for waiver of the local match fund participation
requirement on the approved federal off-system bridge program (participation-waived) projects not
yet awarded:
LOCATION ON SCHOOL DESCRIPTION OF ESTIMATED
BUS ROUTE? STRUCTURAL COST
IMPROVEMENT WORK
CR 246 (White Switch Road) Yes
at Big Creek
17-021-OAA0246-001
Replace Existing Bridge $ 91,400
With a New Structure
Total Estimated Cost of Equivalent-Match Project $ 91,400
t Participation Received, Check Nos. 1022986, 6020222 & 6033050 12,591
Total Government Participation $103,991
Estimated Local Government Participation $162,616
Total Remaining Local Government Participation $ 58,625
1
BE IT FURTHER RESOLVED that in receiving this waiver, the Local Government acknowledges
its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that
include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal
Regulations, Title 23, Section 650.303.
t
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane corns-drainage structure, or upgrades the structure to its original load capacity with
a minimum upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying with
Y' all applicable state and federal environmental regulations and permitting requirements for the
structures being improved.
k. .
Page 2 of 4
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4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
the local match fund participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the participation-
waived project to complete the structural improvement work on the equivalent-match
• project(s).
6. Should this waiver request be approved, an appropriate written agreement or amendment to
a previously executed agreement will be executed between the State and the Local
Government.
PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on
this the 171 Day of April, 2001.
•
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PARTICIPATION-WAIVED PROJECTS
BRAZOS COUNTY
PROJECTS PARTICIPATION BY
BRAZOS COUNTY
Project: BR 97(343)OX $ 51,391
Control: 0917-29-075
CR 164: At Wickson Creek and Wickson Creek Relief
Road: Grassbur Road
NBI: 17-02 1 -OAAO 164-003 and -004
Project:
BR 97(635)OX
Control:
0917-29-077
CR 165:
At Wickson Creek
Road:
Elmo Weedon Road
NBI:
17-021-OAAO 165-002
Project:
BR 97(341)OX
Control:
0917-29-073
CR 147:
At the Navasota R. and Rel. Nos. 1 and 2
Road:
Long Trussel Road
NBI:
17-021-OAAO147-001, 002 and 003
. •
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Total Estimated Participation
$36,955
$ 74,270
...........................$162,616
The participation by Brazos County shown above is based upon the latest estimated construction cost
for these projects plus the preliminary engineering costs shown in the consultant work authorization
and the estimated cost of the State's oversight of this design. These amounts do not reflect the
money previously paid by Brazos County for its 10 percent participation in the cost of preliminary
engineering.
Page 4 of 4
an a.3 306
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484 ORIGIN/U
County
CSJ
Project
Road/Street
NBI Structure No.
Local Designation No.
Brazos
0917-29-075
BR 97 f343)OX
CR 164
17-02 1 -OAAO 164-003 & -004
Grassbur Road at Wickson
Creek and Wickson Creek Relief
CONSTRUCTION AND MAINTENANCE AGREEMENT
• FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
AMENDMENT NO. 1
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS AMENDMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State, and Brazos County, a local
government or governmental agency or entity, acting by and through its County Judge and
Commissioners Court, hereinafter called the Local Government.
This Amendment relates to waiver of the local match fund participation requirement with
performance by the Local Government of an equivalent dollar-amount of structural improvement
work.
WITNESSETH
i
WHEREAS, the State and the Local Government executed an agreement on March 18. 1997 to
effectuate the project to replace the bridge on CR 164 at Wickson Creek and a second agreement
• on December 17. 1998 to effectuate the project to replace the bridge on CR 164 at Wickson
Creek Relief, local road designation Grassbur Road; and
WHEREAS, the previously executed agreement provides that the Local Government shall pay
the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10%
of the actual cost of construction, construction engineering and contingency, or other local match
fund participation percentages as adjusted for Economically Disadvantaged County (EDC)
consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100%
of the cost of any project cost item or portion of a cost item that is not eligible for Federal or
State participation; and
WHEREAS, in consideration of such EDC status that may be applicable for this project, the
required loeal match fund participation for this project has been adjusted to n/a percent as
authorized by Texas Transportation Commission Minute Order number n/& dated n/a; and
Page 1 of 6 Bridge Division
9-2000-A. IA
QLw23 69
is
a dam
WHEREAS, if under the previously executed agreement the required local match fund
participation included payment by the Local Government of a portion of the State's indirect costs
for the project items that are eligible for State or Federal participation, such payment(s) for
indirect cost not already received by the State, may be waived under the provisions of Texas
Government Code Section 2106.08; and
WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the
Local Government's required 10% fund participation in a project, or required percentage as
adjusted for EDC consideration, may be waived provided the Local Governmental body commits
by written resolution to spend an equivalent amount of funds for structural improvement work on
another bridge structure or structures within the Local Government's jurisdiction provided,
however, that the State will not reimburse funds already received under the terms of a previously
executed agreement; and
WHEREAS, such a waiver request and resolution has been received and considered by the
State, including a finding by the State that the Local Government is in full compliance with load
posting and closure regulations as defined in National Bridge Inspection Standards under 23
CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver; and
WHEREAS, the previously approved project on which the Local Government's required fund
participation is being waived shall be hereinafter referred to as the "participation-waived project"
(PWP); provided, however, that the term "project" when used elsewhere in the agreement and
this amendment shall be construed as the "participation-waived project" unless the context
clearly indicates otherwise; and
WHEREAS, the "other" project or projects on which the Local Government proposes to
perform structural improvement work in a dollar amount equal to the Local Government fund
participation amount waived shall be hereinafter referred to as "equivalent-match projects"
(EMP); and
WHEREAS, if one or more advance funding payments have already been received by the State
from the Local Government in accordance with the previously executed agreement, including
payment for any of the State's indirect costs for the project items that are eligible for State or
Federal participation, and, while no portion of these payments can be reimbursed to the Local
Government, such payments should be credited, against the dollar-amount of the equivalent-
match project (ENP) work required to be performed by the Local Government under this
agreement amendment.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the State and the Local Government do agree as follows.
Viol a3 opma . .
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AGREEMENT
Article 1. Description of Amendment Items
Amendment Item A. - The second preamble paragraph under Agreement Article 4, Project
Funding, is revised to read as follows:
"However, the project being designated as a "participation-waived project", the Local
Government's otherwise required 10% fund participation or required percentage as
adjusted for EDC consideration, and less any local match fund participation to be paid or
already paid to the State, is waived as further described in Article 16 herein. The Local
Government shall pay the State 100% of the cost of any project cost item or portion of a
cost item that is not eligible for Federal or State participation, and/or any changes in work
made at the request of the Local Government."
Amendment Item B. - In Agreement Article 4, the sub-articles relating to preliminary
engineering costs, payments, and estimate of project cost are each amended to read as follows:
" Preliminary Engineering Costs - The State will document its costs incurred for
preliminary engineering with completion of an estimate of total project cost preparatory to
letting to contract construction, and, if appropriate, shall notify the Local Government of its
shareof these costs when submitting notice pursuant to Article 4(D) and/or 4(E).
Payments - If appropriate, forty-five calendar days prior to the State's scheduled date for
the contract letting of the participation-waived project, the Local Government agrees to pay
to the State an amount equal to the Local Government's agreed upon participation in the
project.
The Local Government shall promptly and faithfully provide payment of any funds
required of the Local Government. The State will not pay interest on the funds provided by
the Local Government. Funds provided by the Local Government will be deposited into,
and retained in, the state treasury.
is
Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in
Exhibit A of this agreement amendment which supersedes all previous estimates."
Amendment Item C. - The caption-title of Agreement Article 5, Project Administration and
Accomplishment of Work, is amended to read as follows:
"Article 5. Project Administration and Accomplishment of Work on the Participation-
Waived Project.,,
Page 3 of 6
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Amendment Item D. - Agreement Article 5F is added which reads as follows:
"Receive and keep on-file documentation of the work completed on the equivalent-match
projects as described in Article 17C herein."
Amendment Item E. - Article 16, Equivalent-Match Project(s), is added which reads as follows:
"Article 16. Equivalent-Match Project(s)
In consideration of waiver of the Local Government's otherwise required 10% fund
participation on the participation-waived project or required percentage as adjusted for
EDC consideration, the Local Government shall perform an equal dollar-amount of
structural improvement work, less any local match fund participation on this project to be
paid or already paid to the State, on other deficient bridges or non-bridge classified
drainage structures within its jurisdiction, referred to as equivalent-match project(s), as
follows:"
Location (and structure
identification number, if
applicable)
On School
Bus Route?
Description of Structural
Improvement Work
Estimated Cost
White Switch Road at
Yes
Replace Existing Bridge
$91,400
Big Creek
With a New Structure
17-021-0AA0246-001
TOTAL
$91,400
Note: $48,225 of the cost of this equivalent-match project is to be credited to this participation-
waived project. The balance will be credited to participation-waived projects CSJ 0917-29-077,
CR 165 at Wickson Creek and CSJ 0917-29-073, CR 147 at the Navasota River and Relief Nos.
1 and 2.
Amendment Item F. - Article 17, Responsibilities of the Local Government on Equivalent-Match
Projects, is added which reads as follows:
"Article 17. Responsibilities of the Local Government on Equivalent-Match Projects
s~
E:
t,
A. The Local Government shall be responsible for all engineering and construction, and
related costs thereto, and complying with all applicable state and federal environmental
regulations and permitting requirements for the bridge structures.
B. The structural improvement work on the equivalent-match projects shall be
performed within three calendar years after the contract award of the participation-waived
project.
C. Documentation of completion of the structural improvement work on the equivalent-
match project(s) shall be provided by the Local Government by letter to the State's
Page 4 of 6 Bridge Division
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c..s.`»r: wr ..:..Lx ~n .-+.•..•wc.........o ~w ow.aru J~+•..•~'..•enc.y.-_.a.+._YSIMfRRI'IIS1e~rl0e~nnaaeLr_=.~-r, -v--zIr.
1
applicable District Engineer, no later than 30 calendar days after work completion. This
documentation shall include copies of the final structural design plans used in constructing
I~ or reconstructing bridges under the equivalent-match project(s).
D. Failure by the Local Government to adequately complete the equivalent-match
projects within the stated three-year period, shall result in the Local Government being
excluded from receiving such waivers for a minimum of five years."
• Article 2.
All other provisions of the original agreement are unchanged and remain in full force and effect.
Article 3. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this
agreement on behalf of the organization they represent.
•
0
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IN WITNESS WHEREOF, THE PARTIES HERETO have executed duplicate counterparts
to effectuate these agreements.
THE LOCAL GOVERNMENT: Brazos County
(Name)
By Date G •l9~~/
(Signature)
Alvin W. Jones, Brazos County Judge
Typed Name and Title of Signatory
Under authority of Minutes of Governing Body, Resolution or Ordinance
R
Number 11 /A Dated 9 A /11)
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved by the Texas Transportation Commission.
'.Pk" idjta.
By o-u Date - 2 3 -D
Mary Lo"alls, P.E., Director, Bridge Division
For the purposes of this agreement, notices shall be deemed delivered when addressed and
mailed to the following:
The Local Government: Texas Department of Transportation
District Office:
Honorable Alvin W. Jones
Brazos County Judge
300 East 26`h Street, Suite 114
Bryan, TX 77803-5327
Mr. Lonny G. Traweek, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, TX 77803
Page 6 of 6
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County Brazos
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Preliminary Engineering (PE) 62,138
Ten (10) Percent orEDC Adjusted
Percent, Local Government Participation
CSJ 0917-29-075
Project BR 97 (343)OX
Road/Street CR 164
NBI Structure No. 17-021-OAA0164-003 & -004
Local Designation No. Grassbur Road
Date of Agreement Amendment
Execution By Local Government 6 - 19 - 2001
EXHIBIT A TO AMENDMENT TO
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM - ESTIMATE OF DIRECT COSTS
(NOTE: This estimate supersedes any and all those that may have been provided previously.)
Local Government
Estimated Cost Participation
in PE that is Waived 6,214
Construction 407,000
Engineering and Contingency (E&C) 44,770
The Sum of Construction and E&C 451,770
Ten (10) Percent or EDC Adjusted Percent,
Local Government Participation in the Sum
of Construction and E&C that is Waived 45,177
Amount of Advanced Funds to be Paid or
Already Paid by Local Government, Including
Payment for any of the State's Indirect Costs,
to be Credited Against Local Participation
Waived Amount ($3,166)
Dollar-amount of Equivalent-match Project Work
to be performed by Local Government (Minimum) 48,225
Total Participation-Waived Project Direct Cost 513,908
Bridge Division
9-2000-A.1 A
BRAZOS COUNTY.
BRYAN. TEXAS
The State of Texas §
County of Brazos §
RESOLUTION
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete
(collectively referred to as deficient) bridges located on public roads and streets off the designated
state highway system; and
WHEREAS, Brazos County, hereinafter referred to as the Local Government, owns bridges located
and identified as shown on Page 4 of this Resolution; and
WHEREAS, projects to remedy these bridges are included in the currently approved program of
projects as authorized by Texas Transportation Commission Minute Order Number 108310 dated
September 28, 2000; and
WHEREAS, the usual fund participation ratio for projects on such programs is 80 percent federal,
10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agreement by the Local Government to perform, or cause to be
performed, an equivalent dollar amount of structural improvement work on other deficient bridges
or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural
improvement work being referred to as an "equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal off-
system bridge projects is $162,616, hereinafter referred to as the "participation-waived" projects,
such participation requirement the Local Government proposes be waived and in return perform or
cause to be performed equivalent-match project structural improvement work.
G
a
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed,
the following equivalent-match project(s) in return for waiver of the local match fund participation
requirement on the approved federal off-system bridge program (participation-waived) projects not
yet awarded:
•
LOCATION ON SCHOOL DESCRIPTION OF ESTIMATED
BUS ROUTE? STRUCTURAL COST
IMPROVEMENT WORK
CR 246 (White Switch Road) Yes Replace Existing Bridge $ 91,400
at Big Creek With a New Structure
17-021-OAA0246-001
Total Estimated Cost of Equivalent-Match Project $ 91,400
Participation Received, Check Nos. 1022986, 6020222 & 6033050 12,591
Total Government Participation $103,991
Estimated Local Government Participation $162,616
Total Remaining Local Government Participation $ 58,625
•
BE IT FURTHER RESOLVED that in receiving this waiver, the Local Government acknowledges
its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that
include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal
Regulations, Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane corns-drainage structure, or upgrades the structure to its original load capacity with
a minimum upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying with
all applicable state and federal environmental regulations and permitting requirements for the
structures being improved.
Page 2 of 4
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Page 3 of 4
VOL
4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
the local match fund participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the participation-
waived project to complete the structural improvement work on the equivalent-match
project(s).
6. Should this waiver request be approved, an appropriate written agreement or amendment to
a previously executed agreement will be executed between the State and the Local
Government.
PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on
this the 17t° Day of April, 2001,
Alvin W. Jones
County Judge, Brazos County
Attest:
ItR cQueen C
County Clerk, Brazos County
i
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• PROJECTS PARTICIPATION BY
BRAZOS COUNTY
Project:
BR 97(343)OX $ 51,391
Control:
0917-29-075
CR 164:
At Wickson Creek and Wickson Creek Relief
Road:
Grassbur Road
NBI:
17-021-OAA0164-003 and -004
Project:
BR 97(635)OX $ 36,955
Control:
0917-29-077
CR 165:
At Wickson Creek
Road:
Elmo Weedon Road
NBI :
17-021-OAA0165-002
Project:
BR 97(341)OX $ 74,270
Control:
0917-29-073
CR 147:
At the Navasota R. and Rel. Nos. 1 and 2
Road:
Long Trussel Road
NBI:
17-021-OAA0147-001, 002 and 003
•
Total Estimated Participation ........................................................................$162,616
PARTICIPATION-WAIVED PROJECTS
BRAZOS COUNTY
The participation by Brazos County shown above is based upon the latest estimated construction cost
for these projects plus the preliminary engineering costs shown in the consultant work authorization
and the estimated cost of the State's oversight of this design. These amounts do not reflect the
money previously paid by Brazos County for its 10 percent participation in the cost of preliminary
engineering.
0
Page 4 of 4
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AWWW ORIGINlIC
County
CS]
Project
Road/Street
NBI Structure No.
Local Designation No.
Brazos
0917-29-077
BR 97 (635)OX
CR 165
17-021-OAA0165-002
Elmo Weedon Road at Wickson
Creek
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
AMENDMENT NO. 1
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS AMENDMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State, and Brazos County, a local
government or governmental agency or entity, acting by and through its County Judge and
Commissioners Court, hereinafter called the Local Government.
This Amendment relates to waiver of the local match fund participation requirement with
performance by the Local Government of an equivalent dollar-amount of structural improvement
work.
WITNESSETH
WHEREAS, the State and the Local Government executed an agreement on March 18, 1997 to
effectuate the project to replace the bridge on CR 165 at Wickson Creek, local road designation
Elmo Weedon Road; and
WHEREAS, the previously executed agreement provides that the Local Government shall pay
the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10%
of the actual cost of construction, construction engineering and contingency, or other local match
fund participation percentages as adjusted for Economically Disadvantaged County (EDC)
consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100%
of the cost of any project cost item or portion of a cost item that is not eligible for Federal or
State participation; and
WHEREAS, in consideration of such EDC status that may be applicable for this project, the
required local match fund participation for this project has been adjusted to n/a percent as
authorized by Texas Transportation Commission Minute Order number n/a, dated n/a; and
Page 1 of 6 Bridge Division
9-2000-A.1 A
le
WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the
Local Government's required 10% fund participation in a project, or required percentage as
adjusted for EDC consideration, may be waived provided the Local Governmental body commits
by written resolution to spend an equivalent amount of funds for structural improvement work on
another bridge structure or structures within the Local Government's jurisdiction provided,
however, that the State will not reimburse funds already received under the terms of a previously
executed agreement; and
WHEREAS, if under the previously executed agreement the required local match fund
participation included payment by the Local Government of a portion of the State's indirect costs
for the project items that are eligible for State or Federal participation, such payment(s) for
indirect cost not already received by the State, may be waived under the provisions of Texas
Government Code Section 2106.08; and
is
WHEREAS, such a waiver request and resolution has been received and considered by the
State, including a finding by the State that the Local Government is in full compliance with load
posting and closure regulations as defined in National Bridge Inspection Standards under 23
CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver, and
WHEREAS, the previously approved project on which the Local Government's required fund
participation is being waived shall be hereinafter referred to as the "participation-waived project"
(PWP); provided, however, that the term "project" when used elsewhere in the agreement and
this amendment shall be construed as the "participation-waived project" unless the context
clearly indicates otherwise; and
WHEREAS, the "other" project or projects on which the Local Government proposes to
perform structural improvement work in a dollar amount equal to the Local Government fund
participation amount waived shall be hereinafter referred to as "equivalent-match projects"
(EMP); and
C7
WHEREAS, if one or more advance funding payments have already been received by the State
from the Local Government in accordance with the previously executed agreement, including
payment for any of the State's indirect costs for the project items that are eligible for State or
Federal participation, and, while no portion of these payments can be reimbursed to the Local
Government, such payments should be credited against the dollar-amount of the equivalent-
match project (EMP) work required to be performed by the Local Government under this
agreement amendment.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the State and the Local Government do agree as follows.
Page 2 of 6
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9-2000-A.1 A
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AGREEMENT
Article 1. Description of Amendment Items
Amendment Item A. - The second preamble paragraph under Agreement Article 4, Project
Funding, is revised to read as follows:
"However, the project being designated as a "participation-waived project", the Local
Government's otherwise required 10% fund participation or required percentage as
adjusted for EDC consideration, and less any local match fund participation to be paid or
already paid to the State, is waived as further described in Article 16 herein. The Local
Government shall pay the State 100% of the cost of any project cost item or portion of a
cost item that is not eligible for Federal or State participation, and/or any changes in work
made at the request of the Local Government."
Amendment Item B. - In Agreement Article 4, the sub-articles relating to preliminary
engineering costs, payments, and estimate of project cost are each amended to read as follows:
" Preliminary Engineering Costs - The State will document its costs incurred for
preliminary engineering with completion of an estimate of total project cost preparatory to
letting to contract construction, and, if appropriate, shall notify the Local Government of its
share of these costs when submitting notice pursuant to Article 4(D) and/or 4(E).
Payments - If appropriate, forty-five calendar days prior to the State's scheduled date for
the contract letting of the participation-waived project, the Local Government agrees to pay
to the State an amount equal to the Local Government's agreed upon participation in the
project.
The Local Government shall promptly and faithfully provide payment of any funds
required of the Local Government. The State will not pay interest on the funds provided by
the Local Government. Funds provided by the Local Government will be deposited into,
and retained in, the state treasury.
F
Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in
Exhibit A of this agreement amendment which supersedes all previous estimates."
Amendment Item C. - The caption-title of Agreement Article 5, Project Administration and
Accomplishment of Work, is amended to read as follows:
"Article 5. Project Administration and Accomplishment of Work on the Participation-
Waived Project."
Page 3 of 6 Bridge Division
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•
•
Amendment Item D. - Agreement Article 5F is added which reads as follows:
Location (and structure
On School
Description of Structural
Estimated Cost
identification number, if
Bus Route?
Improvement Work
applicable)
White Switch Road at
Yes
Replace Existing Bridge
$91,400
Big Creek
With a New Structure
17-021-0AA0246-001
TOTAL
$91,400
J
"Receive and keep on-file documentation of the work completed on the equivalent-match
projects as described in Article 17C herein."
Amendment Item E. - Article 16, Equivalent-Match Project(s), is added which reads as follows:
3
"Article 16. Equivalent-Match Project(s) j
In consideration of waiver of the Local Government's otherwise required 10% fund
participation on the participation-waived project or required percentage as adjusted for
EDC consideration, the Local Government shall perform an equal dollar-amount of
structural improvement work, less any' local match fund participation on this project to be
paid or already paid to the State, on other deficient bridges or non-bridge classified
drainage structures within its jurisdiction, referred to as equivalent-match project(s), as
follows:" '
Note: $35,813 of the cost of this equivalent-match project is to be credited to this participation-
waived project. The balance will be credited to participation-waived projects CSJ 0917-29-075,
CR 164 at Wickson Creek and Wickson Creek Relief and CSJ 0917-29-073, CR 147 at the
Navasota River and Relief Nos. 1 and 2.
Amendment Item F. - Article 17, Responsibilities of the Local Government on Equivalent-Match
Projects, is added which reads as follows:
"Article 17. Responsibilities of the Local Government on Equivalent-Match Projects
A. The Local Government shall be responsible for all engineering and construction, and
related costs thereto, and complying with all applicable state and federal environmental
regulations and permitting requirements for the bridge structures.
B. The structural improvement work on the equivalent-match projects shall be
performed within three calendar years after the contract award of the participation-
waived project.
C. Documentation of completion of the structural improvement work on the equivalent-
match project(s) shall be provided by the Local Government by letter to the State's
Page 4 of 6 Bridge Division
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applicable District Engineer, no later than 30 calendar days after work completion. This
documentation shall include copies of the final structural design plans used in constructing
or reconstructing bridges under the equivalent-match project(s).
D. Failure by the Local Government to adequately complete the equivalent-match
projects within the stated three-year period, shall result in the Local Government being
excluded from receiving such waivers for a minimum of five years."
Article 2.
All other provisions of the original agreement are unchanged and remain in full force and effect. '
Article 3. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this
agreement on behalf of the organization they represent.
Page 5 of 6 Bridge Division
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IN WITNESS WHEREOF, THE PARTIES HERETO have executed duplicate counterparts
to effectuate these agreements.
THE LOCAL GOVERNMENT: Brazos County
(Name)
•
By Date - /9 • oI
Signature)
Alvin W. Jones, Brazos County Judge
Typed Name and Title of Signatory
Under authority of Minutes of Governing Body, Resolution or Ordinance
Number N/p Dated 14/A
THE STATE OF TEXAS
•
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved by the Texas Transportation Commission.
By a,-- ~~Ca& Date 7- z -t - o) - IYL, Mary Lou Rills, P.E., Director, Bridge Division
For the purposes of this agreement, notices shall be deemed delivered when addressed and
mailed to the following:
The Local Government: Texas Department of Transportation
District Office:
Honorable Alvin W. Jones
Brazos County Judge
300 East 26th Street, Suite 114
Bryan, TX 77803-5327
Mr. Lonny G. Traweek, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, TX 77803
w
Page 6 of 6
'VOL P.44
Bridge Division
9-2000-A.1 A
County
CSJ
Project
Road/Street
NBI Structure No.
Local Designation No.
Date of Agreement Amendment
Execution By Local Government
Brazos
0917-29-077
BR 97 (635)OX
CR 165
17-021-OAA0165-002
Elmo Weedon Road
(fl - 19 - ZCX5 L
EXHIBIT` A TO AMENDMENT TO
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM - ESTIMATE OF DIRECT COSTS
(NOTE: This estimate supersedes any and all those that may have been provided previously.)
Local Government
Estimated Cost Participation
Preliminary Engineering (PE) 50,978
Ten (10) Percent or EDC Adjusted
Percent, Local Government Participation
in PE that is Waived 5,098
Construction 287,000
Engineering and Contingency (E&C) 31,570
The Sum of Construction and E&C 318,570
i Ten (10) Percent or EDC Adjusted Percent,
Local Government Participation in the Sum
of Construction and E&C that is Waived . 31,857
Amount of Advanced Funds to be Paid or
Already Paid by Local Government, Including
Payment for any of the State's Indirect Costs,
to be Credited Against Local Participation
Waived Amount ($1,142)
Dollar-amount of Equivalent-match Project Work
t, to be performed by Local Government (Minimum) 35,813
Total Participation-Waived Project Direct Cost 369,548
Bridge Division
9-2000-A.1 A
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9
I
BRAZOS COUNTY
BRYAN. TEXAS
RESOLUTION
•
The State of Texas
County of Brazos
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete
(collectively referred to as deficient) bridges located on public roads and streets off the designated
state highway system; and
WHEREAS, Brazos County, hereinafter referred to as the Local Government, owns bridges located
and identified as shown on Page 4 of this Resolution; and
WHEREAS, projects to remedy these bridges are included in the currently approved program of
projects as authorized by Texas Transportation Commission Minute Order Number 108310 dated
September 28, 2000; and
WHEREAS, the usual fund participation ratio for projects on such programs is 80 percent federal,
10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agreement by the Local Government to perform, or cause to be
performed, an equivalent dollar amount of structural improvement work on other deficient bridges
or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural
improvement work being referred to as an "equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal off-
system bridge projects is 5162,616, hereinafter referred to as the "participation-waived" projects,
such participation requirement the Local Government proposes be waived and in return perform or
cause to be performed equivalent-match project structural improvement work.
0
i
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed,
the following equivalent-match project(s) in return for waiver of the local match fund participation
requirement on the approved federal off-system bridge program (participation-waived) projects not
yet awarded:
LOCATION ON SCHOOL DESCRIPTION OF ESTIMATED
BUS ROUTE? STRUCTURAL COST
IMPROVEMENT WORK
CR 246 (White Switch Road) Yes Replace Existing Bridge $91,400
at Big Creek With a New Structure
17-021-OAA0246-001
Total Estimated Cost of Equivalent-Match Project $ 91,400
Participation Received, Check Nos. 1022986, 6020222 & 6033050 12,591
Total Government Participation $103,991
Estimated Local Government Participation $162,616
Total Remaining Local Government Participation $ 58,625
BE IT FURTHER RESOLVED that in receiving this waiver, the Local Government acknowledges
its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that
include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal
Regulations, Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane corssAminage structure, or upgrades the structure to its original load capacity with
a minimum upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying with
all applicable state and federal environmental regulations and permitting requirements for the
structures being improved.
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4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
• the local match fund participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the participation-
waived project to complete the structural improvement work on the equivalent-match
project(s).
6. Should this waiver request be approved, an appropriate written agreement or amendment to
a previously executed agreement will be executed between the State and the Local
Government.
PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on
this the - 17'! Day of _ April. 2001.
Alvin W. Jones
County Judge, Brazos County
Attest:
• gailm-McQueen
C
County Clerk, Brazos County
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PARTICIPATION-WAIVED PROJECTS
BRAZOS COUNTY
PROJECTS PARTICIPATION BY
BRAZOS COUNTY
Project:
BR 97(343)OX $ 51,391
Control:
0917-29-075
CR 164:
At Wickson Creek and Wickson Creek Relief
Road:
Grassbur Road
NBI:
17-021-OAA0164-003 and -004
Project:
BR 97(635)OX $ 36,955
Control:
0917-29-077
CR 165:
At Wickson Creek
Road:
Elmo Weedon Road
NBI :
17-021-OAA0165-002
Project:
BR 97(341)OX $ 74,270
Control:
0917-29-073
CR 147:
At the Navasota R. and Rel. Nos. 1 and 2
Road:
Long Trussel Road
NBI:
17-021-OAA0147-001, 002 and. 003
Total Estimated Participation ........................................................................5162,616
The participation by Brazos County shown above is based upon the latest estimated construction cost
for these projects plus the preliminary engineering costs shown in the consultant work authorization
and the estimated cost of the State's oversight of this design. These amounts do not reflect the
money previously paid by Brazos County for its 10 percent participation in the cost of preliminary
engineering.
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