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HomeMy WebLinkAbout2005-03-22-9:00AM-RegularBRAZOS COUNTY BRYAN,TEXA NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C SESSII COUR SUITE 1. 2. Consid 3. VIISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 22 MARCH 2005 AT 9:00 A.M. IN THE COMMISSIONERS OM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, BRYAN, TEXAS. and Pledge of Allegiance - Commissioner Wasserman for citizen's input and/or concerns. take action on agenda items 3 - 21: Amendment 04/05-20.1 4. R lassification and change of title for the following positions in the County Attorney's O ice, based upon retirement of the current Chief Investigator and requiring no addition- al ounty funds: a. Chief Investigator position from Group 23 Step 5 Class 0521 Position 1 to Group 20 Step 1 Class 0523 Position 4, with title change to Investigator/Warrant Officer, and a salary savings of $8,923.20. b. Investigator/Supplemented position from Group 13 Step 5 Class 0522 Position 2 to Group 20 Step 9 Class 0523 Position 3, with title change to Investigator/ Warrant Officer. c. Investigator/Warrant Officer position from Group 20 Step 5 Class 0523 Position 1 to Group 20 Step 7 Class 0523 Position 1. 5. P sonnel Change of Status. 6. Pftment of Claims. VOL 6 '10 Commissioners Court Agenda 22 March 2005 Page 2 7. Ejr~zos County Proclamation 05-004 establishing 20-26 March 2005 as National 41114riculture Week in Texas - a time to celebrate the state's farmers and ranchers and to , IT a owledge this far-reaching industry that adds $73 billion to the Texas economy 8. os County Resolution 05-001 in support of the continuation of the pilot Brazos unty Drug Court, established on 9 December 2004, and the Community Supervision Corrections Department's application for an Adult Drug Court Implementation 9. P ent of $25,000 to meet the cash incentive requirement under the Economic velopment Agreement between Arbin Instruments and The Research Valley P ership,Inc. 10. P ent of $398.91 to Sheiness, Scott, Grossman & Cohn, L.L.P. for professional s ices on cause 04-003203-CV-85, Sonny Ellen vs. Brazos County Bail Bond Board, as p the recommendation of the Brazos County Bail Bond Board. 11. ewal of Preventative Maintenance and Extended Service Agreement for the InterStor bile Filing/Storage System located at the Brazos County Detention Center. Term of a eement is 5/25/2005 to 5/25/2006. 12. uest by the Brazos Valley Community Network for access to the Brazos County c duit for the purpose of adding a new fiber optic cable between the Brazos County I ormation Technology Offices and the Bryan Utilities Office and replacing the existing MU network running at 155Mbps with anew Gigabit connection. 13. Agreement between Brazos County and Spencer J. Buchanan Associates, Inc. for g technical investigation services related to the Sheriff's Administration Building. 14. T Refund Applications for the following: a. Coleman L. & Jeanne Cunningham i. William A. & Teresa K. King b. Jacqueline L. Bell j. Deborah Matlock, et. al. c. Timothy Britton k. Milton Sims Newberry d. Barbara & Kevin C. Corbisier 1. Esstine Padgitt e. Ellione Clark Minerals Agency in. Gerardo A. Ramirez f. Mary Ellen Ford n. Bradley A. & Beverly K. Raphel g. Gene Garner o. Vernon Ray Rickaway, et. al. h. Cebrena Lee Holland 15. Pchase of a Tailgate Gravel Conveyor (requisition 00003381) for the Road & Bridge 16. Pchase of a John Deere 5525 Utility Tractor and Flex Cutter (requisition 00003545) for t Road & Bridge Department. VOL_ja_PAGE 21 ~ ,r Commissioners Court Agenda 22 March 2005 Page 3 17. of a vehicle from Philpott Motors (requisition 00003547) for the Brazos Valley Task Force. 18. Pchase of a vehicle from Lawrence Marshall Dealerships (requisition 00003561) for t Brazos Valley Narcotics Task Force. 19. quest from Verizon Communications to construct two (2) road bores and 5,130 feet of b ied cable installations in the right of way of Wheelock Hall Road at a minimum depth 0 0 inches. Site is located in Precinct 2. Tuest 20. from Derek Emola for variance on the roadway frontage width of a cul de sac in proposed Saddle Brook subdivision from County specified 70 feet widths ranging 36.13 feet to 48.14 feet. Site is located in Precinct 2. 21. an Texas Utilities' cost estimate of $4,368.29 to relocate an additional overhead u i ity pole (at the County's request) to accommodate North Dowling Road i rovements. Site is located in Precinct L. 22. ouncement of interest items and possible future agenda topics. 23. all for citizen input and/or concerns. 24. ency / Board / Committee reports by Court members. 25. lioum The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive I~vices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL COMMISSIONERS' COURT REGULAR MEETING MARCH 22, 2005 A regular meeting of the Commissioners' Court of Brazos C nty, Texas was held in the Brazos County Commissioners C rtroom in the Courthouse in Bryan, Brazos County, Texas, b inning at 9:00 a.m. on Tuesday, March 22, 2005 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Presiding; Karen McQueen, County Clerk. C issioner Cauley presided over the meeting until the a ival of the County Judge. The attached sheet contains the names of the citizens and ofricials that were in attendance. Commissioner Wassermann gave the invocation and led the pj. dge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-20.1 t$~t would reallocate funds for the Capital Project Fund. On ion by Commissioner Peters, seconded by Commissioner Wt~sermann, the Court voted unanimously to approve the budget ndment as submitted, a copy of which is attached. )L PAGE a 13 ;ioners Court meeting March 22, 2005 2 The next matter before the Court was a request from the County Attorney's office for the reclassification and title ctonge for the following positions: a. Chief Investigator position from group 23, Step 5, Class 0521 Position 1 to Group 20, Step 1, Class 0523, Position 4, with title change to Investigator/Warrant Officer, and a salary savings of $8,923.20. b. Investigator/ Supplemented position from Group 13, Step 15, Class 0522, Position 2 to Group 20, Step 9 Class 0523 Position 3, with title change to Investigator/Warrant Officer. c. Investigator/Warrant Officer position from Group 20, Step 5, Class 0523 Position 1 to Group 20 Step 7, Class 0523 Position 1. 0 motion by Commissioner Peters, seconded by C issioner Mallard, the Court voted unanimously to a rove the request. The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action ests. On motion by Commissioner Peters, seconded by C issioner Wassermann, the Court voted unanimously to a rove the changes as submitted. The Court next considered the following Claims as s mitted by the County Treasurer for payment: 7005015 through 7005238 LL~j PAGE Du 4 nissioners Court meeting March 22, 2005 3 motion by Commissioner Peters, seconded by Commissioner lard, the Court voted unanimously to approve the Claims as tted. The County Judge read aloud a Proclamation #05-004 d ignating the week of March 20 through 26, 2005 as "National A 'iculture Week in Texas". The Court urges everyone in our a a to learn more about the role of agriculture and recognize t farmers and ranchers who contribute so much to this ty, state, nation and the world. On motion by missioner Peters, seconded by the County Judge the Court ed to proclaim the week of March 20 through 26, 2005 as tional Agriculture Week in Texas" throughout Brazos County. e County Judge then presented the signed Proclamation to Jim McLeod of the JM Cattle Company. On motion by Commissioner Peters, seconded by missioner Wassermann, the Court voted unanimously to adopt olution #05-001 supporting the continuation of the pilot B 'zos County Drug court, established December 9, 2004, and t Community Supervision and Corrections Department's a lication for funding Number 2005-F2153-TX-DC, to the Bureau o Justice Assistance Office of Justice Programs for an Adult Dt~g Court Implementation Grant. The next matter before the Court was the payment of L PAGE C issioners Court meeting March 22, 2005 4 $15,000 to meet the cash incentive requirement under the E nomic Development Agreement between Arbin Instruments and tL Research Valley Partnership. Bob Malaise, representative o the Research Valley Partnership presented a report on Arbin I truments saying that this is the first of four payments of $IP,000 each. On motion by Commissioner Mallard, seconded by ssioner Wassermann, the Court voted unanimously to a~~rove the payment. The next matter before the Court was the payment of $ 8.91 to Sheiness, Scott, Grossman & Cohn, L.L.P. for ptofessional services on Cause 04-003203-CV-85, Sonny Ellen v*'j. Brazos County Bail Bond Board, as per the recommendation of~ the Brazos County Bail Bond Board. On motion by C#missioner Peters, seconded by Commissioner Wassermann, the Ctort voted unanimously to approve payment. The Court next considered the renewal of Preventative ntenance and Extended Service Agreement for the InterStor ile Filing/Storage system located at the Brazos County ention Center. The term of the agreement is from May 25, 2T1P5 through May 25, 2006 at a cost of $225.00. On motion by C issioner Wassermann, seconded by Commissioner Peters, the C rt voted unanimously to approve the renewal of the a eement. A copy is attached. L PAGE ;ioners Court meeting March 22, 2005 5 The next matter before the Court was a request by the B40zos Valley Community Network (BVCNet) for access to the B #zos County conduit. BVCNet wants to add a new fiber optic le between the Brazos County Information Technology Offices the Bryan Utilities Office and replace the existing TAMU n work running at 155 Mbps with a new Gigabit connection. On m ion by Commissioner Cauley, seconded by Commissioner ers, the Court voted unanimously to approve the request. The Court next considered entering into agreement with Spencer J. Buchanan Associates, Inc. for geotechnical estigation services related to the Sheriff's Administration Belding. The estimated cost based on four 25 foot borings and f 'r 10 foot borings is $4,942.00. On motion by Commissioner C ley, seconded by Commissioner Mallard, the Court voted u nimously to enter into agreement with Spencer J. Buchanan A ociates, Inc. and authorized the County Judge to execute Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter for consideration was approval of tax r and applications from the following individuals and/or nies: a. Coleman L.& Jeanne Cunningham, paid in error $346.36 b. Jacqueline L. Bell, Over Payment $36.00 c. Timothy Britton, Over Payment, $360.00 L 6--] PAGE 4 C missioners Court meeting March 22, 2005 t amount of $41,793.00. 7 The next matter before the Court was the purchase of a vehicle for the Brazos Valley Narcotics Trafficking T k Force. On motion by Commissioner Peters, seconded b Commissioner Cauley, the Court voted unanimously to a rove the requisition to Phillott Motors and authorized t County Judge to sign the requisition in the amount of $ ,000.00. The next matter before the Court was the purchase of a ehicle from Lawrence Marshall for the Brazos Valley N cotics Trafficking Task Force. On motion by C issioner Peters, seconded by Commissioner Wassermann, t1te Court voted unanimously to approve the requisition a authorized the County Judge to sign the requisition i the amount of $15,621.00. The Court next considered the request from Verizon to c struct two (2) road bores and 5,130 feet of buried cable i tallations in the right-of-way of Wheelock Hall Road. The s -.--e is located in Precinct 2. The County Engineer stated t t all appeared to be in order and recommended approval. On m (--ion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the request f m Verizon and authorized the installation. A copy of the z G~ PAGE D~A9 C missioners Court meeting March 22, 2005 g r west is attached hereto. The next matter before the Court was a request from Derek E la for variance on the roadway frontage width of a cul-de- s in the proposed Saddle Brook Subdivision from County s cified 70 feet widths ranging from 36.13 feet to 48.14 f t. The County Engineer had the following comment: Brazos County driveway culvert installation permit requires a minimum driveway culvert length of 24 feet. With only 36 to 48 feet of roadway frontage, maintaining ditch drainage would be very difficult and mowing would be impossible. 0 motion by Commissioner Peters, seconded by the County J ge, the Court voted unanimously to deny the request. The C my Judge asked Commissioner Peters and the Road and Bridge D artment to meet with Mr. Emola. The Court next considered acceptance of the Bryan Texas U lities cost estimate of $4,368.29 for relocation of an a itional overhead utility pole (at the County's request) to a ommodate improvements on North Dowling Road in Precinct 1. motion by Commissioner Wassermann, seconded by C issioner Peters, the Court voted unanimously to accept the B an Texas Utilities cost estimate of $4,368.29 for rf~ocation of an additional overhead utility pole. Under announcement of interest items and possible future ajonda topics the following spoke: L~ PAGE aaa issioners Court meeting March 22, 2005 County Judge t a) Announced that there will be a special called meeting at 3:30 p.m. on Thursday. Commissioner Mallard a) Reminded the Court that there will be a transportation meeting in Bryan/College Station on Wednesday and Thursday of this week. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, following spoke: Commissioner Mallard a) The Intergovernmental Committee met yesterday and discussed safe school routes for children with paths that do not require them to get on roadways, the proposed 169 roadway, and a toll road that would create huge relief to Mexico and could come as close as 13 miles from Brazos County. The County could see a big economic boom. b) There is a retreat tentatively scheduled June 13th from 5 p.m. to 9 p.m. County Judge a) He had a great breakfast with Senator Kay Bailey Hutchinson at the Lucky B Ranch this morning. She presented him with a resolution concerning OSR (Old San Antonio Road) that is part of the Camino Real. He will have it framed. 9 There being no further business to come before the Court, tto meeting was adjourned. L 6~ PAGE as I T foregoing minutes of the Commissioners Court meeting held M ch 22, 2005 have been examined and are approved in open C rt this the 12th day of 2005, in Bryan, B zos County, Texas. y S' As R Vt/Judge C 1Dne Peters C issioner, Precinct 2 C ry Cauley, Jr. C issioner, Precinct 4 AAttest: Keen McQueen C ty Clerk Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 aa L~PAGE 'a' BRAZO MEETIN P~ 51311 COUNTY COMMISSIONERS COURT ON 200SAT o Name Organization/Department S-C)r 67 w< <NYY~e C' P,e.6,-. 1 ~`s -r-:-,- 4 ,f 1171 A )V n V k7-F A I ~ BRAZ MEETI COUNTY COMMISSIONERS COURT ON 200 AT .'.Do Name Organization/Department p~ h AMA^ vNTF ~r ck-V ~r4 tzaS C /`1 r c Avrt -~>l_.3 0 "I *~4 50- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -20.1 3/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 6300050 80890000 CR Vehicles 500.00 4500 6300050 80289000 DR Equipment - R&B 500.00 Capital Proj I Fund: Commissoner's Court To reallocate nds to cover the cost of the tailgate gravel conveyor that was budgeted at $6,200.00. The vehicle ount included $104,750 for R&B trucks. The actual rice of the trucks are $ 99,545. The est imated cost savings $5,205. r~r c ifj~~~lir~Vc1 B s ~/I1%20(l 1I)atc: , f'/' C5 VOL PAGE t5 PERSONNEL CHANGE OF STATUS Page 1 of 2 CO T DATE: March 22, 2005 DEP TMENT: Personnel P SE: A~~r ne Personnel Change of Status mommi: DEP TMENT NAME EMPLOYEE NAME ACTION REQUESTED DEPARTMENT ' CO ATTORNEY BIDDLE, SCOTT POSITION RECLASSIFICATION HOFFMAN, HOYT POSITION RECLASSIFICATION McKOY, WILLIAM RETIREMENT SHE F'S OFFICE - SPARKS, CHARISMA DISCHARGED JAIL ESTRADA, RENEE RESIGNATION TWYMAN, MARCIA RESIGNATION SERVICES BROWN-LEWIS, SHAVONNE HERBST, SARA ROBINSON, LEONARD LYNCH, ROBBIN AGUILAR, MANUEL BRYANT, JOE ANDERSON, SHAVONDA ROBINETTE,JANELLE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE BUDGT. STEP INCREASE VO 61 PAGE 9,~7 PERSONNEL CHANGE OF STATUS COl DEI PU-1 ■ww■ DEP. owns DIST1 (This Page 2 of 2 IT DATE: March 22, 2005 ATMENT: Personnel DOSE:ARe~o je Xwommonswous Personnel ChanizeofStatus wwwwwwwwwwwwwwwwwwwwwwEtTMENT NAME EMPLOYEE NAME ACTION REQUESTED DEPARTMENT CLERK LANGLEY, MELISSA TRANSFER TO ANOTHER CE OF THE DEPARTMENT PCT. 4 CLERK CASARES, ROSE PROMOTION WEBSTER, EVELYN PROMOTION in Commissioners' Court: March 22 ge's or Commissioner's Signature: to be attached to minutes) March 021 BRAZOS OUNTY SHERIFF'S DEPARTMENT 300 E 26 T., STE #314 BRYAN, XAS 77803 SUBJECT, Extended Service Agreement As of Kai, S 2005 your InterStor High Density Mobile Storage System's Service Maintenance Agreemen t! will be expiring. As you , without proper maintenance, any mechanical equipment with moving parts can create costly pro ems. These problems can be prevented easily and economically through an inspection and service pr am. In order to insure the best performance of your equipment, we wish to offer you our Extended rvice Agreement. Our stan d Service Agreement includes one (1) preventative maintenance visit per year which involves examinin adjusting and lubricating all moveable parts. Please call to schedule. All required component repairs or placements will be performed at this time. We also include additional service calls as needed in the eve of system failure or malfunction. All travel, labor and mechanical parts will be provided under this Maintenance contract. We have closed a Service Agreement for your consideration. If you elect to start this program, please return the Bement with your signature, keep a copy for your files, and the amount indicated on your service co act. We will need to receive your signed agreement within 30 days of this offer. If you fee at our Extended Service Agreement is something you do not wish to consider, we will be pleased to vice your system on an (as needed) basis. Service rates are presently $110.00 per hour, one hour mini m. If you should have questions or if any additional information is needed, please feel free to call me at 11ur convenience. o KEITH O RIEN Operation, Manger Enclosure INTERSTOR DESIGN ASSOCIATES, INC. MAINTENANCE & SERVICE Preventive Maintenance consists of those precautionary services performed on equipment covered in this agreement other than emergency or unscheduled service calls with the primary purpose of preventing the equipment from being out of normal operation. E i- DED Extended Service consists of requested, unscheduled SER E service calls from the date of contract and continuing for PROqf,AM twelve (12) calendar months. SER E TO BE Inspection & Testing of- PERII RIMED BY AUT RIZED *Mechanical Assist Chain Tension Adjusters FAC RY-TRAINED * Safety Features PERS NNEL *Electrical Wiring & Switches *Mechanical & Logic Controls *Anti-tip Devices *Carriage Limit Switches *Safety Floor Plungers *Safety Sweep Switches * Safety Bar & Safety Eyes *Sequential Carriage Indexing (Electric) Lubrication & Adjustment of: *All Moving Parts, Chains & Rails *Limit Switches General Maintenance & Cleaning of: *Floor & Tracks *Face Panels & Controls Customer is responsible for foreign matter and debris that falls into areas that may hinder or damage and result in equipment failure. Components of the equipment or system installed by people other than INTERSTOR DESIGN ASSOCIATES, INC. is the responsibility of the customer, this includes defects in other manufacturer's products. The customer agrees to give reasonable notice for normal hours servicing. VOL 61,FAG-L ~30 InterStor DESIGN ASSOCIATES, INC, INFORMATION & MATERIEL MANAGEMENT SOLUTIONS Pre entative Maintenance and Extended Service Agreement DATE TYPE OF AGREEMENT CUSTOMER ORDER NO. CONTACT: PHONE 03-02-05 NEW RENEWX 15-7371SMA WAYNE DICKIE 979-361-4168 CUSTOMER Service Will be Performed at: BRAZOS C ,SHERIFF'S DEPARTMENT 1835 SANDY POINT RD 300 E 26 ST., STE X6314 FROM TOTAL ANNUAL AMOUNT BRYAN, T 77803 E 05-25-05 R M TO 05-25-06 $225.00 EQUIPMENT UNDER SERVICE TYPE OF EQUIPMENT MODEL AMOUNT MOBILE F ING/STORAGE SYSTEM AUDITORS OFFICE MECHANICAL ASSIST W/3 CARRIAGES 225. 30 SPECIAL CONDITIO SALES TAX - EXEMPT TOTAL COST 225.)0 Purchaser agr s that this Order includes all of the terms and conditions on both the face and reverse side hereof, that this Order cancel and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the t s of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDI UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his execution of this ter acknowledges that he has read its terms and conditions and has received a true copy of this Order. Approved By: I ERSTOR DESIGN ASSOCIATES, INC. Customer's Acceptance - Sign name below. Send I contract to INTERSTOR DESIGN ASSOCIATES, INC. Address 50 STEADMONT DR Compan am RAZO C IFF'S DEPT City/State O TON, TX 77040 By: By n v 40 Title Date I H 2 2005 Date 3 Signed Service reement must be received by INTERSTOR Phone: (91~ Ext. DESIGN ASSO service Deriod. TES, INC. prior to expiration of curr n t,°l - ~4 3~ . c HIGH DENSITY I OBILE STORAGE SYSTEMS • FILE SHELVING • LIBRARY SHELVING • ROTARY FILES FOLDERS AND S PPLIES • COLOR CODE LABELING SYSTEMS • AUTOMATED STORAGE AND RETRIEVAL SYSTEMS WYITC/n01e'-1 1Al f-AUAOVICII C r I PENCER T. BUCHANAN ASSOCIATES, INC North Sims Street, Bryan, Texas 77803 • Post Office Box 672, Bryan, Texas 77806-0E Telephone 979-822-3767 • Fax 979-822-7604 Spencer J. Buchanan, P. (1903-1982) March 1 1'1 2005 Judge R y Sims Brazos C my Courthouse 300 E 26' i Street Suite 11 Bryan, T as 77803 Judge Si Estimate of Costs for Geotechnical Investigation Brazos County Sheriff Offices SJBA Proposal No. P050311 Philip N. Buc Spencer Buchanan Associates, Inc. ("SJBA") is privileged for the opportunity to submit this proposal r a geotechnical recommendation for the above referenced project. Our geo hnical recommendation based on four 25-ft borings and four 10-ft borings is estimatedt $4,942.00. In the event that considerable variation is found between borings, we will sugg t additional borings be drilled. The report will include a summary of all soil test results a foundation recommendation. This includes recommended allowable bearing capacity, inimum design recommendations, as well as proper drainage and subgrade preparati recommendations. Thank y for the opportunity to submit our estimate of costs for this project. When you are ready for Construction Materials Testing cost estimate, please remember Spencer J. Buchanan Associate for your CMT needs. We look forward to assisting you with the successful completi of this project. If you have any questions, please feel free to call our office. Sincerely Spencer Buchanan Associates, Inc. Abigail Ng4lls Alford, E.I.T. VOL 7 FAG E d 3 AGREEMENT for ENGINEERING SERVICES and/or CONSTRUCTION MATERIALS TESTING March 15, 2005 by and between SPENCER J. BUCHANAN ASSOCIATES, INC. 206 North Sims Street Bryan, Texas 77803 -and- CLIENT Brazos County, c/o Judge Randy Sims Brazos County Courthouse 300 East 26th Street, Suite 114 Bryan, Texas 77803 services rendered in association with- Brazos County Sheriffs Office Bryan, Texas Brazos County 300 East 26th Street Bryan, Texas 77803 1 O( J THIS A EMENT (hereinafter called "AGREEMENT") is effective as of March 15, 2005, by and bet n Brazos County, c/o The Honorable Randy Sims for Brazos County, (hereinafter called " IENT") and Spencer J. Buchanan Associates, Inc., a corporation organized under the laws f the State of Texas with principal offices located at 206 North Sims Street, Bryan, Texas, 1 03 (hereinafter called "ENGINEER"). ENGINEER and CLIENT hereby agree as follows th respect to Engineering Services to be performed by ENGINEER: 1.0 E GINEERING SERVICES 1.1 E WEER shall act for Client in a professional manner, using that degree of care and skill ordinarily ex d cised by and consistent with the standards of competent engineers practicing in the same or similar to lity of the PROJECT site. 1.2 E ineer shall provide services that, in the opinion of the ENGINEER, lie within the technical or p essional areas of expertise of ENGINEER and which ENGINEER is adequately staffed and equipped to rform. 1.3 E INEER shall perform all technical services under the general direction of a Registered Professional Er I ineer and in a substantial accordance with the basic requirements of the appropriate Standards of the A rican Society for Testing and Materials, where applicable, The Texas Engineering Practices Act, or of " r standards designated by ENGINEER. 1.4 E INEER shall consider all reports the confidential property of CLIENT, and distribute reports only to these persons, organizations or agencies specifically designated in writing by CLIENT or his authorized 1.5 ET I INEER shall retain samples of soil or rock for a period of sixty (60) days following submission of the re rt, unless requested otherwise by CLIENT, after which time, samples will be discarded. ENGINEER sh discard concrete cylinders after testing unless requested otherwise by CLIENT. 1.6 E INEER shall retain all pertinent records relating to the services performed for a period of ten years fo l wing submission of a report, during which period the records will be made available to CLIENT at re nable times. Duplicates shall be made at reasonable fees. 1.7 A ritten definition of the Services (Exhibit A) to be performed by ENGINEER is incorporated in this 2 61 PA GE 2.0 C WENT RESPONSIBILITIES 2.1 C ENT shall provide ENGINEER full information regarding the structure(s) to be contemplated on the PROJECT including location and elevation of structure(s) on the PROJECT site, locations of existing u rground utilities on the PROJECT site, magnitudes and configurations of loads, permissible se ements, planned cuts and fill, proximity of adjacent structures, and design loadings for paving areas an railways, and other information required for the proper performance of ENGINEER. 2.2 C NT shall furnish right of entry into the PROJECT site for ENGINEER to make the necessary field s ies. ENGINEER will endeavor to minimize damage to the land but makes no guarantee to restore the sit to its original conditions unless a separate Agreement is made for such restoration, in which case E WEER shall add the cost of restoration to the fee for the PROJECT. 2.3 C NT shall designate in writing those persons, organizations or agencies to be contacted in the event co itions are revealed during execution of ENGINEER's study or testing that would require possible alt ation of the study or would potentially influence design that is proceeding in parallel with the study. 2.4 In a absence of an express designation from the CLIENT to the contrary, services requested by C NT's representative will be deemed as requested by CLIENT. 3.0 G ERAL CONDITIONS 3.1 EN( WEER, by the performance of services covered hereunder, does not in any way assume, abridge or ab gate any of those duties, responsibilities or authorities with regard to the PROJECT customarily vested in e PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 E INFER shall not be responsible or liable for errors, omissions or deficiencies of any other party(s) in lved in the design of the PROJECT, or the failure of any architect, design engineer, contractor, su ontractor or any other design agency or authority to design and/or construct any aspect of the P JECT in accordance with recommendations contained in anv correspondence or verbal re mendation issued by ENGINEER. 3.3 Th Agreement may be terminated by either party on receipt of written notice or by mutual agreement. If this Agreement is terminated by either party, ENGINEER shall be immediately paid in full for all services pe rmed through the termination date, and the CLIENT shall be provided with a complete report of the res is of tests and analysis conducted prior to termination. 3.4 Ne er CLIENT nor ENGINEER may delegate, assign, sublet or transfer his duties or interest in this A r ement without the written consent of the other party. 3.5 The only warranty made by ENGINEER in connection with its services performed hereunder is that it will use hat degree of care and skill as set forth in Article 1.1 above. No other warranty, expressed or implied, is de or intended for services provided hereunder or furnishing oral or written reports of findings made. 3 VOL WPACE a30 3.6 I he event that CLIENT issues its Standard Purchase Order for engineering services, which shall be p ared and executed for each specified Project assignment requested by CLIENT, the terms and c itions of this AGREEMENT shall be incorporated as terms and conditions of the CLIENT's Standard P hase Agreement unless expressly noted to the contrary. 3.7 C ENT may make changes in the Services of the ENGINEER by notifying the ENGINEER to perform ac c itional Services or to omit part(s) of the Services. ENGINEER reserves the right not to comply with C ENT directed changes in the event such changes are contradictory to the basic requirements of the T as Engineering Practices Act or appropriate Standards of the American Society for Testing and trials, where applicable, or other standards designated by ENGINEER. The provisions of this A eement shall apply to such additions and omissions. 4.0 I URANCE 4.1 E VEER shall secure and maintain throughout the full period of this Agreement sufficient insurance to pr ect it adequately from claims under applicable Workmen's Compensation Acts and from claims for b ly injury, death or property damage as may arise from the performance of services under this A ement. ENGINEER will, upon request, file certification of such insurance coverage with CLEINT or hi iuthorized representative. 4.2 No 1 surance of whatever kind or type which may be carried by ENGINEER, is to be considered as in any w limiting the architect, design engineer, contractor, subcontractor or any other design agency or au ority's responsibility for damages resulting from its operations or for furnishing work and materials to the ROJECT. CLIENT agrees therefore, to include or cause to be included in the PROJECT's design and co truction contracts, such requirements for insurance coverage and performance bonds to be secured and m tained by the PROJECT's designers and contractors as CLIENT deems adequate to indemnify CI J NT, LABORATORY, and other concerned parties, against claims for damages and to insure co pliance of work performance and materials with PROJECT requirements. 4.3 W ker's Compensation ($500,000 per incident limit), Comprehensive General Liability ($1,000,000 limit per occurrence), and Comprehensive Automobile Liability ($1,000,000 combined single limit, per ac ent), Insurance coverage(s) will be provided. Any additional insurance requirements will be net Viated and reimbursed to ENGINEER. 4.4 EIITINEER agrees to indemnify and save harmless CLIENT, its agents and employees from and against all loss or expense (including court costs and attorneys fees) for personal injury including death at any time reE 0: ting therefrom sustained by any person or persons or on account of damage to property (other than pr erty of CLIENT or construction work in progress, for which CLIENT assumes responsibility) if and to the xtent arising out of the negligence of ENGINEER. The parties hereby waive and shall require their to waive subrogation against the other under any applicable policies of insurance. 4 VOL (03 rAun ;U7 77 5.0 P YMENT 5.1 C ENT will pay ENGINEER for services and expenses in accordance with the attached fee schedule (E x ibit B). ENGINEER'S invoices will be presented monthly and will be paid by CLIENT within thirty (3 days of receipt by CLIENT or his authorized representative. 5.2 El I WEER shall be paid in full for all services under the Agreement, including any overruns of CLIENT's c act or any unforeseen need for ENGINEER's services exceeding original contract requirement. C NT shall make payment for such services irrespective of any claim for compensation for additional w conducted. Any such claim shall in no respect delay payment of fees for services performed by ET [ INEER. Failure of CLIENT to pay ENGINEER shall entitle ENGINEER to file a Mechanic's and M rialman's Lien on Project property. 6.0 6.1 Agreement, including these terms and conditions, represents the entire agreement between CLIENT an I ENGINEER and supersedes all prior negotiations, representations or agreements, written or oral. The A ement may be amended only by written instrument signed by CLIENT and ENGINEER. 7.0 7.1 TI JI Agreement shall be governed by the laws of the State of Texas. Any disputes that arise from this shall be resolved in a Texas venue. 8.0 W&RRANTY 8.1 ENGINEER shall perform its Services hereunder on a best professional effort basis, consistent with get 'rally accepted industry standards, or in the absence of generally accepted industry standards, consistent wi reasonable engineering practice. ENGINEER's liability in the event of defect, error, omission, or fai a (collectively called "defect") in any of Engineer's Services under this AGREEMENT shall be A to defects arising out of its sole negligence and further limited to the correction of defects in INEER's original Services, by ENGINEER reperforming the defective portion of the Services without Tonal costs to the CLIENT, provided Engineer is notified by Client in writing of such defect within ;1) year after completion of ENGINEER's Services under this AGREEMENT, and such notice Fically includes a request for reperformance. However, ENGINEER shall not be liable for any other including but not limited to, replacement materials, equipment, or labor incurred by CLIENT in action with the correction of any such defects. 5 `4 L to x 14.0 T RM OF AGREEMENT 14.1 T Agreement will remain in effect for Services provided through December 31, 2005, or when project is cc - plete. After that date, this Agreement will be subject to review and as a result of this review may be m ified or revised with the mutual consent of both parties. IN WI SS WHEREOF, CLIENT AND ENGINEER have caused this AGREEMENT to be executed y their duly authorized officers. Brazos By: Title: Date: 7 Spencer J. Buchanan Associates, Inc. By: Title: Date: EXHIBIT A Scope of Services Geotechnical Investigation for: Brazos County Sheriff's Office Highway 21, Bryan, Texas Fees for this testing will be in accordance with the SJBA Proposal number P050311 Copy Attached (A-2) Agreement for S.O. admin bldg.doc A-1 pGEg1[ P BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA R IVIENT Road and Bridge NUMBER 560010 DATE O OURT MEETING: March 22, 2005 -A- ITEM: R uest from Verizon Communications to construct two 2 road bores and 5.130 feet of bu ed cable installations in the right of way of Wheelock Hall Road at a minimum depth of inches. Site is located in Precinct 2. SOURCE F FUNDS: N/A REQUIR ENTS: 1) No rk will be permitted between front slope and/or back slope. 2) All i tallation(s) shall be constructed in designated utility easements, if applicable. if no utility eas ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) i e case of a road bore, perpendicular to the right-of-way line. 3) If cl 'ng of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do s nd to remove all cleared brush, trees etc. from county right-of-way. 4) Ditc ine shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con ted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ce of the Brazos County Engineer. 5) Con ction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devi s for Streets and Highways, published by the Texas Department of Transportation, and all other Stat nd Federal laws governing utility construction. UESTED OR ALTFRNATIVF.q- SUBMITTED BY: Richard F. ance, P.E. County En neer CC05-017P This Requst is Date: Ranldv S APPROVED BY: RN, )k JLS~~~~ Commissioner E. Duane Peters Precinct 2 / Denied ❑ by Commissioners' Court ounty Judge VOL (4] PAGE ~7~ 14, 2005 Rich Aid Vance Braz County Engineering Office Cou Engineer 2617 Hwy. 21 Brva TX 77803 DearMr. Vance: veri7on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 AGRMNTS 24 BURIED CABLE JA: Encl ed are From EIM 35 and a work location sketch showing the location of our prop ed buried cable line on county roads in Brazos County at Kurten, Texas. This rk is to be completed on Work Order 5435-3P001 GT which is scheduled for April 2005. If you have any questions concerning this work, please contact Joe Youn at our office in Bryan, telephone 979-821-4303 within 15 days so that we may expla of modify our proposal, otherwise, it is understood that this proposal is Sincely, n rnold ie isor - Network Engineer 67 V ~ '~~mV+Cn~t OLD Ye O y S. 5 OLD BARKER m C P`OG f p.~p U PAPS Q~ S p 014~Ft., fRNR~ e BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM C20 DEPA R ENT Road and Bridge NUMBER 560010 DATE O COURT MEETING: March 22, 2005 ITEM: nsider and take action on request, from Derek Emola for variance on the roadwa onta e width of a cul de sac in the proposed Saddle Brook Subdivision from Count s cified 70 feet to widths ranging from 36.13 feet to 48.14 feet. Site is located in ct SOURC F FUNDS: N/A PRESEN ATION: Br os County driveway culvert installation permit requires a minimum dr eway culvert length of 24 feet. With only 36 to 48 feet of roadway fr tage, maintaining ditch drainage would be very difficult and mowing w Id be impossible. ACTION ~ EQUESTED OR ALTERNATIVES: Recommend denial of variance request for county maintenance pu oses. SUBMIT11ED BY: APPROVED BY: Richard 11 Vance, P.E. Commissioner E. Duane Peters County E ineer Precinct 2 0005-01 This Req st is Approved ❑ / Denied Xby Commissioners' Court Date: is , County Judge Derek A. Emola 5737 Steephollow Cr. Bryan, TX 77808 Tel: (979) 776-5538 (979) 255-6261 15, 2005 Judge issioner's Court County, Texas RE: REQUEST FOR VARIANCE ON ROAD FRONTAGE WIDTH Saddle Brook Subdivision - lots 8-11 George W. Singleton League, A-51 5451 FM 974 Bryan, Texas Dear Mir, Pleas4 accept this as a request for variance on road frontage width for the property on the above dress. As for now the requirement is noted as 70 feet as per Article V-C (4) of the S ivision and Development Regulation of the Brazos County, Texas. We are reque ing for acceptance of 36.13 feet (lot 8), 36.46 feet (lot 9), 48.14 feet (lot 10) and 36.50 et (lot 11) for the road frontage. A copy of the Preliminary Plan is attached for your r,ference. illy Submitted, 4Z4~a Z Emola 41A f t Af A V 4 3/410. 14 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA MENT Road and Bridge NUMBER 560010 DATE COURT MEETING: March 22 2005 ITEM: onsider and take action on Bryan Texas Utilities' cost estii relocate in additional overhead utilit pole at the County's request' North D lin Road improvements. Site is located in Precinct 1. is SOURC OF FUNDS: N/A PRf=Cr= 4TInK1. 10 SUBMI D BY: County gineer 0005-01 This Re est is Apprc Date: .3/.Z .4 R to -~r a~ 368 APPROVED BY: ~.~[.Q~i+c-!fit d-~.~-__• Commi sioner Lloyd Wassermann Precinct 1 Znied El by Commissioners' Court County Judge UTILITIES P O. Box 1000 Bryan, TX 77805 Phone: 979-821-5700 Fax: 979-821.5795 http:/Nvww.btutilttles.com THE ENERGY RM YDU SINCE IWQ March 1112005 Li..nda. M gge Brazos my Road chi .Bridge 2617 W. wy 21 Bryan) T 77803 Dear Lin# Muegge; Inv. #05030006128 Your req st to relocate an additional overhead electric pole for the Dowling Road widening has bccn in, - igated. The charge for this service is $4368.29. This cost is subject to change after 90 days fro he date of this letter. Use your signed investigation number 0503806128 to identify any correspondence you may have with our ice. For information regarding your investigation, please call. 821-5770. Sincerely Mark Tel BTU-Lin Designer , aµ~