The URL can be used to link to this page

Home My WebLink About1991-02-18-0800AM-Special• C7 v • BRAZOS COUNTY BRYAN.TEXAS �: 37 YCCUNTY t' L AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, FEBRUARY 18, 1991, AT 8:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Appoint Fire Commissioners" in Precinct 1. 4. Consider and take action on Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation off the State System and authorize the payment thereof. 5. Consider and take action on personnel change of status. 6. Consider and take action on payment of claims. 7. Adjourn. • VOL X, PAGE ---32-3- COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 18, 1991 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 8:00 a.m. on Monday, February 18, 1991, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3, Absent; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office Cheryl Turney Auditor's Office A. H. Winder County Engineer Sandie Walker Treasurer Jim Hiney Bryan/College Station Eagle Commissioner Norton gave the invocation and led the pledge of allegiance. On motion by the County Judge, seconded Commissioner Norton, the Court voted unanimously to appoint the following people to serve on the Board of Commissioners for Rural Fire Prevention District #1: 1. Mr. Tim Sanford, President 2. Mr. Charles Robertson, Vice President 3. Mr. Charlie Ellis, Treasurer These will be for a two year term from January 1, 1991 ending December 31, 1992 4. Mr. Jerry Caldwell, Secretary 5. Mr. Pat McCrory, Assistant Secretary These will be for a one year term from January 1, 1991 ending December 31, 1991 The next matter for consideration was the construction and maintenance agreement for bridge replacement or rehabili- tation off state system and the authorization for payment. This is an agreement between Brazos County and the State Department of Highways and Public Transportation for the VOLj Commissioners' Court meeting February 18, 1991 V®L ESD eGi 3.7 S� construction by the State Department of Highways and Public Transportation and subsequent maintenance by Brazos County of • a bridge on Macey Road at Little Cedar Creek relief channel. The addition to the existing agreement between the County and the State is necessitated due to the realignment of Macey Road along the proposed Farm to Market route from FM 974 to O.S.R. in precinct 2. The total estimated cost is $83,900.00. Brazos County's portion is 20% or $16,780 with 10% or $8,390 due immediately and the balance due in June of 1991. On motion by the County Judge, seconded by Commissioner Turner, ' the Court voted unanimously to enter into agreement with the State Department of Highways and Public Transportation for the construction and maintenance of a bridge on Macey Road and the payment thereof. A copy of the agreement is attached hereto. The Court proceeded to consider the change of status of the following employees. • NAME DEPARTMENT REASON Ellerhracht, K. County Attorney New Employee Baumgartner, B. County Attorney Transfer On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10 General Fund ---------------Claims 2649 thru 3112 20 Road & Bridge --------------Claims 3218 thru 3284 22 Road & Bridge II -----------Claims 3113 thru 3117 25 Capital Impro. Debt Ser ----Claims 3118 thru 3120 30 Capital Projects & Improvements: Proposition I --------Claims 3121 thru 3125 40 Law Library ----------------Claims 3126 thru 3128 41 Court Master Grant ---------Claims 3129 thru ------ 43 Oil & Gas Fund -------------Claims 3130 thru 3142 54 Health Department ----------Claims 3153 thru 3180 60 Payroll --------------------Claims 3181 thru ------ 61 Health & Life Ins ----------Claims 3182 thru ------ 70 Indigent Health Care -------Claims 3183 thru 3200 72 Bail Bond Board ------------Claims 3201 thru 3202 90 Community Services Off -----Claims 3203 thru 3207 92 Brazos Center Sp. Events ---Claims 3208 thru ------ 94 Victim Assistance Prog----- Claims 3209 thru 3211 97 Narc. Traf. Task Force -----Claims 3212 thru 3217 On motion by Commissioner Wilcox, seconded by Commis- sioner Norton, the Court voted unanimously to approve the V®L ESD eGi 3.7 S� r I � I ` V®1.,---�k--_P'AG E 336 �-1 �J • • The foregoing minutes have been examined and approved in open Court this the day of 19 q1, in Bryan, Brazos County, Texas. A R. JY Holmgreen County Judge W-17fFlel 7 - Walter Walter Wilcox -120 Gary Krkon Commi&qioner, Precinct 1 R /"' � - I,-- __'/ andy S's , Precinct 3 i _PAG 3 3 County Brazos Control 0917-29-034 Project Highway Co. Road 128 Stcu�eturc No. A A 01 28002 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made on the date shown hereinafter, by and between the State Department of Highways and Public Transportation, hereinafter called the "Department", and Brazos Count , a local govern- ment, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its Commissioner's Court and by virtue of the authority shown on Exhibit T attached hereto and made a part hereof. WITNESStTH WHEREAS, the Governmental Agency is owner of a bridge located on a public road or street within its jurisdiction at Little Cedar Creek Relief County Road 128 ; and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Assistance Act of 1918 and subsequent Federal legislation, a program entitled 1981-91 Off -State System Federal -Aid Bridge Replacement and Rehabilitation Program has been approved by the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. /-� AGREEMENT NOW, THEREFORE, in consideration of the premises and of mutual cove- nants and agreements of the parties hereto to.be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The Governmental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to loca- tion and type of installation in accordance with requirements of the Department. -1- VO RAG E 3 3.V • • C� 3. The Governmental Agency agrees to provide 20% of the actual Construction cost of the bridge replacement or rehabilitation project including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the State Department of Highways and Public Transportation an amount equal to 10% of the estimated cost of the project. Forty-five days prior to the Department's scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remaining 10% of its obligation. If, at any time during plan development or construction of the project, it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify the Governmental Agency which shall promptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting pro- cedures, and any excess funds paid by.the Governmental Agency shall be returned to the Governmental Agency. 4. If, after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be re- sponsible for those eligible expenses incurred by the State which are attributable to the project. 5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the pro- ject is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of•the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. • -2- VOL PAGa-2-31- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. THE GOVERNMENTAL AGENCY THE STAT OF TEXAS Certified as being executed for the purpose and effect of activating Brazos Count and/or carrying out the orders, Name of Governmental Agency established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission. By APPROVED: By County Judge Luis Ibanez, P.E , Bridengineer Title of Executing Official Date ATTEST: AP GGf�& (14-lell County Clerk it Fe 0 V®L--L PAGE Sys -3- • C7 0 RESOLUTION AUTHORIZING COUNTY JUDGE TO SIGN A CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT THE STATE OF TEXAS § Brazos , Texas COUNTY OF BRAZOS § February IS , 1991 MOTION was made by Judge R.J. Holmgreen and seconded by Commissioner Milton Turner that the Commissioners' Court of t ounty authorizes the ounty Judge to sign the Construction and aln enance Agreement for the improvement by the State Department of Highways and Public Transportation on the roads described below: At Little Cedar Creek Relief on County Road 128 VOTE on the motion was as. follows: Unanimously ippinye - Commissioner Gary Norton f nmmi cci nnor Lia 1 rpr L1i 1 rnx WHEREUPON the motion was declared carried. THE STATE OF TEXAS § COUNTY OF BRAZOS § Commissioner*Miltori Turner Commissioner Randy Sims -- absent I hereby certify that the foregoing is a true and correct copy of of order passed by the Commissioners' Court of Brazos County, Texas on the 18th day of February99 . Clerk of County Court Brazos County, Texas EXHLBIT A VO _PAG E--Z-V- COMMISSION ROBERT H. DEDMAN, CHAIRMAN RAY STOKER, JR WAYNEB OUDDLESTEN STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION M. BOX 320 BRYAN, TFXAS "805-3ZO March iv"" fi 1 1987-91 Off -State System Federal -Aid Bridge Replacement and Rehabilitation Program Project: CRP 88(339)BROX Control: 0917-29-034 Highway: County Road 128 (Macey Road) County : Brazos Limits : At McDonald Creek, Little Cedar Creek and At Little Cedar Creek Relief ENGINEER -DIRECTOR ARNOLD W OLIVER. P E. CONTACT: Honorable R. J. Holmgreen County Judge, Brazos County Brazos County Courthouse Bryan, Texas 77801 Dear Judge Holmgreen: Please find enclosed your original copy of the Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation, Off the State System, for the replacement of the Little Cedar Creek Relief structure on Macey Road. This agreement was executed by the Department on March 14,•1991. To date Brazos County has deposited with the Qepartment $45,000. We received $30,000 on May 23, 1988 as a part of the total $58,400 remitted by Check Number 884585. This $30,000 represented $14,300 for McDonald Creek and $15,700 for Little Cedar Creek. We received $15,000 by Check Number 16902 on March 13, 1991. This amount has been deposited and will be applied toward your participation in the replacement of the Little Cedar Creek Relief Bridge. V0i.__)�_PAGE 3`1y • •9 Judge Holmgreen -2- March 19, 1991 Once our plans are completed and our estimates have been finalized, our Austin office will inform us how much additional money will be required from the County to fulfill its commitment. This final amount will be based on the i costs of preliminary engineering, estimated construction costs, and estimated construction engineering and will be due forty five (45) days prior to our i scheduled letting date. You will be advised of this amount at that time. Please contact either Pat Williams, P.E. or myself should you have any questions concerning this funding. Sincerely, Robe;t L. Richard$on, P.E. I Supervising pesign Engineer. I RLR: me Attachment cc: Mr. Patrick T. Williams, P.E. Mr. Holland Winder, P.E. Mr. Michael O'Toole, P.E., Austin File D-5 Mr. John W. Wilder, Austin File D-6 VOL PAG E._.3.., !' - t VOL PAG E._.3.., !' -