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Home My WebLink About2005-11-22-9:00AM-REGULARF- I;_F_n BRAZOS COUNTY~uLS '`b f 18 4; 22 BRYAN, TEXAS NOTICE OF MEETING AND AGENDA I CLE814 )-DUTY BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 NOVEMBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -15: 3. Budget Amendment 04/05-53.1. 4. Budget Amendment 05/06-8.1 thru 05/06-8.8 5. Personnel Change of Status. 6. Payment of Claims. 7. Resolution 05-017 approving the use of electronic signature of the County Judge for the FY 2005 SCAAP award and granting the County Judge, as CEO, the ability to delegate authority to the Brazos County Auditor for the application of the accepted electronic signature in the administration of the SCAAP award. 8. Contract between Brazos County and Portia Oliphant-Smith for the Juvenile Services Community Coalition (JSCC) Positive and Total Difference II workshop. Term of agreement is 1 September 2005 through 31 August 2006. 9. Permission to advertise Bid 2006-011 Seal Coat Projects for Precincts 1, 2, 3 and 4. Office of the County Judge • 300 East 26" St. • SJuuiite 114 • Bryan, Texas 77803 . Fax: (979) 361-4503 VOL 7 PAGE a38' Commissioners Court Agenda 22 November 2005 Page 2 10. Award of Bid 2005-046 Heavy Machinery Rental, as follows based on best price and availability: Primary Vendor: Mustang Rental Secondary Vendor: R. B. Everett and RSC Equipment Rental 11. Award of Bid 2005-047 Rental of Equipment with Operator, as follows based on best price: Primary Vendor: Texcon Secondary Vendor: Young Contractors 12. Award of Bid'2005-048 Oversized Limestone Aggregate, as follows based on best Price: Primary Vendor: Young Contractors, Inc. (only response to bid) 13. Acceptance of North Country Phase 4 and Phase 5A for Brazos County maintenance as the roads (portion of North Country Drive and Stampede Drive) and drainage structures are in compliance with Brazos County's Subdivision and Development Regulations. Site is located in Precinct 2. 14. Request from OSR Water Supply Corp. to construct 1650 fr. of water line installations in the south right of way of Homola Road. Site is located in Precinct 4. 15. Final plat of Prosperity Acres Phase One, 13.08 acre tract, Maria Kegans survey, A-28, Brazos County, Texas. Site is located in Precinct 3. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn The Brazos County 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. VOL ~4 PAGE 239 COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 22, 2005 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, November 22, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, 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. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-53.1, which would correct a coding error in the Sheriff's office and Capital Improvement and relocate funds for Certificates of Obligation Issue 2005. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol "1 Page -2,q Commissioners Court meeting November 22, 2005 2 The Court next considered Budget Amendment #05/06-8.1 through 8.8, which would reallocate funds for the Information Technology Department, Commissioners Court (2), Tax Office, Law Library Fund, Brazos Center, and County Clerk; and increase the budget for Emergency Management. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, 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: 7013337 through 7013603 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #05- 017 authorizing the County Judge through the use of electronic signatures, to have the flexibility to communicate Vol 7+ Page a 41 Commissioners Court meeting November 22, 2005 3 electronically with the Federal Department of Criminal Justice with regards to the Federal Alien Inmate Assistance Program, grant the County Judge the authority to delegate to the County Auditor the responsibility for the use of the application of the accepted electronic signature, and require that subsequent to such use of the electronic signature, the County Auditor's office will submit to the County Judge for his review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. The next matter before the Court was approval of a Contractual Agreement between Brazos County Juvenile Services Department and Portia Smith, Positive Difference Program Facilitator, to provided classroom instruction including, but not limited to topics such as Drugs & Alcohol, Peer Pressure, Choices vs. Consequences, Goal Setting, Responsibility and Trust, Self Esteem, Influence Recognition, etc. The cost to Brazos County will be $45.00 per program participant with a minimum of 12 participants or $50.00 per program participant if there are less than 12 participants. The term of the contract is for twelve (12) months commencing on September 1, 2005 through August 31, 2006. on motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contractual agreement with Portia Vol `7`}' Page a4a Commissioners Court meeting November 22, 2005 4 Smith. A copy of the contractual agreement is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-011, Seal Coat Projects for Precincts 1,2,3,&4. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Seal Coat Projects. The Court next considered awarding Bid No. 2005-046, Heavy Machinery Rental. Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Mustang Rental Secondary Vendor: R. B. Everett and RSC Equipment Rental (according to lowest price and availability). On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2005-047, Rental of Equipment and Operator. Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Texcon Secondary Vendor: Young Contractors On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as Vol '7 Page a q 3 Commissioners Court meeting November 22, 2005 5 noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2005-048, Oversized Limestone Aggregate. Becky Stephens, Senior Buyer, made the following recommendation: Primary Vendor: Young Contractors, Inc. (only response to bid) On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The next matter before the Court was acceptance of North Country Phase 4 and Phase 5A for Brazos County maintenance. This includes a portion of North Country Drive and Stampede Drive in Precinct 2. The roads and drainage structures are in compliance with Brazos County's Subdivision and Development Regulations. The County Judge moved to approve, Commissioner Mallard seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained because the developer is his first cousin. The motion carried. The Court next considered the request from OSR Water Supply Corp. to construct 1,650 feet of waterline installations in the south right-of-way of Homola Road. The site is located in Precinct 4. The County Engineer stated that Vol -7 Page a q q Commissioners Court meeting November 22, 2005 6 all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from OSR Water Supply Corp. and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Prosperity Acres Phase One, 13.08 Acre Tract in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Prosperity Acres Phase One, 13.08 Acres as submitted. Under announcement of interest items and possible future agenda topics the following spoke: Bill Ballard, Legal Counsel a) Would like to have an opportunity to brief the Court on burn ban laws in light of the bonfire problems. There have been changes in the laws. He will put this on a future agenda. The County Judge asked that he also include laws on mass gatherings. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard Vol ~ + Page a q 5 Commissioners Court meeting November 22, 2005 a) He attended the Research Valley Partnership meeting and announced that Todd McDaniel was named the new CEO/President of the organization. They interviewed six (6) people, many from outside of Texas but Todd who is the current interim director showed the most promise. b) He and Commissioner Wassermann went to the Leadership Brazos Committee meeting. It was a great meeting. Commissioner Wassermann a) He attended the Regional Transportation meeting in which they discussed the Aggie Express. TxDOT is upset because the Navasota School District now has plans for opening a new school right in the middle of the proposed route. This causes a lot of problems. 7 There being no further business to come before the Court, the meeting was adjourned. Vol -7 Lf Page a- 4 The foregoing minutes of the Commissioners Court meeting held November 22, 2005 have been examined and are approved in open Court this the IVI- day of 3anGtav.Y , 2006, in Bryan, Duane Peters Commissioner, Precinct 2 arey uley, Jr. Commis ioner, Prec nc 4 Attest: K ren McQueen County Clerk iy WCCu~c e ¢ "I-O w_ Lloyd assermann Commissioner, Precinct 1 Kenny Malla d Commissioner. Precinct 3 Vol 7' Page a 4 7 Brazos County, Texas. r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON v• z~ 2005"AT -oo ,f n1 Name Organization/Dep ment /7/_- P-) VOL W PAGE a' g ?I ~ r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON _ /l,Vv Zzi 200s 9, :~rM Name Organization/Department TCLA c, sU VOL-74, PAGE a`1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-53.1 On this the 22"d day of November 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 November 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22"d day of November 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 53.1 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 67203000 DR Minor Computer Hardware 649.00 0100 28000100 80203000 CR Computer Hardware over $5000 649.00 4500 63000500 67203000 DR Minor Computer Hardware 13,986.00 4500 6300050 67286000 DR Minor Equip. Electronic 273.00 4500 63000500 65050000 DR Building Maintenance 6,243.00 4500 63000500 80203000 CR Computer Hardware over $5000 20,502.00 Sheriffs' Offrce.and Ca pital Improvement - To move budget for expenditures that were coded as over $5,000 but were not. 4205 63420500 72590000 DR Professional Fees - Other 20,000.00 4205 6342050 80715000 CR Capital Roads 4600 634600 72590000 DR Professional Fees - Other 15,000.00 4600 634600 80444000 CR Landsca in 15,000.00 Certificates of Obligation Series 2005 and Exposition Center - To move funds for the rofessional services in connection with the debt issues. VOL7`4 PAGE a~~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-8.1 thru 05/06-8.8 On this the 22"d day of November 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 . E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 November 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22nd day of November 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes v4L-74 rA0E -)Sa BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.1 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 67203000 CR Minor Computer Hardware 10,000.00 0100 14000100 60500000 DR Office Equipment 10.000.00 I ITo reallocate funds to the appropriate account line item. VOL 7~ PAGE as3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.2 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000100 59100000 CR DDEA 783.00 0100 11000100 67203000 DR Minor Computer Hardware 783_nn Commissioners Court] L_ ITo reallocate funds for the purchase of a computer. Q -7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.3 11/22/2005 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 11000100 59100000 CR DDEA 850.00 0100 11000100 67281000 DR ] Equipment- Electronic 850.00 1 1 Commissioners Court: To reallocate funds for the purchase of a 24" TV/DVDNCR Combination and a portable CD recorder. VOLJ7, aSS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.4 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 67281000 CR Equipment - Electronic 460.00 010013000100 67342000 CR Furniture 375.00 0100 13000100 60500000 DR Office Equipment 835.00 Tax Office: To reallocate funds for the purchase of office eauipment. -74 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.5 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1500 52000100 61130000 CR Contingency 4,400.00 1500 52000100 71020000 DR Computer Contracts 4,400.00 Law Libra Fund: To reallocate funds to cover the internet service contract for the online legal rary. °J" -7 4 F~P, E a50 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.6 11/22/2005 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 36500100 59100000 CR DDEA 145.00 0100 36500100 60500000 DR Office Equipment 145.00 Brazos Center: To reallocate funds for uneradine three computers with CD writers. VOL_gq- PACE as? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.7 11/22/2005 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 650.00 0100 21000100 65200000 DR Copier Maintenance 650.00 County Clerk: To reallocate funds to allow for increased copier maintenance cost. VOL 1Y -PAGE ;5 / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 8.8 11/22/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 48035200 35500005 CR FEMA - Hurricane Katrina 100,000.00 0100 35500100 61450000 35500005 DR Misc. Expenditures 100,000.00 Emergency Management - To increase the budget for revenues and expenditures for the anticipated costs for the housine voucher svste. VOL -74TAGE a(00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 22, 2005 Department Submitting Information: Human Resources lose of Submissions: Consider and Take Action on Chan! Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Medina, Julian Resignation Stelton, Christopher New Hire Building Maintenance Roberts, Allan Resignation SO/Jail Thomas, Hillard Acosta, Jose Bums, Joan Nancarrow, Teresa Nunez, Abundio Irwin, Katherine Jones, Charles V. Ritchey, Darlene Daniel, Lisa Cotreras, Joseluis Clanton, James Poorman, Jason Mitchell, James White, Steven Approved in Commissioners' Court: November 22.2005: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Iner. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. Career Ladder Incr. V0 rI 1~PAGE (v~ 4~ BRAZOS COUNTY BRYAN, TEXAS BRAZOS COUNTY RESOLUTION In conjunction with the contract which the Commissioners' Court of BRAZOS COUNTY, TEXAS has entered into with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal alien inmate assistance program, the court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The court is now aware that such filing and receipt will require the electronic signature of the "CEO" (chief elected officer) for the County. The CEO for the County is recognized by the Criminal Justice Department to be Randy Sims, County Judge. Therefore: WHEREAS, the Commissioners' Court recognizing the need for the County to have the flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the Alien Assistance Program; WHEREAS, the Commissioners' Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHEREAS, the Commissioners' Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and NOW THEREFORE KNOW ALL MEN BY THESE PRESENT the Commissioners' Court does require that subsequent to such use of the electronic signature of the CEO, the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. PASSED AND APPROVED this the 22nd day of November, 2005. andy Sims A l~ County Judge ,p/ Comi issioner Lloyd Wassermann Precinct I Commissioner, nny Mallard Prec t 3 ATTEST: ~!,1 r Karen McQueen, County Clerk ^ommissioner Duane Peters Precinct 2 Commis' ner Carey Gainey, " r Precinct 4 _PAGE I STATE OF TEXAS COUNTY OF BRAZOS Contract for Juvenile Services Community Coalition (JSCC) Positive and Total Difference II Workshop This agreement entered into on this the I" day of September, 2005, by and between the Brazos County Juvenile Services Department, hereinafter referred to as the Probation Department, and Portia Smith, hereinafter called the Facilitator, witnesseth: 1. THAT IN CONSIDERATION OF THE PROMISE TO; Accept, Perform, and complete in contract with the Probation Department and in accordance with the Program known as the The Positive and Total Difference II Workshop, hereinafter called the Positive Difference Program, subject to and pursuant to the terms and conditions of the guidelines submitted by the Probation Department. All rules, regulations, and guidelines pertinent and applicable thereto, and further subject to all terms and conditions of this agreement. 2. Account for all program funds received, in cash, whether paid with state or matching funds. 3. Maintain and make available for inspection, audit, or reproduction, by any authorized representative of the Brazos County Auditor and State of Texas, books, documents and other evidence pertaining to the cost and expense of this Positive Difference Program. 4. Pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients, which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug-free environment. 5. Notify the Brazos County Juvenile Service Department in writing of any changes in curriculum or topics covered. The Probation Department reserves the right to eliminate any topics not deemed appropriate for discussion. if. GOALS, OUTPUTS, & MEASURABLE OUTCOMES 1. All juveniles assigned to the Program will be accepted into the Program and will be expected to participate. VOL 1-4 PAGE 3 2. Service provider agrees to provide a minimum of seven (7) hours of classroom instruction including, but not limited to, topics such as Drugs & Alcohol, Peer Pressure, Choices vs. Consequences, Goal Setting, Responsibility and Trust, Self Esteem, Influence Recognition, etc. 3. Service provider agrees to cooperate fully with any program evaluation instigated by Brazos County Juvenile Services. III. CONTRACT PERIOD The contract period will begin on the 151 day of September 2005, and will terminate the 3151 day of August 2006. IV. THE BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT DOES HEREBY AGREE TO: Delegate to the Facilitator the authority and duties for services rendered in the application; 2. Provide the Facilitator $45.00 per program participant with a minimum of 12 participants or $50.00 per program participant if there are less than 12 participants. 3. Receive from the Facilitator a report of services rendered. 4. Payment will be made in the form of a check issued by the Brazos County Treasurer's Office no later than 30 days from receipt of original billing. Brazos County will not accept copies or faxed invoices. The original invoice is required for payment. No special payment exceptions will be made. Please do not call for status or payment unless past the 30 day time period. V. TERMINATION 1. Termination for cause shall be based upon contingencies as follows: (a) If the Facilitator fails to provide the services called for in this contract within the specified term herein or extension thereof; or (b) If the Facilitator fails to perform any other provisions of this contract, or so fails to perform the services as to VOL -7* P~`;GE - - n endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of 10 days (or such extensions as authorized by the Probation Department in writing) after receiving notice of default. (c) This contract shall not be terminated for failure to perform the contract arising out of causes beyond the control and without fault or negligence of the Facilitator. (d) The decision of the termination of the Probation Department shall be final and conclusive unless within 60 days from the date of receipt of a written copy of the decision the Facilitator mails or otherwise furnishes to the Probation Department a written appeal addressed to the Brazos County Juvenile Board. The decision of the Juvenile Board shall be final and conclusive absent a showing of fraud, caprice, arbitrariness or gross error implying bad faith in which case suit may be brought in some court of competent jurisdiction. 2. In the event of the failure of the Facilitator and the Probation Department to agree as provided under paragraph IV 2, the Probation Department shall pay to the Facilitator the amounts for completed services not yet paid for. VI. OFFICIALS NOT TO BE BENEFTTTED No officer, member or employee of the Texas Juvenile Probation Commission and no member of the governing body of the locality or localities in which the program is situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. VII. MINORITIES The Probation Department will not discriminate against any application for the Positive Difference Program because of race, color, religion, sex, or national origin. The Facilitator, by the same token, must ensure that program participants may not be refused acceptance therein, because of race, color, religion, sex, or national origin, unless professional evaluations indicate certain and explicit conditions exist for special programs. VOL-1 F PAGE a69 BRAZOS COUNTY, TEXAS Randy Si , County Judge and Brazo ounty Juvenile Board Chaic Douglas Vance, Executive Director Juvenile Services Department SERVICE AGENCY Portia Oliphant-Smith Facilitator Printed name of Service Provider 111221x Date Date Date a ~ m y P N a N N ~ o ; m 0 o ; m 0 O ; D m 0 a ; ? m O ; g m 0 s o 3 D m 0 o 3 m 0 0 3 m O O ; Z P m 0 5 s o ; ? m 0 m z s < Jt y x m z s < s z mx -1 < x m z x < F y m z K x -1 x m s < F x m z K f -I m z < JC -V L~ x 3 z < '1rC y x p m z S y ; x o < S O n y > C< a K O C K v < O < O K C O < O K O C K O m m m n m m m m m m m yn r ~ r ~ ~ n r ^ r ~ r n g r Q S m v I S n y o. mo m P F n n c 5 s ° ~ ' K ^ b K ~ ~ i T ~ O E K s 9 S p[( 1, S O m n y p i ~ ~ ~ ~ C N 2 «y. 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' x x e x e ~ ~ < O o y ° x m m O m O m O z z C a < D < Z m z A j y F o O m 2 O D 2 5r5i m " b' y 8 " " k'i y $ ffi F g o r f z a b b b" 8 8 8 8 8 8 $ o o 8 i c a s « m 0 $ 8 8 1 m M y _ S i m m m O <2 z z z z O L N A 3 O m ~ O O C m N ° ~ Z ~ O ~ y o n o A a I i to m o ~ ~ g m m m m m m m m m m m m m m~~ H X m r " OR m sg m R ° d 3 ~R m 0 m m v d r e r N _ Im , m yaO O w ; N MN W tp O m z a } y i g m O 888 888 Cj O 888 ~63 m y i L~ x m i BID TABULATION 2006.047 RENTAL OF EQUIPMENT WITH OPERATOR NOVEMBER 30, 200 5 - NOVEMBER 29, 2006 DESCRIPTION TEXCON YOUNG CONTRACTORS 1 CRAWLER-TYPE TRACTOR: MIN 140 HP MAKE & MODEUPER HOUR Cat D-6M 1$70.00 Cat D-6 / $110.00 MAKE & MODEUPER HOUR Cat D-61-1 1$75.00 MAKE & MODEL/PER HOUR Cat D-7H / $90.00 2 CRAWLER-TYPE TRACTOR: MIN 64 HP . MAKE & MODELPER HOUR Cat DdC 1$50.00 Cat D-31$100.00 MAKE & MODELIPER HOUR Cat D4H / $55.00 3 CRAWLER-TYPE LOADER:MIN 80 HP, 1-112 YD BUCKET MAKE & MODEUPER HOUR Cat 953 / $65.00 Cat 9531$160.00 MAKE & MODELIPER HOUR Cat 9631$75.00 4 WHEELED -TYPE LOADER, MIN 80 HP,1-1/2 YD BUCKET MAKE & MODELIPER HOUR Cat IT-241$60.00 Cat 924 / $80.00 MAKE & MODEUPER HOUR Cat IT-28 / $65.00 MAKE & MODEUPER HOUR Cat 950 / $80.00 MAKE & MODELIPER HOUR MAKE & MODELPER HOUR MAKE & MODEUPER HOUR MAKE & MODEL/PER HOUR ;OMPACTOR ROLLER-PADF MAKE & MODEL/PER HOUR 58 HP Bobcat 731 / $50.C Cat 613 / $70.00 Cat 12G / $60.00 Cat 226 / $75.00 Cat 613 1$'155.00 Cat 1401$110.00 MAKE: & MODEUHER HOUR Several / $50.00 Cat CS 5631$90.00 11 COMPACTOR ROLLER - PNEUMATIC TIRE;MIN 12 TON MAKE & MODEUPER HOUR Several 1$45.00 Cat PS 150 / $76.00 12 BACKHOE; MINIMUM 65 HP MAKE & MODELIPER HOUR Cat 416 / $45.00 Cat 416 or 420 / $92.00 13 BACKHOE; MINIMUM 65 HP W/HYDRAULIC HAMMER MAKE & MODEUPER HOUR Case 580 / $75.00 Cal 416 W/1000# Ham / $150.00 ~fGlxv a71 9L 17 DESCRIPTION TEXCON YOUNG CONTRACTORS 14 E XCAVATOR-TRACKHOE; MINIMUM 250 HP MAKE & MODELIPER HOUR Cat 320 / $75.00 Cat 3301$130.00 MAKE & MODELIPER HOUR Cat 330 / $95.00 15 P ULVERMIXER - SELF-PROPELLED MAKE & MODELIPER HOUR Cat SS 2501$90.00 CMI 6501$220.00 MAKE & MODFLIPER HOUR Cat RM 350 / $150.00 IV m ~.nnimvn~onwm-emu nwr..~~w MAKE & MODELIPER HOUR Broce / $35.00 Broce or Rosco 1$67.00 17 D UMP TRUCK -15 CUBIC YARD MAKE & MODELIPER HOUR Mack / $55.00 15o Tandem / $65.00 18 D UMP TRUCK - 22 CUBIC YARD MAKE & MODELIPER HOUR Mack I $70.00 22 c Tralor I $75.00 19 2 ' WATER PUMP WHOSE TO CONN PUMP TO TRUCK MAKE & MODELIPER HOUR Honda / $20.00 2' Pump 1$10.00 20 3 ' WATER PUMP WHOSE TO CONN PUMP TO TRUCK MAKE & MODELIPER HOUR Honda I $30.00 3' Pump / $15.00 21 F LAGMAN AND / OR LABORERS P ER HOUR $20.00 $36.00 22 D ELIVERY CHARGES N/C $20.00 Per Loaded Mile 2 hrs RECOMMENDA' COURT APPRO' AWARD DATE: N D n Z N ~ x = O 0 c. O lA C D 'U z O z lu ;u A m c --I O n O D n 3 r 3 N rn O z N O a t 3 m", r 40 0 n o O zz ° 90 D ' 2 c m H ~ N ~ 3 ^ o a r o = Q . t ' r. N c CD C2, C G ` c o m z v m w v 1 O r `'c n r o i Z f ~ z z BRAZOS COUNTY e COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 22, 2005 ITEM: Request from OSR Water Supply Corp. to construct 1650 ft. of water line installations in the south right of way of Homola Road. Site is located in Precinct 4. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be fumished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. ~oC mmissio er Carey County Engineer 0005-106 This Request is Approved M 1 Date: 2 , County Judge Precinct by Commissioners' Court REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 1'' (I ~p Formal notice is hereby given It t (applicant) Ds R WrRXC1' Lw(q &V to propose to place pe) - G within ✓across- the right-of-way of (road) rn ~a in Brazos County, Texas as follows: G5o The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the& day of dU%Wt 06'. rF APPROVED BY COMMISSIONERS' COURT ON: l 2 Date S _ Randy/elms, County Judge Uk- 0At,j k0A, /e `l 7 X7.5 Phone: '"l7q &CM--605s PRIHODk RMER J s~ 6 ti69 uss R13810 j J 2e YAIOdA008LO8t ~ a0 Zca ti<eI 00 ¢m t O 46e °'~qF Q- 1b a 1 p" 00 xyo Cq ^by 1 2 00 eFC P o A ~_P'~~+<0005" 2F °lj ~scbo~ am S~ g'a ~ ~ QPO ~^OD' °a~ q>s Tb~m, aoaa 'PiPS~2 ° -y~hl N> ~ a ,p ~O s s e a• Oj eeRr R16570 L P~ 00~ Psi R16359 Op6'/00a% eiQ✓9'l~ a♦ y1, $ 0, S Fs am my ♦ ♦ OL9F¢ Nysar * °O`SO eESS~ a♦• my s 15ee°" ♦ q>P o ♦ `PP 0 1 _ s IL'6,Sg6 ¢e / A6~60 ♦ Q e ' LI .AMRONYJ ♦ / D ae ee 9mo9.ooozno9o e a m ee .ye ♦ ♦ ~ee r c ♦ ♦ 2~, d 0 0° C7 00 p~~ ♦e♦♦~A~ I 1°O V b 190 o 00o X I - O ~ tx~ y~ !1~ O ♦ PkPJ ~ 'PJ e ~ 1 a ~`~3j~ `9i` Psr • is oo. , s qr [ 70, 0 LO q_~♦~N o♦ b q OO d~OGO / ~00 <C 'Pr>a 4 qr's, 9 m '0 e r 7 S PS ae • 9°O\]° 49 I r Oi es q> °mr PrP e P / 4~<C~ 0$~0eR / a 00 ~2 / T q>~, BOO ~ / - 8g~e0 000~~9< 00070 OO%~~oG 6 S q> l 3 , 0000 c i O Off,` S ~i . o \ O Q°~ keJ z o /0 0 0\ O VOL PAGE a~