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HomeMy WebLinkAbout2006-10-10-9:00AM-REGULARY F11-ED Zouh oC t -b P 1 511 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA FRK C4 N', iVAS BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 10, 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 50: 3. Budget Amendment 05/06 -51.1 thru 51.4 4. Budget Amendment 06/07 -1.1 thru 1.5 5. Payment of Claims. 6. Personnel Change of Status. 7. Proclamation establishing October 2006 as Breast Cancer Awareness Month. 8. Discussion regarding a Ban on Outdoor Burning, and possible action. 9. Resolution designating the County Judge as the Authorized Official and Program Director and the County Auditor as the Financial Officer for the Indigent Defense Formula Grant submitted by Brazos County Brazos County Courthouse • 300 East 2e St. • Suite 106 • Bryan, Texas 77803 • Fax: (979) 823-6993 VOL 8-7 PAGE `19 Commissioners Court Meeting Agenda October 10, 2006 Page Two 10. Service Agreement with Tax Research & Recovery, Inc. for the purpose of evaluating Brazos County's telecommunication services and products as well as excise taxable goods and services. 11. Request from Charles Ellis, Justice of the Peace, Precinct 1 for permission to purchase one laser jet fax machine from the JP Technology Fund. 12. Request from Archie Clark, Constable, Precinct I for permission to purchase a laser radar for use in working traffic on State Highway 6 South and FM 2154 using contingency funds. 13. Contract with Brazos County Historical Commission for the 2007 fiscal year. 14. Out of state travel for Rick Davis, 272nd District Judge, to attend a Continuing Judicial Education Seminar in San Francisco, CA. Dates of travel are 10-12 October 2006. 15. Payment authorization to Flowers Baking Company (Butterkrust Bakery Inc.) in the amount of $246.00 from the Sheriff's Office. Invoice exceeded the amount of the purchase order. 16. Payment authorization to Flowers Baking Company (Butterkrust Bakery Inc.) in the amount of $199.26 from the Sheriff's Office. Invoice exceeded the amount of the purchase order. 17. Tax Refund Application for Carrie Franzetti. 18. Amendment to the contract for construction manager services with Patterson Architects for the design of the new County Administration Building. 19. Addendum to the contract with Patterson Architects and JaCody Construction for the scope of the work on the old Justice of the Peace, Precinct 3 building, adding additional work related to storage and backup computer servers (previously tabled). 20. Contract with McCreary, Veselka, Bragg & Allen, P.C. for the collection of delinquent fines and fees assessed by the courts. 21. Resolution authorizing an additional 30% fee for collection costs on fines and fees. VOL Z~ PAGE g0 Commissioners Court Meeting Agenda October 10, 2006 Page Three 22. Lease agreement with Documation for a replacement copier for Justice of the Peace, Precinct 2, Place 1. 23. Contract with The Eagle for classified advertising. 24. Award of Bid 2006-042, Hot Mix Asphaltic Concrete Pavement, to Primary Vendor - Young Contractors and Secondary Vendor - Texcon. 25. Award of Bid 2006-043, Culverts, Various Types, in accordance with the recommendations of the Purchasing Department. 26. Award of Bid 2006-045, Aggregate for Surface Treatment, to Colorado Materials. 27. Renewal contract with Bell County for Juvenile Residential Services. 28. Renewal of maintenance agreements through SunGard Pentarration for the Informix Standard Engine Runtime, Client SDK Development, SQL Development, and Standard Engine Development licenses for the 2007 fiscal year. 29. Requisition 00010867 from the Information Technology Department in the amount of $10,548.00 to Reed Elsevier for access to the LexisNexis accounts for the online legal library for the 2007 fiscal year 30. Requisition 00010870 from the Information Technology Department in the amount of $13,390.00 to Reed Elsevier (LexisNexis) for monthly online charges. 31. Requisition 00010956 from the Information Technology Department in the amount of $4,800.00 to Managed Network Solutions for internet access for the online legal library for the 2007 fiscal year. 32. Requisition 00010987 from the Information Technology Department in the amount of $186,000.00 to The Software Group for annual support for the 2007 fiscal year. 33. Renewal of the Cognos, Optio, 4Js Complier, and 4Js User licenses through SunGard Pentamation for the 2007 fiscal year. 34. Contract with Fujitsu Computer Products of America, Inc. for warranty coverage of eight high-speed scanners. VOL Commissioners Court Meeting Agenda October 10, 2006 Page Four 35. Renewal of the software support agreement with SunGard Pentamation for the Fixed Assets Manager, Human Resource Manager, Position Control Manager, Warehouse Inventory, Personnel Budgeting and Fund Accountant Modules for the 2007 fiscal year. 36. Renewal of software support agreement with SunGard Pentamation for a custom software enhancement for the 2007 fiscal year. 37. Renewal of the software support agreement with SunGard Pentamation for the Cash Receipts Manager Module for the 2007 fiscal year. 38. Agreement with Hewlett-Packard for hardware and software support of the critical systems in our data center. Term of agreement is 11/01/2006 -10/31/2007. 39. Renewal of the license maintenance agreement through The Software Group for the IBM Universe Database licenses for the 2007 fiscal year. 40. Renewal of the software support agreement with SunGard Pentamation for Optio A/P Check Maintenance, Optic, Payroll Check Maintenance, FAM Load Jury Checks into Manual A/P Check Batch, HRM Sick Pool, Optic, Purchase Order, PUR Print Requisition with Approver, and the FAM Print User ID on PO custom software enhancements for the 2007 fiscal year. 41. Renewal of the license agreement through DynaSource for the LaserFiche software for the 2007 fiscal year. 42. Payment authorization in the amount of $165.84 to Bill Holland of the Information Technology Department for reimbursement of a conduit and drill bit purchased for the Maxwell Center cabling project. 43. Request from Ken (Earl) Havel for approval of the following variances to the Brazos County Subdivision and Development Regulations in the proposed Oakland Ridge Subdivision located in Precinct 1: a. lot size less than one acre b. lot width less than 70 feet c. minimum road right-of-way width less than 70 feet d. side lot utility easement and setback reduced to 7.5 feet e. construction of 20 foot wide alley(s) 44. Request from Verizon Communications to construct four road bores in the right-of- way of Gold Nugget (I in Rainbow Acres Subdivision) and Golden Trail (3 in Candlebrook Subdivision) for buried cable installations. Site is located in Precinct 3. VOL E7 rrz'ut 8a Commissioners Court Meeting Agenda October 10, 2006 Page Five 45. Request from Verizon Communications to construct two road bores and 551 feet of buried cable installations in the right-of-way of Rabbit Lane, beginning at its intersection with Woodville Road. Site is located in Precinct 2. 46. Request from Verizon Communications to relocate (at Brazos County's request) buried communications cable in the right-of-way of Lakewood Drive and Westway in Lakewood Subdivision. Site is located in Precinct 4. 47. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right-of-way of Opersteny Road, approximately 500 feet from its intersection with State Highway 21. Site is located in Precinct 2. 48. Bryan Texas Utilities' cost estimate of $6,863.93 to relocate overhead electrical line (at Brazos County's request) on Royder Road at the Road & Bridge material and equipment yard. Site is located in Precinct 1. 49. Load posting on Thurman Road of "No Thru Trucks Over 30,000 lbs." Road is located in Precinct 2. 50. Granti of a right-of-way easement to Bryan Texas Utilities for an easement across a 81 acre tract of land owned by Brazos County located in Precinct 1. 1 d41 l 51. Announcement of interest items and possible future agenda topics 52. Call for citizen input and/or concerns 53. Agency/ Board/ Committee reports by Court members. 54. 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. V~L 9-7 Pn"u-[ 83 COMMISSIONERS' COURT REGULAR MEETING OCTOBER 10, 2006 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, October 10, 2006 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 Wassermann gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-51.1 through 51.4 that would reallocate funds for Juvenile Services, Brazos Center, C.O. Issue 2005, General Capital Improvement; and set up a budget for Illegal Dump Surveillance. 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 Vol ~7 Page 'S ' Commissioners Court meeting October 10, 2006 2 hereto. The Court next considered Budget Amendment #06/07-1.1 through 1.5 that would set up a budget for Illegal Dump Surveillance; reallocate funds for Juvenile Services, Brazos Center, Certificates of Obligation Issue 2005, General Capital Improvement. 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 next considered the following Claims as submitted by the County Treasurer for payment: 7024058 through 7024244 On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The County Judge read aloud a Proclamation designating the month of October, 2006 as "Breast Cancer Awareness Month". The Court joins with the American Cancer Society urging all Vol Page s Commissioners Court meeting October 10, 2006 3 citizens to learn more about this disease, to recognize the importance of breast cancer screenings, and to assist the women they care about to seek regular breast cancer screening. On motion by the County Judge, seconded by Commissioner Cauley, the Court moved to proclaim the month of October, 2006 as "Breast Cancer Awareness Month" throughout Brazos County. The next matter before the Court was to consider instituting a burn ban. Chuck Frazier, Emergency Management Coordinator, said the KBDI was very high at 645 mean but that the Fire Chiefs did not recommend ordering a ban because of expected rains. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to not institute a burn ban. The next matter before the Court was a resolution designating the County Judge as the Authorized Official and Program Director and the County Auditor as the Financial Officer for the Indigent Defense Formula Grant submitted by Brazos County. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt the resolution and to authorize the County Judge to accept such grant funds should they be tendered. The Court next considered rescinding the action taken on October 3, 2006 approving the service agreement with Tax Vol g7 Page 8~ Commissioners Court meeting October 10, 2006 4 Research and Recovery, Inc. The County is not paying the taxes this group is offering to collect. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to rescind the action taken on October 3, 2006 approving the service agreement with Tax Research and Recovery, Inc. The Court next considered a request from Charles Ellis, Justice of the Peace, Precinct 1 for permission to purchase a laser jet fax machine from the JP Technology Fund. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was a request from Archie Clark, Constable, Precinct 1, for permission to purchase a Laser Radar. This would allow them to assist the Department of Public Safety in working State Highway 6 South and FM 2154 to make the roads as safe as possible while they are under construction. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Historical Commission to actively promote the interest in and appreciation of the rich history of Brazos County. The Vol 97 Page 8 Commissioners Court meeting October 10, 2006 5 cost to Brazos County will be $3,600.00. The term of the contract is for twelve (12) months commencing on October 1, 2006 and terminating September 30, 2007. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Brazos County Historical Commission. A copy of the contractual agreement is attached. The next matter for consideration by the Court was a request submitted by the 272nd District Judge seeking approval for out of state travel for himself. Judge Rick Davis would be traveling to San Francisco, California to attend a Continuing Judicial Education Seminar October 10 through the 12, 2006. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the District Judge and approved payment of out of state travel expense for Judge Rick Davis. The Court next considered approval of a payment authorization from the Sheriff's Office to Flowers Baking Company in the amount of $246.00. The invoice exceeded the amount of the purchase order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a Vol 97 Page gg- Commissioners Court meeting October 10, 2006 payment authorization from the Sheriff's Office to Flowers Baking Company in the amount of $199.26. The invoice exceeded the amount of the purchase order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter for consideration was approval of a tax refund application from the following individual and/or company: a) Carrie Franzetti, Over Payment $1,597.09 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund application. The next matter for consideration was approval of an amendment to the Contract for Construction Manager Services between Owner and Construction Manager. This is between Patterson Architects and Brazos County for the design of the new County Administration Building. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the amended contract but strike paragraph 12.2 at the request of the Architect. A copy is attached. The Court next considered an addendum to the contract between Patterson Architects and JaCody Construction for the Vol 87 Page 89, Commissioners Court meeting October 10, 2006 7 scope of work on the old JP 3 Building for storage and IT backup. This will increase the total contract amount to $75,735.00. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the addendum to the contract. A copy of the addendum is attached hereto. The next matter before the Court was approval of a Contractual Agreement between Brazos County and McCreary, Veselka, Bragg and Allen, P.C. to provide legal services related to the enforcement of the collection of delinquent debts and accounts receivable. The term of the contract is for two years commencing on October 1, 2006 and terminating September 30, 2008. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with McCreary, Veselka, Bragg and Allen, P.C. A copy of the contractual agreement is attached. The next matter before the Court was adopting a resolution authorizing an additional 30 percent fee for collection costs on fines and fees. Article 103.0031 of the Texas Code of Criminal Procedure authorizes this action. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to adopt a resolution Vol 0 Page 17© Commissioners Court meeting October 10, 2006 8 authorizing an additional 30 percent fee for collection costs on fines and fees. A copy is attached. The Court next considered a Lease Agreement with Documation for a replacement copier for Justice of the Peace, Precinct 2, Place 1. The monthly rental fee is $162.35 with a rental term of sixty (60) months. The rental agreement can be renewed annually. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement. A copy is attached. The next matter before the Court was consideration of a contract for classified advertising with the Bryan/College Station Eagle. The advertising period is for one year beginning November 1, 2006 and ending October 31, 2007. The rates have decreased from $1.00 per line to $.88 per line. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered awarding Bid No. 2006-042, Hot Mix Asphaltic Concrete Pavement. Becky Stephens, Assistant Purchasing Agent made the following recommendation: Primary Vendor - Young Contractors Secondary Vendor - Texcon On motion by Commissioner Cauley, seconded by Commissioner Vol U Page g Commissioners Court meeting October 10, 2006 9 Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-043, Culverts Various Types. Becky Stephens, Assistant Purchasing Agent made the recommendations according to the lowest prices as per the attached Bid Tabulation Sheet. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assisting Purchasing Agent and award the contract as noted on the attached copy of the bid tabulation. The Court next considered awarding Bid No. 2006-045, Aggregate for Surface Treatment. Becky Stephens, Assistant Purchasing Agent recommended the bid submitted by Colorado Materials. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Colorado Materials. A copy of the bid tabulation is attached. The next matter before the Court was the renewal of a contract with Bell County for Juvenile Residential Services. The daily rate of a juvenile in detention and for a juvenile Vol 67 Page g a Commissioners Court meeting October 10, 2006 10 in the long term program is $105.00. Term of the contract is for the period of one year from the effective date. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered a request from the Information Technology Department (IT) to renew the maintenance agreements through SunGard Pentamation for fiscal year 2006-2007 for the Informix Standard Engine Runtime, Client SDK Development, SQL Development, and Standard Engine Development licenses. The cost of the agreements is $2,960.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was a request from the Information Technology Department (IT) to approve Requisition 10867 for $10,548.00 to Reed Elsevier for access to the LexisNexis accounts for Online Legal Library for fiscal year 2006-2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered a request from the Information Technology Department (IT) to approve Requisition 10870 for $13,390.00 to Reed Elsevier with LexisNexis and amendments to Vol 0 Page R3 Commissioners Court meeting October 10, 2006 11 the LexisNexis subscription plans 113CBZ and 113TB under the Master Agreement for Computer Assisted Legal Research pursuant to RFO #212-0-130. The monthly subscription rate for plan number 113CBZ will increase from $320.00 per month to $340.00 and the subscription rate on plan number 113CTB will increase from $600.00 per month to $690.00 per month. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered a request to approve Requisition 10956 from the Information Technology Department (IT) for $4,800.00 to Managed Network Solutions for Internet access for the Online Legal Library for fiscal year 2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was a request to approve Requisition 10987 from the Information Technology Department (IT) to The Software Group for $186,000.00 for annual support for fiscal year 2006-2007. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered a request to renew the Cognos, Optio, 41s Compiler, and 4Js User licenses through SunGard Pentamation for fiscal year 2006-2007. The licenses are Vol 91 Page Commissioners Court meeting October 10, 2006 12 required for the software used by the Auditor's Office to write custom reports against the financial data in Pentamation. The cost to Brazos County will be $6,898.16. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal. A copy is attached. The next matter before the Court was a request from the Information Technology Department (IT) to contract with Fujitsu Computer Products of America, Inc. for warranty coverage of eight high speed scanners. The scanners are used to scan high volumes of documents into the Criminal Justice System and into the document image management system. Cost to the county will be $16,155.00. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. A copy is attached. The Court next considered a request from the Information Technology Department (IT) to renew the Software Support Agreement with SunGard Pentamation for fiscal year 2006-2007 for the Fixed Assets manager, Human Resource Manager, Position Control Manager, Warehouse Inventory, Personnel Budgeting and Fund Accountant Modules. The cost of the Agreement is $16,621.28. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Vol 7 Page q 5 Commissioners Court meeting October 10, 2006 13 the request. A copy is attached. The next matter before the Court was a request from the Information Technology Department (IT) to renew the Software Support Agreement with SunGard Pentamation for fiscal year 2006-2007 for the Add Account Number to Receipt custom software enhancement. Cost of the renewal is $149.88. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. The Court considered a request from the Information Technology Department (IT) to renew the Software Support Agreement with SunGard Pentamation for fiscal year 2006-2007 for the Cash Receipts Manager Module. The cost to Brazos County is $1,040.00. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. A copy is attached. The next matter before the Court was a request to enter into a support agreement with Hewlett-Packard for hardware and software support of the critical systems in the data center. This is a consolidation and one year extension of the shorter support agreements approved. The term of the agreement is from November 1, 2006 through October 31, 2007. The cost to the County is $27,646.20. On motion by Commissioner Cauley, Vol 0 Page 94' Commissioners Court meeting October 10, 2006 14 seconded by Commissioner Peters, the Court voted unanimously to approve the request to enter into a support agreement with Hewlett Packard. A copy is attached. The next matter before the Court was a request from the Information Technology Department (IT) to renew the license maintenance agreement through The Software Group for the IBM Universe Database licenses for fiscal year 2006-2007. This is required for updates to the relational database management system underlying TSG. The cost to the County is $13,613.50. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. The Court next considered a request from the Information Technology Department (IT) to renew the Software Support Agreement with SunGard Pentamation for fiscal year 2006-2007 for Optio A/P Check Maintenance, Optio Payroll Check Maintenance, FAM Load Jury Checks into Manual A/P Check Batch, HRM Sick Pool, Optio Purchase Order, PUR Print Requisition with Approver, and the FAM print User Id on PO custom software enhancements. The cost to the County is $5,874.33. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. Vol 97 Page 97 Commissioners Court meeting October 10, 2006 15 The next matter before the Court was a request from the Information Technology Department (IT) to renew the license agreement through DynaSource for fiscal year 2006-2007 for the LaserFiche software. The cost to Brazos County will be $13,910.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. The Court next considered a request from the Information Technology Department (IT) to approve a payment authorization for $165.84 to Bill Holland for the purchase of a conduit and a drill bit for the Maxwell Center cabling project. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter before the Court was a request from Ken (Earl) Havel for approval of variances to the Brazos County Subdivision and Development Regulations in the proposed Oakland Ridge Subdivision. The variances are as follows: 1) allow lot size to be less than 1 acre 2) allow lot width to be less than 70 feet 3) allow minimum road right-of-way width to be less than 70 feet 4) allow side lot utility easement and setback to be reduced to 7.5 feet 5) allow construction of 20 feet wide alley(s) On motion by Commissioner Wassermann, seconded by Commissioner Vol 87 Page W Commissioners Court meeting October 10, 2006 16 Cauley, the Court voted unanimously to table consideration to allow the court to speak with an attorney concerning the variances. Mr. Havel pointed out that former Commissioner Tony Jones had done the same thing in the adjacent subdivision. The Court next considered the request from Verizon Communications to construct 4 road bores. One (1), in the right-of-way of Gold Nugget in Rainbow Acres Subdivision and four (4) in the right-of-way of Golden Trail in Candlebrook Subdivision for buried cable installations. The sites are located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon and authorized the installations. A copy of the request is attached hereto. The Court next considered the request from Verizon Communications to construct 2 road bores and 551 feet of buried cable installations in the right-of-way of Rabbit Lane beginning at its intersection with Woodville Road. The sites are located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Vol ~ -7 Page 9 9 Commissioners Court meeting October 10, 2006 17 Cauley, the Court voted unanimously to approve the request from Verizon and authorized the installations. A copy of the request is attached hereto. The Court next considered the request from Verizon Communications to relocate buried communications cable in the right-of-way of Lakewood Drive and Westway in Lakewood Subdivision. The cable will be relocated to the 16 foot utility easement. The sites are located in Precinct 4. The County Engineer stated that 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 Verizon and authorized the installations. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Opersteny Road approximately 500 feet from its intersection State Highway 21. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. Vol 8-7 Page i00 Commissioners Court meeting October 10, 2006 18 The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $6,863.93 to relocate overhead electrical line on Royder Road at the Road and Bridge Department material and equipment yard in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the Bryan Texas Utilities cost estimate of $6,863.93 for relocation of an over head electrical line on Royder Road. The Court next considered load posting on Thurman Road in Precinct 2 with a sign stating "No Thru Trucks over 30,000 lbs." On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the load posting signage. The next matter for consideration by the Court was the granting of right-of-way easement to Bryan Texas Utilities for an easement across a 3.6981 acre tract of land owned by Brazos County located in Precinct 1. The Court noted the typographical error on the agenda. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to grant the easement to Bryan Texas Utilities. There were no announcements of interest items and possible future agenda topics. Vol g-7 Page /o Commissioners Court meeting October 10, 2006 Under citizen input and/or concerns, the following spoke: Mary Ann Saenz, Texas Association of Counties a) Presented the renewal credit active work Compensation congratulated Department. Court with a of $23,955.00 on keeping claims down. the Risk check for a for the pro the Workers She then Management 19 Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He gave kudos to the District Clerk Office of Collections for having collected over one million dollars in 2005. Commissioner Mallard a) He was in Washington DC last week and visited with congressmen on the high speed corridor. There being no further business to come before the Court, the meeting was adjourned. Vol g-7 Page /O d The foregoing minutes of the Commissioners Court meeting held October 10, 2006 have been examined and are approved in open Brazos County, Texas. Court this the day of 2006, in Bryan, Randy Sim Lloyd Wassermann County dge Commissioner, Precinct 1 Duane Peters Commissioner, Precinct 2 1 c(a rey a y, Commissi ner, Preci c 4 Attest: a en McQueen County Clerk Kenny Mallard Commissioner, Precinct 3 Vol g-7 Page 10-~5 BRAZOSCOUNTY COMMISSIONERS COURT /a e DAY OF b4h-a~ 200/, AT f .'ov AM/9*4 Name Organization law,xc, C/r4,t.~i4~N/I') ~l /~ilr f~4++~n4 ~S LLL ACA VOL 87 PAGE /04 BRAZOSCOUNTY COMMISSIONERS COURT /oe DAY OF &Z- , 20 d6 AT 9 cPA4 Name Organization G v~ Sa~~Z 19 IA ~T ~1G1' ~ T(1 i- c- Les D a; 9 7 v r:lC !os BRAZOS COUNTY, TEXAS BUDGET AMENDbr2,L'(S) FOR THE 2005-2006 BUDGET YEA NO. 05/06-51.1 thru 05/06 51.4 On this the 10th day of October, 2006 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 October 10, 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 20, 2005 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of October, 2006. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Randy Sims, County Judge Original:" County Clerk's Office and attached to the original budget copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 91-7 PAGE 164 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 51.1 10/10/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4100 49094000 CR Proceeds from Tax Refunding B 6,005,000.00 4100 91960000 DR Refunds Certificate of Obli atio 5,810,000.00 4100 72590000 DR Professional Fees -Other 67,431.69 4100 85210000 DR C. O. - Interest 127,568.31 Debt Service Fund: To amend the budget to reflect and record the Limited Tax Refunding Bonds, Series 2005 that was issued on December 1, 2005. The bond was issued to redeem/retire Certificate of Obli ations, Series 1996 and would result an economic gain of $294,500. VOL 97 PAGE 107 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 51.2 10/10/2006 010450000 CR Office E ui ment Maintenance 5.34 FD rDistriet CCT PROJ DR/CR ACCOUNT NAME Increase Decrease 010342000 CR Furniture 6.12 010900000 DR Visitin - Co- uRe orters 11.46 Court: nds to cover the departmental sunnort rnst c VOL P PAGE 8' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 51.3 VOL 9-7 PAGE 107 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 51.4 10/10/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 67342000 CR Furniture 100.00 0100 30301100 65350000 CR Gasoline 341.00 0100 30301100 61801000 DR Travel 100.00 0100 30301100 61740000 DR Telephone 341.00 Constable Pct. 3: To reallocate funds to cover the travel and telephone costs. VOL 87 PAGE //o BRAZOS "OTTNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 06/07-1.1 thru 06/07 1.5 On this the 10th day of October, 2006 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 October 10, 2006 the Court heard and approved a budget amendment for the 2006-2007 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 12, 2006 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of October, 2006. THE COMMISSIONERS'_QOURT OF BRAZOS COUNTY, TEXAS. Randy Sims, County Judge Original: County Clerk's Office and attached to the original budget copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 91 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 1.1 10/102006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 48002000 CR BVCOG 16,036.10 3000 561000 67281000 DR Equipment- Electronic 16,036.10 I11e al Dump Surveillance: To set u the budget for a new ant to install surveillance cameras for illegal dump sites. The rant was set u in FY2006 b Budget Amendment No. 47.3. But the equipments were backordered and couldn't be delivered b 9/30/06. So we have to reset u the rant in FY2007. VOL 97 PAGE !ia BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -1.2 10/10/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 71520000 CR Rental - Vehicles 300.00 0100 31000100 67281000 CR E ui ment - Electronic 11 260.00 0100 31000100 65050000 DR Building Maintenance 560.00 11 Juvenile Services: To reallocate the budget to building maintenance line item. Currently there is no budget in this line item. I VOL 97 PAGAE 113 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS 97 /14 No. 06/07 - 1.3 in/10/7.W6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 1.4 10/10/2006 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 4205 63420500 80101000 CR Building Renovation 40,804.67 4205 63420500 67342000 DR Furniture 2,896.08 4205 63420500 60360000 DR Furniture 37,908.59 C. O. Issue 2005: To reallocate the budget to over the furniture costs that will be incurred by IT for Maxwell Center. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -1.5 i nia niznnfi PERSONNEL 4 V/ CHANGE OF STATUS REQUESTS Commissioner Court Date: October 10, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on i Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Barlen, Lacey New Hire SO/Jail Pitmon, II, William Resignation Duran, Diane Salary Increase Aldridge, Patricia Salary Increase Boxley, Ahnjayla Salary Increase Walker, Reginald Salary Increase Rodriguez, Javier Salary Increase Wyatt, Larance Salary Increase Phariss, William Salary Increase Walker, Jimmy Salary Increase Hampton, Donna Salary Increase Holmes, Allen Salary Increase Cooper, C.E. Salary Increase Dungey, David Salary Increase Hehl, Lawrence Salary Increase Menefee, Joseph Salary Increase Wyatt, Jonathan Salary Increase Rosales, Carlos Salary Increase Morton, Jason Salary Increase Robinson, Eric Salary Increase Gonzales, Jr., Joseph Salary Increase Kuchinski, Jr., Paul Salary Increase Acosta, Jaime Salary Increase Andrews, Blake Salary Increase Foley, Curteshia Salary Increase McIlhaney, Andrea Salary Increase County Clerk Schumann, Jessica New Hire Approved in Commissioners' Court: October County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 97 ,nr T17 j BRAZOSCOUNTY BRYAN, TEXAS RESOLUTION Whereas, under the provisions of the Fair Defense Act, 77h Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the County; and Whereas, this grant program will assist the County in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this County; and Whereas, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assure that the funds will be returned in full to the Task Force on Indigent Defense. Now, Therefore, Be It Resolved and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and Be It Further Resolved that the County Judge is designated as the Program Director and contact person for this grant, and the County Auditor is designated as the Financial Officer for this grant. Adopted this the l Os' day of October, 2006. Randy Sims County Judge ATTEST: ' Karen McQueen, County Clerk Internet Submission Form After submitting the formula grant application on-line, the following Internet submission confirmation number was received: #200702120061017. This grant application submission was incco ce with the Commissioners Court resolution above. .111 Randy Sims County Judge Rmlaian 40"13 -'rl S BRAZOS COUNTY HISTORICAL COMMISSION 1200 GOODE STREET COLLEGE STATION, TX 77840 This contract is between the Brazos County Historical Commission and Brazos County, Texas for the period October 01, 2006-September 30, 2007 for FY 2007. Brazos County acting through the County Judge and the County Commissioners agrees to provide funding in the amount of $3,6000 for the Brazos County Historical Commission (BCHC) to enable the BCHC to actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County and by supporting other events that have the same goals.. The Brazos County Historical Commission annually requests funding to carry out its duties as a state mandated unit of the county and spends county appropriated funds to carry out the activities which the Texas Historical Commission encourages every county historical commission to carry out. The BCHC uses county funds to pay for markers only when there is no individual, group, or agency to pay for a marker that the BCHC feels is important to help inform citizens of Brazos County and others who may visit the county about some part of the rich history of Brazos County. The BCHC and the applying organizations, individuals, and businesses actively participate in the public marker dedications. We are becoming increasing successful in our efforts to have the media attend and report on these events. Any funds not expended by the BCHC during the calendar year for which the funds have been appropriated revert to Brazos County. Date approved and signed Charles R. Schultz Chairman BCHC 1997 EDITION #/Y AIA DOCUMENT I B151-1997 N Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 15th day of August in the year 2ta0 ThousarO and Six (In words,. indicate day. month and year) B £ T W E E N the Architect's client identified as the Owner: (Name, address and other information) Brazos - county 300 East 26th Street Bryan,.,TExas 77803 and the Architect: (Name, address and other information) Patterson Architects 701 South Texas Ave. Bryan, Texas 77803 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For the following Project: anclude detailed description.offtiact) Beovations to an existing facility Brazos County Administration Office 200 South Texas Ave BL m Texas. liertovations to include minor exterior ilrpmvements k3 nterior modifica approximte]:y 26,835 NSF. The work includes new fire sprinkler alarm system, hydraulic elevator and electrical outlets in morlifiie ~ opwvvc spaces. Existing HVAC units/Cal xtts will remain witlmtlnor dt c, prjc Wi!F The Owner and Architect agree as follows. VOL S7 PAGE I a O Copyright 1971, 19711, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- stantlal quotation of Its provislons without written permission of the AIA violates the States and will subject the violator to legal prosecution. copyright laws of the United YARNING: Unikwuad ph woapyktg yid t., US_ copyright laws and will subject the vIOIaW to larl prosecutlon. 01997 AIAO AIA DOCUMENT 01514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 173S New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE I ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional sldll and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11-5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 ?DEFINITION: - The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.5 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. ,.2.2 SCHEMATIC: DESIGN PHASE 23.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2,2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2-5 The, Architect: shall submit. to the Owner a preliminary estimate of Construction cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other doc- uments to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical, systems, materials and such other elements as may be appropriate. 23.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. g~ (a l WARNING: Unlicensed photocopying violates UJL cWyrlght laws and willsubject the vioktor to kgai pmsecutwn. Io. 0 01997 AIA® AIA DOCUMENT 0151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 ■ 2.4. CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. utvrler Architect 2.4.2 The 21driteet shall assist the -E) imi in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.43 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE - The Architect, following the Owner's approval of the Construction Documents and of the'latest preliminary estimate of Construction Cost, shall assist the owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final certificate for payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of ALA Document A2or, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as pan of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.63 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner `and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and ronsult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to Iiil act on behalf of the Owner only to the extent provided in this Agreement unless otherwise o, o modified by written amendment. o. .o 17-~ 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervalsappropriate 0 1 9 9 7 A I A O to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect AIA DOCUMENT B1SM997 in Article 12, (1) to become generally familiar with and to keep the Owner informed about. the ABBREVIATED OWNER- progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner ARCHITECT AGREEMENT against defects and deficiencies in the Work, and (3) to determine in general if the Work is being The American Institute performed in a manner indicating that the Work, when fully completed, will be in accordance of Architects with the Contract Documents. However, the Architect shall not be required to make exhaustive or 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 a a WARNING: Unlicensed Photocopying violates U.S. copyright Ines and vAN sublact the violator to legal Prosecution. continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.6 Except as otherwise provided in this Agreement or when direct communications have been specially authorized; the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such.. amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractors Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (z) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,. installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. V L 8~ e, _L r a3 .YARNING: Unlicensed pholocopyIng violates U.S. copyright laws nd will subject the violater to IeVI ptosecutbn. 0 0 O. 6 C= 01997 AIAO AIA DOCUMENT-.61511997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or. certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting documentation and data if deemed necessary by the Architect as provided Fin Subparagraphs 3aa and 3.3.3, for the Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owners review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final; Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. }ll{ 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and o reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings. When making such interpretations and initial decisions, the Architect shall endeavor to r--~ secure faithful performance by both Owner and Contractor. 01997 AIA® and AhAll not las liable fGF Pmults of inte;ppetatieas or decisions se Food-aped in geed &4 AIA DOCUMENT 8151-1557 ABBREVIATED OWNER- 2,6.17 The Architect shall render initial decisions on claims, disputes or other matters in question ARCHITECT AGREEMENT between the Owner and Contractor as provided in the Contract Documents. However, :the The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the of Architects intent expressed in the Contract Documents. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: unlkelsed photocopying violates U.S. copyright lays and will subject the violator b legal prosecution. I- I 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation aiml arbilre6ee as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.t The services; described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be,provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deemsthatsuch services described under Paragraph 3.3 are not required, the Owner shall; give pramptwntten notice to the Ardatectif the Owner indicates in writing that allot part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. > 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the owner and Architect. The duties, responsibilities and limitations of authority of project Representatives shall be as described in the edition of ALA Document B35z current as of the date of this Agreement, unless otherwise agreed. 3.23 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement 33 CONTINGENT ADDITIONAL SERVICES 33.1 lvfaldng'revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the :enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 33.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 33.4 Providing services in connection with evaluating substitutions proposed by the Contractoia and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. * after bidding R7 wAmular: Unlicensedphotocopying violates U.S. copyright laws and will sublet the violator to legal prosecution. lit{ o a v. .o ao a Ao° 01997 AIAO AIA DOCUMENT 81514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 33.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 33.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 33.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 33.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. Befer to Article 12, Paragraph 3.3.10 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owners needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.43 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3AA Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.45 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4-8 Providing coordination of construction performed by separate contractors or by the Owners own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate Ilj~ consultants retained by the Owner p 3.4.10 Providing detailed estimates of Construction Cost. o. o 00 ~.ao 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 01997 AIAO - AIA DOCUMENT 851-1997 3.4.12 Providing analyses of owning and operating costs. ABBREVIATED OWNER- ARCHITECT AGREEMENT 3.4.13 Providing interior design and other similar services required for or in connection with the The American Institute selection, procurement or installation of furniture, furnishings and related equipment. of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 97 =v is WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the vblaror to legal prwaaNon. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17: Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including' a Written program which shall set forth the owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. In ccmEnatati on with the Architect, 4.2 A The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owners other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a, representative authorized to act on the Owner's behalf with refer to Article 12, respect to the Project. The Owner or such designated representative shall render decisions in a Paragraph 4.3.1 timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, a o encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, od.oo dimensions and necessary data with respect to existing buildings, other improvements and trees; a n d information concerning a v a i l a b l e utility services and lines, both public and private, above and 01997 A I A S below grade, including inverts and depths. All the information on the survey shall be referenced AIA DOCUMENT B151-1997 to a Project benchmark ABBREVIATED OWNER- ARCHITECT AGREEMENT 4S The Owner shall furnish the services of geotechnical engineers when such services are The American institute requested by the Architect. Such services may include but are not limited to test borings, test pits, of Architects 1735 New York Avenue, N.W. g Washington, D.C. 20006-5292 --MARNING: Unlicensed Idwtoco" violates U.S. copyright laws and will wbiact the violator to legal prosasvdon. determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owners expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.. provided however, failure to provide such p~notiice'tshall riot re9. the Architect from his duties, ARTICLE 5 -~ONS~RUCTION COS abilities stated herein. 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor: and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall Ue included for market conditions at the time of bidding and for changes in the World` 5.13 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the respon- Ilj sibility of the Owner as provided in Article 4. O 5.2 RESPONSIBILITY FOR CONSTRUCTION COST ' 0 ° 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost ~a no and detailed estimates of Construction Cost; if any, prepared by the Architect, represent the r~ Architect's judgment as a design professional familiar with the construction industry.' It is 01997 "I " 7 40 AIA DOCUMENT 8151.1997 recognized, however, that neither the Architect nor the Owner has control over the cost of labor, ABBREVIATED OWNER- materials or equipment, over the Contractor's methods of determining bid prices, or over ARCHITECT AGREEMENT competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project The American institute of Architects budget or from any estimate of Construction Cost or evaluation or agreed to the prepared hY 1735 New York Avenue, N.W. Architect. Washington, D.C. 20006.5292 VV1. fJ ( Q7 p k ry ~ r l vZ O huC _ WARNING: Unlicansad photocopying vWates U.S. copyright lows and will subject the violator to lagd prosecution. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.23 If the Bidding or Negotiation Phase has not commenced within 9o days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .7 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary 4o comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS Of SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the ProjeAhall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged it of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. * for reasons other than the Architects' default or breach of contract, ~.a 8~ ~P -r roll -,4RNING: unlicensed photocopying violates Us. copyright laws and wig subject the violator to legal prosecution. ff O ~.o01997 AIAO AIA DOCUMENT-.81511997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 63 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign; delegate, sublicense, pledge or otherwise transfer any license-granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement . shall be subject to mediation as a condition precedent toeriiiHaliiin or•the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request HWY be made 1 with h alias of -d ,1 r arbitration but, in .Gh en... ediaUon_ hall proceed in advance of arkitFatiom w legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court o having jurisdiction thereof. C_ O CV_CEO 7.2 AR1,11RATiON 01997 AIA® E2.i Any , dispute ep other ryiev" iii qt*estien arising eut of or releed to this Agreement AIA DOCUMENT M51-1557 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute Claims, itisputes and eth„_....aaemin ....esiden betw etktha..agies.hat am not`esewed by of Architects J' L ll L a •J a b bi h' h imAess the par4ieB 11 henyise sh_ Wiwi 1735 New York Avenue, N.W. by Washington, D.C. 20006-5292 WARNING: unlicensed photocopying violates Us. copyright Iwn and will subject the Violator to legal prosecution. .1 Association currently in effect. The demand for arbitration shall be filed in writing with th er party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time aft a claim, dispute or other matter in question has arisen. In no event shall the demand for rtration be made after the dale when institution of legal or equitable proceedings based o ch claim, dispute or other matter in question would be barred by the applicable statute o Rations. 71.4 No arbitration arising out of or relating to thi greement shall include, by consolidation or joinder or in any other manner, an additional rson or entity not a party to this Agreement, except by written consent containing a spe O c reference to this Agreement and signed by the Owner, Architect, and any other perso or entity sought to be joined. Consent to arbitration involving an additional person or a ty shall not constitute consent to arbitration of any claim, dispute or other matter in qu on not described in the written consent or with a person or entity not named or therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an itional person or entity duly consented to by parties to this Agreement shallbespecifica enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be 73 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequencial damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project I Ij! is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time o c' schedules shall be equitably adjusted. X15 ° 83 If the Project is suspended or the Architect's services are suspended f o r more than 90 . 0 1 9 9 7 A I A consecutive days, the Architect may terminate this Agreement by giving not less than seven days' AIA DOCUMENT 5151-1997 ABBREVIATED OWNER- written notice. ARCHITECT AGREEMENT 8.4 This Agreement may be terminated by either party upon not less than seven days' written The American Institute of Architects notice should the other party fail substantially to perform in accordance with the terms of this 1735 New York Avenue, N.W. Agreement through no fault of the party initiating the termination. Washington, D.C. 20008-5292 g7 wAaNING: Unlicensed photocopying violates us. copyright laws and will subject the violator to Ivgal prosecution. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,-1*8 Off arfiffir t 1619F th " hi a t igl~ "id fWfif on termimtian is doe to the fault of the Owner. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12- 9.2 Terms ill this Agreement shall have the same meaning as those in the edition of AIA Document A2or, General Conditions of the Contract for Construction, current as of the date of this Agreement. *as atteried by the Owner 93 Causes of action between the parties to this Agreement pertaining to acts or failures toad shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for ads or failures to ad occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for ads or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9A To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of ALA Document A2ot, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors , assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project In such ev t l th d ' H . en , e en er shall assume the Owner s rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to o facilitate such assignment. lz~ ,aa O 1 9 9 7 9.6 This Agreement represents the entire and integrated agreement between the Owner and A I A O AIA DOCUMENT 81514997 the Architect and supersedes all prior negotiations, representations or agreements, either written ABBREVIATED OWNER- Or oral. This Agreement may be amended only by written instrument signed by both Owner and ARCHITECT AGREEMENT Architect. The American Institute 9,7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of Architects 1735 New York Avenue, N.W. of action in favor of a third party against either the Owner or Architect. Washington, D.C. 20006-5292 WARNING: Unikensed photocWying vk rates U.S. copyright laws and will subject the violator to legal prosecution. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 103 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services Refer to Artitle 12, and include expenses incurred by the Architect and Architect's employees and consultants paragraph 10.2.2 directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; refideAngs, models and meele l Y by the '"Tr the Finalln n ied by the A.fekit'"t Rd the ♦ _L • ua _.la .7 reimbursable expenses as designated in Article 12; .a other similar direct Project-related expenditures. 103 PAYMENTS ON ACCOUNT OF BASIC SERVICES Agreement n o o. o of ~~,~o 10.3.2 SubsequePA-Payments for Basic Services shall be made monthly and, where applicable, C a shall be in proportion to services performed within each phase of service, on the basis set forth in ° 1 s v 7 A I A AIA DOCUMENT 8751-1997 Subparagraph 11.2.2. ABBREVIATED OWNER- ARCHITECT AGREEMENT 1033 If and to the extent that the time initially established in Subparagraph 11.5.1 of this The American Institute Agreement is exceeded or extended through no fault of the Architect, compensation for any of Architects services rendered during the additional period of time shall be computed in the manner set forth 1735 New York Avenue, N.W. in Subparagraph 11.3.2. Washington, D.C. 20006-5292 9 7 33 WARNING: Unlicensed photocopyl% violates U.S. copyright laws and will subject the violator to legal prosecution. 103.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (r) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made ateni#r)3etr presentation of the Architect's statement of services rendered or expenses incurred. * thirty (30) days after 10.S PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owners authorized representative at mutually convenient tines. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of ( not applicable) Dollars (s ) shall be made upon execution of this Agreement and credited to the Owners account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article u as R8fer to Article 12 r part of Basic Services, Basic Compensation shall be computed as follows: paragraph 11.2.1.1 (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Me professional fee for -Basic Services shall be based on ten pecent(108.) of the Cost of~bnnstructio!n which' will include sitework, general, pluirbingr HVAC and electrical work which is to be awarded in a sincTle stioulatad stmt Onintract_ o `~O'LCA'C1° ~C! 01997 AIAO AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 $7 j 34 ,vARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: fifteen t Lenty forty five twenty percent (15 percent (20 percent (40 percent (5 percent (20 Total Basic Compensation: one hundred percent (too%) 113 COMPENSATION FOR ADDITIONAL SERVICES 113.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall be computed as follows: Project Architect 95.00/HR Mechanical Engineer 90.00/HR Intern Architect 55.00/HR Engineer in Training 55.00/HR CAD Technician 45.00/HR Administration 30.00/HR 113.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (T) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Project Architect 95.001M Mechanical Engineer 90.00/fIR Intern Architect 55.00/HR Engineer in Training 55.00/HR CAD Technician 45.00/HR Administration 30.00/HR 8 llj` F l d o o, 1 01997 AIA® AIA DOCUMENT 8751-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT rr gas 97 NARNING: unllu ed photocopying violates U.S. copyright laws and will su'bjecthe violator ro [ prosecution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1133 For Additional Services of Consultants, including additional structural, mechanunl and electrical engineering services and those provided under Subparagraph 34ag or identified in Article 12 as part of Additional Services, a multiple of one & one quarbe3' 1.21 tunes the amounts billed to the Architect for such services. (Identify specific types of consultants inArtide rz if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph to.26 and any other items included in Article 12 as Reimbursable Expenses, a multiple of one & one tenth (1.10) des the expenses incurred by the Architect, the Architect 's employees and consultants directly related to the Project. 115 ADDITIONAL PROVISIONS 115.1 If the Basic Services covered by this Agreement have not been completed within tv elve ( 12 ) months of the date hereof, through no fwA of he Architect. extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs io.3.3 and tL3.2. TL5.2 Payments are due and payable (30 )days from the date of the Architect's invoice. Amounts unpaid forty-five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate ilfnnvf - - - - - , , , (Insert rare of interest agreed upon.) *and penatted to be paid by the Owner under the law. (Usury laws;and requirmserus erecter the Fedmw 2tudr in LendirngAct, similes state and loco( consumer,,edit laws and other regulations at the Owner's andAmbitec[s principal places of Wsmess, the location of the hope ~dsewlrei may affect the w polity of this provisfoq, Specific legal advice shmW he obtained with respect to modification; and also regarding reyuumsents such as written disclosures or waivers) M-3 The;rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect- Q19971 ArA* L' AIA DOCUMENT 8151.997 ABBREVIATED OWNER- ARCHITECT AGREEMENT _ 8?~~~:_, 134 ::.FRIWG: UnftmsdplwtacFftvWw"US mprrW hws end VABsubb0 errvWdwM kVIp,$Ku M The Andrican Institute of Architects 1735 Nee York Avenue, N.W. Wash D.C. M06.5292 i; ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Refer to Addendum paragraphs 3.3.10, 4.3.1,10.2.2, 11.2.1.1, 12.1, kgZ, 12.3 12.4, and 12.5. This OWNE into as of the day and year first written above. Rangy Sims County jmdae (Printed name and title) 1 H I T E C T (Signature) a- Frrsrl A- Pat-Jf-j-rqOn Jr, Vice President (Printed name and title) 01997 AIA AIA DOCUMENT 81511997 ABBREVIATED OWNER- ARCHITECT AGREEMENT CAUTION: You should sign an original ALA document or a licensed reproduction. Originals contain the ALA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. WARNING: Unlicensed photocopying vlobtes Us. copyright taws and will subject the violator to legal prosecution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 ADDENDUM BETWEEN BRAZOS COUNTY AND PATTERSON * ARCHITECTS TO THE ABBREVIATED FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT (3151) 1997 EDITION ARTICLE 12 3.3.10 The Architect shall provide services by reporting all known building deficiencies to the Contractor for a period of one year from the date of Substantial Completion. Additionally, the Architect shall provide the Owner with written notifications of completed corrections. The one year period shall be extended for portions of work performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the work. The obligation under this Subparagraph 3.3.10 shall survive acceptance of the work under the construction Contract. 4.3.1 The Owner's representative to whom all communications shall be directed by the Architect and who shall fulfill the duties and responsibilities set forth in Article 4, shall be Pat Howard, 300 East 26 h Street, Bryan, Texas 77803 10.2.2 Reimbursable expenses shall be billed as follows: Mileage: 48 cents per mile Cost plus 10% for: postage, freight, film and development, long distance telephone and printing Large Format Photocopies: $2.00 per sheet Xerox copies: 15 cents per copy Blueprints: $2.00 per sheet Long-Distance Communications: cost plus 10% Other: Expenses not enumerated above shall be at cost plus 10% 11.2.1.1 For the purpose of calculating the Architect's compensation prior to the receipt of Final Construction Cost, the assumed cost of construction shall be One Million Two Hundred Eighty Seven Thousand Nine Hundred Twenty-Five ($1,287,925.00) Dollars. At the time the Final Construction Cost is determined, the Architect's fee shall be adjusted to the compensation stated in Article 11, Paragraph 11.2.1 12.1 The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory : $7 r 13 8' Addendum Between Brazos County And Patterson Architects Page 2 7$-. I~s losse requi from ~N-N ((~o` pE warn interpretations. The Architect, therefore will use his or her reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project.. The Ar utect however, cannot and does not warrant or guarantee that the client's Project will comply with interpretations of ADA requirements and/or requirements of other federal, state laws as they apply to the project The Architect will submit the construction documents to the Texas Department of Licensing and Regulation, Architectural Barriers Department (TDLR), division for review of ADA compliance. Correspondence to and from TDLR will be provided to the Owner. All work provided by the Architect after the initial submittal to TDLR shall be considered as an additional service and is subject to hourly rate. the fullest vision of i =.o r a or in cause or :tat errors or not e~ceeo the this A eni u by law, not wi any m total li ' 'ty, in the ate, s , Mph d of em, the and under the Own for y an all a of any tore w er ' g a way rela to the or the inclu ' but not ' to the :ussions, 'ct liability of tr nplied, f e Archi the Nyees, dents tan or v of or 12.3 "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 33 Guadalupe, suite 2-350, Austin, Texas 78701- 3943, Telephone 512/305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas civil statutes, Article 249a." 12.4 It is understood that the existing building may contain asbestos or products containing asbestos, as substance known to present health hazards. The Owner acknowledges that the Architects scope of services for this project does not include any services related in any way to asbestos. Should the Architect or .any other party encounter such materials on the jobsite, or should it in any way become known that such materials are present or may be present on the jobsite, or any adjacent areas, which may affect the Architects services, the Architect may, at his or her option, and without liability for consequential or any other damages, suspend performance of services on the project until the client retains a qualified specialist contractor to abate, encapsulate and/or remove the asbestos or asbestos containing materials and 87 139 Adc -ndum Between Brazos County And Patterson Architects Page 3 warrant that the ;obsite is in full compliance with all applicable laws and regulations. The Owner agrees to waive all claims against the Architect and his or her officers, directors, employees and sub consultants arising from or in any way connected with the existence of asbestos or asbestos-containing materials on or about the site. The Owner further agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Architect for any and all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising in any way from the existence of asbestos or asbestos- containing materials on or about the site, except for those damages, liabilities or costs attributable to the sole negligence o r willful misconduct of the Architect. The Architect shall not be responsible in any way for any safety precautions, including measures for the protection of the contractor or any subcontractor, nor for the protection of the public Such responsibility for safety precautions is and shall remain that of the Owner and the Contractor 12.5 This agreement is performable and enforceable in Brazos County, Texas. 87~ )4o AXTERS O N AIIC TTTECTS 7111 SOUL, "exas Avenue Bryan, Texas 77803 voice - 979 775 6036 fax - 979 779 0727 web-scow. patar ch. com Project Brazos County JP Complex - Pct 3 Project No. 2516 (2636) To Commissioners' Court Brazos County Courthouse 300 East 26th Street Bryan, Texas 77803 Attention: Hon. Randy Sims We Are Sending You The Following Items: Drawings Prints Specifications Shop Drawings For Your: Approval Review & Comment Use Information v TRANSMITTAL Date 19 October 2006 Re: Contract .s"s, a~jQ bl dl Change Order Samples product Literature Record Distribution to Others COPIIEESS DATE REV. NO. DESCRIPTION 1 1015/2006 Co Additional Services letter for JP-3 Complex Comment t Copy To: By: RidcRavey Un 87 PATTERSOr,~ ARCHITECTS 701 S.wh Texas Aye V,... Texas 97803 795 6036 5 October 2006 Brazos County Ms. Pat Howard 300 East 26th Bryan, TX 77803 RE: Proposal for Additional Architectural Services for JP Complex 2005-2516 (in house 2636) Dear hula. Howard: Patterson * Architects is pleased to present this proposal for Additional Architectural Services for the JP Complex in College Station. SCOPE OF WORK Your request for additional services is a change, which will increase the scope of work and price for the JP Complex Project. I'lus change involves remodeling of the old JP Building to improve the exterior appearance, upgrade the air conditioning, and other changes related to use of the building for storage and backup computer servers. Additional design services include is the site demolition, building exterior finishes, landscapin& limited interior renovations, a new roof, upgrades to the insulation, limited electrical work, new HVAC, and computer room improvements. The Owner shall provide the Architect with a basic program of space requirements and any preconceived design ideas. The Owner shall provide site information including site requirements such as plats, deed restrictions, topographic data, geotechnical reports, tree survey, etc. The Owner shall provide a current hazardous material survey for this property and be responsible for required abatement Patterson * Architects will investigate potential design concepts to establish the direction of the project, produce preliminary design sketches, and provide other information as required to communicate the preliminary design to the Owner for approval. A proposed construction cost, from JaCody Inc., is herein attached. This cost shall be reviewed and approved by the Owner prior to proceeding with the final construction documents. design for ow clrrliYrc•rr •ti tiitsirr g7 11 9 JP 3 Renovatioor:, Brazos County Page 2 `nce the preli minary design.has been approved, Patterson *Architects will prepaz a the final construction drarvi gs and outline specifications required for construction. ESTIMATED COST OF CONSTRUCTION The following is a proposed price for construction of the above project. This proposed cost is preliminary pending resolution of owners electrical and AC requirements for the computer server work. A firm construction estimate will be provided after Patterson Architects has had the opportunity to meet with the client to discuss construction types, code information, square footage and the diem's requirements. Total Proposed Construction Cost $77,687.00 ARCHITECTURAL/ ENGINEERING FEES For additional Architectural/ Engineering Services as described above, compensation shall be based on ben percent (10%) of the construction cost to complete the renovation. Using the proposed construction cost above, when broken down in phases, this fee would be invoiced as follows Design Development Phase zu;b Construction Documents Phase 60% TOTAL $4,661.00 We sincerely appreciate the opportunity to submit this proposal and look forward to working with you. Respectfully submitted., Barbara Patterson President ACCEPTED TE lL/(c'&k(, P CONTRACT FOR COLLECTION OF DELINQUENT FINES AND FEE ASSESSED BY THE COURTS OF BRAZOS COUNTY. TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § THIS CONTRACT is made and entered into by and between the COUNTY OF BRAZOS, TEXAS, acting herein by and through its governing body, hereinafter styled, "County", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA". 1. The County agrees to retain and does hereby retain MVBA to provide legal services related to the enforcement of the collection of delinquent debt and accounts receivable including: fines, fees, court costs, forfeited bonds, restitution and other amounts in accordance with Article 103.003 1, Texas Code of Criminal Procedure (hereinafter referred to in this agreement as Fines and Fees') pursuant to the terms and conditions in this contract. II. For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to be delinquent as provided for in Article 103.003 1, Code of Criminal Procedure. At least once each month on a date or dates agreed upon by the parties, the County will provide MVBA with copies of, or access to, the information and documentation necessary to collect the delinquent fines and fees that are subject to this contract. Whenever feasible, the County shall furnish the information to MVBA by electronic transmission or magnetic medium. The County shall be responsible for the receipting of the payment of all fines and fees collected pursuant to this contract whether received directly from the defendant or from MVBA. III. MVBA shall forward all cashier checks or money order payments made payable to the County and any correspondence from defendants directly to the County. Cashier checks or money order payments made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may also collect the amount due from the defendant by credit card or electronic draft which is deposited directly into the MVBA Trust Account. MVBA shall remit to the Court all payments in full received into the MVBA Trust Account, at least twice a month, along with an invoice detailing the docket number, name of defendant, amount paid to MVBA or Court, MVBA fee percentage and fees earned for each case. 14-4" IV. . . MVBA shall indemnify and hold the County harmless from and against all liabilities, losses and/or costq arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of MVBA's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of the County, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the County and MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. For the collection of Fines and Fees, the County agrees to pay to MVBA, as compensation for the professional services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, there is no fee due (0%) MVBA on the amount of collected by the Court on those cases in which the data files are transmitted to MVBA by electronic media. 2. For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the County as provided by Article 103.0031 of the Code of Criminal Procedure. All compensation shall become the property of MVBA at the time of payment. The County shall pay to MVBA said compensation on a monthly basis by check. VI. MVBA reserves the right to return to the appropriate court all accounts not collected within one (1) year of referral by the County, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. VII. The initial tern of this contract is two years, beginning on October 1, 2006 and continuing through September 30, 2008, with the County having an option to renew for an additional two year period. Either party may, without cause, terminate this contract at the end of the initial contract term or thereafter by giving the other party written "Notice of Termination of Contract" at least thirty (30) days prior to the intended termination date. In the event that the County terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the "Notice of Termination of Contract" and to payment of its fee, pursuant to Paragraph V of this contract for all amounts collected on accounts referred to MVBA. The County may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the County by MVBA. Contract for the Collecdon of Fines & Fees - Page 2 of3 VIII. For purposes of sending notice under the terms of this contract, all notices fiom the County shall be sent tc, MVBA by certified United States mail, McCreary, Veselka, Bragg & Allen, P.C., Attention Harvey M. Alleii,. A O. Box 26990, Austin, Texas 78755-0990, or delivered by hand or by courier, and addressed to: 5929 Balcones Drive, Suite 200, Austin, Texas 78731, and all notices to the County shall be sent by certified United States mail or delivered by hand or courier to the County of Brazos Attention: County Judge, Randy Sims, Brazos County Courthouse, 300 East 26`h Street, Bryan, Texas 77803. IX. This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. X. In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. The County has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the 29th day of August, A.D. 2006. COUNTY Randy VESELKA, BRAGG & ALLEN, P.C. A~x M. Allo, Attorney at Law Contract for the Collection of Fines & Fees - Page 3 of 3 w?L 9-7 rf, 1 q (p p E Op - 1 . oJ~Tr of $¢Ptio BRAZOSCOUNTY BRYAN,TEXAS RESOLUTION TO IMPOSE ADDITIONAL FEE FOR COLLECTION COSTS ON FINES AND FEES WHEREAS, the County of Brazos pursuant to Article 103.003 1, Texas Code of Criminal Procedure has entered into a contract with a private attorney for the provision of legal services for debts and accounts receivable such as fines, fees, restitution, and other debts or costs payable to the courts serving the County of Brazos; and, WHEREAS, Article 103.003 1, Texas Code of Criminal Procedure, authorizes the County of Brazos Commissioners Court that contracts with a private attorney for the collection of fees listed above to impose an additional collection fee in the amount of thirty percent on each debt or account receivable that is more than sixty days past due and has been referred to the attorney for collection; and, WHEREAS, the County of Brazos Commissioners Court has determined that it is in the public interests to ensure the prompt payment of delinquent court imposed fines and fees as provided by Article 103.003 1, Texas Code of Criminal Procedure; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF THE COUNTY OF BRAZOS THAT: In accordance with Article 103.003 1, Texas Code of Criminal Procedure, there shall be imposed on all debts and accounts receivable such as fines, fees, restitution, and other debts, or costs, payable to the courts serving the County of Brazos that are more than sixty days past due and have been referred to an attorney a collection fee of thirty percent of each debt or account. RESOLVED THIS 10'h DAY OF OCTOBER, 2006. Ranthy Sims County Judge ATTEST: Karen McQueen, County Clerk Resolution #06014 v 97 1 '1'7 RENTOR: DOCUMATION OF EAST TEXAS, INC. UMNOt" 4700 Elmo Weedon ,Suite 108 DOC College Station, TX 77840 T. 979.731.8500 New Ideas, New Solutions. F. 979.731.8586 DOCL&ANAGE RENTAL AGREEMENT 1. CUSTOMER COVENANTS. Customer covenants and warrants: A. It has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and B. There is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of the Customer to make its Base Payments (as set out above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the existence and powers of the Customer; nor is there any basis for any such action, suit, proceeding or investigation; and C. The equipment will be operated and controlled by the Customer and will be used for essential government purposes and will be essential for the term of the Agreement. D. Customer has not previously terminated a agreement for non-appropriation, except as specifically described in a letter appended hereto. 2. NON APPROPRIATION. In the event Customer is in default under the Agreement because: A. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of Customer's obligations under the Agreement during said fiscal period. B. Such non-appropriation did not result from any act or failure to act of customer. C. Customer has exhausted all funds legally available for all payment due under the Agreement. D. There is no other legal procedure by which payment can be made to Rentor. Then, provided that Customer has given Rentor written notice of the occurrence of paragraph 1. above thirty (30) days prior to such occurrence; Rentor has received a written opinion from Customer's counsel verifying the same within ten (10) days thereafter; and the Customer does not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location designated by Rentor, at Customer's expense, Rentor's remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, if any; and/or sell, dispose of, hold, use or rent the equipment as Rentor in its sole discretion may desire, without any duty to account to Customer. 3. SIGNATURES. Each signor (two if monthly payment exceeds $1,200.00) warrants that he/she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind Customer. Signor(s) for Customer further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Customer authorizing execution of the Agreement has been duly adopted and remains in full force and effect. Entity Name: 1o) a 20S u IEntity Name: By (Please Print): By (Plans Print): Signature: _ / signature: Title: P Date: ~j~ / Title: Date: 9 . F g _~a ae Air, ANI/i~l4T/O/1 New Ideas, Iottsw 3o/utJons. RELATOR: DOW MATPON of East Texas, Inc. 4700 elrno Weedon Rd., Suite 108 college Station, TX 77840 T. 979-731.8500 F. 979-731-8586 DOCUMANAGE RENTAL AGREEMENT INF CLIENT . O RMATION To Full Client Legal Name Carnact Person Installation She Key operator Brazos County Margaret Meece Street Address Tale Tale 300 E. 26th Street Suite 314 Justice of the Peace Precinct BOWSuiteRouang Telephone a Telephone Y 979 361-4370 City State Zip Code Faceimile Y Facsimile tf Bryan Tx 77803 lnMalkttion Address (e different from above) email email 300 E. 26th Street Suite 308 RENTAL EQUIPME NT INFORMATION Quantity Make Ram Descdption(orAcceasories) + 1 Ricoh Aficio 3025 w/Finisher 3 E 4 4 5 8 $162.35 60 • • • N/A 142 0191211 unless affo Monthly 4 M0N1XLI ► - • nclosed Annually • 6,000 • • 0.0136 • • 0 • • 0 • 0 • • 0 Consumable Supplies Included Unless Otherwise Indicated, Excludes Throughput Stocks and Staples BLACK Supplies Included ❑ No COLOR Su lies Included ❑ No A6REEMEM MIMBER All amounts exclusive of applicable tepee, SALES REPRESENTATIVE THIS AGREEMENT CANNOT BE TERMINATED EARLY. Joe Carver Tema and Conditions on reverse aids. Other Agreed Upon Addendum($) Include: A B ~ CLIENT ACCEPTANCE • - Company Name: Brazos County Nemar:D000MA77ONof East Texas, Inc. r By (Please Print): By: Signature, signature: 7NIe: U J Date: O Tlee: Cot' orate OffiCer Daa: GUARANTY TM umlarNgned unconditionaYyjolney. severally, and personally guarantee prompt payment of all the Client's obllgaeons. The Ranier i$ not tled. to proceed a u gNm or sMona other enti nnwtllsa before proceeding against mslw. Vvre weirs notice of saaptuww and all other notices ordemand of any tried to which ewe may be entitled. Ywa cauemtD nmy any extensions a motlm"tie satlon granted to the Client and the release and/or compromise of any obligations of the Client ar any other guarantors without releasing mahn ham mylour obligations. This Is a continuing guaranty and will remain In a fact In the event or mylour death and may be enforced by orfor the benefit of any assignee or successor of tie Rentor. Yores a all gro 11madlctlon and cosh reimbursements as stated In paragraph 17 an the reverse also apply to melee. BY (Please Prim): BY (Plasse Prim): Signature: Dan: signature: Date: DELIVERY AND ACCEPTANCE ru}tlpnMM has been raealvetl, pm in use, Is In goad working order and Is satisfactory. MI conditions and tamp of this agreement have been reviewed, acknowledged and an now Imvoeabls Net unconditional. By (Please Prim): Tlee: Signature: Date: g-7 : 14R DOCUMANAGE RENTAL MASTER AGREEMENT TERMS and CONDITIONS 1. AGREEMENT. You, the 'Client', agree to rem from us, the 'Renton, the personal property described under 'RENTAL EQUIPMENT INFORMATION; and in modified by Addendum to this Master Agreement from time to time signed by you and us (such property and any upgrades, replacements, repairs and additions re/emtl to as 'Equipment'), for business purposes only. You agree to all terms and conditions contained in this Agreement and any Addendum, which together are a complete statement of our Agreement regarding the listed Equipment ('Agreement') and supersedes any purchase order, agreement, or other documents. You authorize us to insert or correct information on this Rental Agreement including your proper legal name, credal numbers, and and other numbers describing the equipment. This Agreement may be modified only by written agreement and not by muse of perbrmence. This Agreement becomes valid upon execution by us and will begin on the rent commencement date and will continue from the that day of the following month for the number of consecutive months shown. The term will be extended automatically for suco ssive twelve (12) month terms unless you send us written notice you do not want it renewed at least ninety (90) clays before the antl of any tern. if any provision of this Agreement is declared unenforceable In arry Jurisdiction, the other provisions herein shall remain in full tome and effect In thatjurisdiction and all others. 2. RENT. Rem will be payable in installments, each In the amount of the basic rental payment shown plus and applicable sales tax, use tax, plus, if applicable, 1112th of the amount estimated by us to be personal property tax on the Equlpmem for each year of this Agreement You will pay a charge for inch image in excess of the image allowance, as indicated on the first page of the Agreement You will pay the security deposit. If applicable, on the date you sign this Agreement Subsequent Installments will be payable on the that clay of each rental payment period shown, beginning after 8ha find rental payment period. Ram payable for the morn of rent commencement shall be Prorated from the monthly rental amount set forth above. We will have the right to apply all suns, received from you, to any amounts clue and owed to us, under the terms, of this Agreement. In the event this Agreement is not fully completed, the security deposit will be retained by us to compensate for our tloo meraation, processing and other expenses. If for any reason, you check is returned for nonpayment, a $25.00 returned check charge will be assessed. 3. MAINTENANCE AND SUPPLIES. Maintenance is included for the listed Equipment Maintenance Includes. and is limited to, parts repair or replacement and associated labor, for service required as a result of normal wear and tear. Supplier, excluding throughput stocks and staples, are Included unless otherwise indicated. Work associated with Clienrs Information Technologies not listed on this Agreement, including but rat limited to Software, Computer, Data, Files, and Network is not covered by Remor, and Is billable to Client, Rentor is not responsible for any damage to Climrs Information Technologies. Client is responsible for all software Agreements and Rentor Is not a party to any such licamro. 4. OWNERSHIP OF EQUIPMENT. We, the Rentor, are the Owner of the Equipment and have ode title to the Equipment (excluding software). You agree to keep the Equipment free and dear of all firms and claims. 5. TAXES AND FEES. You agree to pay when clue all tams (including personal properly tax, fines and penalties) relating to this Agreement or the Equipment. If we pay any of the above for you, you agree to reimburse us and to pay us a processing fee for each payment we make on your behalf. than replacamem cost until this Agreement is terminated. You also agree to obtain a general public !iabllity Insurance policy from anyone who is acceptable to us and to include us in an insured on the policy. You agree to provide us certitimme or other evidence of insurance acceptable to us, before this Agreement begins or, we will enroll you in our property damage coverage program and bill you a property damage surcharge as a result of our increased administrative costs and credit flak. As long as you are current at the time of do loss (excluding losses resulting from acts of God), the replacement value proceeds received for the Equipment will be applied against any loos or damage as per paragraph 11. You must be current to benefit from the property damage surcharge program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF YOUR RESPONSIBILITY FOR LIABILITY INSURANCE COVERAGE ON THIS EQUIPMENT. 13. INDEMNITY. We are not responsible for any loss or injuries caused by the installation or use of the Equipment You agree to hold us harmless and reimburse us for loss and to defend us against any claim for loans or Injury mused by the Equipment. This Indemnity obligation will continua after the termination of this Agreement if the loss occurred during the tams of the Agreement 14. ASSIGNMENT. YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign, or transfer this Agreement, in whole or in part, without notice to a New Rentor. You agree that If we sell, assign, or transfer this Agreement either in whole or in part, me New Rentor will have the same rights and benefits that we have raw and will not have to perform any of our obligations. You agree that the rights of the New Renlor will not be subject to any dams, defenses, or set aft that you may have against us. 15. DEFAULT AND REMEDIES. If you do not pay any rental payment or other sum clue to us or other party when due or If you break any of you promisee In the Agreement or any other Agreement with us, you will be in default If any part of a payment Is late, you agree to pay a late charge of 15% of the payment which Is late or H less, the maximum charge allowed by law. If you are ever in default, we may retain you security deposit and at as option, we can terminate or mnml this Agreement and require that you pay. (1) the unpaid balance of this Agreement (discounted at 6%); (2) twenty-five percent (25%) of the manufacturers original list prim which represents our anticipated residual value in the Equipment; (3) and return the Equipment to us to a location designated by us. We may recover interest on any unpald balance at the rate of eight percent (8%) per annum. We may also use any of the remedies available to m under Article 2A of the Uniform Commercial Code (UCC) as enacted in the State of the Remor or its New Rentor or any other law. If we refer this Agreement to an sdornay for collection, you agree to pay our reasonable attorney's fees and antral court coats. If we have to take possession of the Equipment, you agree to pay the cost of repossession. The net proceeds of the We of any repossessed Equipment will be credited against what you core us under this Agreement YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You agree that any delay or failure to enforce our rights under this Agreement does rot prevent us from enforcing any rights at a later time. it is further agreed that your rights and remedies are governed exclusively by this Agreement and you wave Client or Customers rights under Article 2A (508-522) of the UCC. We reserve the right to remove any parts placed Into the Equipment during the preceding six months or any and all supplies previously provided by us. You agree this may render the Equipment Inactive. Disabling Equipment as described herein does not reduce your charges while the machine is disabled. 6. EXCESS IMAGES AND COST ADJUSTMENTS. You will submit true and accurate Equipment meter readings to Rentor for all Equlpmem by the end of the second work day of each billing period in any reasonable manner requested by Rentor. If Client falls to submit mater readings. Rentor may estimate meters and imiolce. At the end of the first year of this Agreement, and oraa each successive twelve month period ihereaaer, we may Increase the bass rental payment and the excess images charge by an amount not to exceed ten percent (10%) of the existing charge. 7. UPGRADE/DOWNGRADE PROVISION. We may review your image volume and propose options for upgrading or downgrading to accommodate you needs. 9. SECURITY DEPOSIT. The security deposit is non Interest beading and is to secure your performance under this Agreement. Any security deposit made may be applied by us to satisfy ary amount owed by you, in which event you will promptly restore the security deposit to its full annum as set forth above. If all mndPoons herein are fully complied with and provided you have not ever been in default of this Agreement per paragraph 15, the security deposit will be refunded to you aRerthe return of the Equipment in accordance with paragraph 10. 9. WARRANTY DISCLAIMER. WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE YOU HAVE SELECTED THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. 10. LOCATION OF EQUIPMENT. You will keep and use the Equipment only at the installation address shown and you agree not to move it unless we agree. At the and of the AgreemenPa term, you will return the Equipment to a location we specify at your expense, in retail res reeble condition, good and full working order, and In complete repair. 11. LOSS OR DAMAGE. You are responsible for the risk of loss or for any destruction of or damage to the Equipment No such loss or damage relieves you from the payment obligations under this Agreement. You agree to promptly notify us in writing of any Ion or damage, and you will then pay to us the present value of the total of all unpaid rental payments for the full rental term plus the estimated fair market value of the Equipment at the end of the originally scheduled term, all discounted at six percent (6%) per year. Any proceeds of Insurance will be paid to us and credited, at our option, against any loss or damage. 12. COLLATERAL PROTECTION AND INSURANCE. You agree to keep the Equipment fully insured against loss wino us as loss payee in an amount rot less 16. UCC FILINGS. You gram us a security Interest in the Equipment if this Agreement is deemed a secured transaction and you authorize m to record a UCC-1 financing statement or similar Instrument, and appdm us your aaomey-in- fact to execute and deliver such instrument in order to show our interest in the Equipment. 17. LAW. This Agreement shall be clammed fully executed and performed in the state of Rentor or Its New Renars principal place of business and shall be governed by and mrstrued in accordance with its Laws. If the Renlor or Its Assignee shall bring any judicial proceeding In relation to any natter arising under the Agreement, the Client Irrevocably agrees that any such matter may be adjudged or determined In any court or courts in the state of the Renlor or its New RmWs principal place of business, or In any court or courts in Client's state of reskimm, or in any other court having jurisdiction over the Client or assets of the Client all at the sole election of the Renlor. The Client hereby irrevocably submits generally and unconditionally to the jurisdiction of any such court so elected by Rentor in relation to such cedars. You walve trial by jury in any action between us. 18. TRANSITION BILLING. This Agreement is binding upon you on the date you sign the Agreement. The temp Is effective on the date you sign the Delivery and Acceptance (Effective Date). The tam of this Agreement begins on date designated by us after receipt of all required tlmurantation and acceptance by us (Commencement Date) and condnms for the number of months designated as "Tenn.' You agree to pay an Interim monthly payment in the amount of 1/30 of the montNy payment for inch clay from and including the Effective Date unlit the clay preceding the Commencement Dale. A 19879 E 19879 N 19879 819879 06101105 LSD The Mle CLASSIFIED LINE AD CONTRACT QASOZ COUNTY Advertiaery agree to publish a minimum of a lines per issue In the BryanfCOllege Station Eagle at a rate of .88 per line per day beginning Octaber 2008 and to expire on November 2007 for i12 months. Advertiser understands this contract will automatically renew for a like period of time, unless canceled, in writing, 30 days prier to the expiration of the current contract, by either party. Ad%iiertieer further understands that failure b meet 'requirements of contract publication days, minimum lines daily: will resit In forfeiture of contract and H11 ads billed at open rate. The advertiser will be guaranteed a set price per line for the contract period without regard to the number of lines/inches run -4 This contract rate Is based on nine column format. A carrying charge of 1 par month willbe charged on all accounts not paid In Full by the IS' day of the month following advertising Insertion. The Advertiser also oevenanta to pay all casts incurred by IN Eagle enforcing this Contract, tnclhdhhg collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment. Forvalus received, Advertiser assigns to The Eagle hit rights, title and interest to all layouts of advertisements placed with Thd Esoo which represent the creative efW of the newspaper andfor utilization of its own Illustrations, labor, composition or doterial. Advertleer understands that because of said assignment, he/she cannot authorize photographic or other repibduction of any such advertising layout appearing in The Eagle in any other publication without the wrltbn consent of TfreilEegle. It islfurther understood that this assignment does net prgdude Advertiser from supplying to other publications similar or idertilal malarial or information for production of ad"rdsements by such publications or from suggesting the convent or font such advertisements. If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall havt the right to revise this Contract so as to prorate Me available space on an equitable basis. (please print or type this section) ADWERTISER: BRAZOS COUNTY ACCT: 01102223 Addtess: Signed by: Perj.ons authorized to plan ad6 For !{•he Eagle: Brenda Garota (Director of Advertising) Tammye Mingo (Date of , TEXAS 77603 le I T R C x O C{ O # tit G) N a m r- D a m O , 4 c p ° a 09 < ° a z o o z c t~ K x O z y ° x O z r i . D 'O f7 z a fi. X C < o p m A 0 N.. 1 N t=a V V 3u 3u k 3 z w « v o y o °o 0 o z x m Z n b N -4 n i0 yy y Z O t' O O 3 rn O a , Z O M1t } i fll q j, P O O t D o o a t A o w u v~ i b O 3 ^ O o 0 0 z z ' x. D rn m O D W 0 o h m v * Z N ,Z D u+ « N c ~ N -1 C co < m u a N(D 0 w w o H 0 N o a n ® o 7 0 A ' `y 0 Z Z CL m DU 0) e`,' m m rn X > > 'N N C ° m o n x m 4 2 1 1 O 1 V, O - N O W O , I m a < (i 1 O y <D D1 4 N < 0 y H ° N ` ra <D F i ~t A ~ w 3 t O N O D t ~ N - N d ~ tK ~ o x o a w 3 A ~ O o ~ O N ~ K N d i ~ a, v i * L91 15~ TXRTS , PROD ITEM NO I I IN F EETCONTECH HOUSTON,TTX CTION I HOUSTONTTX I -WIELKHARTLSON 44 Truck Load Quan#ty $2,000.00 36,000 LBS N/A I 'HANSON - Minimum order is 36,000 Ibs **WILSON CULVERTS - PPO=priced per order and $2.000.00 Minimum Order Recommendation: Hems 1.10 Single Pipe Purchases -Wilson Culverts Truck Load & Sloped End Purchases - Contech Construction items 11 All Items to Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor items 12.14 All Hems to Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Items 15.22 All Pipe to Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor All Sloped Ends to Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Item 23 All Items to Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Items 24.28 All Items to Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor Item 29 Single Pipe Purchases - Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor Truck Load Pipe and Sloped Ends - Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Items 30.32 All Pipe to Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor Sloped Ends to Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Items 33.36 Received no quotes - Dept will secure quotes when these items are needed Items 37.39 Received only 1 bid from Hanson Pipe who requires a minimum order of 36,000 HIS - will secure quotes when making a purchase of these items Aluminum Corrugated Culvert & Pipe Items 1 -7 All Items to Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Hugger Bands (Re-Rolled) Items 1 -4 Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor Item 5 Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor Flat Bands Items 1,2 & 7 Wilson Culverts as Primary Vendor and Contech Construction as Secondary Vendor Items 3,4,5 & 6 Contech Construction as Primary Vendor and Wilson Culverts as Secondary Vendor *At any time Primary Vendor (lowest vendor) cannot fill order, may contact Secondary Vendor or (next lowest) to purchase RT APPROVAL: DAM A 97 Cl) D 3 D 0 n n O O N a o '~v ~ m ao m 00 m 00 n v a r 0 m o m v m O M z D o 0 o xy in ~ ~ ~ m CA A W o 0 n n _ r co U1 co 47 O ft f IV h O on C m co A l l O A c~ Q :.1 QQ 2 W r o W :N Q.1 s ~ 4 d } n i Y.. xz -rv O r ^ll ~ . W V 4 V -4 V -4 ♦I O 9 V/ c yO~ a Z 6 ISO THE STATE OF TEXAS COUNTY OF BELL BELL COUNTY JUVENILE FACILITY CONTRACT AND AGREEMENT This contract is between the Bell County Juvenile Board, acting through its duly authorized representatives and Brazos County acting through its duly authorized representatives. The facility serves as a pre-adjudication and post residential facility and has been duly inspected and certified as suitable for the detention of children. The facility is operated by Bell County. In addition to detention, the facility provides a long-term residential treatment program in accordance with the applicable Texas Juvenile Probation Commission Standards. The term of the Contract shall be for a period of one year from the effective date; if either party hereto feels in its judgment that the Contract cannot be successfully continued and desires to terminate this Contract, then the party so desiring to terminate may do so by notifying the other party in writing, (30) thirty calendar days from the date the Notice to Terminate is received. 2. The facility will provide program components, room, board, supervision and care (24) twenty-four hours per day. At a minimum, program components will include educational programs, counseling programs, and process groups. Additional programs provided for the long-term residential program would include anger management, life skills, and a substance abuse component. 3. The facility identifies goals and outputs for each long term resident and documents measurable outcomes which relate to program objectives. 4. The Contracting County agrees to pay the facility the daily rate of $105.00 per day for each day a juvenile is in detention and the daily rate of $105.00 per day for each day a juvenile is in the long-term program. Bell County will be responsible for accounting, billing, and payments for the operation of the facility and all contracting counties shall pay in accordance with directives of Bell County. 5. If emergency examination, treatment, or hospitalization outside the facility is required for a juvenile placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the Contracting County and to bill the Contracting County for the same. The s Facility Administrator or his representative will notify the juvenile probation officer within (24) twenty-four working hours of its occurrence. The Facility Administrator is further authorized to approve transfers to other tertiary care centers when the situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to secure medical services and approve the transfer. The Contracting County further agrees to reimburse Bell County for all medical expenses medically necessary to the health, safety, and welfare of the County's juvenile. 6. Each juvenile placed in the facility by the Contracting County shall be placed therein under proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of the facility. The Contracting County must remove the juvenile before the expiration of the order. If a juvenile from the Contracting County is accepted by the facility and such juvenile thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the juvenile or the other occupants of the facility, then upon such determination and notification by the Facility Administrator to the Contracting County, the Contracting County shall remove or cause to be removed such juvenile from the facility. 8. Acceptance of the juvenile into the detention facility will be determined by space availability. In the event overcrowding exists in the detention facility, Bell County maintains the right to ask the Contracting County to remove the juvenile(s). Contracting counties may reserve Post-Residential beds. 9. Under Section 231.006 of the Family Code, the facility certifies that the entity named in this contract is not ineligible to receive the specific grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 10. The facility adheres to all applicable state and federal laws and regulations pertinent to its provision of services. 11. The facility accounts separately for the receipt and expenditures of any and all funds received under this contract. 12. The facility maintains all applicable records for a minimum of three years or until any pending audits and all questions arising thereof have been resolved. 13. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or it's successor in the conduct c, +he audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 14. The facility will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed, race, color, sex, or national origin. This Contract is in lieu of all previous contracts between Brazos County and the Contracting County for these purposes. Said previous Contracts to terminate, become null and void, and be of no further force or effect on the date this Contract becomes effective. Effective October 1, 2006 thru September 30, 2007. Chairman, Juvenile Board Bell County Juvenile Court Judge Bell County Chief Juvenile Probation Officer Brazos County 97 W °i . LexisNexis• SUBSCRIPTION PLAN AMENDMJaSLG ENT FOR STATE/LOCAL GOVERNMENT Le>asNexis, a division of Reed Elsevier Inc. ("LN'), and Brazos County ("Subscriber') agree to amend the Subscription Agreement (the "Agreement") previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and conditions set forth below. 1. TERM The term of this Amendment (the "Amendment") will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation's if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber Is an existing LN customer, and will continue until 11/302008 (the "Term's. 2. AUTHORIZED USERS . This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating B1lgroups') set forth below. Only employees of Subscriber using Identification numbers Issued under the Participating Billgroups will be entitled to access the Materials and related Research Tools listed In Section 5.1 (the 'Preferred Pricing Materialsj pursuant to this Amendment 3. CERTIFICATION Subscriber certifies that on the date this Amendment Is signed by Subscriber there are _ users (judges, government professionals and total number of attorneys) In Subscribers organization. Throughout the Term, Subscriber will immediately notify LN in writing of any charge in the number of users, in which case LN may, in its sole discretion, increase or decrease the Monthly Commitment (defined in Section b.1 below) upon at least 30 days prior written notice to Subscriber. If the Monthly Commitment Is increased as a result of a change in the number of users In Subscriber's organization, Subscriber may, within 90 days following notice of such increase, terminate this Amendment upon at least 10 days prior written. notice to LN; otherwise this Amendment will remain In effebt Upon the request of LN, Subscnberwill recertify to the current total number of users. 4. MONTHLY SUBSCRIPTION CHARGE During the Tenn, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule's will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscribers payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Biligroups will be provided access to and use of certain Materials, identified below by source/menu number (the "Preferred Pricing Materials"), available In the lexis.comm service or the LN Online Services accessed via proprietary software (the "Classic Online Services'). If Subscriber is an existing LN customer and this Is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the PREFERRED PRICM MATERIl1r.5 SOURCENENU SHEPAROS NUMBER (a) Patriot Menu SBTFSC Full (b) Texan Flat Rate Menue CD017X (C) Texas Civil/Criminal Premium MTTX01 (d) TemFamil MTTXit (e) ❑ See attached Rider No.1 for adddional Preferred Pri cing Materials and saving to disk of Preferred Pricing Materials. COMMNMENTPE RpOS MONTFLYCOMMRMENT Beginning Activation to 11130105 $ 0.00 Beginning 12/01/2 005 to , 1113012006 837.00 Beginning 12/01/2006 to 11/30/2007 $ 879.00 Beginning 121012007 to 1113042008 $ 923.00 Beginning to $ Parbcr atin 13111 rou s may do offiine printing online printing~7=:s lea FUJITSU COMPUTER PRODUCTS OF AMERICA, NC. FUJITSU 1255 East Arques Ave, Sunnyvale, CA 84085 TIE P1391111111 E1 11 AE II FI IIT I ScanCare Service Program Description ScanCare is Fujitsu's Premium service offering which combines scheduled preventative maintenance, delivery of scanner consurnables and training with Basic on-site service including spare parts, labor and travel. ScanCare is available as an upgrade to the existing standard limited Warranty. ScanCare Plus is available in the post-warranty, period and can only be purchased in one-year increments. Several one-year increments may be purchased at one time. Service is available across the United States, except certain Hawaiian Islands and portions of Alaska. Fujitsu Technical Assistance Center 800-626-4686 TAC is available Monday Friday (excluding holidays) 5 a.m. to 5 p.m. PST Under this service offering, Customer may receive the following services and kits: On-she Break-fix rem:. - Each ScanCare maintenance program includes on-site becak-fix repair of Customer scamer, which includes span; parts, labor and travel for service of verified hardware failures. After a Technical Assistance Center (TAC) representative identifies a hardware problem, a service call will be opened and logged A Fujitsu Authorized Field Engineer (FAFE) will be dispatched to the product location to perform repair service if there is no security, safety or physical requirements that would restrict access to the product. On-site visits do not include preventative maintenance, maimeaance training, censumables and cleaning materials, troubleshooting of software configuration, applications or set-up. please refer to FCPA's Terms and Conditions. Cmsomables Kits -Each ScanCare maintenance program includes automatic delivery of consumable kit(s) to the end-user site, The number of kits depend on scanner model Note: The Consumable kits provided Customer during the maintenance period contain quantities of parts required for cleaning and maintenance care of the Product based on normal use. Should Customer require additional consumablc% Customer may purchase these parts by contacting a local Fujitsu rescller. Preventative Matintemnce Visits -A FARE schedules an on-site visit to thoroughly clean and replace any necessaryconsumable parts. Service will be provided during normal business hours at a time to be mutually agreed upon between the FAFE and Customer within 2 weeks of initiation User nainism - During the first Preventative Maintenance visit a FAFE will come on-site to provide Customer with operator training on routine scanner maintenance, consumables replacement, scanner features and basic scanner operation and troubleshooting. ScanCare SP 93GXIt 143490 gd53X g4940S M3096 EX/GX WINS EX/GXAEOG PM Sierra 1 t t 1 1 Wt Qnens 3 Pad Assemblies, 2 PI& 3 Pad Assemblies, 2Pid 5 Pad Aseernblies, 2 Pick Rogers. 4 Pad Aenenblies, 2 P,d, 3Patl ASeernblies 2RCk , Rosin, [haring K4• Rollers, geaning K9• Cleann9Kit• Rollers, Owed KO• rollers. Clearing KM M3091GE/DG M4097G Series, 447ML sssoc&157500 fi-47Mr. PM Events 2 2 2 2 Kit Conerle 4Pad ASS rthes, 2 Pick Rollers, 4 Pad ASeanblies, 2 Poor Rollers, 4 Pad Assemblies, 2 Pick Rollers, 3Pidc Rogers. 3Broke Rollers ClearrNsa- • Llassoog 14t Oftiong KIC shoeing 140 , M3oal EH/GH/EX/GX M409M Series, "woe 141160C PM Events 2 2 2 Kit Contene Somesm Plus: SeenCani SnnCare Plus: Ssencsred Scanew Plus: 3 Regular Kla and 3 Super Kit. 1 MUIli44ir hclum, 1 Multi-KI includes e Pad Assermtlies,l2Plek Rollers, 3 Spare ion 5Ped Assemblies, 5 RCk Roller Linda, 5 Bryce Rollers, 4 5Pad sssemblies 5 Pick Role, unite 5 Brake Rollers Belt., 3 Separation Bat Assemblies, 3 Seprmon Lamps. 5 pedectric 13uhes, 3 Doming Pals'' , , . 4Lamps 5 Cludeetric Rruehea 3 Cleaning KOs" Roller, 6 Lem s, 3 peann I4te" , , •Deoereneneyrrdta e-VoA.„.l.'4..nlnn ra. a_sw r .r..__. _ r••rv Chem Ckauk, s. nor nscu . -mki,Vgluna Dosahis Pats brefudafl 0i6 ,F2 ekanor, rYSenSlp ahasb,==Ing ebgy aAsWlk g Iso be adJimins, gaa Nast Business Day - A Fujitsu employed or professionally trained authorized service engineer will arrive on-site by the end of the next business day following the TAC verified hardware failure. 4-hmr Response Time Option - To better serve the needs of customers with business critical scanning applications, 4-hour Response Time is available for Fujitsu scanners located in select metropolitan areas. Please contact your service sales representative for eligibility and casts. If this option is purchased, our goal is to have a Fujitsu employed or professionally trained authorized service engineer on-site within 4-business hours following the TAC verified hardware failure. l(03 FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. FUdo 1255 East Arques Ave, Sunnyvaia, CA 94085 TIE 111 i 111 I I T I EI ilE IN E I II TE Excluded Services - The services provided under ScauCare are in addition to the Product warranty and are not intended to replace Customer's Product warranty. Term - The term of this service offering shall be one year from the date of purchase and is not activated until receipt of signed FCPA Service Contract Quotation. Renewal - Customer may wish to extend the warranty period for their scanner products by purchasing the ScanCam Plus service option for the second and consecutive years of Product usage. Should Customer discontinue service for any period of time in which suggested maintenance services were not performed, Fujitsu may evaluate the Product to determine if additional charges are required to restore the Product to current maintenance level, Warranty - Fujitsu warrants that all services will be performed in a manner that exceeds the professional standard for service. See Fujitsu's Service Term; and Conditions. ScanCare / ScanCare Plus Shipment & Visit Schedule Scanner Segment Service Type Shipment & PM Schedule PM Departmental SP93Gx, fi-4340C, fi-4530C, fi-4640C, Scancare Mo I: Kit; Mo 3: PM M3093 EX/GX/DEIDG M3096 EX/OX Departmental SP93GX, fi-4340C, fi-4530C, fi-4640G Somcm, Plus Mo 1 : Kit ; Mo 2 : PM M3093 EX/GXIDE/DG M3096 EX/GX Low- Volume M3097 DE/DG, M4097D Series, fi-47500, ScmCare Mo 1 : Kip Mo 3: PM; Mo 9: PM -47501, -5650C, -5750C Low- Volume M3097 DE/DG, M4097D Series, fi-4750C, ScanCare Plus Mo 1: Kit ; Mo 2: PM; Mo 8: PM -47504t-5650C, 5-5750C Mid- Volume M3099 Series ScanCare Plus Mo 1 : Super Kit & PM; Mo 3: Regular Kit Mo 5: Super Kit & PM; Mo 7: Regular Kit Mo 9: Super Kit & PM; Mo 11 I: Regular Yit Mid-Volume '-48600, -49900, M4099Series ScanCam Mo 1: Multi-Kit; Mo 3: PM; Mo 8: PM Mid • Volume I-4860C, -4990C, M4099D Series Scancare Plus Mn 1 : Multi-Kit ; Mo 2: PM; Mo 7: PM Services Not Covered On-site Service does not include the following: • Electrical work external to the product, repair or replacement of product or increased service time required due to casualty, accident, damage, acts of God, transportation, missing parts, neglect, misuse or abuse, operator error, failure of proper management or supervision, unsuitable physical operating environment, use of supplies or accessories not approved by FCPA or its Authorized Service Provider. • Service in connection with the installation, discontinuance or removal of the product. • Any service and/or parts replacement resulting from fraud, tampering, misuse or the uses of counterfeit components, assemblies or modules. • Accessories or missing parts, supplies, consumables and expendable items, or problems caused by those items identified as being the user" responsibility in the Periodic Routine Maintenance chapter of the User's Manual, nor does it cover relocation services, systems engineering services, programming, reinstallation of user operating systems or applications software, reconstruction of date, operational procedures due to any sort of failure to implement the most current software releases. • If any of the above services are required, they may be available at an Authorized Service Provider's current hourly rates and terms then in effect. SIGNATURE AUTHORIZATION METHOD (SAM) The Signature Authorization Method (SAM) may be used to order Hewlett-Packard Company (HP) Support Services ONLY IF A PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVERY AND REMIT PAYMENT. (1) Customer Information Company Name Equipment Location Address BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 (2) Contract Information - Check the HP Reference number to accept one quote, or the AMP ID to accept all quotes attached: [ ] HP Reference Number: 41319994 **AMP ID: ML135040133 Support Account Reference: BRAZOSDOINTOV Coverage Period: 11/01/2006 - 10/31/2007 **The enclosed Support Account Overview dated on 10/03/2006 summarizes the quotes contained within the above AMP ID. Please check if applicable: This contract is accepted with no revisions. If revisions are required, please contact your Contract Admin. A quote will be re-issued to reflect your changes and associated pricing, if any. A new SAM form will be provided for your authorization. [ ] Check here if your authorization is open-ended. This Support Agreement is for the period stated on HP's quote. It will be extended without modification by consecutive terms of 12 months unless one of the parties gives written notice in accordance with the underlying business terms prior to the end of the respective 12 months. If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are effective. Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this right of termination, this Support Agreement will be continued to the end of the current term with the modifications, and extended by consecutive 12-month term. Re-pricing will occur automatically without further authorization.*** (3) Tax Information 1 1 160 W~ [ ] Taxable X Tax Exempt Exemption # Attach copy of certificate) (4 Payment Method Do not enclose Payment. Please select one of the following: Bill me: Annually [ ] Quarterly(must exceed $2400 annually) [ ] Semi-Annually(must exceed $2400 annually) [ ] Monthly(must exceed $2400 annually) [ ] Charge my credit card. Check one: [ ] Visa [ ] Mastercard [ ] American Express Credit Card Number Exp.Date Cardholder Name(Print) Cardholder's Signature (5) Service Authorization and Terms and Conditions Customer's signature on this form constitutes authorization for HP to invoice Customer for the service represented in the document(s) refer ced i ction above. Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, F bi tt 'Can uires 30 days vyritten notice. Payment is due 30 days from HP's invoice date. AuthoriM Signature Ddte ' Invoice-To Address (if different from Equipment Location) CM-30-410Z 'PI+ R Sens Corr ~gL rs,,As@ Wlrix7u. 1 1-x,tk5 9'79.361-4503 Fx Printed Name Title E-mail Address Phone/Fax (6) Completed form should be returned to: Hewlett-Packard Company Dennis Woo 8000 Foothills Blvd 1-800-386-1115 X56168 Roseville, CA 95747 1-800.307-0361 (FAX) 87 llos Support Account Overview [hp: AMP ID: ML135040133 Special Terms and Conditions No: DIRBUSOP Customer Address: BRAZOS COUNTY DEPT OF IT 202 E 27TH ST STE 102 BRYAN TX 77803-3980 Hewlett-Packard Address: HEWLETT-PACKARD COMPANY 8000 Foothills Blvd Roseville CA 95747 . Customer Contact: A. LEE Tel: (979)361-4310 Fax: The quoted prices are valid for 90 days from: 09/2912006 HP Contact: Dennis Woo Tel: 1-800.386-1115 X56168 Fax: 1-800-307-0361 E-mail dennis.woo@hp.com For more Information on the format of this document visit www.hp.eum/go/hpsdocs Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exhibit E24. Your Support Access Options: - Visit our web site at < www.itrc.hp.com> for IT Professionals or < www.hp.com/go/bixsupport> for Business Professionals - Visit < www.escahpxom> to manage service agreement online or register to use Support Contract Assistant (SCA) - For Support, please call: 800-633-3600 Please have your Service Agreement ED and Product#/Serial# available to expedite your support experience. BRAZOSDOINTOV 1032 4378 7007 11/01/2006 10/31/2007 OV NT & XSYS (3Y6) 7,391.28 BRAZOSDOIRP5430 1032 6290 3743 11/01/2006 10/31/2007 USE4327N7N & USE4327N7P 20,254.92 Total Excluding Taxes 202 E 27TH ST., BRYAN, TX 77803 27,646.20 Summary of Charges Hardware Support 14,096.40 Software Support-Labor 7,061.88 Software Support-Materials 6,487.92 Total Excluding Taxes 27,646.20 Total excludes all taxes. If applicable, taxes will be added at the time of invoicing at the current tax rate. Total price includes all additions, deletions, warranties, discounts and adjustments if applicable. Refer to the detail document for any applicable state & local tax Please refer to the a ent schedule for vices to be invoiced earl in advance. ^+y sa as sy , g7 l6~ Support Account Detail Special Terms and Conditions No: DIRBUSOP Your PO Reference: CCRN Number: 0324378702 Equipment Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Hardware Contact: A. LEE Tel: (979)361-4310 Fax: The quoted prices are valid for 90 days from: 09/29/2006 Coverage from: 11/01/2006 to: 10131/2007 IIA107AC HP Software 24x7 Support Software Support HP Software Technical Unlimited Support Support Account Reference: BRAZOSDOINTOV HP Reference Number: 41319994 Software Update Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Software Contact: A. LEE Tel: (979)361-4310 Fax: [h SW Technical Support SW Electronic Support 24 Hrs Std Office Days 24 Ho Day 6 24 Ho Day 7 Holidays Covered 2 Hr Remote Response B6957BA HP Data Prot 61-250 Slots Library LTU 1 88.93 B6960BA OV Omniback 4.x all media & manuals 1 0.00 B6953AA HP Date Prot One Dry UNIXINAS/SAN LTU 2 92.30 86951AA HP Data Prot Start Pk for HP-UX DVD LTU 1 105.72 B6963AA HP Data Prot Windows/Netware/Linux LTU 4 36.92 B6961AA HP Data Prot Start Pk Windows DVD & LTU 4 47.00 HP Software Updates Service License to Use & SW Updates SW Updates on CD Doc Updates on Paper B6957BA HP Data Prot 61.250 Slots Library LTU 1 58.73 B6960BA OV Omniback 4. x all media & manuals 1 0.00 B6953AA HP Data Prot One Dry UNIX/NAS/SAN LTU 2 62.10 B6951AA HP Data Prot Start Pk for HP-UX DVD LTU 2 70.48 B6963AA HP Data Prot Windows/Netware/Linux LTU 4 23.52 Service Agreement ID: 10324378 7007 For Support, please call: 800.633.3600 IF:]` Special Terms and Conditions No: DIRBUSOP . ^ . Your PO Reference: CCRN Number: 0324378702 P.rgdyct No.+.. Description ,0Qt*I 0ciJtod i tj^ Prag lt`I;SD- Yf { B6961AA HP Data Prot Start Pk Windows DVD & LTU Discounts Multi-Year Hdr Disc%-8% SW Spec Neg DiscHdro/u -5% Pre Payment HdrDisco/ A% Summary of Charges Software Support-Labor Software Support-Labor Tax TX Software Support-Materials Software Support-Materials Tax TX TOTAL INCLUDING TAX Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing. Total price includes all additions, deletions, warranties, discounts and adjustments if applicable. 87 X68 4 30.24 58.71- 33.74- 15.60- 370.87 0.00 245.07 0.00 615.94 Support Account Detail Special Terms and Conditions No: DHtBUSOP Your PO Reference: CCRN Number: 0326290372 Equipment Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Hardware Contact: A. LEE Tel: (979)361.4310 Fax: The quoted prices are valid for 90 days from: 09/29/2006 Coverage from: 11/01/2006 to: 10/31/2007 Support Account Reference: BRAZOSDOIRP5430 HP Reference Number: 41319998 Software Update Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Software Contact: A. LEE Tel: (979)361-4310 Fax: Service Agreement HI: 1032 6290 3743 For Support, please can: 800-633-3600 HA109AC HP Support Plus Service Hardware Support - HP Hardware Maintenance Omite Support Hardware Problem Diagnosis Onsite Support Parts and Material provided 4 Hr Onsite Response 13 Hrs Std OfEc : Days Travel Zone 3 A6797B HP server rp5430 Enterprise Solution USE4327N7N 1 152.08 A6797B HP server rp5430 Enterprise Solution USE4327N7P 1 152.08 A6889A HP server rp2430 1-way 650MHz Solution USE4327N7S 1 35.49 A6890A HP server rp2470 Solution USE4327N7R 1 55.04 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320016 1 50.70 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320017 1 50.70 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320011 1 50.70 A6152A PA8700+ 875MHz CPU for HP server rp54X0 61720320015 1 50.70 A6696B Embedded UO for HP server rp54X0 system 1 0.00 A6696B Embedded 110 for HP server rp54X0 system 1 0.00 A6799A Processor Support Module for PA8700 CPU 6303061679 1 0.00 A6799A Processor Support Module for PA8700 CPU 6303060933 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6EG4249469 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6EG4249388 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6ED4249087 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6EO4249261 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6EG4249437 1 0.00 A5798A 1024MB High Density SyncDRAM Mem Module 6ED4249554 1 0.00 A6155A HP srvr rp5430 & rp5470 memory extender 6EO4196045 1 0.00 97 tGy Special Terms and Conditions No: DIRBUSOP Your PO Reference: CCRN Number: 0326290372 ~hP~a Product No. Description Serial No. Coverage Period Qty Price/USD from: W: A6155A HP srvr rp5430 & rp5470 memory extender 6E04229634 1 0.00 A6846A 36GB 15K HotPlug Ultra320 disk, rp54XO SG3HXOTBT7 1 0.00 A6846A 36GB 15K HotPlug Ultra320 disk, rp54XO SG3HXONINR 1 0.00 A6846A 36GB 15K HotPlug Ultra320 disk, rp54XO SG3HXOTJ6B 1 0.00 A6846A 36GB 15K HotPlug Ultra320 disk, rp54XO SG3HXOVC2J 1 0.00 A5557A DVD ROM Device for HP Svr rp54XO systems JPPI 120589 1 0.00 A5557A DVD ROM Device for HP Svr rp54XO systems JPPI120583 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059597 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059574 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059776 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059954 1 0.00 A5230A PCI 101I00Base-T LAN Adptr SNAC123UK5 1 0.00 A5230A PCI I0/100Base-T LAN Adptr SNAC123UER 1 0.00 A5230A PCI 10/100Base-T LAN Adptr SNAC123TCK 1 0.00 A5230A PCI 101100Base-T LAN Adptr SNAC123TDE 1 0.00 A6825A PCI IOOOBase-T Gigabit Ethernet Adpt HYLR4CD774 1 0.00 A6825A PCI 1000Base-T Gigabit Ethernet Adpt HYLR4CD779 1 0.00 A6825A PCI 1O00Base-T Gigabit Ethernet Adpt HYLR4CD79C 1 0.00 A6825A PCI 1000Base-T Gigabit Ethernet Adpt HYLR4CD79B 1 0.00 A5527A HotSwap Power Supply, Redundant System 1 0.00 A5527A HotSwap Power Supply, Redundant System 1 0.00 A5556A Field Rackmount Kit-slides rx5670 rp54xl 1 0.00 A5556A Field Rackmount Kit-slides rx5670 rp54x I 1 0.00 360519-1321 ProLiant DL145 1800 IF 2G ALL EA02MNM23C 1 11.59 360519-B21 ProLiant DL145 1800 IF 2G ALL EA03MNM23C 1 11.59 331196-B22 MSL60602-drvLTOFibreRM ALL 3G37LRT6BWW7 1 230.30 331196-1322 MSL60602-drvLTOFibreRM ALL 3G36LRTISVNH 1 230.30 189715-002 SANworks Mgmt App US D325FK34H048 1 93.43 Discounts Multi-Year Hdr Disc/. -8% 129.76- H W Spec Neg DiscHdr% -I8% 168.60- Pre Payment HdrDisc% A% 48.94- Software Support HP Software Technical Unlimited Support SW Technical Support SW Electronic Support 13 Hrs Sod Office Days 2 Hr Remote Response A6797B HP server rp5430 Enterprise Solution USE4327N7N 1 14.27 A6797B HP server rp5430 Enterprise Solution USE4327N7P 1 14.27 A6889A HP server rp2430 1-way 650MHz Solution USE4327N7S 1 10.07 A6890A HP server rp2470 Solution USE4327N7R 1 15.95 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320016 1 10.07 Please refer to the payment schedule for prices to be invoiced yearly in advance. Pdn oa: I010311* Pc s'%8 Form'4rAInto ?Itlgncon the Sormgt+ofthifdactithen ( Visit WWtY.~Ip GM g7,K Cf .r /70 Special Terms and Conditions No: DIRBUSOP Your PO Reference: CCRN Number: 0326290372 Product No. Description Serial No. Coverage Period Qty Pricc/USD from:. to: A6152A PA8700+ 875MHz CPU for HP server rp54X0 61720320017 1 10.07 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320011 1 10.07 A6152A PA870O+ 875MHz CPU for HP server rp54X0 6F20320015 1 10.07 A6795A PCI 2GB Fibre Channel Adapter 6A00059597 1 0.00 A6795A PC12GB Fibre Channel Adapter 6A00059574 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059776 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059954 1 0.00 B9091AC HP-UX HP9000 EOE w/o Sys PCL LTU 4 117.48 189715-002 SANworks Mgmt App US D325FK34H048 1 5.30 Please note HP can no longer support this item from: 12131/2008 HP Software Updates Service License to Use & SW Updates SW Updates on CD Doc Updates on CD A6797B HP server rp5430 Enterprise Solution USE4327N7N 1 13.42 A6797B HP server rp5430 Enterprise Solution USE4327N7P 1 13.42 A6889A HP server rp2430 1-way 650MHz Solution USE4327N7S I 10.07 A6890A HP server rp2470 Solution USE4327N7R 1 15.10 A6152A PA8700+ 875MHz CPU for HP server rp54X0 61720320016 1 9.23 A6152A PA8700+ 875MHz CPU for HP server rp54X0 61720320017 1 9.23 A6152A PA8700+ 875MHz CPU for HP server rp54X0 61720320011 1 9.23 A6152A PA8700+ 875MHz CPU for HP server rp54X0 6F20320015 1 9.23 A6795A PCI 2GB Fibre Channel Adapter 6A00059597 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059574 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059776 1 0.00 A6795A PCI 2GB Fibre Channel Adapter 6A00059934 1 0.00 A5230A PCI 10/I0013ase-T LAN Adptr SNAC123UK5 1 0.00 A5230A PCI 101I0013ase-T LAN Adptr SNAC123UER 1 0.00 A5230A PCI 10/100Base-T LAN Adptr SNAC123TCK 1 0.00 A5230A PCI 10/I0013ase-T LAN Adptr SNAC123TDE 1 0.00 A6825A PCI 1000Base-T Gigabit Ethernet Adpt HYLR4CD774 1 0.00 A6825A PCI I OOOBase-T Gigabit Ethernet Adpt HYLR4CD779 1 0.00 A6825A PCI IOOOBase-T Gigabit Ethernet Adpt HYLR4CD79C 1 0.00 A6825A PCI 100013ase-T Gigabit Ethernet Adpt HYLR4CD79B 1 0.00 89091AC HP-UX HP9000 EOE w/o Sys PCL LTU 4 201.36 B7993AA HP-UX Ili vl HP9000 EOE Media 2 0.00 B7993AA#ABA U. & - English localization 2 0.00 189715-002 SANworks Mgmt App US D325FK34H048 1 5.30 Discounts Multi-Year Hdr Disc% -8% 48.88- SW Spec Neg DiscHdr% -5% 27.56- Pre Payment HdrDisc% -4% 21.35- 'lease refer to the payment schedule for prices to be invoiced earl in advance. Priak4 Pail _ - - - . P.ga,a /8 >trot naas~?`,~~rig~t~rr o> tpe~ta~aaac at<au aacnfat;pt~'utf.www.hpxna~,aiaaa, ts7 1-71 [hP]® Special Terms and Conditions No: DIRBUSOP ^ • • ^ ' Your PO Reference: CCRN Number: 0326290372 Product No. Description Serial No. Coverage. Period Cry Pnce/USD from; to: Summary of Charges Hardware Support 1,174.70 Hardware Support Tax TX 0.00 Software Support-Labor 217.62 Software Support-Labor Tax TX 0.00 Software Support-Materials 295.59 Software Support-Materials Tax TX 0.00 TOTAL INCLUDING TAX 1,687.91 Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing. Total price includes all additions, deletions, warranties, discounts and adjustments if applicable. 'lease refer to the payment schedule for prices to be invoiced yearly or advance. P414,oa'I 066 _ _Puc 7 Cd ~O~uy~e~wrpxm`a3t~tt°an~Ge~#otrnwtror~tnp eacnrpent ~Pltw.~np,cartttg~[~r,I . 8~ 17a M M H 0 O N M A d 0 0 N ti M O ti O b O O N r-1 O H rl E 0 Y w F Y w 'O 0 Pr e S i m m d a O N en 0 .oy v m 'CO e P Tyler Technologies, Inc. The Software Group Division Purchase Agreement for Brazos County October 4, 2006 Ext. Price IBM UnlVerse License Maintenance Renewal for s/n 20409224 effective 11/1/2006 thru 10/31/2007 190 users $71.65 $13,613.50 Notes: Please submit a purchase order along with this agreement as soon as possible. Tyler Technologies Prepared by: Jennifer Kellner 6500 International Parkway Suite 2000 Plano, Texas 75093 (800) 966-6999 / (972) 713-3778 fax Attn: Jennifer Keltner To Authorize This Purchase Agreement 1) Review items for Accuracy 2) Complete'Bit To' and'Ship To' Information 3) Note any Special Instructions (i.e. expedite shipping, irtwice asap, etc.) 4) Attach Your Purchase Order (required for this purchase) 5) Sign and Fax to (972) 713-3778, Attn: Jennifer Kellner Prices valid for up to 30 days from date of issue. Brazos County Ship To Address Special Shipping or Invoicing Instrucfions (it applicable) Page i of 1 _$7 X74 tyl e r „wa rn Tyler Technologles, Inc. The Software Group Division _ 6500 _international Parkway, Ste. 2000 Plano, 7%75093 Tel: 972.71:.37?0 I'm 972.713.3777 rww.tyler-tsgtam UniVerse Software Maintenance Response Form October 4, 2006 Sudhakar Ramasamy Brazos County Information Technology 202 E. 27th Street, Suite 102 Bryan, TX 77803 Dear Sudhalkar: Our records indicate that software maintenance for the following IBM UniVerse user licenses is due to expire on October 31, 2006. 190 UniVerse user licenses - Brazos County s/n 20409224 Please indicate your decision to renew or discontinue UniVerse maintenance below and fax this document along with a copy of your purchase order to 972-713-3778 or mail it in the enclosed postage paid envelope prior to the expiration date above. Retain a copy for your records. A Renew IBM UniVerse software maintenance on the licenses above for one year, at the cost of $71.65 per user, a total of $13,613.50. ❑ Do not renew UniVerse software maintenance. I plan to renew maintenance directly with IBM, without involving TSG. ❑ Do not renew UniVerse software maintenance for the above listed user licenses. I understand that IBM will not issue UniVerse software upgrades without current maintenance and reinstatement of lapsed maintenance is subject to additional fees. Authorized Signature 4 ( Title: Yt Q e)f TF Print Name (If different than letter recipient): &C. V CA LE>t .JF-(,L Call me at 800-966-6999 or email iennifer.keltner@tvlerworks.com it you have any questions about UniVerse maintenance or the renewal quote above. Sincerely, Jennifer eltner Purchasing 97 l7S BRAZOS COUNTY, CO~%WISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 10, 2006 ITEM: Request from Verizon Communications to construct 4 road bores in the right of way of Gold Nugget (1 in Rainbow Acres Subdivision) and Golden Trail (3 in Candlebrook Subdivision) for buried cable installations Site is located in Precinct 3 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 Applicants responsibility to do so and to remove all cleared brush, trees etc. from county rightof-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 furnished 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: a4~ Richard F. Vance, P.E. County Engineer 0006-069 This Request is Date: /o APPROVED BY: Commissioner K n y Mallard Precinct 3 / Denied ❑ by Commissioners' Court Randy S)ibbs, County Judge $7 171 verizn Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 October 2, 2006 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5413-3POAODR which is scheduled for October 2006. If you have any questions concerning this work, please contact Joe Young at our office in Bryan, telephone 979-821-4303 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Jim Survant Supervisor - Network Engineer Q F t~ A-S A4" Vt o ~a/3'l? 1Qrc JS:ec Attachment VERIZON COMMUNICATION Notice of Line Installation October 2, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon Communications will make 4 road bores at a minimum depth of 48 inches. One bore will be on Gold Nugget Road in the Rainbow Acres Subdivision and the other three bores will be on Golden Trail in the Candlebrook Subdivision. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after October 25, 2006. VERIZON COMMUNICATIONS 5413-3POAODR Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 87 ►78" C 4y E r 3 55 3 bi z" ag es ma" ag P_ ~ E Y Q aa$8$B$$883~3 e ,'.~e7d~dd wd.~ P f10 p y6 mmYm v~ NNN ~N n NN~1~~ WC ua~ gf n 9 ~ a 9jf 2a292F8 S. i I I c m I VJ LtJ Hy 0- LL O LIJ a LLJ m still 0 03d 0 E 03d X33H0i3Hf I I n N•$11 tl1$ Cad/dpill I I I 8 m 1 N"' $7 i79 'N'0 a as 1H1 N30100 ~ T, L4 1j 2 0 i I o ~ - till 1- _ I^ J tll$ f W > - U 1 1 In ~ 1 w m i 1 1 yl m 1 i~ N 1 d f N py, ¢ ~ ~E B V V mm n N~ ^ ry1N n 1 tll ~/Y 1 1 Q N O ~ "N T X •u t!I W . . i ~ ti 1 c 1 ~ 1- W v O W i Z 22 1 0 1 m 1 1 V 1 J J i ¢ i N 1 F W i Q W 1 u IY n O U INS M a f ll i Il N1 I I~1 W w x = W LU 1 0: 7 I } a vi 'a W l U. 3 p V1 ^ > 3 i d J W a! 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In, xl l o ^ y 3 a e I l3 ~ ~ ~ Q Z a Y■ ~ ~ E w ¢ ~ v ¢ AE a ~i-3b4 by ~ t - y, X 2 ggd Y_ a~ ~ h °u 8 u > 3 r 3ga Y~r E b~ $ W- ~ W{ W W s 3' 12EyY 3B, ¢ w ¢ J 3 w Iw- > Y -3Y 5~~~ ll a4 G~ y~a 3fw837 T og O . ¢ a p I d m s w 3 0 p w W> u_ i W a w d ~ p 3 1. . ~ p LL co J d d; N Acn ' Fyn a \ O ~ i \ i N 3 1 BORE o cup /°,s ~~J "u47i 25 1 i O w r" wp d p~~O ~ N J `r (0 O J ;;FC CajjtT4M(P" Q' Ln co ca In O ~ J hrtC m M O J V O J (A 3 W O F- J J J Q F N w N W J co 7 J 0 Q z i.- N 1W N X W U W m O lr U W Z Q W CL N J CO W cr w } O V1 W Z a vai m > J W CC J J O Q Q CC) J W U J > Q W U W (n < cc o a °m w (r Q W N O Z BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 10, 2006 ITEM: Request from Verizon Communications to construct 2 road bores and 551 feet of buried cable installations in the right of way of Rabbit Lane beginning at its intersection with Woodville Road. Site is located in Precinct 2. 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 furnished 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: Richard F. Vance, P.E. County Engineer 0006-070 This Request Date: APPROVED BY: u Q0 Commissioner E. Duane Peters Precinct 2 / Denied 0 by Commissioners' Court Randy Silk, County Judge vert n Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 October 2, 2006 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413-3POAODQ which is scheduled for November 2006. If you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979-821-4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Jim Servant Supervisor - Network Engineer JS:ec Attachment / D/ 3/t~ la d UL 9-7 VERIZON COMMUNICATION Notice of Line Installation October 2, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon Communications will place a buried communications cable from an existing pedestal at the southeast comer of Woodville Road and Rabbit Lane, 501' north and then 50' west under Rabbit Lane to a hand hole in an existing Verizon easement Bores will be made under Rabbit Lane and under drive on east side of Rabbit Lane as shown on work print # 2 The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after October 25, 2006. VERIZON COMMUNICATIONS 5413-3POAODQ 1A olv~- a4'~ 9. Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 87 $s 09 113 974 I i~j 421 :B 119gr v \-T 974 8 ,w y t H. 1N / . I v. , v, u. m 61ee9 Holbo 49. 174 tFt~'S • ~ 199 N • t ~S7 l 8l~ m °m b m m m } mmNm NN nNNNN V 9 NIWV B N vd P ~ NN Na iN 00P B01f1 B" :tf 7 m NW NN ~ WN. N PNI•IWN P mNmm Nm NB ~Im•In~m mm NNN~' £NJVV yFI '16V N O~NLL N Q`PYm~ N ~ P m Nm m £N7U ~m I[1 NmN n~ l 'IU ~ FN6 VXKVX ~ £I•IQUV ® Q m N N m +d m m y '0 P N 1 O ~ N Nn N d mdN n 4l N b B Y [m•I B Nf Y1M N NmN:NpIV^HPN ; Z N N ' g my2~iy iFNI•1 9PW~NSN ~N S~~8N~nSN8P~ . XUXU XVXU... UXUXU ~ / p m, / ~mNmN ~ ~ ' N~NI(1 m rI / j/ % MAIM q N / IN•1 Im•IBN? b / IX iSNm X N m° w N X x B ° Z v a o • _ O m E Y J W CV ~ ° z Q a f W J f ° ° N . ~ Z X Q a N ° Q F W i w :a w ~ p J „ rl K O Q y ¢ F Z d a a i tt ~ b ° pu CL ~ a a i z N F : gy m N m N W o g m d 3 Lli N ° n m UJ w > u ~ j ~ J 1 0 3 ~ ~ n LL % / / Jf'O (F\\\ QUO O i / / / l ~ OO~ e w gyeee w lp`\ w M c~ y m 0- # w z 3 w z _I w W O 3 0 o~z N W W g u xoJ LL m z = W zou Q to w w Q N NmN3 J m Z~ w W v,o'a'uji co N U N£Nm U a u O a F- 3 CD (D LO CC) CV) ,i Z = Ij li' Z~- a LL. i.ns~ 0 167 DEPA RTMENT Road and Bridge NUMBER 66001000 DATE OF COURT MEETING: October 10, 2006 ITEM: Request from Verizon Communications to relocate, at Brazos County's request, buried communications cable in the right of way of Lakewood Drive and Westway in Lakewood Subdivision: cable will be relocated to the 16' Public utility easement. 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 furnished 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: Richard F. Vance, P.E. County Engineer 0006-071 This Req is Date: /E APPROVED BY: 40mmis ion Carey C ley Precin 4 W1 Denied ❑ by Commissioners' Court Randy Shed; County Judge ~ 185 verizon October 2, 2006 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5413-3POAODS which is scheduled for October 2006. If you have any questions concerning this work, please contact Anthony Vitanza at our office in Bryan, telephone 979-8214754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Jim urvan Supervisor - Network Engineer JS:ec Attachment d l~ I A-r Af, C9 t 97 tF? VERIZON COMMUNICATION Notice of Line Installation October 2, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Approximately 150' south of the intersection of JC Long and Lakewood Drive at the County's request, the cable along the west R.O.W. of Lakewood Drive will be relocated in most part in a 16' utility easement. At the intersection of Lakewood Drive and Westway, a cable will be placed across Lakewood on the south side of Westway with a 100' bore to eliminate drops in ditch line on Westway. At the end of the relocation on Lakewood Drive a cable will be placed from the north R.O.W. of Lakewood Drive to the south RO.W. being a 75' bore to eliminate running drops in road surface and ditch line. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after October 17, 2006. VERIZON COMMUNICATIONS 5413-3POAODS Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. 87 19c~ Ulty OT tsryan Iviap uutput rage Copyright 2004 City of Bryan GIS P.O.BOX 1000 Bryan, TX 77805 :LAIMER : This is a product of the City of Bryan GIS Department. The data depicted here have been oped with extensive cooperation from other city departments, as well as other federal, state and local nment agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise the use of this map. PRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with a rage I oT I ittp://gis.bryantx.gov/gislservletlcom.esri.esrimap.Esrimap?ServiceName=GENERAL_OVR_SERVICE_... 9/19/2006 N A Q 9L P.0 S 0 ~e Y W O U N T a N F N ~ x um'~ z « m F CS Z a J _ f N W r N 6 U p> m ¢ ~ a - " o x a N U ¢ 2 > LLJ U N Q W W¢ J O m W P Q x W m ¢ R 2 3 > Litz F yw 2 N 6 w N F Y Z j 2 ¢ b V > N G 3 p I m P l p~ ~ P N ~ 4m ~ Q N Z ° ~ p m g= '1' ry W > u rJ- F Q J m 1,~ a S > o a ~ o LL q mNNNN " OI~NNI~ yip p Nym0 S 1't - W W V co 0 M ! 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N m n n u N N Y u ~y m ~ N d F p w x Yml Z ~ x _ g _ O m E J W N f W Z « N 6 Q i ~ W o N 2 ¢ o a n ~ z x E in u Q o> ¢ o w « W m ~ ~ Z O GG > ¢ B N P' ~ 3 o j 3 Q P ~ Q ^ O N W W W W > u ti j Q «J, > 0 3 f " O W n 3 W W N / a I I ~ / P n tim m 14 22 m m N a I 1 g \ 13 bo O ~ O 1 ~ ~ I 1 1 I ~ I 1; 1 I 1 1 ip 1 I i 12 ~I 1 I J 1 I 23 N p~ a N ~ ~4m B~~NN p N ~N~IN'1 m H%X 24 n u a m m aid R e M N i° I• I~ I lie Is a pm a ~i fb N &oprv~ N Q~~m ~mpwm •v QV Y l' i Milo 1 q (b. I g; 10 m 91 IV ~ u zg r, SEE WP 4 I x ¢ x « a m G E j W N F u i a Q N ¢ ¢ O a i x a ¢ N U a « ] > w~ u N w w ¢x$$'^wz N > •W P N 3 P 3 ON G n Ya m N W W V y = W W > J > LL O S O w cc ¢ w r zz BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 660010 DATE OF COURT MEETING: October 10. 2006 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Opersteny Road approximately 500 feet from its intersection with State Highway 21. Site is located in precinct 2. 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 furnished 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: SUBIAITTED BY: _ APRROV Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 0006-072 This Request is Approved/ t3gd ❑ by Commissioners' Court Date: Randy Simg!County Judge ol$ ' I 0 ~q n J O I~ I! i I I' 0 I II ion! W p I ' i I 87 117 5 If) co a a 9 i U 0~ 2 3~ r N ~o ~ a REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) Waterline within- across a the right-of-way of (road) aaen/ 3caR apyRgTymV vnnn in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. 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 1Q day of nn.TnxFp 2006_. Firm; Wicl on Creek S ecial Utility District By: Title: General Manager Address: P. 0. Box 4756 Bryan, TeXas 87805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT ON', Date / Sims Aunty-judge /lj,ayv /7G C;Z BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 10. 2006 ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $6,863.93 to relocate overhead electrical line (at the County's request) on Roeder Road at the Road and Bridge material and equipment yard. Site is located in Precinct 1 Copy of Requisition No. 00011178 in the amount of $6,863.93 is attached SOURCE OF FUNDS: N/A PRESENTATION: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0006-073 This Request is Date: /Ie~v APPROVED BY: Comm(ssioner Lloyd Wassermann Precinct 1 0 by Commissioners' Court Randy SiTA, County Judge 7 PAGE SWAN TEXASU ILITIES W[FJ THE ENESGYTO SESVEYOU SINCE 1919 September 27, 2006 Linda Muegge Brazos County Road & Bridge 2617 W. Hwy 21 Bryan, TX 77803 Re: Royder Road Facility Line Relocation Dear Linda Muegge, Inv. #0609R09466 Your request to relocate an overhead electric line at your Royder Road Material Yard has been investigated. The estimated cost for this relocation will be approximately $6,863.93. As before, Bryan Texas Utilities will bill Brazos County on the actual "as built" expenses for this relocation. Once your approval has been given and the enclosed documents signed and returned to Bryan Texas Utilities, the job will be released for construction. Sincerely, Allen Kristof BTU-Line Designer 979-821-5730 akristofCilbtutilities.com P. O. Box 1000 Bryan, TX 77805 Phone: 979-821-5700 Fax: 979-821-5795 hftp:/A,vww.btutilities.com ~trlt 8'/ ..m aOO REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within- across x the right-of-way of (road) agent aazs nPggBTFNV B0en in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. 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 1Q day of nr.Toggg , 200fi_. Firm: -Wiycl on Creek S ecial Utility District By !u~ l Title: General Manager Address: B. 0. Box 4756 Bryan, Texas V7805 Phone: 979-589-3030 /O/f~w~ /GYM CZ vo(w R7 P,a r 0, 10 APPROVED BY COMMISSIONERS' - F-_-_ R 1 _ I I 1 I I N N ~ n I I I I 1 1 1 I I I I 1 I N O I I I 1 I I I I I 1~r Q 1 : I I I I I I I I I 1 \I It lP \ a N =x._87 PA E ~a o a N 0 O N W_ J_ > 0c) t 2 O W Z Z ~ F w w w x Z Vn O N ON = Q o. a < n J 0 W W ^ W O ~N QN QN U7 W -t o O QNNO QON~ Q- 0O _p JNN\on JNNtDM Ili C14 _ J W W J . _W W > . 41 N 1 D] V) _NVU'~NN SOWD(D0 d Z Z Of D p a 0 ° Z lD 0 z D It O r = cD > 00 00 O O m O N N U Q= 0 0 W N to ~ ~ tD ~ W O J W O N\ LQ ~a0 O N W O U N 01 _J F... WN H NtD Q-U. - a < O tD D NV1 p• - N oW Q.~NQ Q~ .7'1 Q m K O .1 In 0 3 J N N J N J N N O Q J Li J . W~O J ~N X V) -0 ~~~=i 00~ ~~~U)W W Z O W z z Z a 0 Z m Z Q F- a z z p Y Z U 0 zo- 00 0 n n 0 W) O J 0 w O< tl 0 wN Z (n J o W F- Q Q U O O LL) O 0~ U In / (D M a a KEY Investigate Number: 0609RO9466 STATE OF TEXAS) COUNTY OF BRAZOS} Map Number: 164-336 RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS That Brazos County, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of-way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property') is described as follows: (Describe only the part of Grantor's Property covered by this easement) BEING a 3.6981 acre tract of land lying in the Samuel Davidson Survey, A-13, Brazos County, Texas. Being more particulary described in Volume 5663 and Page 91 of the Deed Records of Brazos County, Texas. (herein the "Property") BEGINNING Seethe attached Exhibit "A". The width of this easement hereby granted is described as follows: See the attached Exhibit "A". (herein the "Easement") The Easement Area granted by this instrument (the "Easement") is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable of. number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Page 1 of 2 87 ;4 ao 3 IN Randy 2006. BDIE LOCKLEDOE WARY.t11111IlIM11100111M corru/I04 EXPIRES: JULY 6,, Aee7, STATE OF _ jn92t I COUNTY OF --i ? r> Before me, the undersigned authority, on this day personally appeared JZro(V ~trrl S whose name is subscribed to the foregoing instrument and acknowledged to me that h,,_ exec ted the same for the purposes and conside nDth'erein expre d. GGiv under my hand and seal of office this _IQ_ day of GY Frh¢r, AD 2006. I O~ ( ~t_X1LldP(-/) Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2006. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared subscribed to the foregoing instrument and acknowledged to me that executed the consideration therein expressed. Given under my hand and seal of office this _ day of _ Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2006. Notary Public/ State of Investigate Number: 0609RO9466 Map Number: 264-336 WHEREOF, the Grantors execute this instrument this !i day of day of whose name is for the purposes and AD 2006. same Page 2 of 2 g-7 rl• =1: ~o y a Nwv7- 0=w OF p Z N Z Z OJ W U)< Z F- Zw _jLLJ W F-m0tnrW O~wNOJ>- W _ QWwWa~~ w U~ Z S N O V) wZ> QW>wZ ¢WW~0~< W m W 0} w Q 0 O W O O N Q 7 o)- 0- azcnv5 Q M Q } Q W X F W H N U' F Q _ pof VI CL U Q Z Z) U>~-oW,r) O O o,0 U Nc0 jW m M 0D ON J Q J 0~ W > M Q N 3~t,£N'89! N rn g9 W o+ M N N t M M M N O z w w x O W Z O x a w O 0 (If CD 075 D O Q m x x } F- cD Z O U O ~ c0 01 O 0 O W U) O w W N ~ Q th ~ O O 6) m d' O Y Q a Q O O m x ~ Z < a 3 o Y O Q co 0 C) 0 Z U } n U of m O M n O O O M M O M N W F- J F- 4 a Q KEY ao DAMAGE WAIVER Bryan Texas Utilities ("BTU") has been required by the undersigned customer, or for other reasons, to dig a trench, to drill a hole for a pole or for any other designated purpose, or to perform work or service on or near the customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the customer. The undersigned customer agrees (1) to locate and mark any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the path of a ditch, and (2) to indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises or to any real or personal property of the customer (including animals or livestock or any kind) that may be located on or near the premises. The customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to enter into this agreement. Location: Signed: Date: Investigate # 0609RO9466 1 i;± S7 a o20fP