Minutes Packet

Transcription

Minutes Packet

ItMtBEQ \Q\5. PAGES
November 9, 2004
ON~'
DATE
NOTICE OF MEETING
FORT BEND COUNTY COMMISSIONERS COURT
7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS
TUESDAY, NOVEMBER 9, 2004
1:00 O'CLOCK P.M.
AGENDA
1.
Call to Order.
2.
Invocation and Pledge of Allegiance by Commissioner Patterson.
3.
Approve minutes of meeting of October 26,2004.
4.
Announcements and Public Comments.
5.
PUBLIC HEARINGS: 1:00 p.m.:
A. Conduct Public Hearings and take all appropriate action on the following matters:
1) Acceptance of the traffic control plan for Kingsbridge Village, Section 2, Pct. 3.
2) Acceptance of the Abandonment Order to abandon Lela Drive and Randolf Drive,
Precinct I.
3) Replat for roads within Southbelt Industrial Park, Section 3, Pct. 1.
4) Replat for reserves within Southbelt Industrial Park, Section 3, Pct. 1.
B. Conduct Public Hearings on the following matters:
1) Replat No.2 for reserves within Cinco Ranch West, Section 5 Reserve "D",
Precinct 3.
2) Replat No.1 for a lot and reserves within RSPB Subdivision, Pct. I.
CONSENT AGENDA ITEMS 6 - 27:
6.
OUT-OF-STATE TRAVEL:
A. Enter into record this modified out-of-state travel request for elected official:
Constable, Pet. 2: Change in travel dates for Constable Ruben Davis to Los
Angeles, California, November 11-17, 2004, to attend 111th Annual IACP
Training Conference. (Fund: 010-024-4014)
B. Approve out-of-state travel request for County personnel:
Engineering: William (Bill) Petty to Miami, Florida, December 5-10, 2004, to
attend the 19th Hazardous Materials Management Conference (NAHMMA) on
Household and Small Business Waste. (Fund: 043-4014).
7.
COUNTY JUDGE:
A. Approve renewal of Agreement between Fort Bend County and Hicks-Richardson
Associates for consulting services through September 30, 2005, for an amount not
to exceed $10,000. (Fund: 010-045-0450-4010)
B. Approve FY05 membership in the Texas Conference of Urban Counties and
authorize payment of annual dues in the amount of $8,735. (Fund: 010-045-04505030)
November 9, 2004
8.
COMMISSIONER, PCT.l:
A. Approve Project Agreement between Fort Bend County and City of Arcola to
provide assistance with drainage improvements, fabricating and installing signs
on city-owned Disney Street, W. Davis Street, Greg Street, Peach Street, and
Arcola City Hall, County expenditure not to exceed $1,350. (Fund: 105)
B. Approve Project Agreement between Fort Bend County and Needville
Independent School District to provide assistance with mosquito control on
district-owned property, County expenditure not to exceed $380. (Fund: 105)
9.
COMMISSIONER, PCT. 3:
A. Approve Agreement between Fort Bend County and Katy Area Economic
Development Council in the amount of $15,000 to perform certain economic
development services for the term of October 1, 2004 through September 30, 2005.
(Fund: 045-5030)
B. Approve the appointment of Commissioner Andy Meyers to serve as Fort Bend
County's representative on the Katy Area Economic Development Council.
10.
AUDITOR:
A. Approve transfer in the amount of $1,659,000 from Permanent Improvements
(010-042-0420-1070) $1,534,000 and Fees and Services (010-042-0420-4010)
$125,000 into Capital Project line items as detailed on Auditor's form dated
November 1, 2004, to allocate funds into project budgets for FY 2005.
B. Approve transfer in the amount of $42,864 from Federal Reimbursement (864045-G05A-OFED) $38,578 and Cash Match (010-045-0450-4000-9200) $4,286 to
amend the budget pursuant to Local Government Code §111.0706 for receipt of
funds for the 2004 Local Law Enforcement Block Grant funds to be administered
by the County Judge's office.
C. Approve transfer in the amount of $35,785 from Rollover Contingency (010-0454040) into line items as detailed on Auditor's form dated November 4, 2004 to
allocate funds for purchase orders created in 2004 with goods delivered in 2005.
D. Approve transfer in the amount of $15,000 from Capital Assets (010-042-M04A1011) into IT Enhancements Fees and Services (010-042-M04A-4010) to adjust
budgeted funds per Auditor's request.
11.
BUDGET OFFICER: Approve payment of Invoice No. 10015118 in the amount of
$749 to PGAL for architectural services for the Jane Long remodeling project.
(Fund: 010-090-M04E-4010)
12.
CONSTABLE, PCT. 2:
A. Approve reimbursement in the amount of $153.91 to Martinez Syria for uniform
purchase without a purchase order. (Fund: 010-024-0240-4011)
B. Approve transfer in the amount of $5,000 from State Reimbursements (010-024G05A-STAT) into line items as detailed on Auditor's form dated October 22,
2004, to amend the budget pursuant to Local Government Code §111.0706 for
receipt of funds from the Comptroller of Public Accounts for the Statewide
Tobacco Education and Prevention (STEP) program.
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November 9, 2004
13.
COUNTY ATTORNEY:
A. Approve payment by Invoice Transmittal in the amount of $134.00 to Strategic
Transportation Services for Affidavit prepared without a purchase order. (Fund:
010-054-0540-4010)
B. Approve reimbursement in the amount of $11.10 to Joe W. Cox for postage
purchased after hours pertaining to litigation matter. (Fund: 010-054-0540-1064)
C. Approve payment by Invoice Transmittal in the amount of $66.94 to James
Publisbing for Litigation Discovery update received without purchase order.
(Fund: FY 2004 010-054-0540-1063)
D. Approve payment by Invoice Transmittal in the amount of $11,561.90 to
Chamberlain, Hrdlicka, White, Williams, & Martin for final payment without a
purchase order of outside legal services in the Burlington Railroad matter.
(Fund: 010-054-0540-4010)
14.
DISTRICT COURT 387TH:
Approve transfer in the amount of $3,000 from
Litigation (010-080-0800-4035) into Property and Equipment (010-080-0800-1010) to
allocate funds for purchase of voice recording equipment for the 387'h Associate
Judge's courtroom.
15.
ENGINEERING:
A. Approve payment of Invoice No. 20961 in the amount of $5,022.27 to Klotz
Associates, Inc. for professional services regarding FM 723 (North of FM 359 to
North of FM 1093), Phase II, Mobility Bond Project #54, Pet. 3. (Fund: 230-0434301-7853)
B. Approve payment of Invoice No. 40354 in the amount of $14,575.00 to BurkKleinpeter, Inc. for work related to Trammel-Fresno Road (from FM 521 to
Hillcroft Avenue), Mobility Bond Project #40, Pets. 1 and 2. (Fund: 230-043-43017828)
C. Approve payment ofInvoice No. 2047488 in the amount of $25,447.38 to Carter &
Burgess, Inc. for actual labor rates regarding the Fort Bend County Mobility
Bond Projects, Pets. 1,2,3 and 4. (Fund: 230-043-4301-4010)
D. Approve payment of Invoice No. 8513 in the amount of $13,465.25 to Claunch &
Miller, Inc. for completion of Scanlin Road drainage and paving improvement,
Mobility Bond Project #37, Pet. 2. (Fund: 230-043-4301-7805)
E. Approve payment of Final Invoice No. 8514 in the amount of $7,348.23 to Claunch
& Miller, Inc. for Scanlin Road Utilities, Mobility Bond Project #37, Pet. 2.
(Fund: 230-042-M03B-4010)
F. Approve payment ofInvoice No. FB-07-009 in the amount of $14,795.00 to Guess
Group, Inc. for services pertaining to the Fifth Street Project, Mobility Bond
Project #17, Pet. 2. (Fund: 230-043-4301-7827)
G. Approve release of Performance Bond #RSB-202307 in the amount of $5,000 to
ALEC, Incorporated for completion of work on West Airport Blvd., Permit
#82913, Pet. 3.
H. Approve application from Marshall Construction Company, Ltd. to construct
four driveway tie-ins and bore a four-inch waterline and an eight-inch fire line on
Bissonnet Street, Pet. 3.
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November 9, 2004
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
AA.
BB.
Cc.
DD.
EE.
FF.
Approve application from B & D Construction Co., Inc. to bore under and bury a
16-inch waterline and an 18-inch sanitary sewer line along Bryan, Pet. 1.
Approve application from Hurtado Construction Company to bore under and
bury a 15-inch sanitary sewer line and construct two driveway tie-ins onto
Fulshear-Gaston, Pet. 3.
Approve application from Big State Excavation, Inc. to construct a road tie-in
onto Fry Road, Pet. 3.
Approve application from D. F. Systems, Inc. to bore under Fry Rd., Pet. 3.
Approve application from SBC to bore under Pierce Oaks Dr. and bUry cable
along Fulshear-Gaston and Reese Lake Dr., Pet. 3.
Approve application from T&C Construction, Ltd. to construct a driveway tie-in
onto Skinner Lane, Pet. 3.
Approve application from Consolidated Communications to bore under Seven
Meadows Parkway, Pet. 3.
Approve application from Marshall Construction Company, Ltd. to construct
three driveway tie-ins onto Harlem, Pet. 3.
Approve application from SBC to bore under and bury cable along Ransom Rd.,
Pet. 1.
Approve application from Mission Grove LP to construct a driveway tie-in onto
Stone Chapel Way, Pet. 3.
Approve application from SBC to bury cable along Bellaire Boulevard, Pet. 3.
Approve application from Time Warner Communications to bury cable along
Ransom, Pet. 1.
Approve application from Lecon, Inc. to construct an outfall into Dry Creek,
Precinct 1.
Approve application from Crosstex Gulf Coast Transmission, Ltd. to bore under
Evans, Beadle Lane, and laterallIFF, Pet. 1.
Accept the Oversize, Overweight ... Bond #104405512 in the amount of $50,000.00
from Alamo Operating Company, L.C., for damages that may be sustained to any
roads (Beechnut Road - aka Canal Road) while operating access equipment in
Fort Bend County, Pet. 1.
Release bond #3SM001928 in the amount of $174,800.00 for Cinco Ranch FM
1093 Tract (Surety: American Motorists Ins. Co), and accept replacement bond
#K07044926 in the amount of $174,800.00 (Westchester Fire Ins. Co.), Pet. 3.
Release bond #SS3163 in the amount of $104,510.00 for Sienna Village of Waters
Lake, Section 8. These are PRIVATE streets, maintained by the Homeowners
Association, Pet. 1.
Approve the plat for a reserve within Taylor Brothers, Pet. 3.
Approve the plat for roads within Katy I.S.D. Elementary No. 23 & Support
Facility, Pet. 3.
Approve the plat for a reserve within Katy I.S.D. Elementary No. 23 & Support
Facility, Pet. 3.
Approve the plat of a reserve for Katy I.S.D. Junior High School 10, Pet. 3.
Approve the plat for roads within Firethorne, Section 4, Pet. 3.
Approve the plat for lots and reserves within Firethorne, Section 4, Pet. 3.
Approve the plat for roads within Withers Ridge, Section 1, Pet. 3.
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November 9, 2004
GG. Approve the plat for lots and reserves within Withers Ridge, Section 1, Pet. 3.
HH. Accept the streets of Waterside Estates, Section 9 into the County Road
Maintenance System, and release bond #SN9637 in the amount of $336,240.00,
Precinct 3.
Lake Charlotte Lane
185.00 LF
Martin Lake Drive
1,053.37 LF
Cane Lake Drive
455.07 LF
Pelican Lake Drive
302.16 LF
Lake Buchanan Court
208.22 LF
Lake Ballinger Lane
359.14 LF
Lake Edinburg Lane
734.06 LF
Lake Edinburg Court
131.29 LF
Brady Creek Lane
1,488.52 LF
TOTAL:
4,916.83 LF
II.
Accept the streets of Sienna Village of Shipman's Landing, Section 8 into the
County Road Maintenance System, and release bond #SS3162 in the amount of
$112,280.00, Precinct 1.
Hidden Hollow Way
258.00 LF
Lost Hollow Lane
1,186.00 LF
Lazy Hollow Court
80.00 LF
TOTAL:
1,524.00 LF
JJ. Accept the streets of Sienna Steep Bank Village, Section 5-B into the County Road
Maintenance System, and release bond #SS3160 in the amount of $196,490.00,
Precinct 1.
South Fitzgerald Way
656.00 LF
North Fitzgerald Way
953.00 LF
Doyle Court
148.00 LF
Farley Court
217.00 LF
Kelsey Pass
233.00 LF
Rita Elliott Court
235.00 LF
TOTAL:
2,442.00 LF
KK. Set public hearing for acceptance of the traffic control plan for Waterside Estates,
Section 9, Pet. 3. (Tuesday, December 7, 2004, at 1:00 p.m.)
LL. Set public hearing for acceptance of the traffic control plan for Sienna Village of
Shipman's Landing, Section 8, Pet. 1. (Tuesday, December 7, 2004, at 1:00 p.m.)
MM. Set public hearing for acceptance ofthe traffic control plan for Sienna Steep Bank
Village, Section 5-B, Pet. 1. (Tuesday, December 7, 2004, at 1:00 p.m.)
16.
FIRE MARSHAL:
Approve renewal of Interlocal Agreement and Addendum
between Fort Bend County and Willowfork Volunteer Fire Department for Fire
Protection effective October 1, 2004 through September 30, 2006.
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November 9, 2004
17.
FORT BEND COUNTY TOLL ROAD AUTHORITY: The Board of Directors of the
Fort Bend County Toll Road Authority reviewed this item at their regular meeting
held October 20, 2004, and made the following recommendation to Commissioners
Court:
Treasurer's
Office:
Authorize payment of invoices for work performed by
consultants and/or contractors and listed on Board Report dated October 20, 2004,
for an amount totaling $5,343,157.90, of which $2,415,324.54 is for Section A of the
Fort Bend Parkway and $2,927,833.36 is for the Westpark Toll Road Extension.
(Fund: 220-045-2025)
18.
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION: The Board
of Directors ofthe Fort Bend Flood Control Water Supply Corporation reviewed this
item at their regular meeting held October 27, 2004, and made the following
recommendation to Commissioners Court: Authorize payment of invoices for work
performed by consultants and/or contractors and listed on Board Report dated
October 27, 2004, for an amount totaling $464,062.35 for Big Creek. (Fund: 265-0064010)
19.
HEAL TH & HUMAN SERVICES:
A. Emergency Medical Service:
1) Approve renewal of Agreement between Fort Bend County and Benjamin E.
Oei, M.D., to serve as Medical Director of Emergency Medical Services for
term through September 30, 2005. (Fund: 010-0340-4010)
2) Approve additional payment in the amount of $281.86 to Linebarger
Goggan Blair Sampson LLP for collection of EMS funds without a purchase
order for Fiscal Year 2004. (Fund: 010-034-4010)
3) Approve transfer in the amount of $1,250 from EMS Software (034-3040)
into MIS Software (036-3040) to allocate funds into MIS Budget for the
purchase of Tape Backup License to allow data from EMSPRO to be backed
up by the MIS Department.
B. Social Services: Approve renewal of Agreement between Fort Bend County and
Pharmaceutical
Consultants, Inc. dba WFPC to initiate and activate the
Pharmaceutical Assistance Program in the amount of $3,000 for tbe term of
October 1, 2004 through September 30, 2005. (Fund: 010-029-4010)
20.
HUMAN RESOURCES:
A. Approve eighteen days of extended sick leave for employee in the Road &
Department, Position No. 075-0135.
B. Approve salary assignment of Grade 9, Step 4, Law Enforcement Policy
($1,249.63 Bi-Weekly) for Position No. 027-0491 in the Sheriff's Office.
C. Approve salary assignment of Grade 9, Step 6, Law Enforcement Policy
D. Approve salary assignment of Grade 9, Step 7, Law Enforcement Policy
E. Approve salary assignment of Grade 9, Step 7, Law Enforcement Policy
6
Bridge
Group
Group
Group
Group
November 9, 2004
F. Approve salary assignment of Grade 9, Step 14, Law Enforcement Policy Group
($1,621.11 Bi-Weekly) for Position No. 027-0115 in the Sherifrs Office.
G. Approve salary assignment of Grade 9, Step 14, Law Enforcement Policy Group
($1,621.11 Bi-Weekly) for Position No. 023-0020 in the office of Constable, Pet. 1.
H. Approve salary assignment of Grade 10, Step 8, Law Enforcement Policy Group
($1,564.75 Bi-Weekly) for Position No. 027-0043 in the SheriWs Office.
I. Retain original budgeted
salary assignment
of Grade
14, Step 10,
Professional/Management Policy Group ($3,002.22 Bi-Weekly) for Position No.
012-0039 in the Office of District Attorney.
21.
INDIGENT HEALTH CARE:
Approve acceptance of $1,000.00 check from
anonymous donor to Fort Bend County Indigent Health Care.
22.
LIBRARY: Approve transfer in the amount of $12,456 from State Reimbursement
(010-030-G05A-STAT) into Utilities (010-030-G05A-2000) to amend the budget
pursuant to Local Government Code §111.0706 for receipt of funds from the Texas
Rehabilitation Commission Contract covering the grant period of September 1, 2003
through August 31, 2005.
23.
PURCHASING: Authorize advertising for bids/proposals for the following:
A. 15-Foot shredders;
B. Dump trucks;
C. Haul trailer;
D. Rubber tire loader;
E. Dozer; and
F. Broker/dealers.
24.
ROAD & BRIDGE:
A. Approve renewal of Agreement between Fort Bend County and Jason Grace for
the storage of road material through September 30, 2005. (Fund: 105-075-3020)
B. Approve renewal of Agreement between Fort Bend County and Fort Bend Senior
Citizens, Inc. for the purpose of obtaining fuel through September 30, 2005.
25.
SHERIFF'S OFFICE: Approve renewal of Loan and Use Agreement between Fort
Bend County and Gulf States Toyota, Inc. for 2005 Toyota 4-Runner Vehicle for sole
use by Fort Bend County SheriWs Office for the Kids N' Cops Program.
26.
TAX ASSESSOR/COLLECTOR:
A. Approve refunds over $500 as detailed on report by Tax Assessor/Collector dated
October 25, 2004, for an amount totaling $2,318.56.
B. Approve refunds over $500 as detailed on report by Tax Assessor/Collector dated
November 1, 2004, for an amount totaling $6,775.06.
27.
TELECOMMUNICATIONS:
Approve transfer in the amount of $350 from
Communication Equipment (038-6026) into IT Software (038-3040) to allocate funds
for purchase of software.
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November 9, 2004
28,
COUNTY JUDGE:
Take all appropriate action on the Restated as Amended Tax
Abatement Agreement between Fort Bend County and Applied Optoelectronics, Inc.
29.
A. Take all appropriate action on request by Sam Dimiceli on behalf of BSP Marketing,
Inc. to waive penalty and interest on Fort Bend County property taxes for Account
Number 0089-00-000-4629-910 for Tax Year 2003, Pet. 2.
B. Take all appropriate action on request by Mr. and Mrs. James Smith to waive penalty
and interest on Fort Bend County property taxes for Account Number 2931-01-0020230-907 for Tax Year 2003, Pet. 2.
30.
A. Take all appropriate action on request by Mr. Robert Equitz to waive penalty and
interest on Fort Bend County property taxes for Account Number 4950-02-011-1900907 for Tax Year 2003, Pet. 3.
B. Take all appropriate action on request by Ms. Winifred A. Ajayi to waive penalty and
interest on Fort Bend County property taxes for Account Number 3517-07-001-0030907 for Tax Year 2003, Pet. 3.
31.
COMMISSIONER, PCT. 4: Take all appropriate action to authorize the County Judge to
investigate the creation of a Fort Bend County Collections Department.
32.
BUDGET OFFICER: Take all appropriate action to adopt Amendment No.2 to the 2005
Fort Bend County Budget Policy, pertaining to Item #15 of the Policy, to require
authorization by Commissioners Court for the transfer of funds from line items for
Attorney's Fees (4034) and Other Litigation Expenses (4035).
33.
COMMUNITY DEVELOPMENT:
Take all appropriate action to authorize the County
Judge to sign the following Community Development Block Grant Agreements between
Fort Bend County and the entities indicated, which are all part of the FY 2004
Consolidated Action Plan:
A. Fort Bend Community Revitalization Projects, for the rehabilitation of single family
owner-occupied housing units for a total cost of $205,000.
B. Fort Bend Senior Citizens, Inc., for the home delivered meals program for elderly
persons in the amount of $29,484 for the term of January 1 through December 31,
2005.
C. City of Needville, for the installation of water distribution system improvements, Phase
IV, North, Charity, and Richmond Streets, for a total cost of$220,000.
D. City of Richmond, for the replacement of waterlines in North Richmond, Fields Street,
Douglas Street, Clark Street, Ferry Street, and Maiden Lane, for a total cost of
$150,000.
E. City of Fulshear, for the purchase and installation of emergency generators for the
water and wastewater plants for a total cost of$125,000.
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November 9. 2004
34.
ENGINEERING:
A. Take all appropriate action to approve Supplemental Agreement No. I between Fort
Bend County and Klotz Associates, Inc. regarding additional services for P S & E
Revision for FM 1464 from FM 1093 to Westpark Tollway not to exceed $3,404.77,
B. Take all appropriate action to approve Supplemental Agreement No.3 between Fort
Bend County and Klotz Associates, Inc. regarding additional services for
Diagrammatic Revision for the FM 1464 Project (from FM 1093 to SH 99), not to
exceed $82,169.28, Mobility Bond Project #59, Precincts 3 and 4. (Fund: 230-0434301-7831)
C. Take all appropriate action to approve the Contractual Agreement between Fort Bend
County and Texas Department of Transportation for Right of Way Procurement
regarding FM 762 @ FM 2759, (90/10 reimbursement from TxDOT) Pet. 1.
D. Take all appropriate action to authorize payment of $725,000 to Texas Department of
Transportation for Fort Bend County's share of FM 1464 Improvements at the
Westpark Intersection, Mobility Bond Project #59, Pet. 3. (Fund: 230-043-4301-7831)
E. Take all appropriate action to approve the Local Transportation Project Advance
Funding Agreement between Fort Bend County and Texas Department of
Transportation regarding FM 723 (North of Brazos River to FM 1093) not to exceed
$150,000, Pets. I and 3. (Fund: 230-043-4301-7853)
F. Take all appropriate action to accept the Abandonment Order for Grand Mission
Boulevard within the new Bradford Park Subdivision. The new alignment within
Bradford Park, Section I conforms to the approved new alignment for Grand Mission
Boulevard (aka Harlem Road) Mobility Project, Pet. 3.
G. Take all appropriate action to consider accepting West Dallas 40-Foot Right of Way
for drainage purposes only, beginning 0.24 miles west of FM 521 and ending at the
centerline of Mustang Bayou being 0.21 miles, Pet. 1.
H. Take all appropriate action on the Professional Engineering Services Agreement
between Fort Bend County and AlA Engineers, Ltd. for design of the bridges at
Addicks Clodine Road over West Keegans Bayou for an amount not to exceed
$90,084.00, Pet. 3. (Fund: 230-043-4301-7810).
1. Take all appropriate action to accept the Roadway and Utility Easements for Tomasa
street in the Martinez Subdivision from the following in Precinct 4:
Tomasa Martinez Garcia;
Tommie Garcia;
Tommie Janie G. Martinez;
Guadalupe Garcia;
Dionel A. Garcia;
Emestina Garcia;
Carlos Garcia;
Belia Dimas;
Ruben Limon and Enedina Limon;
Eva A. Garcia;
Hector Garcia;
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November 9, 2004
Miguel Rubio & Anita Rubio;
Felipe A, Maya;
Leobardo Garcia Guerra & Gaytan Alejandrina Guerra;
Steve Martinez & Mary Martinez; and
Aurora M, Martinez,
J, Take all appropriate action to accept Tomasa Street in Martinez Subdivision into the
County Road Maintenance System, Pct. 4.
Tomasa
1,940.00 LF
K. Set public hearing for acceptance of the traffic control plan for the Martinez
Subdivision, Pct. 4. (Tuesday, December 7, 2004, at 1:00 p.m.)
35.
HEALTH & HUMAN SERVICES - SOCIAL SERVICES: Take all appropriate action on
request to transfer the amount of$3,195 from Non-Departmental Contingency (045-4040)
into Social Services Property and Equipment (010-029-0290-1010) to allocate funds for
the unexpected purchase of replacement copier for Missouri City office.
36.
JUSTICE OF THE PEACE, PRECINCT 1, PLACE 1: Take all appropriate action on
request to purchase six 19-inch flat panel computer monitors as detailed on request dated
November 2, 2004, for a total cost of $3,207.90, and authorize funding from the Justice
Court Technology Fund 136.
37.
JUVENILE PROBATION: Take all appropriate action on request to transfer the amount
of $259 from Non-Departmental Contingency (045-4040) into Capital Outlay (010-090M04L-2000-70l5) to allocate additional funds needed for the Jake Dove JJAEP Facility.
38.
LIBRARY:
Take all appropriate action to approve the Fort Bend County Libraries
Materials Selection Policy and Procedures as presented by County Librarian.
39.
PURCHASING:
A. Take all appropriate action on Bid #05-003 for Auto Body Repairs.
B. Take all appropriate action to purchase police package automobiles pursuant to Bid
#03-001.
C. Take all appropriate action to purchase utility vehicles pursuant to Bid #03-003.
D. Take all appropriate action on Part II of DesignlBuild Agreement between Fort Bend
County and Architectural Building Systems, Inc. for Travis Annex window
rehabilitation pursuant to Q04-045, for an amount not to exceed $257,300. (Funding:
010-090-M04G-2000-7015)
E. Take all appropriate action on Part I and II of DesignlBuild Agreement between Fort
Bend County and Jaco Construction for Jane Long Annex roof replacement pursuant to
Q04-099, for an amount not to exceed $46,088. (Funding: 010-090-M04E-2000-7015).
F. Take all appropriate action to consider granting an exemption to the competitive bid
process as authorized by Section 262.024 (a)(4) of the Local Government Code for the
purchase of a professional service from the following:
1) Darryl B. Carter, LLC for legislative consulting services, for an amount not to
exceed $36,000 for a two-year period. (Funding: 045-4010)
2) Jim Short, Inc. for legislative consulting services, for an amount not to exceed
$36,000 for a two-year period. (Funding: 045-4010)
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November 9, 2004
G. Take all appropriate action to consider granting an exemption to the competitive bid
process as authorized by Section 262,024 (a)(7) Texas Local Government Code for the
purchase of an item available from only one source for the following:
I)
Tutor.Com for online remote access, for an amount not to exceed $36,000,
(Funding: Library 3050)
2)
SBC Southwestern Bell for renewal of maintenance agreement, for an amount
not to exceed $41,000. (Funding: Library 4010)
3) TAC Americas, Inc. for renewal of agreement, amount not to exceed $42,000.
(Funding: Sheriff 4010)
4) Hart Intercivic for renewal of maintenance agreements, amount not to exceed
$73,000. (Funding: County Clerk 4010)
H. Take all appropriate action to accept withdrawal letter from Cochran Wholesale for
Section 5 of Bid #04-088 Medical Supplies, and authorize award to Bound Tree
Medical.
1. Take appropriate action to authorize contract negotiations with Louisiana Binding
Services for Restoration and Preservation of Documents pursuant to Q05-002.
40.
SHERIFF'S OFFICE:
A. Take all appropriate action on Agreement between Fort Bend County and Fort Bend
County Municipal Utility District No. 30 to provide Contract Deputy Services through
September 30, 2005.
B. Take all appropriate action on request to transfer the amount of $62,485 from Contract
Deputy Reimbursement
(01O-027-2716-00CD)
$56,850 and Contract Deputy
Allocation (010-027-0270-9402) $5,635 into line items as detailed on Auditor's form
dated October 19, 2004, to amend the budget pursuant to Local Government Code
§111.0706 for funds received for the Fort Bend County Municipal Utility District No.
30 Contract Deputy Agreement to be administered by the Sheriff's Office.
41.
TREASURER: Take all appropriate action on request to transfer the amount of $5,000
from Non-Departmental Contingency (045-4040) into Treasurer Fees and Services (0064010) to allocate funds for purchase of increased Bond for County Treasurer.
42.
Approve Bills.
43.
Meet in Closed Session to deliberate the following matters as authorized by the Texas
Government Code:
§ 551.072. Deliberation Regarding Real Property. Commissioners Court will meet in
Closed Session to deliberate the purchase, exchange, lease or value of real property.
A. Land Matters, Pet. 1.
B. Land Matters, Pet. 2.
C. Land Matters, Pet. 3.
D. Land Matters, Pet. 4.
11
November 9, 2004
44.
Reconvene Open Session and consider taking action on the following matters:
§ 551.072. Deliberation Regarding Real Property.
45.
Adjournment.
In the event any of the foregoing items are not covered in the time allocated on the date of this
agenda, the County may order a continuance for the next day until the discussion is completed on
all items.
ROb'rtE~------
Notice of meeting/agenda posted at William B. Travis Building, Courthouse & Jane Long
Annex, Richmond, Texas on Friday, November 5,2004, by
lYiJ'Y1'\.A. C9j4 !leI
NOTICE
Policy ofNon~Discrimination
on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in. its
programs or activities. ADA Coordinator, Risk/Management Insurance Dept., Fort Bend County~Rosenberg
Annex, 4520 Reading Rd.,
Rosenberg, Texas 77471, phone 281-341-8618 has been designated to coordinate compliance with the non-discrimination requirements in
Section 35.107 of the Department of Justice regulations.* Information concerning the provisions of the Americans with Disabilities Act,
and the rights provided thereunder, are available from the ADA coordinator.
NOTICE
The County Commissioners Court of Fort Bend County reserves the right to adjourn into executive session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with
Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters),
551.076 (Deliberations about Security Devices) and 551.086 (Economic Development).
FILED FOR RECORD
A.M.
NO
__
TIME~
NOV 0.52004
~17-~
County Clerk i'ort Bend Co. Tex.
12
November 9, 2004
NOTICE OF MEETING
FORT BEND COUNTY DRAINAGE DISTRICT - BOARD OF DIRECTORS
7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS
TUESDAY, NOVEMBER 9, 2004
FILED FOR RECORD
1:00 O'CLOCK P.M.
NO__
AGENDA
A,M,
TlMf:.l~~33C!D
NOV 0 52004
L
Call to Order.
2.
Approve transfer in the amount of $4,203 from Rollover Conting~(cl~Q;1i4~;i~*9nni~x
Drainage line items as detailed on Auditor's form dated November 4, 200~ to al'1ocate
funds for purchase orders created in 2004 with goods delivered in 2005.
3.
Take all appropriate action on Bid #05-001 for Dirt Removal.
4.
Take all appropriate action to authorize the purchase of one (1) pick-up truck.
5.
Adjournment.
/"
,
In the event any of the foregoing items are not covered in the time allocated on the date of this
agenda, the County may order a continuance for the next day until the discussio is completed on
~~~UJ-.{
all items.
Robert E. Hebert, County Judge
Notice of meeting/agenda posted at William B. Travis Buildin,ll, Courthouse & Jane Long
Annex, Richmond, Texas on Friday, November 5, 2004, by
1!Jrn1./MtL O¥t .ltj
.
NOTICE
Policy ofNon~Discrimination
on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
programs or activities. ADA Coordinator.
Risk/Management
Insurance Dept., Fort Bend County-Rosenberg
Annex, 4520 Reading Rd.,
Rosenberg 77471, phone 281-341-8618 has been designated to coordinate
compliance with the non-discrimination
requirements
in
Section 35.107 oftbe Department
of Justice regulations.*
Information concerning the provisions of the Americans with Disabilities Act,
and the rights provided thereunder, are available from the ADA coordinator.
NOTICE
The County Commissioners
Court of Fort Bend County reserves the right to adjourn into executive session at any time during the course
of this meeting to di.scuss any of the matters listed above. as authorized by Texas Government Code Sections 551.071 (Consultation with
Attorney). 551.072 (Deliberations
about Real Property). 551.073 (Deliberations
about Gifts and Donations). 551.074 (Personnel Matters).
551.076 (Deliberations about Security Devices) and 551.086 (Economic Development).
13
3
APPROVAL OF MINUTES
COMMISSIONERS COURT
FORT BEND COUNTY
I, Dr. Dianne Wilson, duly elected County Clerk and Clerk of Court, Fort Bend County,
Texas do hereby submit the Official Minutes of Commissioners Court held on the
day of
_--'"",,",'-""""""'<:- __
'"""mOo'
9th
.~
DIANNE WILSON Ph.D., COUNTY CLERK
Now, therefore, be it resolved upon the motion of Commissioner
by Commissioner ~~
~~
N , duly put
i/commlccm.doc
, 2004.
seconded
and carried, it is ordered to accept as
presented for record the attached minutes approved on this the ~
November
\'f\..a.,\~S
\~"'\'N
day of
November 9. 2004
Approved
MINUTES
BE IT REMEMBERED, That on this 9'" DAY of NOVEMBER, 2004, Commissioners
Bend County, Texas, met at a regular meeting with the following present:
Court of Fort
ROBERT E. HEBERT
COUNTY JUDGE
TOMD. STAVINOHA
COMMISSIONER PRECINCT I
GRADY PRESTAGE
COMMISSIONER
PRECINCT 2
ANDY MEYERS
COMMISSIONER
PRECINCT 3
JAMES PATTERSON
COMMISSIONER
PRECINCT 4
DIANNE WILSON
COUNTY CLERK
When the following were heard and the following orders were passed:
I.
Call to Order.
Call to Order by Judge Hebert at I :00 p.m.
2.
Invocation
and Pledge of Allegiance by Commissioner
Patterson.
Invocation and Pledge of Allegiance by Commissioner Patterson.
3.
Approve minutes of meeting of October 26, 2004.
Moved by Commissioner Meyers, Seconded by Commissioner Patterson, duly put
unanimously carried (5-0), it is ordered to approve minutes of meeting of October 26, 2004.
Judge Hebert
Commissioner Stavinoha
Commissioner Prestage
4.
Announcements
yes
yes
yes
Commissioner Meyers
Commissioner Patterson
and
yes
yes
and Public Comments.
County Holiday on Friday, November 12 - Veteran's Day
Rodrigo Carreon addressed environmental issues
5.
PUBLIC HEARINGS:
1:00 p.m.:
A. Conduct Public Hearings and take all appropriate
action on tbe following matters:
Acceptance ofthe tramc control plan for Kingsbridge Village, Section 2, Pet. 3.
Acceptance of tbe Abandonment Order to abandoD Lela Drive aDd Randolf Drive,
Precinct 1.
3) Replat for roads witbin Soutbbelt Industrial Park, Section 3, Pet. 1.
4) Replat for reserves witbin Soutbbelt Industrial Park, Section 3, Pet. 1.
Public hearings held on items 5AI-4. No public comments.
I)
2)
Moved by Commissioner Stavinoha, Seconded by Commissioner
unanimously carried (5-0), it is ordered to approve items 5AI-4.
Judge Hebert
yes
yes
yes
Commissioner Meyers
Prestage,
duly put and
yes
yes
November 9. 2004
Item 5 continued
public hearings:
B. Conduet Public Hearings on the following matters:
1) Replat No.2 for reserves within Cinco Ranch West, Section 5 Reserve "D", Precinct
3.
Public comments:
Gerardo Cardenas, Turner Collie & Braden, representing applicant, addressed the purpose of the
replat with restricted access offWestheimer Parkway.
The following residents opPOse the replat for development:
Daroma Brown, Yesudas James Manimala, Edie Jackson-Somarriba,
and Luis Padilla
Terri Moreau, Terry Bartels
Commissioner Meyers and Judge Hebert notified the residents of the role of the Emergency
Services District and the Homeowners Association in relation to the property.
No court action.
2)
Replat No.1 for a lot and reserves within RSPB Subdivision, Pct. 1.
Public hearing held. No public comments.
No court action.
CONSENT AGENDA ITEMS 6 - 27:
6.
OUT-OF-STATE TRAVEL:
A. Enter into record this modified out-of-state travel request for elected official:
Constable. Pet. 2: Change in travel dates for Constable Ruben Davis to Los Angeles,
California, November H-17, 2004, to attend HUh AnnuallACP Training Conference.
(Fund: 010-024-4014)
B. Approve out-of-state travel request for County personnel:
Eniineering: WiUiam (BIII) Petty to Miami, Florida, December 5-10, 2004, to attend the
19 Hazardous Materia1s Management Conference (NAHMMA) on Household and Small
Business Waste. (Fund: 043-4014).
7.
COUNTY JUDGE:
A. Approve renewal of Agreement between Fort Bend County and Hicks-Richardson
Associates for consulting services through September 30, 2005, for an amount not to
exceed $10,000. (Fund: 010-045-0450-4010)
B. Approve FY05 membership in the Texas Confereuce of Urban Counties and authorize
payment ofannual dues in the amount 01$8,735. (Fund: 010-045-045C1-5030)
2
November 9. 2004
8.
A. Approve Project Agreement between Fort Bend County and City of Arcola to provide
assistan~e with drainage improvements, fabri~ting and installing signs on ~ity-owned
Disney Street, W. Davis Street, Greg Street, Pea~h Street, and Ar~ola City Hall, County
expenditure not to ex~eed $1,350. (Fund: 105)
B. Approve Project Agreement between Fort Bend County aud Needville Independent
S~hool Distrid to provide assistan~e with mosquito rontrol on distrid-owned property,
County expenditure not to ex~eed $380. (Fund: 10S)
9.
A. Approve Agreement between Fort Bend County and Katy Area Economi~ Development
Coun~il in the amount of $IS,OOOto perform eertain economic development servi~es for
the term of October I, 2004 through September 30, 200S. (Fund: 045-5(30)
B. Approve the appointment of Commissioner Andy Meyers to serve as Fort Bend County's
representative on the Katy Area Eronomi~ Development Coun~i1.
10.
AUDITOR:
A. Approve transfer in the amount of $I,6S9,OOOfrom Permanent Improvements (016-0420420-1070) $1,534,000 and Fees and Servi~es (010-042-0420-4010) $12S,OOOinto Capital
Projed line items as detailed on Auditor's form dated November I, 2004, to all~te
funds into project budgets for FY 200S.
B. Approve transfer in the amount of $42,864 from Federal Reimbursement (864-045-G05AOFED) $38,578 and Cash Mateh (016-04S-645O-4006-9200)$4,286 to amend the budget
pursuant to LcMlaI Government Code §111.0706 for reeeipt of funds for the 2004 L~l
Law Enforcement Block Grant funds to be administered by the County Judge's office.
C. Approve transfer in the amount of $3S,785 from Rollover Contingen~y (010-645-4040)
into line items as detailed on Auditor's form dated November 4, 2004 to allocate funds for
purchase orders ~reated in 2004 with goods delivered in 200S.
D. Approve transfer in the amount of $IS,OOOfrom Capital Assets (016-042-M04A- 1011)
into IT Enhan~ements Fees and Servi~es (016-042-M04A-4010) to adjust budgeted funds
per Anditor's request.
11.
BUDGET OFFICER: Approve payment of Invoke No. l00IS118 in the amount of $749 to
PGAL for architeduraI servi~es for the Jane Long remodeling projed. (Fund: 018-090M04E-4010)
12.
CONSTABLE, PCT. 2:
A. Approve reimbursement
in the amount of $153.91 to Martinez Syria for uniform
purchase without a purchase order. (Fund: 010-024-6240-4011)
B. Approve transfer in the amount of $5,000 from State Reimbursements (016-024-GOSASTAT) into line items as detailed on Auditor's form dated October 22, 2004, to amend the
budget pursuant to ~
Government Code §111.0706 for reeeipt of funds from the
Comptroller of Publi~ A~~ounts for the Statewide Toba~co Edu~tion and Prevention
(STEP) program.
3
November 9. 2004
13.
COUNTY ATIORNEY:
A. Approve payment by Invoice Transmittal in the amount of $134.00 to Strategic
Transportation Services for Aftidavit prepared withont a purchase order. (Fund: 010054-0546-4010)
B. Approve reimbursement in the amount of $11.10 to Joe W. Cox for postage purchased
after hours pertaining to litigation matter. (Fund: 010-054-0540-1064)
C. Approve payment by Invoice Transmittal in the amount of $66.94 to James Publishing
for Litigation Discovery update received without purchase order. (Fund: FY 2004 010054-0540-1063)
D. Approve payment by Invoice Transmittal in the amount of $11,561.90 to Chamberlain,
Hrdlicka, White, Williams, & Martin for final payment without a pnrchase order of
outside legal services in the Burlington Railroad matter. (Fund: 010-054-0546-4010)
14.
DISTRICT COURT 387111: Approve transfer in the amount of $3,000 from Litigation (010080-0806-4035) into Property and Equipment (010-080-0806-1010)to allocate funds for
purchase of voice recording equipment for the 387'"Associate Judge's courtroom.
15.
ENGINEERING:
A. Approve payment of Invoice No. 20961 in the amount of $5,022.27 to Klotz Associates,
Inc. for professional services regarding FM 723 (North of FM 359 to North of FM 1093),
Phase II, Mobility Bond Project #54, Pct. 3. (Fund: 230-043-4301-7853)
B. Approve payment of Invoice No. 40354 in the amount of $14,575.00to Burk-K1einpeter,
Inc. for work related to Trammel-Fresno Road (from FM 521 to ffillcroft Avenue),
Mobility Bond Project #40, Pets. 1 and 2. (Fund: 230-043-4301-7828)
C. Approve payment of Invoice No. 2047488 in the amount of $25,447.38 to Carter &
Burgess, Inc. for actual labor rates regarding the Fort Bend County Mobility Bond
Projects, Pcts. 1,2,3 and 4. (Fund: 230-043-4301-4010)
D. Approve payment of Invoice No. 8513 in the amount of $13,465.25to Claunch & Miller,
Inc. for completion of Scanlin Road drainage and paving improvement, Mobility Bond
Project #37, Pct. 2. (Fund: 230-043-4301-7805)
E. Approve payment of Final Invoice No. 8514 in the amount of $7,348.23 to Claunch &
Miller, Inc. for Scanlin Road Utilities, Mobility Bond Project #37, Pct. 2. (Fund: 230-042M03B-4010)
F. Approve payment of Invoice No. FB-07-009 in the amount of $14,795.00to Guess Gronp,
Inc. for services pertaining to the Fifth Street Project, Mobility Bond Project #17, Pct. 2.
(Fund: 230-043-4301-7827)
G. Approve release of Performance Bond #RSB-202307 in the amount of $5,000 to ALEC,
Incorporated for completion of work on West Airport Blvd., Permit #82913,Pct. 3.
H. Approve application from Marshall Construction Company, Ltd. to construct four
driveway tie-ins and bore a four-inch waterline and an eight-inch fire line on Bissonnet
Street, Pct. 3.
I. Approve application from B & D Construction Co., Inc. to bore under and bury a 16-inch
waterline and an 1S-inchsanitary sewer line along Bryan, Pct. 1.
J. Approve application from Hurtado Construction Company to bore under and bury a 15inch sanitary sewer line and construct two driveway tie-ins onto Fulshear-Gaston, Pct. 3.
K. Approve application from Big State Excavation, Inc. to construct a road tie-in onto Fry
Road, Pct. 3.
L. Approve application from D. F. Systems, Inc. to bore under Fry Rd., Pct. 3.
M. Approve application from SBC to bore under Pierce Oaks Dr. and bury cable along
Fulshear-Gaston and Reese Lake Dr., Pct. 3.
4
November 9, 2004
Item 15 continued - Engineering:
N. Approve application from T&C Construction, Ltd. to construet a driveway tie-in onto
Skinner Lane, Pet. 3.
O. Approve application from Consolidated Communications to bore under Seven Meadows
Parkway, Pet. 3.
P. Approve application from Marsball Construction Company, Ltd. to construct tbree
driveway tie-ins onto Harlem, Pet. 3.
Q. Approve application from SBC to bore under and bury cable along Ransom Rd., Pet. 1.
R. Approve application from Mission Grove LP to construet a driveway tie-in onto Stone
Chapel Way, Pet. 3.
S. Approve application from SBC to bury cable along Bellaire Boulevard, Pet. 3.
T. Approve application from Time Warner Communications to bury cable along Ransom,
Pet. 1.
U. Approve application from Lecon, Inc. to construet an outfaU into Dry Creek, Precinct 1.
V. Approve application from Crosstex Gulf Coast Transmission, Ltd. to bore under Evans,
Beadle Lane, and lateralllFF, Pet. 1.
W. Accept the Oversize, Overweight•••Bond #104405512 in the amount of $50,000.00 from
Alamo Operating Company, L.C., for damages tbat may be sustained to any roads
(Beechnut Road - aka Canal Road) while operating access equipment in Fort Bend
County, Pet. 1.
X. Release bond #3SMOO1928
in tbe amount of $174,800.00for Cinco Ranch FM 1093Traet
(Surety: American Motorists Ins. Co), and accept replacemeut bond #K07044926in the
amount of $174,800.00(Westcbester Fire Ins. Co.), Pet. 3.
Y. Release bond #S83163 in the amount of $104,510.00for Sienna Village of Waters Lake,
Section 8. These are PRIVATE streets, maintained by the Homeowners Association,Pet.
1.
Z. Approve tbe plat for a reserve witbin Taylor Brotbers, Pet. 3.
AA. Approve tbe plat for roads witbin Katy LS.D. Elementary No. 23 & Support Facility, Pet.
3.
BB. Approve tbe plat for a reserve witbin Katy I.S.D. Elementary No. 23 & Support Facility,
Pet. 3.
CC. Approve tbe plat of a reserve for Katy I.S.D. Junior ffigh School 10,Pet. 3.
DD. Approve tbe plat for roads witbin Firetborne, Section 4, Pet. 3.
EE. Approve tbe plat for lots and reserves witbin Firethorne, Section 4, Pet. 3.
FF. Approve tbe plat for roads witbin Witbers Ridge, Section 1, Pet. 3.
GG. Approve tbe plat for lots and reserves witbin Withers Ridge, Section 1, Pet. 3.
HH. Accept tbe streets of Waterside Estates, Section 9 into the County Road Maintenance
System, and release bond #SN9637in the amount of $336,240.00,Precinct 3.
Lake Cbarlotte Lane
185.00LF
Martin Lake Drive
1,053.37LF
Cane Lake Drive
455.07LF
Pelican Lake Drive
302.16LF
Lake Bucbanan Court
208.22LF
Lake BaRinger Lane
359.14LF
Lake Edinburg Lane
734.06LF
Lake Edinburg Court
131.29LF
Brady Creek Lane
1,488.52LF
TOTAL:
4,916.83LF
5
November 9, 2004
11.
Accept the streets of Sienna ViUageof Shipman's Landing, Section 8 into the County
Road Maintenance System, and release bond #SS3162 in the amount of $112,280.00,
Precinct 1.
Hidden HollowWay
258.00LF
Lost HollowLane
1,186.00LF
Lazy HollowCourt
SO.OO LF
TOTAL:
1,524.00LF
JJ.
Accept the streets of Sienna Steep Bank Village, Section 5-B into the Connty Road
Maintenance System,and release bond #S83160in the amount of$196,490.00,Precinet 1.
656.00LF
953.00LF
DoyleCourt
148.00LF
Farley Court
217.00LF
Kelsey Pass
233.00LF
Rita Elliott Court
235.00LF
TOTAL:
2,442.00LF
KK. Set public hearing for acceptance of the traffic control plan for Waterside Estates,
Section9, Pet. 3. (Tuesday, December 7, 2004, at 1:00 p.nt.)
LL. Set public hearing for acceptance of the traffic control plan for Sienna Village of
Shipman's Landing, Section8, Pct. 1. (Tuesday, December 7, 2004, at 1:00 p.nt.)
MM. Set public hearing for acceptance of the traffic control plan for Sienna Steep Bank
Village, Section5-B,Pet. 1. (Tuesday, December 7, 2004, at 1:00 p.m.)
16.
FIRE MARSHAL: Approve renewal of Interloeal Agreement and Addendum between Fort
Bend County and Willowfork Volunteer Fire Department for Fire Protection effective
October 1, 2004through September 30, 2006.
17.
FORT BEND COUNTY TOLL ROAD AUTHORITY: The Board of Directors of the Fort
Bend County Toll Road Authority reviewed this item at their regular meeting held October
20, 2004,and made the followingrecommendation to CommissionersCourt:
Treasurer's Office: Authorize payment of invoices for work performed by consultants
and/or contractors and listed on Board Report dated October 20, 2004, for an amount
totaling $5,343,157.90,of which $2,415,324.54is for Section A ofthe Fort Bend Parkway and
$2,927,833.36is for the Westpark Toll Road Extension. (Fund: 220-045-2025)
18.
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION: The Board of
Directors of the Fort Bend Flood Control Water Supply Corporation reviewed this item at
their regular meeting held October 27, 2004, and made the following recommendation to
Commissioners Court: Authorize payment of invoices for work performed by consultants
andlor contractors and listed on Board Report dated October 27, 2004, for an amount
totaling $464,062.35for Big Creek. (Fund: 265-006-4010)
6
November 9, 2004
19.
HEALTH & HUMAN SERVICES:
A. Emergency Medical Service:
1) Approve renewal of Agreement between Fort Bend County and Benjamin E. Oei,
M.D., to serve as Medical Director of Emergency Medical Services for term
through September 30, 2005. (Fund: 010-0340-4010)
2) Approve additional payment in the amount of 5281.86 to Linebarger Goggan Blair
Sampson LLP for collection of EMS funds without a purchase order for Fiscal
Year 2004. (Fund: 010-034-4010)
3) Approve transfer in the amount of 51,250 from EMS Software (034-3040) into MIS
Software (036-3040) to allocate funds into MIS Budget for the purchase of Tape
Backup License to allow data from EMSPRO to be backed up by the MIS
Department.
B. Social Services: Approve renewal of Agreement between Fort Bend County and
Pharmaceutical Consultants,lnc. dba WFPC to initiate and activate the Pbarmaceutical
Assistance Program in the amount of $3,000 for the term of October I, 2004 through
September 30,2005. (Fund: 010-029-4010)
20.
HUMAN RESOURCES:
A. Approve eighteen days of extended sick leave for employee in the Road & Bridge
Department, Position No. 075-0135.
B. Approve salary assignment of Grade 9, Step 4, Law Enforcement Policy Group (51,249.63
Bi.Weekly) for Position No. 027-0491 in the Sheriff's Office.
C. Approve salary assignment of Grade 9, Step 6, Law Enforcement Policy Group ($1,309.08
Bi-Weekly) for Position No. 027-0490 in the Sheriff's Office.
D. Approve salary assignment of Grade 9, Step 7, Law Enforcement Policy Group (51,339.85
Bi-Weekly) for Position No. 027-0441 in the Sheriff's Office.
E. Approve salary assignment of Grade 9, Step 7, Law Enforcement Policy Group ($1,339.85
Bi-Weekly) for Position No. 027·0461 in the Sheriff's Office.
F. Approve salary assignment of Grade 9, Step 14, Law Enforcement Policy Group
G. Approve salary assignment of Grade 9, Step 14, Law Enforcement Policy Group
(51,621.11 Bi· Weekly) for Position No. 023-0020 in the office of Constable, Pct. 1.
n. Approve salary assignment of Grade 10, Step 8, Law Enforcement Policy Group
($1,564.75 Bi-Weekly) for Position No. 027·0043 in the Sheriff's Office.
I. Retain
original
budgeted
salary
assignment
of Grade
14, Step
10,
ProfessionallManagement Policy Group ($3,002.22 Bi-Weekly) for Position No. 012-0039
in the Office of District Attorncy.
21.
INDIGENT HEALTH CARE: Approve acceptance of 51,000.00 check from anonymous
donor to Fort Bend County Indigent Health Care.
22.
LIBRARY: Approve transfer in the amount of 512,456 from State Reimbursement (010-030G05A-STAT) into Utilities (OI0-030-G05A.20oo) to amend the budget pursuant to Local
Government Code §111.0706 for receipt of funds from the Texas Rehabilitation Commission
Contract covering the grant period of September I, 2003 through August 31, 2005.
7
November 9, 2004
23.
PURCHASING:
Authorize
A. 15-Foot shredden;
B. Dump trucks;
C. Haul trailer;
D. Rubber tire loader;
E. Dozer; and
F. Broker/dealen.
24.
ROAD & BRIDGE:
A. Approve renewal of Agreement between Fort Bend County and Jason Grace for the
storage of road material through September 30, 2005. (Fund: 105-075-3020)
B. Approve renewal of Agreement between Fort Bend County and Fort Bend Senior
Citizens, Inc. for the purpose of obtaining fuel through September 30, 2005.
25.
SHERIFF'S OFFICE:
Approve renewal of Loan and Use Agreement between Fort Bend
County and Gulf States Toyota, Inc. for 200S Toyota 4-Runner Vehicle for sole use by Fort
Bend County Sheriff's Office for the Kids N' Cops Program.
26.
TAX ASSESSOR/COLLECTOR:
A. Approve refunds over 5500 as detailed on report
October 25, 2004, for an amount totaling $2,318.56.
B. Approve refunds over 5500 as detailed on report
November 1, 2004, for an amount totaling 56,775.06.
27.
advertising
for bids/proposals
for the following:
by Tax Assessor/Collector
dated
by Tax Assessor/Collector
dated
TELECOMMUNICATIONS:
Approve transfer in the amount of $350 from Communication
Equipment (038-6026) into IT Software (038-3040) to allocate funds for purchase of software.
Moved by Commissioner Meyers, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to approve consent agenda items 6-27 and correct item
IS W to read Pet. 3.
Judge Hebert
28.
yes
yes
yes
Commissioner Meyers
yes
yes
COUNTY JUDGE: Take all appropriate action on the Restated as Amended Tax Abatement
Agreement between Fort Bend County and Applied Optoelectronics, Inc.
Moved by Commissioner Meyers, Seconded by Commissioner Patterson, duly put and
unanimously carried (5-0), it is ordered to approve the Restated as Amended Tax Abatement
Agreement between Fort Bend County and Applied Optoelectronics, Inc.
Judge Hebert
yes
yes
yes
Commissioner Meyers
8
yes
yes
November 9. 2004
29.
COMMISSIONER,
PCT. 2:
A. Take all appropriate action on request by Sam Dimiceli on behalf of BSP Marketing, Inc.
to waive penalty and interest on Fort Bend County property taxes for Account Number
0089-00-000-4629-910 for Tax Year 2003, Pet. 2.
Moved by Commissioner Prestage, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to deny request by Sam Dimiceli on behalf of BSP
Marketing, Inc. to waive penalty and interest on Fort Bend County property taxes for Account
Number 0089-00-000-4629-910 for Tax Year 2003, Pet. 2 (county portion only).
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
B. Take all appropriate
action on request by Mr. and Mrs. James Smith to waive penalty
and interest on Fort Bend County property taxes for Account Number 2931-01-002-0230907 for Tax Year 2003, Pet. 2.
Moved by
unanimously
penalty and
907 for Tax
Commissioner Prestage, Seconded by Commissioner Stavinoha, duly put and
carried (5-0), it is ordered to approve request by Mr. And Mrs. James Smith to waive
interest on Fort Bend County property taxes for Account Number 2931-01-002-0230Year 2003, Pet. 2 (county portion only).
Judge Hebert
30.
Commissioner Meyers
yes
yes
yes
yes
yes
COMMISSIONER,
PCT. 3:
A. Take all appropriate
action on request by Mr. Robert Equitz to waive penalty and
interest on Fort Bend County property taxes for Account Number 4950-02-011-1906-907
for Tax Year 2003, Pet. 3.
Postpone until November 16 for further study.
B. Take all appropriate action on request by Ms. Winifred A. Ajay! to waive penalty and
interest on Fort Bend County property taxes for Account Number 3517-07-001-0030-907
for Tax Year 2003, Pet. 3.
Moved by
unanimously
penalty and
907 for Tax
Commissioner
carried (5-0),
interest on Fort
Year 2003, Pet.
Judge Hebert
Meyers, Seconded by Commissioner Stavinoha, duly put and
it is ordered to approve request by Ms. Winifred A. Ajayi to waive
Bend County property taxes for Account Number 3517-07-001-00303 (county portion only).
yes
yes
yes
Commissioner Meyers
9
yes
yes
November 9, 2004
31.
COMMISSIONER, PCT. 4: Take all appropriate action to authorize the County Judge to
investigate the creation of a Fort Bend County Collections Department.
Moved by Commissioner Patterson, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to authorize the County Judge to investigate the creation of
a Fort Bend County Collections Department.
Judge Hebert
32.
Commissioner Meyers
yes
yes
yes
yes
yes
BUDGET OFFICER: Take all appropriate action to adopt Amendment No.2 to the 2005
Fort Bend Connty Budget Policy, pertaining to Item #15 of the Policy, to require
authorization by Commissioners Court for the transfer of fnnds from line items for
Attorney's Fees (4034) and Other Litigation Expenses (4035).
unanimously carried (5-0), it is ordered to adopt Amendment No.2 to the 2005 Fort Bend County
Budget Policy, pertaining to Item #15 of the Policy, to require authorization by Commissioners
Court for the transfer of funds from line items for Attorney's Fees (4034) and Other Litigation
Expenses (4035).
Judge Hebert
33.
Commissioner Meyers
yes
yes
yes
yes
yes
COMMUNITY DEVELOPMENT: Take all appropriate action to authorize the County
Judge to sign the following Commnnity Development Block Grant Agreements between Fort
Bend Connty and the entities indicated, which are all part of the FY 2004 Consolidated
Action Plan:
A. Fort Bend Community Revitalization Projects, for the rehabilitation of single family
owner-occnpied housing units for a total cost of $205,000.
B. Fort Bend Senior Citizens, Inc., for the home delivered meals program for elderly
persons in the amount of $29,484 for the term of January 1 through December 31,2005.
C. City of Needville, for the installation of water distribution system improvements, Phase
IV, North, Charity, and Richmond Streets, for a total cost of $220,000.
D. City of Richmond, for the replacement of waterlines in North Richmond, Fields Street,
Douglas Street, Clark Street, Ferry Street, and Maiden Lane, for a total cost of $150,000.
E. City of Fulshear, for the purchase and installation of emergency generators for the water
and wastewater plants for a total cost of $125,000.
unanimously carried (5-0), it is ordered to approve items 33 A-E.
Judge Hebert
yes
yes
yes
Commissioner Meyers
10
yes
yes
November 9, 2004
34.
ENGINEERING:
A. Take all appropriate action to approve Supplemental Agreement No. 1 between Fort
Bend County and KIotz Associates, Inc. regarding additional services for P S & E
Revision for FM 1464 from FM 1093 to Westpark Tollway not to exceed $3,404.77,
unanimously carried (5-0), it is ordered to approve Supplemental Agreement No. I between Fort
Bend County and Klotz Associates, Inc. regarding additional services for P S & E Revision for FM
1464 from FM 1093 to Westpark Tollway not to exceed $3,404.77, Mobility Bond Project #59,
Pct. 3. (Fund: 230-043-4301-7831)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
action to approve Supplemental Agreement No. 3 between Fort
Bend County and KIotz Associates, Inc. regarding additional services for Diagrammatic
Revision for the FM 1464 Project (from FM 1093 to SH 99), not to exceed $82,169.28,
Mohility Bond Project #59, Precincts 3 and 4. (Fund: 230-043-4301-7831)
unanimously carried (5-0), it is ordered to approve Supplemental Agreement No.3 between Fort
Bend County and Klotz Associates, Inc. regarding additional services for Diagrammatic Revision
for the FM 1464 Project (from FM 1093 to SH 99), not to exceed $82,169.28, Mobility Bond
Project #59, Precincts 3 and 4. (Fund: 230-043-4301-7831)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
C. Take all appropriate action to approve the Contractual Agreement between Fort Bend
County and Texas Department
of Transportation
for Right of Way Procurement
regarding FM 762 @ FM 2759, (90/10 reimbursement from TxDOT) Pet. 1.
Moved by Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put and
unanimously carried (5-0), it is ordered to approve the Contractual Agreement between Fort Bend
County and Texas Department of Transportation for Right of Way Procurement regarding FM
762 @ FM 2759, (90/10 reimbursement from TxDOT) Pct. I.
Judge Hebert
Commissioner Meyers
yes
yes
yes
II
yes
yes
November 9, 2004
Item 34 continued
Engineering:
D. Take all appropriate action to authorize payment of $725,000 to Texas Department of
Transportation for Fort Bend County's share ofFM 1464 Improvements at the Westpark
Intersection, Mobility Bond Project #59, Pet. 3. (Fund: 230-043-4301-7831)
unanimously carried (5-0), it is ordered to authorize payment of $725,000 to Texas Department of
Transportation for Fort Bend County's share of FM 1464 Improvements at the Westpark
Intersection, Mobility Bond Project #59, Pet. 3. (Fund: 230-043-4301-7831)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
E. Take all appropriate action to approve the Local Transportation Project Advance
Funding Agreement between Fort Bend County and Texas Department of Transportation
regarding FM 723 (North of Brazos River to FM 1093) not to exceed $150,000, Pcts. 1 and
3. (Fund: 230-043-4301-7853)
unanimously carried (5-0), it is ordered to approve the Local Transportation Project Advance
Funding Agreement between Fort Bend County and Texas Department of Transportation regarding
FM 723 (North of Brazos River to FM 1093) not to exceed $150,000, Pets. I and 3. (Fund: 230043-4301-7853)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
F. Take all appropriate action to accept the Abandonment Order for Grand Mission
Boulevard within the new Bradford Park Subdivision. The new alignment within
Bradford Park, Section 1 conforms to the approved new alignment for Grand Mission
Boulevard (aka Harlem Road) Mobility Project, Pet. 3.
unanimously carried (5-0), it is ordered to accept the Abandonment Order for Grand Mission
Boulevard within the new Bradford Park Subdivision. The new alignment within Bmdford Park,
Section I conforms to the approved new alignment for Grand Mission Boulevard (aka Harlem
Road) Mobility Project, Pet. 3.
Judge Hebert
Commissioner Meyers
yes
yes
yes
12
yes
yes
November 9, 2004
Item 34 continued -Engineering:
G. Take all appropriate action to consider accepting West Dallas 40-Foot Right of Way for
drainage pnrposes only, beginning 0.24 miles west ofFM 521 and ending at the centerline
of Mnstang Bayon being 0.21 miles, Pet. 1.
Moved hy Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put and
unanimously carried (5-0), it is ordered to accept West Dallas 40- Foot Right of Way for drainage
purposes only, beginning 0.24 miles west of FM 521 and ending at the centerline of Mustang
Bayou being 0.21 miles, Pct. 1.
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
H. Take all appropriate action on the Professional Engineering Services Agreement between
Fort Bend County and AlA Engineers, Ltd. for design of the bridges at Addicks Clodine
Road over West Keegans Bayou for an amount not to exceed $90,084.00, Pet. 3. (Fund:
230-643-4301-7810).
Moved by Commissioner Meyers, Seconded hy Commissioner Patterson, duly put and
unanimously carried (5-0), it is ordered to approve the Professional Engineering Services
Agreement between Fort Bend County and AlA Engineers, Ltd. for design of the bridges at
Addicks Clodine Road over West Keegans Bayou for an amount not to exceed $90,084.00, Pet. 3.
(Fund: 230-043-4301-7810).
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
I. Take all appropriate action to accept the Roadway and UtiUty Easements for Tomua
street in the Martinez Snbdivision from the following in Precinct 4:
Tomasa Martinez Garcia;
Rnben Umon and Enedina Umon;
Tommie Garcia;
Eva A. Garcia;
Tommie Janie G. Martinez;
Hector Garcia;
Gnadalupe Garcia;
Mignel Ruhio & Anita Rubio;
Dionel A. Garcia;
Felipe A. Maya;
Ernestina Garcia;
Leobardo Garcia Guerra & Gaytan Alejandrina Guerra;
Carlos Garcia;
Steve Martinez & Mary Martinez; and
Belia Dimas;
Aurora M. Martinez
Moved by Commissioner Patterson, Seconded by Commissioner Meyers, duly put and
unanimously carried (4-0), it is ordered to accept the Roadway and Utility Easements for Tomasa
street in the Martinez Subdivision from the above individuals in Precinct 4:
Judge Hebert
Commissioner Meyers
yes
yes
yes
13
yes
yes
November 9. 2004
J. Take aU appropriate
action to accept Tomasa Street in Martinez
County Road Maintenance System, Pet. 4.
Tomasa
1,940.00 LF
Subdivision
into the
unanimously carried (5-0), it is ordered to accept Tomasa Street in Martinez Subdivision into the
County Road Maintenance System, Pct. 4.
Tomasa
1,940.00 LF
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
(NOTE: Construction cost from CDBG Funds)
K. Set pubUc heariug for acceptance of the traffic control piau for the Martiuez
Pet.4. (Tuesday, December 7, 1004, at 1:00 p.m.)
Subdivision,
unanimously carried (5-0), it is ordered to set public hearing for acceptance of the traffic control
plan for the Martinez Subdivision, Pct. 4 on Tuesday, December 7, 2004, at 1:00 p.m.
Judge Hebert
35.
HEALTH
request to
into Social
unexpeeted
Commissioner Meyers
yes
yes
yes
yes
yes
& HUMAN SERVICES - SOCIAL SERVICES:
Take all appropriate action on
transfer the amount of $3,195 from Non-Departmental
Contingeney (045-4040)
Services Property and Equipment (010-029-0290-1010) to allocate funds for the
purchase of replacement copier for Missouri City office.
Moved by Commissioner Patterson, Seconded by Commissioner Prestage, duly put and
unanimously carried (5-0), it is ordered to approve request to transfer the amount of $3,195 from
Non-Departmental Contingency (045-4040) into Social Services Property and Equipment (010029-0290-10 I0) to allocate funds for the unexpected purchase of replacement copier for Missouri
City office.
Judge Hebert
Commissioner Meyers
yes
yes
yes
14
yes
yes
November 9, 2004
36.
JUSTICE OF THE PEACE, PRECINCT 1, PLACE 1: Take all appropriate action on
request to purcbase six 19-incb flat panel computer monitors as detailed on request dated
November 2, 2004, for a total cost of 53,207.90, and autborize funding from tbe Justice Court
Tecbnology Fund 136.
Moved by Commissioner Stavinoha, Seconded by Commissioner Patterson, duly put and
unanimously carried (5-0), it is ordered to approve request to purchase six 19-inch flat panel
computer monitors as detailed on request dated November 2, 2004, for a total cost of $3,207.90,
and authorize funding from the Justice Court Technology Fund 136.
Judge Hebert
37.
Commissioner Meyers
yes
yes
yes
yes
yes
JUVENILE PROBATION: Take aU appropriate action on request to transfer the amount of
5259 from Non-Departmental Contingency (04!4040) into Capital Outlay (OI0-096-M04L2006-7015) to allocate additional funds needed for the Jake Dove JJAEP Faci6ty.
Moved by Commissioner Stavinoha, Seconded by Commissioner Prestage, duly put and
unanimously carried (5-0), it is ordered to approve request to transfer the amount of $259 from
Non-Departmental Contingency (045-4040) into Capital Outlay (010-090-M04L-2000-7015) to
allocate additional funds needed for the Jake Dove JJAEP Facility.
Judge Hebert
38.
Commissioner Meyers
yes
yes
yes
yes
yes
LIBRARY: Take all appropriate action to approve the Fort Bend County Libraries
Materials Selection Policy and Procedures as presented by County Librarian.
unanimously carried (5-0), it is ordered to approve the Fort Bend County Libraries Materials
Selection Policy and Procedures as presented by County Librarian.
Judge Hebert
39.
Commissioner Meyers
yes
yes
yes
yes
yes
PURCHASING:
A, Take all appropriate action on Bid #05-003 for Auto Body Repairs.
unanimously carried (5-0), it is ordered to accept bid #05-003 from Bake-a-Body and authorize
Purchasing Agent to negotiate pricing,
Judge Hebert
yes
yes
yes
Commissioner Meyers
15
yes
yes
November 9, 2004
Item 39 continued - Purchasing:
001.
action to purchase
police package automobiles
pursuant
to Bid #03-
unanimously carried (5-0), it is ordered to authorize purchase of police package automobiles
pursuant to Bid #03-001.
Constable Pet. 2:
$19,900.00 base
Approved in 2005 budget
545.00 Option #2 (6 way power seat)
010.024-0240.6025
58.00 Option #3 (cloth bucket w/rear vinyl)
Helfinan Ford Crown Victoria $20,503.00 x I each
Sheriff Office:
$19,900.00 base
Insurance replacement
151.00 Option #1 (spotlight)
010·027-0270·6025
58.00 Option #3 (cloth bucket w/rear vinyl)
Helfinan Ford Crown Victoria $20,154.00 x 2 each = $40,308.00
Sheriff Office:
154-0277-6025
Seized Funds
Lawrence Marshall Impala
$16,589.00
Judge Hebert
yes
yes
yes
C. Take all appropriate
action to purchase
Commissioner Meyers
utility vehicles pursuant
yes
yes
to Bid #03-003.
Moved by Commissioner Patterson, Seconded by Commissioner Prestage, duly put and
unanimously carried (5-0), it is ordered to purchase utility vehicle pursuant to Bid #03·003.
Sheriff Office:
154·027-0277-6025
Seized Funds
Helfinan Ford Expedition
Judge Hebert
$24,185.00
300.00 (Option #3 (spotlight)
$24,485.00 x 1
Commissioner Meyers
yes
yes
yes
16
yes
yes
November 9, 2004
Item 39 continued - Purcbasing:
D. Take all appropriate
action on Part IT of DesignlBuild Agreement between Fort Bend
County and Arcbitectural Building Systems, Inc. for Travis Annex window rebabilitation
pursuant to Q04-045, for an amount not to exceed 5257,300. (Funding: 010-09O-M04G2000-7015)
unanimously carried (5-0), it is ordered to approve Part IIofDesignlBuild Agreement between Fort
Bend County and Architectural Building Systems, Inc. for Travis Annex window rehabilitation
pursuant to Q04-045, for an amount not to exceed $257,300. (Funding: 010-090-M04G-20007015)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
E. Take all appropriate action on Part I and IT of DesignlBuild Agreement between Fort
Bend County and Jaco Construction for Jane Long Annex roof replacement pursuant to
Q04-099, for an amount not to exceed 546,088. (Funding: 0IO-090-M04E-20oo-7015).
Moved by Commissioner Stavinoha, Seconded by Commissioner Patterson, duly put and
unanimously carried (5-0), it is ordered to approve Part I and II of DesignlBuild Agreement
between Fort Bend County and Jaco Construction for Jane Long Annex roof replacement pursuant
to Q04-099, for an amount not to exceed $46,088. (Funding: I0-090-M04E-2000-70 I 5).
o
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
F. Take all appropriate
action to consider granting an exemption to tbe competitive bid
process as antborized by Section 262.024 (a)(4) of the Local Government Code for the
purcbase of a professional service from tbe following:
I)
Darryl B. Carter, LLC for legislative consulting services, for an amount not to
exceed $36,000 for a two-year period. (Funding: 045-4010)
2)
Jim Sbort, Inc. for legislative consulting services, for an amount not to exceed
Moved by Commissioner Meyers, Secondcd by Commissioner Prestage, duly put and unanimously
carried (5-0), it is ordered to grant an exemption to the competitive bid process as authorized by
Section 262.024 (a)(4) of the Local Government Code for the purchase of a professional service
from the following:
I) Darryl B. Carter, LLC for legislative consulting services, for an amount not to exceed
2) Jim Short, Inc. for legislative consulting services, for an amount not to exceed $36,000
for a two-year period. (Funding: 045-40 I 0)
Judge Hebert
yes
yes
yes
Commissioner Meyers
17
yes
yes
November 9, 2004
Item 39 continued
Purchasing:
G. Take all appropriate
action to consider granting an exemption to the competitive bid
process as autborized by Section 262.024 (a)(7) Texas Local Government Code for the
purchase of an item available from only one source for the following:
I)
Tutor.Com for online remote access, for an amount not to exceed $36,000.
2)
SBC Southwestern Bell for renewal of maintenance agreement, for an amount not
to exceed $41,000. (Funding: Library 4010)
3)
TAC Americas, Inc. for renewal of agreement, amount not to exceed $42,000.
4)
Hart Intercivlc for renewal of maintenance agreements, amount not to exceed
$73,000. (Funding: County Clerk 4010)
unanimously carried (5-0), it is ordered to grant an exemption to the competitive bid process as
autborized by Section 262.024 (a)(7) Texas Local Government Code for tbe purchase of an item
available from only one source for tbe following:
I)
Tutor.Com for online remote access, for an amount not to exceed $36,000.
2)
SBC Soutbwestern Bell for renewal of maintenance agreement, for an amount not to
exceed $41,000. (Funding: Library 4010)
3)
TAC Americas, Inc. for renewal of agreement, amount not to exceed $42,000.
4)
Hart Intercivic for renewal of maintenance agreements, amount not to exceed $73,000.
(Funding: County Clerk Fund 144-40 I0)
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
H. Take all appropriate action to accept witbdrawalletter
from Cochran Wholesale for
Section 5 of Bid #04-088 Medical Supplies, and autborize award to Bound Tree Medical.
unanimously carried (5-0), it is ordered to accept withdrawal letter from Cochran Wholesale for
Section 5 of Bid #04-088 Medical Supplies, and autborize award to Bound Tree Medical.
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
I. Take appropriate action to authorize contract negotiations with Louisiana Binding Services
for Restoration and Preservation of Documents pursuant to QOS-002.
unanimously carried (5-0), it is ordered to autborize contract negotiations with Louisiana Binding
Services for Restoration and Preservation of Documents pursuant to Q05-002.
Judge Hebert
Commissioner Meyers
yes
yes
yes
18
yes
yes
November 9, 2004
Corrected Copy
40.
item 408
SHERIFF'S OFFICE:
A. Take all appropriate action on Agreement between Fort Bend County and Fort Bend
County Municipal Utility District No. 30 to provide Contract Deputy Services through
September 30, 2005.
unanimously carried (5-0), it is ordered to approve agreement between Fort Bend County and Fort
Bend County Municipal Utility District No. 30 to provide Contract Deputy Services through
September 30, 2005.
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
B. Take all appropriate action on request to transfer the amount of $62,485 from Contract
Deputy Reimbursement (010-827-2716-OOCD)$56,850 and Contract Deputy Allocation
(010-827-0270-9402) $5,635 into line items as detailed on Auditor's form dated October
19,2004, to amend the budget pursuant to Local Government Code §111.0706 for funds
received for the Fort Bend County Municipal Utility District No. 30 Contract Deputy
Agreement to be administered by the Sheriff's Office.
Contract Deputy Reimbursement (01O-027-2716-00CD) $56,850 and Contract Deputy Allocation
(010-027-0270-9402) $5,635 into line items as detailed on Auditor's form dated October 19,2004,
to amend the budget pursuant to Local Government Code §111.0706 from funds received for the
Fort Bend County Municipal Utility District No. 30 Contract Deputy Agreement to be administered
by the Sheriff's Office.
Judge Hebert
41.
yes
yes
yes
Commissioner Meyers
yes
yes
TREASURER: Take all appropriate action on request to transfer the amount of $5,000 from
Non-Departmental Contingency (045-4040) into Treasurer Fees and Services (006-4010) to
allocate fnnds for purchase of increased Bond for County Treasurer.
Non-Departmental Contingency (045-4040) into Treasurer Fees and Services (006-4010) to
allocate funds for purchase of increased Bond for County Treasurer.
Judge Hebert
yes
yes
yes
Commissioner Meyers
19
yes
yes
November 9. 2004
42.
Approve Bills.
unanimously carried (5-0), it is ordered to approve bills in the amount of $2,405, 174.63.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
Recess.
Recessed at 2:02 p.m.
43.
Meet in Closed Session to deliberate tbe following matters as autborized by tbe Texas
Government Code:
§ 551.072. Deliberation Regarding Real Property. Commissioners Court will meet in Closed
Session to deliberate tbe purchase, exchange, lease or value of real property.
B. Land Matters, Pct. 2.
D. Land Matters, Pct. 4.
Closed Session.
Convened at 2: 18 p.m.
Adjourned at 3:07 p.m.
Reconvene.
Reconvened at 3:08 p.m.
44.
Reconvene Open Session and consider taking action on tbe following matters:
Regarding Real Property.
§ 551.072. Deliberation
unanimously carried (4-0), it is ordered to authorize Purchasing Agent to acquire a letter appraisal
for property in Pct. I.
Judge Hebert
yes
yes
absent
Commissioner Meyers
yes
yes
unanimously carried (4-0), it is ordered to authorize the County Attorney and County Engineer to
acquire tracts 31 and 32 of Fifth Street Mobility Project, land at appraised value plus closing cost;
and authorize County Judge to sign all necessary documents.
Judge Hebert
yes
yes
absent
Commissioner Meyers
20
yes
yes
November 9. 2004
Item 44 continued - reconvene open session and consider taking action on the following matters:
unanimously carried (4-0), it is ordered to authorize County Attorney and County Engineer to
acquire property in Pet. 3 for Harlem Road Project not to exceed $70,000 plus closing cost; and
authorize County Judge to sign aU necessary documents.
Judge Hebert
yes
yes
absent
Commissioner Meyers
yes
yes
unanimously carried (4-0), it is ordered to authorize the County Attorney and County Engineer to
acquire two plus acres of land with attendant closing cost for West BeUfort Mobility Project; and
authorize County Judge to sign all necessary documents.
Judge Hebert
45.
yes
yes
absent
Commissioner Meyers
Adjournment.
Commissioners Court adjourned at 3: 12 p.m. on Tuesday, November 9, 2004.
21
yes
yes
November 9, 2004
DRAINAGE DISTRICT BOARD MlNUTES
BE IT REMEMBERED, That on this 9&day of NOVEMBER, 2004, The Drainage District Board of Fort
Bend County, Texas, met at a scheduled meeting with the following present:
ROBERT E. HEBERT
COUNTYWDGE
TOM D. STAVINOHA
COMMISSIONER
GRADY PRESTAGE
COMMISSIONER PRECINCT #2
ANDY MEYERS
COMMISSIONER PRECINCT #3
JAMES PATTERSON
COMMISSIONER
DIANNE WILSON
COUNTY CLERK
DAN GERKEN
DRAINAGE DISTRICT MANAGER
PRECINCT # I
PRECINCT #4
When the following were heard and the following orders were passed:
I.
Call to Order.
Call to Order by Judge Hebert at 1:25 p.m.
2.
Approve transfer in the amount of $4,203 from Rollover Contingency (010-045.4040) into
Drainage line items as detailed on Auditor's form dated November 4, 2004 to allocate funds
for purchase orders created in 2004 with goods delivered in 2005.
unanimously carried (5.0), it is ordered to approve transfer in the amount of $4,203 from Rollover
Contingency (010-045-4040) into Drainage line items as detailed on Auditor's form dated
November 4, 2004 to allocate funds for purchase orders created in 2004 with goods delivered in
2005.
Judge Hebert
3.
yes
yes
yes
Commissioner Meyers
yes
yes
Take ail appropriate action on Bid #05-001 for Dirt Removal.
unanimously carried (5-0), it is ordered to award bid #05-001 to Barricade, Arrowboard, & Traffic
Sign Service of Texas, Inc. to haul dirt to the vendor's location.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
November 9, 2004
4.
Take all appropriate action to authorize the purchase of one (1) pick-up truck.
unanimously carried (5-0), it is ordered to authorize the purchase of one (I) pick-up truck
from Caldwell Country. (Fund: 115-051-0510-6025 approved in 2005 budget)
Judge Hebert
5.
yes
yes
yes
Commissioner Meyers
yes
yes
Adjournment.
The Drainage District Board adjourned at 1:27 p.m. on Tuesday, November 9, 2004.
2
PUBLIC PARTICIPATION FORM
3-MINUTE TIME LIMIT
PLEASE COMPLETE ALL APPROPRIATE BLANKS.
WRITE LEGIBLY.
PLEASE PRINT OR
NAME: Ll.~~~f-J-'~-=:::...:::::::....:.-=--...c:::..:~::...-_--~----HOME ADDRESS:
~'--..:::~_"":""':''':'''=:''''''':'_---7'L-_-----
HOME PHONE:
PLACE OF EMPLOYMENT:
34
lOVE/:)
WORK PHONE:
DO YOU REPRESENT A PART CULAR GROUP OR ORGANIZATION
IF YOU REPRESENT A
NAME, ADDRESS A
ORGANIZATION:
WHICH
0
)/
ROUP/ORGANIZATION, PLEASE STATE THE
PHONE NUMBER OF SUCH GROUP OR
ENDA ITEM DO YOU WISH TO ADDRESS?~jV--::.O
_
ERAL, ARE YOU FOR OR AGAINST SUCH AGENDA ITEM? )/D
NOTE: THIS PUBLIC PARTICIPATION
FORM MUST BE PRESENTED TO THE
COUNTY CLERK OR COUNTY JUDGE PRIOR TO THE TIME THAT THE AGENDA
ITEM YOU WISH TO ADDRESS IS DISCUSSED BEFORE THE COURT. THERE IS
A 3-MINUTE TIME LIMIT.
FORT BEND COUNTY ENGINEERING
Fort Bend County. Texas
D. Jesse Hegemier
County Engineer
October 5, 2004
Commissioner W. A. "Andy" Meyers
Fort Bend County Precinct 3
1809 Eldridge Road
Sugar Land, Texas 77478
RE:
Kingsbridge Village, Section 2 . Tramc Control Plan
Dear Commissioner:
Fort Bend County Engineering has completed and recommends approval of the traffic control plans
for the above referenced subdivisions. The public hearing date for acceptance of the plans is
scheduled for November 9,2004.
A copy of the traffic control plan is attached for your review. If you should have any questions,
please give me a call.
Sincerely,
~;(~.;?
Steven L. Evans
Assistant to County Engineer
SLEJmjs
cc:
Judge Robert E. Hebert, County Judge
Marc Grant - FBC Road & Bridge
Marc Grant - Signage Department
File
P.O. Box IH9
• IIc4
Blume Road'
1,1WPOAT AILEITERSITRAFSTUD\020651
Rosenberg. Texas 77471 • (c81) 633-7500'
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SYMBOL LEGEND
~
D3-1 Street
naMe blade
RH Stop sign (RH) with street
Fon BendCountyEngineeringDept.
1124 BlumeRoad
Rosenberg,Texas77471
naMe blade <D3-D
R2-1 30 M.p.h.speed liMit sign
R2-1 35 M.p.h.speed liMit sign
'.114-2 No outlet
sign
1£1 '.111-2Crosswalk sign
~
Kingsbridge Village
Control Map and
Street Sign Layout
1J1I-2A Advance to crosswalk sign
The purpose of this tro.fflc
rawn
control
plo.n Is to esto.lolish tro.fflc control
Klngslorldge Villo.ge, section 2,
for
B)':L Brdecka
Shoot
Doto: 10-4-04
Approvod
By:S. Evono
Dote: 10-4-04
00
1" = 200'-0"
Sec. 2
COMMISSIONERS
FORT BEND COUNTY
COURT AGENDA REQUEST FORMIG~NDi'" ~TEM
RETURN TO: AGE:'-IDA COORDINATOR
DATE SUBMITTED:
SUMMARY OF ITEM:
RENEWAL
A·2
11/9/04
TAKEALL APPRIlPRlATEAC'rION ro ACCEPTTHE AIIAIlIXIIEII'r ORDERFOR LElA DRIVE AIIDllAIIIlllLF
IlRIVE AIIDTHE ACCIlI.'TAIIl:E OF THE SOItIIIIIE\lT IIIDIISTRIALPARK,SECTION 3 REPLAT, PeT.I.
Yes ( )
CONTRACT/AGREEMENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BA7'l'SIAGEIIIlACOORDIIIAroRIAGENDA
DEPARTMENT:
043-EllGIllEEIIIIKi
#
PHONE :'-10.:
(281) 633-7507
5
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
ITEM:
ANNUALIZED DOLLARS:
COMMENTS:
. , ,
Yes ( ) No()
Fund
N/A()
Funding Source:
Agency
Object
One Time
()
Recurring
:'-I/A
()
( )
Ji l
11104
Original Form Submitted with back up to County Judge's Office: ( ) ( 01' when completed)
If by E-Mail to ospindon!iico.fort-bend.tx.us
If by Fax to (281) 341-8609
Copies with back-up to:
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
( ) Purchasing Agent
(281-341-8697)
( ) County Clerk
Instructions for submitting an Agenda Request:
1.
2.
3.
Completely fill out agenda form, incomplete forms will not be processed.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office mail, and all information must be provided by
\Vednesday at 2:00 p.m. to the departments listed above.
All original back-up must be received in the County Judge's Office by 2:00 p.m. on Wednesday.
~£O'~~~~Q
,
,
FORT BEND COUNTY ABANDONMENT
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
On this the ~
day of
Commissioners'
UO\l er<\'o...er
,20ft-,
ORDER
at a regular meeting of the
Court of Fort Bend County, Texas came on to be heard the matter of the
abandonment of a right-of-way easement in that certain tract or parcel of land situated in the
County of Fort Bend, State of Texas, more particularly described by meets and bounds on
Exhibit" A" attached hereto and made a part hereof.
EXHIBIT "A"
After due consideration, the Court found that the above described right-of-way easement
was never accepted by the County for any purpose and is surplus to the County's needs and that
the public interest would be better served if such above described right-of-way easement was
abandoned.
NOW, THEREFORE,
~n
motion of Commissioner
seconded by COmmiSSionerteS±~..
majority of the members
, duly put and carried by the consent of a
of Commissioners'
Court, it is ORDERED,
ADJUDGED
and
DECREED by the Court that whatever interest Fort Bend County may have had in the above
described right-of-way easement be, and it is hereby abandoned.
.
EXECUTED
this ~
.'
day of
\\p\liJ'l\,W,
20 -=9:....Jl!,--_
By: +P:~~~qt."'-----obert E. Hebert, County Judge
ATTEST:
Dianne Wilson, County Clerk
c.<:.ti\', \\-~
-v\ ....5A/d-
Upon recording please return to Nathan D. Hatcher,
file: Southbelt Industrial Park, Sec. 3 Replat
~v
I[\
~\~'K-~A~~EDIROW\Aband_ril74_fl>e.d'"
FBC Engineering
FORT BEND COUNTY E:"iGINEERI:"iG
Fort Bend County. T~.\as
AS PER ORIGINAL
September 23. 2004
Commissioner Tom D. Stavinoha
FOr! Bend County Precinct I
P.O. Box 762
Richmond. Texas 1'7406-0762
RE:
Abandonment of Lela Drive and Randolph Drive
South belt Industrial Park, Section 3 Replat
Dear CommiSSIOner Stavinoha:
Herewith attached is a copy of the Abandonment Order for the ret'erenced right-of-way. These
roadways were platted with the original subdivision of y!cIntyre Acres. Also attached is a copy of
the Replat of Southbelt Industrial Park. Section 3 that will realign and plat West Dri ve and subdi vide
the tract into three commercial reserves.
The Abandonment Order is for the abandonment of leia Dri ve and Randolph Drive of which neither
of the streets were constructed. However. Lela Drive is on the County Road Log accepted in 1986
blanket acceptance. Upon approval of the replat it will be deleted from the road log.
The Engineering Department recommends acceptance of the Abandonment Order and acceptance
of the Southwest Industrial Park, Section 3 Replar.
A public hearing is being set for the replat and the abandonment on the October 5the agenda.
Should you have any questions please do not hesitate to call 281-633-7515.
Since~ly,
L
1..
f
L., I:
f;1Cx~......
1:/
N' than D. Hatcher
NDHlmjs
Attachments
cc:
File
ru.
(:\WPDA
80\
! j..j.9 • 1: ~j Blum:
TA\LEITERS\DEV\,Q
1{\),lJ
I 05701.)4 _JO I. ''>''pJ
•
:\'\',':~l':"::''';.
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-- -
AS PER ORIGINAL
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Job No. F04178
ATIACHMENT
NOTE:
"A"
BEARINGS BASED ON CITY OF HOUSTON MONUMENT SYSTEM.
TRACT 1
BEING 1.8751 ACRES BEING ALL OF RANDOLPH DRIVE AS DESCRIBED IN
MciNTYRE ACRES, AN ADDITION IN FORT BEND COUNTY, ACCORDING TO THE
MAP OR PLAT THEREOF, RECORDED IN VOLUME 235, PAGE 422 OF THE DEED
RECORDS OF FORT BEND COUNTY, TEXAS, SAID 1.8751 ACRES BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING at a found 1/2 inch iron rod capped no. 4966, on the Northeast corner of
Block 3 of said MciNTYRE ACRES;
THENCE South 870 42' 16" West, along the Northerly line of said Block 3, a distance of
224.67 feet to the POINT OF BEGINNING and a found 1/2 inch iron rod capped no. 4966
and being the Northeast corner of the herein described Drive;
THENCE South 020 05' 44" East, along the Westerly line of said Block 3, a distance of
1020.48 feet to a found 1/2 inch iron rod capped no. 4966 on the Northerly line of Blue
Ridge Road (80 feet of right-of-way), being the Southeast corner of the herein described
Drive;
THENCE South 860 57' 16" West, along said Northerly line, a distance of 80.01 feet to a
found 1/2 inch iron rod capped no. 4966, being the Southeast corner of Block 2 of said
MciNTYRE ACRES, and being the Southwest corner of the herein described Drive;
THENCE North 020 OS' 44" West, along the Easterly line of said Block 2, a distance of
1021.53 feet to a found 1/2 inch iron rod capped no. 4966, being the Northeast corner of
said Block 2 and the Northwest corner of the herein described Drive;
THENCE North 870 42' 16" East, a distance of 80.00 feet to the POINT OF BEGINNING
and containing 1.8751 acres or 81,680 square feet of land more or less.
TRACT 2
BEING 1.8878 ACRES BEING ALL OF LELA DRIVE AS DESCRIBED IN MciNTYRE
ACRES, AN ADDITION IN FORT BEND COUNTY, ACCORDING TO THE MAP OR PLAT
THEREOF, RECORDED IN VOLUME 235, PAGE 422 OF THE DEED RECORDS OF
FORT BEND COUNTY, TEXAS, SAID 1.8878 ACRES BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING at a found 1/2 inch iron rod capped no. 4966, on the Northeast corner of
Block 3 of said MciNTYRE ACRES;
THENCE South 870 42' 16" West, along the Northerly line of said Block 3 and Block 2 of
MciNTYRE ACRES, a distance of 754.01 feet to the POINT OF BEGINNING and a found
1/2 inch iron rod capped no. 4966 and being the Northeast corner of the herein described
Drive;
THENCE South 020 05' 44" East, along the Westerly line of said Block 2, a distance of
1027.41 feet to a found 1/2 inch iron rod capped no. 4966 on the Northerly line of Blue
Ridge Road (80 feet of right-of-way), being the Southeast corner of the herein described
Drive;
THENCE South 860 57' 16" West, along said Northerly line, a distance of 80.01 feet to a
found 1/2 inch iron rod capped no. 4966, being the Southeast corner of Block 1 of said
MciNTYRE ACRES, and being the Southwest corner of the herein described Drive;
THENCE North 020 05' 44" West, along the Easterly line of said Block 1, a distance of
1028.46 feet to a found 1/2 inch iron rod capped no. 4966, being the Northeast corner of
said Block 1 and the Northwest corner of the herein described Drive;
THENCE North 870 42' 16" East, a distance of 80.00 feet to the POINT OF BEGINNING
and containing 1.8878 acres or 82,235 square feet of land more or less.
DATED this 17'h day of August, 2004
DEW
RPLS 0.4966
Revised for typo 8/19/04
F04178
2
B & B SURVEYING CO. 808 TRAVIS STREET SUITE 410
'~.""''''
HOUSTON. TEXAS 77002 (713) 942-2000
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BLUE RIDGE-RoAD (80' R.O.W.)
v. 235. PC. 422 D.R.F.B.C.
SKETCH OF EXISTING LELA AND RANDOLPH DRIVE
DESCRIPTION:
SEE AITACHMENT DAD ATIACHED HERETO
SET 1/2
INCH IRON ROO
PROPERTY OR
CONVEYANCE UNE
WALL UNE
D.R.F.B.C.
,".R.H.C.
ROTATION ANGLE
=
=
•
-
DEED RECORDS OF
FORT BEND COUNTY
t.4AP RECORDS OF
HARRIS COUNTY
-=
00"
HEREBY MADE PART OF THIS CERTIFICATION.
-.
LEGEND
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
t2..D F-"J
'-::'
Yh~
~frF:T(J
HOME PHONE:
'l'
J'<.5
-47ff'
1-./
77477
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PLEASE PRINT OR
103
WORK PHONE:
767- 2'/2
PARTICULAR GROUP OR ORGANIZATION
_
IF YOU REPR
NT A GROUP/ORGANIZATION, PLEASE STATE THE
NAME, ADD SS AND PHONE NUMBER OF SUCH GROUP OR
ORGANI
ON:
WHICH AGENDA ITEM DO YOU WISH TO ADDRESS?_---:::=.....-=-=--='IN GENERAL, ARE YOU FOR OR AGAINST SUCH AGENDA ITEM?
bt'2-
~~I62L
SIGNATURE
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
PLEASE PRINT OR
HOME ADDRESS: --"'C-.J..-LLL- ..........
~..I.L..!..l........L.1.Ll.l~¥--:::::J.-----
HOME PHONE:
WORK PHONE:
NT A PARTICULAR GROUP OR ORGANIZATION
_
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RESENT A GROUP/ORGANIZATION, PLEASE STATE THE
DRESS AND PHONE NUMBER OF SUCH GROUP OR
.•y.u....TION:
WHICH AGENDA ITEM DO YOU WISH TO ADDRESS?5]3
I
IN GENERAL, ARE YOU FOR OR AGAINST SUCH AGENDA ITEM?
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SIGNATURE
t
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
NAME:
PLEASE PRINT OR
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HOM E ADDRESS:
_
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HOME PHONE:
WORK PHONE:
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DO YOU REPRESENTA PAR
IF YOU REPRESENT
NAME, ADDRESS
ORGANIZATION:
D
CULAR GROUP OR ORGANIZATION
fl/6
GROUP/ORGANIZATION,
PLEASE STATE THE
PHONE NUMBER OF SUCH GROUP OR
WHICH AGENDA ITEM DO YOU WISH TO ADDRESS?
6Q·/
INGENE~~ YOUFORO:~:::UCH &;M'
m
NOTE: THIS PUBLIC PARTICIPATION FORM MUST BE PRESENTED TO THE
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
PLEASE PRINT OR
~7DNCDIE
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1?A
HOME ADDRESS: _::::.......J'--~_--===.;:::...J.J.~~.:...-+-~::.....::....:...-..l..---
HOME PHONE:
WORK PHONE:
DO YOU REPRESENT
ARTICULAR GROUP OR ORGANIZATION
_
IF YOU REPRESE T A GROUP/ORGANIZATION,
PLEASE STATE THE
NAME, ADDRE
AND PHONE NUMBER OF SUCH GROUP OR
ORGANIZATIO :
WH
I
H AGENDA ITEM DO YOU WISH TO ADDRESS?
0D 1.-
GENERAL, ARE YOU FOR OR AGAINST SUCH AGENDA ITEM?
,
1\
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tltJr---
FO
MUST BE PRESENTED TO THE
3-MINUTE TIME LIMIT
PLEASE COMPLETE ALL APPROPRIATE BLA
WRITE LEGIBLY.
NAME:
'----'----1
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';)"
)().
DO YOU REPRE
:....-~~-=..::~-L--LAil-J-=:.-
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PLACE OF EMPLOYME
WORK PHONE:
PLEASE PRINT OR
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HOME ADDRESS: _.:::::::...-J....l~:....::;.L- __
HOME PHONE:
.
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NT A PARTICULAR GROUP OR ORGANIZATION
IF YOU REP ESENT A GROUP/ORGANIZATION,
PLEASE STATE THE
NAME, AD
ESS AND PHONE NUMBER OF SUCH GROUP OR
ORGANIZA ION:
WHICH AGENDA ITEM DO YOU WISH TO ADDRESS?_-.:::......:..::::..:::==__
/
SIGNi2Jww~
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
PLEASE PRINT OR
//1
/
//
~ CP T''1.f. ~ /02.'1 / Cr-HOM E ADDRESS: _--=-:....:....:_~~.:...:...::..::.::...::::.¥-.::..:...:....-
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7 7'1'i<-/
_
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HOME PHONE:
WORK PHONE:
DO YOU REPRESENTA PARTI ULAR GROUP OR ORGANIZATION
;Jo
IF YOU REPRESENT A G OUP/ORGANIZATION,
PLEASE STATE THE
NAME, ADDRESS AND PHONE NUMBER OF SUCH GROUP OR
ORGANIZATION:
WHICH AGENDA TEM DO YOU WISH TO ADDRESS?--=::...-----0 b1
_
3-MINUTE TIME LIMIT
WRITE LEGIBLY.
PLEASE PRINT OR
NAME: _-..t:::.~::.L-~_----:::";"':-:""';--l._----+--------
HOME PHONE:
WORK PHONE:
LAR GROUP OR ORGANIZATION
_
IF YOU REPRESENT A G
UP/ORGANIZATION,
PLEASE STATE THE
NAME, ADDRESS AND PHONE NUMBER OF SUCH GROUP OR
ORGANIZATION:
WHICH AGEND
:rEM DO YOU WISH TO ADDRESS?_~~=:::::=-
__
~Cj'8~i'S+
SI~
COMMISSIONERS
FORT BEND COUNTY
AGENDA
COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORDINATOR
DATE SUBMITTED:
- COUNTY JUDGE'S OFFICE
SUBMITTED BY: Sheila Whiting
DEPARTMENT:
024
PHONE NO.: 281-403-8019
November 3, 2004
COURT AGENDA DATE:
~n:~Jl
11-09-04
AGENDA
#
SUMMARY OF ITEM: Record into the minutes, corrected dates (November 11-17, 2004) for out-of-state travel for Constable
Ruben Davis to attend the 1111h Annual IACP Training Conference in Los Angeles, CA. (Previously approved on October 26,
2004) Fund 024 4014
RENEWAL CONTRACT/AGREEMENT:
Yes ( )
LIST SUPPORTING
Letter of Explanation
DOCUMENTS
ATTACHED:
No(X)
supporting
the change.
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes (X) No()
Funding Source:
Fund 010 Agency 024
ANNUALIZED DOLLARS:
N/A()
One Time
()
Object 4011
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( -/ when completed)
If by E-Mail to ospindon@co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( X ) Comm. Pet. 1
(281-341-3774)
(X) Auditor
(281-403-8009)
( X) Comm. Pet. 2
(281-344-3954)
(X) Budget Officer
(281-242-9060)
( X) Comm. Pet. 3
(281-341-4557)
(X) County Attorney
(281-980-9077)
( X ) Comm. Pet. 4
(281-341-8642)
(X) Purchasing Agent
(281-341-8697)
(X) County Clerk
Instructions
I.
2.
3.
for submitting an Agenda Request:
Wednesday at 2:00 p.m. to the departments listed above.
RECOMMENDATION
/ ACTION REQUESTED:
CONSTABLE DEPARTMENT - PRECINCT TWO
Fort Bend County, Texas
(281) 403-8010
Fax (281) 403-8025
RUBEN DAVIS
Constable
TO:
Commissioner's
Court
FROM:
Sheila Whiting
Administrative Assistant
DATE:
November 3, 2004
RE:
Letter of Explanation regarding Amendment of dates for 111 th Annual IACP
Training Conference.
~11
Constable Davis is scheduled to attend an AnnualiACP Board Meeting on Friday 12,2004 at
8:00AM, The meeting will be held at the host hotel in Los Angeles, CA. prior to the training
conference. Please amend the IACP Training Conference dates from November 12-17, 2004 to
November 11-17, 2004.
Your consideration is greatly appreciated!
P.O. Box 2039
•
3m Texas
Parkway. Missouri City. Texas 77459
FORT BEND COUNTY
'::;;:'7\\!Dtd
1 dfi
COMMISSIONERS COURT AGENDA REQUEST F~RiVl
RETl:R.'i
AGE'iDA
COORDI'iATOR
CO CRT AGE:-ID.-\. DATE:
- COUNTY
JUDGE'S
(,.8
11/9/04
APPROVE lIILLIAII (BILL) Pt.TlY '1'0 IIIAIII,FLORIDA,[l!!02!BER
9TH IIlIZARDOl1S IIM'EIUALS JWiAGmtEIIT ct1iFElmiCE !JWIIlIlA)
OF ITE:\I:
OFFICE
SUB:VIITTED BY: P.BATTS(AGDIDA COORDDlATOR)AGENDA
DEPARTME:-IT:
043-EllGINEERlNG
#
PHONE '10.:
(2SI) 633-7507
11/1/04
DATE SUBMITTED:
SL1\lMARY
TO:
5TH - IOTH,2lJ04 '1'0 Al'TtlID THE
ON 00llSEIIllW
AND SIIALL BUSIII&SS
KASTE. (PUND:043-4014)
RE:-IEWAL
CONTR.-\.CT.AGREEME:-IT:
LIST SCPPORTI:-IG
DOCU,>IE:-ITS
Yes ()
'10 ( )
ATTACHED:
FINANCIAL SUMMARY:
BCDGETED
Yes ( ) :-10 ()
I
Fund
MiNCALlZED
ITE.~I:
'if A ( )
Funding Source:
Agency
Object
COMME:-ITS:
DOLL.~S:
One Time
()
Recurring
()
'ii.-\.
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( ./ when completed)
If by E-Mail to ospindoniii co,fon-bend.t\.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm, Pct. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Camm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
Instructions
1.
2.
Completely fiB out agenda form, incornplete forms will not be processed.
Agenda
Request
Forms
may be submitted
bye-mail.
fax. or inter·office
mail, and all information
\'Vednesday at !:OO p.m. to the departments
3.
.-\11origin:ll
b:lck-up
listed above.
must be received in the County .Judge's
RJo:CO\nlJo:'iD.\T10\
Office by 2,:00 p.m. on Wednesday.
ACTIO'i
REQlESTED:
must be provided
by
LUU4
L;onrerence
•
What is
2004
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Us
NAHMMA
913-381-4458
8826 Santa Fe Drive,
Suite 208
Overland Park, Kansas
The conference has been
rescheduled!
19th ANNUAL NAHMMA
HAZARDOUS MATERIALS
MANAGEMENT CONFERENCE ON
HOUSEHOLD & SMALL
BUSINESS WASTE
December 6-10,
2004
Fontainebleau Hilton Resort
Miami Beach, Florida
66212
nohmmo@sbeglobal.net
$99/night standard room'
Call 305-538-2000 to make your hotel
reservation.
(the hotel rates are available the
weekends before and after the
conference)
Please review the updated agenda as
there have been changes, especially to
the tour and training schedules. There may
be some further minor changes to
the agenda, so please continually check
this website for the most updated version.
http://www.nahmma.org/2004conference/
11/1/2004
. ~~..... _ ..........
2004 Conterence
If you registered for the original conference
dates then you are already registered for
these new dates. If you want to
change anything about your original
registration (training, tours, etc.) or cancel
it, please contact NAHMMA at
nahmma@sbcglobal.netor 1-877-2921403. If you have never registered for the
conference, then please do so by
downloading the updated registration
form below.
The Fontainebleau Hilton Resort is and
has been the crown jewel of Miami Beach.
Long before the trendy street cafes and
nightlife scene erupted on South Beach,
the famed Fontainebleau was the home to
movie stars, politicians, celebrities and
notables. Rich in history, and visited by
every American president since
Eisenhower, this legendary hotel has
graced the Miami Beach landscape for 50
years. So pack your flip-flops, suntan
lotion and a smile ... you'll be on the beach
this holiday season!
'Optional conference room rates include
$119 per night for a room with an ocean
view, $129 per night for a room with an
ocean view and terrace, and $159 per
night for a room in the towers.
• Updated 2004 Agenda
• Updated 2004 Registration
Form
• Original 2004
Conference Brochure
• 2004 Conference
Sponsors List
• 2004 C<mference Exhibitor
and SponsorI:nformation
• Click here to downlood free Adobe
Acrobot Reoder
NAHMMA 19th Annual
1111/2004
LUU4
L;Onrerence
- - v -
Hazardous Materials
Management Conference on
Household and Small Business
Waste is being held in
conjunction with Florida s
Household Hazardous Waste
and Small Quantity Generator
Program Workshop on Miami
Beach during the first week
of December.
I
This will be an excellent
opportunity for HHW and
small business waste program
managers across the nation
to share ideas, experiences,
and network with vendors and
non-government
organizations. With a wide
variety of tours, training
classes, and technical
sessions this conference will
provide invaluable information
about removing hazardous
materials from the municipal
solid waste stream and the
environment. This year s
conference will have a special
focus on business hazardous
waste assistance and
compliance programs.
I
The conference registration
fees for the week are
$350/non-members
and
$250/members.
The hotel
11/1/2004
rdyt:
2004 Conference
'+ UI U
rate of $99/night will be
available the weekends
before and after the
conference. Special tours of
the Everglades and John
Pennekamp Park will be
available on
the Monday before and the
Friday after the conference
so bring your family, friends,
snorkel and a beach towel.
This is one conference you
won't want to miss!
Vendors: Take advantage of the
opportunity to "suntan" with
current and potential customers in
a setting where enthusiasm and
interest in your organization will
be piqued during conference
workshops and presentations.
Whether you choose to be an
exhibitor or a sponsor of the
conference, your name, products,
and services will gain valuable
exposure.
This year we will have two
concurrent tracts: Small Quantity
Generator/Conditionally Exempt
Small Quantity Generator
Programs and Household
Hazardous Waste Programs.
Select training workshops and
tours will highlight specific
elements in each of these
11/1/2004
t"'age
2004 Conference
::J
or
0
areas. Tuesday's evening opening
reception will be dedicated
exclusively to exhibitors. The
remaining evening, lunch, and
break functions are available for
single or joint sponsorships.
50 please consider supporting the
19th Annual North American
Hazardous Materials Management
Association Conference. You might
end up with a few new customers
and a whole "beach-full" of
friends!
Irene Gleason
NAHMMA Conference Committee
Chair
Florida Department of
Environmental Protection
2600 Blairstone Road, M5 4555
Tallahassee, Florida 32399-2400
Phone 850-245-8753
Fax 850245-8811 Email
Irene.Gleason@dep.state.fl.us _- --_.--'
---_.- -------
..
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Link to Florida State Press Release on
Conference
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http://www .nahmma .org/2004conference/
11/1/2004
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FORT BEND COUNTY
AGENDAITEM
COMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD.-COUNTY
DATE SUBMITTED:
JUDGE'S
OFFICE
SUBMITTED BY: Ann Werlein
DEPARTMENT:
County Judge
PHONE NO.:
10/26/04
COURT AGENDA DATE: 1I19104
AGENDA
#
.
SUMMARY OF ITEM:
FINANCIAL
Fund
Associates for
SUMMARY:
BUDGETED
Yes("')
Approve renewal of contract for FY05 between Fort Beud County and Hicks-Ricbardson
an amount not to exceed $10,000. (Fund: 010-045-0450-4010)
NoO
ANNUALIZED
ITEM:
NIAO
Funding Source:
Agency Object
DOLLARS:
OneTime
0
Recurring
N/A
( '" )
COMMENTS:
0
Original Form Submitted with back up to County Judge's Office: Yes ()
CC with back up:
yes (" )Auditor
yes ( ")Budget Officer
yes ( ")County Attorney
yes ( ")Purehasing Agent
yes (" )County Clerk
Instructions
1.
2.
3.
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(" )Comm.
( ")Comm.
( ")Comm.
(" )Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
Fax or inter-office copies of agenda form witb all back up information by Wednesday at 2:00 p.m. to tbe departments
listed above.
All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
U\Al!IiVl\.J(
1 ACTION
~
REQUESTED:
~ ~
~
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
CONSULTANT
AGREEMENT
THIS AGREEMENT is made and entered into as of 7'\,(rv<./M-!,<lJ\. q :loe'!
County ("County") and Hicks-Richardson Associates ("Consultant"). '
between Fort Bend
CONSUL TANT AND COUNTY agree as follows:
1.
SERVICES.
Consultant agrees to assist the County in attracting federal investment through the medium of
congressional earmarks, in order to help leverage County local funds.
Services will include consultations with County officials, Washington updates and reports, and
routine contact with Members of Congress and their staff at the direction of the County. Consultant
will perform specific services as requested by the County and approved by Commissioners Court.
2.
COMPENSATION.
Consultant shall be compensated at a monthly rate of $500.00 beginning October 1,2004 through
September 30 2005, plus reasonable expenses. Should specific projects be identified by the County
for Consultant to pursue as part of its federal agenda, Consultant would be compensated at a rate of
$100.00 per hour upon prior approval of Commissioners Court. Consultant shall be reimbursed for
actual expenses supported by properly submitted expense records. The total Contract amount,
which includes expenses, shall not exceed $10,000.00.
3.
COUNTY'S REPRESENTATIVE.
The County may designate a representative who will
serve as the primary contact for Consultant. If designated, Consultant shall report to this designated
representative and it is through this representative that day-to-day contact with the Court shall
occur. The County may also choose to have the entire Commissioners Court act as its contact in
which case Consultant shall report to the Commissioners Court by reporting to each of the five
members of the Court or their designees.
4.
TERM AND TER'\1.INATION.
The term of this Agreement shall begin on October I,
2004, and shall continue in effect through September 30,2005. Either party upon thirty (30) days
written notice may terminate this Agreement.
5.
COMPLIANCE WITH LAW.
Consultant agrees to render services in a manner that
complies with all applicable laws, rules and regulations, including ethics laws, rules and regulations.
Consultant agrees to properly register, if necessary, as a lobbyist representing the County, and to
make all necessary lobbying reports to the proper authorities.
RECORDED ON \\.\ ~.~
IN THE COMMISS'O~~OURT
MINUTESOF.
~~.'J~.
6.
POLITICAL CONTRIBUTIONS.
All of the compensation to be paid to Consultant is
for services to be rendered and is not paid pursuant to any agreement or understanding between
Consultant and the County that Consultant will make any contribution to a political party or
candidate.
7.
CONFIDENTIAL INFORMATION.
From time to time, the County may give
Consultant information, either orally or in writing. and indicate that the information is confidential.
Consultant shall protect such information, shall not disclose such information to anyone, and shall
not use the information for any purpose except for rendering service to the County.
8.
INDEPENDENT CONTRACTOR.
Consultant agrees that he is an independent
contractor. Consultant shall be solely responsible for the performance of his duties under this
Agreement and for all withholding taxes, including all federal, state and local taxes, and all
worker's compensation insurance.
9.
ASSIGNMENT.
Consultant shall not assign his rights or obligations
Agreement without the prior written consent of the County.
under this
10.
ENTIRE AGREEMENT.
The foregoing contains the entire Agreement of the parties
hereto and supersedes any and all prior written or oral Agreements between the parties relating to
the subject matter hereof. No modification of this Agreement shall be binding upon the parties
unless the same is in writing signed by the parties.
EXECUTED this ~
day of--.!JLJtI&~~"-----_----tL.
FORT
By:
ATTEST:~
Dianne Wilson, Ph.D, County Clerk
HICKS-RICHARDSON
I;. (~~
BY:_~
Date:
ASSOCIATES
10 - d)-"- O'f
AUDITOR'S CERTIFICATE
I hereby certity that funds are available in the amount of $,0,0(\0.00 to)'ay
Countywithin the foregoing Agreement.)
'9
t.
•
_
the~JJPJligo~i'lJ'~""'t...Bend
L
Ed Sturdivant, County Auditor
Ij:hick-richardson.renewal
consultantagr.doc:3550:
10. J 1.04
COMMISSIONERS
FORT BEND COUNTY
AA~J\II[;)A
I"fEWI
COURT AGENDA REQUESTF'URlVl·
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Ann Werlein
DEPARTMENT: County Judge
PHONE NO.:
10/25/04
COURT AGENDA DATE: 1119/04
AGENDA
#
"78
SUMMARY OF ITEM: Approve FY05 membership in the Texas Conference of Urban Counties for annual dues in the amount
of $8,735. (Fund: 010-045-0450-5030)
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( .. ) No 0
Fund
NIA
0
Funding Source:
Agency Object
ANNUALIZED DOLLARS:
OneTime
0
Recurring
( .. )
NIA
0
COMMENTS:
CC with back up:
yes (" )Auditor
yes ( ")Budget Officer
yes ( ")County Attorney
yes ( ")Purchasing Agent
yes (,( )County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(" )Comm.
( ")Comm.
( ")Comm.
(" )Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to the departments
listed above.
All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION 1 ACTION REQUESTED:
TEXAS Conference
of
Urban Counties
.. ..
"
10/12/2004
Chairman
Commissioner
Tim Brown
Bell County
Chair Elect
Commissioner
GlenWhitley
Tarrant County
ImmediatePast Chair
Commissioner
EI FrancoLee
Harris County
Fort Bend County Commissioners Court
Attention: Judge Bob Hebert
301 Jackson, Ste. 719
Richmond, Texas 77469
Statement
Urban
2005
"'"
of Annual Dues for Fort Bend County
2000 Population:
County
members
"
354.452
dues are
$2, 000
per county
plus
1.9
cents per capita,
as
approved
by CUC
on 0912312004.
eue Dues:
$8 735
Please make checks payable to Texas Conference of Urban Counties and mail to:
Vice-Chairmen
Texas Conference of Urban Counties
500 West 13th Street
Austin, Tx 78701
Urban Counties Federal 10 #: 74-3019904
Comm.MikeBradford
Midland County
JudgeDoloresBriones
EI Paso County
Comm.MikeCantrell
Dallas County
Comm.PhyllisCole
Collin County
Comm.AndyMeyers
Folt Bend County
Executive Director
DonaldLee
MemberCounties
Bell- Bexar
Brazoria - Brazos
Cameron - Chambers
Collin - Comal
Dallas - Denton
EJ P3~O - EI!i:;
Folt Bend - Galveston
Grayson - Gregg
Guadalupe - Harris
Hays - Hidalgo
Hunt - Jefferson
Johnson - Kaufman
Lubbock - McLennan
Midland - Nueces
Parker - Rockwall
San Patricio - Smith
Tarrant - Travis
Webb - Williamson
Wise
500 West 131h Street
Austin, TX 78701
Phone: 512.476.6174
Fax: 512.4765122
WWW.cuc.org
Urban
Counties
Programs
& Services:
INTERGOVERNMENTAL
RELATIONS(IGR) PROGRAM
This program represents the interests of urban counties in the Texas policymaking
process. Among many other priorities, some IGR projects are:
• Maintain continuous dialogue with state officials regarding proposals to limit
county revenue options and modify property taxes;
• Promote action to prevent prison overcrowding and jail backlogs;
• Opposition to unfunded mandates and restrictions on county authority;
• Promotion of fair funding for urban counties - based on population or number
of clients, rather than equal funding per county; and
• The Policy Analysis Project providing members with comprehensive analysis of
proposed legislation, AG opinions, and proposed rules impacting counties.
EDUCATIONPROGRAM
This program provides urban county officials with continuing education events on
issues of importance to their counties. Education programs include:
• Urban Counties luncheons;
• Biennial Education Conference; and
• Critical Issues Workshops and Executive Roundtables.
MEMBERSERVICESPROGRAM
This program develops projects that provide services directly to members, including:
• The Urban Counties Clippings Service, providing daily e-mails containing
articles of interest to county officials from state and national newspapers;
• Urban Counties Newsletters, which provide analysis and updates of important
issues and state policy developments;
• Public Power Pool, the largest electric power aggregator in Texas (P3 operating
expenses are funded by the participating entities); and
• TechShare Program, which develops projects that will save counties money
through shared information, resources, and efforts in technology procurement.
COMMISSIONERS
FORT BEND COUNTY
M3ENOA !TEM
RETURN TO: AGENDA COORD. - COUNTY JUDGE'S OFFICE
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
DATE SUBMITTED: 10/22104
COURT AGENDA DATE: 11/09/04
County Attorney
Pet. 1
(281) 341-4556
AGENDA
#
<(A
SUMMARY OF ITEM:
Deliberate and take action on Interlocal Project Agreement between Fort Bend County and City of Arcola to provide
assistance with drainage improvements and fabricating and installing signs on Disney Street, W. Davis Street, Greg
Street, Peach Street, and Arcola City Hall.
Yes ()
LIST SUPPORTING DOCUMENTS ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No()
N/A()
Agency
Original
Object
Form Submitted
Instructions
1.
2.
3.
(X)
(X)
(X)
(X)
Budget Officer
County Attorney
Purchasing Agent
County Clerk
for submitting
OneTime
( )
Recurring
( )
N/A
()
with back up to County Judge's Office:
CC with back up:
yes (X) Auditor
yes
yes
yes
yes
(X)
ANNUALIZED DOLLARS:
FUNDING SOURCE:
Fund
No
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
yes
(X)
(X)
(X)
(X)
(X)
COMMENTS:
Yes (X)
Comm. Pet.
Comm. Pet.
Comm. Pet.
Comm. Pet.
Marc Grant,
1
2
3
4
Road
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
& Bridge
an Agenda Request:
Completely fill out agenda form. Incomplete forms will not be processed.
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to
the departments listed above.
RECOMMENDATION / ACTION REQUESTED:
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
INTERLOCAL PROJECT AGREEMENT
This Interlocal Project Agreement ("Project Agreement"), is made and entered into pursuant to
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapters
251.012 and/or 251.015 of the Texas Transportation Code, between Fort Bend County, Texas,
("County") a body corporate and politic, acting by and through its Commissioners Court and the
City of Arcola ("Local Government") a county, municipality, special district, or other political
subdivision (including a corporate or political Local Government organized under State law),
acting by and through its City Council.
In consideration of the foregoing and further consideration of the mutual promises, covenants
and conditions herein, the parties hereby agree as follows:
1.
BASIC TERMS
This Project Agreement is entered into pursuant to the Primary Interlocal Agreement ("Primary
Agreement") previously agreed to by the parties on January 06, 2004. The terms of that Primary
Agreement are incorporated into this Project Agreement by reference for all purposes as if they
were set forth herein word for word.
County, by and through its Commissioners Court, hereby affirmatively finds that Fort Bend
County will receive a benefit as the result of this Project.
County, by and through its Commissioners
serves a public purpose.
Court, hereby affirmatively finds that the Project
County, by and through its Commissioners Court, hereby affirmatively finds that County is
specifically authorized by law to individually and independently construct the Project on its own.
Local Government, by and through its City Council, hereby affirmatively finds that Local
Government is specifically authorized by law to individually and independently construct the
Project on its own.
County and Local Government agree that, in performing the governmental functions
contemplated in this Agreement or in paying for the performance of those governmental
functions, each party will make that performance or those payments from current revenues
legally available to that party.
Order on the Interlocal Project Agreement
1
County and Local Government affirmatively find that the performance of this Agreement is in
the common interest of both parties, that undertaking this Agreement will benefit the public and
that the division of costs associated with the Project fairly and adequately compensate the
performing party for its services or functions performed under this Agreement.
Neither County nor Local Government intends for any third party to obtain a right by virtue of
this Agreement.
Local Government agrees that County is relying upon Local Government for notice to proceed
with this Project, but that County shall not be required to perform this Agreement within any
time limit.
County and Local Government understand and agree that County is an Independent Contractor
and that at no time will County's employees, agents or asignees be deemed for any purpose to be
employees or agents of Local Government.
County and Local Government understand and agree that Local Government is an Independent
Contractor and that at no time will Local Government's employees, agents or assignees be
deemed for any purpose to be employees or agents of County.
II.
PURPOSE
The purpose of this Project is to provide assistance with drainage improvements and fabricating
and installing signs on city-owned streets and/or property.
III.
TERM
The term of this Proj ect Agreement will be from the date of execution by the last party hereto
until midnight on September 30, 2005 or until the Project is completed, whichever is sooner.
However, either party may terminate this Agreement, with or without cause, by giving at least
ten (10) days written notice to the other party.
IV.
PROJECT DESCRIPTION
The Project contemplated by this Project Agreement is described as providing assistance with
drainage improvements and fabricating and installing signs on city-owned streets and/or property
V.
PROJECT LOCATION
The location for the Project is Disney Street, W. Davis Street, Arcola City Hall, Greg Street and
Peach Street, ("Project Site").
2
VI.
SCOPE OF WORK
COUNTY'S RESPONSIBILITIES:
County agrees to provide up to 27 equipment hours at $35.00 per hour, up to 27 man hours of
labor at $15.00 per hour, up to $0.00 in materials and up to $0.00 in cash to Local Government,
for a total expenditure not to exceed $1,350.00.
At County's sole expense, County will furnish the labor, equipment and materials necessary to
perform its responsibilities under this Agreement. If necessary, the County will load any
excavated material required by Local Government to be moved, onto trucks provided by Local
Government.
LOCAL GOVERNMENT'S
RESPONSIBILITIES:
Local Government agrees to assume material costs of approximately $110.00.
At Local Government's sole expense, Local Government will furnish the labor, equipment and
materials necessary to perform its responsibilities under this Agreement. Local Government will
provide all appropriate supervisory personnel necessary to coordinate the efforts of County and
Local Government personnel. Local Government will direct and be solely responsible for the
overall Project. Local Government will furnish all necessary materials to the Project Site in a
manner that will be sufficient to allow County personnel to work in a continuous, uninterrupted
manner. If necessary, Local Government will provide sufficient labor and equipment to haul any
materials excavated and loaded onto Local Government trucks by County. The number of trucks
furnished by Local Government will be sufficient to allow County personnel to work in a
continuous, uninterrupted manner. Local Government will schedule its labor and equipment to
correspond to County's schedules.
If necessary, Local Government will, at its sole cost and expense, be responsible for the design
of the Project. If necessary, Local Government will furnish to County plans that establish grades
and the size of any channels and any associated structures County is responsible for constructing.
If necessary, Local Government will furnish to County the initial on-ground survey alignment,
ditch cross sections and one (I) or more elevation benchmarks on the Project Site prior to the
commencement of work.
Local Government will obtain at its sole expense any and all necessary and/or required
permissions and/or permits, including NPDES, and provide all personnel necessary to implement
the provisions of such permits.
Local Government agrees, at its sole expense, to furnish all necessary flagmen, barricades, traffic
devices and traffic control for the entire duration of the Project.
Local Government will notify County within ten (10) days of the completion of the Project of
any complaints that Local Government may have regarding the Project. Upon completion of the
3
Project, Local Government will, at its sole expense, be responsible for the maintenance of the
Project.
VII.
MISCELLANEOUS
By entering into this Agreement, the parties do not intend to create any obligations, express or
implied, other than those specifically set out in this Agreement.
Nothing in this Agreement shall create any rights or obligations in any party who is not a
signatory to this Agreement.
Local Government agrees and understands that: by law, the Fort Bend County Attorney's Office
may only advise or approve contracts or legal documents on behalf of its clients; the Fort Bend
County Attorney's Office may not advise or approve a contract or other legal document on
behalf of any other party not its client; the Fort Bend County Attorney's Offices has reviewed
this document solely from the legal perspective of its client; the approval of this document by the
Fort Bend County Attorneys Office was offered solely to benefit its client; Local Government
and other parties should not rely on this approval and should seek review and approval by their
own respective legal counsel.
The Road Commissioner of Fort Bend County, at his sole discretion, shall decide any and all
questions that may arise as to the interpretation of this Agreement and any and all questions as to
the acceptable fulfillment of this Agreement.
It is expressly understood and agreed that this Agreement will have no force or effect until duly
executed by all parties.
Notices, correspondence, and all other communications shall be addressed as follows:
If to Fort Bend County:
Fort Bend County
301 Jackson, Suite 719
Attn: County Judge
If to City of Arcola:
City of Arcola
13222 Highway 6
Arcola, Texas 77583
Attn: Mayor Roy Jackson
IN WITNESS WHEREOF, the parties have executed this Project Agreement on the dates
indicated.
4
11-9-0'(
Robert Hebert, Fort Bend County Judge
Date
Attest:
.: ;.
.,'
. "
~.
,',
"
','
'~.'
~
-
Dianne Wilson, Fort Bend County Clerk
October
Mayor
12, 2004
Date
Attest:
REVIEWED:
Mar Grant
Fort Bend County Road Commissioner
I hereby certify that funds are available from current revenues legally available in the amount of
$1,350.00 to accomplish and pay the obligation of Fort Bends County under this Project
Agreement
g.U~;/Li:~ "
Ed Sturdivant, F~nd
County Auditor
5
.
~'
AS PER ORIGINAL
RECEIVED
JUL 2 7 200~
July 24, 2004
ROAD & BRIDGE
~
Tom StaV1DObiI
~,Pet.l
301 :I8GklIon
Richmond. TX 17469
U=~r..----_.
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MayOr. City of Areola
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_:
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..__._._. ..
Jut 21 '04
'. ~.._ _.__ -...:~-==-
W1MISSIONER STAVINOHRFax:281-342-0587
.'
.
~
~OFARCOLA
: 13222.HIGHWAY~
IlCOl.A, 11XAS 77513
Z81.JU1.0606
, fAX281-43l-1523
RECEIVED
ROAD & BRIDGE
July 15, 2004
HODODb~Tom St&viDoba
CommissioDC(, ~ 1
301 Jackson
I".
I.'·
Richmoftd. TX 77469
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fort Bead County, T-.
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RECORDEDON \\,\V'f:\
IN THE COMMISSI"'R~O~RT
MINUTES OF:
_..e,
OF ARCOLA
, 13222 f-IIGHWAY 6
OLA, TEXAS n5S3
281-431-0606
FAX28\-4~1-1S23
RECEIVED
AS PER ORIGINAL
ROAD & BRIDGE
RECEIVED
AuglM 13, 2004
HODOnWIe Tom Stavinoha
CommiiSioner,
p~. 1
ROAD & BRIDGE
301 Jackson
Ricimlolld, IX 77469
Dear Co!lill'lissionc:r Stavinoba:
The City of Ateo Ia is rtquesti!lg ass
132%%
sa 6-P1jIAMIDSIaD-a..."" ((I.
P.........
lea'" ..,.,air pili 1101
.. OR P
5-M Notfl P1.... PkaN n.-~4ri.y..
ce on !he following Io<:atiollS:
or" 'al'll", .....
d r__ CalY1IIrylbprlot Cb .... cIl. to Coat!> Lille
Again, Thank you fur your roD!'
AI
GipSOli,
Mayor. City of Arwlll
Fan Bend County, TQ;u.
lIg:sc
,
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_-,.,... .._._---_-..
,
I
COMMISSIONERS
FORT BEND COUNTY
AG~i\jIOA ITEM
RETURN TO: AGENDA COORD. - COUNTY JUDGE'S OFFICE
DATE SUBMITTED: 10/27/04
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
SUMMARY
County Attorney
Pet. 1
(281) 341-4556
AGENDA
#
~6
OF ITEM:
Deliberate and take action on Interlocal Project Agreement between Fort Bend County and Needville Independent
School District to provide assistance with mosquito control on district-owned property.
Yes ()
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ()
No ()
N/A ( )
Agency
Original
Object
Form Submitted
Instruetions
1.
2.
3.
(X)
(X)
(X)
(X)
Budget Officer
County Attorney
Purchasing Agent
County Clerk
for submitting
OneTime
()
Recurring
( )
N/A
()
with back up to County judge's
CC with back up:
yes (X) Auditor
yes
yes
yes
yes
(X)
ANNUALIZED DOLLARS:
FUNDING SOURCE:
Fund
No
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
Office:
COMMENTS:
Yes (X)
yes (X) Comm. Pet. 1
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
yes (X) Marc Grant, Road & Bridge
an Agenda Request:
\\ - \",-10,-\
§
STATE OF TEXAS
§
COUNTY OF FORT BEND
§
INTERLOCAL PROJECT AGREEMENT
This Interlocal Project Agreement ("Project Agreement"), is made and entered into pursuant to
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapters
251.012 and/or 251.015 of the Texas Transportation Code, between Fort Bend County, Texas,
("County") a body corporate and politic, acting by and through its Commissioners Court and
Needville I.S.D. ("Local Government") a county, municipality, special district, or other political
subdivision (including a corporate or political Local Government organized under State law),
acting by and through its Board of Trustees.
In consideration of the foregoing and further consideration of the mutual promises, covenants
and conditions herein, the parties hereby agree as follows:
1.
BASIC TERMS
This Project Agreement is entered into pursuant to the Primary Interlocal Agreement ("Primary
Agreement") previously agreed to by the parties on January 06, 2004. The terms of that Primary
Agreement are incorporated into this Project Agreement by reference for all purposes as if they
were set forth herein word for word.
County, by and through its Commissioners Court, hereby affirmatively
County will receive a benefit as the result of this Project.
finds that Fort Bend
County, by and through its Commissioners Court, hereby affirmatively finds that the Project
serves a public purpose.
County, by and through its Commissioners Court, hereby affirmatively finds that County is
specifically authorized by law to individually and independently construct the Project on its own.
Local Government, by and through its Board of Trustees, hereby affirmatively finds that Local
Government is specifically authorized by law to individually and independently construct the
Project on its own.
County and Local Government agree that, in performing the governmental functions
contemplated in this Agreement or in paying for the performance of those governmental
functions, each party will make that performance or those payments from current revenues
legally available to that party.
Page 1 of6
County and Local Government affirmatively find that the performance of this Agreement is in
the common interest of both parties, that undertaking this Agreement will benefit the public and
that the division of costs associated with the Project fairly and adequately compensate the
performing party for its services or functions performed under this Agreement.
Neither County nor Local Government intends for any third party to obtain a right by virtue of
this Agreement.
Local Government agrees that County is relying upon Local Government for notice to proceed
with this Project, but that County shall not be required to perform this Agreement within any
time limit.
County and Local Government understand and agree that County is an Independent Contractor
and that at no time will County's employees, agents or asignees be deemed for any purpose to be
employees or agents of Local Government.
County and Local Government understand and agree that Local Government is an Independent
Contractor and that at no time will Local Government's employees, agents or assignees be
deemed for any purpose to be employees or agents of County.
II.
PURPOSE
The purpose of this Project is to provide assistance with mosquito control on district-owned
property.
III.
TERM
The term of this Project Agreement will be from the date of execution by the last party hereto
until midnight on September 30, 2005 or until the Project is completed, whichever is sooner.
However, either party may terminate this Agreement, with or without cause, by giving at least
ten (10) days written notice to the other party.
IV.
PROJECT DESCRIPTION
The Project contemplated by this Project Agreement is described as providing assistance with
mosquito control on district-owned, ("Project").
V.
PROJECT LOCATION
The location for the Project is any and all district-owned property, ("Project Site").
Order on lhe Inlerloeal Project Agreement
Page 2 0[6
VI.
SCOPE OF WORK
COUNTY'S RESPONSIBILITIES:
County agrees to provide up to 6 equipment hours at $35.00 per hour, up to 6 man hours oflabor
at $15.00 per hour, up to $80.00 in materials and up to $0.00 in cash to Local Government, for a
total expenditure not to exceed $380.00.
At County's sole expense, County will furnish the labor, equipment and materials necessary to
perform its responsibilities under this Agreement. If necessary, the County will load any
excavated material required by Local Government to be moved, onto trucks provided by Local
Government.
LOCAL GOVERNMENTS
RESPONSIBILITIES:
Local Government agrees to assume all material costs at an estimated amount of $0.00.
At Local Government's sole expense, Local Government will furnish the labor, equipment and
materials necessary to perform its responsibilities under this Agreement. Local Government will
provide all appropriate supervisory personnel necessary to coordinate the efforts of County and
Local Government personnel. Local Government will direct and be solely responsible for the
overall Project. Local Government will furnish all necessary materials to the Project Site in a
manner that will be sufficient to allow County personnel to work in a continuous, uninterrupted
manner. If necessary, Local Government will provide sufficient labor and equipment to haul any
materials excavated and loaded onto Local Government trucks by County. The number of trucks
furnished by Local Government will be sufficient to allow County personnel to work in a
continuous, uninterrupted manner. Local Government will schedule its labor and equipment to
correspond to County's schedules.
If necessary, Local Government will, at its sole cost and expense, be responsible for the design
of the Project. If necessary, Local Government will furnish to County plans that establish grades
and the size of any channels and any associated structures County is responsible for constructing.
If necessary, Local Government will furnish to County the initial on-ground survey alignment,
ditch cross sections and one (I) or more elevation benchmarks on the Project Site prior to the
commencement of work.
Local Government will obtain at its sole expense any and all necessary and/or required
permissions and/or permits, including NPDES, and provide all personnel necessary to implement
the provisions of such permits.
Local Government agrees, at its sole expense, to furnish all necessary flagmen, barricades, traffic
devices and traffic control for the entire duration of the Project.
Page 3 of6
Local Government will notify County within ten (10) days of the completion of the Project of
any complaints that Local Government may have regarding the Project. Upon completion of the
Project, Local Government will, at its sole expense, be responsible for the maintenance of the
Project.
VII.
MISCELLANEOUS
By entering into this Agreement, the parties do not intend to create any obligations, express or
implied, other than those specifically set out in this Agreement.
Nothing in this Agreement shall create any rights or obligations
signatory to this Agreement.
III
any party who
IS
not a
Local Government agrees and understands that: by law, the Fort Bend County Attorney's Office
may only advise or approve contracts or legal documents on behalf of its clients; the Fort Bend
County Attorney's Office may not advise or approve a contract or other legal document on
behalf of any other party not its client; the Fort Bend County Attorney's Offices has reviewed
this document solely from the legal perspective of its client; the approval of this document by the
Fort Bend County Attorneys Office was offered solely to benefit its client; Local Government
and other parties should not rely on this approval and should seek review and approval by their
own respective legal counsel.
The Road Commissioner of Fort Bend County, at his sole discretion, shall decide any and all
questions that may arise as to the interpretation of this Agreement and any and all questions as to
the acceptable fulfillment of this Agreement.
executed by all parties.
Notices, correspondence, and all other communications shall be addressed as follows:
If to Fort Bend County:
Fort Bend County
Attn: County Judge
If to Needville I.S.D.:
Needville Independent School District
16227 Highway 36
Needville, Texas 77451
Attention: Superintendent
IN WITNESS
indicated.
WHEREOF,
the parties have executed this Project Agreement on the dates
Page 4 0[6
11- Cf-olf
Robe
Hebert, Fort Bend County Judge
Date
Attest:
,,',
Dianne Wilson, Fort Bend County Clerk
,', ,
. ,.,
NEEDVILLE LS.D.:
Attest:
REVIEWED:
c Grant
Bend County Road Commissioner
I hereby certify that funds are available from current revenues legally available in the amount of
$380.00 to accomplish and pay the obligation of Fort Bends County under this Project
Agreement.
WJP.Jt:b/?
E'd Sturdivant, Fort Bend County Auditor
Page 5 of6
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE
THE INTERLOCAL PROJECT AGREEMENT
BETWEEN FORT BEND COUNTY AND NEEDVILLE I.S.D.
C\~
S\OJt~
On this the
day of
Bend County, Texas, upon motion J:rGommissioner
Seconded by Commissioner
,-~.tAv\ ~
,
200il... the Commissioners
Court of Fort
.!...:..-'\'\e&Ql~
,
---;1iulyput and carned;
IT IS ORDERED that the Fort Bend County Judge be and is hereby authorized to execute the
Interlocal Project Agreement between Fort Bend County and Needville LS.D. for the
performance of governmental functions or services. Said Agreement is incorporated herein by
reference for all purposes as though fully set forth herein word for word.
Order on the lnterlocal Project Agreement
Page 6 of6
COMMISSIONER STRVINOHR F~~~281-~?:0587
.,_.., Rug_.2.,'04 13:2:...;.4_~P.Ol
9 t9i'93(lJ3
RECORDED ON
- \- 1
IN THECOMMISSIO~C&«RT
Needvi1~NUTES OF.
'.
J
A
Independent
Y
School
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"
Augu~t2.
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District
AS PER ORIGINAL
S
<
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TO'illll 3'12 ~7
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RECEIVED
CqlJllllissioJlcr l"om SJ;avinolut
Fl. ,lkt'ld COllllty Precinct I
1'.0. BOlt 14::;
ROAD & BRIDGE
'//.
Richmond. TX 77469
DCIll'CQIllm;l;.'iioDcr Stavinoha;
011 bebalf ot the Needville lndcpcndcJlt School Di~ttia, I am. rcqucstina the CO\IIIIY10
provide the following !:*iVkc illaccordanee ",ilb the apmenl made between !he county
and lIle !lCllool distria:
Provide mosquho spr:aying at the billh :iChoul facility. in
particular
stiodium, fur aD football glllIle, IwSleo
"tthe SluCjay Sladium. Atllll:hcd I~ a foolball sdlcdul.c
which will refleCt these tlates.
me
Plca5(cconlact mil al (979) 793-3393 if you lti&veOIny'1u~n5,
Si~ttly.
~~
Gcne Miller
Dirmor of Operations
NeedVille rSD
GM:a
REACHING FOR NEW HeIQmS
&IBl'''''.'
lk:Iulol
(9T11)7~1
OF
EXCEU.ENCE
I
Junior HiGh SdIoaI
(V79) 793-4250
COMMISSIONERS
FORT BEND COUNTY
DATE SUBMITTED:
11103/04
COURT AGENDA DATE:
11109/04
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
County Attorney
County Judge
(281) 341-4555
AGENDA
#
qA
SUMMARY OF ITEM:
Deliberate and take action on Agreement between Fort Bend County and the Katy Area Economic Development
effective October 1, 2004 through September 30, 2005.
LIST SUPPORTING
FINANCIAL
SUMMARY:
N/A()
) No()
Funding Source:
Fund
No (X)
DOCUMENTS ATTACHED:
BUDGETED ITEM:
Yes(
Yes ( )
Counci
Agency
Object
ANNUALIZED DOLLARS:
One Time
COMMENTS:
()
Recurring
()
N/A
( )
Original Form Submitted with back up to County Judge's Office: ( ) ( v' when completed)
If by Fax to (281) 341-8609
(v') Auditor
(v') Budget Officer
( ) County Attorney
(v') Purchasing Agent
(v') County Clerk
Instructions
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( v') Comm.
( v') Comm.
( v') Comm.
( v') Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
RECOMMENDATION
\\- \~.\)'\ ~
1 ACTION REQUESTED:
('\.tl/l~,TA"~~
rI\~~~~Yl'f),
:.«o~
,
FORT BEND COUNTY
RETURN TO: AGENDA COORD.·COUNTY JUDGE'S OFFICE
Cynthia Dunbar
SUBMITTED BY:
AGENDA ITEM #
PHONE NO.:
DATE SUBMITTED:
,-,N",-ov",.-,,3~,
2"'0"'0"-4
_
DEPARTMENT:
073·Pct. 3 Commissioner
COURT AGENDA DATE:
Nov. 9, 2004
(281) 494-1199
Take any and all action necessary to approve the Agreement between Fort Bend County and the Katy
Area Economic Development CounciL
SUMMARY OF ITEM:
AGENDA ITEM
Yes()
No (X)
LIST SUPPORTING DOCUMENTS ATTACHED: AGREEMENT BETWEEN FORT BEND COUNTY AND THE KATY
AREA ECONOMIC DEVELOPMENT COUNCIL
FINANCIAL
SUMMARY:
BUDGETED ITEM:
Yes(X)
fund
No()
N/A()
Funding Source:
010-045-0450-5030 agcy.__
Original Form Submitted
CC with back up:
yes (X ) Auditor
yes (X ) Budget Officer
yes (X) County Attorney
yes (X ) Purchasing Agent
yes (X ) County Clerk
COMMENTS:
ANNUALIZED DOLLARS:
OneTime
()
Recurring
Object __
N/A
( )
( )
with back up to County Judge's
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
Office: Yes (X)
( X)
( X)
( )
( X)
Comm.
Comm.
Comm.
Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1. Completely fill out agenda form, incomplete forms will not be processed.
2. Fax or inter-office copies of agenda form with all back up informatiou by Wednesday at 2:00 p.m. to the departments
listed above.
3. All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
/ ACTION REQUESTED:
This is the formalization of the Agreement approved in Commissioner's
Court on October 26, 2004.
THE STATE OF TEXAS
§
COUNTY OF FORT BEND §
AGREEMENT
BETWEEN FORT BEND COUNTY AND THE KATY AREA
ECONOMIC DEVELOPMENT COUNCIL
THIS AGREEMENT is made and entered into by and between Fort Bend County,
hereinafter referred to as the "County," a body corporate and politic under the laws of the
State of Texas, and the Katy Area Economic Development Couneil, hereinafter
referred to as the "Katy Area EDC."
RE C IT AL S:
WHEREAS, pursuant to TEX. LOc. GOY 'T CODE ANN. §381.004, as amended, the
Commissioners Court of the County desires to stimulate business and commercial
activity in the County by contracting with Katy Area EDC to provide or cause to be
provided, certain economic development services in furtherance of the County's statutory
goals pursuant to TEX. LOc. GOy'T CODEANN. §381.004, as amended, and to develop
and administer the County's program for local economic development; and,
WHEREAS, the County desires to diversify its economy, increase and broaden its tax
base, provide more and better employment opportunities for its citizens and promote the
general public welfare; and,
WHEREAS,
the County finds this agreement serves a public purpose; and,
WHEREAS, it is important to the County to attract and expand business, commercial
and industrial enterprise in order to accomplish this purpose; and,
WHEREAS, it is desirable, productive, and economical to work towards this goal
through a unified county effort and through an agency with specific expertise in this field;
and,
WHEREAS, the County desires to contract with Katy Area EDC for such business and
industrial development services; and,
WHEREAS, Katy Area EDC is a non-profit corporation whose purpose is to accomplish
all the above stated objectives; and
WHEREAS, the County has determined that this Agreement is for personal or
professional services and therefore exempt from competitive bidding under Chapter 262,
Local Government Code.
NOW, THEREFORE, in consideration of the mutual understandings and agreements set
forth, the County and Katy Area EDC agree as follows:
Page I of6
AGREEMENT:
ARTICLE I
Qualifications of the Katy Area EDC
Section 1.01: Representations and Warranties of Katy Area EDC. Katy Area
EDC represents that:
(a)
The Katy Area EDC is a non-profit entity that is authorized to promote
economic development in a substantial portion of the County;
(b)
The Katy Area EDC is engaged in an on-going effort to attract new
businesses to the County, to encourage the expansion of existing businesses in the
County, or to retain existing businesses in the County;
(c)
The Katy Area EDC must cooperate with and use the services of the Texas
Economic Development
ARTICLE II
Scope of Services
Services to be Provided: The Katy Area EDC must provide the services described
in the following paragraphs:
Section 2.01: PrOirram Development:
The Katy Area EDC shall develop a
comprehensive program for the solicitation of industrial, business, and commercial
prospects for location in North Fort Bend County or a municipality located therein. The
program will include but not be limited to site selection and analysis services for new
business and industry seeking a location in North Fort Bend County; dissemination of the
demographic information about North Fort Bend County to prospective new business and
industry; and make recommendations for North Fort Bend County to compete more
successfully for new business and industry.
Section 2.02: Katv Area EDC Reports. On or before July 31, 2005 the Katy
Area EDC must submit to the County Judge a written report describing in detail the
collaborative efforts performed during the preceding fiscal year.
ARTICLE 11l
Term
The term of this Agreement is from October 1, 2004, through September 30,
2005.
This agreement may be terminated by either party at any time, with or without
cause, upon not less than thirty (30) days written notice. This agreement shall not
automatically renew.
Page 2 of6
ARTICLE IV
Payment, Financial Statement, and Limitation of Appropriation
Section 4.0 I: Payment. As compensation for all services provided herellllder, the
County shall pay Katy Area EDC the sum of $15,000.00 for the term of this agreement.
In the event of early termination as provided for by Article III, the Katy EDC shall
promptly refund to the County on a pro rata basis according to the ratio the amollllt of
time elapsed during the contract term bears to the total amollllt of money agreed upon
herein as compensation for such term.
Section 4.02: Time of Payment. Payment shall be made in an annual lump sum
payment of $15,000.00. This amollllt is due in full on October I, 2004 and shall be paid
by Fort Bend COllllty within 30 days of execution of this agreement.
Section 4.03: Financial Statements. The Katy Area EDC must provide, within
90 days after the close of the Katy Area EDC's fiscal year, its compiled annual financial
statements to the COllllty Judge at 301 Jackson, Suite 719, Richmond, Texas 77469. All
financial statements will be prepared by a licensed CPA and monthly financial statements
must be provided to the COllllty upon request.
Section 4.04:
Allocated Fllllds: Limitation of COlllltv's Duties. Prior to the
execution of this Agreement, the Katy Area EDC has been advised by the COllllty and the
Katy Area EDC clearly understands and agrees, such Illlderstanding and agreement being
of the absolute essence to this contract, that there is available the total maximum sum of
Fifteen Thousand Dollars and No/Cents ($15,000.00) which is specifically allocated to
fully discharge all liabilities which may be incurred by the COllllty Illlder the provisions
of this Agreement, including the costs, things, expenses or purposes contained in or
inferred from the provisions of this Agreement which might in any light by any person be
interpreted to the contrary. Once this sum is expended, the COllllty has no further
obligation herellllder.
ARTICLE V
Termination
Either party may terminate this Agreement upon default by the other party.
Default by a party occurs if the party fails to perform or observe any of the terms and
conditions of this Agreement required to be performed or observed by that party. Should
a default occur, the party against whom the default has occurred has the right to terminate
all or part of its duties Illlder this Agreement as of the 30th day foHowing the receipt by
the defaulting party of a notice describing the default and intended termination, provided:
(i) the termination is ineffective if within the 30-day period the defaulting party cures the
default or (ii) the termination may be stayed, at the sole option of the party against whom
the default has occurred, pending cure of the default. In the event that the COllllty or the
Katy Area EDC terminates this Agreement, the Katy Area EDC must furnish the COllllty,
Page 3 of6
within 30 days from the date of the termination, with a final report from the period
beginning on the day following the last day of the period covered in the last report and
ending with the last day of the termination. In no event is the County obligated to pay for
any services performed after the date of termination but rather is obligated to pay only for
those services actually rendered prior to the date of termination. The Katy EDC shall
refund the County as described in Section 4.01.
ARTICLE VI
Board of Directors
The County shall be given the right to appoint one (I) director with voting rights
to the Katy Area EDC's Board of Governors, who shall serve for as long as this
Agreement is in effect.
ARTICLE VII
Miscellaneous Provisions
Section 7.01: Independent Contractor: The relationship of the Katy Area EDC to
the County is that of an independent contractor. The County has no authority to direct
the day-to-day activities of any of the Katy Area EDC' s employees nor does the County
have any authority over the Katy Area EDC's personnel decisions.
Section 7.02: Parties in Interest: This Agreement shall bind and benefit the
County and the Katy Area EDC and shall not bestow any rights upon any third parties.
Section 7.03: Non-waiver:
Failure of either party to insist on the strict
performance of any of the terms herein or to exercise any rights or remedies accruing
thereunder upon default or failure of performance is not a waiver of the right to insist on
and to enforce by an appropriate remedy strict compliance with any other obligation
hereunder or to exercise any right or remedy occurring as a result of any future default or
failure of performance.
Section 7.04: Applicable Laws: This Agreement is subject to and is to be
construed in accordance with the laws of the State of Texas. This Agreement is
performable in Fort Bend County, Texas. The Katy Area EDC agrees to perform the
services hereunder in accordance with all applicable federal, state, and local laws,
ordinances, rules, and regulations. Venue for any action regarding this agreement shall
lie in Fort Bend County, Texas.
Section 7.05: Notices: All notices required or permitted hereunder must be in
writing and are deemed delivered when actually received or, if earlier, on the third day
following deposit in a United States Postal Service post office or receptacle with proper
postage affixed (certified mail, return receipt requested) addressed to the respective other
party at the address provided below or at such other address as the receiving party may
have thereafter provided by notice to the sending party:
Page 4 of6
FOR THE COUNTY:
Fort Bend County Judge
FOR THE KA TY AREA EDC:
Regina Morales, President/CEO
Katy Area Economic Development Council, Inc.
P.O. Box 970
Katy, TX 77492
Section 7.06: Ambilruities. In the event of any ambiguity in any of the terms of
this Agreement, it is not to be construed for or against any party hereto on the basis that
such party did or did not author the same.
Section 7.07: Captions: The captions at the beginning of the Articles of this
Agreement are guides and labels to assist in locating and reading such Articles, and
therefore, will be given no effect in construing this Agreement and will not be restrictive
of the subject matter of any Article, Section, or part of this Agreement.
Section 7.08: Merger: This Agreement contains all of the terms and conditions
of the understanding of the parties relating to the subject matter hereof. All prior
negotiations, discussions, correspondence and preliminary understandings between the
parties and others relating hereto are superseded by this Agreement.
Section 7.09: Execution: The County executes this Agreement by and through
the County Judge acting pursuant to Order of the Commissioners Court of Fort Bend
County, Texas, so authorizing. This Agreement shall not become effective until executed
by all parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the
dates written below.
By:
Date:
Page 5 of6
II-q-C~
~-~l\
rlECORDED ON \\- \
IN THE COMMISSIONERCQUIiT
MINUTES OF.:
':1-1'-V'-\
KATY AREA ECONOMIC
DEVELOPMENT COUNCIL,
INC.
By:
c:£~L LJvtl1ahu
Regi
Date:
Morales, PresIdent/CEO
11- ~5-tJ4
Ihereby certify that funds are available to pay the obligation of Fort Bend County
under and within the foregoing Agreement.
i/~coo.:C
(211fJ A~z!--'7
Robert Ed Sturdivant, Auditor
mer: Katy EDC.agr: 1686-Katy(l 02604)
Page 6 of6
.
Page 1
· Donna Ospina - Re: Agenda Draft
From:
To:
Date:
Subject:
Mandi Bronsell
Donna Ospina
11/4/200410:17:47
Re: Agenda Draft
AM
Donna,
Can you please add the following to our agenda item regarding the EDC:
...and appoint Commissioner Andy Meyers to serve as the county's representative on the board.
Thanks so much!!
Thank You,
Mandi Bronsell
Executive Assistant
Commissioner Andy Meyers
281-494-9076
>>> Donna Ospina 11/3/20045: 18:33 PM »>
A copy of the Draft 1 Agenda for Commissioners Court meeting on November 9, 2004 is attached for your
review and comment. Updates will be available at Briefing, Thursday, at 2:00 p.m. in the Conference
Room here.
Thank you,
Donna Ospina
Agenda Coordinator, Office of the County Judge
FORM B01
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEAR 2005
9th
On this the
day of
November
, 2004,
the Commissioners' Court, with the following members being present:
Robert E. Hebert
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
The following proceedings were had, to-writ,
THAT WHEREAS, theretofore, on September 28, 2004, the Court heard and approved the budget for the year 2005 for
Fort Bend County; and
WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting budget surplus to a bUdget
of a similar kind and fund. The transfer does not increase the total of the budget.
The fallowing transfers to said budget are hereby authorized:
Department Name:
TRANSFER
~A::;u::;d::;i:.:to::.:...r
Department #:
_
TO:
LINE-ITEM NAME
Fairgrounds
AMOUNT
NUMBER
010-090-M02D-7015
010-090-M04A-7015
Upgrades
$
101,000
010-090-M02B-7015
300,000
350,000
U of H Library
010-090-M05A-7015
150,000
Vehicle Maint. Expansion
010-090-M05B-7015
375,000
MIS Generator
010-036-0360-1011
65,500
IHC Relocation
Precinct 3 Service Center
010-090-M05C-7015
010-090-M04H-7015
155,000
Parks Upgrades
Sienna Branch Library
010-045-4040
Contingency
TOTAL TRANSFERRED TO:
TRANSFER
Permanent
125,000
37,500
$
1,659,000
$
1,534,000
FROM:
010-042-0420-1070
Improvements
010-042-0420-4010
Fees & Services
TOTAL TRANSFERRED FROM:
EXPLANATION;
125,000
$
1,659,000
Transfer funds budgeted for 2005 Capital projects into the project budget.
The funds to relocate Commissioner
because that specific project
Pct. 1 Office are being transferred
ill not t
to Contingency
e place.
USE WHOLE DOLLARS ONLY
1-10'"
Original to Budget Officer cc: Commissioners
Court
2004
2005 Capital Outlay
Account
Amount
Project
To:
Commissioner
Fairgrounds Upgrades
101,000
010-090-M04A-7015
Parks Upgrades
300,000
010-090-M02B-7015
Sienna Branch Library
350,000
U of H Library
150,000
NEW 01 0-090-M05B
Pet. 1 Relocation
37,500
NEW010-090-M05A
010-090-M02D-7015
CCL #1 Secondary Entrance
10,000
•
375,000
NEW010-090-M05C
Vehicle Maintenance Expansion
NEW 010-036-0360-1011
MIS Generator
65,500
NEW 01 0-090-M05D
IHC Relocation
155,000
010-090-M04H
Precinct 3 Service Center
••
3,404,465
Total Transfer
From:
1,544,000
010-042-0420-1070
010-042-0420-4010
••
3,404,465
Total Transfer
• Once the project is completed by RIB the amount will be transferred from 042
to CCL#1 and then RIB will be reimbursed.
This will allow excess funds to be
used for other capital projects .
•• These funds will be disbursed through 042.
FORM B01
FOR THE YEAR
On this the
9th
day of
_--=-===='--_'
November
2005
(u r::,)
2004, the Commissioners' Court. with the following members being present:
County Judge
Robert E. Hebert
Tom Stavinoha
Commissioner Precinct #1
Grady Prestage
Andy Meyers
James Patterson
WHEREAS, on proper application, the Commissioners' Court has transferred an existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total of the bUdget.
The following transfers to said budget are hereby authorized:
Department Name:
TRANSFER
864-045·G05A
Non-Departmental
TO:
AMOUNT
NUMBER
LINE~TEM NAME
Multi-Year
2,061
4,045
864-045-G05A-1600-4040
FROM:
Multi-Year
Federal Reimb, (Increase)
864-045-G05A-OFED
010-045-0045-4000-9200
TRANSFER
20,000
16,758
$
864-045-G05A-1200-00 17
864-045-G05A-1600-0024
864-045-G05A-1600-0054
CSCD - LLEBG
Constable 2 - LLEBG
County Attorney - LLEBG
Contingency - LLEBG
Cash Match (Transfer)
$
42,864
$
38,578
4,286
$
42,864
••
To amend budget pursuant to LGC 111,0706 for the 2004 Local Law
Enforcement Block Grant to be administered b the Count Jud e's Office,
EXPLANATION:
October 26, 2004
Date:
USE WHOLE
DOLLARS
o./ct
ONLY
•• 2004 - No Entry Needed
Robert E. Hebert. County Judge
NOV 1
Court
2004
FORM B01
FOR THE YEAR 2005
On this the
9th
November
day of
, 2004, the Commissioners'
IUC
Court, with the following members being present:
Robert E. Hebert
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
Revised
THAT WHEREAS, theretofore, on September 28,2004, the Court heard and approved the bUdget for the year 2005 for
WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting budget surplus to a bUdget
of a similar kind and fund. The transfer does not increase the total of the bUdget.
Department Name:
TRANSFER
!:A~u:.:d:.:i~to~r,-
=-=-
TO:
AMOUNT
NUMBER
LINE-ITEMNAME
$10,494.00
481
1,442
1,000
494
590
4,794
1,434
1,356
13,700
010-043-0432-4010
010-033-0330-4010
105-075-0750-7004
105-075-0750-4010
010-025-0250-1010
010-027-0271-2050
010-031-0310-2050
010-089-089-1010
010-036-0360-4010
149-001-0013-1070
Fees & Services
Fees & Services
Road Signs
Fees & Services
Property & EqUipment
Medical
Medical
Property & EqUipment
Fees & Services
Perm. Improvements
$35,785.00
TRANSFER
_
005
,Departme'
FROM:
010-045-4040
Rollover Contingency
EXPLANATION:
oods were not recei
$
35,785
$
35,785
Transfer funds to departments for purchase orders created in 2004, but
du
Department H
Date:
THE COU
~~I,-~~~.._--
Court
2004 Rollover Purchase Orders by Department
Deoartment
Enoineerino - Landfill
Fairgrounds
Road & Bridoe
Road & Bridae
Constable Pct. 3
Sheriff Deoartment
Health Department
Health & Human Services
MIS
County JUdoe
Vendor
Center Point Enerov
Billv's Plumbino, Inc.
Vulcan, Inc.
HBCrT erracan
Office Deoot
Bound Tree Medical, LLC
Aventis Pasteur, Inc.
National Business Furniture
DLT Solutions, Inc.
Fire Safe Protection Services
Amount
10,494.00
481.00
1,442.00
1,000.00
494.00
590.00
4,794.00
1,434.00
1,356.00
13,700.00
Line Item
01 0-043-0432-401 0
010-033-0330-4010
105-075-0750-7004
105-075-0750-4010
010-025-0250-1010
010-027-0271-2050
010-031-0310-2050
010-089-0890-1010
010-036-0360-4010
149-001-0013-1070
$
$
$
$
$
$
$
$
$
$
Total General
$ 35,785.00
"Note: The individual department budgets have been increased, the only transaction to be completed
is decreasino 010-045-4040.
FORM 801
FOR THE YEAR 2005
2004
9
,the Commissioners'
Robert E. Hebert
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage.
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
The following proceedings were had, to-wr~,
THAT WHEREAS,
theretofore,
on September 28, 2004, the Court heard and approved the budget for the year 2005 for
WHEREAS,
on proper application,
of a similar kind and fund.
the Commissioners'
Court has transferred
an existing budget surplus to a budget
The transfer does not increase the total of the budget.
010-042-M04A
IT Enhancements
TRANSFER TO:
LINE-ITEM
AMOUNT
NUMBER
NAME
$15,000
4010
Fees & Services
TOTAL TRANSFERREDTO:~$
TRANSFER FROM:
Capital Assets
~~~
$15,000
$15,000
1011
$15,000
~~~
TOTALTRANSFERREDFROM:~$
EXPLANATION: To adjust budget per Auditor's request.
Date:
4-Nov-04
_--..:....:.::=-=:.=:....
SE WHOLE DOLLARS ONLY
THE
"'01/
5 2004
_
·
FORT BEND COUNTY
.....,
COMMISSIONERS COURT AGENDA REQUEST F~D!~
".. ...
iTEwl
DATE SUBMITTED:
SUBMITTED BY:
DEPARTMENT: Project Manager
PHONE NO.:
10/26/04
AGENDA
#
If
SUMMARY OF ITEM: Approve payment of Invoice No. 10015118 in the amount of $749 to PGAL for architectural services
for the Jane Long Remodeling project. (Fund: 010-090-M04E-4010)
FINANCIAL
SUMMARY:
BUDGETED ITEM:
Yes(.;)
Fund
NoO
N/AO
Funding Source:
Agency Object
ANNUALIZED DOLLARS:
One Time
0
Recurring
(.; )
NIA
0
COMMENTS:
CC with back up:
yes (,I" )Auditor
yes ( ,I")Budget Officer
yes ( ,I")County Attorney
yes ( ,I")Purchasing Agent
yes (,I' )County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(,I" )Comm.
( ,I")Comm.
( ,I")Comm.
(,I" )Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
listed above.
All original back-np must be received in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION I ACTION REQUESTED:
FORT BEND COUNTY, TEXAS
PURCHASE ,ORDER
,;..- -t:
PC 00100001671
P.O. NUMBER:
AS PER ORIGINAL
SPECIAL
INSTRUCTIONS:
r'/\ IlTIi·\L.
,
BUYER;
13
CONFIRMING;
CHERYL
KREJCI
D
THIS ORDER
WAS MODIFIED
041
DELIVER
12 23 2003
BY:
"
COUNTY JUDGE
309 S 4TH STREET, SUITE 719
RICHMOND TX 77469
BILL TO,
COUNTY J'..JDGE
301 JACKSON
RICHMOND TX 77469
ON 10/11/2004
DESCRIPTION
001
12 23 2003
SHIP TO:
-
PIERCE GOODWIN ALEXANDER ~
LINVILLE
5555
SAN F"ELIPE, SUITE 1000
HOUSTON
TX 77056
JEF"F"REYWEINER/RANDY ARBUCKLE
**NOTE**
01
P.O. DATE:
FOB:
NO
VENDOR:
760291476
PAGE':
UNIT COST
QUANTITY
1
000 EO,
@
42,800.000000
EXTENDED COST
42,800
00
010 090 M04E 2000 4010 01
ARCHITECTUR.AL SERVICES FOR JANE LONG RENOVATIONS
COMMISSIONER COURT AUTHORIZED 10/21/03
1000 EA
@
002 041
010 090 M04E 2000 4010 01
REIMBURSABLE EXPENSES - NOT TO EXCEED $5000 00 -
,IGNATURE
5,00000
5,000.000000
/'fY.
PAGE TOTAL
GRAND TOTAL
BY MY SlGNATlJRE I ArnST
0<0
47\e00
00
47/~
00
Tl-iE ITEMS ON Tl-iIS ORDeR HAVE BEEI
RECEWac?\;AmNS.
OF PURCHASING
AGENT
ALmlOR'ZED SlGNATlJRe.oA~
RECEIVING REPORT
I D· J.~"""1f
PGAL
Mr. William B. Roberts
Fort Bend County
Senior Projecr Manager
309 S. Fourth Street, Suite 515
Richmond,
TX 77469
October 21, 2004
Invoice No: 10015118
Project No: 215.03048.00
Re: Ft. Bend Co. Jane Long Bldg. Renovation
For professional
services rendered through September 30, 2004
P.O. Number
PC 00100001671
Professional
Fees
% of
Fee
Phase
Design Development
Construction Documents
Bid/Negotiation
Construction Administration
35.00
35.00
10.00
20.00
100.00
Total Professional
Total Current
Fee
%
Amount Earned
Earned
To Date
Less Prev
Billed
Current
Amt Due
14,980.00 100.00
14,980.00
14,980.00 100.00
14,980.00
4,280.00
0.00
0.00
0.00
8,560.00
0.00 __
14,980.00
14,231.00
0.00
0.00
0.00
749.00
0.00
0.00
29,21100
749.00
-=..:=
42,800.00
29,960.00
$749.00
Fees
eP
Billing
?:~
5555 San Felipe SUite 1000 Houston, TX 77056
<51<.
??/3/?-
[PJ713 622 1444
IF] 713 966 9333
COMMISSIONERS
FORT BEND COUNTY
COURT AGENDA REQUEST
RETURN TO: AGENDA COORDINATOR·
DATE SUBMITTED:
FORJ'\1
COUNTY JUDGE'S OFFICE
SUBMITTED BY: Sheila Whiting
DEPARTMENT: 024
PHONE NO.: 281·403-8019
October 27, 2004
COURT AGENDA DATE:
AGENDA rrEM
11-02-04
AGENDA
#
1;2 A
SUMMARY OF ITEM: Record into the minutes reimbursement of uniform cost to Martinez Syria in the amount of $153.91 out
of 2004 Budget Fund # 010 024 0240 4011. (Uniforms were picked up before purchase order 024-1633 returned. Receipt refiects
a earlier date than PO).
Yes ( )
LIST SUPPORTING
Receipt, Copy of money order, and copy of purchase order
FINANCIAL
DOCUMENTS
ATTACHED:
No(X)
SUMMARY:
BUDGETED ITEM:
Yes (X) No()
Funding Source:
Fund 010 Agency 024
ANNUALIZED DOLLARS:
N/A()
One Time
()
Object401l
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County JUdge's Office: ( ) ( " when completed)
If by Fax to (281) 341-8609
(281-342-0587)
( X ) Comm. Pet. 1
(281-341-3774)
(X) Auditor
(281-403-8009)
( X) Comm. Pet. 2
(281-344-3954)
(X) Budget Officer
(281-242-9060)
( X) Comm. Pet. 3
(281-341-4557)
(X) County Attorney
(281-980-9077)
( X ) Comm. Pet. 4
(281-341-8642)
(X) Purchasing Agent
(281-341-8697)
(X) County Clerk
.
Instructions
1.
2.
3.
Agenda Request Forms may be submitted hy e-mail, fax, or inter-office mail, and all information must be provided by
RECOMMENDATION
/ ACTION REQUESTED:
FORT BEND COUNTY
In County ::rrll,eI Expense Reimbursement Report
Date:
/I..
..urL. ,1.1J 0DQ 1..}
Name:
J'\ D. 'C ti "..IE' -z..
£N.PL0'iE!'
•
2,-yI1', 0
Destination
Date
Lineitem #:
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SS #:
Total
MiIM
Purpose Bf T a i ~
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'4/53 Pi I
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.. .
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f,
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,saC!
Total~
..$
1,meagc !Kal\;
)t
I
0.368'
SJ:t8tGhtb
Total Reimbursement
==,=1.l!5~l~~=CfgJ======
'"
Dept Head
Approval
The undersigned hereby certifies that mileage as listed above was incurred on offical county business only, and that reimbursement
has not been received for any part thereof.
YtlaA£" l. Y tlta
Signature
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items 3, 4a, and 4b.
CI Print your name and address
card to you,
on the reverse
the mailpieCt!, or 01'1Ihe back if space does not
of this form so that we can return this
"Rerum Receipt Requested"
on Ihe rnailpiece below the article nUmber.
ReCijipt wiij snow to whom the article was delivered and the dale
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8. Addressee's Address (Only if requested and
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(Addressee or Agent)
PS Form 3811,
December 1994
102595-99-6-0223
Domestic Return Recelot
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FORT BEND COUN I Y I
II:;)\.A~
P.URCHASE ORDER
PO NUMBER
FC 02400001633
eLtJ5E~:'~Pb . RUSH
'PAGE .:
SPECIAL INSTRUCTIONS:
P.O. DATE:
.01
09 20 2004
bEUV~R BV,09
BUYER:
16
FOB:
CONFIRMING,
o
NO
RICK HAIL
SHIP TO:
veNtlOR:
582104128 -.'."
DISCOUN~ UNIFORM INTERNATIONAL
CLOSE-oUT EXCHANGE
•
28 2004
CONSTABLE PCT 2'
303 TEXAS PARKWAY •.'SUITE
MiSSOURI CITVTX
77459
124
CONSTABLE
PCT 2
F' 080)(2039
....
MISSO\.JRI C IT:Y. TX77459
Wl'lLtAM
.,
001•.
·.·1374·
010 024 0240 1600 4011 01
,.
HEMS· ...
002 ,,874
010"024'G240 1600 401.101
STRIPsi:'OR
UNITeOST
QUANTITY
EA
(;!
SHIRT
LIGHT
\._i.
3.000 E.A
9.990000
29..
97
3.000 EA
17.990000
53.97
6.000 EA
1.250000
7. SO
nLUE
"'".,
g~60~\a401600.4011
....
01
,
SEW:;OI'llS
Or-PATCHES.:'
DOS 874
01d"'O::!4 624() "16M
PIPJNG
ON.
7.98
3.990000
2.000 EA
<:.... :.
.,
40 11 01
EP. ,
006 8743.bOOEA
010 024.0240 H.OO 4011 01
UNIfORMS PNtlTS NAVY I3LUE FQRM:AfFINl;Z
"""f1'
.3..
990000,
"
PANts
003 874
010 024 OWil40·1·6004CH
l'01
UNIFORM
::3. 000
(;!
19.990000
.-
.,'
j"'"
-
SYRIA
VOID
PAGE TOTAL
GRAND TOTAL
.171.36
171.36
BY MY SlllNATUA! I ATT!ST 1M! ITEMS ON THIS QAD!ll HAW .!~
A!O!lV!D AND THAT AI.I. IT!MS' M!IT Sl'l!OU'!OATlONB.
AIJTIoK)AIZ!D SIGNATUA!,oA'T!
'FOAM
1014
(MAY 12)
RECEIVING
REPORT
FORM B01
FOR THE YEAR 2005
qrn
,2nt(
On this the
November
_--'-'==='---_,
day of
2004, the Commissioners'
/c:J-$
Robert E. Hebert
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
The following proceedings were had. to-writ,
WHEREAS, on proper application, the Commissioners' Court has transferred an existing budget surplus to a bUdget
The following transfers to said bUdget are hereby authorized:
Department
Name:
TRANSFER
TO:
024
Constable 2
LINE-ITEM NAME
Overtime
Social Security
Retirement
Property & Equipment
Materials
Travel - Out of County
AMOUNT
NUMBER
010-024-G05A-1600-0202
010-024-G05A-1600-0300
010-024-G05A-1600-0400
010-024-G05A-1600-1 010
180
800
2,000
200
010-024-G05A-1600-3000
010-024-G05A-1600-4014
TRANSFER
1,691
129
$
$
5,000
$
5,000
$
5,000
FROM:
State Reimb. (Increase)
010-024-G05A-STAT
To amend budget pursuant to LGC 111.0706 for Statewide Tobacco
Education & Prevention (STEP.) grant received from the Comptroller of Public Accounts,
to be administered b Constable 2.
nt eriod of 9/1/01 - 8/31/05
EXPLANATION
Date:
October 22, 2004
Robert E. Hebert,
County Judge
Original to Budget Officer cc: Commissioners Court
~ov 1
2004
FORT BEND COUNTY
......
~C!'\l'.iI';'A/~ff;i'
RETURN TO: AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE
SUBMITTED BY: Laura Johnson
DEPARTMENT: County Attorney Office
PHONE NO.: 4556
Approve payment of Invoice No. 30 18-MB-0005 in the amount of $134.00 for preparation of Affidavit relating to State
Engineering Board .. Fund: 010 054 0540 4010.
Approve payment to Assistant County Attorney for after hours purchase of Postage in the amount of $11.JJUW"Litigation
matter. Fund: 010 054 0540 4010."..
.
" ,
Yes()No(X)
FINANCIAL SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes ( ) No ()
N/A ( )
One Time
Recurring
()
Fund
Agency Object
N/A
COMMENTS:
Funding Source:
()
(
)
Original Form Submitted with back up to County Judge's Office: (
CC with back up:
( ) Auditor
( ) Budget Officer
( ) County Attorney
( ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
(
(
(
(
(
)
) Comm.
) Comm.
) Comm.
) Comm.
( ,/ when completed)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
)
I.
2.
3.
INVOICE TRANSMITTAL
FORT BEND COL~TY .~UDITOR
ACCOUNTS PA YAB LE
C;S"'-\
D\C
DS"SD
COUNTY AUDITOR FROM 1016
~Dll)
12 Digit Distribution
Vendor ~wnber
'"1&3.0;),
, I
Ad~b.
3
37&
111
Purchase Order Nwnber(s)
<
?
;0,
Zip Code
State
City
~O_ tJcj
Date
List Invoice Numbers
2,
0
\'V - \Y\\:::> -
Do
<'"
D..;:"
Invoice
___
Amounts
•
. ,3
{/ ,__
D 0
--.-L_:::J----
--------,
------'----
--------,
------'----
--------,
------'----
--------,
------'---,0
County Auditor's Use Only
IAN Received:
Check Type:
_
_
Commissioners Cowt Date:
Audited By:
Posted By:
Checked By:
Received:
_
_
_
_
Treasurer's Register Stamp and Number
Paid:
.
2>
ITS
Invoice
11111111111111
Ben Childers
Fort Bend County
30 I Jackson. Suite 728
Richmond. Tx 77469~------~,_ ... ---~-_...~ ---- ~-~-----3018-MB-Q005
Invoice Number
Project Name
Descrption
Strategic Transportation Services
P.O. Box 76
\'Iarathon. Tx 79842-
Invoice Date
PO 1 Client Job #
10124/2004
Royal Lakes Blvd
Prepare affidavit and work: with Joe Cox in response filed by resident of Royal Lakes to State
Engineering Board
Rate
Work Code
$125.00
Affidavit
Houn
Amount Billed
$125.00
$125.00
Total Tim~
Expense Amount
Expense Code
Notery
$6.00
Fax/Phone
$3.00
$9.00
Total ExpenRs
Invoice Total - Please Pay This Amount
5134.00
jt::lift7,,~-~·ro~_,wrn~,~_.
Thank you for your business. We appreciate having the opportunity to work: with you. !fthere are any questions about
this invoice. please contact me at (432) 386-4217. All invoices are due and payable on receipt of this invoice to the
AllenW.H~
Strategic
Transoortation
Sunday, October 24, 2004
Services
Page 1 of 1
INVOICE TRANSMITTAL
FORT BEND COUNTY AUDITOR
ACCOUNTS PAYABLE
o (0
0
5" '--!
IJ ~-
COUNTY AUDITOR FROM 1016
(Rev. (187)
'-10 t./ 0 L iJ
ven~
[2 Digit Distribution
Address
Purchase Order Number(s)
City
I D. ~ 0
0-4
Zip Code
State
Date
Invoice Amounts
_____
I·
0
,---J-.-L-'-l.--
-------,-----_._----------,
-----_._---
--------'
()
IAN Received:
_
Check Type:
Commissioners
Audited By:
_
Court Date:
_
_
Posted By:
Checked By:
Received:
Paid:
_
_
, ...
......L~
/'1 t'd /ol1/()y
...
iffJ!..'O
UNITED STIlTES
POSTIlL SERVICE
***** WELCOME TO *****
IIir
SUGARLANO: FIRST COLONY
SUGARLANO, TX 77479-9998
10/09/04 10:56AM
Store USPS
Wkstn sys5004
Cashier's Name
Stock Unit Id
PO Phone Number
USPS #
Trans
41
Cashier KGJ14N
CARSON,
SIAJILL
800-275-8777
4841490479
4.65
1. First Class
78102
Destination:
1.10 oz.
Weight:
PVI
Postage 'ype:
4.65
Tota 1 Cost;
0.60
8ase Rate:
SERVICES
2.30
Certified Mail
70041160000542689131
Rtn Recpt (Green Card) 1.75
1. 11
2. 37c Flag
3:g
0.37
5.34
3. Flrst Class
77002
Destination:
4.50 oz.
I,eight:
PVI
Postage Type:
5.34
Total Cost:
1.29
Base Rate:
SERVICES
2.30
Certified Mall
70041160000542689148
Rtn Recpt (Green Card) 1.75
11 .10
SUbtotal
Jmi¥tJ';,",lc .
U.S. Postal Service,.
CERTIFIED MAIL. RECEIPT
(Domestic Mall Only; No Insurance Coverage ProVided)
U.S. Postal Service,"
CERTIFIED MAILm RECEIF'I
(Domestic lllail Only; No Insurance
Coverage ProVided)
.,U..~10":';;;·
Cash
20.10
Change Due
Cash
9.00
Order stamps at USPS.com/shop or call
1-800-Stamp24. Go to
USPS.com/clicKnsnlP to print shipping
labels with postage. For other
information cali l-BOO-ASK-USPS.
Number of Items Sold: 5
Thank You
Please come again:
5e' lor Instruetro'lS
FORT BEND COUNTY
AG~M ITEM
DEPARTMENT: County Attorney Office
PHONE NO.: 4556
13 c::
DATE SUBMITTED: 11101104
Approve payment ofInvoice No.2222418 in the amount of$66.94 to James Publishing for Litigation Discovery update
without a purchase order. Fund: 01005405401063
from fiscal year '04 budget ..
Yes()No(X)
"ll
FINANCIAL
SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes( ) No()
N/A()
OneTime
Recurring
()
Fund
Agency Object
N/A
COMMENTS:
Funding Source:
()
( )
CC with back up:
( ) Auditor
( ) Budget Officer
( ) County Attorney
( ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
)
(
(
(
(
) Comm.
) Comm.
) Comm.
) Comm.
(
)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
J.
2.
3.
v II 1 . I
INVOICE TRANSMITTAL
FORT BEND COUNTY Al;DITOR
ACCOUNTS PAYABLE
DID
Ds'Y
DSjD
COl;NTY AUDITOR FROM 1016
(Rev 6/87)
\0&13
Vendor Number
q S- 'l.lQ
"}....\Q Q..$ 1
Purchase Order N umber( s)
l ..
~__
~
G.....
City
qd.'J,\q~
.$"~~
Zip Code
State
1\\.04Date
List Invoice Numbers
"~"F
&f~...z-
'6'-1
~
Invoice Amounts,
______________
~ ~ ~ a..Lj/%
~'PJJ
~,
l
~
--------,
-----_._---
--------,
-----_._---
--------,
-----_._---
--------,-----_._----------,------'----
IAN Received:
_
Check Type:
_
Commissioners Court Date:
Audited By:
Posted By:
Checked By:
Received:
Paid:
lo. .-L..::1..
CI
I
_
_
_
_
I
'"i'kr"':.;t
f
~
INVOICE
"AMES
~. -:
.)-"_;'"5 .~.;...,-"".
m1
:.Ii
i~ __ ......i::-J
,
PUILISHINO
Invoice Number
INCO"~O""TIO
P.O.Box25202
5antaAna,CA 92799-5202
2222418
(114) 15S-S4So. (800) 601-6S35
Fed.n.IID
95-3626251
11111111111111111111111111111111111111111 1111
22221118
,~-
InvotciCf DlIte
Order Placed By
. , f!ho"eNunmer"
2811341-4555
9/28/04
Qty
·t
Pub#'· ( Ref
GD
1
"'Fax
01
HS
AUTO
HS
Number' ..........L
.
.
,''',
.'. ,'·1
"">'
Ship
M -MAIL
281/341-4556
•... .;.
Description
2004 TO
REVISION
1 SEPTEMBER
DISCOVERY
(GO OU
GUERRILLA
SUPPLEMENT
W/CD ROM
ANNUAL
•..
Unit Price
"Ia' •.
STAN
SPCL
I
TaxlShlp
i
Extension
66.94
59,99
6.95
S
\\UlJJ~J.1. LUR:
"
..
nr.T I I
Tax
Merchandise
Terms
NET 30
59. 99
.00
:(~~~
Prepaid
Total
ShipJHandle
6.95
66.94
.
Barance Due
66.94
.00
I
I
I
"AMES
PUIUSHINO 1 11111111111111111111111111111111111111111111
m1
, • , 0 • , 0 ••
, , ,
..
PO
•. Box 25202
5antaAna, CA 92799-5202
UPSjRPS omy.- 3505 Cadillac Ave_, See, H
CostaMesa. CA 92626-1430
Bill
To:
Invoice #
Account #
~ww7~
00
f2222418
.
Return This Portion
(If returning books, please complete reverse side.)
o
Balance Due
66. 94
CARD
CREDIT CARD PAYMENT
0 MASTERCARD
VISA
CJ AM EX
EXP.DATE
#
SIGNATURE
REQUIRED
ADDRESS CHANGE
FORT
BEND
COUNTY
NAME
FIRMNAME
309 S 4TH ST FL 3
RICHMOND
TX 77469-3506
ADDRESS
CITY,
STATE,
ZIP
PHONE (
JP·105
- Customer
Cop~-
)
Prtd
9/28/04
416
FORT BEND COUNTY
117/03
13 D
DEPARTMENT: County Attorney
PHONE NO.: 4556
Approve payment of final invoice from Chamberlain, Hrdlicka, White, Williams & Martin for outside legal services in the
Burlington RR matter Cause #17181 in the amount of$11,561.90. Fund 010 054 0540 4010.
Yes()No(X)
FINANCIAL
SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes( ) No()
N/A()
OneTime
Recurring
()
Fund
Agency Object
N/A
Original Form Submitted
COMMENTS:
Funding Source:
()
( )
with back up to County Judge's Office: (
CC with back up:
( ) Auditor
( ) Budget Officer
( ) County Attorney
( ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
)
(
(
(
(
) Comm.
) Comm.
) Comm.
) Comm.
(
)
( .,/ when completed)
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
additional funds will be requested, only if Burlington appeals.
CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATIORNEYS AT LAW
1200 Srmn
HOUS1on Teus
Telepnone
191
Street. SUIte 1400
71002-4310
PMcl'!t,.. SII1l8l, N.E.
,.,Roo<
Remittance Statement
Ad8lllL~.
1713) 55&-1818
30303
T9IeCIhOntI (404) 6~1410
Erro!oyet 10: 74. 1541761
October 22. 2004
Client:
003834
Matter:
000000
Fort Bend County
Richmond, TX 77469
Attention:
William S Helfand
Ben "Bud" Childers
For Professional Services Rendered Through September 30, 2004
Account Summary
:Invoice # :Matter Name
Previous Balancel Current Invoicei
1157759 v, Burlington Northern & Santa Fe Rail
$81,312.59
$11,561,90
Please return with all remittance for proper credit. Thank you.
Amount of Payment
_
Creditsl
$81,312,59
Total Duel
$11,561.90
CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
191 PYChtree
SIt..
to N.E.
1200 Srnltl StANK. SUlle 1400
."Roo<
HoustOn,
TeXll5 77002-4:110
AIl8l'ltL Geon;,u
30303
Telel)itOl'le {713l658-1618
Telephone (404}65!:P 1410
E/T1)Ioy8f
10: 74- 1541761
Fort Bend County
Richmond, TX 77469
Attention:
Ben "Bud" Childers
October 22, 2004
Client:
003834
Matter:
000000
Invoice #:
1157759
Page:
1
William S Helfand
RE: v. Burlington Northern & Santa Fe Railway
For Professional Services Rendered Through September 30, 2004
SERVICES
Date
Atty
Description of Services
Hours
Amount
07/08/2004
WSH
Letter to BNSF counsel in response to inquiry regarding
potential settlement of inverse condemnation claim.
0.40
$70.00
07109/2004
WSH
Receipt and review Defendant's Motion for JUdgment
Notwithstanding the Verdict.
0.30
$52.50
07/09/2004
WSH
Receipt and review correspondence from Strategic
Transportation Services (Allen Haley, Jr.) regarding
invoice for services rendered for trial of this matter.
0.20
$35.00
07/09/2004
DMG
Several telephone conferences with Court Coordinator
regarding moving Entry of Judgment hearing scheduled
for 7/16/04.
0.30
$33.00
07/09/2004
DMG
Telephone conference with Defendant's counsel
regarding moving Entry of Judgment hearing that is
scheduled for 7/16/04.
0.20
$22.00
07/09/2004
DMG
Prepare and send Rule 11 Agreement regarding moving
Entry of Judgment hearing from 7/16/04.
0.20
$22.00
07/16/2004
WSH
Receipt and review letter from Defendant's counse~
regarding settlement.
0.20
$35.00
07/16/2004
WSH
Receipt and review correspondence from court a notice
setting Defendant's Motion Judgment Notwithstanding on
August 6/04 on the non-jury docket.
0.10
$17.50
October 22, 2004
003834
Client:
000000
Matter:
1157759
Invoice #:
Page:
2
SERVICES
Hours
Amount
Update research on allegation Commissioners' Court did
not authorize lawsuit and jury charge instructing jury on
"necessity" .
1.30
$227.50
Phone conversation with assistant county attorney
(Randy Morse) regarding Commissioners' Court
authorizing condemnation proceeding.
0.20
$35.00
WSH
Receipt and review letter from Defendant's counsel to the
Court regarding SNSF's inverse condemnation claim.
0.20
$35.00
07/20/2004
WSH
Review. revise and finalize opposition to SNSF's motion
for JNOV.
2.10
$367.50
07/20/2004
WSH
Letter to client (Childers) regarding invoice from Lewis
Realty Advisors.
0.20
$35.00
07/20/2004
SER
Update research on applicability of condemnation
proceeding under Chapter 21 if claim IS for inverse
condemnation.
0.60
$105.00
07/20/2004
DMG
Locate and forward copy of deposition transcript of
expert Haley.
0.40
$44.00
07/21/2004
SER
Prepare and file opposition to SNSF's motion for
judgment notwithstanding the verdict. (Time is
consolidated).
11.40
$1,995.00
07/23/2004
KDJ
Review and supplement opposition to SNSF's Motion for
Judgment Notwithstanding the Verdict.
1.20
$210.00
07/27/2004
SER
Prepare final judgment incorporating jury findings and
Courts previous rulings.
1.20
$210.00
07/27/2004
DEJ
Review and revise proposed final judgment.
0.30
$52.50
08/05/2004
WSH
Receipt and review Correspondence from Jeffrey Wolf to
Judge Lowry regarding the agreement of moving the
Entry of Judgment and Defendant's Motion for Judgment
Notwithstanding the Verdict from the current date of
August 6, 2004 to September 3, 2004.
0.10
$17.50
08/16/2004
WSH
Receipt and review notice from Court that matter is sel
for entry of judgment hearing on 09/03/04.
0.10
$17.50
08/30/2004
WSH
Receipt and review Defendant's Reply to Plaintiff's
Response to Defendant's Motion for Judgment
0.20
$35.00
08/30/2004
DEJ
Draft, edit and finalize letter to Defendant's counsel (Jeff
Wolf) regarding payment of invoice for Plaintiff's expert's
deposition (2d request).
0.50
$87.50
Dale
Ally
07/16/2004
SER
07/16/2004
SER
07/19/2004
October 22, 2004
Client:
003834
000000
Matter:
Invoice It:
115n59
Page:
3
SERVICES
Date
Atty
Hours
Amount
09/01/2004
WSH
Receipt and review Defendant's Reply to Plaintiff's
Response to Defendant's Motion for Judgment
0.30
$52.50
09/03/2004
WSH
Prepare for and attend hearing on Motion for Entry of
Judgment and SNSF's Motion for Judgment
Notwithstanding the Verdict; Review and Revise SNSF's
proposed Judgment for entry before the Court;
Correspondence to client and Plaintiffs' counsel
regarding proposed judgment.
4.10
$717.50
09/06/2004
KDJ
Review proposed judgment by SNSF and County and
supplement same.
0.80
$140.00
09/07/2004
KDJ
Modifications to County's proposed judgment.
2.30
$402.50
09/07/2004
SER
Update legal research pertaining to tolling of
pre-judgment interest when commissioners' award is
placed in court registry.
0.30
$52.50
09/0812004
KDJ
Finaiize proposed judgment;
counsel and court.
0.40
$70.00
09/10/2004
WSH
Receipt and review Defendanfs proposed Finaf
Judgment.
0.30
$52.50
09/13/2004
KDJ
Prepare correspondence to court regarding proposed
judgment; Review SNSF's correspondence.
0.50
$87.50
09/16/2004
WSH
Receipt and review letter from Defendant's counsel to
Judge responding to issues raised in Kevin Jewell letter
to court regarding the entry of judgment.
0.20
$35.00
09116/2004
WSH
Receipt and review correspondence from Jeffrey Wolf
regarding correspondence that Kevin Jewell sent on
September 14, 2004 regarding matters raised about the
jUdgment.
0.10
$17.50
09/20/2004
SER
Prepare and send letter to Court responding to issues
raised by SNSF.
0.30
$52.50
09/20/2004
SER
Obtain documentation that County deposited
Commissioner's award into Court registry.
0.50
$87.50
32.00
$5,528.50
Forward same to opposing
Total Professionai Services
PERSON RECAP
Attorney
KDJ
level
Kevin D Jewell
SHAREHOLDER
Hours
Rate
Amount
5.20
$175.00
$910.00
October 22. 2004
Client
003834
Matter.
000000
Invoice #:
1157759
Page:
WSH
William S Helfand
SHAREHOLDER
BER
Barbara E Roberts
ASSOCIATE
DMG
Dawn M Garrard
PARALEGAL
DEJ
David E Jenkins
OF COUNSEL
9.10
$175.00
$1.592.50
15.80
$175.00
$2.765.00
1.10
$110.00
$121.00
0.80
$175.00
$140.00
DISBURSEMENTS
Date
Atty
Amount
Description of Expenses
$5.369.00
07/05/2004
FIRM
Strategic Transportation Services· Expert witness fees for
deposrtion and trial
0813012004
WBH
Postage
$20.02
09/1412004
FIRM
Delivery expense
$11.43
09/14/2004
CH P
Photocopy
$61.95
09/20/2004
WSH
09/20/2004
BER
$5.00
Faxes
$566.00
Automated research
Total Disbursements
Previous Balance
Total Services
Total Disbursements
Less Payments
Total Amount Due
$6.033.40
$81.312.59
$5.528.50
$6.033.40
$81.312.59
$11,561.90
INVOICE TRANSMITTAL
FORT BEND COl!liTY "CDlTOR
,\CCOL,'liTS PAYABLE
;)\0
OS"!
aSja
COUliTY ,'CDITOR
FROM 1016
:tev. ",871
:\0tD
~,fA""""
)
Vendor Name
W~
....~.I"1';~
Vendor :-.lumber
--<-'1'4 I S'-/ 17~1
j
Purchase Order :-.Iumber( s)
d,.,~~
City
/!. L/
f)
#
Zip Code
State
c;
Date
~bi~mbirsLV"
';6:$> -~
kr J~-6l
.•
--------'
.
---------. --------- .
--------
. ----
--------
--?<eG~yJF £--L
G ... ap F"?/r!
,
.
------
--------,------'-----------,
Total
------'----
I
County Auditor'S Use Only
IAN Received:
_
Check Type:
_
Commissioners Court Date:
Audited By:
_
_
Posted By:
Checked By:
Received:
Paid:
'--_
_
/
,
FORM 801
FOR THE YEAR 2005
q
~ 0 elf
,the Commissioners' Court, with the following members being present:
County Judge
Robert E. Hebert
Tom Stavinoha
Grady Prestage
Andy Meyers
Commissioner
James Patterson
Precinct #4
THAT WHEREAS,
theretofore,
on September
28,2004,
the Court heard and approved the budget for the year 2005 for
WHEREAS, on proper application,
of a similar kind and fund.
the Commissioners' Court has transferred an existing budget surplus to a budget
The transfer does not increase the total of the budget.
80
387TH DISTRICT COURT
TRANSFER TO:
LINE-ITEM
AMOUNT
NUMBER
NAME
$3,000
01008008001010
PROPERTY/EQUIPMENT
---'--'$3,000
-_
TOTAL TRANSFERRED TO: -=$
TRANSFER FROM:
LITIGATION
$3,000
010 080 0800 4035
$3,000
.::...:..c.:...:...::....c
TOTAL TRANSFERRED FROM: -=$
EXPLANATION: TO ALLOW FUNDS FOR THE PURCHASE OF VOICE RECORDING
EQUIPMENT FOR THE 387TH ASSOCIATE JUDGE'S COURTROOM
Department Hea_~d:;..:
..;:,,~:::...:.
_
Date:
I{@/ot
---~c..::,r-:::.~'------i
THEca
BY:
;
/'1
COMMISSIONERS
FORT BEND COUNTY
""?it!"';))' iTeM
COURT AGENDA REQUEST FORJ\1
RETUIL'i TO: AGE~DA COORDINATOR
DATE SUBMITTED:
SUMMARY OF ITEM:
11/9/04
llPPROVE PAlIIEIlT OF IIIVOICE 110.20961 IB THE AIlOOIIT OF $5,022.27 TO KLOTZ ASSOClATES,DIC.
lOR PROYESSIalllL SERVICES Im;ARDIBG Yll723 IIlORTIl OF lK359) TO IlORTIl OF F1lJ.093), PBASE
MOBILITYBONOPROJECTt54,PCT.3.
RENEWAL
CONTR<\CTJAGREEMENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BATTSlAGEIlDACOORDIlIM01{)AGENDA
DEPARTMENT:
043-mIGDlEERIIlG
#
PHONE NO.:
(281) 633-7507
J 5"A
11/2104
COURT AGENDA DATE:
- COUNTY JUDGE'S
Yes ()
II,I
IYUHO:230-Q43-4301-78531
No ( )
DOCUMEC'iTS ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) ~o()
ITE:\l:
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
CO!\[\IENTS:
()
Recurring
()
~JA
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( ~ when completed)
If by E-Mail to ospindonlQ co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
J.
2.
3.
All original back-up must be received in the County Judge's Ornce by 2:00 p.m. on Wednesday.
REco,\-nIE:>iDATION
/ ACTION REQCESTED:
1160 Doiry Ashford
KLOTZ
ASSOCIATES,
INC
Suite 500
Houston. TX77079
(281) 589-7257
CONSULTING
ENGINEERS
(281) 589-7309 Fox
emoil@klotz.com
Date:
Project No:
Invoice No:
Jesse Hegemier
Fort Bend County
1124 Blume Road
Rosenberg, TX 7747 1
October 31, 2004
0262.011.000
20961
INVOICE
For Professional Services rendered from September 16, 2004 to October 15, 2004 in connection with:
Preliminary Right of Way Determination
Mobility Bond Project #54
FM 723 north ofFM 359 to north ofFM 1093
P.O. No. PC 04300002682
Description
Lump Sum Fee
Contract
Amount
$134,645.45
$134,645.45
Percent
Complete
12.00
Billed to
Date
Previously
Invoiced
Current
$16,157.45
$11,135.18
Invoice
$5,022.27
$16,157.45
$11,135.18
$5,022.27
Total Due This Invoice:
$5,022.27
I 160 Dairy Ashford
KLOTZ
ASSOCIATES,
Suite 500
INC.
Houston, Texas 77079
CONSULTING
ENGINEERS
28 \ -589-7257
28 \ -589-7309 Fax
Progress Report
To:
Fort Bend County
Project:
FM 723, Klotz Associates No: 0262.011
Date:
October 24,2004
Prepared
Attn: Jess Hegemier, P.E.
email@klotz.com
Fax
281-342-7366
by: Barry Vanderwalt, P.E.
Work Completed to Date:
•
•
•
•
Established Horizontal and vertical control with GPS to NAD 83
Completed cross-sectioning at culvert locations
Set up Diagrammatic Roll plots showing aerial photography, parcels, and existing
ground profile at centerline from as-builds
Established drainage areas for culverts
Work scheduled for November 2004
•
•
•
•
Continue surveying at culverts
Calculate flows for culvert analysis.
Draw x-sections at culverts.
Meet with TxDOT
Outstanding or Problem Issues and Action Items
•
None
Page 1
COMMISSIONERS
FORT BEND COUNTY
~:lt:.NiJi; ~TEM
COURT AGENDA REQUEST FORi'\il
RETURN TO: AGENDA COORD[NATOR
DATE SUBMITTED:
SUMMARY OF ITEM:
OFFICE
S l:BlYUTTED BY: P.1lAftS (AGEIlDA COORDIHATOR)AGENDA
DEPARTMENT:
043-EIlGIIlEERDIG
#
PHONE NO.:
(281) 633-7507
/5..J3
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
11/9/04
APl'RllIIE PAYIIEIITOF IIMlICE 110.40354 IN THE AIIlIlNT OF $14,575.00
ro BQRK-KLEIIIPETER,IHC.
fOR lIlIRK llELATEIJ ro TRAIlIIEL-FRESIlO
ROAD [FROII Fll521 ro BlLLCROFT AVEIlOE), IQlILrrY
IlOIlD
PROJECT#4O,PCTS. 1&2. (FUND:230-G43-4301-7828)
RENEWAL
Yes ( )
CONTRACT/AGREEMENT:
LIST SUPPORTING
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITE:\-I:
N/A()
Funding Source:
Agency
Object
A.'INl:ALIZED
DOLLARS:
One Time
COMMENTS:
()
Recurring
()
N/A
(
)
If by E-Mail to ospindon(/icoJort-hend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pct. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pct. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Completely fill out agenda form, incomplete (orms will not be processed.
Agenda Request Forms may be submitted bye-mail, fax. or inter-office mail, and all information must be provided by
\\'ednesday at 2:00 p.m. to the departments listed above.
RECOM:\-IE:"iD.\TION
/ ACTlO:"i REQl:ESTED:
CHAI~MAN OF THE BOARD
WM. R. "BIFF" BURK, III, PE
BURK-KLEINPETER.
INC.
ENGINEERS, ARCHITECTS, PLANNERS, ENVIRONMENTAL
SCIENTISTS
PRESIDENT
GEORGE
6420 RichmondAvenue, Suite 675
HOUSTON, TEXAS 77057
(Voice)713 892 5901 (Fax) 713 892 5908
C. KLEINPETER,
EXECUTIVE VICE-PRESIDENT
MICHAEL
G. JACKSON,
WWW.8KIUSA.COM
OVER 90 YEARS OF SERVICE
October 4, 2004
Ms, Paulette Batts
Fort Bend County Engineering
1124-52 Blume Road
Rosenberg, Texas 77471
Re:
Trammel-Fresno Rd, from Hillcroft Avenue to FM 521
Preliminary Engineering Report - Fort Bend County Mobility
Work Authorization #2 - PC 04300002445
BKI Project No, 4036-01
Invoice Number: 40354
Monthly Progress Report
Task
A. R.OW. MaDDinaServices
D. Direct Expenses
Total
September 30, 2004
from
Contract
Limits
Percent
ComDlete
Invoiced to
Date
Previously
Invoiced
Amount
of Invoice
$14575,00
$145,750.00
10%
$14,575.00
$0,00
$0.00
0%
$0.00
$0.00
$0.00
$14,575.00
$0.00
$14,575.00
$145,750.00
$14,575.00
Invoice Total Amount Due
Page 1 of2
JR .. PE
PE
BURK-KLEINPETER,
INC.
ENGINEERS, ARCHITECTS, PLANNERS, ENVIRONMENTAL SCIENTISTS
Work Summary
Comments
Task
R.OW. Maooino Services
Direct Expenses
Meetinos and compilation of existing records, drawinos and electronic files.
None
Anticipated Work During Next Invoice Period
Comments
Task
R.OW. MappillCl Services
RiClht of way mapping services to continue.
I verify this invoice to be a true a
correct statement of fact.
Page 2 of2
September 29, 2004
INVOICE
Mr. Larry J. Allen, P.E.
Associate
Burk-K1einpeter, Inc.
6420 Richmond Avenue, Suite 675
Re: Invoice for Right-of-Way Mapping Surveying Services
Performed on the Trammel-Fresno Road Project
Fort Bend County (A tax exempt agency)
Pursuant to the Proposal dated August 12, 2004
TSC Project No. 511-003
Contract Amount
Percent
Complete
132,500.00
10%
$
Invoice No. 511-003-01
Total Amount
Accrued To Date
$
13,250.00
Total Amount
Previous Invoiced
Amount
$0.00
Due This Invoice
Amount Due
$
13,250.00
$
13,250.00
Vice Presioent
K\lnvoices\lnvoices\511-Q03\51100301Trammel·Fresno
Invoice
Houston: 6250 \Vestpark Drive. Suii:e 2iO·
Houston.. Texas 77057-7334.713.784.4466.
Fax 713.784.0900
EI Paso: 5959 Gateway West. Suite 222 • El Paso, Texas 79925 • Phone! Fax 915.m.6500
Balance
$
119,250.00
COMMISSIONERS
FORT BEND COUNTY
~t.Nvil.!TEM
RETU~'1 TO: AGENDA COORDINATOR
DATE SUBMITTED:
SUMMARY OF ITEM:
RENEWAL
c.
11/9/04
APPROVE PAYIIF1ft OF I1IWlCE RO.1047488
IH THE llIIlltJllT OF $15,447.38
'1'0 CAR'rER & BURGESS,IIIC.
FOR l\CTOAL LABllR RATES lUlGARDIIIG THE FOR'r BEIID COUNTYImIlILITY BOIID PROJECTS,PCTS. 1,2,3,
4. (FDND:230-D43-4301-4010)
Yes ( )
CONTRACT/AGREEMENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BM'rSlAliEIlIl" COORDIIIMOR)AGENDA
DEPARTMENT:
043-EllGIIlEERDlG
#
PHONE NO.:
(281) 633-7507
I 5
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No()
ATTACHED:
FINAl'lCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITEM:
N/A()
Funding Source:
Agency
Object
COM:\>IENTS:
A....NUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
Original Form Submitted with back up to County Judge's Office: ( ) ( 01' when completed)
If by E·Mail to ospindonrli co.fort-hend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm, Pet, I
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet, 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm,
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077) .
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
Instructions
1.
2.
3.
AU original back·up must be received in the County Judge's Office by 2:00 p.m. on Wednesday.
REC{).\I~IE:-;D.\TIO'"
i
ACTIO:'! REQUESTED:
Carter::Burgess
Invoice Date:
10/25/04
Fort Bend County
P.O. Box 1449
Rosenberg, TX 77471-1449
Invoice No.:
2047488
Alln:
TERMS:
15 DAYS
Subject to 1.5% Interest
After 15 Days
Jesse Hegemier,
Project
P.E.
No(s). 030539.010
INVOICE
REFERENCE:
On Call Services
Project:
Fort Bend County Mobility Projects
Services
Rendered
Employee Name
David Balmos
John Waisath
Carl Rubiy
Jay Hegemier
Christina Fulton
Dixie Harden
through
- Fort Bend County Engineering
October
Department
1. 2004
Rate
$138.00
$90.00
$78.00
$61.00
$51.00
$62.00
Hours
86.00
51.00
61.00
23.00
45.00
7.00
Title
Project Manager
Sr. Project Coordinator
Sr. Designer
EIT
CADD Operator
Clerical
Subtotal Labor
Total
$11,868.00
$4,590.00
$4,758.00
$1,403.00
$2.295.00
$434.00
$25,348.00
273.00
$99.38
$99.38
Expense - Mileage
Subtotal
Expenses
$25,447.38
INVOICE AMOUNT
I
CARTER & BURGESS, INC. APPROVAL:
Amount Previous
Billed:
Current Invoice Amount:
Total Invoiced to Date:
$486,702.44
$25.447.38
$512,149.82
Remit To: Carter
W1re Transfer:
Corter & Burgess, Inc.
David C. Balmos, P.E.
& Burgess,
Inc., P.O. Box 99350,
Bank One, Texas, ABA #111 000614,
Carter & Burgess Architec"!Engineers, Inc.
C&BArchitects/Engineers, P.C
Fort Worth, TX 16199·0350
Credit: Carter
& Burgess,
Carter & Burgess Consultonl'5, Inc.
C&B Nevada, Inc.
Account #1881137242
C&8 Architects/Engineers, 1nc.
Nixon & Laird Architects/Engineers, P.c.
Detail Project Charges
Services
Project Number:
Project Name:
Project Manager:
Owning Organization:
Contract Type:
Rendered through
Client Name:
030539.010
Fort Bend County General En9·
John C. Holzwarth, P.E.
1.90.03
October
1, 2004
Fort Bend County
Attn: Jesse Hegemier. P.l
P.O. Box 1449
Rosenber9, TX 77471·14-
EMPU EMPLOYEE NAMEI
PERF ORG VEND 10 VENDOR NAME
2047488
281-342-3039 ext. 132
Phone Number:
Time + Materials
10/2512004
HOURS
WEEKENDING
BILLING RATE
TOTAL
BILLABLE
09/03/2004
09/10/2004
09/17/2004
09124/2004
1010112004
24.00
14.00
20.00
20.00
8.00
86.00
138.00
138.00
138.00
138.00
13800
3,312.00
1,932.00
2,760.00
2,760.00
1,104.00
11,868.00
99670
WAISATH, JOHN
WAISATH, JOHN
WAISATH, JOHN
09/17/2004
09127/2004
10/01/2004
17.00
17.00
17.00
51.00
90.00
90.00
90.00
1,530.00
1,530.00
1,530.00
4,590.00
1.90.03
1.90.03
72070
72070
RUBLY, CARL
RUBLY, CARL
09/24/2004
10/0112004
25.00
78.00
78.00
1,950.00
2,808.00
4,758.00
1.90.03
1.90.03
1.90.03
79900
79900
79900
HEGEMEIR, JAY
HEGEMEIR, JAY
HEGEMEIR, JAY
09/03/2004
09110/2004
09/17/2004
1100
10.00
2.00
23.00
61.00
61.00
61.00
671.00
610.00
122.00
1,403.00
1.90.03
1.90.03
53600
53600
FULTON, CHRISTINA
FULTON, CHRISTINA
09/24/2004
10/01/2004
17.00
28.00
45.00
51.00
51.00
867.00
1,426.00
2,295.00
1.90.03
1.90.03
75570
75570
1.90.03
1.90.03
75570
HARDEN,
HARDEN,
HARDEN,
HARDEN,
DIXIE
DIXIE
DIXIE
DIXIE
09/03/2004
09/17/2004
09/24/2004
10/01/2004
1.00
2.00
2.00
2.00
7.00
62.00
62.00
62.00
62.00
62.00
124.00
124.00
12400
434.00
Subtctal
for T~sk 1.0110
1.90.03
1.90.03
1.90.03
1.90.03
1.90.03
35210
35210
35210
35210
35210
BALMOS,
BALMOS,
BALMOS,
BALMOS,
BALMOS,
1.90.03
1.90.03
1.90.03
99670
99670
TASK:
DAVID
DAVID
DAVID
DAVID
DAVID
C
C
C
C
C
61.00
75570
A
A
A
A
25,348.00
TASK NAME:
1.0390
EXPENSES
WEEKENDING
PERF ORG VEND ID VENDOR NAME
1.90.03
36.00
MILEAGE
SUBTOTAL
Total for Project
Number
030539.010
EXPENSES
TOTAL BILLABLE
99.38
$99.38
$25,447.38
55 Wough
Drive, Suite 800
Houston, Te)(os77007-5833
Carter==Burgess
Phone: 713.869.7900
Fall:: 713.869.5502
www_c-b.com
October 25, 2004
Mr. Jesse Hegemier, P.E.
County Engineer
Ft. Bend County
1124 Blume Road
Rosenberg, TX 77471
Reference:
"As Required" Services for Ft. Bend County
Dear Jesse:
Please find attached our invoice for the Ft. Bend County Mobility Bond Issue projects for the
period from August 28,2004 through October 1,2004. It is for the amount of $25,447.38, which
represents our actual labor cost plus expenses.
The tasks performed during the invoice period includes the following:
Consultant Coordination
•
Negotiated contracts for SH 99 at US 90A schematic,
schematic.
and for SH 99 at Westpark
•
Attended various status meetings for Scanlin Road, Avenue E, West Bellfor!, and
Trammel Fresno Road. Prepared change order backup for Scanlin Road.
•
Met with various consultants to discuss scope of works for new projects including FM
723, SH 99 at FM 1093, SH 99 at US 90A, Burney Road, Ransom Road, Fm 762,
GreenbushlWestheimer Parkway, and FM 359.
•
Coordinated with TxDOT for various PE/EA projects that are under negotiation.
If you have any questions or require any additional information, please call me at 713-869-7900.
Sincerely,
CARTER & BURGESS, INC.
;z2-?/~
David C. Balmos, P.E.
Project Manager
Enclosures
Carter
& Burgess,
Inc.
Corter & Burgess Architects/Engineers,
C&B Architects/Engineers, Inc.
Inc.
Corter
C&B Architects/Engineers, Pc.
& Burgess Consultants,
C&B Nevada, Inc.
Ine.
COMMISSIONERS
RETU~'i
DATE SUBMITTED:
FORT BEND COUNTY
~E.NDJ;' !TEM
COURT AGENDA REQUEST FORl"l
TO: AGENDA COORDINATOR
SUMMARY OF ITEM:
11/9/04
APPROVEPA_
OF DIVOrCE NO.8513 IN THE AIIJIIIl'r OF $13,465.25 ro CLAIJM::II I; IIILLER,DIC.
fOR COIIPLETrOliOF SCAIlLIIl ROADDRAIIIlUiE AHD PAVDIG IIIPROVEIIEIlT, IKJIIILITY llOIlD l'llOo:JD:TI37,
PCT.2. (FUHD:23D-043-4301-78051
Yes()
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BA:r'!5(AGEIIIIA
COORDIlIA'lORIAGENDA
DEPARTMENT:
043-EIlGIHEERIlIG
#
PHONE NO.:
(281) 633-7507
{t:; D
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITE'YI:
N/A()
Funding Source:
Agency
Object
COMMENTS:
Ai'lNI.:ALlZED DOLLARS:
One Time
()
Recurring
()
:"IIA
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( ,/ when completed)
If by E-Mail to ospindonliico.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Completely fill out agenda rorm~ incomplete forms will not be processed.
Agenda Request Forms may be submitted bye-mail. fax, or inter-office mail, and all information must be provided by
RECOi\l:\IE:\D.HI0~
! ACTIO:"
REQlESTED:
CLAUNCH & MILLER,INC.
Engineering Consultants
IN-8513
Client:
Attn:
INVOICE FOR SERVICES
Fort Bend County Engineering Department
DATE:
P. O. Box 1449
1124-52 Blwne Road
P. O. No.:
September 30,2004
Z7t.{f.
0430000~
CMI Job No.: 01-059
Professional services in connection with additional materials testing services as well as a study to review
alternatives to provide ultimate drainage improvements within the proposed Scanlin Road Right-of-Way.
Invoicing in accordance with Supplemental Agreement No.1 dated September 28, 2004. Amount not-toexceed $24,490.00. Invoice No.1.
Drainage Study (Lump Swn $4,800.00)
Amount Due
% Complete
Amount Due Amount Invoiced
This Invoice
Previously
To Date
To Date
Fee
$4,800.00
$0.00
100%
$4,800.00
$4,800.00
Total Due This Invoice: $ 4,800.00
Materials Testing - (Cost + 10 % =
This Invoice: $7,877.50 + 10% =
Previous Invoiced:
Billed to Date:
$19,690.00)
$8,665.25
$
0.00
$8,665.25
Balance: $11,024.75
Total This Invoice:
TOTAL AMOUNT DUE THIS INVOICE:
$ 8,665.25
$13,465.25
Amount Invoiced to Date: $13,465.25
ReViewed:~
Approved:~
4635 Southwest Freeway, Suite 1000· Houston, Texas 77027-7169 • 713-622-9264 • Fax 713-622-9265
l.!s.l
Information
~-..
'1'0 Build On
PSI
Houston, TX
(713) 224-2047
Federal 10 37·096Z090
Engineering. Consulting • Testing
Professional Service Industries, Inc.
www.psiusEl.com
Mall To'
ATnr
CMT JOB
294809
Rpt #
107/07/04
0001
'07/07/04
0001
07/07/041 0001
07/22/04
0002
07/22104 I 0002
071221041 0002
07122/04 0003
07/22/04 ' 0004
07/22/04
0004
07126/04 0005
07126/04 0005
07/26/04
0005
07/26/04
0005
,07/26104
0005
! 07/28/04 0006
'07/28/04
0006
07/28104
0006
07/28/04
0006
1
I 07128104
0006
'07/30/04
0007'
[ 07130/04 ,0007
. 07/30/04
0007
i
I
201-40079
#01-059
SCANLIN lID PAVIt'G AND DRAINAGE IMPROVEMENTS,
:o;te
CLAUNCH & MILLER, INC
4635 SOUTHWESTFREEWAV
SUITE 1000
HOUSTON
TIC 77027
Project Number
Purchase Order
Customer I'
Project:
Bill To:
ANDREA R. BROUGHTOl'
CLAUNCH & rvOLLER, INc
4635 SOUTH IVEST FREEWAY
SUlTE 1000
HOUSTON
TX 77027
FT_ BEND CO, TX
DesGrlptfon
•PROJECT
ENGR, P,E. PER HR
STAFF ENGR (E.l.T.) PER flR
VEHICLE CHARGE - PER HOUR
TECH, NON-NICET PER HR
NUCLEAR DBNS EQP/HR (8 fiR MAX)
RPT OF SA.'YIl'LE PICK-UP
'ISO' M-D RELATION SID (EA)
ATTERBERO LIMITS (EA)
TECH. NICET IV PER HR
,TECH, NICET IV - OT HR
INUCLEAR DENS EQPIHR (8 fiR MAJ.')
!PERCENT SOLIDS Of LIME SLURRY
ITECH, NON-NICET PER HR
TECH, NICET 0 PER HR
NUCLEAR DENS EQPIHR (8 fiR ~-IA-,,()
IVEHICLE CHARGE. PER HOUR
,PERCENT SOLIDS OF Ln"m SLeRRY
TECH, NICET n PER HR
TECH, NICET n OTIHR
IVEHICLE CHARGE - PER HOUR
3.00
3.00
3.00
5.50
5.50
5.50
0.00 •
\.00
1.00
800·
•
I
1.20 ;
8.00
'I'
I
I
9.20
\.00
I
'
1.20
3.00
4.20 j
4.20 "
1.00
8.00 ,
I'
I
.50
8.50
Amount
Unit Coot
82.00
65.00
I
246.00
195.00
16.50
176.00
44.00
5.50
32.00
8.00
550
0.00
150.00
45.00
53.00
79.50
8.00i
5.501
32.00
3200i
43.001'
8.00
5.50.
32.001
43.00
64.50,
30.25
0.00
150.00
45.00
424,00
95.40
6400
50.60
32.00
38,40
129.00
33.60
23.10
32.00
344.00
32.25
46.75
5.501
I
I Invoice Total:
TERMS: NET 30 DAYS. A SERYCE CHARGE O~ 1.5% PER MONTH, WHiCH IS AN ANNUAL PERCENTAGE RATE O~
PAST ~UE ACCOUNTS.
18'1'. WILL
·Continued-
BE AOoED TO ALL
To ;Inure proper credit to your account, please retum this remIttance stub with your check made payable to ProfessIonal Service Industries, Inc.
Plea3€ mail remittance
to
ProfessIonal Service Industries,
PO Box 71168
Chicago, IL 60694-1168
Inc.
Customer
294809
AI
Invoice'
Project Number
256556
201-40079
Amount Enclosed
L-
ISd
0SL8-T69-0E9
-.J
l~.,'t)S ••;lToBuild
Injonnation
On
PSI
Houston, TX
(713) 224-2047
Federal
Engi""";ng • CQnsulting • Testing
10 37-0962090
www.psiusa.com
Bill To:
Mail To: ATIN: ANDREA R. BROUGHTON
CLAUNCH & MilLER. INC
4635 SOUTHWEST FREEWAY
SUITE 1000
HOUSTON
TX 77027
Projecrt. Number
Purchase Order
Customer.
CM! JOB
294809
CLAUNCH & MILLER. INC
4635 SOUTIIWESTFREEWAY
SUItE 1000
HOUSTON
TX 77027
201-40079
#01-059
ProJoct SCANLIN RD PAYING AND DRAINAGE Ii\'lPROYEML"ITS, FT. BEND CO, TX
Amount
Unit Cost
Quantity
Rpt # Des.r1p~on
0008 RPT OF SAMPLE PICK-UP
0009 ,OMD LIME OR STABILIZED SOIL
0010 'OMDLIMEORSTABILIZEDSOIL
0.00
1.00
1.00
0.00
165.00
165.00
0.00
165.00i
165.00'
I
!
I
I
I
I
2.S77.~
Invoice Total:
T~RMS: NET 30 DAYS. A S~RVCE CHARGE OF 1.6% PER MONTH. WHICH IS AN ANNUA~ PERCENTAGE RAT~ OF 18% W1~~ 8E ADDED TO A~~
PAST DUE ACCOUNTS.
To assure prOI'Qr credit to your account. please retum this remIttance stub with your check made payable to Professional Service Industries, Inc.
Please mail remittance to:
PO Box 71168
Chicago,
IL 60694-1168
Customer'
294809
ISd
Invoice .,
256556
Project Number
201-40079
05L8-,59-0E9
!
Amount EnclOHd
i
lI:!."'.
Qn;l .ToInformation
Build On
PSI
Houston, TX
(713) 224-2047
Engineering • Consulting • Testing
Professional
FederallD 37-0962090
Service Industries, Inc.
www.psiusa.com
Mail To:
I
II
Customer
#
-
294809
Project' SCANLIN RD PAVING
Date
08/03/04
08/03/04
08/03/04
08/04/04
08/04/04
08/04/04
08/04/04
08/04/04
08/04/04
08/05104
08/05104 .
08/051041
. 08112/04 !
08112/04 i
08/12/04 ,
08112104
I 08112/04
08112/04
08112/04
08112/04
I
I
I
SUITE 1000
HOUSTON
TX 77027
Purchase Order
Project Number
CMI JOB #01-059
201-40079
AND DRAINAGE
IMPROVEMENTS
I
Date
Invoice #
08/31104
263596
Unit Cost
Quantity
4.00
2.70
2.70
7.00
7.00
7.00
0.00
350
350
4.00
3.70
3.70
8.00
3.70
8.00
11.70
4.00
4.00
4.00
4.00
4.00
0.00
0011 IrECH, NICET IIPER HR (MIN)
0011 NUCLEAR DENS EQP/HR (8 HR MAX)
0011 IVEHICLE CHARGE - PER HOUR
0012 TECH, NICET II PER HR
0012 VEHICLE CHARGE - PER HOUR
0013 RPT OF FINAL MIXING OF LIME
0014 STAFF ENGR (E.l.T) PER HR
0015 TECH, NICET II PER HR (MIN)
0016 TECH, ACI I PER HR
0016 TECH, ACI lOT PER HR
0016 NUCLEAR DE NS EQP/HR (8 HR MAX)
0016 VEHICLE CHA RGE - PER HOUR
0017 CONC COMPST-6XI2" CYL (EA)
0018 CONC COMPST-6XI2" CYL (EA)
00191CONC COMPST-6XI2" CYL (EA)
0020CONC
COMPST-6XI2" CYL (EA)
0021 ,CONC COMPST-6XI2" CYL (EA)
0022 RPT OF FIELD COMPACTION TESTS
I'
i
~
I
.
I
i
i
172.00
21.60
14.85
301.00
56.00
38.50
0.00
227.50
19.25
172.00
29.60
20.35
28800
199.80
64.00
64.35
5200
52.00
52.00
52.00
52.00
000
..L-_---t--;---c-~L..-~~
A SERVCE CHARGE OF 1.5% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE
*Continued '"
~~==""---_J
RATE OF 18% WILL BE ADDED TO ALL
To assure proper credit to your account, please return this remittance stub with your check made payable to Professional Service Industries. lnc
PO Box 71168
I
Amount
43.00!
8.001
5.50
43.00
8.00
5.50
0.00
65.00
5.50
43.00
8.00
5.501
36.001
54.001
8.00
5.50
13.00
13.00
13.00
1300
13.00
0.00
Invoice Total:
TERMS: NET 30 DAYS.
PAST DUE ACCOUNTS.
Page i
0001
FT BEND CO TX
Rpt # I Description
I"""'" _JL.-'
08112/04
Bill To:
ATTN: ANDREA R. BROUGHTON
SUITE 1000
HOUSTON
TX 77027
___.;..._!~...oice !!.-.,_
Customer #
294809
------------------
--
---_._-
263596,
._-----.- _._ .._---..
Project Number
201-40079
-- ----- ---_.
I
lu~;llnformation
PSI
Houston,
14."' •. ToBuild On
Professional
TX
(713) 224-2047
Federal 10 37·0962090
Service Industries, Inc.
www.psiusa.com
Mail To:
Bill To:
SUITE 1000
HOUSTON
TX 77027
Customer
Purchase
#
29'4809
Date
Rpt #
0023
0023
0024
0024
0024
0025
0026
0027
0028
0029
0030
0031
0031
0032
0032
0032
0033
0034
0035
0036
0037
0037
201-40079
CMI JOB #01·059
, IT
08/31/04
Invoice #
I
Page
I
I
263596
I
0002
I
Unit Cost
Quantity
Description
i
I
I
I
I
I
L_l
I
BEND CO, TX
CYLINDER PICKUP· PER HOUR
VEHICLE CHARGE· PER HOUR
TECH, ACI IPER HR
TECH, ACI I OT PER HR
CONC COMPST-6XI2" CYL (EA)
CONC COMPST·6XI2" CYL (EA)
CYLINDER PICKUP· PER HOUR
TECH, ACI I PER HR
TECH, ACI lOT PER HR
:CONC COMPST·6XI2" CYL (EA)
iCYLINDER PICKUP· PER HOUR
IVEHICLE CHARGE· PER HOUR
TERMS: NET 30 DAYS.
PAST DUE ACCOUNTS.
Date
Project Number
Order
Project· SCANLIN RD PAVING AND DRAINAGE IMPROVEMENTS
08113/04
08113/04
08/16/04
08116/04
08116/04
08116/04
08116/04
08116/04
08/16/04
08116/04
08116/04
08117/04
08117/04
08118/04
08118/04
08118/04
08118/04
08118/04
08118/04
08118/04
08119/04
08119/04
SUITE 1000
HOUSTON
TX 77027
1.50
1.50
8.00
2.00
10.00
4.00
4.00
4.00
4.00
4.00
4.00
2.00
2.00
8.00
.20
820
4.00
4.00
4.00
4.00
2.50
2.50
Amount
32.00
5.50
36.00
5400
5.501
13.00
1300
13.00
13.00
13.00
13.00
32.00
5.50
36.00
54.00
550
13.001
13.001
13.00
13.001
32.001
5.50
48.00
8.25
288.00
108.00
55.00
52.00
52.00
52.00
52.00
52.00
52.00
64.00
11.00
288.00
10.80
45.10
52.00
52.00
52.00
52.00
80.00
13.75
I
1/ "'
!
----------.!.----l--:---,-=..
A SERVCE CHARGE
OF 1.5% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE
-I
..J.I
Invoice Total:
"'Continued'"
_---==.:=:.::....J
To assure proper credillo your account, please return this remittance stub with your check made payable to Professional Ser.;ice Industries. Inc.
Please mail remittance to
Professional
Service
PO Box 71168
IL 60694·1168
Chicago,
I
Industries,
Inc.
.
- -
--- -~_.".'-'~~~-----,-----
cus!~~~_~ __
.
294809
__
~__
I!".
...
~ice_#
263596
--~-,----
--~
Enclosed
~!~j_e~c~_Nu~_ber Amount
- - ----- - - --~-
201-40079
l I:!."".
'CJs;l.ToInformation
Build On
PSI
Houston, TX
(713) 224-2047
Federal10 37·0962090
www.psiusa.com
Bill To:
4635 SOUTHWEST FREEW AY
SUITE 1000
HOUSTON
TX 77027
Mail To:
Customer
Purchase
#
,
Order
,
,
CMI JOB #01-059
294809
SUITE 1000
HOUSTON
TX 77027
Project Number
I
Date
I
Invoice #
I
Page
201-40079
i
08/31/04
I
263596
i
0003
Project·SCANLIN RD PAVING AND DRAINAGE IMPROVEMENTS , FT BEND CO , TX
Rpt#
Date
08/20/04
08/20/04
08/20/04
08/21/04
08/21/04
08/26/04
i
08/26/04
0038
0038
0039
0040
0040
0041
0041
0041
0044
0044
08/27/04
08/27/04 0045
0046
08/27/04
08/27/04 0047
08/27/04
0047
08/28/04 0049
08/28/04 l 0049
08/30/04 0050
08/30/04 0050
08/30/04 0050
08131104 0051
08/31104 0051
08/3 1I04 I 0051
08/26/04
08/27/04
,
I
Description
Unit Cost
Quantity
5.00
TECH, NICET II PER HR
,CONC COMPST-6XI2" CYL (EA)
CYLINDER PICKUP - OVERTIME
TECH, ACI I PER HR
TECH, ACI I OT (AFTER 6:00PM)
TECH, NICET II PER HR
RPT OF SAMPLE PICK-UP
OMD LIME OR STABILIZED SOIL
TECH, NICET IV PER HR (MIN)
CYLINDER PICKUP - OVERTIME
I VEHICLE CHARGE - PER HOUR
,TECH, NICET II PER HR (MIN)
iNUCLEAR DENS EQP/HR (8 HR MAX)
TECH, NICET II PER HR (MIN)
NUCLEAR DENS EQP/HR (8 HR MAX)
I
Amount
215.00
430~!
5.501
13.00
5.00
4.00
2.20
2.20
5.50
.20
5.70
4.70
4.70
0.00
100
4.00
3.00
2.50
2.50
4.00
1.70
170
4.00
2.70
2.70
27.50
52.00
105.60
12.10
198.00
10.80
31.35
202.10
25.85
0.00
165.00
212.00
16.50
120.00
13.75
172.00
1360
9.35
172.00
2160
14.85
48.00
5.501
36.00
54.00
5.50
43.00
5.50
0.00
165.00
53.00
5.50
48.00
5.50
43.00
8.00
5.50
43.00
8.00
5.50
,I{
l
i
I;)
;
l
I
..
TERMS: NET 30 DAYS.
PAST DUE ACCOUNTS.
A SERVCE CHARGE
OF 1.5% PER MONTH, WHICH IS AN ANNUAL
PERCENTAGE
Invoice Total:
*ContlTIued*
To assure proper credit to your account, please return this remittance stub with your check made payable to Professional Service Industries, Inc.
Please mail remittance to
PO Box 71168
294809
263596
201-40079
II
l'o~;l
Information
~.." •. ToBuild On
PSI
Houston, TX
(713) 224-2047
En~n~ring·CM~nmg·~sUng
Federal10 37·0962090
www.psiusa.com
Mail
Bill To: CLAUNCH & MILLER, INC
SUITE 1000
HOUSTON
TX 77027
To: ATTN: ANDREA R. BROUGHTON
SUITE 1000
HOUSTON
TX 77027
Customer
Purchase
#
294809
Project·
SCANLIN RD PAVING AND DRAINAGE
Date
08/31/04
Order
CMI JOB #01-059
IMPROVEMENTS
, FT
i
Project Number
i
Date
I
Invoice #
Page
i
201-40079
i
08/31104
i
263596
0004
BEND CO TX
Quantity
Rpl#
Description
0052
RPT OF SAMPLE PICK-UP
Amount
Unit Cost
0.00
I
0.00
0.00
,
I
I
i
i
i
,
i
I
I
I
I
!
I
I
I
I
I
I
i
Invoice Total:
5,299.65
'i1~lJltI+~
TERMS: NET 30 DAYS.
PAST DUE ACCOUNTS.
A SERVCE CHARGE
OF 1.5% PER MONTH. WHICH IS AN ANNUAL PERCENTAGE
To assure proper credit to your account, please return this remittance stub with your check made payable to Professional Service Industries, Inc.
PO Box 71168
cU.S!~~~_r:.-~__ I
294809
....
------.------------~--.-----
--~----_.~
Invoice #
Project Number
!
Amount Enclosed
I
.. -, - 2635~-------2rj'J:..looi9----.------~-.
i
----,
run
I
..,_.~ ....~ .......
~ •••.
J
---
PURC~RDER
P,O, NUMBER:
P,O, DATE:
01
10 08 2004
DELIVER BY:
10 08 2004
PAGE.:
BUYER:,
PC 04300002746
CONFIRMING:
13 "CHERYL
KREJC I
D
NO
SHIP TO:
vENDOR:
760156774 CLAUNCH & MILLER, INC
.,4635SW FREEWAY, SUITE::1000
BILL TO:
HOUSTON
TX
77027-7169
: KIM D, COPE
QU..,NTllY.
DESCRIPTION
ENGINEERING
1124 BLUME ROAD
ROSENBERG TX 77471
ENGINEERING
POBOX
1449
ROSENBERG TX
APPROVED
EXTENDED
UNIT COST
24,490,000000
1. 000 EA
@
001 580
230 043 4301 2000 7805 01
SUPPL!':M!':NTALAGREEMENTREGA.RDING PROF. SERVICES FOR THE
'.COMPLETION'OF SCANLIN ROAD PROJECT PAVI~G AND DRAINAGE
SVPPL;EiMENTAL AGREEMENT
77471
COl
24,490, '00
IMPROVEMENTS
IN CC 9/28/04
,PAGE TOTAL
GRAND TOTAL
24,490.0C
24,490.0C
BY MY SlGNATlJRE I ATTEST THE ITEMS ON THIS OROER HAVE B
RECEIVED AND T>lAT AU: ITEMS MEET SPfCIFlCATIONS.
IIGNATURE
FBCA FORM
OF PURCHASING
107.
(MAY 92)
AUTHORIZED S1GNATURE.tlATE
AGENT
RECEIVING
REPORT
COMMISSIONERS
FORT BEND COUNTY
<oS~:;J\ f£~,l
COURT AGENDA REQUEST FORM~'"
RETU~"i TO: AGENDA COORDINATOR
DATE SUBMITTED:
SUMMARY
E
11/9/04
APPROVEPAYIIEIlT OP INVOICE 110.8514 IN THE AIm1IIlT OF $7,348.23 ro CLAUIICH & IIILLER,DIC.
FOR SCAIlLIII ROAD UTILITIES,
IlllBILITY IlOIlD PROJl'X:T#37,PCT.2. IFlIIlD:230-<J42-1Kl3B-4010)
OF ITE;VI:
Yes()
RENEWAL CONT~~CT/AGREEMENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.MrrS(AGf2lIlA. COORDIIIM'OR)AGENDA
DEPARTMENT:
043-EllGIIlEERIIlG
#
PHONE NO.:
(281) 633-7507
/'.:>
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes ( ) ;';0 ()
ITDI:
Al'iNUALIZED DOLLARS:
NIA ( )
Funding Source:
Agency
Object
Fund
One Time
()
Recurring
;';IA.
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ~ when completed)
If by E-Mail to ospindonrQ' co.fort-hend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341·3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344·3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
I.
2.
3.
AU original back-up must be received in the County Judge's Office by 2:00 p.m. on W'ednesday.
RECO'l-DIE:"iD.\TlON
L
--------------~
I ACTION REQUESTED:
PURCHASE ORDER
P.O. NUMBER:
PC 00100001646
,
SPECIAL
INSTRUCTIONS:
BUYER;
13
CONFIRMING:
CHERYL
I".RE~IC
I
760156774 CLAUNCH & MILLER, IrK
4635 SW FREEWAY, SUITE 1000
BILL TO:
DESCRIPTION
11 2 i 2003
DELIVER
11 24 2003
BY:
D
SHIPTO:
TX
01
P.O. DATE:
FOB:
NO
VENDOR:
HOUSTON
KIM D. COPE
PAGE t:
77027-7169
QUANTITY
COUNTY JUDGE
309 S 4TH STREET, SUITE 719
RICHMOND TX 77469
COUNTY JUDGE
301 JACJ.'SON
RICHMOND TX 77469
UNrr COST
001 301
1.000 EA
@
47,311.000000
010 042 M03B 2000 4010 01
SCANLIN RD UTILITIES - APPRV COMM COURT 10/14/03
PROFESSIONAL SERVICE EXEMPTION APPROVED IN CC ON 10/14/03
PAGE TOTAL
GRAND TOTAL
ilGNA11JAE OF PURCHASING
F8CA FORM 10741MAY 92)
AGENT
VENDOR COPY
EXTENDED CO!
47,311.00
47,311. OC
47,311.0C
CLAUNCH & MILLER, INC.
Engineering Consultants
IN-8514
INVOICE FOR SERVICES
Client:
P. O. Box 1449
1124-52 Blume Road
DATE: September 30, 2004
Altn:
CM1 Job No.: 03-019
Construction administration and part time inspection services for the Scanlin Road Utilities Project. Invoice
in accordance with contract dated October 14,2003. Contract amount not-to-exceed $47,311.00. Invoice
No. 12.
LABOR
RATE
Sr. Project. Mgr.
Project EIT
Admin. Assist.
Inspector
$128.57
$80.73
$44.85
$57.50
HOURS
THIS
INVOICE
TOTAL
THIS
PERIOD
HOURS
TO
DATE
AMOUNT
PREVIOUSLY
INVOICED
TOTAL
INVOICED
TO DATE
2.00
21.00
$ 257.14
$1,695.33
$
$5.405.00
$7,357.47
33.50
117.50
3.00
460.00
$ 4,049.96
$ 7,790.46
$ 134.56
$21.045.01
$33,019.99
$ 4,307.10
$ 9,485.79
$ 134.56
$26.450.01
$40,377.46
TOTAL
THIS
PERIOD
HOURS
TO
DATE
AMOUNT
PREVIOUSLY
INVOICED
TOTAL
INVOICED
TO DATE
$
$
86.00
$6,942.78
$6,942.78
$6,942.78
$6,942.78
94.00
Subtotal:
Coordination of Lift Station Plat (from 6-2-03 to 12-1-03)
LABOR
RATE
Project EIT
$80.73
HOURS
THIS
INVOICE
Subtotal:
Totals:
$39,962.77
$47,320.24
Contract Amount Not-To-Exceed: $47,311.00
Amount Previously Invoiced: $39.962.77
Total Amount Due this Invoice:
$ 7,348,23
Ao,v
REVIEWED:
APPROVED:~r--
4635 Southwest Freeway, Suite 1000· Houston, Texas 77027-7169·713-622-9264·
Fax 713-622-9265
COMMISSIONERS
FORT BEND COUNTY
"/J}B;~{);\tTeM
RETUR!'\I TO: AGENDA COORDINATOR
DATE SUBMITTED:
SL'MMARY OF ITEM:
RENEWAL
11/9/04
JlPPROYE PAYIIEIlT OJ' IIIVOlCE 1IO.}'Il-{)7-OO9 IN THE JlIIOOlIT Q}' $14,795.00
ro GUESS GROOP,IIIC.
}'OR THE J'IF"rII STREE'll'ROJECT,
IDlILITY BOIIDl'ROJl!:CTt17, PCT.2. (FUND:230-o43-4301-7827J
CONTRACT/AGREE;\IENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BArIS(AGEIIDA
COOROIHAmRlAGENDA
DEPARTMENT:
043-t2IGINEERI!IG
#
t=
PHONE NO.:
(2811 633-7507
I')'
11/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
Yes ()
No ( )
ATTACHED:
FINAl"'CIAL SUMMARY:
BVDGETED
Yes ( ) No ()
I
~gency
ITEM:
N/A ( )
Funding Source:
Object
.",NNVALIZED DOLLARS:
One Time
COM;\IENTS:
()
Recurring
()
N/A
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( '" when completed)
If by E-Mail to ospindonraco.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
All original back-up must be received in the County judge's Office by 2:00 p.m. on Wednesday.
RECC>:\l'IEND.\
TlO~ I ACTION REQl'ESTED:
Invoice Number
FB-07-009
GUESS GROUP, INC.
A REAL ESTATE SERVICES CO.
m
REALTOR"
2626 South Loop West
Suite 545
INVOICE
Phone: 713-660-7003
Fax: 713-660-7570
November I, 2004
TO:
Mr. Jesse Hegemier, P. E.
Fort Bend County
County Engineer
P.O. Box 1449
FROM:
The Guess Group, Inc.
2626 South Loop West, Suite 545
Houston, Texas
PROJECT:
Fifth Street Right-of-Way
Fort Bend County, Precinct 2
Work Authorization # 1
PC 04300002583
SERVICES RENDERED:
A) Acquisition of and access to Parcels # 26, 31, & 32
for the Fifth Street Right-of-Way Project.
$
10,500.00
B) Legal services and closing documents for subject Parcels
(See attached Legal Services Activity Sheet)
$
2,950.00
C) Administrative Services
$
1,345.00
TOTAL CONTRACTED AMOUNT DUE:
$
14,795.00
DATE AND TIME: 10/25104
SERVICE PROVIDED FOR: __
~~~~~!.ILTheGuess
Group
SERVICElS) PROVIDED
Called County Attornev to discuss donation of oarcel 26
Teleconference with County Attorney regarding Issues with
extra charges on parcel 26 for the donation and tax
orovisions for aQriculturalland.
Drafted letter to County Attornev renardinn Parcel 26
Received letter back form Ft. Bend County, and discussed
with Aoent A. Tenv
Contacted Appraisal District regarding parcei 26, and
discussed letter they needed to send letter to the estate of
E.C. Farrell.
Drafted letter to Aooralsal District renardinn Parcel 26
Received letter from Appraisal district, and had meeting
with broker A. Tenv to discuss next steos.
Teleconference with Attorney for the estate of E.C. Farrell
reaardino saecial warrantv deed.
Drafted Snecial Warrantv Deed for Parcel 26
TOTALS
_
Flat Rate
TOTAL
$45.00
$45.00
$180.00
$180.00
$150.00
$150.00
$75.00
$75.00
$100.00
$100.00
$150.00
$150.00
$75.00
$75.00
$75.00
$150.00
$75.00
$150.00
$1,000.00
$1,000.00
$1,000.00
Amount Due:
/o/,;;sjoC/
Q~£e:i-'sq--L~~~=-------TheGuessFirm
Date
DATE AND TIME: 10125104
dl!!~~~JL\!j,!...The Guess Group
SERVICE(S) PROVIDED
_
Flat Rate
Deed for Parcel 31
$150.00
Drafted Non Foreion Status Doc for Parcel 31
$150.00
TOTALS
$300.00
Drafted General Warranty
Amount Due:
C~~S,~q-.·-4~....lL...~~------The Guess Firm
TOTAL
$300.00
$300.00
DATE AND TIME: 10/25/04
~"--""""""'~'-"'!J"-The Guess Group
_
Flat Rate
SERVICElS) PROVIDED
Drafted General Warrantv Deed for Parcel 32
$ 150.00
Drafted Seven (7) Non Foreian Status Doc for Parcel 32
$1,050.00
Drafted Affidavit of Heirshin
$
150.00
Drafted Assignment
Street
$
150.00
of interest for Property at 2842 Y, Fifth
Drafted Same Name Affidavit
$ 150.00
TOTALS
$1,650.00
Amount Due:
The Guess Firm
TOTAL
$1,650.00
$1,650.00
COUNTY OF FORT BEND
Engineering Department
1124 Blume Road
Phone: 281-342-3039
Jobnny Ortega
Permit Administrator
P.O. Box 1449
Rosenberg, TX 77471
RELEASE AUTHORIZATION
THE FOLLOWING DOCUMENT (S) CAN BE RELEASED UPON ORDER OF COMMISSIONER
COURT:
Check one or more documents per project
PERPETUAL BOND
#_--------------
$-------------
Name:
_
PERFORMANCE BOND
RS~-J.O;L~01---$ 5.000·
,
Name:
A \E<: I 1" rJc..
#
CASHIER'S CHECK
#_--------------
$------------
Name:
_
RIDER TO BOND
$------------
#_-------------Name:
_
PERMIT NUMBER (name or location:
<6d- e\\?
RELEASE DOCUMENT (S) TO THE FOLLOWING:
Name:
Address:
f\ L B c..
'P. O.
-::r-Nc..V("r.=OVl.=o.;h:..lL:ecl-=~
P;o)<
_
'tOO 2lo$
k .J?c. :z J.-",<t...,.~.::.-,-O=-tj. IH\~
Po> o-rV l nUlJ..lC
_
City/State/Zip: ---H-OU,S
COMMISSIONER, PRECINCT#
_
~~COURT APPROVED:
DATE 0
BY:
URN: \-+..,.,~
Il\relellseatltllo
....",._
--t:Jl:;.>blel·~-lt--Jtrvru~~:....DEPUTY COUNTY
1:\WPOA T A\LETTERS\PERM
\V\.gj
LERK
FORT BEND COUNTY CLERK
301 Jackson St.. Richmond. TX 77469-3108 (Main)
303 Texas Parkway. Missouri City. TX 77459 (Branch)
(281) 341-8685
\\/\\'w.co. tt..m-bend.tx.llS
DIANNE WILSON.
Ph.D.
COU"iTY CLERK
Admll1. Fax 12811341-8697
Civil Fax (281) 341-4520
Criminal Fax (281) 341-868 I
Recording Fax (281) 341-8669
November 17,2004
NOTIFICATION
OF RELEASE OF BOND
A release order has been issued by the Fort Bend County Commissioners
the following:
BOND#
RSB-202307
PRINCIPAL
ALEC, Inc.
SURETY
RLI Insurance Company
RELEASE TO
Allen Barrilleaux
ALEC Incorporated
P.O. Box 800365
Court for
$5,000.00
Information on the issuance and release of this security are on file at the Fort Bend
County Clerk's Office. Inquiries should be addressed to Dianne Wilson, Ph.D., Fort
Bend County Clerk, 301 Jackson, Richmond, Texas 77469-3108 or call 281-341-8653.
~
....,·"'-:7
Alicia Yeomans
County Clerk's Office
cc:
Mary Jane Sowa, Fort Bend County Engineering
\5~
REVIEW BY FORT BEND COUNTY COMMISSIONERS
On this
q
day of
Fort Bend County
accompanying
Commissioners
,20
JY\Ms h4\ ~dz~
~/S SM(\~
Shs,.,ee2~*,--
JJ - 1- ()l(
Bond No.
, before
0'$1?20 la 4:;
the Laying, Construction,
, Permit
Maintenance,
Ltd .
~M~
to make use of certain Fort Bend County property subject
Regulating
olf
the
Court came on to be heard and reviewed the
notice ~
.Job Locatiou
Dated
--hbv~
COURT
No.
_
'ir;2 750
to, "A Revised Order
and Repair of Buried Cables,
Couduits and Pole Lines, Jn, Uuder, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort Bend County,
Commissioners
Texas, Under
the .Jurisdiction
of the
Court of Fort Bend County, Texas," as passed hy the Commissioners
Court of Fort Bend Couuty, Texas, dated the 3rd. day of Aueust, 1987, recorded in
Volume
of the Minutes of the Commissioners
Court of Fort Beud Couuty,
Texas, to the extent that such order is not inconsistent w~
ill~\\m
Texas Civil Statues. Upou Motion of Commissioner
hy Commissioner
A[).JUIlGED
(
:l-~\)\~J\
AND IlECREED
,
Article 1436a, Vernou's
,
duly put and carried, it is ORDERED,
that said notice of said ahove purpose
aclmowledged by the Commissioners
seconded
is herehy
Court of Fort Bend County, Texas, and that said
uotice he placed on record accordiug to the regulation order thereof.
Notes:
I.
Evidence of review by the Commissioners Court must be kept on the job site and
failure to do so coustitutes grouuds for joh shutdown.
2.
Written notices arc required:
a) 48 hours in advance of construction start up, and
h) When constructiou is completed and ready for fiual iuspectiou
Mail notices to:
3.
By
Fort Bend County Engineeriug
P.O. Box 1449
Rosenberg, Texas 77471-1449
281/342-3039
This permit expires one (I) year from date of permit if construction
llIenced.
~--------Drainage District Engiueer/Manager
Presented to Commissioners Court
and approved.
Recorded in Volume
_
Minutes of Commissioners Court.
Clerk
Revised 12/22/99
IlwrllA
T A\LETTERS\PERMIT\CCrl.A
REV
has not
COUNTY OF FORT BEND
Johnny Ortega
P.O. Box 1449
Rosenberg,
1124 BlumeRd.
Phone: (281)342-3039
TX 77471-1449
PERMIT APPLICATION REVIEW FORM FOR
CABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
PERMIT NO. __
082950
----"''-='-=-='--
_
The following "Notice of Proposed Cable, Conduit, and/or Pole Line activity in Fort Bend
County" and accompanying attachments have been reviewed and the notice conforms to
appropriate regulations set by Commissioners' Court of Fort Bend County, Texas.
___
.:.~_
__ L./_
(1) Complete Application Form.
__ L./=-_ a. Name of road, street, and/or drainage ditch affected.
__ L/__ b. Vicinity map showing course of direction.
-_,L./=--- c. Plans and specifications.
(2) Bond:
/
(3) Verbal permission given for emergencies, to start construction before
approved in Commissioners' Court.
Date
Precinct Engineer Acknowledgement
Precinct Commissioner Acknowledgement
Date
(4)
Drainage District Approval when applicable.
We have reviewed this project and agree it meets minimum requirements.
U--I-oLf
inistrator
I 'WPDA. T A\PROCEDIPERMIt'REVIEWFOR.'1
wpd
Date
PERFORMANCE BOND COVERING ALL CABLE. CONDUIT AND/OR POLE UNE
ACTIVITY IN, UNDER, ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHORIZED
BOND NO,~~~
_
08130645
THE STATE OF TEXAS
§
KNOW ALL MEN BY THESE FRESENTS:
COUNTY OF FORT BEND
§
Marshall Construction
190 T.C. Jester
THAT WE,
Canpany,Ltd.
whose address is Houston 77007
Texas, hereinafter callell the Principal, andFidelity & Deposit Canpany of Maryland, a Corporation
existing u1!'der and by virtue of the laws of the State of 'Maryland
and authorized to do an
indemnifying' business in ..the State of Texas, and whose principal office is located at
, whose officer residing in the State of Texas, authorized to acce",~rvice in all suits and actb9~&
brought within said State is
~n and whose addreSs is Roust~n~tT~sHo~~EZ~Pkwy ,
hereinafter called the Surety, and held and firmly bound unto, James C. Adolphus, County
Judge of Fort Bend County, Texas, or his successors in office, in the full sum of
Dollars ($ 5 ,(xx) ,00
) current, lawful money oUhe United States of America,to be paid to said
James C. Adolphus, County Judge of Fort Bend County, Texas, or his successors in office, to
which payment well and truly to be made and done, we, the undersigned, bind ourselves and
each of us, our heirs, executors, administrators, successol'll, assigns, and legal representatives,
jointly and severally, by these presents.
..
bfJ
THE CONDITION OF THIS BOND IS SUCH THAT, WHEREAS, the above bounden
principal contemplates laying, constructing, maintaining andlor repairing one or more cables,
conduits, andlor pole lines in, under, across andlor along roads, streets and highways in the
County of Fort Bend, and the State of Texas, under the jurisdiction oUhe Commissioners' Court
of Fort Bend County, Texas, pursuant to the Commissioners' Court order adopted on the.ll! day
of December, A.D, 1980, recorded in Volume 13, of the Commissioners' Court Minutes of Fort
Bend County, Texas, regulating same, which Commissioners' Court order is hereby referred to
and made a part hereof for all purposes as though fully set out herein;
-
-
AND WHEREAS, the principal desires to provide Fort Bend County with a performance
bond covering all such cable, conduit andlor pole line activity;
NOW, THEREFORE, if the abo.ve bounden principal shall faithfully perform all its cable,
conduit andlor pole line activity (including, but not limited to the laying, construction,
maintenance andlor repair of cables, conduits andlor pole lines) in, under, across andlor along
roads, streets and highways in the County of Fort Bend and State of Texas, under the
jurisdiction of the Commissioners Court of Fort Bend County, Texas, pursuant to and in
lIccordance with minimum requirements and conditions ofthe above mentioned Commissioners'
Court order set forth and specified to be by said principal done and performed, at tbe time and
in the manner therein specified, and shall pay over and malee good and reimburse Fort Bend
County, all loss and damllges which Fort Bend County may sustain by reason of any failure or
default on the part of said principal, then this obligation shall be null and void, otherwise to
remain in full force and effect.
This bond is payable at the County Courthouse in the County of Fort Bend and State of
Texas.
It is understood that at any time Fort Bend County deems itself insecure under this b6~!l','
it may require further and/or additional bonds of the principal.
EXECUTED this _5..;t,;"h
__
day October
of, 20 !l!!.-.
Marshall Construction canpariy;'Ltd.
PRINCIPAL
BY
Fidelity & Deposit Canpanyof Ma"yl'?l!cl"'_
SURETY
' .. '
-..Z/t (). I@41!V\--_.
BY Thanas o. McClellan
1:\Web PageWIO-web Documents and Images\Word Documents\EngineeringWERFBOND,POLdoc
CCM\',
\\-I\.oL\ ~ \6\\-
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\0'. ~\~Ji\
ALtome»:··iItFact
..
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
K?-IOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S
aryland, by
THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRA~, As's
t~
ursuance of authority
granted by Article VI, Section 2, of the By-Laws of said Companies, w·
(j'
n the
side hereof and are
hereby certified to be in full force and effect on the date her
rru
ppoint Fredrick L.
SIMMONS and Thomas 0, MCCLELLAN, b~
.a
lawful agent and Attomey-inFact, to make, execute, seal and deli~er
0 1
alf
. act and deed: any and all bonds and
undertakings,
EXCEPT b d
19
de
t
to s, Community Survivors and Community
Guardians. and th~~~.
b
s
. gs ~npursuance of these presents, shall be as binding upon said
Companies, as fullY~
purposes, as ,fthey had been duly executed and acknowledged by the
regularly elected Offlfg~~C
ny at its office in Baltimore, Md., in their own proper persons. This power of attorney
revokes that issued o\tj5d';;rit'ofFredrick L. SIMMONS, dated January 10, 2003.
0
The said Assistant Secretary does hereby certify that the extract set folth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 2nd day of August, A.D. 2004.
ATTEST:
By:
Gregory E. Murray Assistant Secretary
State of Maryland
City of Baltimore
Theodore G. Martinez
}ss:
On this 2nd day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers descrihed in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
f1'1 TESTIMONY
\vritten.
WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
Dennis R. Ha}'den
Notary Public
My Commission Expires: February I, 2005
POA-F 170-8
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board. or the President or any Executive Vice-President,
or any of the Senior
Vice-Presidents
or Vice-Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee.
shall have power. by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents,
Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require. or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances.
stipulations.
policies, contracts, agreements, deeds, and releases and assignments of judgements.
decrees, mortgages and instruments in
the narure of mortgages, ... and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
""Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President,
or any of the Senior
Vice-Presidents
or Vice-Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents,
Assistant Vice-Presidents
and Attorneys-in-Fact
as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances,
stipulations.
policies, contracts, agreements, deeds, and releases and assignments of judgements,
decrees, mortgages and instruments in
the nature ofmortgages, ...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Artorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Artorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
IO appoint any Attorney-in-Fact
as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Po",er of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the lOth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED:
reproduced
"That the facsimile or mechanically
signature of any Vice-President,
reproduced
Secretary, or Assistant
seal of the company
Secretary
and facsimile or mechanically
of the Company,
whether made heretofore
or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
5th
October
2C04
-"
..
PERMIT DEPARTMENT
CONSTRUCTION
OF DRIVEWAYS AND CULVERTS ON COUNTY EASEMENTS AND RIGHT OF WAYS
COMMERCIAL PIPE PERMIT APPLICA nON
P.O. BOX 1449 • 1124 BLUME ROAD
ROSENBERG, TX 77471
(Phone) 281-633-7502 or 7503' (Fax) 281-342-7366
Application No.
APPLICANT INFORMA nON
]5'::t- qso
(County Use Only)
Applicant Name
Marshall
Construction
Company, Ltd.
Applicant Mailing Address --=P..:
•..:O..:.--=B..:o=x:.....:..7=5=3=8
Houston
City
State -"'TX
.....
(Cell)
~Phone
_
281-830-8490
_
State
77270-7538
713-861-8163
Daytime Phone
Bend I.S.D.
16431 Lexington
Zip
Blvd.
TX.
Zip
77479
LOCA nON OF PROPERTY
Subdivision
Sec
Physical Address
16655 Bissonnet,
Houston,
TX.
___
Lot
___
Blk
77083
(ATTACH A SITE MAP)
SITE USE
Driveway Curb & Gutter Section
Driveway· Open Ditch Section
o
Culvert Only
o
DRIVEWAY REQUIREMENTS
Length
20' mjpimgm and $6' maximgm
(See· Fort Bend County Procedures to be followed
Available on web site www.co-fort:bend.tx.us
Number of drives ~
for Commercial
Driveway,
and Median Openings or Modifications)
By signing and submitting this permit application, I am stating that I am the owner a/this property and 1 am aware of and agree to abide by
the Forl Bend County Regulidions of SUbdivisWIU and I am aware oj Section 2, Item F in the Permits for the Construction of Driveways
&- Culverts on County EfJSemenh and Jljgltt of Ways in Fort Bend County, and is responsible to obtoin all other required permits
associated with the a/xn.>ementioned property. Driveway and Pipe Permits shall provide that construction pursuant to the permit will be
commenced within six mooths and be completed within nine months from the date of the permit and thatfees collectedfar said permits shall
not be refimdable or transferable. I further understand the penna fee of $150.00. in the form of CASH or PERSONAL CHECK or
COMPANY CHECK or a CASHIERS CHECK or MONEY ORDER payable to FOKI' BEND COUNTY, must be attached
•
The undersigned applicant, agent or attorney hereby certifies to Commissioners' Court to be strictly bound to Commissioners' Court to
construct the c:riveway and/or culvert in strict conformity with the plans. specifications, terms, provisions and conditions of the permit and
0'9' other written material incorporated by reference in this application.
•
Other permits may be requiredfor development. Please contact the Fort Bend County Road & Bridge Departmentfor pipe sizing
Fort Bend County Health Department for information on On-Site Sewage Facility permits prior to planning construction.
•
Failure to possess or obtain required pennits will result in legal action against the property owner as allowed by law.
Ck.-fob
Date
Marshall
rev. 06/22/2004
C»'
the
527
•t
:
::
•
:
~.
~8
I
~ITT5
.....
A~~K
'--:~
.....1 11W'
"
~sr ....
~
...
.....
........
"'T
II
".
"-
-- -16655 Bissonnet
....nllef"'n
TDV!lIC!77nA~
~J'11M
~
NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITY
IN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES
IN FORT BEND COUNTY
APPLICANrs
PERMIT No.
JOB NO.
~
_......::0..:..4-....:1:..:8=---_--:
__
'\lSb
PCT. No.--,-<>L.-_
08130645
BOND No.
Formal notice is hereby given that
Marshall
Construction
Company, Ltd.
proposes to lay, construct, maintain and/or repair cable, conduit and/or pole line, in, Ulder, across, or
along roads, streets, highways and drainage ditches in Fort Bend County, as follows:
In, Under, or Across Roads and/or Drainage Ditches
Road or
Ditch Name
Bissonnet
Bissonnet
Distance & Direction From
Nearest Intersection
1500' East of
FM 1464
1580' East
FM 1464
Length of
Crossing
Type of Construction
Bored: Jacked: Driven: Case
89'
X
89'
X
of
Along Roads and/or Drainage Ditches
Road or
Ditch Name
To
: Distance
General Description
Boring
service
of
4" Domestic
New Fort
Water
Line
and
Bend Elementary
8" Fire
School
No.
Line
across
Bissonnet
to
38.
The Location and description of the proposed installation and appurtenances is more fully shown on the
attached detail drawings. The laying, construction, maintenance and/or repair of the proposed installation
shall be SUbjectto "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of
Cables, Conduits, and/or Pole Lines, In, Under, Across, or Along Roads, Streets, Highways and Drainage
Ditches in Fort Bend County, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend
County, Texas," as passed by Commissioners Court of Fort Bend County, Texas, dated the 3rd. day of
August, 1987, recorded in Volume 639 of the Minutes of the Commissioners Court of Fort Bend County,
Texas.
Written notices are requred: 1) 48 hours in advance of start of construction and 2) when construction is
complete and ready for final inspection.
Mail to:
Permil Administrator/Fort Bend County Engineering
P.O. Box 1449, Rosenberg, TX 77471.
Violation of requirements shall constitute grounds for job shut down.
COMPANY NAME: Marshall
e
rh-e.,
Construction
/kv) ~G~r
~
Company,
Ltd.
OWNER
(Signature)
NAME & TITLE:
DATE:
John
P. Marshall,
(Please Print)
General
Partner
10/27/04
ADDRESS:
P.O.
Houston
City
TELEPHONE NO:
Box 7538
(StreetlP. O. Box)
IX.
State
77270
7538
Zip
281-830-8490
_--:::::..:.....:::::.::.....:=-=(accessible 24 hrs/day, 7 dayslweek)
I:\Web Page\Pre-web Documents and Images\Word Documents\Engineering\NOTICE.ROW.doc
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~""I
If:!'t",n
TDV!3~
77nR-:t.
!iAM'IM
On this ~
day of
Fort Bend Connty
accompanying
Commissioners
notice of
,/f)--;r
, before
the
(b~.1)
~fl~Ji()V1
~.
I
TJJC .
'
1, Permit
\-(:>4 Bond No.
to make use of certain Fort Beud County property subject
Regulating
0 c[
,20
(b t'l-fQ..vl.
Job Location
Dated
~rWe-wl6lj
COURT
Maintenance,
No.
$;t q?> 1
Conduits and Pole Lines, In, Under, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort Bend Connty,
Commissioners
Texas, Under
Court of Fort Bend County, Texas,"
the .Jurisdiction
of the
as passed by the Commissioners
Conrt of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recorded in
Volnme
Court of Fort Bend Connty,
Texas, to the extent that such order is not inconsistent w'
Texas Civil Statues. U~~
ADJUDGED
Motion of Commissioner
\.....,};;A:\l~ l\.~'v\.~ ,
by Commissioner
Article 1436a, Vernon's
AND DECREED
),
seconded
duly put and carried, it is ORDERED,
that said notice of said above purpose
is hereby
aclmowledged by the Commissioners Court of Fort Bend Connty, Texas, and that said
notice be placed on record according to the regulation order thereof.
Notes:
1.
failure to do so constitutes grounds for job shutdown.
2.
Written notices are required:
a) 48 hours in advance of constmction start up, and
b) When construction is completed and ready for final inspection
Mail notices to:
P.O. Box 1449
2811342-3039
3.
This permit expires one (1) year from date of permit if constructioll
c menced.
By
_
has not
P"esented to Commissioners Court
and approved.
Recorded in Volume
_
Drainage District Engineer/Manager
Clerk
0
By ::----lA~UAIJ.fJ!I.LLMt~
Deputy
Revised 12/22/99
I,\WI'DA T /l1J.I\TTI\RS\PERMIDCCPI.A
REV
COUNTY OF FORT BEND
Johnny Ortega
P.O. Box 1449
1124 Blume Rd.
Phone: (281)342-3039
IN FORT BEND COUNTY
082937
PERMIT NO.
_
The following "Notice of Proposed Cable, Conduit, andlor Pole Line activity in Fort Bend
/
___
-a. Name of road, street, andlor drainage ditch affected.
_~,~L__
b. Vicinity map showing course of direction.
__ .../~_ c. Plans and specifications.
/'-
(2) Bond:
District Attorney, approval when applicable.
Perpetual bond currently posted.
No.
_
Amount
_
Performance bond submitted.
No.
C. C
Amount
2<61/· ()Q
Cashier's Check.
No.
_
Amount
_
____
/
____
/7;
____
Date
Date
(4)
We have reviewed this project and agree it meets minimum reqUirem~
dministrator
I \WPOA TAI.P\tOCED'PERMrrREVTEVlFOR..'1
wpd
Date
PERFORMANCE
BOND COVER[NG ALL CABLE, CONDUIT AND/OR POLE LINE
ACT[VITY [N, UNDER, ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHOR[ZED
BOND NO
THE STATE OF TEXAS
§
COUNTY
§
61BCBCK1567
OF FORT BEND
THAT WE, B & D Construction
COw~os~~~aressisP.O. Box 715, SPnonton TX 17476
Texas, hereinafter called the Principal, and Hartford Fire IpsyJ"aoce
~Ct)rporation
existing under and by virtue of the laws of the State of Connectl.call autJ'o9IPRfJR)Ydo an
indemnifying
business
in the State of Texas. and whose principal
office is located at Hartford CT
• whose officer residing in the State ~
authorized to accept service in all suits and actions
brought within said State is Doug ounanaa-~hose
address is P,O.
Box 461),
Houston TX 77210-4611
hereinafter called the Surety, and held and firmly bound unto, James C. Adolphus, County
Judge of Fort Bend County,
Texas, or his successors
in office, in the full sum of
Dollars ($ 17,284.
OGcurrent. lawful money ofthe United States of America, to be paid to said
James C. Adolphus. County Judge of Fort Bend County, Texas, or his successors in office, to
each of us. our heirs. executors. administrators,
successors, assigns, and legal representatives,
jointly and severally. by these pre sents.
Texlli
THE COND[T10N
OF THIS BOND [S SUCH THAT, WHEREAS, the abovebounden
principal contemplates
laying. constructing.
maintaining and/or repairing one or more cables,
conduits, and/or pole lines in, under, across and/or along roads, streets and highways in the
County of Fort Bend, and the State of Texas. under the jurisdiction of the Commissioners'
Court
of Fort Bend County, Texas. pursuant to the Commissioners'
Court order adopted on the 1st day
of December, A.D. 1980, recorded in Volume 13, of the Commissioners'
Court Minutes of Fort
Bend County, Texas, regulating same, which Commissioners'
Court order is hereby referred to
AND WHEREAS. the principal desires to provide Fort Bend County with a performance
bond covering all such cable. conduit and/or pole line activity;
NOW, THEREFORE,
if the above bounden principal shall faithfully perform all its cable,
conduit and/or pole Jine activity (including,
but not limited to the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines) in. under, across and/or along
jurisdiction
of the Commissioners
Court of Fort Bend County, Texas, pursuant
to and in
accordance with minimum requirements
and conditions of the above mentioned Commissioners'
Court order set forth and specified to be by said principal done and performed, at the time and
in the manner therein specified, and shall pay over and make good and reimburse Fort Bend
County, all loss and damages which Fort Bend County may sustain by reason of any failure or
This bond is payable
at the County
Courthouse
in the County of Fort Bend and State of
Texas.
It is understood
it may require further
EXECUTED
that at any time Fort Bend County deems itself insecure
and/or additional bonds of the principal.
this 15th
day Octobe~f, 20 04 ,
B
& D Construction
PR[NC[PAL
./~~;\\r:;\~:~~"i~;
,,'
,
_
"
CC-l'<"
~~
\\
t'f\
~
"BY
\I:\W~.Q Ptgppre~~bD~cumcnts
- "'\-V\
~
'?
\b', ~·Nc-'i.A
BY
+'
' '..
'
SUR~
Fire
...
Robert
"
Co.,
Insurance
Inc.
0]
M. Overbey,
and Images\Wotd Documents\Enginccring\PERFBOND.POl.doc
." "
II
{/,.D. /k-ItL~
Hartford
:-t
~
under this bond,
Company
Jr.,
Attorney
in
Fact
Direct Inquiries/Claims
:~~£f~1~~
POWER OF ATTORNEY
HARTFORD,CONNECTICUT06115
or fax:
call: 888-266-3488
KNOW ALL PERSONS BY THESE PRESENTS THAT:
CK:J
CK:J
o
o
o
o
o
o
to:
860-757-5835
Agency Code: 61-613992
Hartford Fire Insurance Company, a corporation duly organizedunderthe laws of the Stateof Connecticut
Hartford Casualty Insurance Company, a corporation duly organizedunderthe laws of the Stateof Indiana
Hartford Accident and Indemnity Company, a corporationduly organizedunderthe laws ofthe Stateof Connecticut
Hartford Underwriters
Insurance Company, a corporationduly organizedunderthe laws of the Stateof Connecticut
Twin City Fire Insurance Company, a corporation duly organizedunderthe laws of the Stateof Indiana
Hartford Insurance Company of Illinois, a corporationduly organizedunderthe laws of the Stateof Illinois
Hartford Insurance Company of the Midwest, a corporationduly organizedunderthe laws of the Stateof Indiana
Hartford Insurance Company of the Southeast, a corporationduly organizedunderthe laws of the Stateof Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Robelt M. Overbey, Jr., Carel E. Hock, Molly Reagan Salazar
of
Houston, TX
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 18], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55.
Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and. that he signed
his name thereto by like authority.
Scott E. Paseka
CERTIFICATE
Notary Public
My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of
!J ~ ku. I r "2-oc!) y
Signed and sealed at the City of Hartford.
J
~(u~p"---·_·
( , U
Gary W. Stumper, Assistant Vice President
POA 2004
.THEfI:.
HARTFORD
Claims Inquiries Notice
Hartford
Hartford
Hartford
Hartford
Fire Insurance Company
Casualty Insurance Company
Accident and Indernni ty Company
Underwriters Insurance Company
Twin City Insurance Company
Hartford Insurance Company of lllinois
Hartford Insurance Company of the Midwest
Hartford Insurance Company ofthe Southwest
Please address inquiries regarding Claims for all surety and fidelity products issued by The
Hartford's underwriting companies to the following:
Phone Number:
Fax-Claims
E-mail
888-266-3488
860-757-5835 or 860-547-8265
claims@lstepsurety.com
Mailing Address
The Hartford
BOND, T-4
690 Asylum Avenue
Hartford, CT 06115
Claims Inquil"ies Notice 2003
NOTICE OF PROPOSED CABLE, CONDUIT ANDIOR POLE LINE ACTIVITY
IN FORT BEND COUNTY
APPLICANT'S JOB NO.
PERMIT No.
BOND No.
3'1'l(
PCT. No.__ Ll-l-=_
2004 -
?'l?? /S(,/'t '~1
1.)
E {l.A~t-l SEt:r!00
(0)
~~
Formal notice is hereby gl.enthat
ai b
~~5"Mc§ltlN
ORIGINAl
C(;! ;JtJ0.
proposes to lay. construct, maintain andlor repair cable. conduit andlor pole IIn8, In, mder. across, or
along roads. streets, highways and drainage ditches in Fort Bend County, as follows:
In, Under. or Across Roads andlor Drainage Ditches
Road or
Ditch Name
:
:
a>
CD
r
l,r rpA<:~~Rb
4-5'
:~
®
~
Jacked:
Driven:
Case
Ditches
To
: Distance
fine:. Ell!>, (Lli!-J:
Ar JPACEK~ SO<JTf.!SIte.' B\r-r(~~E.):
-rt.TAL- VALiJ~ of Au.. ~ow¥edE. 4JO/<'.\<. IS
o:> ·1~~WItrt:tU.INf
®
N,:t11l
Bored:
:x
ep..YA~ ~t>
BiYM Ro
:
4-5'
Along Roads and/or Drainage
Road or
Ditch Name
Length of
Crossing
tj()O;
z,oOD'
169; 137.00
Gene",1 Descnptlon
16" WAI£P..LIj.je; IIJ wAn tI»E e/ltf(;J.lE}fl -"x,"'Tf{ f/llE of /dt.YAJ p1;.
18" SAIJI1Af.iY{;l;Jf:R../~ SAIJIT{l.fl( Ilff})f;;.Ii1Uf:M.€..rr -.!tJorR SlOE. of B~'f4u
'DF'ffllW o~ SII€1:'Tt IIf 12. o~ il~
RosOAIJ4l fEc..l W~t> P(..~.s
he Localion and description of the proposed installation and appurtenances is more fully shown on the
attached
shall be
Cables,
Ditches
County,
August,
Texas.
detail drawings. The laying, construction, maintenance andlor repair of the proposed installation
subject to MA Revised Order Regulating the Laying, Construetlon. Maintenance and/or Repair of
Conduits, and/or Pole lines. In, Under, Across. or Along Roads. Streets, Highways and Drainage
in fort Bend County, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend
Texas: as passed by Commissioners Court of Fort Bend CQunty, Texas, dated the 3rd. day of
1987. recorded in Volume 639 of the Minutes of the Commissioners Court of Fort Bend County,
Written notices are required: 1) 48 hours in advance of start of construction and 2) when construction is
Mail to:
Pennit Admlnlstr21orIFort Bend County Engineering
Violation of requirements
shall constitute grounds for job shut down.
COMPANY NAME,
£b
ll:> :z::pc...
~Sil./)C['J().j
"""~OWNER
(Slgnawlll)
tEliQ ..
NAME &TITLE:
ORIGINAL
Rt'F'/cs
(i,E,J /-It; R..
(Please Prlnt)
DATE,
ADDRESS:
lol!J;/~
P. D.
BD)(
7/5
(StreetlP.O. Box)
1Y..
City
774-76
State
2k/-3f6-IDO~
Zip
(l.b.
\s;)
q
On this
day of
Fort Bend County
accompanying
bv
_NDV4-l
oc/
,20
, before
the
CiEommiss.oners Court came on to be ~eard and reviewed the
~o)'<Oflrl;tIA.CfiDV\
notice of
Job Location
6-a-~h",
fa 31d1~ q
C1MP~,--_
oJ
Dated 10" () ('01(
Bond No.
to mal<e use of certain Fort Bend County property
Regulating
COURT
, Permit
subject
Maintenance,
No.
"b",;l Cj 3~
and Repair of Iluried Cables,
Drainage
Commissioners
Texas, Under
the .Jurisdiction
of the
Court of Fort Bend Couuty, Texas, dated the 3rd. day of Aueust, 1987, recorded in
Volume
Court of Fort Bend Conuty,
Texas, to the extent that such order is not inconsistent with Article 1436a, Vernon's
~te",\...e.s"> , secouded
Texas Civil Statnes. Upou Motion of Commissioner
5-\-}s\:l\'~~ , duly
hy Commissioner
AD.JUDGEn
ANI> UECREED
put and carried, it is ORDERED,
is hereby
acknowledged by the Commissioners Court of Fort Bend County, Texas, and that said
notice be placed on record according to the regnlation order thereof.
Notes:
1.
Evidence of review by tIle Commissioners Conrt mnst be kept on the joh site and
2.
a) 48 hours in advance of construction stal·t up, and
b) When construction is completed and ready for final iuspection
Mail notices to:
3.
By
Flirt Bend County Engineering
P.O. Box 1449
2811342-3039
This permit expires one (l) year from date of permit if construction
4'''d~
0III1tY,
J4V
glneer
By
_
has uot
and approved.
Recorded in Volume
_
Clerk ""..'rlIn'mmissioners Court
Revised 12122/99
j\WrnA
T A\lJlTTERS\PERMIT\CCPI
A RI1V
COUNTY OF FORT BEND
Engineering
Department
Johnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
PERMIT
NO.
082938
_
___
___
~/_
/,_
__ ~/__ a. Name of road, street, and/or drainage ditch affected.
__ ,,/,--_ b. Vicinity map showing course of direction.
__ ,,,,/,--_ c. Plans and specifications.
(2) Bond:
No.
_
./' Amount
_
____
~
No.
(p3Q./2-Q
Amount ~.:l'b'if..,(r;ol/.50
Cashier's Check.
No.
_
Amount
_
____
(3) Verbal permission given for emergencies, to start construction
Precinct Commissioner
Acknowledgement
before
Date
Date
(4)
\
-lP\.J'\Date)}-{
I '.WPDA T A\PROCEDIPER. ....lTJtEVIEWFOR.\.{
wpd
PERFORMANCE BOND COVERING ALL CABLE. CONDUIT ANnlOR POLl<: LlNI~
ACTIVITY IN. UNDER. ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHORIZED
BOND NO
6312129
§
TilE STATE OF TEXAS
COUNTY OF FORT BEND
§
THAT WE,
HURTADO
CONSTRUCTION
COMPANY
whose address
is 2115 Center St., Richmond, TX 77469
, Texas, hereinafter called the J'rincipal,
and QFRllaEWttil:°NALINSURANCECOMPANY,
a Corporation existing under and by virtue of tbe laws
of tbe State of WASHINGT~d authorg~l.o
do an indemniking business in the State of Texas, and
whose principal office is located at ~li:M'rBG~bfizA~Br~%T E,
,whose officer residing
in~l~ State of Texas, authorized m l:\I;Emt,"W'deF:!~nC'~~~'l~~am\.l!~tions brought within said State
isda~sco<1U1d whose address is WlbtJ, Richardson,
TX 750B3
; hereinafter called the Surety,
and held and firmly bound unto, Robert E. Hebert"founlY. .Judfe of Fort Bend County, Texas, or
his successors in office, in the full sum otirn8RHllliB''5'8/fOtl!!'!::!:::_!~!!:L'!::!!Clffi',tfNh
($I~BIf?~8~~~0)
current, lawful money of the United States of America, to he paid to said Ilobert Eo Hebert, County
.Iudge of Fort Rend County, Texas, or his successors in office, to which payment well and truly to
he made and done, we, the undersigned, hind ourselves and each of us, our heirs, executors,
administrators, successors, assigns, and legal representatives, jointly and severally, by these presents.
THE CONI>JTlON OF THIS HOND JS SUCH THAT, WHEREAS, the ahove bouuden
principal contemplates laying, constructing, maintaining andlor repairing one or more cahles,
conduits, andlor pole lines in, under, across andlor along roads, streets and highways in the County
of Fort Bend, and the State of Texas, under the jurisdiction of the Commissioners' Court of Fort
Bend County, Texas, pursuant to the Commissioners' Court order adopted on the 1st ,Ia)' of
neeember, A.n. 1980, recorded in Volume 13, of the Commissioners' Court Minutes of Fort Beud
County, Texas, regulating same, which Commissioners' Court order is hereby referred to and made
a part hereof for all purposes as though fully set out herein;
hond covering all such eahle, conduit andlor pole line activity;
NOW, THEREFORE, if the above bounden principal shall faithfully perform all its eahle,
conduit andlor pole line activity (including, but not limited to the laying, construction, maintenance
andlor repair of cables, conduits andlor pole lines) in, nnder, across andlor along roads, streets and
highways in the County of Fort Bend and State of Texas, nnder the jurisdiction of the
Commissioners Court of Fort Bend County, Texas, pursuant to and in accordance with minimum
requirements and conditions of the above mentioned Commissioners' Court order set forth aud
specified to he by said principal done and performed, at the time allll in the manner therein
specified, and shall pay over and make good and reimhurse Fortllend County, all loss and damages
which Fort Bend County may sustain by reason of any failure or default on the part of said
principal, then this obligation shall be null and void, othenvise to remain in full fO"ee aud effect.
This bond is payable at the County Courthouse
Texas.
It is understood that at any time Fort Hend County deems itself insecure under this bond, it
may require further andlor additional bonds of the principal.
EXECUTED
this
20th
day of
October,
20 ~'
HURTADO
CONSTRUCTION
COMPANY
PRINCIPAL
-
_1iJ'.a¢ ~~(
BY
HOUSTOUN, WOODARD. EASON, GENTLE,
TOMFORDE, AND ANDERSON, INC.
dba Insurance Alliance
1776 Yorktown, Suite 200
Houston, Texas 77056-4114
TOI License #1381 FEIN #760362043
t. 4--
FIRST NATIONALINSURANCECO~~N:l.¥.
..()F AMERICA
.
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,.:~ l-·"·'
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.
..
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I: \WPDATlI\PROCBO\PBRHIT\PERFaOtID.
~VU\
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.
.",,'.'
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America. General Insurance Company of America. First National Insurance Company of America. American
States Insurance Company or American Economy Insurance Company). it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to ·surety insurance". This means that under certain circum.
stances we may be eligible for reimbursement of certain surety bond losses by the United States government
under a formula established by this Act.
Under this formula. the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 biilion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond. the underlying agreement
guaranteed by this bond. any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
5-62483/03
F£j
5 A FEe
O·
POW".:;:
FfRS; N":"TICNA ... INSURANCE COMPANY OF AMERI::';
?C sox 34525
S~i'TL=. WA98~24·1S26
OF ATTORNEY
FIRST NATIONAL SURETY
PO SOX ,.;26
SeATTLE. WA 9812"·1;26
No.
919;
KNOW ALL 6Y THESE PRESENTS;
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. does nereby appoint
........ DONALD E. WOODARD. JR.: HARLAN 1. 3ERGER: .~"DRE\V J. lA..'iDA; SUE ;":OHLER: C. W. ADAMS; CHERYL R. COLSON; C'rN1"HIA A. HARTIS; SHARON
CAV.:..,."'lAUGH: J..E~~""O 1... R.AUCH; MICHAEL COLE.; JO ANN ?AR.KE?.: Houston. i'e:tu· ..••••••••• ..•••••• ..•••• ..••••••
•••• ..• •••• ..•..•••
..
its true and lawful attomey(s)-in-fact,
with full authority to exec:.J!eon behalf of the ::::::~pany fidelity and surety bonds or undertakings and olher documents of a
similar character issuer:. oy the comcany in the course of its ousines5, am: to cine FiRST NATIONAL INSUAANCE COMPANY OF AMERICA thereoy as fUlly as
if sue!'1instruments hac been culy executed ':Jyits regularly ejected officers at its heme office.
IN WITNESS WHEREOF, FIRST NATIONAL INSUAANCe COMPANY OF AMERICA Mas executed and attested these presents
this
26th
,
CHRISTINE MEAD, SECRETARY
200j
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
E::ctractfrom the By-Laws of FIRST NATIONAL INSURANCE COMPANY O~ AMERICA.:
-Article V, Section 13.· FIDELITY AND SURETY aONDS .., the President, any Vice President, the Secretary, and any Assistant Vice ?resident appointed for that
CUl"pose by me officer in charge of surety operations, shaH each have authority to a:ooinl indiviouals as attomeys-in-fact or under other appropriate titles witn
authority to execute on behalf of the company ndeJity and surety bonCis anc other CCCl.:mentsoj similar character issued by the company in the course of its
business •.. On any instrument making or evidencing such appointment, the signatures ;nay be affixed by facsimile. On any instrument conferring such authOrity or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be irr:pressed or affixed or in any other manner reproduced: provided. however.
that the seat shall not be necessary to the validity of any suc."Iinstrument cc undecta.kiro;."
Extract from a Resolution of th; 30ard of Dire::tors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
~On any certifrcate executed by the Secretary or an assistant secretary 0/ !;"ie Compar.y setting out,
(i) The provisions of Article V, Section 13 of the ay~laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(Hi) Certifying that said power-of-attomey appointment is in futl force and effe~:>
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.I, Christine Mead, Secretary of FIRS7 NATIONAL INSURANCE COMPANY OF AMERICA. do here~y certify mat the foregoing extracts of the By-Laws and of a
Resolution of the Board of Directors of this corporation. and of a ,:::lowerof Attomey issued pursuant thereto, are true and correct. and that both the Sy-Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WrTNESS WHEREOF,
J
have hereunto set my hand and affixed the facsimile seal oi said corporation
this
20th
day ot
October
_-'---=-==-='-
_
2004
CHRISTINE MEAD, SECRE7ARY
@A "!!;ISler!!:: :,ade~a()(
~~ S~:==.':O C.::~o ..a::.::n
Q9,:2:3:2:03
=-:;=
PERMIT DEPARTMENT
CONSTRUCTION
OF DRIVEWAYS
AND CULVERTS
ON COUNTY EASEMENTS
AND RIGHT OF WA YS
COMMERCIAL PIPE PERMIT APPLICA nON
ROSENBERG, TX 77471
(Phone) 281-633-7502 or 7503 • (Fax) 281-342-7366
APPLICANT
Application No.
INFORMATION
if;;? 73 5?
(County Use Only)
Applicant Name
l-l1..l!'-1'leI'il'"
Applicant Mailing Address
c. '1'0' l). ST.
J-115"
']l..,'l;.\.\-M""''il
City
6£'
Home Phone
t..~'9!,)
e.",.~'rI"4."
_,=1<..:>....
State
Zip
141 S"7?
77'-1(.5'
6"117
1 /1 111 5£13"1
J1 'i\
City
LOCA nON
Subdivision
OF PROPERTY
4\(,05'1'
Physical Address
(ATTACH.\
~\IM."''''''''
L~
F ...'- C \:i if-'1l... -
f<.-AS
Sec
c: '" .. ~~
---
Lot
Blk
'l..~.
SITE MAPI
SITE USE
o
o
Culvert Only
DRIVEWAY
Length
REQUIREMENTS
20' minimum and 36' mlUUnum
Number of dnves
(See - Fort Bend County Procedures to be followed for Commercial Driveway. and Median Openings or Modifications)
Available on web site w",w.co~rort-hcntl.tx.us
•
By .\"igning and .\"ubmilling this permit applicD/ioll. I am .\"wling 'hat I am rhe oWl/a o/t/lis properry and I am aware (~fand agree to abide by
tile Fon Bend County Regultllions of Subdivisions and I am aware of Sectioll 2, Item F in tile Permits for the Construction of Driveways
&: Culverts on County Easements and Right of Ways in Fort Bend County, and is responsible to obtain all other requind permits
associated with the above mentioned property, Driveway and Pipe Permit.\, shall provide tllat mnstruction pur.~uant to the pennit will be
('ol/t/ltenn'd widtin .~ixfl1(mdt..~
and be colltpltced willtin nit«' trwnchs from tite dlUe of !/ll permit and tllQ.l fees colleCkdfor
.~aidpermits ,~hall
not be reJimdable or traJl.~Ierable. I further underwand the permit fee of $150.00, in the fonn of CASH or PERSONAL CHECK or
COMPANY CHECK ora CASHIERS CHECK or MONEY ORDER payable to FORT BEND COUNTY. must be attached.
•
The lmdersiglled app{i('(lllt. agmt or attorney hereby certi{le.\" to C(Jmmi.l".\·ioner~·Court to be strictly bound to Commi.uioner.~' Court to
construct tlte driveway and/or cuLvert in strtct cmtj(lrtltity wilh lhe plaIts, spec(tkatimIS, terms. provi.~tOt1Sand nmdittom (!{ the permit and
any other written material im'orporated by refereflt't' ill tlli.\"application.
•
Orlia permit.1 may be requlred/tJr del·elopmeflt. Plea.\'e cofltact the Fort Bend County Road & Bridge Department/or pipt! .I·i:.ingor tlte
Fort Bend County Health Departlllelllfor Inimnmion WI On-Sile Sewage Faf'ility permits prior to planning ("on.Hruf·tio!l.
•
FaUon
to possess or obtain required permits wW result in legal action ap.inst tile property
OWDeI'as aDoweei by law.
Printed Name
I:\WPDA T ....\Re!,'Ulations~liminar)'\E."GRcomm:n::I
..Jplpeperrrul(l6.4_~
I ,doc
19
.... 06I22IZ0lW
IN FORT BEND COUNTY
-=-
APPLICANT'S JOB NO.
~q3 'b
b~ J:). l).'f
PERMIT No.
BONO No.
PCT. No.
~;--3
Formal notice is hereby given that __ :-:-__
-:---:,.-;- __
-;-:::----:-;----:--;-~_:_:_=_::;_:_=_:==_=_
proposes to lay, construct, maintain and/or repair cable, conduit and/or pole line, in, under, across,
or along roads, streets, highways and drainage ditches in Fort Bend County, as follows:
Distance & Direction From :
Road or
Ditch Name
Length of
Crossing
Bored: Jacked: Driven:
Cased
l!vl.r ...,.-..Go ",. ~ "" a.l
1.p. :
Road or
Ditch Name
\'-1. ~~ ",c,oo,~ c "i" ~"'N 1\f,
: To
Distance
3 ~_.
I
General Description
f"'''n ...~),
1,'1
7
'X. (.
Sillll\S:>-'
~\NIS
\o"NID
,.
The Location and description of the proposed installation and appurtenances is more fUlly shown on
the attached detail drawings. The laying, construction, maintenance and/or repair of the proposed
installation shall be subject to "A Revised Order Regulating the Laying, Construction, Maintenance
and/or Repair of Cables, Conduits, and/or Pole Lines, In, Under, Across, or Along Roads, Streets,
Highways and Drainage Ditches in Fort Bend County, Texas, Under the Jurisdiction
of the
Commissioners Court of Fort Bend County, Texas," as passed by Commissioners Court of Fort Bend
County, Texas, dated the 3rd. day of August, 1987, recorded in Volume 639 of the Minutes of the
Commissioners Court of Fort Bend County, Texas.
Mail to:
1) 48 hours in advance of start of construction and
2) when construction is complete and ready for final inspection.
Permit Administrator/Fort
Bend County Engineering
shall constitute
grounds for job shut down.
IA!S!I.:"lN\)C>
r ~5n...uC.TlQ~
AGENT and/or OWNER
COMPANY NAME:
~
C ....
~~e)
NAME & TITLE:
'l!6.W<\:"" IN
t. \fb1sw/l1.-/
'" M
(Please Print)
DATE: __
L=..~~~:!:.-
jl..,\ \ ..
_
c.c. NT--""- , T,
(Street/P.O. Box)
City
TELEPHONE NO:
I:\WPDAT AWROCED\PERMrnNOTICEROW,wpd
State
t
Zip
'-..'6 l 'g' 6;l
1()
(accessible 24 hrs/day, 7 days/week)
q•
On this
Novoob.tJt
dayof
Fort Bend County
Comm~ioners
,20
01(
, before the
Court came on to be )~ear(~d
Job Location
:t \j S tJ-{"
FvV\ 'ROllA
DatedJD"q'-()'\
Bond No.
accompanying
COURT
t;~~oY\/
notice of
\
5jSC,.;2.
L£:,.;,-"c~. _
noC\
to make nse of certain Fort Bend Connty property snbject
Regulating the Laying, Constrnction,
reviewed the
Maintenance,
to, "A Revised Ordcr
Conduits and Pole Lincs, In, Undcr, Across or Along Roads, Sh'cets, Highways and
Drainage
Commissioners
Texas, Under
the .Jnrisdiction
of the
Court of Fort Bend Connty, Texas, dated the 3rd. day of August, 1987, recorded in
Volume
of tbe Minutes of the Commissioners
Court of Fort Bend County,
Texas, to the extent that such ordcr is not inconsistent with A,·tide 1436a, Vcrnon's
Texas Civil Statucs. Upon Motion of Commissioner
\,~~\I\O'n~
by Commissioner
ADJUDGED
AND DECREED
,dnly
~,seconded
put and carried, it is ORDERI~D,
is herehy
acknowledged by the Commissioners Court of Fort nend County, Texas, and that said
Notes:
I.
Evidence of review hy the Commissioners Conrt mnst he kept on the job site and
failure to do so constitntes grounds for job shutdown.
2.
b) When construction is completed and ready for linal inspcction
Mail notices to:
3.
Fort nend County Engineering
P.O. Box 1449
281/342-3039
This permit expires one (1) year from date of permit if constrnction
~=~
;J//nIlJItY igineer
By
=-~--=-.4-----=
_
and approved.
Recorded in Volnme
_
Minntes of Commissioners Conrt.
Clerk
By =--"""'=Ib1b';.,I.g.+
Deputy
neviscd
12/22199
nWPOATA\tETHRSIJ>ERMI1\CCPI.A
REV
has not
COUNTY OF FORT BEND
Engineering
Department
Johnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
082939
_
___ ,;</_
~
a. Name of road, street, and/or drainage ditch affected.
__ ,1-/__ b. Vicinity map showing course of direction.
,/
c. Plans and specifications.
Z
--""7''---
__
-,,/:........-_(2) Bond:
____
No.
_
Amount
_
/
__ ...~_
No. 5~(",;). ["10'\
Amount
tJ ,5. Do 0 .
•
____
Cashier's Check.
No.
_
Amount
_
Acknowledgement
before
Date
Date
(4)
iewed this project and agree it meets minimum reqUirem~~
inistrator
I\WPOA T A\PIf,OCED'PEllMIT'·.REVI£WFORM
wpd
l¢-\~bLf
Date
PERFORMANCE BOND COVERING ALL CABLE, CONDUIT AND/OR POLE LINE
AUTHORIZED
BOND NO 58621709
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
THAT WE, Big State Excavation, Inc.
whose address is 15531 Kuykendahl, Suite 280,
Houston, Texas, hereinafter called the Principal, and Western Surety Company, a Corporation
existing under and by virtue of the laws of the State of South Dakota and authorized to do an
indemnifying business in the State of Texas, and whose principal office is located at
, whose officer residing in the State of Texas, authorized to accept service in all suits and actions
brought within said State is Steven E. White and whose address is 3 Riverway, Suite 1000,
, hereinafter called the Surety, and held and firmly bound unto,
Robert E. Hebert, County Judge of Fort Bend County, Texas, or his successors in office, in the
full sum of FIVE Thousand and 00/100 Dollars ($5,000.00) current, lawful money of the United
States of America, to be paid to said Robert E. Hebert, County Judge of Fort Bend County,
Texas, or his successors in office, to which payment well and truly to be made and done, we, the
undcrsigned, bind ourselves and each of us, our heirs, executors, administrators, successors,
assigns, and legal representatives, jointly and severally, by these presents.
principal contemplates laying, constructing, maintaining and/or repairing one or more cables,
County of Fort Bend, and the State of Texas, under the jurisdiction of the Commissioners' Court
of Fort Bend County, Texas, pursuant to the Commissioners' Court order adopted on the 1st day
of December, A.D. 1980, recorded in Volume 13, of the Commissioners' Court Minutes of Fort
bond covering all such cable, conduit and/or pole line activity;
NOW, THEREFORE, if the above bounden principal shall faithfully perform all its cable,
conduit and/or pole line activity (including, but not limited to the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines) in, under, across and/or along
jurisdiction of the Commissioners Court of Fort Bend County, Texas, pursuant to and in
accordance with minimum requirements and conditions of the above mentioned Commissioners'
This bond is payable at the County Courthouse in the County of Fort Bend and State of
Texas.
It is understood that at any time Fort Bend County deems itself insecure under this bond,
EXECUTED this 20th day of
October
,20 04.
1¥mW~=Z'{f();;:)/
BY
Steven E. White, Attorney-In-Fact
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,
That WESTERN
SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota. and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Philip Baker, Edward Arens, Ray Garcia Jr, Steven E White, Don Weidenfeller,
of Houston, TX, its true and lawful Attomey(sHn·Fact
undertakings
Individually
with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
and other obligatory instruments of similar nature
- In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted. as indicated, by
the shareholders
of the corporation.
In Witness Whereof.
WESTERN
SURETY COMPANY
has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 20th day of April, 2004.
WESTERN
SURETY
COMPANY
£?LZ7?/h~' ~
~at,
Senior Vice President
State of South Dakota
County of Minnehaha
On this 20th day of April, 2004, before me personally came Paul T. Bruflat, to me known. who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY
executed the above instrument;
affixed pursuant
acknowledges
to authority
that he knows the seal of said corporation;
given by the Board of Directors
described in and which
that the seal affixed to the said instrument is such corporate seal; that it was so
of said corporation
and that he signed his name thereto pursuant to like authority,
and
same to be the act and deed of said corporation.
My commission expires
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~
D. KRELL
,
•
•
.
~~NOTARY
I~SOUTH
PUBLIC@i
DAKOTA
,
I
+~..~~~~........~~..~..~..~..~..~.. +
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN
SURETY COMPANY
force, and further certify that the By~Law of the corpo~ation'Pririted
my name and affixed the seal of the said corporation
this
do hereby certify that the Power of Attorney hereinabove
20 t h
day of __
....::o:.:c=-t:.:::o.::b:.:e=-r=--
WESTERN
Form F4280-01-02
set forth is still in
on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
,_:.:2:.:o~O:::::4:.._.
SURETY
COMPANY
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS
OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings,
Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize.
The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations
corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
of the
NOTICE
111~ccordal1ce with the Terrorism Risk Insurance Act 0[2002, we are providing this disclosure
notice for bonds and certain insurance policies on which one or more of the Writing Companies
idcntilicd below is the surety or insurer,
To princip:.dson bonds and insureds on certain insurance policies written by anyone or more of
the following companies (collectively the "Writing Companies") as surety or insurer: Western
Surety Company, Universal Surety of America, Surety Bonding Company of America.
Continental Casualty Company, National Fire Insurance Company of Hartford, American
Casually Company of Reading, PA, The Firemen's Insurance Company of Newark. NJ, and The
Continental Insurance Company.
DISCLOSURE
OF PREMIUM
The premium attributable to coverage for terrorist acts eeniiied under the Act was Zero Dollars
(50.00).
DISCLOSURE
LOSSES
OF FEDERAL PARTlCIl'ATIO'i
IN PA VIVIENT OF TERRORISM
The United States will pay ninety percent (90%) of co\'ered terrorism losses exceeding the
applicable surety/insurer deductible,
State of Texas
Claim Notice Endorsement
58621709 __
To be attached to and form a part of Bond No. _-==-'-'-'=In accordance with Section 2253.021 (f) of the Texas Government Code and
Section 53.202(6) of the Texas Property Code any notice of claim to the named
surety under this bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822-5000
Form F6944
PERMIT DEPARTMENT
CONSTRUCTION
COMMERCIAL PIPE PERMIT APPLICATION
ROSENBERG, TX 77471
(phone) 281-633-7502 or 7503 • (Fax) 281-342-7366
APPLICANT INFORMATlON
Application No.
j') q-Yt
(County Use Only)
BIb-
Applicant Name
S,A7E
EXCliVAT:rOA/,
I",c.
!lOt.) rSTD
City
State _1..J.;;;A.O'::'>----TEXIlS
r{
l1.,3')S?ol.>-/O/O
~Phone
Property Owner's Name
Daytime Phone
________________
ZipT
t Cfl 0
(Z.~I)41./0 -S?$oo
Phone
Property Owner's Mailing Address
City
State
Zip
LOCATlON OF PROPERTY
Subdivision
Sec
Lot
Blk
Physical Address
(ATTACH A SITE MAP)
SITE USE
Culvert Only
D
D
Driveway - Open Ditch Section
DRlVEWA Y REQUlREMENTS
io3' v.::./ SAF£..-'r ENb1JlI=J>rtr<'\ErVT5;
*-Length
16'hu\:i::w
I
'J6'lidubimm
Numberofdr:ives~
*" p.eof'o~£b
FiC-4r,ROAb
Bt.V tI, ...;,1 ~O 13-8
(See - Fort Bend County Procedures to be followed for Commercial Driveway, and Median Openings or Modifications)
Available on web site www.co-fort-bend.tx.us
By signil'igand submitting this permit application, I am stating that I am the owner of this property and I am aware ofand agree to abide by
the Fort Bend County Regulations of Subdivisions and I am aware of Section 2, Item F in the Permits for the Construction of Driveways
& Culverts on County Easements and Right of Ways in Fort Bend County, and is responsible to obtain all other required permits
associated with the above mentioned property. Driveway and Pipe Permits shall provide that construction pursuant to the permit will be
commenced within six months and be completed within nine months from the dale of the permit and that fees collectedfor said permits shall
not be refundable or transferable. I further understand the permit fee of $150.00, in the form of CASH or PERSONAL CHECK or
COMPANY CHECK or a CASHIERS CHECK or MONEY ORDER payable to FORT BEND COUNTY, must be attoched.
The undersigned applicant, agent or attorney hereby certifies to Commissioners' Court to be strictly bound to Commissioners' Court to
construct the driveway and/or culvert in strict conformity with the plans. specifications, terms. provisions and conditions 0/ the permit and
any other written material incorporated by reference in this application.
Other permits may be required/or development. Please contact the Fort Bend County Road & Bridge Department/or pipe sizing or the
Fort Bend County Health Departmentfor information on On-Site Sewage Facility permits prior to planning construction.
Failure to possess or obtain required permits will result in legal action against the property owner as allowed by law.
~'
fl. C-z...~
Signature of Applicant, Agent or Attorney
tEl.<..JoLS ~,
Printed Name
rev. 06122/2004
(I)N'rJ<>C£l
IO!lg!DY
Date
\SL
q
, before the
Fort Bend County
accompanying
Commissioners
1)!!~~s)J't''-'-'''C'-','--
notice of
_
&-=l.1+- ~_'_
_
Job Location
_"":o<_:><_
\
Dated
JQ ~J.\-oc.L Bond No.
_
5~{pJ.O(pl}j
,Permit
Regnlating the Laying, Constrnction,
Maintenance,
No.
U9Qo
to, "A Hevised Order
and Repair of Bnried Cables,
Condnits and Pole Lines, In, Under, Across or Along Roads, Streets, Highways and
Drainage
Ditches iu Fort Bend County,
Commissioners
Texas, Under
Conrt of Fort Bend County, Texas,"
the Jurisdiction
of the
Court of Fort Bend County, Texas, dated the 3rd. day of Au~ust, 1987, recorded in
Volume
Texas, to the extent that snch order is not inconsistent with Article 1436a, Vernon's
Texas Civil Statues. Upon Motion of Commissioner
<:5\:t>s\l\I\.o\tl..A:
hy Commissioner
ADJUDGED
AND DECREED
,duly
~,seconded
that said notice of said above pnrpose
is hereby
acknowledged by the Commissioners Conrt of Fort Bend Connty, Texas, and that said
Notes:
1.
Evidence of review by the Commissioners Conrt mnst be kept on the job site and
2.
a) 48 hours iu advance of construction start up, and
Mail notices to:
3.
By
P.O. Box 1449
281/342-3039
c
enced.
~~--'-Drainage District Engineer/Manager
_
Presented to Commissioners COIlI't
and approved.
Recorded in Volume
_
Clerk
By
1:\WPDA T A\l.ETTERSIPERMrE\CCI'LA
REV
mmissioners Court
-~A.,..!1.<I..&l4~=--=-..!-~L
Deputy
Revised 12/22/99
has not
COUNTY OF FORT BEND
Johnny Ortega
P.O. Box 1449
1124 Blume Rd.
Phoue: (281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
--082940
The following "Notice of Proposed Cable, Conduit, andlor Pole Line activity in Fort Bend
/'
__
---L~_
(I) Complete Application Form.
__
-L.C,-::- a. Name of road, street, andlor drainage ditch affected.
__ ~/_ b. Vicinity map showing course of direction.
__ .../<--_ c. Plans and specifications.
(2) Bond:
•/
Date
Date
(4)
We have reviewed this project and agree it meets minimum reqUiremen~~\d:\\()t
inistrator
I \WPDATA\PROCE.O\1EIlMIT'.REVIEWfORM
",po:!
Date
PERFORMANCE
BOND COVERING ALL CABLE. CONDUIT ANDIOR POLE LINE ACTIVITY IN.
UNDER. ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHORIZED
BOND NO 58620699
THE STATE OF TEXAS
§
THAT WE, D.F. Svstems. Inc. whose address is P.O. Box 3548. Humble. Tx 77347, Texas,
hereinafter called the Principal, and Western Surety Company , a Corporation existing under and by
virtue of the laws of the State of South Dakota and authorized to do an indemnifying business in the
State of Texas, and whose principal office is located at 950 Echo Lane. Suite 250. Houston. Tx 77024,
whose officer residing in the State of Texas, authorized to accept service in all suits and actions brought
within said State is Michael T. Shambaugh and whose address is 4004 Beltline Road. Suite 260. Addison.
TX 75001-4381, hereinafter called the Surety, and held and firmly bound unto, James C. Adolphus,
County Judge of Fort Bend County, Texas, or his successors in office, in the full sum of Five Thousand
and 00/100 Dollars ($5.000.00 ) current, lawful money of the United States of America, to be paid to said
James C. Adolphus, County Judge of Fort Bend County, Texas, or his successors in office, to which
payment well and truly to be made and done, we, the undersigned, bind ourselves and each of us, our
heirs, executors, administrators, successors, assigns, and legal representatives, jointly and severally, by
these presents.
THE CONDITION OF TillS BOND IS SUCH THAT, WHEREAS, the above bounden principal
contemplates laying, constructing, maintaining and/or repairing one or more cables, conduits, and/or pole
lines in, under, across andlor along roads, streets and highways in the County of Fort Bend, and the State
of Texas, under the jurisdiction of the Commissioners' Court of Fort Bend County, Texas, pursuant to the
Commissioners' Court order adopted on the 1st day of December, A.D. 1980, recorded in Volume 13, of
the Commissioners' Court Minutes of Fort Bend County, Texas, regulating same, which Commissioners'
Court order is hereby referred to and made a part hereof for all purposes as though fully set out herein;
covering all such cable, conduit and/or pole line activity;
bond
NOW, THEREFORE, if the above bounden principal shall faithfully perform all its cable,
and/or repair of cables, conduits and/or pole lines) in, under, across and/or along roads, streets and
highways in the County of Fort Bend and State of Texas, under the jurisdiction of the Commissioners
Court of Fort Bend County, Texas, pursuant to and in accordance with minimum requirements and
conditions of the above mentioned Commissioners' Court order set forth and specified to be by said
principal done and performed, at the time and in the manner therein specified, and shall pay over and
make good and reimburse Fort Bend County, all loss and damages which Fort Bend County may sustain
by reason of any failure or default on the part of said principal, then this obligation shall be null and void,
otherwise to remain in full force and effect.
This bond is payable at the County Courthouse in the County of Fort Bend and State of Texas.
It is understood that at any time Fort Bend County deems itself insecure under this bond, it may
require further andlor additional bonds of the principal.
EXECUTED this 21st day of October, 2004.
D.F. Svstems. Inc.
~CIPAL
'",
o~~)(\,.
Ai
BY
.i'\
HOUSTOUN. WOODARD, EASON. GENTLE.
TOMFORDI:, AND ANDERSON,INC.
db .. ID•• r.... AlIIaD ..
1776 YerktoWD. SaIte ZOO
Houlton, T .... 77O!6-4114
TDI Lic.nse #1381 FEIN # 7'll362043
f:,.,4"'.
~~
\\A.-Q\l", .II>
t'(\ -\-c', ~\~~~
V)L.
,
Western Suretv Companv
\---~URETY
'.
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)
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1
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/ BY, Jo Ann Parker, Attorney-in-Fact·.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents.
That WESTERN SURETY COMPANY,
a South Dakota corporation,
is a duly or~anized and eXisting corporation
having its principal office in the City of Sioux Falls. and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Cheryl R Colson, Donald E Woodard Jr, Andrew J Janda, Sue Kohler, Harlan J Berger, C W
Adams, Leland L Rauch, Sharon Cavanaugh, Michael Cole, Jo Ann Parker, Individually
of Houslon, TX, its true and lawful Attomey(s)-in-Facl
undertakings
with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
and other obligatory instruments of similar nature
- In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders
of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 28th day of September, 2004.
WESTERN
SURETY
COMPANY
:6?L~~~~
~
LP!:M~at,
State of South Dakota
County of Minnehaha
On this 28th day of September, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN
SURETY COMPANY
described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation
acknowledges
and that he signed his name thereto pursuant to like authority, and
same to be the act and deed of said corporation.
+
:
I
My commission expires
November 30. 2006
+
:
I
0, KRELL
:~NOTARY
.t~SOUTH
I
PUBLIC~:
DAKOTA
.t
I
+
t
CERTIFICATE
I, L. Nelson, Assistant Secretm;Y,
of ,WESTERN
SURETY COMPANY
.. ,_
;
force, and further certify that ~e'B)'·Law
my name and affixed the
i.ri8i·of
do hereby certify that the Power of Attorney hereinabove
set forth is still in
of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
~e said corporation this
21st
day of
October
2004
"
WESTERN
Form F4280-o1·02
SURETY
COMPANY
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds. policies. undertakings, Powers of Attorney. or other obligations
of the corporation
shall be executed in the
corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer. or any Vice President. or by such other
officers as the Board of Directors may authorize.
The President. any Vice President. Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies. or undertakings
The corporate seal is not necessary for the validity of any bonds. policies. undertakings.
corporation.
in the name of the Company.
Powers of Attorney or other obligations of the
State of Texas
To be attached
to and form a part of Bond No.
58620699
---.:.
_
In accordance with Section 2253.021 (f) of the Texas Government Code and Section
53.202(6) of the Texas Property Code any nctice of claim to the named surety under
this bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone:
'(312) 822·5000
NOTICE
In accordance widl the Terrorism Risk Insurance .-\c: of 2002, we are providing this disclosure
notice for bonds and certain insurance policies on which one or more of the \Vriting Companies
identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies wrinen by anyone or more of
the following compaI'ies (collectively the "Writing Companies") as surety or insure,: Western
Surer;; Company, Universal Surety of America, Sure:;.' Bonding Company of America,
Continental Casualty Company, National Fire Insurance Company of Hartford., American
Casualty Company of Reading, PA, The Firemen's Insurance Company of)iewark, NJ, and Tne
Continental Insurance Company.
DISCLOS1JRE OF PREMIU1Vl
The premium attributable to coverage for terrorist am certified under the Act was Zero Dollars
(50.00)
DISCLOS1JRE OF FEDERU,
LOSSES
PARTICIPATION IN PAnlENT
OF TERRORISM
The United States will pay ninety percent (90%) of covered terrorism losses exceedi.'lg r.!je
applicable surety/insurer deductible.
FOl'i7lF"310
CABLE, CONDUIT AND/OR F'tllli L1~ .ACTIVITY
ROADIIo STREETS, HIGHWAYS
AND DRl'\INAGE
IN FORT BEND COUNTY
NOTIGE OF PROPOSED
IN, UNDER, ACROSS OR ALONG
APPLICANT'S
PERMIT
No.
BOND No.
DITCHES
?q
---",5,--_
~~H];;1.0fa "l"l'--- __
JOB N.Q. ,;-
~--
'1 0
PCT. No.
\= ~ '7 -St-
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proposes to lay, construct. maintain and/or repair cable, conduit and/or pole line. in. Ulder, across, or
along roads,
streets,
highways
and draInage
ditches
in Fort Bend County,
as follows:
In, Under. or Across Roads and/or DraInage Ditches
NearestIntersection
Road or
Ditch Name
Along Roads
Road or
Length of
CrossIng
and/or Drainage
Ditch Name
Nearest
Bored: Jacked: Oliven:
....:
Case
Ditches
; Distance
To
Intersection
General Description
""",\Z..
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\(",,,,}..
\POvt
VV'~'Y
The Location and description of the proposed installation and appurtenances is more fUlly shown on the
shall be f!~biect to "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of
August, 1967, recorded In Volume 639 of the Minutes of the Commissioners Court of Fort Bend County,
Texas,
Written notices are reqLired: 1) 48 hours in advance of start of construction and 2) when constnJctlon is
complete and ready for final Inspection.
Mail to:
Permit Administrator/Fort Bend County Engineering
P,O. Box 1449, Rosenberg, TX 77471.
shall constltute grounds for job shut down.
COM
AME:
;'1.
f, <;'''1 'M:<\ <3 ) En .,.
----'b..L~~~~~~.s:!!lIb!tt"'·
AGENT andlor OWNER
('
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(Signature)
NAME
& TlTLE:
Lo."v,/,
DATE:
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(Pl ••••
Print)
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ADDRESS:
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TELEPHONE
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NO:
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On this
day of
Fort Bend County
accompanying
Job Location
Dated tD'-''){
-.-Nov~bev-
Commissioners
,20
COURT
()t.£
, before the
g £>...ct-=--=,....-,....--,..-_
?o..\S luv ~Go-s-hn
'2.tevU DJu b(1U'" / Reese kla bV/lie
notice of
I
-04
Bond No.
5<p q~5~lf
,Permit
to malie use of certain Fort Bend County property subject
Regulating the Laying, Construction,
Maintenance,
No. ?;)..
Cfiff
to, ..A Revised Order
Drainage
Commissioners
Texas, Under
the .Jnrisdiction
of the
Court of Fort Bend County, Texas," as passed by the Commissioners
Court of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recorded in
Volume
,S-\
by Commissioner
h\)'t~
AD.JUDGED AND DECREED
~.Q..,~
,secouded
, duly put and carried, it is ORDERED,
is hereby
Notes:
I.
Evidence of review by the Commissioners Court must he kept on the job site and
2.
a) 48 honrs in advance of construction start up, and
11) When construction is completed and ready for final inspection
M ail notices to:
3.
Fort Bend County Enginceriug
P.O. Box 1449
Rosenherg, Texas 77471-1449
281/342-3039
COl!1menced'
By
~
/ /
~
OIIJItIIgineer
By
,
~
VJ
It #
and approved.
Recorded in Volume
_
Drainage District EngineerfManager
Clerk
Ilevised 12/22/99
L\WPOATA\l£fTERS\PERMlnrCPLA
REV
has not
COUNTY OF FORT BEND
Engineering
P.O. Box 1449
Department
Johnny Ortega
Phone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
082941
_
/
__
__ .....
/'---,_ a. Name of road, street, and/or drainage ditch affected.
___
/L..-_ b. Vicinity map showing course of direction.
__ ...
"",,/_ c. Plans and specifications.
.~<- (2) Bond:
/
__ =--_
____
____
Perpetual bond curr~'1tly posted.
No. 51C0S5'i
Amount £ 5<9) 000 .
No.
_
Amount
_
Cashier's Check.
No.
_
Amount
_
before
Acknowledgement
Date
Date
(4)
We have rev' wed this project and agree it meets minimum requirements.
10
\
\
,C7-l \()tf
Date
I \WPDA T A1.PROCEDlPER.\.fiTJlEYTEWfOR.\.1
wpd
NOTICE OF PROPOSEO
IN. UNDER. ACROSS OR ALONG
CABLE. CONDUIT AND/OR POLE LINE ACTIVITY
ROADS. STREETS. HIGHWAYS AND DRAINAGE DITCHES
IN FORT BEND COUNTY
JOB NO.
S37lf'114$)..qtt~
APPLICANTS
PERMITNQ.
5$q,!>S5~~
BONDNQ
_
---S...B<.c~:-=_==.,...,.=-::-::"...,==...,..,.=-::-::=:-:~
proposes to lay. construct, maintain and/or repair cable, conduit and/or pole line, In, ll1eter. across, or
along roads, streets. htghways and drainage ditches in Fort Bend County, as follows:
In, Under. or Across Roads and/or Drainage Ditches
Road or
Ditch Name
Length Qf
Type Qf ConstnJdiQn
Bored: Jacked: DrIven: Cose
CroSSing
I DO'
Road or
Dftch Name
fllLSl\glL ~
TIS' ~
:
To
: Distance
Pl6'lQ OAl:-S : ~e:.t.M,E.
: 1115'
l.M£ :~WlSiAAL~
~
General
PI.A<£ (()\>fe;: €-:
:Gl0'
Desai~on
Dtsty81fI)()J
! j.J PIf,l/C td(rt1"'r -0f
A-LotJ!ChJl$fu;M.-OO\-STIN ykesE..lA:t:e
4J e-""'1H~Hb'Z- LA-~$
-WN4~__
Ot Ull Nt:W
.5vBDiJ.
The LocatiQ'II iIi1d descrtption QrlhO proposed Installation and appurtenances Is mora fuUy sr-n
on the
attached detail drawings. The laying, construction. maintenance and/or repair of the proposed Installation
shall be subject tQ "A Revtsed Order Regulating the laying. Construction, Maintenance and/Qr Repair 01
Cables. Condulta. and/Qr Pole Lines, In. Under, Aaoss, or Along Roeds, Streets. Highways and Drainage
Ditches In Fort Bend County, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend
CQunty, Texas" as passed bY Commissioners CQurt 01 Fort Bend County, Texas, dated the 3rd. day Qf
August. 1987. recorded In VQlume 639 01 the Minutes 01 the CommlsslQners Court 01 FQrt Bend County.
Texas.
Written notices are requred: 1) 48 hours In advance of start of construction and 2) when construction ls
complete and ready for ftnallnspeellon.
MalltQ:
Penn" Admlnlstrator/FQrt
Bend CQunty Englneertng
P.O. BQX 1449. RQsenberg, TX n471.
CO~~Y
,NAME:
_-=S~R2=":c..===--::--===-__
IlWUJLtv..y
t.-
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(Signature)
Gwz-uA
W~
NAME & TITLE:
(Please Prtnt)
DATE:
ADDRESS:
I b- 14-01/
III Q
tLoSoJ&u-City
TELEPHONE
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(StreetIP.O.
BQx)
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NO:
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\sIJ
On thiS~
Fort Bend County
accompanying
Commissioners
S KIY\fl?V
jO"'J-I-Oc.(
Bond No.
,20
()t/ ,before
the
r~
t
notice of
Job Location
Dated
-NoUetYlbev
day of
COURT
C-aiK/rUciion, 1.-1]).
~e~L 88 BJ1V'l'!J~le
'
, Permit
Regulating the Laying, Construction,
Maintenance,
No.
'irJ- '1tf;;;L
and Repair of Buried Cllbles,
Drainage
Ditches in Fort
Bend County,
Texas, Under
the Jurisdiction
of the
Commissioners Court of Fort Bend Connty, Texas," as passed by the Commissioners
Volume
lli¥~s_,
ADJUDGED
AND DECREED
that Sllid notice of said above purpose
acknowledged by the Commissioners
is hereby
Notes:
1.
Evidence of review by the Commissioners Court Illust be kept on the job site and
failure to do so constitutes grounds for job shutdowu.
2.
a) 48 hours in advance of construction start np, and
b) When constrnction is completed and ready for final inspection
M ail notices to:
3.
Permit Ad ministrator
P.O. Box 1449
281/342-3039
This )lermit expires one (1) year from date of permit if construction
c menced.
By
-'--
_
has not
and approved.
Recorded in Volume
_
Cler
By --'~W~~~~l.LDeputy
Revised 12/22/99
nW!'DATA\tETTERS\PERMmccrl-A
REV
COUNTY OF FORT BEND
Jobnny Ortega
P.O. Box 1449
Pbone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
082942' __
PERMIT NO. _---'==!.....!!C""'-The following "Notice of Proposed Cable, Conduit, and/or Pole Line activity in Fort Bend
/
(1) Complete
/'
/'
/'
-----4-/-
Application Form.
(2) Bond:
/
Date
Date
(4)
_to~,;¥\\t>~
Date
I 'WPDA T A'PROCED\PERMrnREVIEWFORM
....pd
......
-.,'"
'
PERFORMANCE BOND COVERING ALL CABLE. CONDUIT AND/OR POLE LIN!:
ACnVITY IN, UNDER, ACROSS OR ALONe;; FORT BEND COUNTY ROADS
AuruO/uZED
HOND NO
THE STATE OF TEXAS
§
61BSBAV9366
COUNT\" OF FORT BEND
§
5411 Killough
THAT \VE, T & C CONSTRUCTION,LTD. whou lIddreSSIs Houston, Texas 77~86
Texas, berelnafter ~lIlled the Principal, and HARTFORDCASUALTYINSURANCE Sm9poratioTl
exlsllR\: under and by Virtue or lite laws or I....Stale of INDIANA
and authorized to do nn
indemnifying b\lsllle~s in the Slale of Tex>ls, llRd whose princlpol "meo I. lOCdled at
* ,wbose officer residing In the ~tate,'i~ TUlIS, lIuthorttl!d to accept ~ervlce In aU sWls and actions
brou~htwithlnsaidStllt.h
J~m M~ er.odwboseaddn.sls
P.O. Box 4611, Houston, ~x 77210-4611
bereinafter clUed tile Surety, "nd held IInd firmly bound unto, Jame. C. Adolpbu., Cuunty
Judge uf Fort Bend Couuty, Tu,u, or bls ~uccessors in office, ill Ih~ full SUD! 01'
DoUars (5 5, 000 . 00 ) Cllrr..nl, lawful money of tbe UlIltod State! of Amerita, to be p~ld to • .,id
James C. Adolpllua, County Judge of Fort Bond County, Texll~, or his SutCllti5urSin office, to
Which pltymenr well and truly to be mltde and doue, w .... the u\I(lel'lig,u,d., bind olar.eln. IIlId
eath of uo, ollr lIelrs, n:ecutors, ndminlslcators, suc~e"urs, assigns, and legal repreunlatives,
Jointly and .enral/y, by these l,r05cu[s.
Tlf£ CONDl'flON OF TIllS BOND IS SUCH THAT, WIfEREAS, tbe above !Joundell
prlnLipal contemplates layin~, con,tructlng, maintainlnc andlol' repairlnc on. or Dlor. cable.,
conduits, and/or pole Iino. In, under, ocro•• and/or along roads, 511-eetsand highways in [he
County of Fort Bend, and the State of Texas, under the jurisdiction of th.. Cummlssloller,' Cuul1
of Fort Bend County, Tono, pursuaut to the Ollumissioners' Court ol'd.er adOptod ou tlte ll! dlly
or Dceember, A.D, 198[), recorded in Volume 13, of [he COlnrnl••ioners' Coun Minutes of For[
8end County, Te:n:;:-Tegulatill£ same, whieh &mmi ••ionen' COllr[ oruer i. bereby refgrrvd tu
and mnde 8 part hereoffor nIl purpuses as thou~_ fully Sel out hereilll
AND WHEREAS, the princ.ipnl desires to provide FOr[ Bend COUlltywllh a performance
bond covering all iuth eable, conduit nnd/or pole line ac[h1[y;
NOW, THEREFORE, if tile above bounden principll1 sl\all faithfully perform a.Illt&uble,
cunduit andlor pole line activity (Induding, but nor limited to tbe "')';111, construc,Ion,
mainteuRnce and/or repair of cable., conduits 811d/orpole Jines) In, ulldol', lItross alld/or lI.Iong
road., .lreen and high".ys in tho COllnty of Fort Bond and Slale or Texas, ullder the
jUrisdictton or tho Comm/sslonors Coun: of Fort Ilend County, Telt"s, pursullnt to and in
accordance wl[h minimum requirements and conditions of lbe above mentioned Commissioners'
COllrl order sel fortlt and specified to be by §ald prlncipa] done and pvrfonuod, at the time arId
in the mnl\l1Qrtberein speclfllld, and shall pay over and make good and reimbur'e ForI Bend
County, ail Iou ond damages wh.ich f'ort 13endCounty lnay su,taln by r~alion 01 any I'ailure or
default 011 tbe part of sllld prilcipsl. then this obligation shall b~ null Slid void•• therwi~o to
..omaln III run force and effect.
Texu.
This bood is payable at lb. Count)' Cuurtbouse in the Connly of Fort aond and SIlI[o ut'
It Is understuod thar at any time Fort lSend County deems itllelf insecure undel' this bond,
it nlay reqUire further IIndlor additional bonds of lhe plincipal.
,.,
EXECUTED thh
18th
day October
of, 20 ~,
T
&
;
.-
C CONSTRlG:TION,LTD.
PJUNCIPA.L
~~.~?'>/
HOUSTOUN,
WOODARD,
EASON,GENTLE,
TOMFORDE,
ANDANDERSON,
INC.
dba Insurance Alliance
t776 Yorklown,Suite 200
Houston,Texas 77056-4114
TOILicense #1381 FEIN#760362043
BY
1:\Wl:b PlLgll'\Pre-~'cb DOl:umcnts
·P.O.
Box 4611, Houston,
awl Jmagc&\Word
Texas
l..s~~
DOC\,lIncDIIi\E118illl:erto,\PEHrH~ND.
77210-4611
~
~
Attorney-~n'.-
ac
~ l.dClc
': "
,
Direct Inquiries/Claims
POWER OF ATTORNEY
THE HARTFORD
BONO, T-4
690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488
KNOW ALL PERSONS BY THESE PRESENTS THAT:
~
Hartford
Fire Insurance
Company,
~
Hartford
Casualty
Insurance
D
Hartford
Accident
and Indemnity
Hartford
Underwriters
D
D
D
D
D
Twin City Fire Insurance
or fax: 860-757 -5835
Agency Code: 61-610074
a corporation duly organized under the laws of the State of Connecticut
Company,
Insurance
to:
a corporation duly organized under the laws of the State of Indiana
Company,
a corporation duly organized under the laws of the State of Connecticut
Company,
a corporation duly organized under the laws of the State ofCOIUlecticut
Company,
a corporation duly organized under the laws of the State of Indiana
Hartford
Insurance
Company
of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford
Insurance
Company
of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford
Insurance
Company
of the Southeast,
a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the ~Companies~) do hereby make, constitute and appoint,
up to the amount of unlimited:
Donaid E. Woodard, Jr., Harlan J. Berger, Andrew J. Janda, C. W Adams, Sue Kohler, Leland L. Rauch,
Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker
of
Houston, TX
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the
Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by
its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm
that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Paul A. Bergenholtz, Assistant Secretary
Colleen Mastroianni, Assistant Vice President
STATE OF CONNECTICUT}
55.
Hartford
COUNlY OF HARTFORD
On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did
depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed
her name thereto by like authority.
/\
~~
,J">'"
-Z-Yc..;ro-c /-=-..t''1....
Seal! E. Paseka
Norary Public
My Commission Expires October
3 I, 2007
I, the undersigned, Assistant Vice Presidentof.V1.eCompanies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said~ompan1es, which is still in full force effective as of
Oc.tober 18, 2004.
Signed and sealed at the City of Ha~rord,~; '~"'"
Yves Cantin, Assistant Vice President
POA 2003
Insurec
s
Narne
T & C Construction
ir:S:Jrecs
Mailmg
Ltd.
Aodress
5-111 KillQugh
Houston. Texas 770S6
POliCY Number
61BSBAV9366
IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERSTERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that. under the Terrorism Risk Insurance Act of 2002. effective
November 26. 2002, we must make terrorism coverage available In your bond/policy
However. the actual coverage provided by your bond/policy for acts of terrorism, as is true for
all coverages. is limited by the terms. conditions. exclusions. limits. other provisions of your
bond/policy. any endorsements to the bond/policy and generally applicable rules of law.
Any terrorism coverage provided by this bond/policy is partially reinsured by the Ul1Ited States
of America under a formula established by Federal Law. Under this formula. the United States
will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by
sureties/insurers until such time as insured losses under the program reach $100 billion. If that
occurs. Congress will determine the procedures for. and the source of. any payments for
losses in excess of $100 billion.
The premium charge that has been established for terrorism coverage under this bond/policy
is either shown on this form or elsewhere In the bond/policy If there IS no premium shown for
terrorism on this form or elsewhere In the bond/policy. there IS no premium for the coverage
Terrorism premium:
$0
Page 1 of 1
Form 8-3333-0
,~2002
The Hartford
PERMIT DEPARTMENT
CONSTRUCTION
ROSENBERG, TX 77471
(phone) 281-633-7502 or 7503' (Fax) 281-342-7366
45J- 94d-
APPLICANT INFORMATION
HOcA.l/0/..I
(Co•• ty u.. (July)
:s- '1-11 I'Ll .,,<-0.:'-=::0=-":..:'I.:..:c,:.1"1'-'--
City
Application No. --;!%'':--;,~'"'S---
•
Home Phone
f~ We!-:.I!>
tlO<-l~1ON
--
1F.3
_
Phone
FNG.
/1
]);v
Te:.I(
State
-1.7_1'----"0'--'' '=---.:''-:111- '"" <f~-, I k Z 1
Zip
Daytime Phone
rISK
PropertyOwner'sMailingAddressC-!o
City
lfA.
State
I
_
ClLc.£~lNl1'2
t"~Z;9
fF Z.'Z../O
-J-7....7-'O...'-'¥-:..:,""-
'ZiP
_
LOCATION OF PROPERTY
'kty4#A L44I'w7ATto,r..t
Subdivision
5020
Physical Address
S/<::tI+JN<:=A-.
See
Lot
___
BIk
UJN'<€
(ATTACH A SITE MAP)
SITE USE
•
o
Culvert Only
DRIVEWAY
Length
REQUIREMENTS
20' minimum gndJ6'
marlmum
Number of drives
/
Fort Bend CountyProceduresto be followedfor CommercialDriveway.and Median Openings or Modifications)
Available on web site www.co-fQrt~bend.tx.us
(See -
By signing and mblnitting this permit application, I am staling that I am the owner of tJW property and I am cnt'QTe of and agr. to abide by
tIu! Fort Bend COIUfIJ'/hgrlladou tJ/ SlIbt/hIUIDns and J am aware of~ction 2, Item F in the Pmnlb for 'lie ConstnIcIlOlf 01 Drlwways
&: Cu/vm$ 011COIl"" EasmtDID ad llJgIIt of Wq.r ,. FOt'I &Iul C."'Y.
and i.J respt»Uible to obtain a// other required permits
a.uociated with the abt1ve mentioned property. Driveway and Pipe Permiu .JhaJ1provide thai COll.Jtruct/on J1fIT8UQntto the permit wilT be
commenced within six mondu and be completed within nine months from the date of the ]¥rmit and that lees collected for Mlid permits shall
not be refundable or ~erable.
I further IIIfderstand the permit fee of $1$0.00, in the form 0/ CASH or PERSONAL CHECK or
COMPANY CHECK or a CASHIERS CHECK or MONEY ORDER payable to FORT BEND COUNTY. mru' be attached
•
•
The undersigned applicant, agent or attorney hereby certifies to Commissioners'
Court to be strictly bound to Commtuioners'
Court to
the driveway and/or culvert in strict conformity with the plam, specijicaticnu, temu, provisions and conditimu olthe permit and
const17Ict
Other permits ~
be requiTedfor development. Please contact the Fori Bend Collllty Road &- Bridge Department/or pipe sizing or the
Fort Bend Cormty Health Department/or iriformation on On-Site Sewage Facilily permits prior to planning cmutructJon..
•
·~
~hll't
or obtalu ~.Ii.d..........
_ ....It lu.... 1 actlo. aplut the properlyo..... r asa;;:
of AppIicaDt.~IIt~
,/;;t ~S
7iU-J
.s(f{,v~/,,:J
o.'e
..
PrbIIed Na.
rev. 06122/2004
::--.
--.
~i
.0
&">-
9.
On this
day of
Fort Bend County
accompanying
Commissioners
notice of
SQ
~'"
,20 ~
lo-.;lS -0110Bond
ltd,}J
toW!.It1tU41\u..::h~KS:
No.
~*<e3
\C\
_
, Permit
Regulating
, before the
SlV~ !'f\ll;e<i.J~>WlotAJ\!LLB2..-1\v.J.....Y!./L.I!.k~\JJ:=JIlM~,
.Job Location
Dated
_N 0 V e-wyb tv
COURT
Maiutenanee,
No.
'&;1843
and Repair of Buricd Cables,
Conduits and Polc Lines, In, Undcr, Across or Along Roads, Strccts, Highways and
Drainage
Ditchcs in Fort Bend County,
Commissioners
Texas, Under
the .Jurisdiction
of thc
as passed by the Commissioncrs
Court of Fort Bcnd County, Texas, dated the 3rd. day of August, 1987, rccordcd in
Volumc
of thc Minutes of the Commissioncl's
Court of Fort Bcnd Connty,
~\.e~.tfS
by Commissioner
,~'I.I\p'N1
AD.JUDGEI> ANI> DECREED
,duly
put and canied,
,sccondcd
it is ORDERED,
that said notice of said ahove purposc
is hcrcby
acknowledged by the Commissioners Court ofFOt't Bcnd County, Tcxas, and that said
notice be placed on record according to the regulation order thcreof.
Notes:
1.
Evidence of revicw by the Commissioners Court must be kept on the job site and
2.
b) When construction is completed and ready for final inspcction
Mail notices to:
3.
Fort Bend County Enginccring
1',0. Box 1449
281/342-3039
This permit expircs one (1) year from date of permit if construction
commenced.
A//ff
,
By
has not
Presented to Commissioncrs Court
and approved.
Recorded in Volume
_
Minutes of Commissioncrs Court.
Clerk of
By ---"""-..ll-<<lo.4""","--""'~~~'
Deputy
Rcviscd 12/22/99
1:\WPDATAIIJnlERS\PF.RMInCCPI.A REV
-'
COUNTY OF FORT BEND
Engineering
Department
Jobnny Ortega
P.O. Box 1449
1124 Blnme Rd.
Phone: (281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
082943
__
...:/:-_
__ 4/:....-_
__ ...:-:..-_a. Name of road, street, and/or drainage ditch affected.
_---",.co-_ b. Vicinity map showing course of direction.
__ ""/~_ c. Plans and specifications.
(2) Bond:
•./
Date
Acknowledgement
(4)
inistrator
I \,WPDATA'l'ROCED'PER.\.fITREVTE,l,-fOR.'A
""fI'l
before
Date
IN FORT BEND COUNTY
1501040118
APPLICANT'S JOB NO:
PCT.NO:
PERMIT NO.
3
------
BOND NO:
Formal notice is hereby given that Consolidated Communications proposes to lay, construct, maintain and/or repair
cable,conduit andlor pole line, in,under, across, or along roads,streets,highways and drainage ditches in
Fort Bend Counts, as follows:
In, Under, or Across Roads andlor Drainage Ditches
Road or
Ditch Name:
Seven Meadows
Parkway
N earest Intersectlon:
Length of
C rossma:
75'
125' East of Timber Park Lane
Type of Construction:
BdJkdD'
ore
ac e
riven C ase
X
Road or
Ditch Name:
Nearest Intersection:
To:
Distance:
General Description:
CONSOLIDATED COMMUNICATIONS
PROPOSES TO MAKE A ROAD BORE UNDER Seven Meadows Parkway
shali be subject to "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of
Ditches In Fort Bend County, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend
Texas.
Mail to: Permit Administrator/Fort Bend County Engineering
COMPANY NAME:
SIGNATURE:
NAME & TITLE:
DATE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO:
CONSOLIDATED COMMUNICATIONS
(AGENT AND/OR OWNER)
~"-",1w#",-""',--,,~::...=,,,,';,,,;;,:;;,
DAViD MINKS OSP ENGINEERING
(Please Print)
10/19/04
24403 ROESNER
(Street/P.O. Box)
KATY TX 77494
281·396-5078
(accessible 24 hrs/day 7 days/week)
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Page: 1 of 11
---._---
--- .
\s?
C\•
, 20 ~,
Fort Bend County
accompanying
commiSSi~O ers Court came on to be he~rd and reviewed the
notice of
Q4sMl _CowSft ~~
_
Job Location
Dated
before the
<1WO,'l4tA'>lJ
iTb
~CI<~~r-...j~lCAl!:r..1-----------------
!O"';)b"'Dq
0<:[l'20 fRt/1
Bond No.
,Permit
to make use of certain Fort Bend County property snbject
Regnlating the Laying, Construction,
Maintenance,
No.
Zd- tft.f¥
Condnits and Pole Lines, In, Under, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort
Commissioners
Bend County,
Texas, Under
the Jurisdictiou
of the
Volume
Texas, to the extent that such order is not inconsistent with Article 1436a, Veruon's
Texas Civil Statues~ U..!?O~I
M~ion of Commissioner
by Commissioner
ADJUDGED
\"p'*'.
~\
AND DECREED
,dnly
~
Q~S
, seconded
is hereby
Conrt of Fort Bend County, Texas, and that said
Notes:
I.
2.
a) 48 honrs in advance of construction start up, and
b)
When construction is completed and ready for linal inspection
Mail notices to:
3.
By
Fort Bend Connty Engineering
P.O. Box 1449
2811342-3039
&,~P1.:
This permit expires one (1) yeal" from date of pel"l1\it if construction
commenced.
~O~
County ~neer
IV /
By
,<
1Et1.--
_
has not
and approved.
Recorded in Volnme
_
Drainage District E~gineer/Manager
Clerk
i sioners Court
By -VW~~J-f--~7J--lJeputy
Revised 12/22/99
1:\WPDAT A\l.ETIERS\PERt-nnccrLA,
REV
COUNTY OF FORT BEND
P.O. Box 1449
1124 BlumeRd.
Phone: (281)342-3039
Jobnny Ortega
IN FORT BEND COUNTY
082944
PERMIT NO.
_
__
.......
/:........_.(1) Complete
/'
__ :.../'
__
......
__ L./_
Application Form.
(2) Bond:
No.
_
Amount
_
__
L/:........_ Performance bond submitted.
No. Q 'i{ l'?:l 0 "L./~,---- __
Amount II ~&JO .
•
____
Cashier's Check.
No.
_
Amount
_
____
Date
Date
(4)
\)
~
trator
I\
wpo" T A\PROCE1)lPER."tfr·,REVIEWFOR.Vl
wpd
Date
PERFORMANCE BOND COVERING ALL CABLE, CONDUIT ANDIOR POLE LINE ACTIVITY
IN, UNDER, ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHORIZED
BOND NO 08130647
THE STATE OF TEXAS
§
THA T WE, Marshall Construction Company, LTD. whose address is 190 T.C. .Iester,
Houston, Texas 77077, hereinafter called the Principal, and Fidelity & Deposit Company of
Maryland, a Corporation existing under and by virtue of the laws of the State of Maryland and
authorized to do an indemnifying business in the State of Texas, and whose principal office is located
at P.O. Box 1227, Baltimore, MD 21203-1227, whose otlicer residing in the State of Texas,
authorized to accept service in all suits and actions brought within said State is Fredrick L. Simmons
and whose address is 2000 W. Sam Houston Pkwy., Suite 1300, Houston, TX 77042,
hereinalier called the Surety, and held and firmly bound unto, James C. Adolphus, County Judge of
Fort Bend County, Texas, or his successors in otlice, in the full sum of Five thousand
Dollars ($5,000.00) current, lawful money of the United States of America, to be paid to said Robert E.
lIebert, County Judge of Fort Bend County, Texas, or his successors in ot1ice, to which payment well
and truly to be made and done, we, the undersigned, bind ourselves and each of us, our heirs,
executors, administrators, successors, assigns, and legal representatives, jointly and severally, by these
presents.
THE CONDITION OF nlls BOND IS SUCH THAT, WHEREAS, the above bounden
principal contemplates laying, constructing, maintaining andlor repairing one or more cables, conduits,
andlor pole lines in, under, across andlor along roads, streets and highways in the County of Fort Bend,
and the State of Texas, under the jurisdiction of the Commissioners' Court of Fort Bend County, Texas,
pursuant to the Commissioners' Court order adopted on the 1M day of December, A.D. 1980, recorded
in Volume 13, of the Commissioners' Court Minutes of Fort Bend County, Texas, regulating same,
which Commissioners' Court order is hereby referred to and made a part hereof for all purposes as
though fully set out herein;
AND WHEREAS, the principal desires to provide Fort Bend County with a performance bond
covering all such cable, conduit andlor pole line activity;
NOW, THEREFORE, if the above bounden prineipal shall faithfully perform all its cable,
andlor repair of cables, conduits andlor pole lines) in, under, across andlor along roads, streets and
highways in the County of Fort Bend and State of Texas, under the jurisdiction of the Commissioners
Court of Fort Bend County, Texas, pursuant to and in accordance with minimum requirements and
conditions of the above mentioned Commissioners' Court order set forth and specified to be by said
principal done and performed, at the time and in the manner therein specified, and shall pay over and
make good and reimburse Fort Bend County, all loss and damages which Fort Bend County may
sustain by reason of any failure or default on the part of said principal, then this obligation shall be null
and void, otherwise to remain in full force and effect.
This bond is payable at the County Courthouse in the County of Fort Bend and State of Texas.
It is understood that at any time Fort Bend County deems itself insecure under this bond, it may
require further andlor additional bonds of the principal.
EXECUTED this 21st day of October , 2004.
Marshall Construction
PRINCIPAL
R
Company, Ltd.
.
,Iohn P.l\1ar~hall.I)l"c~idc"t nl'Marshall
G.P. LLC,irs (;('n('nlll~llrtn('r
C9nstnu:til'nl,\
.,.
'"
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S
aryland, by
THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRA~, As's
t~
" pursuance of authority
granted by Article V!, Section 2, of the By-Laws of said Companies, w
(5
n the
side hereof and are
hereby certified to be in full force and effect on the date her
rru
ppoint Fredrick L.
SIMMONS and Thomas O. MCCLELLAi~, b~1
.a
~
0
~
lawful agent and Attomey-inFact, to make~ execute, seal and
aif
~'sJi act and deed: any and all bonds and
undertakings, EX~CPT b d
Ii}
de
t
to s, Community Survivors and Community
Guardians. and th
·0
~c
b~s
. gs in pursuance of these presents, shall be as binding upon said
Companies, as fully
" ntS
purposes, as if they had been duly executed and acknowledged by the
regularly elected offlfg
~~t
its office in Baltimore, Md., in their own proper persons. This power of attorney
revokes that issued oU;
of Fredrick 1" SIMMONS, dated January 10, 2003.
delieer
~
e
The said Assistant Secretary does hereby certifY that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 2nd day of August, A.D. 2004.
ATTEST:
By:
Gregory E. Murray Assistant Secretary
State of Maryland
City of Baltimore
Theodore G. Martinez
} 55:
On this 2nd day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY
written.
WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year ftrst above
Dennis R. Hayden
Notary Public
My Commission Expires: February 1, 2005
POA-F 170-8
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"'Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents
or Vice-Presidents
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
stipulations.
policies, contracts, agreements. deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages, ... and to affix the seal of the Company thereto."
EXTRACT FROM BY·LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents
or Vice-Presidents
Vice-Presidents,
Assistant Vice-Presidents
and Attorneys-in-Fact
as the business of the Company may require, or to
stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and beld on
rhe 10rh day of May, 1990 and of the Board of Directors of the COLONIAL A.<\1ERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on rhe 5th day of May, 1994.
RESOLVED:
reproduced
"That rhe facsimile or mechanically
signature of any Vice-President,
Secretary,
reproduced
seal of rhe company
or Assistant
Secretary of the Company,
and facsimile or mechanically
whether made heretofore
or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
rhis _.
.;< />1
day of_----"''---
_
-'
_.~
- ,
_.~, .')
Assistant Secreta/)"
PERMIT DEPARTMENT
CONSTRUCTION OF DRIVEWAYS AND CULVERTS ON COUNTY EASEMENTS AND RIGHT OF WAYS
ROSENBERG, TX 77471
(Phone) 281-633-7502 or 7503' (Fax) 281-342-7366
Application No.
'"b254,-:-,:~_
(County Use Only)
:TJ '-\-'9.
City
Subdivision
--N\ ....
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Physical Address
/Y\O"I<.. -rON
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Lot
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Blk P'-"'S~<..,-"lI IX
=7'" "\ 10"1
(AIT ACH A SITE MAP)
SITE USE
Driveway Curb & Guner Section
o
Culvert Only
o
DRIVEWAY REQUIRDfENTS
Length
10' minimum pntlJ6' meximum
Number of drives..:3...
(See. Fort Bend County Prooedwes to be followed for Comm,,,,i.aI Dri\"eway. aIX! Median Openings or Modificationsl
Available on web site WWwto·fon-bend.lx.US
ID1Q submining
rllu permit applictJ1J'on,l QJ1I StlJting thaI I om the (1Wn~T a/riu's property and 10m aWQr. of and agree 1o abide by
da. Fort Iknd County RtpltJtitHu of Sub4MsilmJ DnQ I am (l'K'ar,of S.crian 2,Item F in Ill, Permits for the Construction of Drille'H'ays
& OiNuU on County ElI$cmmtJ IZJtdRigIr.I 01 Wl2]s in: FDt't Bend CDfmty, llIJQ it r,spotUibJe to oblDin all odau reqllired permiu
Q!JSOtial,d with the a~
mentionea property. Driveway flna Pipe Pvmits sIIall prqtlirM Ihal cOlUlnIc1l'0IIptU"$IlflnllD IN pennit .",ilI be
By signing
commencea.",ithin sa months antl be compleua within nine monlhsfrom rN aale ofdle permit Qlfalhal/ees collected/or saia permit. shall
not ~ refundDble or trans/crable. 1further IlnaersllJJ1dthe permit/u
0/ SljO.OO. in the form 0/ CASH or PERSONAL CHECK or
COMPANY CHECK or QCASHIERS CHECK or MaXEY ORDER pQ)'Qbleto FORT BE"JD COUNTY. must be attached
The 1lI1tkrsigned applica"t. age'" or Otlonl~ hereby certifies 10 Commissioners' Court 10 be strictly bound to Commissioners' Court to
construct the driveway and/or cull'ert in s~'ict conformity wim the plonJ, specijicoJio/lS, terms, provisions and conditions o/tJ,e permit and
any other written matcrial incorporated by reference in this applicalion.
Other permits may be reqllired/or Jt,'elopmrfll. PleaM conltJct thc ForI BcndCoZl"{'l'Road & Bridge Departmcnt/or pipe sizing or thc
Fort BendCOlmty Hca!lh Dtportmroljor information 0I'f On-Sile Sewogt Folcilitypermils priOf"10 p!onningconstruction.
F.iJure 10 possess or obfain rr-quirtd pennils "'W rrsultln
Printed Name
ITV.
06J22nOO4
~,.I.CtiOD
agalDSt Ibr proptrt)· ol't'ner as allowed by law.
<DC-.
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CURVE DATA:
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569.58'
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TANG(NT""'341,81'
CHORD",S
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On this
q
accompanying
Commissioners
Ro.-nson
j 0-;:)..8 -Ol
Court came on to be heard aud reviewed the
S-=--lB~t-==--.... --------------
notice of""'
.Job Location
Dated
, 20 12!L- ,before the
day of J\,\1~\JR.rWV\."),f"/
Fort Bend County
COURT
Bond No.
R~
sg 9-;55 t(
, Permit
to make use of certain Fort Bcnd County property subject
Regulating the Laying, Constructiou,
Maintenance,
to,
No.
II
1:;J..915
A Reviscd Ordcr
and Repair of Buricd Cables,
Drainage
Commissioners
Texas, Under
Conrt of Fort Bend County, Texas,
II
the .Jurisdiction
of the
Conrt of Fort Bend County, Texas, dated the 3rd. day of Angust, 1987, recorded in
Volnme
by Commissioner
ADJUDGED
l\P\fJ
~~')t
AND DECREED
,
~~
dnly put and carried, it is ORDEJ~ED,
that said notice of said above pnrpose
, secondcd
is hereby
Court of Fort Bend County, Texas, aud that said
Notes:
I.
Evidence of review by the Commissioners Court mnst be kept on the job site allli
2.
a) 48 hours in advance of construction start np, and
Mail notices to:
3.
Fort Bend County Engineel'ing
P.O. Box 1449
281/342-3039
This permit expires one (1) year from date of permit if construction
commenced.
;V)rt
By
and approved.
Recorded in Volume
_
Minntes of Commissioners Court.
Drainage Distric(Engineer/Manager
Clerk
Revised 12/22/99
I.\WPf)ATA\LETTERS\PEFtMtnCCPI.A
REV
has not
COUNTY OF FORT BEND
Johnny Ortega
P.O. Box 1449
1124 BlumeRd.
Phone: (281)342-3039
IN FORT BEND COUNTY
082945
PERMIT NO.
Complete Application Form.
/'
'c
_--,,,,L::..-_ c. Plans and specifications.
...~)BO:d:
.,DiStrict Attorney, approval when applicable.
bond currently posted.
No.
§.5''f
_
Amount Sf 50,000,
•
No.
_
Amount
_
Cashier's Check.
No.
_
Amount
_
_~/!:...-_Plerpetual
5~l13
____
____
____
Acknowledgement
before
Date
Date
(4)
d this project and agree it meets minimum requirements.
~
inistrator
['.WPDA T AIPROCEDIPER.· ..ur,Jt.£vtEWFORM
wpd
Date
NOTICE OF PROPOSEO CABLE. CONDUIT AND/OR POLE LINE ACTIVITY
IN. UNDER. ACROSS OR ALONG ROADS. STREETS. HIGHWAYS AND DRAINAGE DITCHES
IN FORT BEND COUNTY
APPLICANrS
5'10/% '1
JOB NO . ....:::....!..:o..!...:...::'---
PERMIT No.
_
PCT. No.
_
BOND No.
_
"..:S='B"'C=_....,----.,,,-_-..,.....,----.,---.,_,....,,.........,-_-,-
_
Formal notice Is hereby given that
proposes to lay, construct, maintain and/or repair cabte. conduit and/or pole Nne, In, U1der, across, or
along roads, streets. highways and drainage ditches in Fort Bend County, as follows:
Road or
Ditch Name
Distance & DIrection From
Length of
Bored: Jacked: DrIven: case
Crossing
Road or
Dttch Name
Nearest Intersedlon
:
To
: Distance
General Description
pU\C..€,
But! en Yl p PtlL CAeL£ '1JfD
fA w;;tRMj(
vJq.T
S cc7
The Location and desa1ption of the proposed Installation and appurtenances
Is more futty shown on the
attached detail drawings. The laying, construction, maintenance and/or repair of the proposed Instsllallan
shall be subject to "A Revtsed Orller Regulating the laying. Construction. Maintenance and/or Repair of
cables. Conduits. and/or Pole Lines. In. Under. Across. or Along Roads. Streets. Highways and Dnllnage
DItchas In Fort Bend County. Texas. Under the JUI1sdlcllon of the CornmlsslonOB Court of Fort Bend
County. Texas; as passed by Commissioners Court of Fort Bend County. Texas, dated the 3rl1. day of
August. 1987. recorded In Volume 639 of the Minutes of the Commissioners Court of Fort Band County,
Texas.
Wrilten notices are reqlired: 1) 48 hours In advance of slart of co_on
compteta and ready for final inspection.
M~'tc:
and 2) when construction Is
Permit Ad!!!!nlstratcrtFort Bend County Engineering
P.O. Box 1449. Rosenberg. TX n471.
shaH constitute
grounds for job shut down.
COM'lfN":
S_~-,C~~
NAME: ---A__
_
?Kt.1Jt.Jl N'M/ @CVt.~.F£.,NTand/or OWNER
(SI9Oa_)
LM ta'M2:&\,U..,:'t
NAME & TITLE:
(PleasaPrinl)
, O-?'I-oy
III0
LOUISe..
(Slr •• UP.O. Box)
(LosQ..iJoc,"
Ix
City
TELEPHONE NO:
Stat.
Zip
dS/-3
'f l-lt.30'f
_--";=:'-';;:"':"':'."--"':;:':"'::-:-....,........,,.,-_
(accessitja 24 hrslday. 7 daysJweek)
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q
On this
day of
!lout "",tQ.r
,20
COURT
0 t(
, before
the
reviewed the
~!:t:zru:..-~.di~"p..:cl~~~
Job Location __
Dated ~
Bond No.
_.l6'-~<-.L~..u...,,--
_
__
,
Permit No.
to make use of certaiu Fort Bend County property subject
Regulating
Maintenance,
<[;;.JI '!~
Condnits and Pole Lines, In, Undet', Across or Along Roads, Streets, Highways and
Drainage
Commissioners
Texas, Under
the .Jnrisdiction
of the
Court of Fort Bend County, Texas, dated the 3rd. day of Angust, 1987, recorded in
Volume
Texas, to the extent that such order is not inconsistent wi~~ Article 1436a, Vernon's
~.er:>
Texas Civil Statues. Upon Motiou of Commissioner
<,,~~I\O'N\
by Commissioner
ADJUDGED
AND DECREED
,duly
, seconded
is bereby
Notes:
1.
Evidence of review by the Commissioners Conrt must be kept on thejoh site and
2.
Mail notices to:
3.
P.O. Box 1449
281/342-3039
commenced.
By
-L----"'---
_
has not
and approved.
Recorded in Volume
_
Minutes of Commissioners Conrt.
Cieri. of
0
missi ners Court
By ----.l...Idr:J.&lI(l.l..l~u...:.JL....Deputy
Revised 12122/99
1:IWPPATAIl.ETTERS\PERMInCCJ>LA
REV
COUNTY OF FORT BEND
Engineering
Department
Johnny Ortega
P.O. Box 1449
1124BlumeRd.
Phone: (281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
082946
__ ---'L'--_
(1) Complete Application
_---"/0...-_
(2) Bond:
Form.
,.a. Name of road, street, and/or drainage ditch affected.
___ /'__ b. Vicinity map showing course of direction.
__ ~./__ c. Plans and specifications.
Date
Acknowledgement
before
Date
(4)
---U-hkL
Date
I.\WPDAT A\PROCEDIPERMIT\RE
...1E ....'FOR..'A. wpd
r&BfP,~M~....t:Oy&HING
AI.w,:t\!.~U~
CONDUIT AN,WQn,till.t;..J.J~,!5
ACTIVITY llj, UNl)~I~.
"oms:; oJt ~WNC fM!.IJENU.QJUN'r\·l\lU\rui
AllTnOlU7,ltO
l'lOND NO 69798585
Effective
Date:
October
TnES1'A'r~OFT£XAS
§
25,
2004
KNOW ALt MEN II\' THf,SF.l'n.:SEN"rs:
§
COUMTYOF 1I0RT DlI:ND
TltAT W~
Mission Grove LP
,..hfl~C~lllIrrs"
Blvd.,
Bellaire
• 1'L~jl!t,f.~~.,Jnnflnenllcd.lh" I'rln"fpnl.
nl1dWESTERN SURETY CQv1PANY
• l' CnY'pnr:lliclll c::li~lin~ 'Indcr nmlll)' "'flu" nf Ihr II'\I'~
uflheSh,lent
SD
1I1\'hulllurb;ed 10 dn,l\1\hl(len,nlrrl~" hmlJ't~~ In II,,; SI:\(c o{Ttxa~, nnll
wllooeprOlel!,lIl Clfficlll~ 1l1c~ltdIll. 101 S. RliJ..l:ipllM=.,
S:it:ux Falls , ~-hn.~c tlmc"r rt"l1hlln~
L.>nm ~~~,~'It;td
fll*=~rcn~1!~l~
II~U5hrllllltlli wlrllin 'ltld Sblt
I;
nnl1wlln,.e IIlIt~rtn b ~,
~.,
• ~';'ll"r"inlli'le,.. "',llell 'he SlIfel)'.
om! held Ifl1d llrml)' bOlllld,an'l>, 1~\'llCrl I~ Ilebert. Cllll'n.)' .Incllte "f Fori lltncl C'llInl~', 1'1:-'~:o,or
IJIUllttU"1I1'1 In o<mee,ln lhilr\lll~l1mDJl'ive Thousand and no/100 llnlln~($2,OOO.OO
)
~U'rrtl". lawful'mllnc,' nfll .., Uhfl~ 5.ltl~~n r Alncrica, 10 he raid tn.,nitll~l)f,~rl E. Jleben. ermalf
,J\ldg~ of Fal'l Dcno! Com"', Texu, M hlnllce~q,,,l'l1 in ..mee,IO whkh IHIYJllclI1 "'ell :,.,ul 1",11' to
he mltlle ltml Iiolle. 'n'e. Ille IInrler,igneu"
hInd ""t~cl\'~ :md nelt or U~, llll" hcltf, C:t.:tl·lItn,'~.
ftlltnilllstrlTlon, 5I1eces~n",,1I~JIJln~ :In,1 kWll ",pl'fllclllall\'es,j"inU~' :llld ~c'·er~H~.. h)" thtse llre.qenls.
I, 5231 Bellaire
tw!
p"
1111;;CDNnlTION OF 'flffS nON') IS SUCH 1'H,\T. WllJl;m~M;. II,C RIlIlI'" hnllllllcn
,'J'lndl,'Dl ClIlIlffllplllt"s 10)'lllg, "lIn!h'ntlin~, IIlnihlRllIht~ ;llIIlInr reJOlIlrin'~ flnt or IIlllre tnhlt~.
cnnd"il., !Imlflll' pole lilluln,III1,I!cr', nt'l"n~ullllt"rnlnllg rnlltl5, ~\rte'5 1ID1111Iltlm-JI~',lilll,,, Con'll)'
of 1"/111n"rid, fine! III" Sll'lle DrTo:cos. 1111<101' Ihe jllt'bdlcll,n, "r II, c ('O",I\II~5tllfler:o;' em,r!' of 1:"11
lJ~lt.rCounly, Tc:co$, (JUUltnnl III the Conlml:~~i'tll~"~'Com"! "",Ier 1l,1"I'I'Id nn Ille .1sl dl1)' or
llit~~. A.D.l2BI1. re~o,.i1etllll V.,l\lmt U. Of'lllt! Cil"l\ui5~hl!1t!r~'Ct)11\1Milllll~ nf :tt\ll'llltDtl
County. T elliS, rCl\'.'~llng:S11mt!..wr.It!1IComm;~~ilm"",,' C~"'It'1"r,kr l~ 1I• ...,h,· rllfer,.",1 I" n ,,,I mAd"
R
hcrt1'l' fl)r "II fmrpMC$ .,~ rh""~h
fllily ~el -ntllh ~,.c1I1;
1"""
"NO \V1It~'lttAS. Ih'll'rlae;lIRlllc~lrc~ In (lnll'idt I'url /lrml Cmmty willi n fI~I'rllnllR1YCe
hnnd co,-crlll!!: ;tllsllch en"'c, cnndnil ~nrl/ln' pale !In. nelll'ley;
Now, 11tEIU;:J'ORF;,lttllc nbn"e llllunclen prlncllml ,hllil t:lHhTully plltr"nn Ittl il~ caltle.
(tlllltuil 1I11lltnrt\Clle lille ndh'lty {ltltl,,"lng, bill, fint llmiled In tl\l~layt,,!!. clmSlfllctl<ln. ",,,i"ttn"l\(t'
0,,1I'nr r~l'nlr "fenbles, conduils "Jld/nr!'ule IIncI) ill,Untler. ncnI5~Mtd/aralonl1 rn:I(IJ.,tt'tel~ nnd
h1l!h"'n)'~In flit C(I11nl)' Df Fllrl Ill;\ld unll Sl:ll~ of 'I'c~II~. under Ih" jlll'l.tllellrlll ~r IIle
Co",ml~~lolle ... (;0"1'1 :ofro.,rl non,)
nil" '·t~n.
1l1l~II~nl' III llnd IIllIcellrllllllce ",Ill, mltllmllOl
1'l"'llliremenI3Ilnd
tuntlllh,.,13 of tI,t ab~ .. c> ".nlinnt'"
ClItIlllfl",l"nrtll' C""I'I " ..d.,. ~.l (0,",,1'1:.. ,,1
~rC1CUi~' 10 It¢ by' ~lIid prlnt!Il:lf IIlIlIt 111111
)Il!rrtlr~ll,
fil 1lI~ 11m" oml In 'll" Illtlnner lh"rdn
ApreHied, lInd ~lt:llll'\l)' O\'I!r :l1l,lm"ll" !:l>fld ~tld,relmhllT"$r F',rl Ill'nd (;(1''''1)" .ntllfllOA n ncl11;tnmne:;
IThfel. forI Dend (/Ill"!}' m~~' AiJ~llllf\ II" r.O!MOl of JIll}' fniln!'e 01" defntrl' IlII Ihe Ilnl (If .,,,iel
l,ril1til1"l, IhenIM"'Ill)liantlnnAhnn be IItitllllld \'"IlI,nthcl"i~.111 f.1I\1I11\111fI,1I Curet 111111erred,
em.
Thl~ bond to (l"ynblt
at Ih" CIl'OIlI)' ('l1l1rlhlllUt in Ihe CtlOllly nf 1'111'1lien"
01"11SI~le nr
Tern ...
Ill. IInd.",food Ih,n:t t nn~' lime ForI U~hd COlln~' "Cttl1l' 1I~1r In!lcclfre Itn 01.,' Illl~ hOlld, it
nlAYr«IQin·!\trllter
~ndl~r nddlllnnni lll)l1d.~MIlle princiJ1ftl,
EXEcttn;n this
26th
tiny or October.
20 2!...,
Mission
Grove LP
PIlIi'lCJf'M,
~
~
~
:T"I'\Jl'ITIlI>lV
~Y
WESTERN SURETY COMPANY
~
I", M~CIL
POWER OF ATTORNEY
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Fiorida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
E,
Whelden
,
State of ~~uth
,__ of ~Aou".,Xa].l?,_
,its regular!y elected
Dakota
West
Virginia,
_,
Assi c:tanr
c:::"',-.re.ta.:::y
_
..
as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge
and on Its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
,
and deliver for
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of taw or
equity, polici!1$,jn~emnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
fideli~~~~~'~~f1~#_in
all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
waiv$~O~odify'ol,q.~ or extend any bond or document executed for this Company, and to compromise and settle any and all claims or
de~'mad,a-"C~xistibfrjaainst
said Company.
" ""..- ""("
'1' AI ,,'" ;; '"
surety/~~~
further certifi~s that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
c£~apyduly adopted a~~!" in force, to-WIt:
§tiY~m
'\ B:'~§'f; ~~o/
Powers of Attorney, or other obligations of the corporation shall be executed in the
Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
office~"~;tfli'"' it\9f'15irectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoi~t/;i(ft6ttfl!Vs-in-Fact
or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
co~~e,of.·"
*Jolicies,
undertakings,
~panyby the President,
In Witness Whereof, the said WESTERN SURETY COMPANY has caused
Senior
Vice
President
with the corporate seal affixed this
26th
2004
a. U(i~,-.~_
ATIEST
Assistant
these presents to be executed by its
day of ~o",b",e",rL.
_
OMPANY
By
Secretary
~~LU~~_EJ.T~~If:.~=
__
PautT.
nior Vice President
STATE OF SOUTH DAKOTA}
55
COUNTY OF MINNEHAHA
On this
__
.£9tL
__
day of
Paul T,[\[lJflat
October
, 200.9
and___
,before me, a Notary Public, personally appeared
A Vietor
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as
Senior Vice President_
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
+.,.,.,.,&0,.,.,.,.,.,&0,&0, ..... .,.,.,&0, ..........
~
D. KRELL
I
., +
~
I
:~NOTARY PUBLIC@~
I
SOUTH DAKOTA
I
I
+
&0, .,.,.,.,
My Commission
.,
Expires November
I
+
30, 2006
Notary Public
C'NASURETY
•
IMPORTANT NOTICE
To obtain information or make a complaint:
•
You may call CNA Surety's toll-free telephone number for information or to make a
complaint at
1-800-331-6053
•
You may also write to CNA Surety at
P.O. Box 655908
Dallas, TX 75265-5908
or
P.O. Box 5077
Sioux Falls, SD 57117-5077
•
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at
1-800-252-3439
•
You may write the Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
•
PREMIUM
Should you
contact the
Department
•
ATTACH THIS NOTICE TO YOUR POLICY OR BOND:
This notice is for information only and does not become a part or condition of the
attached document.
Form 1929-9-2004
OR CLAIM DISPUTES:
have a dispute concerning your premium or about a claim, you should
agent first. If the dispute is not resolved, you may contact the Texas
of Insurance.
PERMIT DEPARTMENT
CONSTRUCTION OF DRIVEWAYS AND CULVERTS ON COUNTY EASEMENTS AND RIGHT OF WAYS
ROSENBERG, TX 77471
(phone) 281-633-7502 or 7503· (Fax) 281-342-7366
1l~
qL(l,
Application No. -,,~t.a;:::....;,....,.:..~-
(Couty
Applicant Name
fY\1'SS'10"",, G"N>VE: LF
5 2. 3 I (?,f;l.LAII\.C
Home Phone
____________
Zip
Daytime Phone
.;;SA~!.:M:il.'i:~
Property Owner's Mailing Address
...!.7_7~4-0!...:::-.L/
832.-<O'6]-/OctD
_S=IG~M:J..';l:,--
_
Zip
0crwt:£N
Subdivision
LAJ<r.s
_
Phone
State __________
City
M~{;It'", M~N"lro£'n.
f3 L.VD
StateD<-'-c-
GCl.-l..F</R.f:.
City
:JO"'~TI4Arv
u.. Oldy)
OF MISSIoN
Gn:OVC
See
Lot
5
ans
l?r lO
Blk
:3
Physical Address
_
(ATTACH A SITE MAP)
SITE USE
o
o
Culvert Only
DRIVEWAY REQUIREMENTS
Length
10'
mt"hmun
gnd
36' mqximum
Number of dnves
(See· Fort Bend County Procedures to be fuUowed fIR" Commercial Driveway, and Median Openings or Modifications)
Available on web site www.co-fort-bend.tx.us
By signing and submitting this permit applicaJion, I am staling that I am the owner 0/ thi.J property and I om aware 0/ and agree to abide by
the Fort JJmd COfIIIty 1t4"ltdIiJIts ofSubdlvIsiou
and I am aware of Section 2. Item F in the PrtmIIs lor tlae CtJIISInld1tNl 0/ ~s
& CIlMrt3 011 COIUIt)'EtUmteItts pd Ript of Ways I" Fort Bmd COlinty, and is respomible to obtain all other required permits
associated with the above mentioned property. Driveway and Pipe Permits shall provide that con.struction pursuant to the permit will be
commenced within six months and be completed within nine month8from tlu! date qfthe permit and that/ees collected/or said permits sha/l
not be refimdable or transferable. I further understand the permit fee 0/ S150.00, in the form of CASH or PERSONAL CHECK or
COMPANY CHECK or Q CASHIERS CHECK or MONEY ORDER payable to FORT BEND COUNTY. mfISt be attached.
•
The undnsigned applicant, agent or attorney hereby certifiea to Commis3ionertl' Cowl to be strictly hound to Commissioners' Court to
tlte driveway and/or cuJvert in strict eotrfOl7lti/y with the plans, ~cifieatiom.
teTIfU, provision.! and conditiom of the "emut and
C01ISIrIICt
•
Other permits may be required/or development. Please contact the Fort Bend COllnly Road & Bridge Department/or pipe sizing or the
Fort Bend Counly Health Department/or ilfformation on On-Site Sewage Facilily permits priOr to planning construction.
•
FaUure to
PriDted Name
rev. 06122/2004
po8SeSI
or obtain required permits will res."
in legal action apinst tile property
owner as allowed by law.
-<.
"
----- --------- --
37
S
S 85"22"15- E
32
160.00
--
-
•8N
..
CD
0).
p~
N_
il
/-bt:.1\Y)t;"S (I...~
-------------H
..
Oln:r 4J" [
-
1171.85'
N
"2.0'
1'000-
8UIlDING tJNt
-------5(1'
......
s OO'12'tr
w
-
s
g
Ji~ Ii
_!I§~_G~
__ ~
•
&72
---
----
•
z 8
;.
•,
S 00"12'18"'
W
227.54
16
~ir
i,s ~
• 1 I~
a~W
IIi ;
,
I
f!
~
00'I!'4F' E-
\S.s
q
On this
Fort Bend County
accompanying
Commissioners
otL
/1- (,
'2>4'\" oJlC-<-Bond No.
,20 ~
, before the
notice of
Job Location
Dated
JJo0~kk
day of
COURT
S B e.-lOowk
tIa;J
5<b q 35"$"£{
, Permit No.
Regulatiug the Laying, Construction,
Maiutenance,
1;;)41'[
and Repair of Bnried Cahles,
Condnits and Pole Liues, In, Under, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort
Commissioners
!lend Connty,
Texas, Under
the Jurisdiction
of the
Court of Fort Bend County, Texas, dated the 3nl. day of Augnst, 1987, recorded in
Volume
Texas, to the extent that such order is not iuconsistent
,\;&1 AI"tide
Texas Civil Statues. U~on Motion of Commissioner
by Commissioner
ADJUDGED
U-\-A~\I\..o~\i~
__ ,
AND DECREED
1436a, Vernon's
\ ,\~
, scconded
duly put aud carried, it is ORDERED,
is herehy
Notes:
1.
2.
Mail notices to:
3.
Fort Bend County Engiueering
P.O. Box 1449
281/342-3039
co
uced.
has not
J
gineer
By
(11/11
and approved.
Recorded in Volume ----Minutes of Commissioners Court.
Clerk
Revised 12122199
I:\WPOA T A\tETTr:RS\rER~
unCCPLA
REV
0
0
mission rs Conrt
COUNTY OF FORT BEND
Engineering
Department
Johnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
082S4~8
__
PERMIT NO.
~
(1) Co~te
____
Application Form.
c
>,/
7
_---".,£/l_
(2) Bond:
~istrict
_--/-L-:....-_
7
____
____
Attorney, approval when applicable.
IPerpetual bond currently posted.
No.
3S5~
_
Amount
II
000.
No.
_
Amount
_
Cashier's Check.
No.
_
Amount
_
5"34
50
Date
Acknowledgement
before
Date
(4)
It /-()L{
Date
I.IWPDA T A\PROCED\PF.RMmREvtEWFOR."l:
wfld
NOTICE DF PROPDSED CABLE, CONDUIT ANDIOR POLE LINE ACTIVITY
IN, UNDER, ACROSS DR ALDNG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES
IN FORT BEND COUNTY
APPLICANTS JOB NO.
PERMIT No. ~
BDNDNo
~5'4
537 So :5 "7
PCT. No.----.;3,,-_
_
=~S~'
;:IB~C=;:-:=::-:==;-::=::-:=C7.:=-;:-=C::-==:-=
proposes to lay, construct, maintain and/or repair cable. conduit andlor pole line, in. U1der. across. or
along roads, streets, hlgtllN'ays and drainage ditches in Fort Bend County, as foHows:
In, Under. or Across Roads andlor Drainage Ditches
Ditch Name
Lenglhof
Road or
Crossing
Along Roads andlor Drainage Ditches
Road or
DItch Name
:
: Distance
To
9SV'
@.. 611.A-(){h l S S I poJ
Genera' Description
PLAce 16v I1m::D CofPoe.- CA6t-e" 9$0' We--ST I1wrn
The Location and description of the proposed installation and appurtenances II more fully shown on the
attached detllil drawings. The la)'lng, construction, maintenance and/or repair of the proposed InstallB'tion
shall be subject 10 "A Revtsed Ooler Regulallng the Loylng, Construction, Maintenance and/or Repair of
Cables, Conduits. and/or Pole Unes. In, Under. Across. or Along Roads, Streets, Highways and Drainage
Dltchas In Fort Bend Counly. Texas, Under the Jurlldlcllon of the Commissioners Court of Fort Bend
CoLmty, Texas," 88 passed by Commissioners Court of Fort Bend County, Texas. dated the 3m. day of
AugUlt, 1987, recorded In Volume 639 oflhe Minutes of the Commissioners Court of Fort Bend Counly,
Texas.
Written nollces are requred: 1) 48 hours In advance of start of construction and 2) when construction Is
Mall 10:
Penoll Administrator/Fort Bend Counly En91neerlng
P,O. Box l044U, Rosenberg, TX n471 ,
Violation of requirements shah constlMe grounds for job shut down.
C~'1fAN~NAME:
~-,J,./
.
SBc
-.
f!Jlvt:'i!.<~and/or OWNER
.
(Slunalure)
NAME & TITLE:
lA>V' aJI\£ 6lJ,ttc i~1.c
(Please Print)
'f
DATE: _.:.....ID--a---o
__
....,......:....
ADDRESS:
_
1110 LOUise
(Stre.UP.D,
lLosaEm.G-CIIy
Box)
l¥
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On this
Fort Bend County
accompanying
Commissioners
,20
Court came on t
0q
, before
the
be heard aud reviewed the
notice of
Job Location
Dated
_N 00 e-wvk
day of
COURT
n
~
~SDvy\
jJ ....
l...o4
Bond No.
B.Sloobq2>Q $qq't/;J1, Permit
to make use of certaiu Fort Beud Couuty property subject
Regulatiug the Laying, Coustruction,
Maintenance,
No.
~tljq
and Repair of Buricd Cablcs,
Drainage
Commissioners
Texas, Under
the Jurisdiction
of the
Court of Fort Bend County, Texas, dated the 3rd. day of AUl:ust, 1987, recorded in
Volume
Texas Civil Statues.
Upon Motion of Commissioner
by Commissioner
~~~~
ADJUDGED
,duly
AND DECREED
\\\~
, seconded
is hcreby
Notes:
J.
failure to do so constitutes grounds for job sbutdown.
2.
Mail notices to:
3.
By
P.O. Box 1449
281/342-3039
Cyo~mE·m:.nleCeeAArd'~
: ~~"
~----"",,=-=
~
~lnt
4/ /.b-
r' ,2U
By
Drainage District EngineerlManager
Revised 12122/99
II WPDA T A\LETTERS\PERMmCCPLA
REV
~
has not
and approved.
Recorded in Volume
_
COUNTY OF FORT BEND
Engineering
Department
Jobnny Ortega
P.O. Box 1449
1124 Blnme Rd.
Phone: (281)342-3039
IN FORT BEND COUNTY
PERMIT NO.
082945 __
___
-,,-c=mc?
__
--"~'--
(1)· Complete Application Form.
/'
C
_----,>~/'--_ c. Plans and specifications.
(2) Bond:
~istrict
Attorney, approval when applicable.
__ ..f./'---_ 1Perpetual bond currently posted.
No. \ '\ $ \QO<ct+2q~~1
Amount .100,000 .
•
____
No.
_
Amount
_
____
Cashier's Check.
No.
_
Amount
_
Acknowledgement
Date
Date
(4)
viewed this project and agree it meets minimum requirements.
dministrator
I\WPDA T A\PROCEO\PER.'lifIT'.REVIEWFORM
wpd
before
IN FORT BEND COUNTY
APPLICANT'S JOB NO .,,----;:c;o:;::--;-;---,---PERMIT No. 7{¢ q'ff"(
PCT. No. -.L~l__
BOND No.
1I~<j8tfql fllfl.
Formal notice is hereby given that _-'-T"'im"'e"-'-W"a"'r.:-:n"'er'-C'7:0"'m"'m"'u"'n"'ic"'a"'t"'io"'n"'s.,...--_.,...--.,...--.,...-__
,..._
proposes to lay, construct, maintain and/or repair cable, conduit and/or pole line, in, under, across, or
Jr~ooJ
Riverpark West See 7
Road or
Ditch Name
9/27/04
Nearest intersection
Length of
Crossing
: Bored :Jacked :Driven :Case
Road or
Ditch Name
Ransom Rd. north side
To
: Distance
75' east of the intersection' of
395' east
proposed Madera Canyon Ln. :
: 395'
General Description
Bury a CATV cable on the north side of Ransom Rd" 75' from the intersection of proposed Madera
Canyon Rd. trenching 395' east.
shall be subject to "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of
County, Texas," as passed by Commissioners Court ot Fort Bend County, Texas, dated the 3rd. day of
Texas.
.
Written notices are reqUired: 1) 48 hours in advance ot start of construction and 2) when construction is
Mail to:
COMPANY NAME:. IlfIle Warner Communications
.
AGEN~Ta d/or OWNER
---/--:/-",,-,
=~zq~~
(Signature)
NAME 8, TITLE: Mc~,,,,:c,",xlln.~;;:.,(;;-1.'.~·.!.:';0,,,h-,;c;;:d';;YL;;- _
(please Print)
DATE:
_
7_72-,-\
8590 West Tidwell Road
ADDRESS:_----''''''''''-''=''--'-;~~o"",:<_-----_
(Street/P.O. Box)
Houston
TX
City
TELEPHONE NO:
77040
State
Zip
-,7-,1."3-""8,,,,95,,-.....
12:;-1,,,3,-:::-:.,-.,...,---:::-7'"---:_-:-:-_
(accessible 24 hrs/day, 7 days/week)
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REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT
On this ~
day of
Fort Bend County
01
,20
' before the
Commissioners Court eame on to be heard and reviewed the
accompanying notice of
Le COY[ , Jdt."
1)C't-&ee--{tk.--·-------------Bond No. 6;J..S;;lOVS q
, Permit No. ~ 9rf7
.Iob Location
Ilated
~mJe.rNk
11- (---Ol.(;
to make use of certaiu FOI't Bend County property subject
Ilegulating the Laying, Construction,
Maintenance,
Conduits and Pole Lines, In, Under, Across or Along Roads, SIJ"eets,Highways and
IlI"ainage Ditches in Fort Bend County, Texas, Under the .Jurisdiction of the
Commissiouers Court of Fort Bend Connty, Texas," as passed by the Commissioners
COlII't of Fort Bend County, Texas, dated the 31'(1.day of August, 1987, recorded in
Volume
of the Minutes of the Commissioners Court of Fort Bend County,
Texas Civil Statues, Upon Motion of Commissioner
s"'S-\-~'\I\O~,
hy Commissioner
~
'\¥:S
,seconded
duly put and carried, it is ORIlEIUm,
AD.JUIlGED ANIl IlECREED that said notice of said ahove purpose is herehy
acknowledged hy the Commissioners Court of Fort Bend County, Texas, and that said
Notes:
I.
Evidence of review hy the Commissioners Court must be I,ept on the joh site and
2.
a) 48 honrs in advance of constructiou start up, aud
Mailuotices to:
3.
Pennit Administrator
P.O. Box 1449
281/342-3039
This permit expil'es one (I) year from date of permit if construction has not
co
enced.
By __
-.J.~~~fjj'e.p..~~~
Ilrainage District
__
and approved,
Recorded in Volume
_
Clerk
C mmiss' ners Court
I
Revised 12122199
I\WPDATA\LETTI:RS\PERMJnCCPI.A
RIJV
COUNTY OF FORT BEND
Engineering
Department
1124 Blnme Rd.
Phone: (281)342-3039
Johnny Ortega
P.O. Box 1449
IN FORT BEND COUNTY
PERMIT NO.
08294"1
_
___ /£-_ ~(I)
__
~/(;"'--
Complete
./'
/"
/'
Application Form .
(2) Bond:
/
Date
ledgement
Date
(4)
I ""'POATA\PROCEO\PER.~t1rREvrE"""FOR."1
wJXl
before
PERFORMANCE
BOND COVERING ALL CABLE, CONDUIT AND/OR POLE LINE
AUTHORIZED
BOND NO--'6.:::25:..:2:.:2.:::59=--- _
THE STATE OF TEXAS
§
COUNTY
§
KNOW ALL MEN BY THESE
OF FORT BEND
4319
PRESENTS:
PINEMONT
THAT WE, LECON, INC.
whose address isHOUSTON, 'IX 77018
,
Texas, hereinafter called the Principal, and SAFECO INS. CO OF AMERICA
, a Corporation
existing under and by virtue of the laws of the State of WA
indemnifying
business
in the State of Texas, and whose principal
office is located at
, whose officer residing in the State of Texas, authorized to accept service in all suits and actions
brought within said State isMIKEaAS..CCOCK
and whose address is P.O. RX8339E{). ~.IX
750$3-3960
hereinafter
called the Surety, and held and firmly bound unto, James C. Adolphus, County
Judge of Fort Bend County, Texas, or his successors
in office, in the full sum of
Dollars ($ 15,000.00 ) current, lawful money of the United States of America, to be paid to said
James C. Adolphus, County Judge of Fort Bend County, Texas, or his successors in office. to
which payment well and truly to be made and done, we. the undersigned,
bind ourselves and
each of us. our heirs, executors, administrators.
THE CONDITION
OF THIS BOND IS SUCH THAT, WHEREAS, the above bounden
principal contemplates
laying, constructing,
maintaining and/or repairing one or more cables,
County of Fort Bend, and the State of Texas, under the jurisdiction of the Commissioners'
Court
of December, A.D. 1980, recorded in Volume J1, of the Commissioners'
Court Minutes of Fort
Bend County, Texas, regulating same, which Commissioners'
Court order is hereby referred to
bond covering all such cable, conduit and/or pole line activity;
NOW, THEREFORE,
if the above bounden principal shall faithfully perform all its cable,
conduit and/or pole line activity (including,
but not limited to the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines) in, under, across and/or along
jurisdiction
of the Commissioners
Court of Fort Bend County, Texas, pursuant
to and in
accordance with minimum requirements
and conditions of the above mentioned Commissioners'
This bond is payable
at the County Courthouse
in the County
of Fort Bend and State of
Texas.
It is understood
it may require further
EXECUTED
that at any time Fort Bend County deems itself insecure
and/or additional bonds of the principal.
this
day OCT.
27TI1
\, ;-
",
under this bond,
of,20~.
:"
OF AMERICA
"
"
'~",
.. /'
"."
A.
t~
\~C\'~" t~~a~web
PRINCE,
ATTORNEY-IN-FACT
Do,um,nts and Imag"IWo,d Do,umen"IEng; eec;ngIPERFBOND.POI.do,
~
SA FEe
SAFECO INSURANCE CCMPANY OF AMERICA
GENERAL INSURANCE CCMPANY OF AMERICA
HOME OFFICE; sAFEeD PLAZA
SEATTLE, WASHINGTON
98185
POWER
OFATIORNEY
O'
No.
KNOW ALL BY lliESE
9863
PRESENTS:
That SAFECO INSURANCE
appoint
...................................
COMPANY
OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,
each a Washington corporation, does each hereby
• .. ·NORMAN E. ADMfS; JOHN A PRINCE; MICHAEL MACOMBER; Houston, Texas .. •••••• .. • ......
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
Issued in the course of its business, and to bind the respective company thereby.
IN WITNESS
WHEREOF,
SAFECO
INSURANCE
COMPANY
OF AMERiCA
and GENERAL
INSURANCE
• ........
• .. • .. •••••••••••
and other documents of a similar character
COMPANY
OF AMERICA
have each executed and
attested these presents
this .;2:.:.7th"-'--
_
day of
...;M=.y'---
W. RANDALL
R.A. PIERSON, SECRETARY
_
,
1999
STODDARD, PRESIDENT
CERTIFiCATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
..Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact
or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any
instrument
making or evidencing such appointment, the signatures may be affixed by facsimile.
On any instrument
conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board ofOirectors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate
executed by the Secretary or an assistant secretary of t~e Company setting out,
(i) The provisions
of Article V, Section 13 of the By-Laws, and
(i1) A copy of the power-of-attorney
appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey
appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. PielSOn, Secretary of SAFECO INSURANCE COMPANY OF AMERiCA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By·Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS
WH~RE;O.F"
I have hereunto set my hand and affixed the facsimile seal of said corporation
this
27TH
_____________
dayof
OCTOBER
2004
R.A. PIERSON, SECRETARY
S-C974/SAEF
7/98
I!> Registered
trademark of SAFECO Corporation.
5127199POF
IN FORT BEND COUNTY
APPLICANTS
JOB NO. :0::::2
......
1",ll"",\'---_---.
PERMIT No.
~lJ7
BOND No.
(0'1..1> 1:2."$ '\
PCT.
__
No.--+I
__
Formal notice is hereby given that c::--=co-;:::-c,:L~6~-,f:"
...ocl~~t::!!IN.3':'-~'':::o-;::--::::;::--;;:~-c:--c:=::-:==---:-,proposes to lay, construct. maintain and/or repair cable, 'conduit andlor pole line, in, Ulder. across, or
In, Under, or Across Roads andlor Drainage Ditches
Road or
Ditch Name
Length of
Crossing
Road or
Ditch Name
AJ ,,,,.../\u...
To
: Distance
General Description
~ '>Il.
'(2.,<1:/"1 R>tLJ:...£ C>
~
,
1
£.
shall be subject to "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of
Texas.
Mail to:
COMPANY NAME:
bh,.,
Q
p.
L£c.o;..j
I
J ~'-
•
ttJT::£~WNER
(Signature)
NAME & TITLE:
VA", I~,- P. Dc.N"'~__
_-""=;""'''''''-;,-,"",-'-=-=--'-'-='-='(Please Print)
DATE:
(:> 1t.B! 1.S><? '-l
--...:.::-r....
<
I
~t-"""=--'-----------
ADDRESS:
4-2' '\ P,,,,,smorn---.:::lI:2.:...J.==~~'£'''F''--'------(Street/P.O. Box)
City
TELEPHONE NO:
State
Zip
('71~ !A'3\ - 4 ~~£.,
---'.;.,:='-"'''''''c::==-:.::''c''''''''''--,----,----(accessible 24 hrs/day, 7 days/week)
I:\Web Page\Pre-web Documents and Images\Word Documents\Engineering\NOTICE.ROW.doc
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On this __
Fort Bend County
accompanying
Nove..w-.bw
day of
Commissioners
notice of
L().NI"eJ
Bond No,
0 t.{
, bcfore
the
Q,mssk Glt'-lf'-C-ol&rt-
Job Location ~,\~
Dated ~
,20
COURT
Et.Jcu1,f
Trwflf1I5)/6Jt~ifj
La i;u/!.J IJ fE__
I
lJ,;l11/;24
,Pcrmit
to makc use of ccrtain Fort Bend County propcrty subjcct
Rcgulating the Laying, Construction,
Maintenance,
No.
at-q51
to, "A Rcviscd Order
and Repair of Buried Cahlcs,
Conduits and Pole Lincs, In, Under, Across or Along Roads, Strccts, Highways and
Drainage
Ditchcs in Fort
Commissioncrs
Bcnd County,
Texas, Undcr
Court of Fort Bend County, Tcxas,"
the .Jurisdiction
of the
as passed hy thc Commissioncrs
Conrt of Fort Bend County, Texas, dated thc 3rd. day of August, 1987, J'ccordcd in
Volume
Court of Fort Bcnd County,
Texas, to the extent that snch ordcr is not inconsistent with Article 1436a, Vernon's
t{\~~
by Commissioner
ADJUDGED
("
2\M~~'v-.lI<
AND DECREED
,duly
\
put and carricd, it is ORDERlm,
that said noticc of said above purpose
acknowledged by the Commissioncrs
,seconded
is hCI"chy
Court of Fort Bcnd County, Tcxas, and that said
notice he placed on record according to the regulation order thereof.
Notes:
J.
Evidence ofrevicw by the Commissioners Court must he kept on the joh site and
failure to do so constitntes gronnds for job shutdown.
2.
Written noticcs are required:
a) 48 hours in advancc of construction start up, and
b) Whcn construction is complcted and ready for final inspcction
Mail noticcs to:
3.
Fort Bcnd County Engineering
P.O. Box 1449
281/342-3039
This permit expires one (I) year from date of penl1it if construction
c
menced.
has not
and approved.
Recorded iu Volumc
_
Minutcs of Commissioncrs Conrt.
n ge District Engineer/Manager
Clerk
By
0
--.l4,AoA.JJ"'UL-~~~'-'..)
Depnty
Revised 12122/99
I\WI'Ill\
1"h\l.lTn'.p.S\PEP.Ml1'\tT\'I.A
l\.1\V
COUNTY OF FORT BEND
Engineering
Department
Jobnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281)342-3039
IN FORT BEND COUNTY
PERMITNO.
082951
_
•
__
/(1)
--"/_
Complete Application Form .
___ /".,....._a. Name of road, street, and/or drainage ditch affected.
___ 7'_' _ b. Vicinity map showing course of direction.
_~",-/,----_ c. Plans and specifications.
(2) Bond:
/'
Date
ledgement
Date
(4)
!\WPDAT
A\PROCEDIPERMIl\REVIEWFORM
wpd
before
PERFORMANCE
BOND COVERING ALL CABLE, CONDUIT AND/OR POLE LINE
AUTHORIZED
THE STATE OF TEXAS
6298129
BOND NO_====-__
§
COUNTY OF FORT BEND
Crosstex
§
~ulf
Coast
2501
Cedar
Springs
11600
THAT WE, Transmission,
Ltd.
whose address is Dallas,
TX
752ql
Texas, hereinafter called the Principal, and
co lnsur ance Company, a Corporation
existing under and by virtue of the laws of tiE tate 0
WA
indemnifying
business in the State of Texas, and whose principal
office is located at Seattle,
, whose officer residing in the Slate.of Te"~d'authOrized to accent ",ryicNe in 'ill iqit~ and aftioJls
...
. ~[;eon L;rOCK~ t
dd
. "lbUU
• Co.l..l.lns B vd.
brOughtwlthmsaldStatelsClajmRe~
an wh osea
reSSIS R'
hBf''tt:ev
7~ggQ '
hereinafter called the Surety, and hed and firmly bound unto, 3Ji.mes ~ !itolp us,ounty
Judge of Fort Bend County, Texas, or his successors in office, in the full sum of
Dollars ($ 5,000.00,
current, lawful money of the United States of America, to be paid to said
James C. AdolphUS, County Judge of Fort Bend County, Texas, or his successors in office, to
each of us, our heirs, executors, administrators,
me
principal contemplates laying, constructing, maintaining and/or repairing one or more cables,
conduits, and/or pole lines in, under, across andlor along roads, streets and highways in the
County of Fort Bend, and the State of Texas, under the jurisdictio.ll of the Commissioners' Court
of December, A.D. 1980, recorded in Volume 13, of the Commissioners' Court Minutes of Fort
bond covering all such cable, conduit andlor pole line activity;
NOW, THEREFORE, ifthe above bounden principal shall faithfully perform all its cable,
conduit and/or pole line activity (including, but not limited to the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines) in, under, across andlor along
jurisdiction
of the Commissioners Court of Fort Bend County, Texas, pursuant
to and in
accordance with minimum requirements and conditions of the above mentioned Commissioners'
default on the part of said principal, tben this obligation shall be null and void, otherwise to
This bond is payable at the County Courthouse
Texas.
It is understood that at any time Fort Bend County deems itself insecure under tbis bond,
EXECUTED
this
28th
day Octobeif,
20 04 ,
Cr~tex
Gulf
Coast
Transmission,
Ltd.
PRINCIPAL
S .,.,
, -"".....
Safe
0
SURETY
r
,
. : .~
~~I
<:
'. \ \ -C\~ '\
~~MI\
~'.
BY
~~~IPre-web
Pr'i~P,
Debbie
Smith,
Documen" 'nd Imag"IWord Documen"IEng;neeringIPERFBOND.POl.doc
Attorney-in-Fact
WA
SAFECO
POWER
OFATIORNEY
~SAFECO'
'{'~
INSURANCE
COMPANY
OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No. 9866
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a WasMington
corporation, does each
hereby appoint
........... KAE GIBBONS: JOHN D, FL!LKERSON: DONNIE D. DOAN: MICHELE DEGNON: TOM P. ELLIS. IlL \llCHELE MARIE MARIANO: JAMES MICHAEL
RUTLEDGE: DEBBIE S:-,.IITH;Dallas. Texas·· ..••••• • ..• ..•• ..• ..••••• ..•••••••••••••••••••••••••
its true and lawful attorney(s).in-facl.
.
with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this
day of -C.:M,,'"-,
19th
:00...
_
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
MArticleV, Section 13. _ FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided.
however. that the seal shall not be necessary to the validity of any such instrument or undertaking.~
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
gOn any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws. and
(ii) A copy of the power-of-attomey appointment. executed pursuant thereto, and
(Hi) Certifying that said power-of·attorney appointment is in full force and effec!'
g
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the ReSOlution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
28th
2004
October
S-0974tSAEF 2101
@Aregistered
trademarll.
of SAFECO
Corporation
05/19/2004 POF
EXHIBIT 8
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a suretY bond customer of one of the SAFECOinsurance companies (SAFECOInsurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duly to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance", This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses Jy the United States government under a formula
established by this Act.
Under this formula, the United States government pays 90% of losses c<lused by certified acts of terrorism ,hat
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a S100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
Tilis notice does not modify any of the existing terms and conditions of thiS bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of thiS bond or any gener;Jlly applicable rules of law.
At this time there is no premium change resulting from this Act.
m
SA FEe
O'
State of Texas Surety Bond Claim Notice
In accordance with Section 2253.021 (f) of the Texas Government Code and
Section 53.202(6) of the Texas Property Code, any notice of claim to the named
surety under this bond(s) should be sent to:
SAFECO Surety
Adams Building
4634 154th PL NE
Redmond, WA 98052
Mailing Address:
SAFECO Surety
PO Box 34526
Seattle, WA 98124
Phone: (425) 376-6535
Fax: (425) 376-6533
www.SAFECO.com
NOTICE OF PROPOSEO CABLE, CONDUIT AND/OR POLE LINE ACTIVITY
IN FORT BEND COUNTY
4-11 3-01 3
APPLICANTS JOB NO.
PERMIT No.
BOND No.
~1{i1;J,"f
PeT. No.
I
Formalnoliceisherebygiventhal
Crosstex Gulf Coast Transmission,
Ltd.
proposes to lay, construct, maintain and/or repair cable, conduit and/or poae line. in, Ulder, across, or
along roads, streets, highwaYS and drainage ditches in Fort Bend County, as foUows:
In, Under, or Across Roads and/or Drainage DitdleS
Road or
Ditch Name
(See Attached
(See Attached
Evans Rd
Beadle
Ln;
Length of
Crossing
orawiIlQ')
Drawing)
Along Roads and/or Drainage Oitl:hes
Road or
Ditch Name
Lateral
(see Attached
II :FF
Trjbntary
qf
To
Brazos River
: Distance
Drawing)
(See Attached DraWing)
General Desaiption
Northerly
of Rosenberg and Westerly of Hwy. 723 situated
in
Fort "Bend OyJloty
The Location and desaiption of the proposed installation and appurtenances is more fully shown on the
shall be subject to itA Revised Order Regulating the laying, Construction, Maintenance and/or Repair of
Cables, Conduits, and/or Pole Unes, In, Under, Aaoss, or Along Roads, Streets, Highways and Drainage
Ditches in Fort Bend County, Texas, Under the Jurisdiction of the Commissioners
Court of Fort Bend
County, Texas," as passed by Commissioners
Court efFort Bend County, Texas, dated the 3rd. day of
August, 1987, recorded in Volume 639 of the Minutes of the Commissioners
Texas.
Written notices are reqlired: 1) 48 hours in advance of start of construction
complete and ready lor final inspection.
Mail to:
and 2) when construction is
Permit AdministratorlFort
Bend County Engineering
P.O. Box 1449, Rosenbelg, TX 77471.
VIOlation of requirements
shall constitUte
grounds
for job shut down.
{;rosstex
Gulf Coast Transmission,
d--='-. Q
COMPANYN~:
(
and/or OWNER
)
Belo Gajdos,
NAME&nTLE:
Right of Way Agent
(Please Print)
DATE:
october 28« 2004
ADDRESS:
41 4 Lantana,
(StreetIP.o.
Can:ms Cbri sti
City
TELEPHONE NO:
Box)
Texas
State
78408
Zip
361 1946-3786
(accessible 24 hrslday, 7 da~)
I:\Web Page\Pre-web Documents and Images\Wocd Docwnents\Engineering\NOllCE.ROW.doc
Ltd.
PLAN
VIEW -
=
SCALE: 7"
EVANS ROAD
20'
rJ--
EXISTING ,"
CROSST",-P!E!'LIlNE_
-
-
-
'"
~
~~
6.3.328 ACRES
VOL 741, PG. 448
D.R.F.B.C.T.
,PROPOSED CROSSTEX
PIPELINE
-'<I
~.:
!~
1410.69 ACRES
VOL. 362, PG. 550
D.R,F.B.C.T.
I
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..
1
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.-
I
I
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I
PROFILE
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HORIZONTAL
SCALE: 7"
=
I
20'
I
I
I
VERTICAL SCALE: 1" = 2'
EL.90.0'
_ _ _
_._ _._
EL.89.0' -
_._.-.-
_._
_
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-
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·
·
········
-
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ELEVATION AT TOP OF PIPELINE
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__.
.
= 83.0'
ROAD NO. - STATE HIGHWAY 359
TYPE OF CONSTRUCTION - BORED
DIA. 10.75" O.D.
WALL THICKNESS .. 0.365"
MATERIAL SPECIFICATION: X52
MINIMUM YIELD STRENGTH: 52,000 PSI
MAXIMUM OPERATING PRESSURE: 1,200
o
-
.
EL.88.0'
EL.8'7.0········
ROAD
EVANS
I HEREBY CERTIFY THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE, AND BELIEF, AS
SURVEYED ON THE GROUND,
SEPTEMBER 13, 2004.
PSI
PROPOSED ROAD CROSSING
CROSSTEX GULF
TRANSMISSION
COAST
LTD.
I
o
>-
9
a.
ALLEN D. WALZEL
R.P.L.S. # 5458
BLACK GOLD SURVEYING
Be ENGINEERING
Lend &: Oilfield Surveying
2711 West Front 51.
P.O. Box 3416
Alice, Texos 7SJJJ
blockqoldsurveyincjOsbcqlobol.net
Ph. (361) 668-9200
Fox (361) 668-9204
CROSSING EVANS ROAD APPROXIMA
TELY 2B35 FEET N
B4'IO'26"
W FROM THE INTERSECTION WITH HWY.
723 AND BEING OUT OF THE "JOHN FOSTER"
SURVEY, ABSTRACT NUMBER 26 IN FORT BEND
COUNTY, TEXAS. THIS ROAD CROSSING IS LOCATED
APPROXIMATELY 2.5 MILES N 1 r05'
W OF
ROSENBURG, TEXAS.
Completion
Scole:
Dote:
9..23..04
AS INDICATED
Drawn by:
AW
File Nome:
Surveyed
by;
Checked by:
040908
TM
BW I AW IT
PLAN VIEW SCALE:
BEADLE
-
LANE
7" = 20'
1
OVERHEAD
I
.--"L,-
I
POWERLINE
---E~E·------
_POWERUN£ [ASEMENT__
t
7, STATE PLANE COORD.
SOUTH CENTRAL ZONe
,762.32 AND X-J.01D,B49.40
N 02'40'17"
><
W
300.8 ACRES
VOL. 362, PC. 552
D.R.F.8.C.T.
300.8 ACRES
VOL. 362, PG. 552
a.R.t.B.C.T.
PROFILE
VIEW -
HORIZONTAL SCALE: I"
BEADLE LANE
=
20'
VERTICAL SCALE: I" = 2 '
EL.9S.0'
EL.94.0'------~I_------Jl.'_------~_L;..-------___jf_--------
El.93.0' --------1------,~!-----------..J:;:iio;J'iT_----_I----------
EL.92.0'--------+-----M'---------------::;1be-----l----------
EL.91.0'-------JlJiiI---,ldJ'----------------!-bl=!--jf---------
EL.90.0'-------I--::;!dbl;:--I---------------------I---------
T
ELEVATION AT TOP OF PIPELINE
=
86.25'
ROAD NO. - STATE HIGHWAY 359
DIA. 10.75" O.D.
WALL THICKNESS - 0.365"
MAXIMUM OPERATING PRESSURE: 1,200 PSI
...
o
I
'"
SEPTEMBER 13, 2004.
PROPOSED
ROAD CROSSING
CROSSTEX GULF
TRANSMISSION
COAST
LTD.
I
o
CROSSING BEADLE LANE APPROXIMATELY 27 I I FEU
S BlrlJ'
W FROM THE INTERSECTION WITH HWY. 723
AND BEING OUT OF THE "JOHN FOSTER" SURVEY,
ABSTRACT NUMBER 26 IN FORT BEND COUNTY,
ALLEN D. WALZEL
R.P.L.S. # 5458
8(
ENGINEERING
Lend &: Oilfield Surveying
2711 West Front 51.
P.O. Box 3"'6
Alice. Texos 78333
bloc kgoldsurveyingOsbcglobol.net
Ph, (361) 668-9200
TEXAS. THIS ROAD CROSSING IS LOCATfD
APPROXIMATELY 4.4 MILES N B'SO' W OF
ROSENBURG, TEXAS.
Fox (361) 668-9204
Completion
Scale;
Dote:
9-23-04
AS INDICATED
Drown by:
AW
File Nome:
040908
Surveyed by;
TM
Checked by:
BW I AW I T
PLAN
VIEW -
FORT BEND
COUNTY
DRAINAGE
EASEMENT
SCALE: 1" = 40'
PROPosrn
~PU~IN~E~
__
-~-
\
STATE PLANE COORDINATES, NAD27
TEXAS SOUTH CENTRAL ZONE
Y~ 652,919.29
X= 3,Dl0,489.67
I
p
VIEW - FORT BEJ
HORIZONTAL SCALE: 1" = 40'
i;!1
PROFILE
Ii;!
I
I
I
I
I
I
I
I
I
gl
01
t5
EL. 90.0'
I
EL. 89.0'
EL. 88.0'
EL. 87.0'
EL. 86.0'
~
I~:j,
EL. 85.0'
EL 84.0'
:
EL 83.0'
I
Ig
Iffi
en
I
oM:,
iJj;J I
~
f:J.§jt!! :
.
-'J!;;J
,
.
~u.Jti:;-
I
i.!J,
I
-
,
eJ
i
i
0
I
U£VATION
EAS~MENT
DRA/~AGE
EL f3.66'
'"u
"~
AT TOP OF PIPELINE = 79.7'
CROSSING FORT BEND DRAINAGE EASEMENT
DIA. 10.75" O.D.
SEPTEMBER 23, 2004.
PROPOSED
EASEMENT
CROSSTEX GULF COAST
TRANSMISSION
LTD.
~
I
::l
CROSSING THE FORT BEND DRAINAGE DISTRICT
EASEMENT LOCATED SOUTH OF EVANS ROAD. THIS
BORING IS LOCATED APPROXIMATELY 550 FEET
SOUTHWEST OF EVANS ROAD NEAR ROSENBURG IN
FORT BrND COUNTY, TEXAS.
I
o
g
DRAINAGE
CROSSING
ALLEN D. WALZEL
R.P.L.S. # 5458
BLACK GOLD SURVEYING & ENGINEERING
Q.
2711
Land && Oilfield Surveying
West Front St.
P.O. Bo)( 3416
Alice. Texas 78333
blackgoldsurveyingOsbcglobol.
Ph. (361) 668-9200
net
Fox (361) 668-9204
Completion Date: 9-23-04
Scole:
AS INDICATED
Drawn by:
AW
File Nome: 040908
Surveyed
by:
Checked by:
TM
BW I AW I T
PLAN
VIEW -
=
SCALE: I"
--mow
PowmUNE
--
FORT BEND
COUNTY
DRAINAGE
EASEMENT
40'
--EASEMENT
L...----x----x--STATE PLANE COORDINATES, NAD27
TEXAS SOUTH CENTRAL ZONE
Y= 655,223.99
X= 3,011.524.33
PowmUNE
----"=---E------
PROPOSED PIPWNE
I
PROFILE
FORT BEND
VIEW -
HORIZONTAL SCALE: I" = 40'
I
~:
'"
~I
"'I
EL. 91.0'
EL. 90.0'
EL. 89.0'
I
I
1
~
I
I
I
If)
EL. 88.0'
EL. 87.0'
EL. 86.0'
EL. 85.0'
I
\
I
1
I
1
I
-"0:
I
I
'~
I
I
~8
1
1
I
I
ELEVATION AT TOP OF PIPWNE
-
81.8'
CROSSING FORT BEND DRAINAGE EASEMENT
DIA. 10.75" O.D.
SEPTEMBER 23, 2004.
PROPOSED
EASEMENT
CROSSTEX GULF
TRANSMISSION
~
,..,I
I
o
~~iJ~
ALLEN D. WALZEL
R.P.L.S.
5458
#
2711
Lend & Oilfield
West Front St.
c!c ENGINEERING
Surveying
P.O. BOle 3416
Alice. Texos 78333
blcckgoldsurveyin90sbcg
Ph. (361) 668-9200
DRAINAGE
CROSSING
lobal.net
Fox (361) 668-9204
COAST
LTD.
CROSSING THE FORT BEND DRAINAGE DiSTRICT
EASEMENT LOCATED NORTH OF £VANS ROAD AS
RECORDED IN VOLUME 428, PAGE 289. DEED
RECORDS, FORT BEND COUNTY. TEXAS. THIS BORING
IS LOCATED APPROXIMATELY 2,000 FEET NORTHEAST
OF £VANS ROAD NEAR ROSENBURG IN FORT BEND
COUNTY, TEXAS.
Completion Dote: 9-23-04
Scale:
Drawn
AS INDICATED
by:
AW
File Nome: 040908
Surveyed
Checked
by:
by:
TM
BW
I
AW
I
T
BOND NO.
104405512
BOND COVERING OVERSIZE, OVERWEIGHT, OVERLENGTH
AND OVERNIGHT LOADS OVER FORT BEND COUNTY ROADS
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
THAT
WE,
ALAMO
OPERATING
COMPANY,
L.e., A TEXAS
LIMITED
LIABILITY CORPORATION whose address/phone is 8620 North New Braunfels, Suite 416,
San Antonio, TX
78217/ 210-829-1423
as Principal, and Travelers Casualty and Surety
Company of America, a Corporation existing under and by virtue of the laws of the State of
Connecticut and authorized to do an indemnifying business in the State of Texas, whose principal
office is located at One Tower Square, Hartford, CT 06183 , and whose officer residing in the
State of Texas, authorized to accept service in all units and actions brought within said State is
JULIA
MILLER
and whose
address/phone
is
1301 E. COLLINS
BLVD.,
STE 340,
RICHARDSON, TX 75081; (214) 570-6378, as Surety, are held and firmly bound unto Robert E.
Hebert, County Judge of Fort Bend County, Texas, or his successors in office, in the sum of
Fifty Thousand and no/lOO , ($50,000 ) to the payment of which, well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, and assigns.
The condition of the above obligation is such that the said
ALAMO OPERATING
COMPANY, L.e., A TEXAS LIMITED LIABILITY CORPORATION, as Principal, will make
payment to Robert E. Hebert, County Judge of Fort Bend County, Texas, or his successors in
office, for any and all damages that may be sustained to any road, street, highway or bridge under
the jurisdiction
operation
of the Commissioners' Court of Fort Bend County, Texas by virtue of the
of
ALAMO
any
vehicle
OPERATING
CORPORATION,
or
vehicles
COMPANY,
L.e.,
or
A
equipment
TEXAS
by
LIMITED
the
said
LIABILITY
for which permit is issued by the County to operate under the provisions of
TEX. TRANSP.CODEANN. U 623.011 (Vernon 1995).
NOW, THEREFORE, if the said
Ctj(\".
tl .L.
ALAMO OPERATING COMPANY L.C, A TEXAS
\V\·~~
-:W\S\.u
A!amol\qperating Fort Bend County BONDosowoLdoc
"1(.,,1\ l\ "\>0> '.
K\~
~~
LIMITED LIABILITY CORPORATION
shall pay to Robert E. Hebert, County Judge of Fort
Bend County, Texas or his successors in office, for any and all damages that may be sustained to
any road, street, highway or bridge as above recited by virtue of the operation of any vehicle,
vehicles or equipment under the provisions of the law referred to above during the period of time
for which such permit issued, then this obligation to be null and void, otherwise to remain in full
force and virtue it law.
Dated this 2 I st day of October
~
APPROVED this
ATTE~.
~7Y~Dianne Wilson
County Clerk
, 20 04 .
~W
2-tSt day of .oetobe1 , 20-"0,,,4_-7"'''-
...J...
By:~~~~~~~~~
Robert E. Hebert
County Judge
__
AlamoOperating Corrpany,L.C.,
a Texas Limited Liability Corporation
PRINCIPAL
f
.
BY~~~
Signature
Travelers Casualty and Surety Corrpanyof Arrerica,
a Connecticut Corporation
SURETY
Alamo Operating Fort Bend County BONDosowoLdoc
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER
OF ATIORNEY
AND CERTIFICATE
OF AUTHORITY
OF ATIORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS,
THAT TRAVELERS
CASUALTY AND SURETY COMPANY OF
AMERICA,
TRAVELERS
CASUALTY
AND SURETY COMPANY
and FARMINGTON
CASUALTY
COMPANY
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford:
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Christopher H. Nohle, Joshua C. Betz, Lisa Busker, Diane M. Dasinger, Steven Foster,
Robert Gavos, John L Hall, Betty Johnson, David S.J. Wightman, Angela Ohnesorge, Florence McClellan, Dana Curtis,
Kelly Coleman, Bruce E. Young, Tiffany S. Lomax, Lisa Longmire Rinker, Misty Koslosky, Sarah Heineman, Robert J.
Russo, Joseph R. Aulbert, of Houston, Texas, their true and lawful Altomey(s)-in-Fact,
with full power and authority hereby
conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s):
by hislher sole
signaru,e and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and
to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)in-Fact, pursuant to the authority berein given, are hereby ratified and confirmed.
'"
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOlED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate S=elary or any Assistant S=etary may appoint Anomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certiflCllteof authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him. or her.
VOlED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the S=elary.
VOlED: That any bond, recogni2ance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate S=elary or any
Assistant S=etary and duly attested and sealed with the Company's seal by a S=elary or Assistant S=etary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power
authority of
COMPANY
COMPANY,
of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by
the following Standing Resolution voted by the Boards of Directon of TRAVELERS CASUALTY AND SURETY
OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON
CASUALTY
wbicb Resolution is now in full force and effect:
VOlED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any S=etary, any Assistant S=elary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(05-04) Unlimited
IN WITNESS
WHEREOF,
TRAVELERS
CASUALTY
AND SURETY COMPANY
OF AMERICA,
TRAVELERS
CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of June, 2004.
STATE OF CONNECTICUT
}SS. Hartford
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
George W. Thompson
On this 1st day of June, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that helshe is Senior Vice President of TRAVELERS
CASUALTY AND SURETY COMPANY OF
AMERICA,
TRAVELERS
CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that helshe knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that helshe executed the said instrument on behalf of the corporations by
authority of hislher office under the Standing Resolutions thereof.
My commission
expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS
CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON
CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
fort/dn the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut.
. O:::-\=I:X
r ,2ooy.
Dated this
BY~~
Peter Schwartz
a
I 'SI-- day of
RELEASE
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S)
COURT:
AUTHOlt:IZAT:ION
CAN BE RELEASED
check one or more documents
per project
$ 174,800.00
# 3SMOOl928
PRINCIPAL:
SURETY:
UPON ORDER OF
Westbrook Cinco East. L.P.
American Motorists Ins. Company
BOND RIDER
#_-----------
$-----------
Name :
_
LETTER OF CREDIT
#_-----------
$-----------
Name :
_
OO'HER
#_-----------
$-----------
Name:
CONSTRUCTION
PROJECT
(Name or location):
C:INCO RANCH I'M 1093
TRACT
RELEASE DOCUMENT(S) TO THE FOLLOWING:
Ms. Roxanna Weishuhn
Newland Communities
10235 W. Little York Rd., Suite 300
AGREED:
/
~~.
~
4U~.""'J
COUN Y
COMMISSIONER,
PRECINCT
wpd
_
GINEER
COURT~,l~~~~rr:~;::=~=
DATE
y
BY :_~~~!l!....l~loL!....:..~;"""
Deputy County
lerk
I:\WPDAT AIPROCED\DEV\reIeaeeftm....dOl.
#
_
DIANNE
WILSON,
Ph.D.
COUNTY CLERK
301 Jackson 51., Richmond, TX 77469-3108 (Main)
303 Texas Parkway, Missouri City, TX 77459 (Branch)
(281) 341-8685
W\VW .CO. fort-bend.tx.us
Admin.
Civil
Criminal
Recording
Fax (281) 341-8697
Fax (281) 341-4520
Fax (281) 341-8681
Fax (281) 341-8669
November 17,2004
NOTIFICATION OF RELEASE OF BOND
A release order has been issued by the Fort Bend County Commissioners Court for
the following:
BOND#
3SMOOI928
$174,800,00
SUBDIVISION
Cinco Ranch FM 1093 Tract
PRINCIPAL
Westbrook Cinco East, L.P,
SURETY
American Motorists Insurance Company
RELEASE TO
Ms, Roxanna Weishuhn
Newland Communities
10235 W, Little York Road, Suite 300
Alicia Yeoma s
County Clerk' Office
cc:
BOND
NO. K07044926
§
§
§
THE STATE OF TEXAS
COUNTY OF FORT BEND
THAT WE, WESTBROOK
whose name/ address/phone is --
CINCO EAST, LP
10235
W. Little York Rd., Ste. 300, Houston, ......
TX
77040
......
==....:.:."'--"==-...,,===~'f::if.i';?~*==
"'-'-.!....!.C='-
_________________
Westchester
713-575-9000
"Texas, hereinafter called the Principal, and
Fire Insurance
Company, a Corporation existing under and by virtue of the laws
of the State of New York and authorized to do an indemnifying business in the State of Texas,
and whose principal office/name/address/phone
is located at 140 Broad
St., 4151 FIr., New
646-458-7054
State of Texas, authorized to accept service in all suits and actions brought within said State is
Marie Tithof, ACE INA (company and name), and whose address/phone is 2716 Birmingham
Briar Drive, Crowley, TX 76036 - (817) 297-7744, hereinafter called the Surety, and held and
firmly bound unto, Robert E. Hebert, County Judge of Fort Bend County, Texas or his
successors in office, in the full sum of One Hundred
Seventy Four Thousand
Eight Hundred
and 00/100 Dollars ($174,800.00) current, lawful money of the United States of America, to be
paid to said Robert E. Hebert, County Judge of Fort Bend County, Texas or his successors in
office, to which payment well and truly to be made and done, we, the undersigned, bind
ourselves and each of us, our heirs, executors, administrators,
successors, assigns, and legal
representatives, jointly and severally, by these presents.
WHEREAS, the said Principal is the owner of the following Subdivision(s):
CINCO RANCH FM 1093 Tract
Located in Fort Bend County, Texas; and,
WHEREAS, the Commissioners Court of Fort Bend County, Texas, has promulgated
certain rilles, regulations and requirements relating to Subdivisions in Fort Bend County, Texas,
te.M·. \V\-O,-\
~~
t-C\
\1>".
.\5)(
~D~TK"ROCED1ROW/BoNDrevisedo81JBC
1
as more specifically set out in "Fort Bend County Subdivision Platting Policy" as amended; same
being made a part hereof for all purposes, as though fully set out herein; wherein it is provided,
among other things, that the owner of a Subdivision will construct the roads, streets, bridges and
drainage in the right-of-way depicted on the plat thereof, in accordance with the specifications
set out therein, and maintain such roads, streets, bridges and drainage in the right-of-way until
such time as said roads, streets, bridges and drainage in the right-of-way have been approved by
the County Engineer and accepted for maintenance by the Commissioners
Court of Fort Bend
County, Texas (or in the case of subdivisions, streets or roads designated as private in the plat
approved by the County Engineer and accepted by the Homeowners Association).
It is further stipulated and understood that the approval of the map or plat of the above
named Subdivision(s) is conditioned upon and subject to the strict compliance by the Principal
herein with the aforesaid specifications, and that the terms of said specifications, including all
deletions, additions, changes or modifications of any kind or character, constitute a contract
between the County of Fort Bend and Principal; and it is understood by the Principal that the
approval of said map or plat of the above Subdivision(s) was obtained only by the undertaking of
the Principal to so comply with the said regulations and specifications within a reasonable time,
as set by the Commissioners
Court of Fort Bend County, Texas, and that without such
undertaking such approval would have not been granted.
NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded
Principal, his, her, their, or its heirs, executors, administrators,
representatives,
successors, assigns, and legal
and each and every one of them to do in all things well and truly observe,
perform, fulfill, keep and comply with all and singular the rules, regulations, requirements and
specifications above referred to, including any deletions, additions, changes or modifications of
any kind or character, in the construction and maintenance of all roads, streets, bridges and
drainage in the right-of-way in the above named Subdivision(s) and that upon approval of the
lIWPDAT AlPROCED/ROW/BONDrevised081_FBC
2
construction
of said roads, streets, bridges and drainage in the right-of-way by the County
Engineer, and upon the approval of such maintenance
by the County Engineer, and upon
acceptance of such roads, streets, bridges and drainage in the right-of-way by the Commissioners
Court of Fort Bend County, Texas, then this obligation to be void and of no force and effect.
The Principal and Surety hereon each agree, bind and obligate themselves to pay Robert
E. Hebert, County Judge of Fort Bend County, State of Texas, or his successors in office, for the
use and benefit of Fort Bend County, all loss or damages to it occasioned by reason of the failure
of the Principal to comply strictly with each and every provision
contained in the rules,
regulations, requirements and specifications above referred to relating to the construction and
maintenance of roads, streets, bridges and drainage in the right-of-way
Subdivision(s),
and further agree, bind and obligate themselves
in the above named
to defend, save and keep
harmless the County of Fort Bend from any and all damages, expenses, and claims of every kind
and character which the County of Fort Bend may suffer, directly or indirectly, as a result of the
Principal's
failure to comply with the rules, regulations
and specifications
relating to the
construction and maintenance of the roads, streets, bridges and drainage in the right-of-way in
the above named Subdivision(s).
The word Principal
when used herein means Principal
or Principals whether an
individual, individuals, partnership, corporation, or other legal entity having the capacity to
contract. The words Roads, Streets, Bridges and Drainage in the right-of-way used herein mean
each and every road, street, bridge and drainage in the right-of-way in said Subdivision(s). The
word Maintenance as used herein means all needful, necessary and proper care and repair from
completion of the roads or streets and approval thereof by the County Engineer until acceptance
of the roads and streets by the Commissioners Court. The word Surety when used herein means
Surety or Sureties, and it is understood by the parties that any and all liabilities of any kind or
IfWPDAT AIPROCED/ROW JBONDre\lised081 JBC
3
character assumed or imposed upon the Principal by the terms hereof extends in full force and
vigor to each and every Surety jointly and severally.
In the event of suit hereunder, such suit shall be brought in Fort Bend County, Texas.
EXECUTED this 14th day of October, 2004. Thi~1iI
(JIIffllWT.Il.IllD August 4, 2004.
a Delaware Umtted partnership
By Westbrook Cinco East GP, LLC
a Delaware limited lIabiitty company,
tts General Partner
~~~i~CI£;?T'
LP
ATTEST:
By:
eQi
Kent S. Puckett, Assistant Vice President
WESTCHESTER
COMPANY
Surety
FIRE INSURANCE
--m
ATTO
APPROVED
this
~ ,.:
~
C\~
day of __
--'--''-----=-
v·
ATTEST:
"
~?f~
Dianne Wilson
County Clerk
IIWPDAT A/PROCED/RQW
Robert E. Hebert
County Judge
IBONDrevised081
]BC
4
-',
~.
~OO'\,
ower of
I.
WESTCHESTER FIRE INSURANCE COMPANY
ttorney
274045
Know
all men by these presents:
principal office in the City of Atlanta.
wit;
Georgia.
That WESTCHESTER
FIRE INSURANCE COMPANY. a corporation of the State of New York. having its
pursuant to the following Resolution, adopted by the Board of Directors of the said Company on November 8. 1999, to
WRESOLVED, that the following Rules .mall govern the execution far the Company ofbonds, uadatakinp.
(n
1040679
recognizanl:CS, ctIntracts and other writings in the narure theTeOf:
That the President, any Senior Vice Presidenl, any Vi« Pn::sident, :IJld As$i5lan1 Vj~ President, or any Anomey-In-Faa, may execute for lUld on behalf of the Company any and all bondli, undertakings, r«ognizances,
COlltraets and other writings in 1M ~
thereof, the same to be iIltcstcd when necessary by the Corporate Secretary, or any Assistant Corpcr:uc Sectebry. and the seal of the Company affind t!Iereto;and that the
President, any Senior Vice: President, any Vice Presidem or any Assistant Vicc Presidml may appoint and authome any other Officer (elected or appoirrte:d) of the Company, and Attorneys-In-Fact 10 $0 ex«ute or atlcst
to the cXei:ution orall such writings on behaiC oC!he Company and to affix !he seal oC!he Company !hereto
in accordance
wi!h!hese
Rules shall
be as binding upon the Company in any case as !hough signed by the President and attested to by the Corpor;nc: Secretary,
(2)
Any such writing exttuted
(3)
The signature oC!he President. OJ a Senior Vice President, OJ a Vice President. or all AssiJWII Vice Ptesidcnt and the seal oCthe Company may bcaffixedby
facsimik:
any power ofartorney granted pursuant to this
Resolution. and the signatun:: ola certifying Officer and the seal oftheCompan."
may beafTi:xed by facsimileto any certificate orany such power, and my such power or certificate bearing such facsimile signature and
shall be lIa1id and binding on the Company,
(4)
Sucll other Officers ofthc
discharge ofthcir duties
(5)
Thepassagc
=-
Company,
of this Resolution
and
Attorrteys.:ln_Faet shall halle authorilytQ
certify or lIerify copies aithis
Resolution,:the
By.LawsoftheCompany,::md
any
aflidallit or rea:rd of the Company necessary to the
docs not revoke any earlier authority granted by Resolutions of the Bonrd orDi~etors,"
Doesherebynominate,constituteandappoint JAMES
r. MOORE,
STEPHEN T. KAZMER and MARY BETH PETERSON all of the City of
Countryside,
State of Illinois
,each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute. seal and
deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties
not exceeding Ten Million Dollars ($10,000,000) and'the execution of such writings in pursuance of these presents shall be as binding upon said Company,
as fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of the Company at its principal office.
IRWITNESS·WHEREOF,
the said· Gregory 1. Otterson, Vice·President, has hereunto sitbscnoed,his
said WESTCHESTER
FIRE-lNSURANCE
COMPANY
this 14th day of Augusf' 2003 .
name.and affixed the c~orate
seal of the
WESTCHESTER FIRE INSURANCIi;COMPANY
Gregory 1: Otterson.
Vice ~ideilt
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
ss.
On this 14th dayofAugust.;A.I>c
~03 ",~ore,rne',
a:Notary Pllullc,ofthe CommOJlweaJth QfPennsylvani~'jhand:for
,!h.eCounty'ofPffiIlw~lphia
J. Ottel'Sfn1:,.Vice-Presi.dent.of,the WE~rCHESTER
..J?1RE fNSURANCE ..~.ol\(fJ!ANY to me'J>e~()flany knownw ..be theindivi.duaI and
officer who executed the preceding instririnent, and he acknowledged that he executed the same, and that the seal·affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation. and
.came Gregory
that ~solution,
C0tllJ?'~~.~
refe~.e,d to.j~,p~,~"pre~edif!~,i,ns~T~t~
a.dopt~~.,by t~~,B,oard.,otDirectors:~fsaid
is",~~w in force,
IN TESTIMONY :\VHlffiB:>R. I have hereunto set my hand atld affixeq.my official seal at the,City (}f})hiladelphia theday,'$ld year fi~ta~ve' written.
NOTARIAL SEAL
.Kathleen TIrrl,"Kotary
Public
Notary Public
PtiDad.phhJOty. 'PhihldelphlaCQunty
My commissIOn expires Sep. 22, 2003
I, the underSigned Secretary ofW:£STCHESTER FIRE INSURANCE COMPANY, do hereby certifY that the original POWER OF
A TIORNEY. of which the foregoing is a substantially true and correct copy. is in full force and effect.
III witneps Whereof, I have b~J;lto
uctooer
._~_UIJ"
subscribed my name as Secretary, and affixed the :corPorate seal of the Corporation. this
,{~t~
l~J;':IHJ
~~~.~~..
c//
.'. ~:::':--'.~lNk
-~,~.':~::
. ,_~
.:.:.J/
.,.'
I"'
THIS POWER OF ATTORNEY MAY NOT aEus~i/;o
EXE~
:' ;,,~ [7JJ., .,
'.
;/~~
,,:
..
_
•.. \"
,
':\:'
BS-3844<;·r
1-
.
. --
,_
_
~Y
- - -
.
~.
~
.
George D. Mulligan,
14t hday
--
U~~
~~----
Secretary
BOND WITH AN INCEPTION DATE AFTER August 14,2005 .
_.-
<;
,.'
•
of
ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF COOK
OF SURETY
}
} S.S.
}
On October 14, 2004, before me, a Notary Public in and for said County and State,
residing therein, duly commissioned and sworn, personally appeared Mary Beth
Peterson, known to me to be Attorney-in-Fact of Westchester Fire Insurance Company,
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument on behalf of the said
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
"OFFICIAL SEAL"
My Commission Expires on March 20, 2005
~~
Notary PUbliC~
-'
BONNIE KRUSE
.
NOTARYPUBLIC, STATE OF illiNOIS
MY COMMISSION EXPIRES O~1201C5
JS
Westchester Fire Insurance Company
Insurance Company
Westbrook Cinco East, L.P.
Policyholder
ace usa
K07044926
Policy Number
Scheer's, Inc.
Broker/Producer
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26,
2002, any losses caused by certified acts of terrorism under your existing coverage may be partially reimbursed
by the United States under a formula established by federal law (applicability is subject to the terms and
conditions of each individual policy). The Act was specifically designed to address the ability of businesses and
individuals to obtain property and casualty insurance for terrorism and to protect consumers by addressing
market disruptions and ensure the continued avaiiability of terrorism coverage.
Under the terms of The Act, you may now have the right to purchase insurance coverage for iosses arising out of
acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is
certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General
of the United States-to
be an act of terrorism; to be a violent act or an act that is dangerous to human life,
property; or infrastructure; to have resulted in damage within the United States, or outside the United States in
the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by
an individual or individuals acting on behalf of any foreign person or foreign Interest, as part of an effort to coerce
the civiiian population of the United States or to influence the policy or affect the conduct of the United States
Government by coercion.
Responsibility for Compensation under The Act Is shared between insurance companies covered by The Act and
the United States. Under the formuia set forth in The Act, the United States pays 90% of covered terrorism
losses exceeding the statutoriiy established deductible, which is paid by the insurance company providing the
coverage.
We are providing you with the terrorism coverage required by The Act. We have not established a separate
price for this coverage; however the portion of your annual premium that is reasonably attributable to such
coverage is:
$9.0
Notice Form 3b (New/Renewal)
TIUA01
•
STATE OF TEXAS
To be attached to and form a part of Bond No. K07044926
In accordance with Section 2253.021(1) of the Texas Government Code and Section
53.202(6) of the Texas Property Code any notice of claim to the named surety under this
bond(s) should be sent to:
Westchester Fire Insurance Company
140 Broad Street, 41" Floor
New York, NY 10005
Telephone: (646) 458-7054
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S)
COURT:
CAN BE RELEASED
UPON ORDER OF
per project
BOND
$ 104,510.00
# SS3163
PRINCIPAL:
SURETY:
Harris Construction Co. on behalf of Sienna/Johnson
Fidelity and Guaranty Insurance Underwriters. Inc.
BOND RIDER
$-----------
#_---------Name :
_
LETTER OF CREDIT
#_-----------
$,-----------
Name :
_
OTHER
#_------------
$------------
Name:
CONSTRUCTION PROJECT (Name or location):
SIENNA VILLAGE OF WATERS LAKE, SECTION
8
Mr. Glenn S. Harris
Harris Construction Co.
6602 Guhn Rd.
COUNTY
COMMISSIONER,
PRECINCT
#~1
GINEER
COURT Al'i'jR~1
DAT:E~O~FjtEttTlD~~~iZI~~~::::~
BY:
Deputy County C
I:\WPDAT A\PROCED\DEV'«lr.lIlIefmLdOl.
wpd
_
D. Jesse Hegemier
County Engineer
October 27, 2004
Fort Bend County Precinct I
P.O. Box 762
Richmond, Texas 77406-0762
RE:
Sienna Village of Waters Lake, Section 8 (PRIVATE STREETS)
Dear Commissioner:
A final inspection of the roads for the above referenced subdivision was made, and all of the
deficiencies have been corrected. The streets are pri vate and will be maintained by the Homeowner's
Association.
The current bond is # SS3163
in the amount of$ 104.510.00.
Release bond to:
Mr. Glenn S. Harris
Harris Construction Company
6602 Guhn Road
If you should have any questions or need additional information please feel free to call.
Sincerely,
~~~'~ct
Michelle Holley-Lira, E.I.T.
MHUmjs
cc:
Mr.
Mr.
Mr.
Mr.
Mr.
File
Michael Rusk, UAEngineering & Surveying
Michael Smith, Sienna/Johnson Development, L.P.
Glenn S. Harris, Harris Construction Company
Randy Russell, UA Engineering & Surveying, Inc.
Roby Tate, FBC Road & Bridge
P.O. Box 1~49 • 1124 Blume Road
I:\WPDATA\LETTERS\OEV\99074104_dOl.wpd
Rosenberg.
Texas 77--+7) • (281) 633-7500
• Fax (281) 342-7366
DIANNE
WILSON.
CGLNTY
Ph.D.
CLERK
301 Jackson SI., Richmond, TX 77469-3108 (Main)
(281) 341-8685
\I,':\VW .co. tort-bend.tx. us
Admlll.
Civil
Criminal
Recording
Fax 1281) 3~1-8697
Fax (2811 3~ 1-~520
Fax (281 ) 3~ 1-8681
Fax (281) J~I-8669
November 17,2004
the following:
$104,510.00
BOND#
SS3163
SUBDIVISION
Sienna Village of Waters Lake, Section 8
PRINCIPAL
Harris Construction Company, Ltd. on behalf of
Sienna/Johnson Development, L.P.
SURETY
Fidelity and Guaranty Insurance Underwriters, Inc.
RELEASE TO
Mr. Glenn S. Harris
6602 Guhn Rd.
cc:
COMMISSIONERS
FORT BEND COUNTY
AG6.~QJ~.uTEM
DATE SUBMITTED:
SUMMARY OF ITEM:
H
11'1104
II
JIPPRllVE FIlIAL IliSPECTICll OF TIlE fOLLaIDIG RllAIlS:
111 SDlIlIIA VILLAGE OF SIIIPIIA\I'S
LAIlDlIIG,Sl!X:TICIl 8 (21 SDlIlIIA STEEPBAlIK VILLAGE,Sl!X:TICIl 5-B
(31 lIATERSIDEESTAXES,
Sl!X:TICIl 9
(41 SDlIlIIA VILLAGE OF lIATERSLAKE,SEC'fiCll 8 (PRIVATE SfilEE'lS)
Yes ( )
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BA'l"rS(AGDIDA. COORDIHAroRIAGENDA
DEPARTMENT:
043-EHGIHEERING
# /S
PHONE NO.:
(281) 633-7507
H
.::JJ
11/1104
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No()
A IT ACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITEM:
N/A()
Funding Source:
Agency
Object
A;'1NUALIZED DOLLARS:
One Time
()
Recurring
NIA
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ,I' when completed)
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
( ) Comm. Pet. 2
(281-344-3954)
(281-403-8009)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Agenda Request Forms may be submitted bye-mail. fax, or inter-office mail. and all information must be provided by
A.Uoriginal back~up must be received in the County Judge's Office by 2:00 p.m. on Wednesday.
RECOMME:'!DATION
/ ACTIO:'! REQL:ESTED:
RELEASE
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S)
COURT:
AUTHORIZATION
CAN BE RELEASED
UPON ORDER OF
per project
BOND
# SN9637
PRINCIPAL:
SURETY:
$ 336,240.00
Jaho, Inc. on behalf of Figure Four Partners,
Seaboard Surety Company
Ltd.
BOND RIDER
#_------------
$-----------
Name :
_
LETTER OF CREDIT
#_-----------
$-----------
Name :
_
OTHER
#_----------
$-----------
Name:
WATERSIDE ESTATES, SECTION 9
Mr. Steve Sams
Figure Four Partners, Ltd.
9000 Gulf Freeway, 3rd Floor
COMMISSIONER,
PRECINCT
COURT APP
D: ~f--l-~
DATE OF
BY:
Deputy County
I:\WPDAT A\PROCED\DBV\relealdml...dOl.
wpd
#
_
# \~
\t \1
D. Jesse Hegemier
County Engineer
October 22, 2004
Commissioner W. A. "Andy" Meyers
1809 Eldridge Road
RE:
WatersideEstates, Section9
Dear Commissioner:
deficiencies have been corrected. The streets, along with their footage lengths; are as follows:
Lake Charlotte Lane
185.00 LF
Martin Lake Drive
1,053.37 LF
Cane Lake Drive
455.07 LF
Pelican Lake Drive
302.16 LF
Lake Buchanan Court
208.22 LF
Lake Ballinger Lane
359.14 LF
Lake Edinburg Lane
734.06 LF
Lake Edinburg Court
131.29 LF
Brady Creek Lane
1.488.52 LF
TOTAL:
4,916.83 LF
The current bond is # SN9637 in the amount of $ 336.240.00 . Release bond to:
Mr. Steve Sams
Figure Four Partners
9000 Gulf Freeway, 3'" Floor
Sincerely,
&~x~
Steven L. Evans
SLElmjs
cc:
Mr.
Mr.
Mr.
Mr.
File
Dave Niles, Carter & Burgess, Inc.
Steve Sams. Figure Four Partners
Greg Pollard, Jaho, Inc.
Roby Tate, FBC Road & Bridge
P.O. Box !.+49·
ll24 Blumt: Road • Rosenberg. rl.:xasi7-l7l
1:\WPDATA\LBTTERS\OSV\02088104_dOl.'Npd
• (281)633-7500·
Fax(28lI3-l2-7366
DIANNE WILSON. Ph.D.
CQUiTY
CLERK
301 Jackson St.. Richmond. TX 77469-3108 (Main)
(281) 341-8685
\ ....\V\V .<.:0. ton-bend. tx. us
Admm.
Civil
Criminal
Recording
Fax (2811341-8697
Fax (281) 341-4520
Fax 1281) 341-8681
Fax (2811 -'41-8669
November 17,2004
the following:
BOND#
SN9637
SUBDIVISION
Waterside Estates, Section 9
PRINCIPAL
Jaho, Inc. on behalf of Figure Four Partners, Ltd.
SURETY
Seaboard Surety Company
RELEASE TO
Mr. Steve Sams
Figure Four Partners, Ltd.
9000 gulf Freeway, 3m Floor
$336,240.00
Bend County Clerk, 301 Jackson, Richmond, Texas 77469-3108 or call281-341-8653.
~J\nAN\~
County CI:~~e'
cc:
'
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S)
COURT:
CAN BE RELEASED
UPON ORDER OF
per project
BOND
$ 112,280.00
# SS3162
PRINCIPAL:
SURETY:
BOND RIDER
#_-----------
$-----------
Name :
_
LETTER OF CREDIT
#_-----------
$-----------
Name :
_
OTHER
#_----------
$-----------
Name:
SIENNA VILLAGE OF SHIPMAN'S LANDING,
SECTION
8
RELEASE DOCUMENT{S) TO THE FOLLOWING:
Mr. Glenn S. Harris
6602 Guhn Rd.
COMMISSIONER,
COURT ;JP~Ri~,
DATE 0
BY:
Deputy
I:\WPDAT A\PROCED\DEV'RlellIc:fmull!.
wpd
PRECINCT
#~1
#
_
\S "J:~
D. Jesse Hegemier
County Engineer
October 27, 2004
P.O. Box 762
RE:
Sienna Village of Shipman's Landing, Section 8
Dear Commissioner:
258.00
1,186.00
80.00
1,524.00
Hidden Hollow Way
Lost Hollow Lane
Lazy Hollow Court
TOTAL:
The current bond is #
SS3162
LF
LF
LF
LF
in the amount of $ 112.280.00 . Release bond to:
Mr. Glenn S. Harris
6602 Guhn Road
Sincerely,
~~~-~~
Michelle Holley-Lira, E.LT.
MHl.Jmjs
cc:
Mr ..Michael Rusk, P.E., UA Engineering & Surveying, Inc.
Mr. Michael Smith, Sienna/Johnson Development, L.P.
Mr. Randy Russell, UA Engineering & Surveying, Inc.
Mr. Glenn S. Harris, Harris Construction Company
Mr. Roby Tate, FBC Road & Bridge
File
P.O. Box 1449 • I IC4 Blume Road
I:\WPDATA\~ETTERS\DEV\99103104_dOl.wpd
Rosenberg. Texas 774" I • (cSI) 633-7500
• Fa.\ CSI ) 34C-7366
DIANNE WILSON. Ph.D.
COCNTY
CLERK
301 Jackson St., Richmond. TX 77469-3108 (Main)
(281) 341-8685
\V\V\V .CO. fort-bend. LX. us
Admin.
Civil
Criminal
Recording
Fax(28IJ341-8697
Fax (281) 341-4520
Fax (281 J 341-8681
Fax 1281) 341-8669
November 17,2004
NOTIFICATION
OF RELEASE OF BOND
A release order has been issued by the Fort Bend County Commissioners
the following:
BOND#
SS3162
SUBDIVISION
Sienna Village of Shipman's Landing, Section 8
PRINCIPAL
SURETY
RELEASE TO
Mr. Glenn S. Harris
6602 Guhn Road
Court for
$112,280.00
\JW"'UV'
Alicia Yeoma
County Clerk's
cc:
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S}
COURT:
CAN BE RELEASED
UPON ORDER OF
per project
BOND
$ 196.490.00
# SS3160
PRINCIPAL:
SURETY:
Fidelity and Guaranty Insurance Underwriters. Inc.
BOND RIDER
$------------
#_----------Name :
_
LETTER OF CREDIT
#_------------
$-----------
Name :
_
OTHER
#_-----------
$-----------
Name:
SIENNA STEEP BANK VILLAGE, SECTION SB
Mr. Glenn S. Harris
6602 Guhn Rd.
AGREED:
COMMISSIONER,
COUNTY
PRECINCT
#-:1
_
GINEER
COURT A
DATE OF lR~i['1h\;iN--:-ttill"f"1>N'1riT.~:::-~
BY:
Dep-u-;-t-y--::C:-'o
..
u..
n~t.l,ydl=l~H~"-4s~
......
49--
1:\wPDAT A\PROCED\DE~kalefmLd()l. wpd
D. Jesse Hegemier
County Engineer
October 27,2004
Commissioner Tom D, Stavinoha
P.O. Box 762
RE:
Sienna Steep Bank Village, Section 5-B
Dear Commissioner:
656.00 LF
953.00 LF
Doyle Court
148.00 LF
Farley Court
217.00 LF
Kelsey Pass
233.00 LF
Rita Elliott Court
235.00 LF
TOTAL:
2,442.00 LF
The current bond is # SS3160
in the amount of $ 196.490.00.
Release bond to:
Mr. Glenn S. Harris
6602 Guhn Road
Sincerely,
1rv\~~-~q
Michelle Holley-Lira, E.I.T.
MHlImjs
cc:
Mr.
. Mr.
Mr.
Mr.
Mr.
File
Michael Rusk, P.E., UA Engineering & Surveying, Inc .
Micllael Smith, Sienna/Johnson Development, L.P.
Glenn S. Harris, Harris Construction Company
Randy Russell, UA Engineering & Surveying, Inc.
Roby Tate, FEC Road & Bridge
P.O. Box 1449 • I 1'=:4 Blume Road
!:\WPDATA\LETTERS\DEV\02036104_dOl.wpd
Rosenberg.
Te:-.:Cls 77471
• (:281) 633-7500
• Fa:\ L281 ) 3-Q-7J66
DIANNE
WILSON.
COUNTY
Ph.D.
3D! Jackson St.. Richmond. TX 77469-3108 (Main)
(2811 341-8685
www.co.tort-bend,tx.u.s
CLERK
Admll1. FaxI281\341-8697
Civil Fax (281 \ 341-4520
Crimina! Fax (281) 341-8681
Recording Fax (281) 341-8669
November 17,2004
A release order has been issned by the Fort Bend Connty Commissioners Court for
the following:
BOND#
SS3160
$196,490.00
SUBDIVISION
Sienna Steep Bank Village, Section 5B
PRINCIPAL
SURETY
RELEASE TO
Mr. Glenn S. Harris
6602 Guhn Road
~~.~r--IX
Alicia Yeoma s
County Clerk' Office
cc:
COMMISSIONERS
FORT BEND COUNTY
AGENDA ITEM
DATE SUBMITTED:
11103/04
COURT AGENDA DATE:
11109/04
SUMMARY
- COUNTY JUDGE'S
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
OFFICE
County Attorney
Fire Marshal
(281) 341-4555
CONTRACT/AGREEMENT:
LIST SUPPORTING
FINANCIAL
Ifp
Yes(
DOCUMENTS
Yes (X)
Volunteer
Fire Departmem
No()
ATTACHED:
SUMMARY:
BUDGETED
ANNUALIZED
ITEM:
) No()
N/A()
Agency
DOLLARS:
One Time
Funding Source:
Fund
#
OF ITEM:
Approve Renewal Interlocal Agreement and Addendum between Fort Bend County and Willowfork
for Fire Protection, effective October 1, 2004 through September 30, 2006.
RENEWAL
AGENDA
Object
COMMENTS:
()
Recurring
()
WA
()
Original Form Submitted with back up to County Judge's Office: ( ) ( ,/ when completed)
If by Fax to (281) 341-8609
(,/) Auditor
(,/) Budget Officer
( ) County Attorney
(,/) Purchasing Agent
(,/) County Clerk
Instructions
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( ,/)
( ,/)
( ,/)
( ,/)
(,/)
Comm. Pet. 1
Comm. Pet. 2
Comm. Pet. 3
Comm. Pet. 4
Vance Cooper, Fire
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Marshal
an Agenda Request:
1.
Completely
fill out agenda form, incomplete forms will not be processed.
2.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office
3.
All original back-up must be received in the County Judge's
RECOMMENDATION
Office by 2:00 p.m. on Wednesday.
/ ACTION REQUESTED:
...,;;s.. ~
\\,\~-\)'\ ~\h~
~a...<L~
~
~M.. f<\~~.
must be provided by
COVELER & KATZ, P .C.
Attorneys At Law
TWO MEMORIAL CITY PLAZA
820 GESSNER, SUITE 1710
HOUSTON, TEXAS 77024-8261
Telephone
Facsimile
(713) 984-8222
(713) 984~670
November 1, 2004
Ms. Laura Johnson
Executive Assistant
Fort Bend County Attorney's Office
Re:
Interlocal Agreement between Fort Bend County and Willowfork VFD
Fort Bend ESD NO.2
Dear Ms. Johnson:
Enclosed is the referenced agreement which has been signed the parties on
behalf of the Willowfork VFD and Fort Bend ESD NO.2. Please provide this
office with a fully executed copy once all the signatures are obtained.
Thank you for your attention. Please call me with any questions or comments
regarding this matter.
Very truly yours,
caVElER
By:
& KATZ, P.C.
/P€U'~~
Lori Crawford
Legal Assistant to Howard L. Katz
IIc
, "-' ....... ~.
l...--------.
'0
__
"_
10/18/2004
14:03
COVELER&KATZ
7139840670
TIlE STATE OF TEXAS
COUNTY OF FORT BEND
PAGE
§
§
§
lNTERLOCAL AGREEMENT BETWEEN FORT BEND COUNTY
AND WILLOWFORJ( VOLUNTEER FIRE DEPARTMENT
This Int.rlocal Agreement is entered into between the County of Fort Bend, hereinafter referred to
as "County" and the Willowfork Volunteer Fire Department duly organized and chartered ;n the
State of Texas existing under the laws of the State of Texas: hereinafter sometim<:s called "Fire
Department", providing services to incorporated and unincorporated areas in Fortllend County,
acting by and through the' Chief of the Fire Department.
WITNESSETH:
WHEREAS, the County and the Pire Department desire to cooperate with each other iil fire
protection, fire fighting, and assistance in emergency medical services; and
WHEREAS, the County and the Fire Department desire to furnish fire protecti011. fire figtlting,
and asmstance in emergency medical services to said unincorporated areas of the County; and
WHEREAS, the governing body of the Fire Department has duly authorized this agreement; and
WHEREAS, the governing body of the County has duly authorized this agreement; and
WHEREAS, the Fire Department and the County desire compliance with the American with
Disabilities Act of 1990, 43
§ 12007 et. seq.; and
use
WHEREAS, this agreement is made pursuant to provisions of the Government Code, Chapter 791.
NOW, TIlEREFORE, in consideration of the foregoing and further consideration of millua)
proroises, covenants, and conditions herein the County and Fire Department agree as follows:
I.
During the term of this agreement, the Fire Department agrees to furnish fire protection, fire
fighting, and assistance in emergency medical services to the unincorporated surrounding are~s.
II.
County agrees to pay an established amount 10 the Fire Department for fire protection, fire
fighting, and emergency medical assistance proVided by the Fire Department to !he
unincorporated areas of the County pursuant to Paragraph 1 of !his agreement.
02/05
10/18/2004
COVELER&KATZ
14:03
PAGE
III.
The tenn of this agreement shall be from October 1, 2004 until September 30, 2006, unless S')Qner
terminated by either party.
IV.
It is hereby agr~d and understood that the fire ptotection, fire fighting and assistance in
emergency medical services to be furnished by the Fire Department under this agreement shan
include, but n()t be limited to, the following: Answering all calls for help and assistance in
extinguishing fires in the atea designated in this Agreement; furnishing fire fighting persc.nnel,
equipment and supplies to fight all fires; and answering all calls and furnishing fire figlhting
personnel, equipment and supplies to protect persons and property which are endangered by fires;
prOVided that the above described personnel, equipment and supplies are not otherwise en~aged
in fire fighting.
V.
The Fire Department shaJJ observe and comply with all Federal. State, County and City laws,
rules, ordinances and regulations in any manner affecting the conduct of the services lierein
provided and pertormance of all obligations undertaken by this agreement. Specifically, the
perfonnance of this agreement shall comply with any and all requirements of the Americans with
Disabili ties Act of 1990, 42 USC §12007.
VI.
It is expressly understood that the County has funds spetificaJJy allocated to fully dischar~e its
obliga.tion under this agreement. It is specifically proVided that the acts ()f any person or petsons
while fighting fires, traveling to or £rom fires, or in any mamer furnishing fire protection to the
citizens of a county outside the city limits of any city, town, or village, shall be considered ~s the
acts of agents of the county in aU respects, notwithstanding such person or persons may be te5Ular
employees or firemen of a city, town or village. As mayor may not be applicable to this particulaT
Agreement, no city, town or village within a ccrunty andlor adjoining cOUIltiesshall be held liable
('Or the acts of any of any of its employees while engaged in fighting fires outside the cIty J;rnits.
(Section 352.004 of the Texas Local Govemmel:lt Code)
VII.
It is further agreed that in the performance of all obligations under taken by this agreem.ent, the
Fire Department has the right to supervise, manage, control and direct the performance of fire
protection. fire fighting, and assistance of emergency medical services; the County shall look to the
Fire Depanment for results only and the County (except the County Fire Marshal) shan have no
right at any lime to direct or supervise the Fill! Department or its agents or employees in the
2
03/e5
10/18/2004
14:03
periormance
COVELER&KATZ
7139840570
PAGE
of such services or as to the manner, means or method in which services are
performed.
VlIl.
The Fire Department agrees to deliver to the Fire Marshal, authorization of the fire Department,
to enter into this agreement within fifteen (15) days after the execution of this agreement.
IX.
The Fire Department agrees to fu.mish to the County, not later than the tenth (10th) day o! each
month, a monthly report listing the total number of runs made into the unincorporated a,.."as of
Fort Bend County for the previous month and such other information relating tu fire protection,
fire fighting and assistance in emergency medical services of the Fire Department as roay be
requested by County. Said report shall be made on the fonn provided by Fort Bend Counly and
. shall be signed by an official of the Fire Department subrnittin report.
By:
Date:
II· '1- 01(
A~
Dianne Wilson, County Oerk
App:roved:
Fort B~~Eme~en~~ervices
District #2
By:~~
Charles lloggus,
President
By:
Dale:
Auditor' 9 Certificate
I hereby certify that funds are available to accomplish and pay the obligation of Forl Bend
County under the fOregOinV//
/:tt.
Robert Ed Sturdivant, County Auditor
GDD/nl<Fi,e
M ... h.l: 1015-MulUal Aid (08105/1)4)
3
/7
04/05
le/18/2ee4
Oct
COVELER&KATZ
14:e3
IB 04
L&s
12:071"
FulCham
281
PAGE
578
0779
eS/eS
1".3
RECORDEDON \ \ - \ ~ ..\)~
IN THE COMMISSIRN:f ~~RT
MINUTES OF.
' .
THE STATE OF TEXAS
§
COUNTY OF FORT BE},1)
§
ADDENDUM TO AGREEMENTS BETWEE:-i FORT BEND COUNTY AND Fl1U:
DEPARTMENTS FOR MUTUAL AID SERVICES
This Addendum is attached as Exhibit "A" and becomes a part of Mutual Aid Agree",ent,
between Fort Bend County and Fort Bend County Fire Departments for firefighting ass1Stan~ein
the County.
The County and the Fire Departments agree that language in Section
include the following:
VT
of the Agreements "rill
"Jt i, understood th.~lthe County will be liable on an individual basis fo"
any eqmpment damage Dr replacement under statutory provision Local
Government Code Chapter 352.001, 352.004, A.G JM 748 and CO\lrt
Interpretations of paym.ent under separa.te agreement~ by subdivisions"
Th~ County and the Fire Departments agree that language in Section IX that currently state.
"\e:n.!h"(1.0"') will read: "fifteenth" (15'h).
This Addendum i.•part ofth. Original Agreements with all other terms and condition. rema.ining
on full force and .effect.
.
..q~day ofetwbef.
~u..~
2004
APPROVED this
·
FORT BEND COUNTY
~ENDAITEM
RETURN TO: AGENDA COORD.-eOUNTY JUDGE'S OFF1CE
DATE SUBMITfED:
SUBMITfED BY: _Sue Brock, I" Assist.
DEPARTMENT: County Treasurer
PHONE NO.: 281-341-3765
10/25/04
COURT AGENDA DATE: 11102104
AGENDA
ITEM
t#
1'7
SUMMARY OF ITEM:
Autborize payment of invoices for work performed by coMUltants and/or contractors, and listed on Board Report dated
October 20, 2004, for an amount totaling 55,343,157.90 of whicb equals $2,415,324.54 for Section A oftbe FB Parkway, and
$2,927,833.36 for Westpark Toll Road Extension. (Fond:220-045-2025)
Yes ()
No (x)
LIST SUPPORTING DOCUMENTS ATTACHED: FBC Toll Road Bill's approved 10/20104
FINANCIAL
SUMMARY:
BUDGETED ITEM:
YesO
NoO
N/A(?)
Funding Source:
fund_220
agl:y
Original
Form
Submitted
Object __
1.
2.
3.
COMMENTS:
One Time
()
Miscellaneous
Recurring
,-"
N/A
()
with back up to County
CC with back up:
yes (x)
Auditor
yes (x)
Budget Officer
yes (x)
County Attorney
yes (x)
Purchasing
Agent
yes (x)
County Clerk
I Instructions
ANNUALIZED DOLLARS:
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
()
JUdge's
Office:
yes
yes
yes
yes
(x)
(x)
(x)
(x)
Yes (x)
Comm.
Comm.
Comm.
Comm.
Pct.
Pct.
Pet.
Pct.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I
Completely f"J1Iout agenda form, incomplete forms will not be processed.
listed above.
RECOMMENDATION
I ACTION REQUESTED:
FORT BEND COUNTY TOLL ROAD AUTHORITY
SUMMARY
OCTOBER 20, 2004
FORT
BEND
WESTPARK
TOLL
ROAD
PARKWAY
TOTAL
INVOICES PRESENTED FOR APPROVAL
OCT 20, 2004
15,343.1$1.80
SECTION A
S2.A15,3Z4.54
Page 2
PROJECT COST TO DATE.
OCT 20, 2004
PROJECT BUDGET
PROJECT BUDGET REMAINING
DCT20.2004
[1]
$51.331,534
$15.770.8804
$121,247.034
$58.028.033
$63.219.001
$54.144.818
$8.888ASB
Page 3-12
OCT 20. 2004
$2.927.833.38
PaQe 13
$87,102,418
.1.1.:IA
PROJECTED CASH AS OF
EXTENSION
S8283.437
S7 4M
$47...
Page 13-19
712
S'!I 1II 725
Page 19
INTEREST EARNINGS THROUGH
Before and after the bond sale
MAY 31. 2004
1701.811
$10'5600
BALANCE DUE FROM HARRIS COUNTY - LAND ACQUISITION
(1) DOES NOT INCLUDE
RETAINAGE
'ZORM'
PAYABlE OF
Pa_la
"-20
S11182M
M. Lopdan
c..-Pullllc_
5835 North_t Central D....... Sull8 104E, Houston. T_
713.934.9107 713.934.9110 Fax 713.934.11443
77012
aol.com
13Uem
SUMMARY OF INVOICES FOR BOARD APPROVAL
OCTOBER 20. 2004
PARKWAY SECTION A
ENGINEERING & CONSTRUCTION
FLORIDA TRAFFIC CONTROL DEVICES, INC.
·
FORT BEND COUNTY TAX ASSESSOR/COLLECTOR
GEOTECH ENGINEERING and TESTING
GEOTEST ENGINEERING, INC.
HUm-ZOLLARS, INC. [Sec. 3]
HVJ ASSOCIATES, INC.
JERDON ENTERPRISE, L.P.
KELLOGG BROWN & ROOT [See. 1]
KENMOR ELECTRIC COMPANY LP
KNUDSON & ASSOCIATES
PATE ENGINEERS, INC. [Sec. 2]
SPAWGLASS CIVIL CONSTRUCTION, INC.
STOA INTERNATIONAL ARCHITECTS,INC.
M.E. STONE dba PROFESSIONAL PROJECT MANAGEMENT SERVICES
TOLUNAY·WONG ENGINEERS, INC.
.
TROY CONSTRUCTION
TURNER COLUE & BRADEN
W.W. WEBBER, INC.-SECTION 1
W.w. WEBBER, INC.-SECTIONS 2 & 3
W.w. WEBBER, INC.-SECTIONS 4 & 5A
TOTAL ENGINEERING & CONSTRUCTION
OPERATING COSTS
ALLEN BOONE HUMPHRIES, LLP
GENERAL
ADDITIONAL SERVICES - CONSTRUCTION
RIGHT-OF-WAY
ANCO WESSENDORFF INSURANCE SERVICES
PAMELA M. LOGSDON, CPA
MARION MONTGOMERY, INC.
MARION MONTGOMERY, INC. - GRAND OPENING
SOUTHERN NATIONAL BANK
VINSON & ELKINS, L.L.P.-RIGHT OF WAY
WJ INTEREST
CONSULTING SERVICES
OFFICE SPACE & ADMINISTRATIVE SUPPORT
TOTAL OPERATING COSTS
·
.
.
·
.
21,001.82
697,108.54
446,075.50
.
.
.
..
.
.
__
1,350.00
25,327.06
17,000.00
130,147.50
196,288.53
377,799.37
393,762.07
2,384,769.98
-=~=~
3,809.20
7,865.98
408.76
3.008.00
.................
·
.
·
.
690.00
23.81
8,775.96
5,706.25
266.60
~~~
30,554.56
2,415,324.54
TOTAL - PARKWAY SECTION A
.~RT
2
14,976.14
39.23
18,689.71
45,204.51
PREPAIED
t9-OcloZOO4
GRAND OPENING SPONSORS
COMPANY
AMOUNT
CHECK #
2,500.00
3590
2,500.00
BROWN & GAY ENGINEERS, INC.
37760
2,500.00
COBB FENDLEY & ASSOCIATES, INC.
2,500.00
DANNENBAUM ENGINEERING CORPORATION
2,500.00
ELECTRONIC TRANSACTION CONSULTANTS
11872
2,500.00
FIRST SOUTHWEST COMPANY
88544
2,500.00
KELLOGG BROWN & ROOT
48756
2,500.00
LJA ENGINEERING & SURVEYING, INC.
1430B
2,500.00
OLYMPIA ESTATES I ASSOC.
2,500.00
PATE ENGINEERS,INC.
65012
STOA INTERNATIONAL ARCHITECTS, INC.
14086
2,500.00
TEDSI INFRASTRUCTURE GROUP, INC.
28388
2,500.00
TRAFFIC ENGINEERS, INC.
30036
2,500.00
W.W.WEBBER, INC.
154889
2,500.00
WILBUR SMITH ASSOCIATES, INC.
486708
500.00
35,500.00
7866
253118
1160
TOTAL CHECKS RECEIVED AS OF SEPTEMBER 1, 2004
===========
133468
9139
611197
1,000.00
2,500.00
2,500.00
HUITT-ZOLLARS, INC.
SIENNA/JOHNSON DEVELOPMENT, LP
TURNER COLLIE & BRADEN
6,000.00
TOTAL CHECKS RECEIVED AS OF OCTOBER 5,2004
=============
2,500.00
============
~
10/1912004
PBS&J
4604234
GRAND TOTAL
04:06 PM
PML: GOPEN-AWK4
FORT BEND COUNTY
A0E.NDi\ \ J eM
RETURN TO: AGENDA COORD.-eOUNTY JUDGE'S omCE
DATE SUBMITTED:
AGENDA
SUBMITTED BY: Sue Brock, I" AssistlUlt
ITEM
DEPARTMENT:
Treasurer
PHONE NO.:
ext 3765
# IS
11/02/04
SUMMARY OF ITEM:
Authorize payment of invoices for work performed by consultants andlor contraeton listed on
Board Report for Flood Control Water Supply Corporation Monthly Bills, Approved on 10127/04 at the
Regular Board Meeting. Total amount approved by the Board is $464,062.35.
(Fund 265-006-4010)
Big Creek
$464,062.35
(Fund 264-006-4010)
Oyster Creek
$ -0RENEWAL CONTRACT/AGREEMENT:
Yes ()
No ( )
LIST SUPPORTING DOCUMENTS ATTACHED: Yes (FBC Flood Control Bills approved 10/27/04)
ANNUALIZED DOLLARS:
BUDGETED ITEM:
Yes ()
No ()
N/A (X)
Funding Source:
fund 264 agey ~ Object
(265
006
4010
4010)
v
COMMENTS:
One Time
()
Total for Fund 264: S__
Recurring
()
Total for Fund 265: $
464.062.35
GRAND TOTAL:
464,062.35
N/A
(X)
$
~-_
"
Original Form Submitted with back up to County Judge's Office: Yes (X)
CC with back up:
yes (X)Auditor
yes (X)Budget Officer
yes (X)County Attorney
yes (X)Purchasing Agent
yes (X)County Clerk
Instructions for submitting
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
1UI Agenda
yes
yes
yes
yes
(X)Comm.
(X)Comm.
(X)Comm.
(X)Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Request:
Completely ml out agenda form, incomplete forms will not be processed.
Fax or inter-olTice copies of agenda form with all back up information by Wednesday at 2:00 p.m. to the departments
listed above.
RECOMMENDATION
1 ACTION REQUESTED:
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION
SUMMARY OF INVOICES FOR BOARD APPROVAL
OCTOBER 27, 2004
GRAND
TOTALS
APMINISTRATlve
OYSTER
CREEK
BIG
CREEK
COSTS
A J COLBERT [OCT 27]
JIM CONDREY [OCT 27]
PAUL COUNCIL [OCT 27]
DON RUSSELL [OCT 27]
MIKE STONE [OCT 27]
ANCO-WESSENDORFF INS SERV
PAMELA M. LOGSDON, CPA
SANDERSEN,KNOX & BELT
SERVICE LLOYDS INSURANCE CO
SOUTHERN NATIONAL BANK of TX
100.00
100.00
100.00
100.00
100.00
1,287.91
0.00
830.10
0.00
0.00
85.44
100.00
100.00
100.00
100.00
100.00
1,287.91
TOTAL ADMINISTRATIVE COSTS
2,703.45
2,703.45
0.00
461,358.90
461,358.90
$464,062.35
$464,062.35
830.10
85.44
0.00
ENGINEERING and CONSTRUCTION COSTS
LJA ENGINEERING & SURVEYING, INC.
NBG CONSTRUCTORS, INC. EST 3
TOTAL INVOICES FOR APPROVAL
pROJECTED CASH OCTOBER 27 2004
$11,196,802
REPORT
$11,062,502
PRE-PARED
Pamela M. Logsdon
Certified Public Accountant
5635 Northwest Central Drive, Suite 104E, Houston, Texas 77092
713.934.9107 713.934.9110 Fax 713.934.9443 pmlool1llaol.com
$0.00
$134,300
03 33PM
FORT
BEND
FLOOD
SUMMARY
CONTROL
WATER
OF BIG CREEK
OCTOBER
SUPPLY
PROJECT
CORPORATION
COSTS
27, 2004
BUDGET
CONSTRUCTION
BUDGET
REMAINING
UNDER
(OVER)
ACTUAL
and ENGINEERING
DROP STRUCTURE & EROSION CONTROL
CONSTRUCTION
ENGINEERING and GEOTECHNICAL
BIG CREEK CONSTRUCTION & ENGINEERING
REACH 4 [LAND TECHfTCBI
REACH 5 [J & C]
STUDY·
[5]
790,866
233,537
3,018,602
294,122
(3)
[3]
979,422
4,149,450
164,224
0
815,198
4,149,450
[3,4)
[3,4)
2,407,164
2,028,262
(1)
263,072
263,072
0
FINAL.Pg5
FlNAL-Pg6
FINAL-Pg6
FINAl-Pg6
Page 4
BIG CREEK REACH 2 and 3 [lJA]
CONSTRUCTION
BIG CREEK WATERSHED
DODSON
BRIDGES and PHASE II DESIGN
BRIDGES - PLEAK and TRINITY ROAD
BIG CREEK OVERALL PROJECT - ENGINEERING
PHASE II - DESIGN and EASEMENTS
ADMINISTRATION
DIRECTORS FEES
LEGAL
LEGAL ASSISTANT
ACCOUNTING
AUDIT,INSURANCE,BANK
CONTINGENCIES
SERVICE CHARGES, ETC.
927,875
927,875
0
517,202
0
274,511
274,511
0
61,000
22,300
134,333
9,237
29,349
36,441
4,849
38,700
9,237
52,000
40,000
69,000
16,320,322
TOTALS
2,407,164
2,028,262
517,202
205,000
PROJECTED
Page 3
3,809,468
527,659
[2]
[lJA)
3,407,796
70,667
0
22,651
3,559
64,151
12,912,526
CASH, OCTOBER 27, 2004
[6]
11,062,502
DEFICIT CASH
(4)
($1,850,024)
AWARDED AUGUST 28, 2002
(1)
CONTRACT
(2)
REVISED BUDGET APPROVED
(3)
BUDGET PER DODSON & ASSOC. STUDY, APRIL 2003
(4)
WORK WILL NOT BE AUTHORIZED
(5)
EXCLUDES
(6)
INCLUDES CUMULATIVE
RETAINAGE
MAY 26,2004
FOR BIG CREEK REACHES 4 AND 5 UNTIL FUNDS ARE AVAILABLE,
PAYABLE OF $87,874.00
INTEREST EARNING OF
2
$1,128,883
FORT
BEND
BIG CREEK
FLOOD
DROP
CONTROL
WATER
& EROSION
STRUCTURE
OCTOBER
SUPPLY
CORPORATION
CONTROL
27, 2004
BUDGET
CONSTRUCTION
[LJAJ
BUDGET
REMAINING
UNDER
(OVER)
ACTUAL
and ENGINEERING
CONSTRUCTION
BRAZOS RIVER DROP STRUCTURE - NBG CONST
EROSION CONTROL STRUCTURE
[2]
ENGINEERING. LJA
BASE FEE
BRAZOS RIVER DROP STRUCTURE
ADDITIONAL SERVICES
BRAZOS RIVER DROP STRUCTURE
1,688,152
2,479,018
790,866
1,330,450
0
1,330,450
166,094
79,827
156,168
0
9,926
79,827
183,620
61,892
0
121,728
63,018
63,018
GEOTECHNICAL
STUDY
CONSTRUCTION
8,750
10,000
8,750
0
0
10,000
ENVIRONMENTAL
16,350
6,727
9,623
$4,337,127
$1,024,403
$3,312,724
3,809,468
527,659
790,866
233,537
3,018,602
294,122
$4,337,127
$1,024,403
$3,312,724
CONSULTANT
[1]
TOTAL DROP STRUCTURE & EROSION CONTROL
DROP STRUCTURE
& EROSION CONTROL
CONSTRUCTION
[LJAJ
TOTAL DROP STRUCTURE & EROSION CONTROL
[1]
REVISED BUDGET APPROVED MAY 26, 2004
[2]
BID AWARDED TO NBG CONSTRUCTORS, INC. ON MAY 26,2004
CONSTRUCTION TIME - 240/270 CALENDAR DAY
NOTICE TO PROCEED • JULY 12, 2004
CONTRACT FINAL - APRIL 9, 2005
REPORT PREPAREO: PML:
3
2$oOCl-2004
08:33 AM
BIG CREEK REACH 2 and 3
OCTOBER 27, 2004
BUDGET
REMAINING
ADJUSTED
BUDGET
CONSTRUCTION
and ENGINEERING
CONSTRUCTION
REACH 2 [LJA]
$1,908,747
$0
$1,908,747
REACH 3 [LJA]
2,240,703
0
2,240,703
ENGINEERING· REACHES 2 and 3
BASE FEE
ADDITIONAL SERVICES
217,846
371,150
79,885
84,339
137,961
286,811
RIGHT OF WAY
121,826
0
121,826
EXXON 36" PIPELINE ADJUSTMENT
250,000
0
250,000
8,600
0
0
0
8,600
0
10,000
0
10,000
$5,128,872
$164,224
$4,964,648
$4,149,450
$0
$4,149,450
979,422
164,224
815,198
$5,128,872
$164,224
$4,964,648
GEOTECHNICAL
STUDY
CONSTRUCTION
ENVIRONMENTAL
CONSULTANT
[1]
TOTAL REACHES 2 and 3
BIG CREEK REACHES 2 and 3
CONSTRUCTION
ENGINEERING
TOTAL REACHES 2 and 3
[1]
UNDER
(OVER)
ACTUAL
BUDGET PER LJA CONTRACT APPENDIX 0 DATED OCTOBER 2003
REPORT PREPARED: PML:
4
25-00:·2004
08:22 AM
FORT BEND FLOOD CONTROL
WATER
SUPPLY
CORPORATION
BIG CREEK STUDY
ANALYSIS OF DODSON & ASSOCIATES, INC.
OCTOBER 27, 2004
BUDGET
-----_.
PRIOR
BILLINGS
CURRENT
BILLINGS
-~---_.
-
BILLED
TO DATE
28·May·2004
-========:
PERCENT
COMPLETE
------
BUDGET
REMAINING
UNDER
(OVER)
DODSON & ASSOC.
FEES
EXPENSES
126,350.00
1,641.14
126,350.00
1,641.14
126,350.00
1,641.14
101.30%
0.00
(0.00)
FREESE & NICHOLS
21,677.80
21,677.80
21,677.80
100.00%
0.00
101,840.42
101,840.42
101,840.42
100.00%
0.00
WETLAND TECH
11,563.00
11,563.00
11,563.00
100.00%
0.00
TOTALS
$263,072.36
$263.072.36
$263,072,36
100.00%
$0,00
PLEDGER KALKOMAY
ORIGINAL
BUpGeT
DODSON & ASSOC.
FEES
EXPENSES
FREESE & NICHOLS
PLEDGER KALKOMAY
WETLAND TECH
TOTALS
104,460.00
$0,00
ADJUST
FINAL
TO FINAL
BuDGET
128.350.00
1,641.14
21,890.00
1,641.14
31,200.00
(9,522.20)
21,677.80
135,000.00
(33,159.58)
101,840.42
7,000.00
4,563.00
11,583.00
277,660,00
114587.64'
263072.36
PROJECT
CLOSED
5
BIG CREEK BRIDGES
OCTOBER 27,2004
BUDGET
CONSTRUCTION
ACTUAL
BUDGET
REMAINING
UNDER
(OVER)
and ENGINEERING
BRIDGES - PlEAK and TRINITY ROAD
CONSTRUCTION
PlEAK BRIDGE
TRINITY ROAD BRIDGE
ENGINEERING [Design, Construction, & General]
426,802
382,721
118,352
426,802
382,721
118,352
o
BIG CREEK OVERAll
517,202
517,202
o
12,100
13,475
58,973
12,100
13,475
58,973
0
0
0
38,763
62,736
88,464
38,763
62,736
88,464
0
0
0
$1,719,588
$1.719,588
$0
PROJECT - ENGINEERING
PHASE II - DESIGN
CHANNEll
CHANNEL II
PHASE II - OTHER ENGINEERING
EASEMENTS, LAND & PIPELINE RELOCATIONS
Right-of-Way, Easements, Pipelines Relocation
legal
land Acquisitions
TOTAL BIG CREEK BRIDGES
& PHASE II DESIGN
o
o
II
BIG CREEK BRIDGES
BRIDGES - PlEAK and TRINITY ROAD
BIG CREEK OVERAll PROJECT· ENGINEERING
PHASE II - DESIGN and EASEMENTS
927,875
517,202
274,511
927,875
517,202
274,511
o
o
o
& PHASE II DESIGN
$1,719,588
$1,719,588
$0
TOTAL BIG CREEK BRIDGES
PROJECT CLOSED
REPORT PREPARED: PML:
6
:ZS.Qd-2004
08:22AM
FORT BEND COUNTY
AGENDA ITEM
COMMISSIONERS
DATE SUBMITTED:
10/25/04
COURT AGENDA DATE:
11109/04
DOCUMENTS
County Attorney
EMS
(281) 341-4555
AGENDA
#/1A·/
between Fort Bend Connty and Benjamin E. Oei, M.D., Medical Director of
CONTRACT/AGREEMENT:
LIST SUPPORTING
OFFICE
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
SUMMARY OF ITEM:
Take all appropriate action on Renewal Agreement
Emergency Medical Services.
RENEWAL
- COUNTY JUDGE'S
Yes (X)
No ( )
....... ~-"'.
ATTACHED:
.<
.
;. \ 'l:
/( ... Fi; "
C
'>'''~?:,.,
C, ? ~
'. /'04
'\
FINANCIAL
SUMMARY:
BUDGETED
'~f1'~;~l~'
ANNUALIZED
ITEM:
Yes ( ) No ( )
N/A(
Object
Agency
DOLLARS:
OneTime
)
Fnnding Sonrce:
Fund
... ,....
COMMENTS:
( )
Recnrring
( )
N/A
( )
Original Form Submitted with back up to County Judge's Office: ( ) ( -/ when completed)
If by Fax to (281) 341-8609
(-/) Auditor
(-/) Budget Officer
( ) County Attorney
(-/) Purchasing Agent
(-/) County Clerk
Instructions
for snbmitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( -/)
( -/)
( -/)
( -/)
( -/)
Comm. Pet. 1
Comm. Pet. 2
Comm. Pet. 3
Comm. Pet. 4
Daniel Kosier, EMS
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Director
an Agenda Request:
1.
Completely
fill out agenda form, incomplete forms will not be processed.
2.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office
3.
All original back-up must be received in the County Judge's
RECOMMENDATION
\\~\~~~
~
(', h ~
S)~~~~S.
Office by 2:00 p.m. on Wednesday.
/ ACTION REQUESTED:
•
.:::> ,b..S '5:;,
must be provided by
STATE OF TEXAS
§
COUNTY OF FORT BEND
§
RENEWAL
AGREEMENT BETWEEN FORT BEND COUNTY AND
MEDICAL DIRECTOR OF EMERGENCY MEDICAL SERVICES
This Agreement is entered into on this the
R~ay
of
{)u..o~,
2004 by and
between Fort Bend County (hereinafter referred to as "County") and Benjamin E. Oei, M.D.
(hereinafter referred to as "Medical Director").
I.
Benjamin E. Oei, MD , hereby contracts with the County to serve as Medical Director of
Fort Bend County Emergency Medical Services for the term stated below. His duties as Medical
Director shall include, but not be limited to, prescribing medications and supplies to the
Emergency Medical Services, authorizing and approving protocols and standing orders for the
Emergency Medical Service personnel and providing continuing education to the Emergency
Medical Service.
II.
The services provided by Medical Director are exempt from the competitive bidding
requirements pursuant to § 262.024(a)(4), Texas Local Government Code.
III.
Throughout the term of this Agreement, Medical Director must maintain an unrestricted
license to practice medicine in the State of Texas, duly registered in Fort Bend County. He must
also maintain state and federal licenses to prescribe all classes of controlled drugs except
Schedule I drugs.
IV.
Medical Director shall devote such of his time as is reasonably needed to fulfill the
responsibilities and duties of the Medical Director for the Emergency Medical Services of the
County under the terms of this Agreement. Such time shaIl be not more than twenty (20) hours
per month, unless otherwise authorized by the Commissioners Court of Fort Bend County. It is
understood that Medical Director will continue to engage in private medical practice when not
performing duties under this Agreement.
V.
The terms of this Agreement shall commence on October 1, 2004, and end on September
30,2005, or upon thirty (30) days written notice from either party.
VI.
Throughout the term of this Agreement, a policy of liability insurance shall remain in
force at all times.
The Medical Director shall be included and covered under the existing
Emergency Medical Service liability insurance policy and any future such policies. The policy
shall have as a minimum limit the amount One Million and Noll 00 Dollars ($1,000,000.00) per
occurrence and One Million and No/IOO Dollars ($1,000,000.00) annual aggregate.
VII.
In consideration for rendering the services of Medical Director under the terms of this
Agreement, the County shall compensate at the rate of TWO THOUSAND AND EIGHTY
THREE DOLLARS AND THIRTY FOUR CENTS ($2,083.34) per month, payable on the
first County monthly pay period of each month. Upon prior approval of Commissioners Court,
the Medical Director shall be paid the sum of FIFTY AND NO/lOO DOLLARS ($50.00) per
hour for each additional hour over the above stated twenty (20) hours per month.
VIII.
It is agreed by the parties that all times and for all purposes hereunder, Medical Director
is an independent contractor and not an employee of the County. No statement contained in this
agreement shall be construed as to find Medical Director an employee of the County, and
Medical Director shall be entitled to none of the rights, privileges, or benefits of County
employees except as otherwise may be stated herein.
IX.
It is agreed that nothing herein contained is intended or should be construed as in any
manner creating or establishing
constituting
representative,
Medical
Director
a relationship
(including
of co-partners
between the parties, or as
its officers, employees,
and agents) the agent,
or employee of the County for any purpose, or in any manner, whatsoever.
Medical Director is to be and shall remain an independent contractor with respect to all services
performed under this agreement.
RECORDED ON
\\-
V\·Q ~
IN THE COMMISSIO~E~!f~URT
MINUTES OF.
x.
..-
This Agreement shall be governed in accordance with the laws of the State of Texas and
shall be performable in Fort Bend County, Texas.
F
,.
By:
Robert Hebert, County Judge
Date:
ATTEST:~
Dianne Wilson, Ph.D, County Clerk
EMS MEDICAL DIRECTOR
By:
Date:
ii:t:.. .'
I hereby certify that funds are available in the amount of $25,000.08 to pay the obligation
ofFort Conn'y
B<od
nnd" nnd wiiliin ili,
em'!;";;;
Ed Sturdivant, Auditor
Ilj :/medicaldirector2005renewal:
1563: 100604
1'-\ .
FORT BEND COUNlY
H3iiJ':JDA~T8
ICE I URN TO: AGENDA COORDINATOR
- COUNTY JUDGE'S
omo:
SUBMITTED BY: Rid< RolJertsoB
DATE SUBMIttED:
I1fQlle.t
AGENDA
DI'.PARTMENT: EMS
C01lRT
AGENDA DATE: 1l109l1OM
PBom:
SUMMARY OF ITEM: Approve additiollaI paymeat
without a Purchase Order for Fiseaf Year 2004.
of S281.116 To LUlebarger
RENEWAL
Yes()
CONTRACT/AGREEUNT:
NO.: 281-344-3004
Collectioas
For coIlectioes of EMS fuBds
No( X)
LIST SUPPORTING DOCUMENTS ATrACJII:D:
FJNANCIAL
SUMMARY:
BUDGETED
Yes(
ITEM:
) No(X)
FwtdiaC Source:
Agepq 0J4
Fund 010
ANNUALJZED
N/A()
DOlLABS:
OneTIlJIe
Object 4010
ReauriDg
()
N/A
COMMEN'IS:
()
(
)
Qriginal FOnD Submitted with back lip to County Judge's Oftit:e: ( ) ( ~ when eomplded)
If by E-MlUl to ospindon@co.fort-bend.tx.us
If by Fax to (281) 341 -8609
Copies with ItadHIp tel
(281-342-0587)
(281-341-3774)
( ) Comm. Pct.. 1
( ) Auditor
(%81-403-8009)
(281-344-3954)
(
)
Comm.
Pct.
%
( ) BUdget OfrlCer
(281-242-9060)
(281-341-4557)
( ) Comm. Pet. 3
( ) County Attorney
(%81-341-864%)
( ) Comm. Pct.. ..
(281-980-9077)
( ) Pun:hasing Agent
(281-341-8697)
( ) County CJerk
1.
Z.
3.
COIIlpletel,flU out agendaf-.
iDCmMplete formswiD _lie JMM
..
Apda Request Fonas lIIay lieIIlblIIiUl:d by e-mail, fax, or iuter-aftice ...n, and ... iIIfonutioa mast he
Wednesda, lit 1:00 p.1II. to the departments tilted a~
Allorigiul
back-ttp IIIlISt liem:eMd illdie COIIIIty .T1odge·s 0IIicIe by 1:00 p.& 8Il Wedr Nay.
RECOMMENDAnON
I AcnON
REQlJJtSTED:
smmded b,
FORM B01
IN THE MA ITER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
9th
On this the
day of
November
, 2004 ,the Commissiollefs' Court, with the following members being present:
Robert E. Hebert
County JUdge
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
THAT WHEREAS,
theretofore, on September 28,2004, the Court heard and approved the budget for the year 2005 for
WHEREAS, on proper application, the Commissioners' Court has transferred an existing bUdget surplUS to a bUdget
of a similar kind and fUnd. The transfer does not increa .. the total of the budget.
The following transfers to said bUdget are hereby authorized':
Department Name:
-==~
EMS
Department
034
I:
TRANSFER TO:
UNE.fTEM NAME
NUMBER
Software
AMOUNT
036-3040
$1,250
-"-=~
$1,250
TOTAL TRANSFERRED TO: .::$
TRANSFER
FROM:
Software
034·3040
$1,250
TOTAL TRANSFERRED FROM:...:!$:...-
..2C~::.::_
$1,250
EXPLANATION: Transferring funds from EMS Budget into MIS Budget for purchase of Tape
Backup License to allow data from EMSPRO to be backed up by MIS.
Date:
03-Nov-04
SE WHOLE DOLLARS ONLY
ICj
"
,/
~
/-,-
FOR THE YEAR 2005
FORT BEND COUNTY
AGENIJA ITEM
DATE SUBMITTED:
SUBMITTED BY: Hopie Solomon
11/011104
AGENDA
# IC\6
DEPARTMENT:029
PHONE NO.: 281-342-7300
COURT AGENDA DATE: 1I/09n004
SUMMARY OF ITEM:
(I) Renew pbarmaceutical contract witb Wanda Franklin for FY 2005 in tbe amount of $3,000.
Yes (x)
r~,·~
W,
~~
No( )
LIST SUPPORTING DOCUMENTS ATTACHED: Copy of agreement.
, J" ~
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes(x)No()
--COtJtCtj
COMMENTS: See attacbment
ANNUALIZED DOLLARS:
One Time
N/A( )
Funding Source:
Fund 010 Agency 0290 Objcct 4010
Recurring
N/A
(
( )
)
(
)
CC with back up:
(x) Auditor
( x) Budget Officer
(x ) County Attorney
( x) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
)
( '" when completed)
( x ) Comm. Pet.
( x ) Comm. Pet.
( x ) Comm. Pet.
( x ) Comm. Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
Fax or inter-office copies of agenda form witb all back up information by Wednesday at 2:00 p.m. to
tbe departments listed above.
All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.
\\- \~-\)'\
WFPC
CORPORATE OFFICE
#4 Turnbury Court
Trophy Club, Texas 76262
Tel. (817) 491.2488
FAX (817) 491.7293
q
,200!L
BETWEEN:
Pharmaceutical
-and-
Consultants,
Inc., d/b/a: WFPC
Fort Bend County Social Services
4520 Reading Road. Suite A
Rosenberg. Texas 77471
WANDA FRANKLIN, or an Agent of WFPC, will teach the AppointedCoordjnator
how to initiate and activate the Pharmaceutical Assistance Program to increase services to
this community while saving money.
This will be accomplished without infringing upon the physician for his/her time or that
of the office staff. With the completion of this program, the designated coordinator will
be able to better service the community. There will be fewer costs to hospitals and
service organizations because participants will be receiving medications free.
It is anticipate that this program will provide service for five to eight years. This program
allows for the possible withdrawal of any pharmaceutical company or any pharmaceutical
product at any time if any company so desire without fault to anyone.
The fee for this leasing service is a one time rate of $3,000.00 each year, plus, any travel
expenses. (Expenses are items as transportation, meals, lodging, airfares - not to exceed
$
-V.) Fee is to be rendered ten (10) days prior to training. Expenses are
payable within ten days upon receipt of invoice.
In return, Fort Bend County Socjal Services will receive all necessary forms, books,
instructions, software, hardware, (software and/or hardware, if applicable) and technical
training to start the WFPC Pharmaceutical Assistance Program (PAP) for the Community
of
Fort Bend County Texas.
In return, Fort Bend County Social Services will receive all updates to pharmaceutical
contacts for
twelve
c.....l2.-) months from the date of this contract. Beginning
contract date is October! 2004 and ending
September30 2005 .
V\
l·q -u .
RECORDED ON \ \.
-Cl ~
IN THE COMMISSION~R COUW
MINUTES OF.:
Page 2
In return,
Fon Bend County Social Services will receive continued consultant support up to
~
LLJ year/s from date of signed contract and three (3) visits per year in which one
visit will be the training session.
At the end of the contracted date and if Licensee chooses not to renew the contract with
WFPC, WFPC will retrieve all WFPC forms, books, instructions, WFPC software,
hardware (if applicable) from Licensee within two (2) business days without prior notice
to Licensee.
It is the understanding
of both parties that this program, software licensing, and forms
have a United States copyright; therefore; are confidential and the sole property of
Wanda Franklin. All forms, software, intellectual properties, and the program may not be
disclosed, changed, reproduced, copied, exchanged, given away, sold to another, or partly
used within another program without the written permission of WANDA FRANKLIN.
There are many programs that try to emulate the WFPC PharmaceuticalAssistance Program both in Texas
and the United States, but WFPC's Pharmaceutical Assistance progrnm is the only progrnm that has
protected conttactual rights which allows for unlimited supplied forms and applicatioDS. These rights are
protected by the United States copyright law; therefore, are confidential and the sole property of Wanda
Franldin. Anyone suspected of offering the WFPC program without the written authorization of Wanda
Franldin andlor thought to be offering the WFPC program through another name or entity will be held
liable for all loss and damages and subject to fines as described in the FederalCopyright Statues.
by:~b~r+
tic-bed
tOU,f\+lf ;J14dCjt
Please Print
""'"
ATTEST:
n-9-"~
~
Dianne Wilson,
COunty Clerk
Ph.D.
FORT BEND COUNTY
AG~'DA ITEM
COMMISSIONERS COURT AGENDA REQUEST fORM
RETURN TO: A6E;NPA COORDINATOR - COlJNTY lUDGE;'S OFFICE
DAn:: SUaHJ"TTE:D:
COUkT AGENDA DATE:
10lU/04
SUBMITTED IlY:
11/2{04
DEPARTMENT:
PHONE NO.:
THO!'1AS M. ANDERSON
HUMAN !ff!'\l!!CES
281/341-H31
SUMMARY OF ITEM:
COMMISSIONERS
COURT TO APPROVE
ROAD
&. BIUDGE
LIST SUPPORTING
Yes (
)
SICK LEAVE FOR AN EMPLOYEE IN
NUM&ER 075-0135.
DEPARTMENT, POsmON
RENEWAL CONTRACT I AGREEMENT:
request from :Jo
18 DAYS OF EX'lCNDEP
No (X)
DOCUMI!NTS ATTACHED: Memorandum from Human ReSources Department
Tral'lan, on betlllif of Marc Grillot, requesting extended sick leave.
and elllftil
FINANCIAL SUMMARY:
BUDGITED ITeM:
Yes (
) No (
)
COMMtN'T5:
ANNUAUZED DOLLARS:
NI II
Funding Source'
Fund
n
(
)
One Tirne
()
Recumng
()
H/A
(
)
Obj
CCwith back up:
yes (X) Auditor (281-341-3774)
yes (X) Budget Officer (281-344-3954)
(X) County Attorney (281-341-4557)
"5
yes ( ) Purchasing Agent (281-341-8642.)
yes (X) County Clerk (281-341-8697)
Instructions for submitting
1,
2.
3.
L
IIn ~enda
yes (X) Comm. Pet. 1 (281-342-05~7)
yes (X) Comm. Pet. 2 (281-403-80119)
yes (X) Comm. Pe;t, 3 (281-242-90110)
yes (X) Comm. Pet. 4 (281-980-90 '7)
Request:
Completely fill out agenda form, incomplete farms will not be prooessecl.
FiIIXor Inter-office copies of agenda form wltll all back pp Information by Wedlleliclay at 2:00 p.m to
the dllPartrnents lillteclabove.
All original back-up must be ,..ceiYed In the County Judges omce by 2:00 p.m. on Wednesday.
~
_
RECOMMENPAnON
TAKE ArnON
W'd
,£:" vOCe
I ArnON
R!:QUESI'ED:
._---_.- ._-
RECOMMENbED BY HUMAN RESOURCES Dl!PARTMENT
8e .80
S,98-,v£-,8e:XUj
.ld3Q '(jH J8j
MEMORANDUM
TQ;
Judge Robert Hebert
Commissioner Tom Suvinoha.
Commissioner Grildy Prestage
Commissioner James Pa~rson
FROM:
Tracy Frazier, Human Resources Generali6)
COPV,
Marc Grant. R.oad &. Bridge COmmissionet:fj,/
SUBJECT:
COM:M:ISSIONERS COURT AGENDA ITEM - Robert Lopez Extended
Sick Leave
DATE:
October 28. 2004
--------------
-------
••
-_.-
Marc Grant, Road & Bridge Commissioner. has requested an item be placed on the
November 2, 2004 Commissioners Court Agenda, see attached memorandum. The
following staff briefing provides infonnation regarding the request for your
consideration,
Background
Attached is the email request from Mw: Grant requesting thai Commi55icners Court
grant extended sick leave for Robert Lopez of the Road & Bridge Department. Section
709.08 of the County Employee Infomation Manual regarding extended sick leave
states:
On a case by case hasis, Commissioners Cour! reserves rill' riglll /0 extend
regular siele leave benefits for an employee's specific, seriOU8 illness or i'!il./ry·
Extended Sick leave allows an employee 10receive additional sick leave' time if the
employee's seTiOtlS illness or injury force.s an employee 10 exhakSt all Clccrued
time, as defined in Section 709.05, earned from Ihe COlmty.
accl'Ued time must be exhou.'ted before Commissioners CO!'Tt will
grant eXlImdea sick leave. Once extended .ick leal'S is grail/ed, Ihe em"loye" may
only utilize this lime for aa,ences $pecijic to the serious iJlnesj Or injury il was
All available
granted.
CO'd
1£:11 vOO~ 8~ lJO
'ld3G '~H Jff.,
Robert Lopez has bf;cn employed with Fort ~enl! CQunty since May 4, 199<, Robert will
exhaust his leave balances as of Wednesda.y, November 3. 2004.
Recommendation
Human Resources recommends that Commissioners Court grant 18 days of extended sick
leave for Robert. He must first exllaust all of his accfl,Ied leave before being ahle to utilize
any extended sick leave srantcd by the Court.
If you have additional questions, please call mf; 1112811341-8624.
A ttochmllnT
£O'd
S198-1V£-18G:X~~
'ld30 '~H :JH~
From:
To;
Oate:
SUbject:
Joyce Mikesk",
Mllre Qrant; Tracy Ff8Zier
10126120049:54:53 AM
Extended Sick Leave
At Marc Grant's request I am requBlltlng the maximum amount Of extende<:lsick leave for Road and
Bridge employe. ROberllopez. His DOH is 06·04-96 and his SS# 1.
. Due \0 a serious
medical condition he will SOOnexhaust all his available ltave.
Thank you fur your consideration of this malter.
Sincerely,
JOyce Mikeska Trahan
Administrative Secretary
~O.d and Bridge Department
170'd
1£;11
1700c 8c tJO
S198-117£-18c:xe~
'ld3G
'ClH JEU
COMMISSIONERS
SUBMITTED:III02/04
~ppr",
0 ••
- COUNTY ,JUDGE'S OFFICE
0.' lTEM:Roqucsl plo.tement on Con,.nl Agenda
Iary assignmenl fur pu,III4111OH-0491. Shrrifr. Offi .. , .1 • Grod. 9, Slep 4, Low J:'lfor.emenl
(51,249.1>3 biweekly)
RENl:\\,tJ. CONTRACT/AGREEMENT:
LIST SIPPORTING
P.08
AGENDA
SUBMITTED BY: Thoma, Andersun
DEPARTMENT: Hllm~1I Rts41ur<os
PHONE NO.: 281/341-8631
COlikT AGENOA DATE: 11/09/04
~~U,R1(
15:09
FORT BEND COUNTY
!'.r:;t=.ND?\
[,EM
IU:TURN TO: AGENDA COORDINATOR
DAh
Nov 2 2004
Fax:281-341-8615
FEe HR. DEPT.
"os ()
#
~o6
Policy Group.
No ( )
DOC{IMENTS ATTACHED:
F1NA:'iCIAL SUMMARY:
BUDGETED ITEM:
Yc:s(
~'uDd
) Nu()
ANNllt\LlZED
N/A()
liundiDIl Source:
Alleney
Obj«1
DOLLARS:
OneTimq
()
Reeurdllg
N/A
()
( )
COMMENTS:
Oliginal jo'orm Submitted with back up to County Judge's Office: ( ) ( .I wben eompleted)
Ifby E-Mail to "'pindon@co.fort·bcnd.tx.us
ICby Fax to (28]) 341-8609
Cupies with back-up to:
(28].341.3774)
I X) Auditor
( X ) Comm. Pct. 1
(281·342·0587)
t X) Budget Officer
(18]-344-3954)
(X ) Corom. Pet. 1
(28] -403-8009)
(281-34] -4557)
\ X ) Couoty Attorney
(28].242.9060)
( X) Comm. Pet. 3
(281-34 j -8642)
I
) Purchasing
Allent
( X) Comm. Pet. 4
(281-980-9077)
(28] .341·8697)
l X) County Clerk
:aotru,"ioDS for .ubmittiRR an Agendm Rellu""
,
'.
-
,'omplelely till out aa,nda form. incomplete forms will not be proce .. ed.
_genda Request 1'0rOl. may be SUbmitted by e-mail.fn.orinler-urnc.mml.
and llli itlforDllllion m""t be provided by
Wednesday II 2:00 p.OL to lhe dep.rtmenls Ii.ted allove.
"I orixillli back-up mUlt be r""eived in lbe Coualy JudlilC's om.e by %:00 p.m. on Wednesday.
,.------------------
--.J
RECOMMENDATION
ApI" ".e ... I.ry a.sillum.",
I ACTION
REQII£STED:
for pooitiun 027-0491. Sherirr, om.. , a' a Gr.de 9, Slep 4. Law EnfurceOlent Poli<y Croup,
($1.%49.63 biweekly)
Nov
Fax:281-341-8615
FBe HR. DEPT.
2 2004
15:09
P.09
--------------------------:-:::-:--:=P.-r,;-------,
FORT BEND COUNTY
,6,GENDA II
COMMISSIONERS
IU;TURN TO: AGENDA COORDINATOR
,IUDGE'S OFFICE
SUBMITl'El) BY: T1,oml\$ Aradcrson
DEPARTMEN'f: Human Resoure«
PHONE NO., 181/341-3631
DAn. SUBMI1'TE:D:IIIOll04
Caner
- COUNT"
AGENDA DATE: I\/000l04
AGENDA
#
;loc..
SUMMARY OF f'fE:M:Re" ... t pl •• """1l[ on Con .. nt A;:enda
Appr~' ~."Iery a.,illnmen, fllr po.ition 027-0490. Sheriff'. Offi •• , at a Grade 9. Step 6, L"w J£nforcCnlenl PoliO)' Group,
(51.309.08 biweekly)
Y... ()
RENEWAL CONTR.ACT/AGREEII<lENT:
LIST ~IPPORTINGDOClJMENTS
No ( )
ATf"CHI£O:
FINA~CIAL SUMMARY:
BUDGETED ITEM:
\1:$(
!Un<l
) No()
!'IIA!)
~'undinc Source:
Aleney
Object
ANNUALIzED
DOLI.-ARS:
ODe TilDe
()
ll.~lIrrinl:
N/A
(l
( )
COMMENTS:
-----------:-------------,-----------,
Original Form Submitted with back up to County Judge's Office: ( ) ( ./ wheD completed)
t(by
Cupies
I X)
\ X)
E-Mail 10 05piDdoo@co.forl-bclld.tx.u$
with back-up to:
Auditor
(281-341-3774)
(281-344-3954)
Budget Officer
, X ) County Attorney
(281-341-4557)
(281-341-.8642)
I
) Purchasing
A~eDt
i. X) County Clerk
(281-341-8697)
ltby Fax to (281) 341-8609
( X ) Camm.
( X ) Camm.
( X ) Camm.
( X) Comm.
'Pet. 1
Pet. 2
Pct. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-98()"'9077)
lUitruchon~for lubmiUjDI _" Aaenda Re'l"est:
\ umplelely fill out llIlend. lorm., ineomplete forms will nol be proeessfd.
'Kenda Requ .. t Forni' may be submitted by e-tn:l.il, Tn, Or inler ... rfi.. mail. and "lIln(oJ'lllllOon Dlllst be provided by
Wedne¢ny nl ~:oo p.IL to the departments Ii.led abov •.
.<11orlgiDn. bAck-Up IDUSIb. r..,eived in the County Judge's Olli« by 2,01) p,m. on Wed.elday.
RECOMMENUAl'ION
I AC'l'ION REQUESTED:
API" ·,ve .. Iary ... ignlTlOn, for posltinn 027-0400, Sh.rifl'. {)fficc. II • Grode 9, Step 6, I .... Enforc.ment
($1-'09.03 biweekly)
Polley Group,
COMMISSIONERS
n SUBMITTED:
15'08
FORT BEND COUNTY
ft,Gt:.NUA
lU:TlJRN TO: AGENDA COORDINATOR
I)A
Nov 2 2004
Fax:281-341-8615
FBe HR. DEPT.
ACENDA
#
;201>
DEPARTMENT: Human ReSources
PHONE NO.: 2811341-8631
COUI'[ AGENDA DATE: 1110'1/04
II l:iVl
SUBMITTED BY: TMIiJo. Anderson
11102104
P.04
§UM;t4.RV OF IT£M:l{oqu .. t placement on Conselll Agenda
","pp .. ""
'013"
... lgnmenr for po, ilion 027-0441. Shariff'. Office, al a Gr.de 9, Step 7. La", t:"forcemcol
($1,339.83 bi .... k1y)
Y .. ()
REN1:"'AL CONTRM:TIAGREEMENT:
LIST ~tPPORl'lNG
DOClIMt:NTS
Policy Group.
No ( )
A'J"I'ACHED,
FINA:l/CIAL SUMMfto.R.Y;
RUlGETED
"cs ( ) No ()
Fund
ANNlJALlZED
ITEM:
NIA ( )
~'unding Source:
Agency
Object
DOLLARS:
One Timt
()
Reeurring
NIA
()
( )
----~--------------~---~
f'Qrm Submitted with back up to County JUd2e's Offiee: ( ) ( ./' when completed)
If by E-Mail to ()!<plndon@eo.fort-bend.tx.us
If by Fax to (281) 341-8609
Copies wltb back-up to:
(281-342-0587)
( X ) Comm. Pet. 1
(28J-341-3774)
t X) Auditor
(281-403-8009)
(281-344-3954)
(
X
)
Comm.
Pet.
2
( X) Budget Offtter
(281-242-9060)
(281-341-4551)
( X ) Comm. Pet. 3
( X) County Attorney
(281-980-9077)
(281-341-8642)
(
X)
Comm.
Pet.
4
( ) Purcbaslng Agent
(281.341.8697)
I X ) County Clerk
Original
Instr'u~"Qa5 tor ,ubmittiDG
1.
1.
J.
1Il1'1
Agenda
Rcque5r.:
Complelely fill out .. end. rorm, IncompJele ror"", will nOt be pro'l!4~c4.
\lI:cnda Request Forms may be .ubrnllted by •• mall, fox. or inler-office mall, and .1I11\[ormatioD musl b. provided by
Wedoeld'y.t
2;00 p."'" t. lhe deparlmoot.liotcd
above.
\11 ori:ioal back-up mUSt be reeeind in the County Judge's Omce by 2:00 p.m. on Wednesday.
RE<'~QMMEND..\T10N 1ACTION REQUES'fED:
AP5HfIVe salary assi_nm,mr for I)oshioll 027 ..0441~ Sherifr" Offiee, at a (~r~dc: 9~ Step 7. La'" Enforccluent
Policy Group,
(SI.33~.~
biweekly)
_
,_~~
---.J
Nov
Fax '281-341-8615
FBe HR. DEPT.
2 2004
15'08
P.O?
FORT BEND COUNTY
COMMISSIONERS COURT AGENDA REQUE~FORJ(1!TEM
RETURN TO, AGENDA COORDINATOR
DAn
SUBMrrn;D
S(JBMllTED,11l0~/04
conn AGENDA
- COUNTY JUDGE'S
OFFICE
BY: Thorn .. Andenon
DEPARTMENT:
Human Re.ol ..
SllMl\. o\.RYOF ITEM,k"'lu •• t pl ••• men, on Con_enl "gonda
"ppn" " ,alary assignment f"r positinn 027.11461. Shcrirr. Office, at a Grad. 9, Slep 7,I.aw Enfor«menl
($1,339.85
Polley Group,
biweekly)
RlNEWALCONTRACTIAGRElMENT:
DOCliMENTS
/I ,;}o(;
PA:ONE NO.: 211I/J41-1l6J1
DATE: 11109104
LIST SI'PPORTING
AGENDA
«.
YeS()
No()
A1"fACtfED:
FINASCIAL SUMMARY:
BUDGETED [TEM,
'1'.. (
FlIncl
) No ()
NI!\()
Fundlnc Source:
AlI;ency
Objec,
COMMENTS:
ANNUALIZED DOLLARS:
One Time
()
R""urring
N/A
()
( )
~'
!lOcin31 Form Submitted with back up to County Judge'5 Office: ( ) (~ when complered)
If by E-Mail to ~piDdon@eo.forl-bend.tx.u5
If by Fax to (281) 341-8609
Coipies witb back-up to:
(231-341-3774)
I X) Auditor
( X ) Conun. Pet. 1
(281-342-0587)
(281-344-3954)
( X) Budget OfficeI'
(X) Comm. Pet. 2
(281-403-8009)
(281-341-4557)
( X) County Attorney
( X ) Comm. Pet. 3
(281-242-9060)
(281-341-8641)
) Purcha~IDg AgeDt
( X ) Comm. Pct. 4
(281-980-9077)
(281-341-8697)
\ X ) County Clerk
l.
!.
I.
"omplelely fill oul agenda (orm, incomplete forms .. ill nol be pl"\ICffled.
',.ft(lll Requ .. t Forma may be ,ubrnitred by .. mall. fax. or inter-omce maU, and all information
Wednesday al 2,00 p.lII. 10 Ibo deparlmenl. ~.tcd above.
\11original back-up IIIU~1be received in the Counly Judlc', Oflict by 1:00p.m. on Wednffilay.
RECOMMENOA nON
ApI1HlVr I'alal1' a'isia,nmenr ror I)Osition 027-0461. Sherifrs
must be prOVided by
I ACTION REQUEst'ED:
omcl:~at
lilI
($1.339.lI!I biweekly)
Grade 9",Step 7.. I.a.w Entoreement
PoUey Grou.p.
-
Nov 2 2004
Fax:281-341-8615
FBC HR. DEPT.
15:08
P.05
._----------------------=-:-=""'-----,
DAn
SUBMJTTED BY: Thomas Anderson
Human Resource.
PHONE NO.: 2811341-8631
SUBMITTED,IIIOZ/04
AGENDA
DEPARTmNT:
con< r AGENDA
DATE: 1lI0"'04
S\JM:l-HRY OF ITEM,R<"Iue.ll'l .. emcol on Con.enl Agenda
-\ppr ... < Ulary assil:nment for position 027.0115. Sherlll"s Olli ... al.
($I.6Zl.ll biweekly)
RENlO:WAL CONTR.ACT/AGREEMENT,
L.IST SI'PPOR-TlNG DOCUMENTS
Ves ()
end. 9, Slep
14, I .• '" Enforcement
Ii
,;loF
Policy Group.
No ( )
ATTACHED,
F1NA'ICIAL SUMMARY:
BUDGETED ITEM;
\ lIS (
)
No ()
to" undiDI
I'l&lld
I\:tney
N!'()
Source:
Obj«1
ANNllALlZED
DOLLARS:
One Time
()
fl.eeurring
1'1/1'1.
(
COMMENTS:
()
)
Original Form Submitted with back up to County Judge'.
Ifby [-Mall to owindon@co.fort-ben~l.tx.lIs
Otth:e: ( ) ( .I when completed)
If by Fax to (281) 341-8609
Cupies with back-up to:
(X) Auditor
\ X) Budget Officer
( X ) County Attorney
! ) PurchasiDt: .o\gent
I X) COUDry Clerk
(281-341-3774)
(181-344-3954)
(2111-341-4SS7)
(181-341-8642)
(281-341.8697)
( X ) Camm. Pet. 1
( X ) Comm. Pt;t. Z
( X ) ComlD. Pet. 3
( X) Comm. Pet. 4
(281.342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
[DltnJ.':lionll for c:ubmittiDR aQ ""gelida Requut:
I.
!.
I.
•·ompletel~ fill out .gend" form,lncompletc forms will not be pro".~II.
,c*nda Request Forrm may be 5ubmitted by .-mall. fu .. or loter-orn.e m2il, and all hI formation m ... t be provided by
Wellnesday al 2:00 p.l,V\. to tile department> lisled above.
\11orillioal baCk-up must be reeeived in the Couoty Judge's om.. by 2:00 p.m. 00 Wedn.sday.
RECOMMENDATION
/ ACTION RI'QUESTED:
API" "v· •• alary ... ignmeoj 1<,,' posilion 027.0115. Sherin', omce, at. Grftde 9. Step 14, Law Enforcement
(51.621.11 biweekly)
Policy Group,
Fax:281-341-8615
FBe HR. DEPT.
COMMISSIONERS
15:07
P.02
COUNTY JUDGE'S
OFFICE
SUBMITTED BY: Thom.s Anderson
DI>PARTME.NT, Hllman R•• ollrc.,
PHONE NO., 281/341-8631
SlmMITTED:1tJOU04
cm,IH
2 2004
FORT BEND COUNTY
AGENDA ITEM
IU:TURN TO: ACltl'lDA COOROINATOllDAn
Nov
AGENDA DATE: 11/0'1104
AGENDA
N';;0
f,
;;UMM-\RY OF ITEM :R.equest pl;lcoment nn Conso"l Allend.
<\pprul
<
salary as,ignment
fnr po,ition 023-0020. Const.blol'rednctl"1
($1.621.11 biweekly)
RENt: ""AL CONTRACT/AGREEl$ENT,
elST lll'I'PORTING
DOCUMENTS
Y.,,;()
a Grode 9, Slep 14, Law Enforcem<llll'olicy
Groop,
No()
ATTACHED:
FINM~C(AL SUMMARY:
BUDGETED I'l'EM:
Ves ( ) No ()
Fund
ANNl! ALlZE$ DOLLARS,
NIA ( )
~undloll Sour •• ,
Agency
ObjCCI
On. Time
COMMEN~
()
Recurring
()
N/A
(
)
Ongjnal Form Submitted with back up to County ,Judge's Otfiee: ( ) (./ when completed)
Ifby E-Mail to OlIDjDdon@l:o.fort·bend.tx.us
lib)' Fax to (281) 34t-8609
("upies with back-up to:
(281-341-3774)
( X ) Comln. Pet. I
t X) Auditor
(281-342-0587)
(281-344-3954)
I X) Budeet Orncer
( X ) COIlUD, Pet. 2
(181-403-8009)
(281-341-4557)
I X) County Attorney
( X ) Comm. Pet. 3
(281.242.9060)
(281-341-8642)
i ) Purchasing Agent
( X ) Comm. Pet. 4
(281-980-9077)
(281-~41-8697)
\ X ) County Clerk
[nstru4,'I~PS for 9ubmit[lag
I.
I.
l.
UQ
"'Renda Req:ue~l;
• 'ompletely fill out agenda rorm, incomplete (orms willllot be processed.
~ceDdll Roque.t FOrllD may be submitted by .. m.i1, fax. or inter-om .. JItlIlI,and all informatioD mUStbe provided by
Wednesday at 2,00 p.m. to'he departments listed above.
'II orillinal back-up I1'ID.tbe r",,<iYed in tbe Counly Jodge" om .. by 2:00 p.m. 011W«Illesday.
RE("OMMl:NDATION
~ppru.,' ,.'ary
__
.
a.sicnmenl
I ACTION REQUESTED:
lor posilion 023-0020. ('nn ... bl. Frecinet), at" Grade 9, Step 14.l.aw Enforcemenll'olicy
($I,62\.1I biw~l<Jy)
Group
--1
Fax:281-341-8615
FBe HR. DEPT.
COMMISSIONERS
l:OPfr
15:08
P.06
FORT BEND COUNTY
AG;:;.NDA i i EiI.;!
IU:TURN TO: ACENDA (:OOROINATOR.
DAn
Nov 2 2004
COUNTY JUDCE'S
OFFICE
SUBMIl'11:D BY: Thomas Andenon
DEPARTMENT: Hllman Re.our ... ,
PHONE NO.: 1811341.8~31
SlJBMITrED:IIIO~/04
AGENDA PATE; 11109104
SiiM:"\l.UlY OF ITEM:R"'\UOSI placement on Coment Agenda
Apprll' < 'alary a",ignmenl for position 027·0043. Sberifrs Offi •• , at a Grad. 10, SICP 8. Law t;"forc.01.nl
($1.504.75 biw .. ~ly)
VeH)
AGENDA
# ;;20 H
Policy Group.
NO()
LIST :>1'PPORTING DOCUMENTS ATTACHED:
FINANCIAL SUMMARY,
BUDGETED ITEM;
Fund
.....ndiog: Source:
Agency
Obj.ct
ANNUALIZED
DOLLARS:
OneTime
()
Reeul'J'iog
NIA.
(
COMMENTS:
()
)
Orleihal FOrm Submitted with back up to County Judge's Offiee: ( ) ( ./ wben completed)
If by E-Mail to 05pindon@co.fort·bend.tx.us
If by Fax to (281) 34t-8609
(""pies with back-up to:
(281.341-3774)
( X) Auditor
( X ) Comrn. Pet. 1
(281-342-0537)
(281-344-3934)
i X )8u<tget Officer
( X ) ComDl, Pet. 2
(281-403-8009)
(2111-341-4557)
\ X ) County Attorney
( X) COiD.m. Pet. 3
(281·242-9060)
\ ) Purchasing Agent
(281-34t'8642)
( X ) Comm. Pet. 4
(281-980-9077)
(281·341-8697)
t X) County Clerk
fnstrul.'r1ons tor ~ubmittiQg aD AseDda R.qUHIE~
I.
I.
I.
"omplelely fill oui aceoda form. iocomplete forms will 001 be prote •• ed.
'I.nd. Request .'orms may be submitted by e-mail.fa .. orlnte ....om •• mall, and all inforlWltion must be provided by
Wedoe.day .11;00 p.Jll, to tIM department, Ii.ted abo, ..
,U orilloal ba~k·up must be re •• i,ed in the Couoly J"dge', OlT",e by 1:00 p.m. 00 Wednesday.
RECOMMt;NDA
nON I ACTION REQUESTED:
Apop·'.,,·e salary iils:sh;:lImenl for ~Jo:lition027 ..00<43. Sheri(r,.; Office, at a Cra.de 10, St*p 8. Law Enforcement Policy Group,
($1,364.75 biweekly)
Fax'281-341-8615
FEe HR. DEPT.
15'07
P.03
. £1\\!0/\! I i:::M
COMMISSIONERS
FORT BEND COUNTY
Ri:TURN 1'0: AGENDA COOR~INATOR
DAn
Nov 22004
- COUNTY JUnCE'S OFFICE
AGPDA
N
SI,J&MITIED BY: Thomas ADdtNon
DEPARTMENT: HumAn Hesourtc.
PHONE NO.: 2811341-8631
SUBMITTE0;11/0U04
CO{MT AGENDA DATE: 11109104
Jor
;;1JMl\1\RY 0 .. l'I'EM:Requ .. t pl:lcement on Con"'''l AIl.nda
Rt:tain ·.riginal budKe-ted amount fur pO!!iilion Of 2..00.39, Ohtdet An:urney, at Grade 14, St~,)10. Pro(esRionalJManagcluenr
(:roup ($3.00J.J2 biweekly)
RENf:W ~
Policy
CONTRACT/AGREEMENT:
LIST ~(PPORTJNC
DOClJMENTS
ATTACHED:
FlN>\~CIAL SUMMARY:
ANNIJALIZED
BUDGETED ITEM:
'"
(
) No ()
N/A ( )
<'undine Source:
Agency
Object
Fund
DOLLARS:
One Time
COMMENTS:
()
Recurring
()
NIA
(
)
Orjginal Form Submitted with hack up to County Judge's 01fiee: ( ) ( .r when completed)
Irby E-M2il to ospindoo@eo.fort-ben<l.tx.1I5
lfb)' Fax to (281) 341-8609
('lIpies with bac:k-up 10:
(281-342-0587)
(281-341-3774)
( X ) Comm. Pet. I
{ X) Auditor
(281-344-3954)
(181-403-8009)
(
X
)
Comm.
Pet.:2
\ X ) Budget Officer
(281.341-45S7)
(%81-242-9060)
( X) Comrn. Pet. 3
I X) County Attorney
( X ) Comm. Pet. 4
(281-341-8641)
(281-980-9077)
( ) Purchasing AKeot
(281.341-8697)
I X) County Clerk
__________________________
[nstru('(tODAfor luhmit1illS
I.
!.
I.
aD Ag4nda Rll:qut:$C~
Completely fill out 2g<nd2 forlll. incomplete forms Will Dot be pr_s.M.
\a.alla Requ<ot Forma may be ,uhmitted by .. _II. fn. or inter ....m•• mail, And aU inrormalion
WednesdAy a, 2,00 p.JD.IO tbl departments listed abov ..
\11 original baek·up mus, oe receive4 in Ihe County Jud::e', Ofl'ice by 2:00 p.m. on Wednesday.
RE("OMMEN~A
etailJ
-J
U1
nON!
mll,t be pnlvllled b)'
ACTION REQUESTED:
'ainal bvdf:ch:d amoun( "or po~ilion 012"()OJ~~Ilistri .."l A.ttorney, at Grade 14",Stt.p 1O~Professional/Management
Group (53.002.22 biweekly)
Polie)'
FORT BEND COUNTY
RETURN TO AGENDA COORDINATOR
DATE SUBMITTED:
11/03/2004
DEPT. SUBMITTED BY:
COMMISSIONERS COURT AGENDA FOR:
1110912004
Indigent Health Care
DEPT. PHONE NO.:
281 238-3234
SUMMARY OF ITEM: AGENDA ITEM:
Approve acceptance of $1,000.00 check from anonymous donor to Indigent Health Care.
RENEWAL CONTRACT 1 AGREEMENT:
Yes ()
No ()
LIST SUPPORTING DOCUMENTS ATTACHED: See Attached Information
(Back-up documentation
must be attached for consideration)
FINANCIAL SUMMARY:
Fund
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes () No () NIA ()
OneTime
()
Funding Source:
Recurring
()
NIA
()
Agcy.
Ohject
COMMENTS;
CC with back up:
Auditor
Budget Officer
County Attorney
Purchasing Agent
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
Yes
Yes
Yes
Yes
(X)
(X)
(X)
(X)
Comm. Pct.l
Comm. Pet. 2
Comm. Pct.3
Comm.Pct.4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
Fax or inter-office copies of agenda form with all back up information by Wednesday, 2:00 p.m. to the
departments listed above.
All original back~upmust be received in the County Judge's Office by 2:00 p.m., Wednesday.
RECOMMENDATION
/ ACTION REQUESTED:
Donor request to remain anonymous, no discussion.
Yes (X)
Yes (X)
Yes (X)
Yes (X)
FORM BOl
IN THE MAnER
On this the
9th
day of
OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEAR 2005
_--=..:==="'-_.
November
J. ?-->
2004, the Commissioners' Court, with the following members being present:
County Judge
Robert E. Hebert
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
THAT WHEREAS, theretofore, on September 28,2004, the Court heard and approvedthe budget for the year 2005 for
WHEREAS, on proper application, the Commissioners' Court has transferred an existing bUdget surplus to a budget
Department Name:
010-030-G05A
Non-Departmental
TRANSFER TO:
AMOUNT
NUMBER
LINE-ITEM NAME
Multi-Year
010-030-G05A-2000
Utilities
TOTALTRANSFERREDTO:
TRANSFER FROM:
State Reimb.
(increase)
$
12,456
$
12,456
$
12,456
$
12,456
Multi-Year
01 0-030-G05A-STA
T
TOTALTRANSFERREDFROM:
EXPLANATION:
To amend the budget pursuant
Commission
contract covering the grant period
to LGC 111.0706
9/1/03 - 8/31/05.
for the Texas
Date: __
November 3, 2004 __
..:.;.:::..:.~=:::.:...===::..-
BY:
Original to Budget Officer cc: Commissioners Court
Rehabilitation
f1I
TO:
Office of the County Judge
FROM:
Gilbert Jalomo
County Purchasing Agent
SUBJECT:
Agenda Items - Commissioners Court on November 9,2004
Consent Agenda:
Authorize advertising for bids/proposals for the following:
a.
b.
c.
d.
e.
f.
15' shredders;
Dump trucks;
Haul trailer;
Rubber tire loader;
Dozer;
Broker/dealers.
AGENDA ITEM
FORT BEND COt.JN"TY
RETUll1'1 TO: AGENDA COORD. -COUNTY JUDGE'S
SUBMITTED BV: Bobby Jfug~es
AGENDA#:
SVMMARV OF ITEM:Cansider
storage o[road matvlal.
DEPARTMENT:
PRONE //: 181·238·3614
CONSENT, V.. 181No 0
R&B
approving r<nfflaI lease agreement berwee. Fort Bend Counry and Jason Grace fiJr the
Ve.1::B:I
RENEWAL CONTRACTIAGUEMENT:
LIST SUPPORTING
:N fl
OFFICE
DOCVMENTS
ATTACHED:
NoD
copy of the agreement
FINANCIAL SUMMARY:
BUDGETED ITEM: Yes
Oil. Time:
t8l No 0 NIA 0
ANNUALll.ED
DOLLARS:4800
COMMENTS:
0
Funding Sourc:e: Fund: 10$ A2.ncy: 075 Object: 3020 NIA
0
Original Form Submitted with back up to County Judge's Office: Yes ~
CC with back up to:
i:gj Auditor
(Jlll-J41.J774)
(281-344-3954)
(281-341-4557)
(281-341·8642)
(2.81-341-8697)
181 Budl:et Officcr
181 COUllty Attorney
181 Pnrch3slng Ageut
181 County Clerk
IIlstructiolll
for sabmlttillg
(281-342-058'1)
I::B:I Commio.ioner PGt. 1
181 Commis,ionor Pet. 2
181 Commissioner Pd. 3
I:?J ComlllisJioDer Pet. 4
(181-403-8009)
(28M41·906G)
(181-980-9077)
all Agenda Request:
1. Completely nUout agenda form, incomplete forms will not I>eprocessed.
2. Fax or inteNlmet cop;" of al:enda form with aU hack up informaiioll by Wednesday at 1:00 p.m. to tbe
depllrtm.nts listed above.
3. All orl .. inal bade up must be received in the County Jud2e. om .. by 2:00 p.m. on Wednesday.
RECOMMENDATION
I ACTION lU:QUESTED,
Qpprove
QS
requ~t.d
\ \-Vb-Ot\
S£9£-8£G-18G:XB~
88tJ~J8'll~
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
LEASE AGREEMENT
FOR STORAGE OF FORT BEND COUNTY ROAD & BRIDGE MATERIALS
I. TERMS
Effective Date:
OCTOBER 1,2004
Landlord:
JASON GRACE
Landlord's Address:
P. O. BOX 432, FULSHEAR, TEXAS 77441
Tenant:
FORT BEND COUNTY
Tenant's Address:
301 JACKSON STREET, RICHMOND, TEXAS 77469
Premises:
(1) BUILDING and (2) ONE-ACRE LOTS - CITY OF
FULSHEAR, FORT BEND COUNTY, TEXAS
Base Rent (monthly):
$400.00
Term (months):
TWELVE (12) MONTHS, UNLESS TERMINATED
EARLIER BY EITHER PARTY UPON THIRTY (30)
DAYS WRITTEN NOTICE.
Commencement Date:
OCTOBER I, 2004
Termination Date:
SEPTEMBER
30, 2005, UNLESS
TERMINATED
EARLIER BY EITHER PARTY UPON THIRTY (30)
DAYS WRITTEN NOTICE.
Security Deposit:
NONE
Use:
STORAGE FACILITY FOR FORT
ROAD & BRIDGE MATERIALS
Amount of Liability Insurance:
STANDARD COUNTY INSURANCE POLICY.
BEND COUNTY
II. CLAUSES AND COVENANTS
This Agreement is made between Jason Grace, as Landlord, and Fort Bend County as Tenant.
1.
Landlord leases to Fort Bend County, one (I) building and two (2) I-acre lots in the City
of Fulshear, County of Fort Bend, Texas, more particularly described on the attached
Exhibit "A", for the purpose of storing road and bridge materials.
2.
Either party may terminate this lease upon thirty (30) days written notice
to the other. In the event of termination, any unearned rentals shall be
prorated and refunded to Tenant.
3.
Tenant shall take good care of the leased premises and will return the property to
Landlord in as good a condition as at the beginning of the lease, reasonable wear and tear
excepted.
4.
Tenant may not assign or sublet the premises.
5.
Landlord may enter the premises to inspect same.
6.
Tenant accepts the premises in their present condition.
7.
Landlord agrees to lease the premises to tenant for the entire term beginning on the
Commencement Date and ending on the Termination Date, unless terminated earlier by
Tenant.
8.
Landlord agrees to obey all laws, ordinances, orders, and rules and regulations applicable
to the premises and its use by Tenant.
9.
Landlord is under no duty to maintain or rebuild any improvements to the leased
premises, and should any such improvements be destroyed, there shall be no abatement
or reduction of the rent.
10.
Landlord is not liable for any loss or damage to any property of Tenant's on the Premises.
11.
Tenant accepts the premises in their present condition. Tenant shall keep the premises in
a clean and respectable condition and will comply with all city, county, and/or state
regulations and/or requirements.
12.
Landlord shall not be liable to tenant or its agents or employees or to any other person for
~., injury~ loss or damage to any person or property in or upon the prernises. To the
extent allowed by law, Tenant shall be responsible for its negligent acts.
13.
Landlord agrees not to interfere with Tenant's possession of the Premises.
14.
Landlord agrees to indemnify Tenant for any and all damages caused by Landlord.
IS.
Venue shall be in Fort Bend County.
16.
This Agreement, together with the attached exhibit, is the entire agreement of the parties,
and there are no oral representations, warranties, agreements, or promises pertaining to
this Agreement or to any expressly mentioned exhibit not incorporated in writing in this
Agreement.
17.
This Agreement may be amended only by an instrument in writing signed by Landlord
and Tenant.
18.
Any notice required or permitted under this Agreement must be in writing. Any notice
required by this Agreement will be deemed to be delivered (whether actually received or
not) when deposited with the United States Postal Service, postage prepaid, certified
mail, return receipt requested, and addressed to the intended recipient at the address
shown in this lease. Notice may also be given by regular mail, personal delivery, courier
delivery, facsimile transmission, or other commercially reasonable means and will be
effective when actually received. Any address for notice may be changed by written
notice delivered as provided herein.
WITNESS the .ignamres of all parti~s h"reto on the dates so indicated.
LANDLORD:
JASON GRACE
Jason Grace
Date
Date
11-'1- 0'(
.'"
ATTEST:
Diarme Wils0n, Ph.D., County Clerk
AUDITOR'S
CERTIFICATE
71'Y/a£
I hereby certify that funds are available in the amount of $4,800.00 to pay the obligation of Fort
Bend County under and within
2
'.
Robert E. Sturdivant, County Auditor
JS:Ij:Jasoil grace lease.04-05: 3416-( 10/05(04)
RECORDED ON
IN THE
\\
.\C\-o~
COMMISS'Otf%CWe
- .
MINUTES OF.
FORT BEND COUNTY
COMMISSIONERS
RETURN TO: AGENDA COORD. -COUNTY JUDGE'S
DATE SUBMITTED:
SUBMI1TED
AGtl'lDA#:
DEPARTMENT:
R&.B
SUMMARY OF ITEM:Con3id ... opprovinfi af/Te«me"t between FOri Bend ClJ<lntyand ForI Bend Senior Cili:_,
purpose of obloining!Uel through September 10, 2005.
YtlONolZI
RENEWAL (;ONTRACT/AGREEMEN"{:
LIST SUPPORTING
DOCUMENTS
A1TACHED:
C<Jnvof agreement
FINANCIAL SUMMARY:
BUDGETED ITEM: Yes
0
No
0
NfA
IZI
COMMENTS:
ANNUALIZED DOLLARS:
0
Ooel'lme:
Obj~t:
Fundinll Source: FUlld:
NIAO
Origin:il Form Submitted with back up to County JUdge's Office: Yes ~
~f"
with hack U"
to:
(281-341-3"4)
(1.81-344-3954)
(281-341-4557)
(Z81-34HI642)
(1.81-341-8697)
Allditor
Bodget Officer
181 County Attorney
P\lrtba~iUi Aient
t8l County Clerk
121
IDStru<tlou for Inbmlttinll
181 Commissiooer Pot.
181 Commissioner Pet,
121 Commis.looer Pet.
181 Commi •• ioDer Pet.
1
2
3
4
(%81-342-0581)
(281-403-8009)
(281·242-9060)
(281-98G-9077)
an AgeDda Request:
1. Completely fill out agellds form, Incomplete forms will not be processed.
2. Fax or inter-omc. copies of agenda form with aU back up informatloll by Wednesday at 2:00 p.m. to the
departJuen15 listed above.
3. All orl<rinal baek up must be _eived in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
I ACTION llEQUESTED:
approve agreement
\\-\~~~
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VO, Z
AON
'{J3
(;01;;1I.T AOEJ."IDADATE:10/2o/2004
PROm Ii: 281.238-3614
CONSENT: Yes IZINo 0
10//2/2004
BY: Bobby Hughes
:J
OWlCE
S£9£-8£z-r8Z:Xe~
Tnc.for lhe
STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
AGREEMENT
BETWEEN FORT BEND COUNTY
AND
FORT BEND SENIOR CITIZENS, INC.
THIS AGREEMENT,
made and entered into by and between FORT BEND COUNTY,
TEXAS, a body corporate and politic under the laws of the State of Texas, hereinafter called
"County", and FORT BEND SENIOR CITIZENS, INC., a Texas non-profit corporation,
hereinafter called "F,B.S.C."
WHEREAS,
F.B.S.C. desires the County's assistance in the refueling of its vehicles; and
WHEREAS, the County desires to assist F.B.S,C. by allowing said vehicles to be fueled in at
the Fort Bend County fuel depot located in Richmond, Texas; and,
WHEREAS,
the governing body of F.B.S.C. has duly authorized this Agreement; and
WHEREAS,
the governing body of County has duly authorized this Agreement; and
WHEREAS, this Agreement is made pursuant to and under the provisions of Chapter 791 of the
Texas Government Code, V.T.C.A., the Interlocal Cooperation Act.
NOW, THEREFORE, in consideration of the foregoing and further consideration of the mutual
promises, covenants and conditions herein, the parties hereby agree as follows:
I.
FAIR COMPENSATION
The County will provide F.B.S.C. gasoline through a system designed to ensure accountability
by F.B.S.C. using receipts and monthly billing for the gasoline at the same price the County was
able to purchase. County will invoice for gasoline received by F.B.S.C.. F.B.S.C. will promptly
pay any invoice.
II.
INDEMNIFICATION
F.B.S.C., to the extent allowed by law, agrees to indemnify and hold the County harmless with
respect to any claim, demand or suit arising out ofF.B.S.C.'s activities under this Agreement.
III.
TERM
Either party may terminate, with or without cause by giving at least 10 days written notice to the
other party. The terms of this Agreement shall commence on October 1,2004 and will terminate
on September 30, 2005. The indemnification provision of Section II shall survive the
termination of this agreement.
I
IV.
LIABILITY COVERAGE
F.B.S.C. agrees to carry a Financial Guaranty Bond in an amount of $10,000 as long as this
contract is in force. The Bond is to serve as a guaranty that F.B.S.C. will be financially
responsible in the cleanup of fuel spills caused by F.B.S.C., in order to comply with EP A
requirements. County, who owns the tanks, pumps, and the storage facility for the fuel, agrees
that the maximum amount of liability for pollution and/or contamination caused by F.B.S.C. is
$10,000.
F.B.S.C. further agrees to maintain General Liability Coverage with limits of not less than
$500,000 per occurrence, $1,000,000 in aggregate, and to provide County with a certificate
reflecting these limits.
Coverage shall be with a company acceptable to the Fort Bend County Risk Management
Department and a copy of the policy or certificate of coverage shall be delivered to County on or
before the date of this Agreement. All coverage's specified shall remain in effect during the term
of this Agreement. Any termination of coverage's shall result in immediate termination of this
Agreement.
V.
MISCELLANEOUS
executed by all parties. The Agreement will begin on the date approved by both parties in
writing.
Both parties waive liability for causes beyond parties' control, not the result of negligence.
Venue for all purposes is Fort Bend County, Texas.
Notices, correspondence, and all other communications shall be addressed to Fort Bend County
Commissioners Court and submitted to the following representative:
Fort Bend County
Attn: County Judge
Notices to F.B.S.C. shall be delivered to:
Fort Bend Senior Citizens, Inc.
1330 Band Road
Attn: Manuela Arroyos
Executive Director
2
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated.
FORT BEND SENIOR CITIZENS INC.
By:
_
.. -:.
Date:
By:
Date:
~ATTES~
~
GDDlNhlfuel agreement.FBSC.04~05:
1310-(090204)
rlECORDED ON
\ \-\'\..()~
IN THE COMMISSI~~E~
CO~RT
MINUTES 01:
~ - -\)
.
3
FORT BEND COUNTY
AGE.NOAITEM
DATE SUBMITTED:
10/28/04
COURT AGENDA DATE:
11109104
County Attorney
Sheriff
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
(281) 341-4555
AGENDA
#d-.'5
SUMMARY OF ITEM:
Take all appropriate action on Renewal Agreement between Fort Bend County and Gulf States Toyota, Inc. for use in the Kids
N' Cops Program.
Yes (X)
No ( )
FINANCIAL
SUMMARY:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
Yes(
) No()
OneTime
N/A()
Funding Source:
Agency
Fund
Object
COMMENTS:
()
Recurring
()
NIA
( )
.
Original Form Submitted with back up to County Judge's Office: ( ) ( ./ when completed)
If by Fax to (281) 341-8609
(./) Auditor
(./) Budget Officer
( ) County Attorney
(./) Purchasing Agent
(./) County Clerk
Instructions
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( ./)
(./)
(./)
(./)
( ./)
Comm.
Comm.
Comm.
Comm.
Sheriff
Pet. 1
(281-342-0587)
Pet. 2
(281-403-8009)
Pet. 3
(281-242-9060)
Pet. 4
(281-980-9077)
Milton Wright
an Agenda Request:
1.
2.
Wednesday at 2:00 p.rn. to the departments listed above.
3.
All original back-up must be received in the County JUdge's Office by 2:00 p.m. on Wednesday.
RECOMMENDATION 1 ACTION REQUESTED:
,
~(J
LOAN AND USE AGREEMENT
This Loan and Use Agreement ("Agreement") is made and entered into on this!1- day
of Alovt.dliwc- 2004, by and between Fort Bend County (hereinafter referred to as
"COUNTY" and GULF STATES TOYOTA, INC., with offices located at 7701 Wilshire
Place Drive, Houston, Texas 77040 (hereinafter referred to as "SPONSOR".
IN CONSIDERATION of the mutual promises contained in this Agreement, the parties
mutually agree as follows:
SPONSOR agrees to provide one (1) 2005 Toyota 4 Runner, described on the attached
sheet (hereinafter referred to as "VEHICLE"), from SPONSOR's current stock, to the
Fort Bend County Sheriff's Office, which provides police protection services in and
around Fort Bend County, Texas (hereinafter referred to as "DEPARTMENT").
SPONSOR is and shall remain the owner of VEHICLE. DEPARTMENT agrees to
provide SPONSOR valuable consideration as herein set out in return for the loan and use
of VEHICLE. DEPARTMENT shall be and act as bailor for mutual benefit, and shall
care and protect VEHICLE as property in bailment and according to the terms of this
Agreement.
The term of this Agreement will be from the date first written above until vehicle is
replaced. Either party may terminate this Agreement upon thirty (30) days prior written
notice. Upon termination of this Agreement, DEPARTMENT shall be responsible for
immediately returning VEHICLE to SPONSOR in the same condition as when originally
loaned to DEPARTMENT by SPONSOR, excepting normal wear and tear.
DEPARTMENT agrees that the VEHICLE will be used solely for the Kids N' Cops
Program ("the Program").
Use of the VEHICLE shall be pursuant to the
DEPARTMENT's Vehicle Policy. The DEPARTMENT's representatives are subject at
least the same disciplinary actions as set forth in its Vehicle Policy for violating the
VEHICLE's limited use, as set forth in this Agreement or in the Vehicle Policy..
Notwithstanding any provision to the contrary, VEHICLE may be driven from the
Program's function to the DEPARTMENT's representative's residence and back to a
Program function or DEPARTMENT's premises, but in no event shall the VEHICLE be
used on any personal errand.
VEHICLE will bear the Program's logo and/or slogan and the phrase, "Courtesy of Gulf
States Toyota and the Houston Area Toyota Dealers," or a like phrase in tasteful
graphics, as agreed upon by SPONSOR.
SPONSOR will furnish and be responsible for the required inspection certificate for the
VEHICLE under this Agreement and the legal title shall be and remain in SPONSOR's
name. VEHICLE shall at all times remain the property of and/or under the registered
ownership of SPONSOR. DEPARTMENT acknowledges and agrees that it shall not
acquire any right, title, or interest to the VEHICLE hereunder, other than that of bailor
and user.
All taxes and license charges, if any, levied on, or assessed against the VEHICLE shall be
borne by SPONSOR, including taxes and license charges levied or assessed by any tax or
licensing authority on account of ownership or operation of the VEIDCLE during the
term of this Agreement.
SPONSOR shall provide all routine repair and maintenance on the VEIDCLE.
SPONSOR shall not be responsible for repairs based upon the acts, omissions and/or
abuse of the VEIDCLE during the loan and use by DEPARTMENT. Notwithstanding
the preceding, prior to any repair or maintenance work to be performed by SPONSOR,
DEPARTMENT shall notify SPONSOR of any repair and/or maintenance work required
by the manufacturer's warranty, by the manufacturer's recommended service schedules,
or by DEPARTMENT's use or observation of the VEIDCLE.
DEPARTMENT shall bear all normal operating expenses related to the VEIDCLE,
including, but not limited to, fuel and insurance premiums as set forth below.
DEPARTMENT shall also be responsible for all fines, levies and charges occurring as a
result of VEIDCLE usage, including but not limited to, fmes for citations (moving and
non-moving) and toll fares. DEPARTMENT shall exercise its best efforts to maintain the
VEIDCLE in its best operating condition, including routine visual and operational
inspection and strict observance of the VEIDCLE's manufacturer's required and
recommended service schedules. DEPARTMENT also agrees to use its best efforts to
keep the VEIDCLE clean.
COUNTY shall procure and maintain the following insurance with at least the following
limits:
1) Workers' Compensation, as and to the extent required by law, for all drivers and
passengers of the VEHICLE who are employees of DEPARTMENT;
2) Automobile - in an amount of at least $1,000,000.00 per occurrence/aggregate for
bodily injury and property damage. The policy shall name SPONSOR, its affiliated
companies, and their respective shareholders, officers, representatives, agents and·
employees as named insureds .
.In addition, COUNTY shall waive, and shall cause its insurers to waive, all rights of
subrogation.
To the extent allowed by law, COUNTY shall RELEASE and HOLD HARMLESS
SPONSOR, its parent and affiliated companies, its automobile dealers, and their
respective shareholders, officers, representatives, agents and employees from and
against any and all alleged and actual claims, causes, actions, liabilities, damages,
suits, fmes, penalties, and costs and expenses (including attorneys' and
professionals' fees and court costs) arising from or caused by, in whole or in part,
the acts and omissions, including but not limited to acts of negligence or intentional
misconduct, of DEPARTMENT and/or its peace officers, directors, representatives,
and invitees, and shall include the contributory and/or
concurrent acts or omissions of SPONSOR, its parent and affiliated companies, and
their respective shareholders, offICers, representatives, agents and employees, but shall
not include the sole acts or omissions of such parties nor to the extent of any proven
product liability.
agents, employees, contractors
It is agreed by SPONSOR and COUNTY that any action, real or assertive, at law or
in equity, which arises out of or pertains to this Agreement, or arises out of any use
of the operation of the VEmCLE
shall be governed by the laws of the State of
Texas, without regard to any conflict or choice of laws provision or statute. Parties
further consent that exclusive venue for actions arising out of this Agreement lies in
Harris County, Texas.
Any and all notices or communications required or permitted under this Agreement shall
be delivered in person or mailed, certified mail, return receipt requested, or may be
transmitted by fax as follows:
COUNTY:
Fort Bend County Judge
Robert E.. Hebert
30 I Jackson, Suite 719
DEPARTMENT:
Fort Bend County Sheriffs Office
Attention: Milton Wright, Sheriff
1410 Ransom
SPONSOR:
Gulf States Toyota, Inc.
C/o Rick Armstrong
770 I Wilshire Place Drive
This Agreement constitutes the entire agreement by the parties hereto, and any prior or
contemporaneously oral or written agreement shall be void and of no effect. All
modifications or amendments to this Agreement shall be evidenced in writing, and any
purported oral modifications of this Agreement shall be void.
In case anyone or more provisions of this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, the remaining provisions shall
nevertheless be valid, binding and effective, as if that invalid, illegal or unenforceable
provision had never been contained in this Agreement.
It is specifically agreed by the parties that the mutual consideration involved herein
includes the promotion of the Program.
COUNTY represents and warrants that it has complied with all legal, regulatory,
departmental and administrative policies and requirements in entering into and executing
this Agreement, and that the person executing below on behalf of COUNTY is duly and
properly authorized to execute this Agreement.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the date first
written above.
AGREED TO:
GULF STATES TOYOTA, INC.
By:
----'="'-----,
_
Signature)
~~k
4rrp~,~
(Printed Name)
/EArt
U",J,y- - Jb1o.J.<.J~ fll',,~r""'''':5
Title
j:kidsncops vehicle.renewal agreement-:3357: 102204
AECORDED ON \\.\I:\{)~
IN THE COMMISSIONERC~RT
MINUTES OF: \\-0t-Q
.
FORT BEND COUNTY
DATE SUBMITTED:
DATE: November 9, 2004
Yes ( )
No()
DOCUMENTS ATTACHED
FINANCIAL SUMMARY:
Yes ( ) No ()
Fund
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
N/A ( )
Funding Source:
Agency
Object
One Time
()
Recurring
N/A
()
( )
Original Form Submitted with back up to County Judge's Office:
CC with back up:
yes ( x) Auditor
yes ( ) Budget Officer
yes ( x ) County Attorney
yes ( ) Purchasing Agent
yes (x) County Clerk
Instructions
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
Yes ( X)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.rn. to
RECOMMENDATION
'1
""'" A
Approve over $500.00 - refunds $ 2,318.56
RENEWALCONTRACT/AGREEMENT:
LIST SUPPORTING
AGENDA#
SUBMITTED BY: Marsha P. Gaines
DEPARTMENT: Tax Assessor ICollector
PHONE NO.: 281-341-3730
October 25, 2004
SUMMARY OF ITEM:
JUDGE'S OFFICE
I ACTION REQUESTED:
Please list on the agenda and record in the minutes the amount
of $ 2,318.56 over $500.00 refunds for the office of Marsha P Gaines
..... ... ........ ........ ........
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COMMISSIONERS
FORT BEND COUNTY
.6IGENDA ITEM
DATE SUBMITTED:
PHONE NO.: 281-341-3730
November 01, 2004
DATE: November 16,2004
SUMMARY OF ITEM:
Approve over $500.00 - refunds $ 6775.06
Yes()
LIST SUPPORTING
JUDGE'S OFFICE
No()
NOV 02 2004
DOCUMENTS ATTACHED
~
~~
FINANCIAL SUMMARY:
Yes()No()
Fund
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
N/A()
Funding Source:
Agency
Object
One Time
( )
Recurring
N/A
( )
( )
CC with back up:
yes
yes
yes
yes
yes
( x) Auditor
( ) Budget Officer
( x ) County Attorney
( x) County Clerk
Instructions
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
Yes ( X)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.rn. to
All original back-up must be received in the County Judges Office by 2:00 p.rn. on Wednesday.
RECOMMENDATION
I ACTION REQUESTED:
Please list on the agenda and record in the minutes the amount
of $ 6,775.06 over $500.00 refunds for the office of Marsha P Gaines
-
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FORM BOl
FOR THE YEAR 2005
~-~
~~,:,,:;'J'!
9th
On this the
November
day of
• 2005
, the Commissioners'
Court, with the following members bei~~(JJ<esent
.
Robert E. Hebert
.l
theretofore,
/i"l~hA!,
.•;1 .'
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
on September 28,2004,
r( z -2
the Court heard and approved the budget for the year 2005 for
WHEREAS, on proper application, the Commissioners' Court has transferred an existing budget surplus to a budget
038
Telecommunications
Department Name:
TO:
TRANSFER
LINE-ITEM
NAME
NUMBER
AMOUNT
3040
IT Software
$350
TOTAL TRANSFERRED
TO:
$350
....:.$
....:..:....:...-
TRANSFER FROM:
Communication
6026
Equipment
TOTAL TRANSFERRED
EXPLANATION:
Telecommunications
$350
FROM:
....:..:....:....:.-
/0
-;ZS
THEca
BY;
$350
....:.$
Need to purchase Microsoft Project for Techinician in the
Department.
Dale;
-_T-~"'\011""""""'f--------Robert E. Hebert, County Judge
Ii
• •
THAT WHEREAS,
.
?1'Ml1ll
FORT BEND COUNTY
AGENDAI~
RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
DEPARTMENT: Tax Assessor /Collector
PHONE NO.: 281-341-3730
COUNTV
November I, 2004
DATE: November 9, 2004
SUMMARY OF ITEM: Take all appropriate
County and Applied Optoelectronics, Inc
,;If
J<A.D6f:
action on the Restated as Amended Tax Abatement Agreement between Fort Bend
Yes (X)
LIST SUPPORTING
AGENDA #
DOCUMENTS ATTACHED:
No()
Tax Abatement Agreement
~
NUV
02 2004
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes()No()
Fund
N/A()
Funding Source:
Agency
Object
COMMENTS:
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
CC with back up:
yes ( x) Auditor
yes ( x) County Attorney
Instructions
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
Yes ( X)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
RECOMMENDATION
\\- \~.()~
/ ACTION REQUESTED:
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
RESTATED AS AMENDED
TAX ABATEMENT AGREEMENT BETWEEN FORT BEND COUNTY
AND APPLIED OPTOELECTRONICS, INC.
By agreement, effective September 19, 2000, Fort Bend County entered into a tax abatement
agreement with Applied Optoelectronics, Inc. Effective February 12,2002, the parties amended the
tax abatement agreement (Amendment No. I) and effective April 22, 2003, the parties further
amended the tax abatement agreement (Amendment No.2).
Applied Optoelectronics, Inc. has
requested additional amendments to the tax abatement agreement. For the convenience of the parties
and for ease of reference, the parties wish to restate the tax abatement agreement with all
amendments to date included in this Restated as Amended Tax Abatement Agreement.
AGREEMENT
This Tax Abatement Agreement, hereinafter referred to as "Agreement," is executed by and
between FORT BEND COUNTY, TEXAS, hereinafter referred to as "County," acting by and
through its Commissioners'
Court and APPLIED OPTOELECTRONICS,
INC., hereinafter
referred to as "Owner" of the tract of land comprising Reinvestment Zone No. 00-0 I created by the
City of Sugar Land.
I.
Authorization:
a.
This Agreement is authorized by the Property Redevelopment and
Tax Abatement Act, Chapter 312 of the TEXASTAXCODEas it exists
on the effective date of this Agreement, and;
b.
The Amended Guidelines and Criteria for Granting Tax Abatement in
Reinvestment Zones created by Fort Bend County, Texas, which was
approved by the County's Commissioners Court on November 4,
2003. The County has determined that the request for Tax Abatement
presented by Owner conforms with the criteria established in the
Guidelines for Tax Abatement.
Page 1 of13
c.
2.
No official of the County has an interest in the property subject to this
Agreement.
Definition:
As used in this Agreement, the following terms shall have the meanings set forth below:
a.
The "Certified Appraised Value" means the value certified as of
January I of each year of this Agreement regarding the property
within City of Sugar Land Reinvestment Zone No. 00-01 by the Fort
Bend County Central Appraisal District.
b.
"Improvements" mean the building (or portions thereon) and other
improvements used for commercial or industrial purposes, which are
erected or expanded by Owner on the property after the effective date
of this Agreement.
c.
"Abatement" means the full or partial exemption from ad valorem
taxes of certain property in the City of Sugar Land Reinvestment
Zone No. 00-01 designated for economic development purposes.
d.
"Eligible Property"
means the buildings, structures, fixed
machinery, equipment, process units and site improvements necessary
to the operation and administration of the facility.
e.
"New Eligible Property" means Eligible Property, the construction
of which commences subsequent to the date of execution of this
Agreement.
f.
"Ineligible Property" means land, inventories, supplies, raw material
and other forms of movable personal property which are not integral
to the operation of the facility.
g.
"Real Property" means the 6.6524 acres of land located within
Reinvestment Zone No. 00-01, described in Exhibit "A" attached
hereto and incorporated by reference herein for all purposes.
h.
"Building 1" means a building to be used primarily as a
manufacturing,
research and development
lab, containing
approximately 23,850 sq. ft. of floor space, and related improvements
to serve the building, including sidewalks, parking lots, outdoor
lighting and landscaping.
Page 2 of 13
I.
"Building II" means a building to be used primarily as a
manufacturing,
research and development
lab, containing
approximately 14,400 sq. ft. of floor space, and related improvements
to serve the building, including sidewalks, parking lots, outdoor
lighting and landscaping.
J.
"Personal Property" means any property classified as tangible
personal property by the District, other than inventory and supplies,
that is located within the building to be constructed as a part of the
Improvements.
"Owner" means Applied Optoelectronics, Inc., the Owner of the
real property subject to this Agreement, or other person or entity to
which this Agreement is assigned, with prior approval of the Fort
Bend County Commissioners' Court.
g.
3.
k.
"County"
means the County of Fort Bend, Texas.
I.
"District"
means Fort Bend County Central Appraisal District.
Subject Property
City of Sugar Land Reinvestment Zone No. 00-01 is an area located in Fort Bend County,
Texas, being legally described in Exhibit "A" attached hereto and incorporated herein for all
purposes.
The Fort Bend County Appraisal District has established the base year values for the subject
property as of January 1, 2001.
4.
Responsibility
of Owner
In consideration of receiving the tax abatement granted herein, the Owner represents and
agrees:
(a)
That construction of Building I shall be completed on or before January 1,
2002 and have a construction cost of not less than $1,500,000.00.
(b)
That construction of Building II shall be completed on or before April 1,
2006 and have a construction cost of not less than $1,600,000.00.
(c)
Owner shall provide Tax Assessor/Collector
a certified statement of the
construction costs within thirty (30) days of completion of Building I and
Page 3 of 13
Building II.
(d)
That the Certified Appraised Value of the Improvements
and Tangible
Personal Property for Building I, excluding inventory, from January 1,2005,
through December 31, 2008, will not be less than $5,000,000.00.
Failure to
meet the requirement of this section will invalidate Building I tax abatement
on improvements and personal property for that year.
(e)
That the Certified Appraised Value of the Improvements
and Tangible
Personal Property for Building II, excluding inventory, from January 1,2006,
through December 31, 2009, will not be less than $4,000,000.00.
Failure to
meet the requirement ofthis section will invalidate Building II tax abatement
on improvements and personal property for that year.
(f)
That beginning January 1, 2002, and thereafter during the term of this
Agreement, the Owner shall fully occupy and use Building I for the purposes
set forth in Owner's application for tax abatement, attached hereto as Exhibit
C and incorporated by reference into this Agreement.
(g)
That beginning April 1, 2006, and thereafter
during the term of this
Agreement, the Owner shall fully occupy and use Building II for the purposes
set forth in Owner's application for tax abatement, attached hereto as Exhibit
C and incorporated by reference into this Agreement.
(h)
That Owner shall employ and maintain a minimum of thirty (30) full-time
employees upon completion of Building I and one hundred-fifty (150) fulltime employees upon completion of Building II within City of Sugar Land
Reinvestment Zone No. 00-0 I during the term of this agreement.
(i)
Notwithstanding section 4(e) above, in the event construction of Building II
is not complete on or before April I, 2006:
I.
no tax abatement for improvements or personal property shall
apply for Building II for tax years 2006, 2007, 2008 and 2009;
and,
2. no tax abatement for improvements or personal property shall
apply for Building I for tax years 2007 and 2008; and
Page 4 of 13
3. the tax abatement for Building I for the improvements and
personal property is reduced from 65% to 40% for tax year 2006.
(j)
That the Owner has, as ofthe effective date of this Agreement, the financial
resources to implement the above representations.
(k)
That the Owner will participate in the continuing economic development
process in Fort Bend County by becoming a trustee member of the Greater
Fort Bend Economic Development Council for a minimum period coinciding
with the term of this Agreement.
(I)
THE OWNER SHALL BE RESPONSIBLE
FOR NOTIFYING
THE
DISTRICT OF THE ABATEMENT, INCLUDING FILING WITH THE
DISTRICT ANY APPLICATION
OR OTHER FORMS NECESSARY
TO QUALIFY FOR OR RECEIVE THE ABATEMENT
(m)
THE OWNER SHALL BE RESPONSIBLE
ASSIGNMENT OF THIS AGREEMENT
PROPERTY
FAILURE
THE SUBJECT
GRANTED.
FOR REQUESTING
IN THE EVENT THE REAL
OF THIS AGREEMETN
IS SOLD.
TO NOTIFY THE TAX ASSESSOR-COLLECTOR
ANY SALE OF THE REAL PROPERTY
AGREEMENT
SHALL RESULT
AN
THE SUBJECT
IN IMMEDIATE
OF
OF THIS
DEFAULT
OF
THIS AGREEMENT.
5.
Value and Term of Abatement
This Agreement shall be effective on the date executed by the County, or the Owner,
whichever is later, for a period not to exceed ten (10) years.
However, in no event shall this
agreement extend beyond December 31, 2008 for Building I and December 31, 2009 for Building II.
This Agreement shall terminate on the completion of the abatement, unless earlier termination as
provided elsewhere herein. Owner's obligation upon default to pay to the County any taxes abated
under this Agreement shall not terminate until the abated taxes are paid.
This Agreement shall be effective on January I, 200 I. In each year that this Agreement is in
Page 5 of 13
effect, the amount of abatement shall be an amount equal to the percentage indicated below of the
taxes assessed upon the increase in market value of the premises resulting from construction of the
improvements over the market value in the year in which this Agreement is executed.
This
agreement shall not be applied retroactively.
Subject to the limitations imposed by law and conditioned upon the representations outlined
in Section 4 herein above, there shall be granted and allowed hereunder a property tax abatement
for the following years and in the following amounts:
Building I
Tax Year
Percentage Abatement
2001
65%
2002
65%
2003
65%
2004
65%
2005
65%
2006
65%
2007
65%
2008
65%
TOTAL =520%
Building II
Tax Year
Percentage Abatement
2006
65%
2007
65%
2008
65%
2009
65%
TOTAL = 260%
(a)
The abatement granted shall not apply to the value of the Land, increases in
the value of the Land, inventory or supplies.
(b)
All improvements shall be completed in accordance with applicable laws,
Page 6 of 13
ordinances, rules or regulations in effect at the time such Improvements are
erected.
(c)
The Fort Bend Central Appraisal District's determination of values shall be
used to determine the value of the property subject to this Agreement. If the
Owner protests the District's valuation of the property, the valuation placed
on the property after the protest is resolved under State law shall be used.
(d)
On or before September I of each year of this Agreement, the Owner shall
certify in writing to Fort Bend County Tax Assessor/Collector that each party
is in compliance with each term of this Agreement.
6.
Taxabilitv
During the period that this tax abatement is effective, taxes shall be payable as follows:
7.
a.
The value of Ineligible Property shall be fully taxable, including inventory;
b.
The value of existing Eligible Property shall be determined annually by the
Central Appraisal District; and
c.
The full value of New Eligible Property shall be abated as set forth above
under the section entitled "VALUE AND TERM OF AGREEMENT."
Event of Default
(a)
The County may declare the Owner in default of this Agreement if: (I) the
Owner fails to comply with any term of this Agreement; (2) allows County ad
valorem taxes on the Land, or any property located thereon, to become
delinquent; (3) vacates any of the improvements subject to the agreement
before the term of the abatement.
(b)
The County shall notify the Owner of any default in writing specifying the
default. The Owner shall each have thirty (30) days from the date of the
notice to cure any default. If the Owner fails to cure the default, the County
may terminate this Agreement by written notice.
(c)
If this Agreement is terminated by the County, the Owner agrees that the each
is liable for and will pay to the County within thirty (30) days of the
Page 7 of 13
termination of this Agreement:
(1)
The amount
of all property
taxes abated under this
Agreement;
(2)
Interest on the abated amount at the rate provided for in the
Tax Code for delinquent taxes; and
(3)
Penalties on the amount abated in the year of default, at the
rate provided for in the TAXCODEfor delinquent taxes.
(d)
The County shall have a lien against the Owner's real property and
improvements for the taxes and interest owed because of the recapture of
taxes under this paragraph.
8.
Administration and Inspection
This Agreement
shall be administered
on behalf of the Fort Bend County Tax
Assessor/Collector or her designee. The Owner shall allow employees or other representatives of the
County who have been designated by the Tax Assessor/Collector to have access to the reinvestment
zone during the term of the Agreement. All regular inspections shall be made only after twenty-four
(24) hours prior notice and will be conducted in such a manner as not to unreasonably interfere with
the construction and/or operation of the facility. A representative of the Owner may accompany the
inspector.
Upon completion of the contemplated construction, the County shall annually evaluate the
facility to ensure compliance with the terms and provisions of this Agreement and shall report
possible defaults to the Owner.
The Chief Appraiser of the Fort Bend County Appraisal District shall annually determine (1)
the taxable value under the terms of this abatement to the real property subject to this Agreement and
(2) the full taxable value without abatement of the real property and other property otherwise located
at or about the Owner's premises. The Chief Appraiser shall record both abatement taxable value and
Page 8 of 13
full taxable value in the appraisal records. The full taxable value figure listed in the appraisal records
shall be used to compute the amount of abated taxes that is terminated in a manner that results in
recapture.
The Owner shall furnish the Chief Appraiser annually such information as provided for
under Chapter 22 of the TEXASTAX CODE as may be necessary for the administration of the
abatement.
Such information shall also be provided to the County Tax Assessor/Collector
in
preparation of its annual evaluation for compliance with the terms and provisions of this Agreement,
including Owner's payroll records.
9.
Assignment
This Agreement may not be assigned without prior written consent of the County. No
assignment shall be approved if either the County has declared a default hereunder which has not
been cured or the new Owner is delinquent in the payment of ad valorem taxes owed to the County.
Approval shall not be unreasonably withheld.
Any and all assignments shall be in the form of a termination of the original abatement
agreement, followed by a Tax Abatement agreement between the County and the Owner. The new
Abatement Agreement shall contain the same terms and conditions as set out in the first Abatement
Agreement and shall be granted for the remaining term of the original tax abatement agreement only.
10.
Indemnitv
It is understood and agreed between the parties that APPLIED OPTOELECTRONICS, INC.,
in performing its obligations hereunder, is acting independently, and the County assumes no
responsibilities
or
OPTOELECTRONICS,
HARMLESS
liabilities
INC.
in
connection
AGREES
TO
therewith
DEFEND,
to
third
parties.
INDEMNIFY
APPLIED
AND
HOLD
THE COUNTY AND THE CENTRAL APPRIASAL DISTRICT FROM ANY
Page 9 of 13
AND ALL CLAIMS,
WHATSOEVER
SUITS, AND CAUSES OF ACTION
ARISING
OUT
OF
APPLIED
OF ANY NATURE
OPTOELECTRONICS,
INC.'s
OBLIGATIONS HEREUNDER EXCEPT THAT THE INDEMNITY SHALL NOT APPLY
TO THAT PORTION OF LIABILITIES RESULTING FROM THE NEGLIGENCE OF THE
COUNTY OR TAXING UNITS, THEIR RESPECTIVE
EMPLOYEES.
APPLIED
OPTOELECTRONICS,
OFFICERS, AGENTS OR
INC.'s
INDEMNIFICATION
OBLIGATIONS INCLUDE THE PAYMENT OF REASONABLE ATTORNEY'S FEES AND
EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIMS, SUITS, AND
CAUSES OF ACTION. APPLIED OPTOELECTRONICS, INe. SHALL BE RESPONSIBLE
FOR ALL FEES INCURRED BY THE COUNTY IN THE DEFENSE OF ANY SUCH
CLAIMS, SUITS, OR CAUSES OF ACTION SO LONG AS DEFENSE COUNSEL AND
COURSES OF ACTION IS DETERMINED SOLEY BY APPLIED OPTOELECTRONICS,
INe. NOTHING IN THIS AGREEMENT SHALL BE INTERPRETED TO PROHIBIT
COUNTY FROM INCURRING REPRESENTATION OF ANY SUCH CLAIM, SUIT OR
CAUSE OF ACTION AND APPLIED OPTOELECTRONICS,
INC. SHALL NOT BE
RESPONSIBLE FOR ANY SUCH COSTS AND OR FEES SO INCURRED.
11.
Force Majeure
If by reason of force majeure, the Owner is unable to perform any obligation of this
Agreement, it shall give notice of the force majeure to the County in writing within ten (10) calendar
days of the occurrence relied upon. The obligation of the Owner, to the extent and for the period of
time affected by the force majeure, shall be suspended. The Owner shall endeavor to remove or
overcome the inability with all reasonable effort. For purposes of this provision, "force majeure"
shall mean acts of God, landslides, lightning, earthquakes, hurricanes, storms, floods, or other natural
Page 10 of 13
occurrences; strikes, lockouts, insurrections, riots, wars or other civil or industrial disturbances;
orders of any kind of the Federal or State government or of any civil or military authority;
explosions, fires, breakage or accidents to machinery, lines, or equipment, or the failure of the
system or water supply system; or any other cause not reasonably within the control of the Owner.
12.
Commissioners Court Approval
This Agreement is conditioned entirely upon the approval of the Commissioners' Court by
the affirmative vote of a majority of the members present at a duly scheduled meeting of the
Commissioner's Court.
13.
Compliance with State and Local Regulations
This Agreement shall not be construed to alter or affect the obligations of Owner to comply
with any City ordinance or Federal or State law or regulation.
14.
Changes in Tax Laws
The tax abatement provided in this Agreement is conditioned upon and subject to any
changes in the state tax laws during the term of this Agreement.
15.
Miscellaneous
(a)
This Agreement shall be construed under and in accord with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Fort Bend County,
Texas.
(b)
In the event of one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceablility shall not affect any other provision hereof and this agreement shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
(c)
The waiver by either party of a breach of any provision of this agreement shall not
Page 11 of!3
operate as or be construed as a waiver of any subsequent breach.
(d)
Any amendments of this agreement shall be of no effect unless in writing and
signed by both parties hereto.
16.
Notices
Any notice required to be given under the provisions of this Agreement shall be in writing
and shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper
postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States
Post Office, addressed to the Owner at the mailing address as hereinafter set out. If mailed, any
notice of communication shall be deemed to be received three (3) days after the date of deposit in the
United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to
the Owner or the County at the following addresses:
To the Tax Assessor/Collector:
Ms. Marsha Gaines
Fort Bend County Tax Assessor-Collector
500 Liberty, Suite 101
To Owner:
Chih-Hsiang (Thompson) Lin
Applied Optoelectronics, Inc.
13111 Jess Pirtle Blvd.
To County:
Fort Bend County
Attention: County Judge
Copy to:
Mr. Ben W. "Bud" Childers
Fort Bend County Attorney
Either party may designate a different address by giving the other party ten (10) days written
notice thereof. Failure of Owner to provide the County Tax Assessor/Collector
Page 12 of 13
thirty (30) days
notice of a change of address may result in termination of this Agreement.
17.
Entire Agreement
This Agreement contains the entire Agreement among the parties and supercedes all other
negotiations and agreements, whether written or oral.
18.
Execution
IN TESTIMONY OF WHICH, THIS AGREEMENT has been executed by the Owner as
of the date below stated. Owner warrants and represents that the individuals executing this agreement
on behalf of Applied Optoelectronics, Inc., has full authority to execute this Agreement and bind
Applied Optoelectronics, Inc. to the same.
By:
Date:
·ATjEST~
APPLIED OPTOELECTRONICS,
("Owner")
By:
INC.
a< J.~
Chih-Hsiang (Thompson) Lin,
President
ATTEST:
Date:
Attachments:
9 November 2004
Exhibit A - Ordinance No. 1244 Designating Reinvestment Zone No. 00-01
Exhibit B - Metes and Bounds description of Land
Exhibit C - Economic Impact Statement/Application for Value Added Tax
Abatement
mer\AOI Restated Agreement -3195-69 (110804)
Page 13 of 13
AS PER OfIIGINAL
ORDI.~AJ."fCE :'10. 1244
AJ.~ ORDINA.~CE
OF THE CITY OF SUGAR LAJ."ID, TEXAS, CREATING
RElNVESTME~
ZONE NO. O~l FORA 6.6524 ACRE TRACT OF LAJ."ID LOCATED AT
THE SOtjTHWEST COR."IER OF GILLINGHAJ."l LAJ.'!E AJ."ID JESS PIRTLE
BOt-LEV ARD.
WHEREAS, the Property Redevelopment and Ta.'(Abatement Act (Tax Code§ 312 et seq.)
authorizes cities to create reinvestment zones <Uldenter into :ax abatement agreements with the
owners of qualifying properties in reinvestment zones; and
WHEREAS. the City has received an application requesting
improvements to be located in the zone; and
la.X
abatement for real property
WHERE.o\S. the zone is eligib Ie for tax abatement; and
WHEREAS. a public hearing, for which notice was given as required by law, was held at
which interested persons we:.: given an opporrunity :0 present evidence for and against the creation
of the zone; and
WHEREAS, the City Council has found that the improve:nc:nts sought to be located in !he
proposed reinvestment ;z:one are feasible and pmctlcal and would be a benefit to the land to be
inc1nrt"rt in rh" 7<:>oe and to th" City after the opineon of a :a:, abatement agreem"nr; and
WHF,R F.AS, the r.r..,Minn nf rh" reinv,.~rm,.nr mne will hI"r,.a<nnahly 1i1(f~!Y
to contriblltc to
th~ r~tention. or expd.nsit)u uf primary employment or to attract major in'Yc::1L1.1J.c.ul
i1.1tOthe :lone tha.t
would be a benefit to the property located therein and that will contribute to the economic
development ofche City of Sugar Land; NOW, THEREFORE.
BE IT ORDAINED BY THE CITY COUNCll.
OF THE CITY OF SUGAR LA.'1D, TEXAS:
Section 1. That Reinvestment Zone No. 00·0 I is created for the real property described in
Exhibit A. attached to and incorporated into this ordinance by reference.
Section 2. That the Reinvesrment Zone created herein is eligible for commercial· industrial
tax abatement as provided by law.
Section 3. That Relnvestment
Zone No. CO-OI shall expire five years from the datc orlhis
ordinar.c:.
EXHIBIT
A
,.
281
AS PER ORIGINAL
mop
lED upon 5=nd c=sider2ticn~n~~~~E::
APPROVED:
--
ity Attorney
Exhibit A - Property Description
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AS PER ORIGINAL
County:
:E':oje<:::
C.t :-<'0.:
Job Nur:"...b::r:
f:Jrt Ee::d
_~??Ed CDtce!e::::::'lics. Inc. - !?h~o
1 LS l·GO (sk-::::u pr:;::,':"":'1
CCC3~·D6
:r Sic;:
Bel:::; ~ o.:5Z:1 :r=rt: Clac: J:- :.1nd !oc:.1r=~ ::: ~i!c 5."own .& 3~:C1J.P Le.:lg'..!.e.Abstruc: ~c. 15. fOrt
ae::ci C~UI:~:.T~;:;.:u:; s:lid 5.:;05:4 ;),:~'; ti.lC: bcir.g '~U[of C=~:'7ier:::ll 3.cs.;:-;e -A" of fl'Jr)': \11':05[.
a l3.48i'7 ...::r~su!::d.~·..isicn .c:~rC;::: i:1 slide 7':0. "7~OAofrh: Fl:t R:~ords or Fort Bend C~unty.
Tt:xo.s ;::":~out or the r=l:l:'~i":.de: of il :::11 1303.637 IlC:-': O':C: cor: ..eyed to Su~,~t:lndP:"op::tic.s
Inc0f1=0r:ued ir: \/011.11:1=50?, ?ugc SOof th..: De:d ~~c:::~:!~
o(Fort Den:' COU:;ly, T~::s~ .i.~id 6.6524
0I.C1\: ~n~bci::~ more partic;J!i::iy d=sc:-iE~~by me!~~ ~i::ibOucds ~ follows (<ill ::2.:1ring:i J.:oc:
rer~r:;-:::-..::l to rile "lj<:.H tin~ of sOlid !{;'Scr-JC "A'):
R?LS ~ l c '. fcu::d fer
Sout11we."i:D~t~ntio:! ?ond
re.:orci=c ~:1sEc~ no. 1769.A.. of t..=-:.:: P!.::.t?.;:-::~s of For: B~:::d Cou:::y, T~x.=.s. fr~1m wh::.:~: ;;::;;
~cuLh"I,;~st,;::r:-.:: of ;o~,ic~=sc:-'\r~ ,. A" be::.::s Sou:ll 39 deg::'~e!$2.5t::ln.u.:~s J. I !ec~n6 ;:';I5t. :l di5.:l:I1<:~
(If 50.CO :0<::::
.
Catnm.endng:!
..."l
:: 5,:S-wc:': iron ro~ with
C:'?
jr:m:;ec "COS L~I..LC
in[~ric!' com=:- on :.h~ !lorth¢"""~tHr.~ of St:.g~
L~cEusi::~:i
l;,.....
-C.
?:ll":";'
Tht:~~~, wj~h the: SO~:':l~~~I~:lc ofT~c~"F' of 53.id5ug::r l...1nd3!.lS1r:~S5P~.!kSr.lUL~'Jo,':~L!)c~:::'ltior~
Pond, ~c::h 30 d::~:::s 34 :r.;",,'.:,:~.s 19 3e:::~r.ds E~t.;'I. dist:lr:e~ of 35.96 :c:;~ tc ;],5/8 ...inc;'" :::)n red
with
c~p s.nm~:::l "COSTEll.O
L.'K. R?LS .1.<.15" so::
T:-:c:;~::. c;,)r.:illuir:g 'J;ic.~:\n.;~SQu=h~:.s:En:. 39.07 ::::: ~long ::~~::.::..:
of 1 (;:~:...c:o th~ left, .ii1.i~ em'Vc
ha· ...in!;; :1 c::ltr~l ~:g!e 0(03 dc;re-:.s .59 mir.u~=;; 5 1 s.::;~cis, il r~dhl." ~.,f560.00 :":.:t ::.nJ.t choru d1;1~
;'e::.n ~i,;it.h28 ::!.cgrc:s 34 m:::ut~ 23 $e=:r.ds E:H~.~ ~:S:.lr.c:of :9.06 [~t:o .l5iS-ln~h iron :oed
with :2.[' ~i:':r.?cd "CaS7:L:'C
~C. R..,c!..S ~ 16" sc~;
'Theile.:. w:lh lnc r,cl'thc::.st line of ~aid Tr=tct "F', NQi.."'s; dc,g:.::.s '2.5 ~r:ir.ut=s 4i seconds \ve:;c. ~
d:Stiln:.:: lJ{ 120.38 f-::: ~o =. SiS-inc;h :!'"Ji. red ·.;.'l~hCil.? it:.;:,ce::!"CCSTF.i.LO ~C. RE'LS 4416" :\~t
(or !.h~ Foint of BeginI:~n;; ~::d $c:.:~hwe.)t cor~c::, of-the 'nc~:;n d~cribec! :~::;
l.
T!;e::c~. cor.;i;;~ti'i5 ·"l,.·ilh:i;:id n~i1h'=::.st line, ~orth 59 ccgr~-=s 2S ;'7":inutcs 41 sC:C;'l~..s W:::it,
::l,~ti5t~Ct.: of' 4.95.89 f::~:o ~ Si6 ji::h iron red ',vith ::\? st~P:::G "COST'2LLO L\'C. RPLS
4416" S~L:
4
2.
l::::-:ce. cc~~i:: ...~ing \\"1:''-':s:ld ncrthc:l.st line. NCr".h 02 dt:;:r::::s]O mir.l.:t::.sas s=:or~cs We,:):,
:. :Est~t!c~ of 14.:9 feet :0 tb: SOLHh dght-o:-W;lY line of 1::5: P:rdc Bou!ev:rc: (lOO-fQv:
'.. [e-=j ;l.S ~~o:c~d
in s!i':e n~~~e!"s 424.:\.. 4Z~E, 42SA :!.":.d~-:snof~j,:: I'1n.rR~corC:3 of Fer-:
3"::I'c C:!1':':'1~l' 'Tc~:~;
3.
Th~;iC:, \lotitt~ £:J.:rl ;·iE):~-cr-'J,.·~;"lj:-:~,~-orr.:: 67 d~gr~=539 min1Jr~s ; i ::l!cor.:!.sE;J.-;:. ~ di5:an~:
0:- 214,:16 (.,;ct to a 5iS·:n.:;" ::,c>nrc~ wi~:-: c::? S!ol..'T.;:-::d"COS:-EL~O ~C. R?L\) 4.:1.16"sac:
EXHIBIT
-
~UO.1
a3~L:~9U 13:~~
tlAY-12-2DOa F::l.r 01: 03 ?~,~~~'TE~~iJ. :liC.
u::
AS PER ORIGINAL
~.
n1er:c:::~ c~~c::1uin~ ·,a,·ith s~d ri ght..o!-w:,y Ell":. ~Icn; '.he :..--= of ~ <:U!VCto th1: n:;ht. t\t :.:1 aT':
length C! ~9.J9 [~::t
?~in; (he norrhwo:.."itQrnerof ~forcs:1id Rc.3.:.-vc \"~··f in ~11.i1tct~l :u\:
length 0[531.':9 :::';: . .iciC. ,=urve ~~....ing:; c::nr....u .l.'gle of:20 cc;re=s 02 minUtc:i 30 SIJ::C::d.i.
;].ma:.us o{ !95C.OO f::t:.:ld a, 'horci :~~ ::~:-::i='form77 cc~':, 4 ~ =:;n~t:::i=.: :;econds E~r.
~ disl~n=o
of 578.S: ice! :0 ~ ::JS-,n'~h [ron roC:''!oid! c~p 5'C:--::p:C. ''COS I:.LtO lNC. RPLS
S.
The:::::. c:::n:JnlJlr:;s ·.lIith :h:: :o:nmcn line of ~ilid ri;~t..of·wu., .:m:i 3.c::;er'Je ;lA". No:"J: 3i
c~~s
"' :r:inutcs 17 seconds 2-i[. <1 dis::anc::ofO.1j :::~ to :l5i3 ...inch iron rod wi~h C:ln
sc:.~~ed "CCSTE:..:...a ~c.~PU ~16" s~:ror~~e:1QrthwcstcnJoiarigh[-af.w.a.vc~~huck
at. th~ sou::hwcs<: int:rsecuon ::f s:tId ;~$S Pirtle 3ou!cy.::oj with Qi!lingharn une: t7tY :0 9C'
width) reco.~J in sU::ieno, 7lDA ·::f i..:".~PI~!:R"~rds of Fort Bend Ccunty. "1·e;,,~:.!:
6.
Tn:r,ce. ""ifro ;:lid cUlb"".1ir.:, SouJh ~7 d.~,:=s15 minulCs43 s:conds East, a disL:ln,: -or
14. 14 f~: to a 5i8-inch iron rod with C"? mrnped "COST"'.cl.LO iKC. RPLS 4416" set io,
the SOUt,'-:c.:.st~nd c{ ~ilid c".:.:back on the w~5t :ig!:t-~f·w:lY Un~
:i.aid CEl1il1gha..." t..~n::
cr
Th:nc.:~ ......'L·h che ,common line of s.;i:j r~gh[-t::lr-w<JY:Jr..d:::'cs.:;-Yc
a..,cl dist:.l.r.c:.:s::
U'~"1
m: foll;)wing
four (~)
CO\l!'$C<>
~oc
1.
South C2 tlc~re::s t S ~:i:\lCe.'i ~3 st:~~~::s .E=.s:.:l disQr.-::: of 5,j.OQ rc=~ :0' .:. ;1S ",;r:e:! trui1
with .~p,t:.rT:["Cd "COSTELLO [1'C. ::.?LS 44 i6" Ie::
8.
55.75 bet .uo~g rhe
of ".;;:rte:o ::-.¢ le:~.said ::.:.tve !1:vingp :umrcl ",,;:e of [0 d:;r~::\
IS minutes 16 .;::nnc... II racl:c~sof 3 \ 0.00 i::~:ilnd a :herd that be",,"SSm"h 07 dO~C3 24
n-';nurcs 5 1 se=~r.d.s E3st,;l dist:..~=: of 55,65 ~C~{ to. S/8·inch iron rrJc:.with c:'.p sn'!.mpci
"COS7ELLO .Nc. RP!.S 4416" 3"~;
9.
55.iS f~::
J.long ch= .:l!e of il '::;;""''::C ::::.: ri~:;~.
said C:..l:ve havi~g a c;ntr::.l "ng:le of 10
tl=gree::i 18 rn~n\.~t'~3[6 .ie:::::r,ds.~
elf 3to.CO t~c~and a.:h"rd
bt:D.r.; SOl:rh 07
dcg:-::s 14 :--.In'.:.t:s S 1 sec:ncs E~t. a -.iist~~c: cf 55.5S f~t:tto ~ 5/~..{r;c:-: ir~n rod w!th c.o:;:
~t..~~=d "COSTELLO rNC. R?!.S 44: 6" ~<::
JO.
So~:h 02 ':c;:-::s 15 mi~'i.:tes43 Si;:;ontl" E~·,. a dis:::nc: of 2'2L76 ~::c~:o~j/~-\nc;h ~:on roc
with I:O:Pst::~p~d "COS1'cLLO INC. RPLS ~16" 5C~~
11.
1l1~~c=.. !e:n'ing :~id righ(·of~',,·ay !ine, Sc':.:t:J 78 d~~r:cs 20 rninures 23 ::ec~~c;;W<.:~~
.. ;!. of
=
~=::.:."
tlb:an<;~ cf 479.SS fi:'~~
:0 ihe Point of
B~itnnlnc ~M.!::ont.:unhl£
t,-:"~
6.6524
:1,-=;;;3
of !:.nd..
AS PER ORIGINNtAUL--------
Reinvestment
Zone
No. 00-01
\
,.
,
z,
\
C
-,
=========
> .
s:
'j!
z·
Reinvestment Zone
No. 00-01
I, \
\
-- .--
\
•
AS PER ORIGINAL
A.PPLIED OPTOELECTRONICS.
I:"Ie.
ECONOMIC [\IP.-\CT ST.-\TE:\1E?'>'T
A.PPLICATION FOR \·.UUE A.DDED T.""'XABATEMEXTS
C,tV or' Sugar L:md. Fort B~nd CounC'·.tort B~nd ISD and "L C.D. =2!
Appiied Optoeiectronics. Inc. i.-\On de ....elops mQ rzlanuEact'JIes advanced se:mconciucwr
lasers. The companv's :asers are us~d ,n th~ wirel~ss. c~ble :ele':ision reA TV'. and
telecom.munic3.tions i~dustries. as well as ror spectroscopy systems.
diode
AOI was founded in Februa.';I ! 997 with the goal of?roviding high-quality leading-edge
semiconduc:or iaser soiutions. Originally housed in space provided by the Cniversity of
Houston's Space Vacuum Epita'{y Center ,a ;.lAS..>.. Space Cormn~rcialization Center). :he
cOlnpany' 5 \vork helped rederine the infrared lase:- landscape and \vas so oUTStanding :hat i: was
named the "Sensors and Insrrumentatiol1 T~cimology of :he Year 2000" bv )i.->.SAT~ch Brie:'s
magazme.
In :000 the .-\01 constr..lcted a state~t]f-the-an3emiconducter manufacturing :acility in Sugar
Land. Texas. This 2.1.000 sq. :t \~::30sq. ::1eter) manurnc~uri!lg facility consoiidared the
compa..'1.:/s JdminiSlr:rr:iv~ otrl.ces. laboratories and production lines :n one location,
.-\0111a5 grown from a SIal: of 13 rllll time membe:s in :000 to more than lOO current staff.
Additionally. employment proj~c:ion indicale expanding caoacity and adding shifts to create an
additional 80-1 50 jobs In the nex: 18 months. AOI is planning to consrruct a second building of
14.400 square feet:me invesmeariy S1.6 rrillion in facilities, 53.0 million in "ew equipment and
5:.0 million to expand capacilY. Projec: completion is expec:ed on or before January 1,2006.
AOI just recently secured S 14.5 million in debt financing :hat allowed consolidation of exisling
debt and future c:lpitai for expansion ma gro\vth.
In S~ptember 2000. AOI requesled:md received tax abatement from :he City of Sugar Land. Fort
Bend County and "reD ,"0. 21. Tne original abatement was granted at 65% ovet 8 years based
on lWOanticipated construc:ion phases. 95% - 100% of .-\OI's inventory is qualified for Freeport
exemption with FOr! Bend ISD and :VICD]\io. 21.'
Due to an economic downturn in th~ semiconduc:or and communications industries, the original
schedule for growth was not achieved and two amendments were approved b~;the ta'{ing
jurisdictions to create the following benchmarks:
I,
I
i
SC;.Fl.
Building I
Building 2
;
,
I
23.850 .
48.900 ,
Start Date : Improvements
1, 1.2002
1,'1,2006
S: .500.000
$4.200.000
\ :VIl"D \io. : I Fre::;::or: -:xempt:or. is only Jpp:icJoie:o me
valu:
'
Personal
Prooem'
750.000
S
S 2 LOOO.OOO
~xt:IH::--eeoon:
exemption
Total
Inventor;
S 100.000
S 1.500,000
vaiue exceeds
Staff
30
65
abalem..,e..n.'
~
'"
EXHIBIT
(2.;
AS PER ORIGINAL
.-\.01 has ie:lSSeSSec
~here 2per2.Iional neec.s J.I1d :lr.alizec. a ?iJ...Tl:"01' their next~xpansion
including joo cxp::msion (If SO~100 j ODS. ilc:"e:LSi11g ;::roductlon ;:apacity tiu-ough ooth z'aciiity
expansion ar.c 3.ccing ;:roduct:on 3uifts. 7heir eX";Jallsion plan includes adding 54.6 miilion in
~ersonai ;Jroperry ma. :mprovtments and::.n J.dditionai 5: :niilion in inventory. :\5 a result .-\OI
is seeking :0 ~ti3.te :he ::·ollo\\"ing :no<iific~Iions :;J ~l1eir ~xisling J.batelnent J.greeme~t:
;
Sc. tt.
I
Stan Date
L.'11provements
,
! Building
Building
I
2
Combined
23.850 .
14 ...;00 I
I
I Prooenv
: Inventory
I
S 230.000
1/1.2002
$l.367.230
i
$
9.873.170
1/1/2006
S1.600.000
'
$
3.000.000
5:.967.230
38.250
'
$ 1".873.170
i
I
Total
I
on Building
80
S 2.230.000
I
180
2 in entirety.
The GreaTer Fort 3end EDC recommends ::nociiiication or'the tax. abatement agreement
new values reflected above. This recommendation is based on the follov¥mg actions:
a.)
AOI has acted in good faith to maimain their abatement
100
I
1 for ~heyears ::007 md :008~ha\"e :heir 3.baIement reduced from 'J5~,'o to "':'0%in 2006.
and lose abatement
I
!
S 2.000.000
The pending request is to further amend the abatement agreement to reflect the new project plans
anticipated in their expansion.
Abatement on Building I began in 200: and runs through 2008 at
65% per annum. Abatement on Building:: is scheduled to begin in 2006 and runs through 2009
at 65% per annum. A.bsent approval of the re'.'isions. "'.01 could lose their abatement on
Building
I
i. Staff
, Personai
stalUs throughout
to
retlec!
the period to
reuect the uncer~ economic conditions ;Jre\'aient in their industry.
b.) ..-\OI is now poised for expansion and will create nearly three times the jobs originally
projected at the inception of the abatement.
c.) ,.\01'5 m;,abie personal propel't\' has accelerated to o'.'er $9 million in 2003 and is
expected to grow to $12 million bv the end of2006.
d.) The expa..'1sion plans meet the current thresholds established by the City, ",RID No. 21
and Coumy for abatement consideration.
".) .-\0] operates one of the target industries that Forr Bend County wishes to recruit as a
stralegic industry to generate high paying job growth.
I
1
AS PER ORIGINAL
Criteria
For Consideration
Legal "'ame of Current
Appiied Optoekc:ronics.
,3111 Jess Pin1e Blvd.
1.
Owner
Lne.
Of Value Added Tax Abatement
of Real Property:
Sugar LJ.nd~ Tex3.S "'7~78
Contact: Thompson Lin. President
Ph.:
281-295-1801
Fa:<: 281-295-1888
Legal Name of the Owner of Personal
Applied Optoelectronics.
Inc.
13111 Jess Pirtle Blvd.
Sugar Land. Texas 77478
Contact: Thompson Lin, President
Ph.:
281-295-1801
Fax:
281-295-1888
Type of Business:
Manufacture onaser
...
Property:
diodes - SIC: 3674, NA1CS code 334413
Exact Location of Site:
13111 Jess Pirtle Blvd., Sugar Land. Texas 77~78
5.
Has the Company
received
6.
Central Appraisal
District
Exact number of acres:
or is it currently
value ofland
recehing
tax abatement:
Yes
and existing improvements:
3.4203 acres
Current Improvements:
Land Vaiue
Facility (24.000 sq. ft.)
Personal Property
Inventory
(Percent ofInvenrory Going Om-of-State within li5·day Cycle -100%)
Total
Is this land currently
7.
under
Type and value of proposed
Agriculture
Exemption?
$
372,160
$ 1,367,230
$ 9,873,170
$ 230.000
S11,842,560
No
improvements:
He"" ImprovemeJ7rs:
Land Value
Facility (I·UOO sq. ft.)
Personal Prope~;
Inventory
$ 1,600,000
S 3,000,000
S 2.000.000
(Percent of Inventory Going Out-of-State withm 175-day Cycie - 100'%)
Total
S 6,600,000
AS PER ORIGINAL
Combined :mprovemems:
Lmd V:J.!ue
Facility
Personal ?:'operry
S
37:.160
S ::'.967.230
S 12.873,170
S ::'.::'30.000
Invemor:,~
"Percent of Inventory Going Out-of-State '.vithin 1-:"5-dayC::c1e - 100%)
518.442.560
Total
Anticipated
8.
Productive
commencement of new construction:
life of proposed improvements:
December 2004
20 years
Lease Term: ~A
9.
Description of activity: This facility will house research and deYelopment activities with
operations based on four shifts per day.
Truck traffic: 5 trucks/day
10.
Existing jobs to be retained:
11.
New jobs to be created: The company's expansion "ill create an additional SO-lOa
adminisrrati\"e and technical jobs.
1:.
Local payroll to be created: Tne anticipated capacity expansion "ill generate 80-150
new jobs increasing payroll by an estimated 53.7-56.9 million annually.
13.
Will Fort Bend residents have the opportunity to fill the newly created positions:
Yes. Fort Bend residents will have the opportunity for empioyment .
. 14.
100
Local Sales tax to be generated:
Although there will be no direct local sales tax generated, sales tax will be generated by
clalming in-situs by the deYeloper in the City of Sugar Land for the construction
materials. Additionally, the employees will spend their disposable income on dining,
retail and other amenities in Sugar Land. The Company will also be using local vendors
and paying sales tax 10c:J.!ly.
15.
Property tax base valuation increase and amount of tues to be paid to the ta:Iing
entities during the period of abatement: See attached schedule.
16.
Any extraordinary
17.
Wastewater
18.
Population
19.
Public improvements
costs incurred by local government
to provide services:
and Sewer usage: Gener:J.!use oiwater and waste water services.
growth as a direct result of improvements:
to be made by the Company:
y[inimal if any.
~one.
None.
AS PER ORIGINAL
20.
Competiiion
with existing businesses: 'ione.
:::1.
Impact on local business opportunities: :"0cJ.lmerchants wouid see :llimited i:J.crease
:n sales based 011 :he additional ~mployment.
,~
Attraction
:3.
Compatibility with zoning ordinances and comprehensive plans: The use is
compatible wili zoning ordinances established by:he Clry of Sugar Land.
24.
Environmental compatibility:
and environmental regulations.
:5.
Community organizations in which the Company plans or is currently
in: Greater Fon Bend Economic Development Council
:6.
Has the company agreed to participate in the continuing economic development
process in Fort Bend County by becoming a Trustee member of the GFBEDC for a
minimum period coinciding with the term of any abatement granted by the County
of Fort Bend: .-\pplied Optoelectronics is already a Trustee member of the Greater Fon
Bend Econor.1ic Development Council and wili continue to oe throughout the terms of the
Value-Added Ta.x Abatement.
of other new businesses: :-ione.
The project is in compliance with existing government
participating
Applied Optoelectronics. Inc. hereby certilies that a115tatements and representations made herein
are accur:lte to).~est
of their k.tlOWledge.and agree to comply with these terms.
----z:£(
...---;;;A"
.',./
/.
~/1
i
~
'r,
h-
Name! title
(/1:'11
.-\pplled Ootoelectronics. Inc.
.
. '.
/!~
.
50fJ'~'
t;:1." ~t
I",
0'71 t;tl)'Y ~\
__~_
(.;, •...,
;-:
•
Date
-
G;:--...:/, ri.0dC1~\
.
CERTIFIC.J.TION:
The Greater Fort Bend Economic Development Council certifies Applied Optoelectronics, Inc.,
has met the standard requirements and is qualified for value added tax abatement in Fort Bend
County.
Her ert
~pei, Jr., President
Greater Fort Bend Economic
Development Council
~ Legal description .:mdplat o{ property
j
Date
..
to
foliow.
J
AS PER ORIGINAL
Applied Optoelectronics.
Inc.
'!AL:"'.E ':"CC'EC T:..X ,:.aAi"EMENT
~r.a'"
Fort Send Economic Oevelopment CouncIl
::Liqar _.3no. =cn 3er1o :S;:; '::crt 3ena MuD #.2~ =~:'":i:ena C':;t.;nrJ -~xas
~r-ase •
:.,lmmUl3liV@
~;'":.~~G
::i:.~~C
~ana
'Sea.cee
:mCl'O\Ien"ents
3.:00
:QUlcment'F'Xlures
'nventoN
'il i=reecort
:::0 ceo
~CO%
c.ualltied
cae
:.:20 :00
':.:CO:::'C
'00%
·OQ%
Total 7ax ~ate
Taxes
Tax '/alue
3i:::,15G
3
,,
,-,",a
New Construction
1,367,:30
3.an
1iO
230 COO
S
",842.560
:qU1PmentlFi)('[ures
,
Inventarv
TotalS
Tax \Jalue
Phase: ':009)
L.ane
New C;:nstructlon
EquIPment/F;xtures
InventorJ
Totals
,
,,
-ax
37:. ~60
J78531
3,':55510
:30 COO
~.S36.300
,
~600:JOa
3.000.:00
COG
5.600.000
,
::;ummUiatIVe !:CJ10\
Lano
New Construction
EQulpmef1t/Fixtures
inventor.
Totals
7ax '/alue
372. ~50
S
2.967,230
12,573, ~iO
~:30 CC!C
18.4.42.560
S
S
,
.
,,
,,
are lcrreman"g
EltlllTCluon
"'reeoOl1
E.:<IIlTCIUon relllllJl1lQ
ilIo.lemertl
IS aDO!lcaDNt
oenocs ~
to FCW'ISene
MUO
ISD
#41 ..... oeeomll
and!lWO
llDDlac.
':'49
18,e9S
S
,
200<1 ~
,n
=0" Sena,
,
:::'::5
:3.:-55
=011
Seno :,:;untv
J 5:::'"'
:.3::3
:, ...99
'J ..:7::
~0';07
655
-_.
.
Sugar ..ana
8.3:284
Savings From Fr.. port 200402005:
Savings From Fre.port 2006·2009:
saVings From Fr .. port after 2009:
rill en,",,,"
.
:,506
S,;:;
5iO
-5.::15
::2.333
;6468:
~;3.~3a
,,
,
I,.s,:,
;::crt Sene
~.tU.D:::;:J
32.;;
:::.345
,
"'
'<:.3:::
. .- --~
J ..:;
:!;,:-:C
::
-,
,-
:-5;;20
2:JC9 OUItO
S
$
$
,::227"
":.94£
"::5 ..-:
9.7.44
S
..1.:75 S
- 323
-30,5-55
Annual
Abated Value
S
507.348
S
98.060
$
138.190
S
40.130
,
~Ol1.:lend Goumv
~,.......
,
., ~7~
,
,,
,
Cummulative
Abated Value
S
S
S
,
196.120
414.571
40.130
650.821
3.841
37,241
48.168
on F'hases :::::nlllIned
JtI
N
"'9l"e-.t i!lIlOorcooseo ilImeI'laTlent$
1J21
an.
:009
'1Je lel a
~r:or
llonr
cl'lsel':lal
ellSl_7Ie
aOlllemem
LS,n el'leet
aU
"o;r.emem
;0: :36
..
"'VI rruO
Nel . .:~
;; ~9:
:S8.:13
5;::
-So';
;;21
0 .:9
~,5:'::
=.Ce,S
10929':,
"
,
7; ...
:7"C.750
:3.:55
:; 1.:51
0
087
.:5.. 0":;
,r::,~:"
3
--
=0113eno ,.~.'-'. M."J.:' ;::'1
670
- ag
::..,." 3
:.:lZ"
i4539
49.553 3
53C;::;
21498:
~€.Si
,
,-.;;.e:
~C:J
..
Tctal7axes
'3 01:~
~ ~ ,::~ G
-etal 7.axes
:.t'~!,::::;:2-
-:;70
,
,, , ,
.~
,,
Total Annual Taxes Paid After Abatement:
Savings From Abatement 2004-2005:
Savings From Abat8iment 2006·2008:
Savings From Abatement :009:
Total Savings from Abatement 200402009:
FreeoOl1
~ 52::-::"
0::5%
Sugar ,-ano
=ott Sene G.::untv =011 Sene i,S.!: \UJ.C
'::7C
} 22!14
J.5237
Value
3
'::::~:
949
3
::7:."5D
49,:::3
j':1 ~
5439
3
1.:13a 531 3
14.796
:3 5S8
":.50551C
-" 38:
579
323
2.::'30.000 S
:7::75-::
25,:-5:
":2.~65
3.146.300
3
,
3
,
,ax
C,Junr.'
,
,5'::8
-,
at:
=crt Sena
~,53!;
3 ...l48
5SC Goe
~.'::50 ceo
:.000 coo
3.610,000
,
,
'~348
1':5
~4037
Sugar Lana
J 3234
A.oateo
'Jalue
37:.160
S :.967.230
;2.5;3.~7iJ
S 2.:30000
18.442.560
; ,57,"
,
Tax
CummulatlVe ;2006-20081
Lana
New Consrruetlor.
:::ClulPmer.ttF;xtures
InventClV
Totals
,
,,
Ouong Abatement
Sugar Land
J2284
Value
,
3
:,-:00
,,
,,
,l"batea
Paid Annually
-..,'"
---
~Gtal -""xes
::C-::· .
,,
,
3
,
,,
,
1 210
'33.49'
:75.454
29 330
360.::85
TOlal Taxes
3 01 Z~
l' ,210
as,37367" -56
,9003
::07 348
RECORDED ON
ll-/q -\)~
INTHECOMMISSIYr1fC~URT
jlAlNUTESOr::
~ ~D
ASPER ORIGINAL
':'ODnea iJDtoetl~ctronlcs.
,nc.
:ire Iter Fon: Sind =conomu:: Oeveiooment
C.:.uncll
~....:::ar_~rc =~.'":~~ro !SC =~~
::er.c :,'U: =:- :::,'":-3"!r'1::: ::~·~r.~i~/a'!:
:>"'!se·
,-: ''30
''-.3.(10
i ~mcrcveIT'en!~
:~rr.mU1allve
::":
. .:-:0 c.::.:
: :::>:a:
: ':':0:::
,:::Ulcrrel"'l·.F·'":'~r"s
IlnverolOl'J
".'. ;::'eecon
Taxes ?aui Annual!'! Dunng Abalement at;·
~
'-:sa.:.
~L,;car ,-.:mo
: ::;3<1
.~aG5\
l.ane
New CJnstru:::\lon
=
:_::;~ :::J
::'_311:'1ec
,
Dt,ase
'-;(}
. ~57::::
. :;57 ::;0
=~f1
~5",
Oiend ::~un~.'
=C~ eeno I 3.C.
J 5:3'":
• .::7C
=:1
.IS
j
::.:::::
:,:,]5
, ,57'
"'I ',,;,:
UlomenuF;'<lL,lreS
• 5<: ~.::
. 'i ,,:::
_,. :5,
::.::~
~ :37 I
::~ ~~3
:30000
Inventol\l
Totals
TOlal iaxII!$ 3v Jun'l:Qu:tlon
OUrln
Abatement
:Oc.::llr _anc
j;:::"·~ase :
'20:9\
; ::C3.J
~.3.no
" ':00,:00
":C:J:J:JO
: :CS :'00
New C;:nstr1.H::lon
=:
U1Drr.eMv;;ixt\,;res
Irwer-IOr\'
ITotals
Totlll
Taxes
Bv ~llrlsdlctJOIl
Ollrmg
':5 ::--
Atlatement
Swcar
:;...~ ::er:: ! S':::
" 3;,J
"'Jnd
:.:::<:
:::1:- I
:;7:. "5;:;
:..anc
"", :1':; ,
New C;;~struC!:on
!:C',Jlorr 1'!~t'..iX1L:reS
:3 ':9,
:"': ,,54
:3.9:0 i
3~JJ35
.:9 ~:::
: 435
:~.Jge:
:: 5"E
:,::C:J:JC
Inver:tcr\'
Totals
,atOll
Taxes
Bv "UrlSdlctlon
Dunn
Abatement
3 .. ::<:r'_an::
L.3n-=
N_ C;::nstr\Jc~:on
:;'Ju~o~e"t';='''1ure5
;nveNcl".
Totals
',I.'::
:;~!1::en::lCJunr ..
<:-
,r.t'.J:
~2"
" :;:7:)
:.2':7:30
':,:7:
;:cl'[;ena
: ::5"J5::;-
3,:. :i:i']
J'::;
.:9 :53
:".:93:·S
-.~C'
I
::::::':00
~9 C03 I
,otal Taxes Bv .IllflSOIl;:tTon AltIIr Abatement
50.:::5:5
Annual
Abalad
Total Annl,lal
Taxes
SaVlIlgs
Savin
From
s From
SavIn
T oal
Salllllqs
s
from
;:ummulativli
Value
Pall:lAfter Abatamant:,
S
Abatement
2004.:005: S
~tlatement
2006-2008: S
':'om Abatement
:009:; S
~batement
::0004-2009:
507.348
98.060
138.190
.. 0.130
2004-2005: I S
2006·2009: S
atter 2009:: S
3.841
37.:~1
48.158
SlIvlnqs
il'rom
SaYinqs
From Freeoon
F, .. pon
Salllnqs
From
F,eepon
5::7 ;.:.8 I
:70 ~50
Abated
S
$
S
S
V .. lue
'96.1:0
414.57~
~0.1Z0
650.321
I
T~. ~sgmales a'. Icr r_onno 3Calltmenl ~'If'OI;5O!C\I'V'Jrl<l'~
:::04"T:UCII'I::O~ tUe<I 0" ~"ues e:r:'alne<:l:!'I:-. ~oT~emenl10Mcrcc:seo
!Fr..con
E:o:enooIO"'S 31l1l1C3l1'. ': reft Elena ISO at'(! MuclIr2"
""",.,.on
-:!a·-axes
I
; ':121
"i :":J
533i~ i
35- -55
!'::,enoo~o" r~.,O!l"l·O ~~U: :r;:' ,...l\l""=C ......
llOOQI;:Ili
.''''r::¢9
<:'VIi'~ ~
o_rl"
<l<:Iat
:l~"::m<!'t''-!
~"sel ·~-.ln
."sl .... '. '.~e.Oa'e"",,,~ 'S ,"' .'I~~: ....~<Ye..~ ..'" "".., ",.~
".0
-,
.
FORT BEND COUNTY
':;;;:,,\DA !TEN'
COMMISSIONERS COURT AGENDA REQUEST F~
DATE SUBMITTED:
PHONE NO.: 281-341-3730
Co Il'1m.
October 22, 2004
AGENDA DATE: November 9, 2004
SUMMARY OF ITEM:
JUDGE'S OFFICE
Waiver of Penalty & Interest: Acct #0089-00-000-4629-910, B S P Marketing:
Yes ( )
AGENDA
#
"J q it
lJC;r.~
2003 Tax Year: Pet. 2
No ( )
..."",..>.'-""-
LIST SUPPORTING
DOCUMENTS
ATTACHED:
.,..,.
1. Request for Waiver
i2. Recommendation from the Tax Collector
3. Tax Receipt
..:'.J
f":' HC>~~
.
J
FINANCIAL SUMMARY:
Yes()No()
Fund
N/A(
Funding Sonrce:
Object
Agency
)
COMMENTS:
OneTime
()
Recurring
N/A
( )
( )
CC with back up:
yes ( x) Auditor
yes ( x) County Clerk
Instructions
1.
2.
3.
.
2 r) 2004
,f_-'" t "1J7Y \\ '~,ANNUALIZED DOLLARS:
BUDGETED ITEM:
-
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
'.,
,,~.'.
'.
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Completely fill ant agenda form, incomplete forms will not be processed.
RECOMMENDATION
,
'."-....
Yes ( X)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
/ ACTION REQUESTED:
Tax Assessor Collector Marsha P Gaines
does not recommend waiver
,-
Ii
"'-
COUNTY JUDGE
(281) 341-8608
Fax (28\) 341-8609
Robert E. Hebert
County Judge
November 1, 2004
Mr. Sam Dimiceli
BSP Marketing
10702 Cash Road
Stafford, Texas 77477
Reference:
Account No. 0089-00-000-4629-910
Tax Year 2003, Precinct 2
Dear Mr. Dimiceli:
The County has received your request to waive penalty and interest in the amount of
$7,066.82 on property taxes for the referenced account for tax year 2003.
If you have documented proof of an error on the part of the County Tax Office or the
Central Appraisal District, you may present that documentation to the Commissioners
Court on November 9, 2004, at 1:00 p.m., when your request will be considered. The
Commissioners Court is located at the William B. Travis Building, 301 Jackson Street,
Suite 700, in Richmond, Texas.
Please contact your Commissioner, Grady Prestage, at 281-403-8000
discuss your request in further detail.
if you wish to
State law mandates that the Commissioners Court cannot approve a waiver of penalty
and interest on property taxes unless an error can be proved on the part of either the
County Tax Office or the Central Appraisal District.
sinceC2J~
Robert E. Hebert
Copy:
Commissioner,
Precinct 2, Grady Prestage
Section 31.01 (9) of the Texas Property Code states, "Failure to send or receive
the tax bill required by this section does not affect the validity of the tax, penalty,
interest, the due date, the existence of a tax lien, or any procedure instituted to
collect a tax."
30 I Jackson St.. Suite 719 • Richmond. Texas 77469
MARSHA P. GAINES
Fort Bend County Tax Assessor/Collector
P.O. Box 399 Richmond, Texas 77406-0399
281-341-3710 Fax 281-341-9267
E-Mail: gainemar@co.fort-bend.tx.us
DATE:
August 18, 2004
TO:
County Judge Robert E. Hebert
Commissioner Grady Prestage
Commissioner James Patterson
Ben W. "Bud" Childers, County Attorney
FROM:
Marsha P. Gaines
Tax Assessor/Collector
RE:
Waiver of Penalty and Interest-BSP Marketing; Acct#: 0089-00-000-4629-910;
2003 Tax Vear; Legal Description: 0089 WM Stafford, Acres 3.5837, Unrestricted Reserve "M-2"
Freeport Southwest Sec 7 RIP; Precinct 2
Mr. Sam Dimiceli with BSP Marketing is requesting waiver of penalty and interest on the above referenced account for
the 2003 tax year.
Tax Office records indicate:
• 2003 original tax roll has the above referenced account number listed as BSP Marketing Inc, POBox
770218, Houston, Texas 77215-0218
• Original 2003 tax statement mailed to BSP Marketing Inc, POBox 770218, Houston, Texas 77215-0218
• Returned mail coded on this account for original mailout, March and May reminder notices with reason from
post office: "P 0 Returned Forwarding Order Expired and Unable to Forward"
• Effective in 1994, "House Bill 11.58 allows the Central Appraisal District to change an address as listed in
Fee Simple Instruments (i.e. Deed) or at the owners request, in writing".
• The name and address on the recorded deed was BSP Marketing Incorporated, POBox 770218, Houston,
Texas 77215 which is the address the Fort Bend Central Appraisal District used for the tax record
• Payment for the 2003 taxes was made by BSP Marketing Inc, on August 9, 2004, for Fort Bend County, Fort
Bend WCID#2, Houston Community College-Stafford and Stafford MSD property taxes which includes
August 2004 penalty and interest
Breakdown of Taxes Paid:
Base Tax
Penalty and Interest
Attorney Fees
Total Paid
$37,193.73
$ 7,066.82
$ 8.852.10
$53,112.65
Section 31.0 I (g) of the Texas Property Tax Code states, "Failure to send or receive the tax bill required by this section
does not affect the validity of the tax, penalty, interest, the due date, the existence of a tax lien, or any procedure
instituted to collect a tax."
I do not recommend waiver of penalty and interest. There is no evidence of an error by the Central Appraisal District or
the Fort Bend County Tax Office per Section 33.011 (a)(I) which states, "The governing body ofa taxing unit: shall
waive penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit
or the appraisal district in which the taxing unit participates caused or re§!!1!edin the tax!X'"yer's.f~lure to pay the tax
before delinquency ... "
c..d~~d.~;r-v
fl.
STATEMENT
FORT BEND COUNTY
DOES NOT DISCRIMINATE
EQUAL EMPLOYMENT
ON THE BASIS OF RACE. COLOR,
NATIONAL
OPPORTUNITY
ORIGiN.
STATEMENT
SEX RELIGION,
\f\ {/)...-UolJV'-/}.~::):l1'-1"u._'
AGE OR DISABILITY
IN EMPLOYMENT
OR THE PROVISION
OF SERVICES
MARKETING
10702 Cash Road
281·277·9696
County Judge Robert E. Herbert
301 Jackson Suite 719
~~-::'"
I~(jRECEIVED':"
AI' - } I
Re:Account:R263597
0089-00-000-4629-910
10702 Cash Road
0089 WM Stafford, Acres 3.5837
Unrestricted Reserve "M-2"
Freeport Southwest Sec 7 RIP
This request is being made to be placed on the Commissioner's
Regarding penalty and interest on the above account.
Thank you for your help in this matter.
Sam Dimiceli
President
Court agenda
..
DUPLICATE TAX RECEIPT
MARSHA P. GAINES
FORT BEND COUNTY TAX ASSESSOR! COLLECTOR
POBOX 399, 500 LIBERTY ST~ SUITE 101
RICHMOND, TEXAS 77406-8399
(281) 341-3710, (281) 341-3741
Certified Owner:
Legol Descripdo.:
BSP MARKETING INC
PO BOX 770218
HOUSTON, TX 77215-0218
0089 WM STAFFORD, ACRES 3,5837.
UNRESTRICTED RESERVE "M-2" FREEFORT
SOUTHWEST SEC 7 RIP
Parcel Address:
Legal Acres:
10102 CASH RD
3.5837
--<
>-Deposit No:
Valld.tfo. No:
A«ount No:
Opentor Code:
04081002
900000OO1436740
0089~29-9tO
BONNIEW
Year Tu Unit Name
2003
FORT BEND WCID#2
2003 HOUSTON COMMUNITY COLLEGE
2003 STAFFORD MSD
2003 FORT BEND CO DRAINAGE
2003 FORT BEND CO GEN FND
Receipt Date:
Deposit Date:
Print Date:
08/0912004
08/1012004
08/16/2004
Arty Paid
Total
463,54
580.64
3.483.85
231,44
289.90
1,739.42
6.114.74
36,688.45
Tax Value
Tax Rate
Levy Paid
P&I
1,497,650
0,162900
2,439,67
1,497,650
0.081333
1,218.08
1,497,650
1.115500
25,692.19
4,881.52
1,497,650
0.025000
374.41
71.14
89.11
534.66
1,497.650
0.498740
7,469.38
1,419,18
1,777.71
10.666.27
S37.193.73
57,066.82
$8,852.10
553,112.65
-----
--<
>-CHECK NUMBER(S):
PAYMENT TYPE:
28580
Checks:
Casb:
553,112.65
50.00
Credit Cards:
50.00
E·Fund Trans:
50.00
Otben:
50.00
Total AppUed:
Total Tendered:
(All Aceounts)
Change Paid:
(AU Accounts)
$53.112.65
553.112.65
$0.00
ACCOUNT PAID IN FULL
PAYER:
BSP MARKETING INC
10702 CASH RD
STAFFORD, TX 77477
(281) 341-3710, (281) 341-3741
Page 1 of 1
COUNTY JUDGE
(281) 341-8608
Fax (281) 341-8609
Robert E. Hebert
County Judge
September 7, 2004
Mr. Sam Dimiceli
SSP Marketing, Inc.
10702 Cash Road
Reference:
Account No. 0089-00-000-4629-910
Dear Mr. Dimiceli:
$7,066.82 on property taxes for the referenced account for tax year 2003.
If you have documented proof of an error on the part of the County Tax Office or the
Central Appraisal District, you may present that documentation to the Commissioners
Court on September 14, 2004, at 1:00 p.m., when your request will be considered. The
Commissioners Court is located at the William S. Travis Building, 301 Jackson Street,
Suite 700, in Richmond, Texas.
Please contact your Commissioner, Grady Prestage,
discuss your request in further detail.
at 281-403-8000
if you wish to
Copy:
Commissioner,
Section 31.01 (9) of the Texas Property Code states, "Failure to send or receive
the tax bill required by this section does not affect the validity of the tax, penalty,
interest, the due date, the existence of a tax lien, or any procedure instituted to
collect a tax."
30 I Jackson St., Suite 719 • Richmond. Texas 77469
COMMISSIONERS
FORT BEND COUNTY
W~,~I'ID,~
rrEM
;;<.
AGENDA
PHONE NO.: 281-341-3730
DATE SUBMITTED: October 25, 2004
cuJ
#
Pc.r. 2.
SUMMARY OF ITEM: Waiver of Penalty & Interest; Acct #2931-01-002-0230-907, James & Reginia Smith; 2003 Tax Year;
Precinct 2
Yes ( )
No ( )
..
LIST SUPPORTING DOCUMENTS ATTACHED: 1. Request for Waiver
2. Recommendation from the Tax Collector ..
3. Tax Receipt
/ <.
,
R:...'..(:;
. a .....
~ " (c:u~
FINANCIAL SUMMARY:
~
.( ...
Yes()No()
Fund
N/A(
Funding Source:
Agency
Object
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
)
OneTime
( )
Recurring
N/A
()
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
•''''.'''II))
",'.''';-''/
,\~~,.
". ",'
j ....,
( )
CC with back up:
yes ( x) Auditor
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
Yes ( X)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
,.)
Fax or inter-office copies of agenda form witb all back up information by Wednesday at 2:00 p.m. to
RECOMMENDATION I ACTION REQUESTED:
recommends waiver
COUNTY JUDGE
(281) 341-8608
Fax (281) 341-8609
Robert E. Hebert
County Judge
October 28, 2004
Mr. and Mrs. James Smith
4734 Creek Point Lane
Missouri City, Texas 77459
Reference:
Account No. 2931-01-002-0230-907
Dear Mr. and Mrs. Smith:
$79.41 on Fort Bend County property taxes for the referenced account for tax year
2003. I am also in receipt of a letter from the Tax Assessor/Collector for Fort Bend
County pertaining to this request, including information from the Fort Bend Central
Appraisal District.
Your request will be considered by Commissioners Court during regular session on
November 9, 2004, at 1:00 p.m. Your presence is not mandatory, however, you may
wish to contact your Commissioner, Grady Prestage, at 281-403-8000 to discuss the
matter in further detail.
SinceL2.J~~
Robert E. Hebert
Copy:
Commissioner,
Section 33.01 (a) (1) of the Texas Property Code states, "... shall waive penaities and
interest on a delinquent tax if an act or omission of an officer, employee, or agent of the
taxing unit ... caused or resulted in the taxpayer's failure to pay the tax before
delinquency."
301 Jackson St., Suite 719 • Richmond, Texas 77469
MARSHA P. GAINES
281-341-3710 Fax 281-341-9267
DATE:
October 4, 2004
TO:
FROM:
Marsha P. Gaines
RE:
Waiver of Penalty and Interest - Smith, James & Reginia; Acct#: 2931-01-002-0230-907; Precinct 2
2003 Tax Year; Legal Description: Estates of Silver Ridge Sec I, Block 2, Lot 23, Acres 1.8049
Mr. and Mrs. James Smith Jr. are requesting waiver of penalty and interest on the above referenced account for the 2003
tax year.
•
See attached synopsis
Breakdown of Taxes Paid (County portion only)
Base Tax
Attorney Fees
Total Paid for County portion
$397.04
$ 79.41
$ 95.29
$571.74
I do recommend waiver of penalty and interest due to an error by the Central Appraisal District and the Tax Office per
Section 33.011 (a)(I) which states, "The governing body ofa taxing unit: shall waive penalties and interest on a
delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit or the appraisal district in which
the taxing unit participates caused or resulted in the taxpayer's failure to pay the tax before delinquency ... "
STATEMENT:
FORT BEND COUNTY
EaUAL
EMPLOYMENT
NATIONAL
OPPORTUNITY
ORIGIN,
SEX
STATEMENT
RELIGION.
AGE OR DISABILITY
IN EMPLOYMENT
OR THE PROVISION
OF SERVICES
MARSHA P. GAINES
281-341-3710 Fax 281-341-9267
• 2003 original tax roll has the above referenced account number listed as Parkstone Dvmt Corp, 5433
Westheimer Rd Ste 590, Houston, TX 77056-5321
• October 16,2003, received and processed a name and address change from Fort Bend Central Appraisal
District (CAD) changing the name/address on the account to: Smith, James & Regenia, 4734 Creek Point Ln,
Missouri City, TX 77459-6715
• Original 2003 tax statement mailed to Smith, James & Regenia, 4734 Creek Point Ln, Missouri City, TX
77459-6715
• December 5, 2003, our office received payment for the 2003 taxes from National City Mortgage
• December 15,2003, our office received a duplicate payment from James & Reginia Smith
• December 17, 2003, a refund was issued to the Smith's because account was previously paid by National
City Mortgage
• April 2004, our office received a change order from CAD which lowered the value for 2003 because the
improvement value was transferred to another lot (Lot 22). When the change was processed through an
electronic file, the name and address was changed back to the previous owner in error (Parkstone
Development).
• At this time, National City Mortgage stated that they paid the Smith's account in error and should have paid
the taxes on Lot 22 instead of Lot 23; thus, our office transferred the money to the correct account which
made the 2003 taxes due on Lot 23, which is the Smith's account.
• Per Section 31.04 (a) of the Property Tax Code, our office mailed a twenty-one day letter allowing the
taxpayer to pay the base tax within twenty-one days; however, the letter was mailed to Parkstone
Development instead of the Smith's because that was the name received on the latest change from CAD.
• May 2004, our office received another change order from CAD to change the name back to the correct owner
of James & Reginia Smith
• July 2004, our office began collecting for City of Missouri City and Houston Community College-Missouri
City ... delinquencies for both tax units were added to this account per the delinquent roll
• August 2004, a delinquent notice was mailed to Smith, James & Regenia, 4734 Creek Point Ln, Missouri
City, TX 77459-6715
• Payment for the 2003 taxes was made by James & Reginia Smith on September 13, 2004
STATEMENT:
FORT BEND COUNTY
EQUAL EMPLOYMENT
ON THE BASIS OF RACE, COLOR,
NATIONAL
OPPORTUNITY
ORIGIN,
SEX
STATEMENT
RELIGION,
AGE OR DISABILITY
IN EMPLOYMENT
OR THE PROVISION
OF SERVICES
?P/lftJ jo¥
September 15, 2004
Cof2R£cteD
iffi~
This letter is in reference to :
Owners: JAMES AND REGINIA SMITH
Account number: 2931-01-002-0230-907
Legal Description: ESTATES OF SILVER RIDGE, SEC 1, BLOCK 2, LOT 23,
ACRES 1.8049
Year in question: 2003
Mailing Address: 4734 CREEK POINT LANE, MISSOURI CITY, TX 77459
Phone Number: (281) 431-1862
Dear Judge Hebert,
?+8.7sr
We are requesting a penalty and interest refund in the amount of~.
We paid
our taxes on time, but then received a refund in the amount of $845.33. We were
later notified, without explanation that a tax bill was due. I called and explained
that our bill was paid and that we were given a refund.
It wasn't until August 13,2004 that a clerk from the office explained to me that our
refund was given in error. She explained to me money credited to our account in
error had to be applied to the proper account thereby causing our account to be
debited. On September 13,2004 I paid a total of$1194.08 ($845.33 levy and $169.07
P & I)
IH+-f 11CJ.Vb . rtif
.
·=?l-Vb.7 SP-Y
Since this error was the county's fault, I believe a refund of $J.69;b7 should be
returned to us.
You prompt response to my request is greatly appreciated,
Mr. and Mrs. James Smith Jr.
4734 Creek Point Lane
Missouri City, TX 77459
(281) 431-1862
FBG TAX OFF IGE
Fax:2B13419267
Oct 28 2004
15:33
P.01
AS PER ORIGINAL
.,
DUPLICATE TAX RECEIPT
MARSHA P. GAINl.S
FORT BEND COUNTY TAX AllRSSQ1V CO LECT
,
P o BOX399,500LIBEaTY ST. S
101
It
RICHMOl'l1l, TEXAS 77401i-0399
(1S1)3~1.3710,(lS1) 3~1-37~1
C.~dOwIl'"
SMITH JAMES & REGINIA
~734CREEK POINT LN
MISSOURI On' ,TX 7'.S9-ti71S
011 !lEe I, BLOCK 2,
--<:
>--
AoooantNo'
04C~llGI
900000001476394
2931.0I-002~1G-907
Operltor Cotlc:
YOLANDAV
P.plW£tNo:
V __
aNOl
09/1312(104
09/1311004
0912Il1OO4
Tn Vllae
Veer T .. llollN .....
2003 CITY OF MIS!lOutU CITY
HOUSTON COMM
!'ORT BlIND co DRAlNAGIl
PORT BlIND
co DEN
I'NIl
0
0
7~,810
75,810
TuRal<
0,510000
o.OBl333
0
0,498740
TalOl
Lr-<y PIld
386,63
i77,3
69,5
6166
12.3
14.•
3.7,
Sn.!S
11,79
4\
75.6 ./'1'1.
Sll4U3
J17U,
$1.194.08
10.00
10.00
10.00
10.00
SI,194.08
11,194.08
10,00
PA'OlR,
4734 CRE£K POINT LN
MISSOURI CITY, TX 77459-6715
(211) 341..1710, (31) 341-3741
Poplofl
DUPLICATE
TAX RECEIPT
MARSHA P. GAINES
FORT BEND COUNTY TAX ASSESSOR! COLLECTOR
PO BOX 399
RICHMOND, TEXAS 77406-0399
(281) 341-3710, (281) 341·3741
Certified Owner:
Legal Description:
4734 CREEK POINT LN
ESTATES OF S[LVER RIDGE SEC I. BLOCK 2.
LOT 23. ACRES 1.8049
Parcel Address:
Legal Acres:
4734 CREEK POINT LN
1.8049
--<
>-Deposit No:
040913G1
Validation No:
Account No:
Operator Code:
90000000[476394
2931-01-002-0230-907
YOLANDAV
Year Tax Unit Name
CITY
Receipt Date:
09/[3/2004
Deposit Date:
Print Date:
09113/2004
10125/2004
Tax Value
Tax Rate
Levy Paid
P&I
Atty Paid
Total
0
0.510000
386.63
77.33
69.59
533.55
0
0.08[333
61.66
[2.33
14.80
88.79
2003
C[TY OF MISSOURI
2003
HCC- MISSOURI
2003
FORT BEND CO DRAINAGE
75,8[0
0.025000
[8.95
3.79
4.55
27.29
2003
FORT BEND CO GEN FND
75,8[0
0.498740
378.09
75.62
90.74
544.45
5845.33
5169.07
5179.68
51,194.08
CITY
>--
--<
CHECK NUMBER(S):
PAYMENT
5725
Checks:
TYPE:
PARTIAL PAYMENT
51,[94.08
Cash:
$0.00
Credit Cards:
$0.00
E-Fund Trans:
$0.00
Others:
$0.00
$1,[94.08
Total Applied:
Total Tendered:
(All Accounts)
Change Paid:
(All Accounts)
REMAINING
51,[94.08
$0.00
BALANCE
PAYER:
4734 CREEK POINT LN
(281) 341-3710, (281) 341-3741
Page I of I
COMMISSIONERS
FORT BEND COUNTY
AGE.NDAITEM
DATE SUBMITTED:
AGENDA
#
.. o,,,m.r c:r. 3
SUMMARY OF ITEM:
JUDGE'S OFFICE
PHONE NO.: 281-341-3730
A
October 25, 2004
Waiver of Penalty & Interest: Acct #3517-07-001-0030-907, Giwa-Salvador
Ao
..
Norris Alade & Winifred
Adeola Ajayi: 2003 Tax Year: Pet. 3
Yes ( )
LIST SUPPORTING
FINANCIAL
DOCUMENTS ATTACHED:
Yes()No()
Fund
No ( )
1. Reqnest for Waiver
2. Recommendation from the Tax Collector
3. Tax Receipt
SUMMARY:
BUDGETED ITEM:
N/A( )
Funding Source:
Agency
Object
COMMENTS:
ANNUALIZED DOLLARS:
OneTime
()
Recurring
N/A
()
( )
CC with back up:
yes
yes
yes
yes
yes
( x) Auditor
( ) Budget Officer
( x ) County Attorney
( x) County Clerk
Instructions
1.
2.
3.
"36f?
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(x
(x
(x
(x
) Comm.
) Comm.
) Comm.
) Comm.
Yes ( X)
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
RECOMMENDATION
/ ACTION REQUESTED:
recommends waiver
COUNTY JUDGE
(281) 341-8608
Fax (281) 341-8609
Robert E. Hebert
County Judge
October 28, 2004
Ms. Winifred A. Ajayi
2210 Blue Vista Court
Reference:
Account No. 3517-07-001-0030-907
Dear Ms. Ajayi:
$41.61 on property taxes for the referenced account for tax year 2003. I am aiso in
receipt of a letter from the Tax Assessor/Collector for Fort Bend County pertaining to
this request, along with correspondence from the Fort Bend Central Appraisal District.
Your request will be considered by Commissioners Court during regular session on
November 9, 2004, at 1:00 p.m. Your presence is not mandatory, however, you may
wish to contact your Commissioner, Andy Meyers, at 281-494-9076 to discuss the
matter in further detail.
Sincew~
6-00
Robert E. Hebert
Copy:
Commissioner,
Precinct 3, Andy Meyers
Section 33.01 (a) (1) of the Texas Property Code states, "".shall waive penalties and
interest on a delinquent tax if an act or omission of an officer, employee, or agent of the
taxing unit
caused or resulted in the taxpayer's failure to pay the tax before
delinquency."
301 Jackson St., Suite 719 • Richmond, Texas 77469
MARSHA P. GAINES
281-341-3710 Fax 281-341-9267
DATE:
October 21,2004
TO:
FROM:
Marsha P. Gaines
RE:
Waiver of Penalty and Interest - Giwa-Salvador Norris Alade & Winifred Adeola Ajayi; Precinct 3
Acct#: 3517-07-001-0030-907; 2003 Tax Year; Legal Description: Glen Laurel Sec 7, Block I, Lot 3
Winifred A. Ajayi is requesting waiver of penalty and interest on the above referenced account for the 2003 tax year.
•
See attached synopsis
Breakdown of Taxes Paid
Base Tax
Attorney Fees
Total Paid
$208.03
$ 41.61
$49.92
$299.56
I do recommend waiver of penalty and interest due to an error by the Central Appraisal District (see copy of letter from
the Fort Bend Central Appraisal District) and per Section 33.011 (aXI) which states, "The governing body ofa taxing
unit: shall waive penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the
taxing unit or the appraisal district in which the taxing unit participates caused or resulted in the taxpayer's failure to pay
the tax before delinquency ... "
STATEMENT:
FORT BEND COUNTY
EQUAL EMPLOYMENT
ON THE BASIS OF RACE, COLOR,
NATIONAL
OPPORTUNITY
ORIGIN,
STATEMENT
SEX RELIGION,
AGE OR DISABILITY
IN EMPLOYMENT
OR THE PROVISION
OF SERVICES
MARSHA P. GAINES
281-341-3710 Fax 281-341-9267
• 2003 original tax roll has the above referenced account number listed as MID Partnership Ltd, 3223 Chapel
Creek Way, Missouri City, TX 77459
• October 16,2003, received and processed a name and address change from Fort Bend Central Appraisal
District (CAD) changing the name/address on the account to: Giwa-Salvador Norris Alade & Winifred
Adeola Ajayi, 3223 Chapel Creek Way, Missouri City, TX 77459-6730
• Original 2003 tax statement and March and May delinquent notices mailed to Giwa-Salvador Norris Alade &
Winifred Adeola Ajayi, 3223 Chapel Creek Way, Missouri City, TX 77459-6730
• Returned mail received for the original mailout, and for the delinquent notices sent in March and May
• The Fort Bend Central Appraisal District listed an incorrect mailing address (clerical error)
• August 2004, the Appraisal District issued our office a correction changing the address to: 2210 Blue Vista
Court, Sugar Land, Texas 77478
• Payment for the 2003 taxes was made by Winifred A Ajayi on September 29,2004 for Fort Bend County
taxes
STATEMENT:
FORT BEND COUNTY
EQUAL EMPLOYMENT
NATIONAL
OPPORTUNITY
ORIGIN,
STATEMENT
SEX, RELIGION,
AGE OR DISABILITY
IN EMPLOYMENT
Of:! THE PROVISION
OF SERVICES
FBC TAX OFFICE
Oct 27 2004
Fax:2B13419267
P.02
11 :09
I
II
,
AS PER ORIGINAL
· Wednesday, September 29, 2004
Marsha P. Gaines
P.O. Box 1028- Payment Process Dept.
Suge.rLand, Texas 77478-1028
·
"
...•
"
.....
..•
i i
,->
. """"~'
~./
3517 -07 -00 1-0030-907
"'i';"""""""~"""i
..,
"
Ii
Ii
Giwa-Salvador Norris &. Winifred Adeola Ajayi
2210 Blue Vista Court
,!
,!
!
!
I
Ion our
We're requesting a refund for the penalty a~d ntere t ~iIccru
. account due to the fact that we're not responsible fo the eli queue'.
l
·
Please peruse .he attached correspondence. Thanks.
W~jaYi
For the Family.
I
'
i
!
!
I
I
!
i
Attachment: Fort Bend Central Appraisal District C rresp nf nee.
I
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f
j
~
[,
"
(TAC
:.,'
:
,
"
,
.
;
Oct 27 2004
Fa~:2B134192G7
FBG TAX OFF IGE
P.03
11:09
•
,
FORT BEND CENTRAL A PRA
'Jl,
2801 B,F. Te
Rosenberg, Texas
(281) 34
,ti r_.
AS PER ORIGINAL
,
~
,
!
~
August 4, 2004
II
Oiwa-SalvadQr Norris Alade & Winifred Meola Ajayi
2210 Blue Vista Ct.
Sugar Land. lX. 77478-2126
'..
•
,.
•
•
"'0'"
'.
·f ....
··:"':' ""_·'···~~i·~·~,:',h.!.,
-~','',., :. -,;•. "
II
.."'-~'-'~"~''''''''~'''''''''-''
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'-':'....
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AccountN3S17-67-001-0030-907
R266095
1
1-
~
I :
~,
I
Ii
Re: INCORRECT MAILING ADDRESS
:
i
Dear Mr. and Mrs. Giwa-Salvador,
I.
i
I wish to thank you for infonning me of the mistake that I
inadvertently inserted an incorrect mailing address to your acco t
Iunderstand that due to my clerical error, you hlJ.vebeen recei'
II
I:
I
d1lon 9/1 03, where I
.. QWI1e hip transfer.
d'
ent taxi notices ftom
Fort Bend County Tax Office, Fort Bend lSD, Ed Grosso Tax C, d ity of S gar Land. I
wish to a~lo2ize and infonn you and the taxing jurisdictions f the
!:ftion in ur mailing
address which was done on 7/14/04. I have enclosed a copy of e ace wit card f1 your benefit
l
and will be forwarding a copy of this letter to all taxing authoriti .
~r
~
I.
ku
'1
Again please accept my apology and ifthere is anything else tha I can eJ
Have a great day.
c:-r;garos,
I
I
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'
i
, ec........i'~~~
•
Mapping Clerk
~>£."
;
'
wi " pleMe call.
...'I:u
Ted Siwierka
Deputy Chief Appraiser
Cc: Fort Bend County Tax Office
POBox 399
Richmond, TX. 77406-0399
I
I
i
I
I
I
II
I
I
(
Ii
11
,11
FBC TAX OFF I CE
Fax:2B13419267
P.04
Oct27200411:10
\
Cc:'Fort Bend ISD
'.
AS PER ORIGINAL
POBox 1004
Sugar1Alnd. 'lX. 77487·1004
Cc: Ed Grosso Tax Ale
693S Bamey RD Ste #11 0
Houston, TX. 77092
Cc: City of Sugar Land
PO Box 110
Sugar Land, TX. 77487-0110
....
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~.
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.
Oct
Fax:2813419267
FBC TAX OFF! CE
272004
,
l',
II
TAX RECEIPT
I
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6)
MAlllIIlA
CQ\JIlITY T~
~epID
LENtJ
GIWA.SALV AllOR NORRIS .\LADE
.. WlNIFRED Al>ltOLA AJA'Yl
ZZ10 BLUE VISTA CT
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BUll V1Il'TACT
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Tn. Value
FORT IlENIl CO GIlN PNJ)
J!I, no
39, no
Tubtt
O.02lO<I 0
0.4911740
Lrt7 'IIA!
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9.9~
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47.54
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V_doll'll:
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CIptnIo< COIW:
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SUGAR LA.'ID ,TX 77471-1116
D.pooltNOl
AS PER ORIGIN Al
i
r. GAINES
"-'i~SORJ COlJ lBero~
POllT UNIl
PO!lOX 399.~ LIBERTY 9T" BlJITE 1 1
RICHMOND , TEXAS 7740604399
(281)341 -mil, (281) 341-3741
>--
P.05
11:10
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ace
flNTP.4 WI.
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$0,00
$>99.30
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(/IlIA
BOtlSTON ,TX 7747B·U:l'
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Tloo1
PAYER'
WINIFRED A AJA YI
,UIOBLt1J:VUTACT
'1
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....
1.11
FORT BEND COUNTY
I>.GENDA rrEM
DATE SUBMITTED:
COURT AGENDA DATE:
///"'9/",7"
~
AGENDA
SUBMITTED BY:
Jean McCarver
DEPARTMENT:
Comm. Pct..4
PHONE NO.: 281-980-2235
10/12104
3/
SUMMARY OF ITEM:
DISCUSS AND TAKE ALL APPROPRIATE ACTION TO AUTHORIZE THE COUNTY JUDGE TO INVESTIGATE
THE CREATION OF A COLLECTIONS DEPARTMENT
Yes ( )
No()
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
OneTime
N/A ( )
Funding Source:
Agency
Object
COMMENTS:
ANNUALIZED DOLLARS:
Recurring
N/A
.i
(281-341-3774)
281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
F .... .-;
( )
()
( )
)
3.
,_.:
(X ) Comm. Pet. 1
(X ) Comm. Pet. 2
(X ) Comm. Pet. 3
( ) Comm. Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
...
,._(.'~,
CC with back up:
(X ) Auditor
(X ) Budget Officer
(X ) County Attorney
(X ) County Clerk
',('f
Fax or inter-office copies of agenda form with all baek up information hy Wednesday at 2:00 p.m. to
All original back-up must he received in the County Judges Office hy 2:00 p.m. on Wednesday.
#
FORT BEND COUNTY
N3ENDA rrc~l
RETURN TO: AGENDA COO RD.-COUNTY
DATE SUBMITTED:
OFFICE
SUBMITTED BY: James Edwards
DEPARTMENT:
Budget Office
PHONE NO.: (281l 344-3937
October 21, 2004
Noy 2 2004
COURT AGENDA DATE:
JUDGE'S
AGENDA
ITEM
#5~
SUMMARY OF ITEM:
Amend the 2005 Budget Policy.
An amendment was made to item 15 to control budget transfers from 4034 Attorney's Fees and 4035 Other Litigation Expenses.
RENEWAL
LIST SUPPORTING
FINANCIAL
DOCUMENTS
ATTACHED:
0
No (.I)
Amended Budget Policy
SUMMARY:
BUDGETED
YesO
Yes
CONTRACT/AGREEMENT:
NoO
ANNUALIZED
ITEM:
N/AO
Funding Source:
Fund~cy
COMMENTS:
DOLLARS:
One Time
()
Recurring
()
N/A
(.I)
Orgn __
Original Form Submitted with back up to County Judge's Office: Yes (.I)
CC with back up:
yes (.I) Auditor
yes (.I) Budget Officer
yes (.I) County Attorney
yes (.I) Purchasing Agent
yes (.I) County Clerk
Instructions
1.
2.
3.
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(.I)
(.I)
(.I)
(.I)
Comm.
Comm.
Comm.
Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
listed above.
RECOMMENDATION
Recommend actions according to Summary of Item.
/ ACTION REQUESTED:
2005 FORT BEND COUNTY BUDGET POLICY AMENDMENT #2
The Fort Bend County Budget appropriates the funds for the operations of each
department in the county according to the financial policy of the Commissioners Court.
The budget must be prepared and administered according to the laws ofthe State of
Texas. With the full understanding that defining and announcing that policy will
inevitably lead to better, more realistic, budget requests, and that the public and the
county departments should know and have access to the policy, the Commissioners Court
of Fort Bend County (the Court) adopts this official budget policy in preparation of the
2005 Budget.
1. The first duty of the Court is to govern the County in compliance with the laws of the
State of Texas and of the United States. The Commissioners Court recognizes its
duty to the citizens of Fort Bend County to operate the County in a fiscally
responsible manner. It is the duty and responsibility of each elected official and
department head to operate their office or department frugally and efficiently. Costs
for services mandated by the State and Federal Government have increased, and the
County continues to grow. Therefore, it is especially important to eliminate all
unnecessary expenditures.
Every department should make every effort to reduce expenditures or hold the line on
expenditures by increasing efficiency within the office in order to meet this goal
without reducing the required level of services. All programs should be examined
periodically as needed to ensure they are still viable and still provide the best method
of serving an identified duty of the office or department.
The Country is experiencing an economic downturn, and Fort Bend County is not
exempt from economic stress. County government has a responsibility to its citizens
to set the standard of efficiency and care by reducing costs whenever and wherever
possible.
2. The Court will continue to be aware of the cost of government that is borne by
taxpayers. Costs of capital projects planned for the near future may impact the
financial needs of the county in the current budget. While the county's tax base has
expanded at an average annual rate of 7.55% over the past ten years, and will
maintain a good level of growth, this may strain the taxing capacity of the County.
However, prudently managed county services will likely be adequately provided for
by the added funds from growth in the tax base without any increase in taxes.
3. It is a stated policy of the County that the General Fund balance will be maintained at
no less than 15 percent of the General Fund Budget and overall total fund balance
will be maintained at no less than 15 percent of the overall total county budget.
4. Each department or office should present their capital projects for the next five years
so the County Budget Officer may consolidate them into a five-year Capital
Improvements Plan. Departments in a common functional area (e.g., courts or law
enforcement) are encouraged to cooperate in planning for capital projects that affect
the whole functional area. Budgeting and allocation of funds for capital projects will
be made on the basis oflong term planning. Capital projects include major
equipment and software purchases (with capitalized costs of implementation) as well
2005 ADOPTED BUDGET POLICY 03102/04
Page 1
as construction and remodeling. The Building and Space Committee will review and
recommend action on all projects, including minor remodeling, which will, if
approved, be budgeted within the department.
5. Capital improvement projects may be paid from current revenues or bonds. Bonds or
other forms of debt will normally be used for capital projects when appropriate, but
only when the capital asset created will have a useful life equal to or longer than the
debt repayment period. All Capital Projects, whether funded with bonds or other
indebtedness, or from current funds, will be managed by a multiyear budget if the
construction period extends over more than one fiscal year.
6. It is a major priority of the Court to advance the economic development efforts in the
county. The Court will support efforts to advance economic prosperity of the county
when it finds that such efforts are in the best interest of the county and its citizens.
The Court will provide funds only when it can legally do so, and in the amount that
represents a fair share of the efforts considering all parties that stand to benefit and all
entities covered.
7. All internal services should operate efficiently. The Commissioners Court will
examine internal services to see if they can be better performed by the private sector.
The county will continue to perform those services that it is best suited to perform.
The county wil1 accelerate the process of allocating the costs of internal services to
the user departments so that it is done whenever possible and economically feasible.
8. The cost of operations of all automobiles and light trucks wil1 be al10cated to each
using department. Each department requiring a replacement car or light truck, will be
allocated an amount for the replacement vehicle, and wil1 be required to return the
vehicle being replaced. Replaced vehicles will be returned to Vehicle Maintenance
for sale or redistribution to other departments. Each department requesting an
additional car or light truck will be required to justify the need for the additional car
or light truck. If the court allows the additional vehicle, it will be an addition to the
authorized list of vehicles for that department.
9. Each department will prepare and submit to the Budget Office measures of the
Department's performance. These performance measures will reflect the goals of the
Department as stated in their long-term plan, and will, as accurately as possible,
measure attainment of an operational aspect of the goal. Departments should submit
from 4 to 7 performance measures. Each Department will be responsible for
maintaining data to measure attainment of these goals as set out in the performance
measures.
10. It is the priority of the Court to provide adequate, qualified staffing for offices and
departments, while ensuring that organizational structures are efficient. Requests for
increases in staff should be made only for new programs and/or upon demonstrated
increases in service requirement that cannot more efficiently be met with improved
technology or changes in procedures. Needs should be documented by comparisons
2005 ADOPTED BUDGET POLICY 03/02/04
Page 2
to recognized performance standards whenever possible, by comparisons with other
similarly situated counties, or by other verifiable documentation. Positions will only
be approved when a verifiable need exists. Excessive overtime usage will be
investigated to determine if new positions are warranted, or if the overtime is caused
by a temporary situation.
Since the economy has not ful1y recovered yet, and costs must always be contained,
all requested new positions will be scrutinized very closely.
11. The Court anticipates that employee compensation will be competitive with those of
other comparable employers in the area. Salaries and other benefits of local
governments and private sector employers in the area have been surveyed to provide
a logical basis for comparison. Positions that perform nearly identical functions, or
that can be classified as requiring the same skill and experience sets will be
compensated equal1y.
12. The Court will appropriate adequate funds to ensure that the county's work force is
properly trained. Every effort should be made to find or organize training in the area
to minimize travel costs. Offices and Departments are encouraged to join together in
training efforts within the county when common training requirements exist.
Training should be coordinated through Human Resources whenever possible.
13. Each county office or department should examine their fee schedule at appropriate
intervals to ensure that fees are set in accordance with applicable statutes and that an
appropriate amount of the cost of service is being borne by the actual user of the
service. When a fee is al10wed by statute, but has not been adopted by the county,
this fact should be brought to the attention of the Budget Officer who will notifY the
Commissioners Court.
Every fee office will make a bona fide effort to collect all revenues rightly due the
county. When collections are below standard, the county will consider whether to
adopt other collection efforts (outsourcing collections or developing in-house
collections), if justified by potential returns.
14. Each annual operating fund maintained by the county shall be budgeted, including
special revenue funds that are for the use of only a single department or a single
purpose. All such budgets will be submitted to the Commissioners Court for
consideration during the budget adoption process.
15. Transfers within a department's budget, or within the same fund, may be made from
available, budgeted money with Commissioners Court's permission. To minimize the
need for excessive court actions, the budget will be prepared and managed at the
object code level, but adopted at a major category level, so that Departments may
utilize operating funds as needed. All department heads are expected to manage their
budgets to maximize efficiency and achieve the goals of the department.
Departments may move moneys from object code to object code within the major
category area (except salaries, which are managed by the budget office). A major
exception is that any movement of funds to pay for items or programs that have been
Page 3
discussed and disallowed during the budget process may only be made with the
approval of the Commissioners Court.
In order to monitor and control costs for court-appointed attorney fees and witness
fees that are paid from the Allorney·s Fees line item (4034\, and for Other Litigation
Expenses line item (4035\, no transfers will be made from these accounts without the
specific approval of the court. An exception will be that transfers between these two
accounts will be allowed. Moneys from these accounts are to be considered restricted
to uses involving court appointments, witness payments or related court activities.
Other uses are to bc strictly regulated by the Commissioners Court, operating under
the policy that these accounts are set up to satisfy a state-mandated purpose. Since the
state will provide funding based on the level of increase in county payments for these
purposes after the passage of Senate Bill 7, strict controls and accounting are
considered essential.
The detail level of the adopted budget will be as follows:
Salaries and Personnel Costs -Includes all Salary and benefit costs.
Operating and Training Costs - Includes all day to day costs of operations.
Information Technology Costs -Includes all Information Technology costs,
including acquisition, leasing, and software costs except those items which are
capitalized as over $5,000.
Capital Acquisitions -Includes all capital items with a cost over $5,000,
including Information Technology and software.
16. Amendments to the budget (increases in the total amount of the budget for a given
fund) will only occur in case of a bona fide emergency. An emergency is defined as a
circumstance that will adversely impact the health or safety of citizens of the county,
or severely impair the operation of the county, and that could not reasonably have
been foreseen during the preparation of the budget.
Amendments may be made under the provisions of Local Government Code
§111.0705 when the county receives the proceeds of bonds or other obligations. Upon
receipt of the proceeds, the Commissioners Court may make expenditures from the
proceeds in the manner provided in Chapter Ill, Subchapter C for expenditures for
general purposes.
§ 111.0706 when the county receives a public or private grant that will make money
available during the budget year, and that was not known during the budget process,
if the County Auditor certifies the availability of the funds for disbursement. Upon
certification, the Commissioners Court shall make a special budget for the
expenditure of the funds for the purposes of the grant.
§111.0707 when the county enters into an interlocal contract that will make money
available during the budget year, and that was not known during the budget process if
the County Auditor certifies the availability of the funds for disbursement. Upon
certification, the Commissioners Court shall make a special budget for the
expenditure of the funds for the purposes of the contract.
Page 4
§ 111.07075 for the purpose of spending revenues received after the start of the fiscal
year from a new source not anticipated before the adoption of the budget. The
Commissioners Court may adopt a special budget for the purpose of spending the
revenue for general purposes or its intended purpose.
17. The Budget Office shall verify all departmental requests for budget transfers by an
analysis of all previously approved budget transfers for the requesting department. All
transfers of funds from the Contingency account shall be accompanied by a detailed
report prepared by the Budget Office of all contingency transfers for the fiscal year
and showing the current Contingency Balance.
18. In order to minimize training costs while maximizing effectiveness, it shall be a
policy ofthe County to conduct as much training as possible within the State of
Texas. Out-of State travel shall not be used when acceptable alternatives exist within
the State. Similarly, travel for conferences will only be approved when the benefit to
the County can be clearly demonstrated. Out of State travel will be estimated and
separately itemized in the departments budget request. Adequate justification will be
provided to substantiate the need for out of state training.
19. Items budgeted for the purchase of specific items shall be budgeted for an adequate
amount to make the purchase. Excess amounts are not available for other uses, and
may be transferred. For example, automobiles that are anticipated to cost a certain
amount, and actually are purchased for less will result in unintended excess in the
departmental budget. The Budget Office may transfer this excess to the contingency
account. The Commissioners Court may, at its sole discretion, allow the money to be
used for another purpose in the department's budget upon proper application by the
department
Page 5
FORT BEND COUNTY
.33
RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OFFICE
. .i
DATE:
November 2, 2004
COURT AGENDA DATE: November 9, 2004
SUBMITTED BY: _M. Kindell---C!1.;J,"1I'->(,L.,-,'
DEPARTMENT: _ Community Development
PHONE NO.:
341-4410,
_
AGENDA
SUMMARY OF ITEM: Discuss and consider action to authorize the County Judge to sign the,
following CDBG Agreements. The projects were included in the FY 2004 Consolidated Action Plan and i
approved by Commissioners Court on June 29, 2004.
1.
2.
3.
4.
5.
Yes
0
No (X)
Fort Bend Community Revitalization Projects
City of Needville
City of Richmond
City of Fulshear
Supporting Documents:
Two original agreements for each entity
FINANCIAL SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
YesO
No(
) N/A(X)
Funding Source:
Fund 813
Agcy 101
813
101
813
101
813
101
813
101
COMMENTS:
OneTime
(X)
Recurring
()
Object 8130 - Fort Bend CORPS
8016 - Fort Bend Senior Citizens, Inc.
8129 - City of Needville
8136 - City of Richmond
8133 - City of Fulshear
CC with back up:
yes ( X) Auditor
yes ( X) Budget Officer
yes ( X) County Attorney
yes ( X) Purchasing Agent
,yes (X) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
RECOMMENDATION
yes
yes
yes
yes
yes
(X)
(X)
(X)
(X)
(X))
Comm.
Comm.
Comm.
Comm.
/ ACTION REQUESTED:
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
AGREEMENT BETWEEN FORT BEND COUNTY
AND
FORT BEND COMMUNITY REVITALIZATION PROJECTS
FOR
FORT BEND COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS Agreement made and entered into by and between Fort Bend County, a body
corporate and politic under the laws of the State of Texas (hereinafter referred to as the Grantee)
and Fort Bend Community Revitalization Projects, a public body corporate under the laws of the
State of Texas (hereinafter referred to as the Subrecipient).
WHEREAS, the Grantee has determined that housing rehabilitation assistance is needed
by low- to moderate-income persons and has stated this need in its Consolidated Plan; and,
WHEREAS, Grantee, has entered into a Grant Agreement with the United States of
America, No. B-04-UC-48-0004, acting by and through its Department of Housing and Urban
Development (hereinafter referred to as HUD), for federal funding of a Community Development
Block Grant Program (hereinafter referred to as CDBG) under the Housing and Community
Development Act of 1974, amended; and
WHEREAS, included in the approved grant application was the rehabilitation of singlefamily owner-occupied housing units; and,
WHEREAS, the Grantee desires to promote actIVItIes that expand the supply of
affordable housing and the development of partnerships among the Grantee, local governments,
local lenders, private industry and nonprofit organizations; and,
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee
utilizing such funds;
In
NOW, THEREFORE, it is agreed between the parties hereto that;
I.
SCOPE OF SERVICE
Activities
The Subrecipient will be responsible for administering a Program Year 2004 CDBG
funded home repair program to low- to moderate-income homeowners in a marmer
satisfactory to the Grantee and consistent with any standards required as a condition of
providing these funds. Such program will provide critically needed repairs to homes for
eligible Fort Bend County residents who need repairs to their homes so they can remain
in safe, sanitary, and decent housing.
Program Delivery
Subrecipient shall utilize its grant to provide home repairs at no charge to the
homeowner, including activities that positively impact life, health, and safety matters.
Such projects may include, but are not limited to, roof repair/replacement, plumbing and
sewer repairs/replacements, electrical repair and flooring repair/replacement.
Home
remodeling, room additions and aesthetic improvements are not included. Subrecipient
shall also utilize its grant to test for lead paint by certified and licensed professionals if
the home repair activity will disturb an interior painted surface in excess of two (2) square
feet or an exterior painted surface in excess of twenty (20) square feet. In addition, grant
funds shall be used to provide administrative expenses for staffing costs, including fringe
benefits.
General Administration
The Subrecipient or its Representatives shall be responsible for the administration of the
home repair program.
National Objectives
The Subrecipient certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the CDBG's program's National Objectives - I)
benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or
blight, 3) meet community development needs having a particular urgency - as defined
in 24 CFR Part 570.208.
Accomplishments
Subrecipient shall complete one or more of the following improvements on a minimum of
Thirty Two (32) separate owner-occupied housing units:
Activities
23 Roof repair/replacements
28 Interior repairs
3 Septic System Installations
16 Lead-based paint tests
Subrecipient shall spend no more than Five Thousand Dollars and No/lOO cents
($5,000.00) on each address for roofs and interior work and no more than Seven
Thousand Five Hundred Dollars and No/lOO cents ($7,500.00) on septic systems. If a
septic system is installed, no other work is allowed under this agreement.
Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this Agreement. If action to correct such
2
substandard performance is not taken by the Subrecipient within a reasonable period of
time after being notified by the Grantee, Agreement suspension or termination procedures
will be initiated.
The Subrecipient shall assist the Grantee in measuring program impact to determine the
extent to which the activities yield the desired outcomes in the community or in the lives
of persons assisted. The Subrecipient shan assist the Grantee in selecting indicators that
relate to the local goals established in the Consolidated Plan.
II.
TIME OF PERFORMANCE
Services of the Subrecipient shall begin January 1,2005 and end on December 31, 2005.
III.
BUDGET AND ALLOCATION OF COSTS
Program Administration
Salary and Fringe Benefits
Program Administrator
Administrative Assistant
Lead Based Paint Testing
Travel
Consurnables and Office Supplies
Telephone
Roof repair/replacements
Interior repair projects
Septic System installation
$6,800.00
$950.00
$979.00
$920.00
$57,500.00
$84,000.00
$22,500.00
TOTAL
IV.
$41,000.00
$31,351.00
$205,000.00
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this Agreement shall not exceed Two Hundred Five Thousand and No/tOO cents
($205,000.00). Drawdowns for the payment of eligible expenses shall be made on an as
needed-basis against the budget specified herein and in accordance with performance.
Subrecipient may submit a reimbursement request on a weekly basis for housing
rehabilitation and repair costs. Subrecipient shall submit a reimbursement request on or
before the fifteenth day of the month for the costs incurred during the preceding month
for administrative items. All invoices shall include any other documentation requested by
the County. All invoices shall be approved by the Fort Bend County Community
Development Department prior to payment.
3
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular A-II O.
V.
NOTICES
Communication and details concerning this Agreement shall be directed to the following
Agreement representatives:
Subrecipient
Grantee
Marilynn Kindell, Director
Fort Bend County
Community Development Department
4520 Reading Road, Suite A
Rosenberg, TX 77471
VI.
David Sabom, President
Fort Bend Community Revitalization
Projects (CORPS)
One Fluor Daniel Dr.
Sugar Land, TX 77478
SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to these regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
VII.
GENERAL CONDITIONS
A.
General Compliance
The Subrecipient agrees to comply with all applicable Federal, state and local laws and
regulations governing the funds provided under this Agreement.
B.
Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an independent contractor with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance as the Subrecipient is an independent
Subrecipient.
4
C.
Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of the
Subrecipient's performance or nonperformance of the services or subject matter called for
in this Agreement.
D.
Workers' Compensation
The Subrecipient shall provide Workers' Compensation
employees involved in the performance of this Agreement.
E.
Insurance coverage for all
Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contractor's assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee.
The SUbrecipient shall comply with the bonding and insurance requirements of OMB
Circular A- I 10, Bonding and Insurance.
F.
Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Agreement. All activities, facilities and items utilized pursuant to
this Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
G.
Amendments
The Subrecipient and the Grantee, through its Director of the Fort Bend County
Cornmunity Development Department may, by prior written agreement, mutually agree to
re-allocate the funds among the various line items of the budget or to new line items
created in the budget.
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of both organizations, and approved by the
Grantee's governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release Grantee or SUbrecipient from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
5
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of, the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H.
Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least thirty (30)
days before the effective date of such termination. Partial terminations of the Scope of
Service in Paragraph LA. above may only be undertaken with the prior approval of
Grantee. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other materials
prepared by Subrecipient under this Agreement shall, at the option of the Grantee,
become the property of the county, and Subrecipient shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents or
materials prior to the termination.
Grantee may also suspend or terminate this Agreement, in whole or in part, if
Subrecipient materially fails to comply with any term of this Agreement, or with any of
the rules, regulations or provisions referred to herein; and the Grantee may declare the
Subrecipient ineligible for any further participation in Grantee Agreements, in addition to
other remedies as provided by law. In the event there is probable cause to believe the
Subrecipient is in noncompliance with any applicable rules or regulations, the Grantee
may withhold up to fifteen percent (15%) of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to
be in compliance.
VIII.
ADMINISTRATIVE
A.
REQUIREMENTS
Financial Management
1.
Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-liD and agrees to
adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
2.
Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable; for all costs incurred
whether charged on a direct or indirect basis.
6
B.
Documentation and Record-Keeping
I.
Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and that are pertinent to the activities to be
funded under this Agreement. Such records shall include, but not be limited to:
a.
b.
c.
d.
e.
f.
g.
h.
I.
J.
2.
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
Records demonstrating compliance with citizen participation
requirements;
Records
demonstrating
compliance
regarding
acquisition,
displacement, relocation, and replacement housing;
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
Financial records as required by 24 CFR Part 570.502;
Agreements and other records related to lump sum disbursements
to private financial institutions financing rehabilitation
as
prescribed in 570.513; and
Records required to be maintained in with other applicable laws
and regulations set forth in subpart K of 24 CFR 570.
Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of four (4) years after the termination of all activities
funded under this Agreement, or after the resolution of all Federal audit findings,
whichever occurs later. Records for non-expendable property acquired with funds
under this Agreement shall be retained for four (4) years after he/she has received
final payment.
3.
Reports
The Subrecipient shall furnish reports to the Grantee which include, but may not
be limited to, the following:
A. Client Data Reports submitted monthly to Grantee.
B. Client Data Summary Reports submitted monthly to Grantee.
7
C. Employee Data Reports submitted monthly to Grantee.
D. Performance Report submitted at the end of Agreement period.
Monthly reports shall be submitted within fifteen (15) working days of the end of
the reporting periods. The performance report is due within thirty (30) working
days after the end of the Agreement period.
4.
Reversion of Assets
The Subrecipient shall transfer any CDBG funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG funds. Any real
property that was acquired or improved in whole or in part with CDBG funds in
excess of $25,000 must continue to meet the eligibility criteria and shall conform
with the "changes in use" restrictions specified in 24 CFR 570.503(b )(8).
5.
Propertv Records
The SUbrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold.
Properties retained shall
continue to meet eligibility criteria and shall conform with the "changes in use"
restrictions specified in 24 CFR 570.503(b )(8).
6.
National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more
of the CDBG program's national objectives - I) benefit low/moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
7.
Close-outs
Subrecipient obligation to the Grantee shall not end until all close-out
requirements are completed. Activities during this close-out period shall include,
but are not limited to; making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and receivable accounts to the Grantee), and
determining the custodianship of records.
8
8.
Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
Grantee or grantor agency deems necessary, to audit, examine, and make excerpts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within thirty (30) days after receipt by the
Subrecipient.
Failure of the Subrecipient to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of future payments. The Subrecipient hereby agrees to have an
annual agency audit conducted in accordance with current county policy
concerning Subrecipient audits.
C.
Reporting & Payment Procedures
1.
Budgets
The Subrecipient has submitted a budget to the Grantee. The Grantee and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2.
Program Income
The Subrecipient shall report monthly all program income as defined at 24 CFR
570.500(a) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504(c). By way of further
limitations, the Subrecipient may use such income during the Agreement period
for activities permitted under this Agreement and shall reduce requests for
additional funds by the amount of any such program income balances on hand.
All unused program income shall be returned to the Grantee at the end of the
Agreement period as specified in 24 CFR 570.503(b )(8). Any interest earned on
cash advances from the U.S. Treasury is not program income and shall be remitted
promptly to the Grantee.
3.
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
9
4.
Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and county policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this Agreement for costs incurred by the
Grantee on behalf of the Subrecipient.
D.
Procurement
1.
Compliance
The Subrecipient shall comply with current county policy concerning the purchase
of equipment and shall maintain inventory records of all non-expendable personal
property as defined by such policy as may be procured with funds provided herein.
Any real property under Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds must either be:
a.
b.
c.
d.
e.
f.
Used by the Subrecipient to meet one of the national objectives in
24 CFR 570.200(a)(2) and (3) until five (5) years after expiration
or termination of the Grantee's Agreement with HUD; or
Transferred to the Grantee; or
Disposed of in a manner that results in the amount of the then
current fair market value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for acquisition
thereof, or improvements to, the property being reimbursed to the
Grantee. Such reimbursement is not required if disposed of more
than five (5) years after the expiration or termination of this
Agreement.
Further, if within five (5) years of the termination or expiration of
this Agreement, the Subrecipient ceases to use any or all personal
property attributable to CDBG funds to meet a national objective,
the personal property shall either revert to the Grantee or be
disposed of in accordance with the applicable federal rules and
regulations, including, but not limited to OMB Circular A-II 0,
The Grantee, in its sole discretion, shall determine whether or not
the Subrecipient use of any property meets a national objective
contained in 24 CFR 570.200 (a)(2) and (3).
After the expiration of five (5) years, the Subrecipient shall have
no obligation to comply with this section regarding real or personal
property.
10
g.
2.
Nothing contained herein shall be construed to conflict with the
duties of the Subrecipient as set forth in the Texas Non-Profit
Corporation Act (Tex. Ann. Civ. St. Art. 1396-1.01, et seq.) or any
other applicable statute.
OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
OMB Circular A-IIO, Procurement Standards, and shall subsequently follow
Property Management Standards, covering utilization and disposal of property.
3.
Travel
The Subrecipient shall obtain written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Agreement.
4.
Relocation, Acquisition & Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds. The
SUbrecipient agrees to comply with applicable Grantee Ordinances, Resolutions,
and Policies concerning displacement of individuals from their residences.
IX.
PERSONNEL & PARTICIPANT CONDITIONS
A.
Civil Rights
I.
Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of
Title I of the Housing and Community Development Act of 1974, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063 as amended by
Executive Order 12259,
2.
Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance.
The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination,
Such employment
practices include, but are not limited to, the following:
hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination,
II
rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting agency setting forth the provisions of this nondiscrimination clause.
3.
Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under this
Agreement, the Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. The Subrecipient, in undertaking its obligation to
carry out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4.
Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program.
The Grantee shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
B.
Affirmative Action
1.
Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
Grantee's specifications, an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
The Grantee shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall
submit a plan for an Affirmative Action program for approval prior to the award
of funds.
2.
WIMBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "minority
12
and female business enterprise" means a business at least fifty-one percent (51 %)
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans,
and
American Indians. The Subrecipient may rely on written representations by
Subrecipients regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3.
Access to Records
The Subrecipient shall furnish and cause each of its sub-Subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4.
Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other Agreement or
understanding, a notice, to be provided by the agency Contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5.
EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6.
SubAgreement Provisions
The Subrecipient will include the provisions of Paragraphs VIII A, Civil Rights,
and B, Affirmative Action, in every SubAgreement or purchase order, specifically
or by reference, so that such provisions will be binding upon each subSubrecipient
or vendor.
C.
Employment Restrictions
I.
Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or
religious activities; lobbying, political patronage, and nepotism activities.
13
2.
OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participant's health
or safety.
3.
Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 D.S.C. 276, 327-333) and all other applicable federal, state and local laws
and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the Grantee for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all Contractors engaged under Agreements in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole or
in part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the Grantee pertaining to such Agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; provided, that if wage rates higher than those required
under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of
the higher wage. The SUbrecipient shall cause or require to be inserted in full, in
all such Agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such Agreements subject to such regulations,
provisions meeting the requirements of this paragraph, for such Agreements in
excess of $10,000.00.
The Subrecipient shall also comply with 24 CFR Part 70 which sets out the
circumstances under which individuals who volunteer their services may be used.
14
5.
"Section 3" Clause
a.
Compliance
Compliance with the provisions of Section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders issued hereunder prior to
the execution of this Agreement, shall be a condition of the federal
financial assistance provided under this Agreement and binding upon the
Grantee, the Subrecipient and any subSubrecipients.
Failure to fulfill
these requirements shall subject the Grantee, the Subrecipient and any
subSubrecipients, their successors and assigns, to those sanctions specified
by the agreement through which federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all SubAgreements
executed under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701. Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given
to lower income residents of the project area and Agreements for
work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by
persons residing in the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b.
Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other Agreement or understanding, if any, a notice advising
said labor organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment
or training.
15
c.
SubAgreements
The Subrecipient will include this Section 3 clause in every SubAgreement
and will take appropriate action pursuant to the SubAgreement upon a
finding that the subSubrecipient is in violation of regulations issued by the
Grantor Agency. The Subrecipient will not SubAgreement with any
subSubrecipient where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any
SubAgreement unless the subSubrecipient has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
D.
Conduct
1.
Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the Grantee thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the Grantee
under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the Grantee.
2.
Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
3.
Conflict oflnterest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no persons who
exercise or have exercised any functions or responsibilities with respect to CDBG
activities or who are in a position to participate in a decision-making process or
gain inside information with regard to such activities, may obtain a financial
interest or benefit from a CDBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for
one year thereafter. The Subrecipient further covenants that, in the performance
of this Agreement, no person having such a financial interest shall be employed or
retained by the Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Grantee, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
16
4.
Eligibility Restrictions for Certain Resident Aliens
respect to the eligibility restrictions for certain resident aliens. Certain newly
legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for
benefits under covered activities funded by the programs listed in this part of the
regulation.
necessary for compliance with that portion of the regulation.
5.
Architectural Barriers Act and the Americans with Disabilities Act
compliance with the Architectural Barriers Act of 1968 (42 D.S.C. 4151-4157)
which requires certain Federal and Federally funded buildings and other facilities
to be designed, constructed, or altered in accordance with the standards that insure
accessibility to, and use by, physically handicapped people. The Subrecipient also
agrees to comply with any federal regulations issued pursuant to compliance with
the Americans with Disabilities Act (42 D.S.C. 12131 D.S.C. 155,201,218 and
225) which provides comprehensive civil rights to individuals with disabilities in
the areas of employment, public accommodations, State and local government
services, and telecommunications.
The Grantee shall provide the Subrecipient
with any guidelines necessary for compliance with that portion of the regulation in
force during the term of this Agreement.
6.
SubAgreements
a.
Approvals
The SUbrecipient shall not enter into any SubAgreements with any agency
or individual in the performance of this Agreement without the written
consent of the Grantee prior to the execution of such agreement.
b.
Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis
to assure Agreement compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c.
Content
The Subrecipient shall cause all of the provisions of this Agreement in its
entirety to be included in and made a part of any SubAgreement executed
in the performance of this Agreement.
17
d.
Selection Process
The Subrecipient shall undertake to insure that all SubAgreements let in
the performance of this Agreement shall be awarded on a fair and open
competition basis.
Executed copies of all SubAgreements shall be
forwarded to the Grantee along with documentation concerning the
selection process.
7.
Copyright
If this Agreement results in any copyrightable material, the Grantee and/or grantor
agency reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work for
government purposes.
8.
Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
x.
ENVIRONMENTAL
A.
CONDITIONS
Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this Agreement:
Clean Air Act, 42 D.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 D.S.C.
amended 1318 relating to inspection, monitoring, entry, reports,
as well as other requirements specified in said Section 114 and
all regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to
as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B.
1251, et seq., as
and information,
Section 308, and
40 CFR, Part 50,
Flood Disaster Protection
The SUbrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of this Agreement, as it may apply to the provisions
of this Agreement.
18
C.
Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub-Part B
thereof. Such regulations pertain to all HUD-assisted housing and require that all owners,
prospective owners, and tenants or properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such notification shall point
out the hazards of lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning.
D.
Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
In general, this requires concurrence from the Texas Historical Commission for all
rehabilitation and demolition of historic properties that are fifty (50) years old or older or
that are included on a Federal, State, or local historic property list.
XI.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
19
IN WITNESS WHEREOF, this instrument in duplicate originals, has been executed by
the parties hereto as follows:
{\€A.l e.mXu.r ,
a.
It has on the '\~
day of
2004, been executed by the
County Judge of Fort Bend County, on behalf of the County pursuant to an Order
of the Commissioners Court of the County so authorizing.
b.
It has on the ;1q day of
Manager and attested to by the Secretary on behalf of the organization pursuant to
a resolution of the governing body so authorizing .
Ockbo"lL.
,
. ATTEST:
B
R""O--B=ER=-:T=E--'.
H~Ec:T:==-==-------County Judge
Dianne Wilson
County Clerk
FORT BEND COMMUNITY
REVIT ALIZA nON PROJECTS
ATTEST:
~I-_-------
APPROVED AS TO FORM:
~~~~.~
=~
';BUD" CHILDERS
County Attorney
iJ.lL;~
I hereby certify that funds are available in the amount of
,lili""'"" of Fort B~d
Coo",y eod" eod
wi"".
<be
•
ED STURDIVANT
County Auditor
20
$205,000.00
to pay the
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
q~
(\i?\)t~W
,
On this the
day of
2004, at a regular meeting of
Commissioners Court ~t.ting as the governing body of Fort Bend County, :l'as, upon motion of
Commissioner
\\\;e.l~
, seconded by Commissioner
;tA.\)\ Ae\...4
,
duly put and carried,
IT IS ORDERED that Fort Bend County enter into an interlocal agreement with the Fort
Bend Community Revitalization Projects, for the funding of a minor home repair program for
eligible Fort Bend County residents using Development Block Grant funds, said Agreement
being incorporated herein by reference for all purposes as though fully set forth herein word for
word.
Mk-dw/fy
2004 agreements/Fbeol"J's
2004 ontract
21
Certification for Contracts, Grants, Loans
and Cooperative Agreements
RECOROEDON~
IN THE COMMISSIO~~~T
MINUTES OF.
.
The undersigned certifies, to the best of his or her knowledge and belief that:
(I)
No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3)
The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $I 0,000 and not
more than $I 00,000 for each such failure.
Executed this
j.,CJ,
(Typed or printed name)
President
(Title, if any)
Covered Action:
COMMUNITY DEVELOPMENT BLOCK GRANT
(Type and identity of program, project or activity)
22
AGREEMENT BETWEEN FORT BEND COUNTY
AND
THIS Agreement made and entered into by and between Fort Bend County, a body
corporate and politic under the laws of the State of Texas (hereinafter referred to as the Grantee)
and the Fort Bend Senior Citizens, Inc., a public body corporate under the laws of the State of
Texas (hereinafter referred to as the Subrecipient).
WHEREAS, the Grantee has determined that services for senior citizens are needed in
Fort Bend County and has stated this need in the Consolidated Plan; and,
WHEREAS, Grantee has entered into a Grant Agreement with the United States of
America, No. B-04-UC-48-0004, acting by and through its Department of Housing and Urban
Development (hereinafter referred to as HUD) for federal funding of a Community Development
Block Grant Program (hereinafter referred to as CDBG) under the Housing and Cornmunity
Development Act of 1974, amended; and
WHEREAS, included in the approved grant application was a home delivered meals
program for elderly persons; and,
WHEREAS, the Grantee desires to promote activities that increase the partnerships
among the Grantee, local governments, local lenders, private industry and nonprofit
organizations; and,
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee
utilizing such funds.
III
NOW, THEREFORE, it is agreed between the parties hereto that;
I.
SCOPE OF SERVICE
A.
Activities
The Subrecipient will be responsible for administering a CDBG Program Year 2004
funded home-delivered meals program in a manner satisfactory to the Grantee and
consistent with any standards required as a condition of providing these funds. Such
program will include providing drivers who will deliver a hot meal to elderly residents
who desire to remain in their homes and maintain their independence.
Program Delivery
Subrecipient shall utilize its grant to provide meals and other operating costs for the
home-delivered meals program in Fort Bend County. Subrecipient agrees to provide a
minimum of 433 meals per month to frail, low-income homebound elderly.
General Administration
The Subrecipient or its Representatives shall be responsible for the administration of the
home delivered meals program in a manner satisfactory to the Grantee and consistent
with any standards required as a condition of providing these funds.
B.
National Objectives
The Subrecipient certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the CDBG program's National Objectives - 1)
benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or
blight, 3) meet community development needs having a particular urgency as defined in
24 CFR Part 570.208.
C.
D.
Levels of Accomplishment
Activity
Monthly Units
Annual Units
Clients
Meals Delivered
20 (unduplicated)
433
240 (duplicated)
5200
Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this Agreement. If action to correct such
substandard performance is not taken by the Subrecipient within a reasonable period of
time after being notified by the Grantee, Agreement suspension or termination procedures
will be initiated.
The subrecipient shall assist the Grantee in measuring program impact to determine the
extent to which the activities yield the desired outcomes in the community or in the lives
or persons assisted. The Subrecipient shall assist the Grantee in selecting indicators that
relate to the local goals established in the Consolidated Plan.
II.
TIME OF PERFORMANCE
Services of the Subrecipient shall begin January 1,2005 and end on December 31, 2005.
2
III.
IV.
BUDGET AND ALLOCA nON OF COSTS
Personnel (Salaries and Benefits)
Supportive Staff
In Home Coordinator
Drivers
Delivery of Meals
Fuel
Vehicle Maintenance and Repairs
Taxes and Vehicle License
Other
Copier Service
Telephone and Radio Communications
Insurance
Audit Fees
$10,032.00
TOTAL
$29,484.00
$14,976.00
$ 278.00
$ 288.00
$1,642.00
$ 460.00
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this Agreement shall not exceed Twenty Nine Thousand Four Hundred Eighty Four
and No/IOO dollars ($29,484.00). Drawdowns for the payment of eligible expenses shall
be made on a monthly basis against the budget specified herein and in accordance with
performance. Subrecipient shall submit a reimbursement request on or before the last day
of the month for the costs incurred during the preceding month. Such invoices shall
include any other documentation requested by the County. The Fort Bend County
Community Development Department shall approve all invoices prior to payment.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular A-II O.
V.
NOTICES
Communication and details concerning this Agreement shall be directed to the following
Agreement representatives:
Grantee
Subrecipient
Manuela H. Arroyos, Executive Director
P.O. Box 1488
Marilynn Kindell, Director
Fort Bend County Community
Development Department
4520 Reading Road, Suite A
3
VI.
SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to these regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
VII.
GENERAL CONDITIONS
A.
General Compliance
The Subrecipient agrees to comply with all applicable Federal, state and local laws and
regulations governing the funds provided under this Agreement.
B.
Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an independent contractor with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the SUbrecipient is an independent
Subrecipient.
C.
Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of the
Subrecipient's performance or nonperformance of the services or subject matter called for
in this Agreement.
D.
Workers' Compensation
The Subrecipient shall provide Workers' Compensation
employees involved in the performance of this Agreement.
E.
Insurance coverage for all
Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contractor's assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee.
4
The Subrecipient shall comply with the bonding and insurance requirements of OMB
Circular A-Il 0, Bonding and Insurance.
F.
Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Agreement. All activities, facilities and items utilized pursuant to
this Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
G.
Amendments
The Subrecipient and the Grantee, through its Director of the Fort Bend County
Community Development Department may, by prior written agreement, mutually agree to
re-allocate the funds among the various line items of the budget or to new line items
created in the budget.
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of both organizations, and approved by the
Grantee's governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release Grantee or Subrecipient from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of, the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H.
Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least thirty (30)
days before the effective date of such termination. Partial terminations of the Scope of
Service in Paragraph LA. above may only be undertaken with the prior approval of
Grantee. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other materials
prepared by Subrecipient under this Agreement shall, at the option of the Grantee,
become the property of the county, and Subrecipient shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents or
materials prior to the termination.
5
Grantee may also suspend or terminate this Agreement, in whole or in part, if
Subrecipient materially fails to comply with any term of this Agreement, or with any of
the rules, regulations or provisions referred to herein; and the Grantee may declare the
Subrecipient ineligible for any further participation in Grantee Agreements, in addition to
other remedies as provided by law. In the event there is probable cause to believe the
Subrecipient is in noncompliance with any applicable rules or regulations, the Grantee
may withhold up to fifteen percent (15%) of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to
be in compliance.
VIII.
ADMINISTRATIVE
A.
REOUIREMENTS
Financial Management
I.
Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-ll 0 and agrees to
adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
2.
Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable; for all costs incurred
whether charged on a direct or indirect basis.
B.
Documentation and Record-Keeping
1.
Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and that are pertinent to the activities to be
funded under this Agreement. Such records shall include, but not be limited to:
a.
b.
c.
d.
e.
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
Records demonstrating compliance with citizen participation
requirements;
6
f.
g.
h.
I.
J.
2.
Records
demonstrating
compliance
regarding
acquisition,
displacement, relocation, and replacement housing;
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
Financial records as required by 24 CFR Part 570.502;
Agreements and other records related to lump sum disbursements
to private financial institutions financing rehabilitation as
prescribed in 570.513; and
Records required to be maintained in with other applicable laws
and regulations set forth in subpart K of 24 CFR 570.
Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of four (4) years after the termination of all activities
funded under this Agreement, or after the resolution of all Federal audit findings,
whichever occurs later. Records for non-expendable property acquired with funds
under this Agreement shall be retained for four (4) years after he/she has received
final payment.
3.
Reports
The Subrecipient shall furnish reports to the Grantee, which include, but may not
be limited to the following:
A. Client Data Reports submitted monthly to Grantee.
B. Client Data Summary Reports submitted monthly to Grantee.
C. Employee Data Reports submitted monthly to Grantee.
D. Performance Report submitted at the end of Agreement period.
Monthly reports shall be submitted within fifteen (15) working days of the end of
the reporting periods. The performance report is due within thirty (30) working
days after the end of the Agreement period.
4.
Reversion of Assets
The Subrecipient shall transfer any CDBG funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG funds. Any real
property that was acquired or improved in whole or in part with CDBG funds in
excess of $25,000 must continue to meet the eligibility criteria and shall conform
with the "changes in use" restrictions specified in 24 CFR 570.503(b )(8).
7
5.
Property Records
The Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold.
Properties retained shall
continue to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 CFR 570.503(b )(8).
6.
National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more
of the CDBG program's national objectives - 1) benefit low/moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
7.
Close-outs
SUbrecipient obligation to the Grantee shall not end until all closeout requirements
are completed. Activities during this close-out period shall include, but are not
limited to; making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program
income balances, and receivable accounts to the Grantee), and determining the
custodianship of records.
8.
Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, grantor agency, their designees or the
Federal Govemment, at any time during normal business hours, as often as the
Grantee or grantor agency deems necessary, to audit, examine, and make excerpts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within thirty (30) days after receipt by the
Subrecipient.
Failure of the Subrecipient to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of future payments. The Subrecipient hereby agrees to have an
annual agency audit conducted in accordance with current county policy
concerning Subrecipient audits.
8
C.
Reporting & Payment Procedures
1.
Budgets
The Subrecipient has submitted a budget to the Grantee. The Grantee and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2.
Program Income
The Subrecipient shall report monthly all program income as defined at 24 CFR
570.500(a) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504( c). By way of further
limitations, the Subrecipient may use such income during the Agreement period
for activities permitted under this Agreement and shall reduce requests for
additional funds by the amount of any such program income balances on hand.
All unused program income shall be returned to the Grantee at the end of the
Agreement period as specified in 24 CFR 570.503(b )(8). Any interest earned on
cash advances from the u.s. Treasury is not program income and shall be remitted
promptly to the Grantee.
3.
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
4.
Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and county policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in SUbrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this Agreement for costs incurred by the
Grantee on behalf of the Subrecipient.
9
D.
Procurement
1.
Compliance
The Subrecipient shall comply with current county policy concerning the purchase
of equipment and shall maintain inventory records of all non-expendable personal
property as defined by such policy as may be procured with funds provided herein.
Any real property under Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds must either be:
a.
b.
c.
d.
e.
f.
g.
2.
Used by the Subrecipient to meet one of the national objectives in
24 CFR 570.200(a)(2) and (3) until five (5) years after expiration
or termination of the Grantee's Agreement with HUD; or
Transferred to the Grantee; or
Disposed of in a manner, which results in the amount of the then
current fair market value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for acquisition
thereof, or improvements to, the property being reimbursed to the
Grantee. Such reimbursement is not required if disposed of more
than five (5) years after the expiration or termination of this
Agreement.
Further, if within five (5) years of the termination or expiration of
this Agreement, the Subrecipient ceases to use any or all personal
property attributable to CDBG funds to meet a national objective,
the personal property shall either revert to the Grantee or be
disposed of in accordance with the applicable federal rules and
regulations, including, but not limited to OMB Circular A-II 0
The Grantee, in its sole discretion, shall determine whether or not
the Subrecipient use of any property meets a national objective
contained in 24 CFR 570.200 (a)(2) and (3).
After the expiration of five (5) years, the Subrecipient shall have
no obligation to comply with this section regarding real or personal
property.
Nothing contained herein shall be construed to conflict with the
duties of the Subrecipient as set forth in the Texas Non-Profit
Corporation Act (Tex. Ann. Civ. St. Art. 1396-1.01, et seq.) or any
other applicable statute.
OMB Standards
The SUbrecipient shall procure materials in accordance with the requirements of
of OMB Circular A-II 0, Procurement Standards, and shall subsequently follow
Property Management Standards, covering utilization and disposal of property.
10
3.
Travel
The Subrecipient shall obtain written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Agreement.
4.
Relocation, Acquisition & Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds. The
Subrecipient agrees to comply with applicable Grantee Ordinances, Resolutions,
and Policies concerning displacement of individuals from their residences.
IX.
PERSONNEL & PARTICIPANT CONDITIONS
A.
Civil Rights
I.
Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of
Title I of the Housing and Community Development Act of 1974, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063 as amended by
Executive Order 12259.
2.
Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance.
The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination.
Such employment
practices include, but are not limited to, the following:
hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting agency setting forth the provisions of this nondiscrimination clause.
3.
Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part 1. In regard to the sale, lease, or other
11
transfer of land acquired, cleared or improved with assistance provided under this
Agreement, the Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. The Subrecipient, in undertaking its obligation to
carry out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4.
Section 504
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706),
which prohibits discrimination against the handicapped in any federally assisted
program.
necessary for compliance with that portion of the regulations in force during the
B.
Affirmative Action
I.
Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
Grantee's specifications, an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
The Grantee shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall
submit a plan for an Affirmative Action program for approval prior to the award
of funds.
2.
WIMBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "minority
and female business enterprise" means a business at least fifty-one percent (51 %)
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans,
and
American Indians. The Subrecipient may rely on written representations by
Subrecipients regarding their status as minority and female business enterprises in
lieu of an independent investigation.
12
3.
Access to Records
The Subrecipient shall furnish and cause each of its sub-Subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4.
Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other Agreement or
understanding, a notice, to be provided by the agency Contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5.
EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6.
SubAgreement Provisions
The Subrecipient will include the provisions of Paragraphs VIII A, Civil Rights,
and B, Affirmative Action, in every SubAgreement or purchase order, specifically
or by reference, so that such provisions will be binding upon each subSubrecipient
or vendor.
C.
Employment Restrictions
I.
Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or
religious activities; lobbying, political patronage, and nepotism activities.
2.
OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participant's health
or safety.
13
3.
Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 D.S.C. 276, 327-333) and all other applicable federal, state and local laws
and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Subrecipient shall maintain documentation,
which demonstrates compliance with hour, and wage requirements of this part.
Such documentation shall be made available to the Grantee for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all Contractors engaged under Agreements in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole or
in part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the Grantee pertaining to such Agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, I, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; provided, that if wage rates higher than those required
under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of
the higher wage. The Subrecipient shall cause or require to be inserted in full, in
all such Agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such Agreements subject to such regulations,
provisions meeting the requirements of this paragraph, for such Agreements in
excess of $10,000.00.
The Subrecipient shall also comply with 24 CFR Part 70, which sets out the
circumstances under which individuals who volunteer their services, may be used.
5.
"Section 3" Clause
a.
Compliance
Compliance with the provisions of Section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders issued hereunder prior to
the execution of this Agreement, shall be a condition of the federal
financial assistance provided under this Agreement and binding upon the
Grantee, the Subrecipient and any subSubrecipients.
Failure to fulfill
these requirements shall subject the Grantee, the Subrecipient and any
subSubrecipients, their successors and assigns, to those sanctions specified
SUbrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
14
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all SubAgreements
executed under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended, 12 U .S.C. 1701. Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given
to lower income residents of the project area and Agreements for
work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by
persons residing in the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b.
Notifications
The SUbrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other Agreement or understanding, if any, a notice advising
said labor organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment
or training.
c.
SubAgreements
The SUbrecipient will include this Section 3 clause in every SubAgreement
and will take appropriate action pursuant to the SubAgreement upon a
finding that the subSubrecipient is in violation of regulations issued by the
Grantor Agency. The SUbrecipient will not SubAgreement with any
subSubrecipient where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any
SubAgreement unless the subSubrecipient has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
15
O.
Conduct
1.
Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the Grantee thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the Grantee
under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the Grantee.
2.
Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
3.
Conflict ofInterest
respect to conflicts of interest, and covenants that it presently has no persons who
exercise or have exercised any functions or responsibilities with respect to COBG
activities or who are in a position to participate in a decision-making process or
gain inside information with regard to such activities, may obtain a financial
interest or benefit from a COBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for
one year thereafter. The Subrecipient further covenants that, in the performance
of this Agreement, no person having such a financial interest shall be employed or
retained by the Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Grantee, or of any designated public agencies or
subrecipients, which are receiving funds under the COBG Entitlement program.
4.
Eligibility Restrictions for Certain Resident Aliens
respect to the eligibility restrictions for certain resident aliens. Certain newly
legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for
benefits under covered activities funded by the programs listed in this part of the
regulation.
necessary for compliance with that portion of the regulation.
16
5.
Architectural Barriers Act and the Americans with Disabilities Act
compliance with the Architectural Barriers Act of 1968 (42 D.S.C. 4151-4157)
which requires certain Federal and Federally funded buildings and other facilities
to be designed, constructed, or altered in accordance with the standards that insure
accessibility to, and use by, physically handicapped people. The Subrecipient also
agrees to comply with any federal regulations issued pursuant to compliance with
the Americans with Disabilities Act (42 D.S.C. 12131 D.S.C. 155,201,218 and
225) which provides comprehensive civil rights to individuals with disabilities in
the areas of employment, public accommodations, State and local government
services, and telecommunications.
The Grantee shall provide the Subrecipient
with any guidelines necessary for compliance with that portion of the regulation in
force during the term of this Agreement.
6.
SubAgreements
a.
Approvals
The Subrecipient shall not enter into any SubAgreements with any agency
or individual in the performance of this Agreement without the written
consent of the Grantee prior to the execution of such agreement.
b.
Monitoring
The SUbrecipient will monitor all subcontracted services on a regular basis
to assure Agreement compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c.
Content
The SUbrecipient shall cause all of the provisions of this Agreement in its
entirety to be included in and made a part of any SubAgreement executed
in the performance of this Agreement.
d.
Selection Process
The SUbrecipient shall undertake to insure that all SubAgreements let in
the performance of this Agreement shall be awarded on a fair and open
competition basis.
Executed copies of all SubAgreements shall be
forwarded to the Grantee along with documentation concerning the
selection process.
17
7.
CopYright
If this Agreement results in any copyrightable material, the Grantee and/or grantor
agency reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work for
government purposes.
8.
Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
x.
ENVIRONMENTAL
A.
CONDITIONS
Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this Agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C.
amended 1318 relating to inspection, monitoring, entry, reports,
as well as other requirements specified in said Section 114 and
all regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to
as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B.
1251, et seq., as
and information,
Section 308, and
40 CFR, Part 50,
Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of this Agreement, as it may apply to the provisions
of this Agreement.
C.
Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub-Part B
thereof. Such regulations pertain to all HUD-assisted housing and require that all owners,
prospective owners, and tenants or properties constructed prior to 1978 be properly
18
notified that such properties may include lead-based paint. Such notification shall point
out the hazards of lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning.
D.
Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 D.S.C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
In general, this requires concurrence from the Texas Historical Commission for all
rehabilitation and demolition of historic properties that are fifty (50) years old or older or
that are included on a Federal, State, or local historic property list.
XI.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
19
C\~
\\cNert\~,
a.
It has on the
day of
County Judge of Fort Bend County, on behalf of the County pursuant to an Order
of the Commissioners Court of the County so authorizing.
b.
It has on the ~y
of
€.
Chairman and attested to by the Secretary on behalf of the organization pursuant
to a resolution of the governing body so authorizin
CJ (' ,bb r~,
ATTEST: .
B~~~~~~
ROBERT E. HEBERT
County Judge
_
Dianne Wilson
County Clerk
ATTEST:
APP~O~:
.~
i'li~
:S
TO FOg;
oS
..
:>
1E9.~
UD" CHILDERS
County Attorney
w'ZllQ
obli","" ,fFort """d C,~<y~d~ md wi<hi' ""
$29,484.00
ROBERT E. STURDIVANT
County Auditor
20
to pay the
ORDER AUTHORIZING AGREEMENT BETWEEN
FORT BEND COUNTY AND
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
f\?\l~
,
On this the ~~
day of
Commissioners Court sitting ~the governing body of Fort Bend County, Texas, upon motion of
Commi<n~r
\
seconded
by
Commissioner
~\)
!'Q'N\
,dcly put and carried,
\~:ers
'
IT IS ORDERED that Fort Bend County enter into an interlocal agreement with Fort
Bend Senior Citizens, Inc. for the funding to provide home-delivered meals to eligible Fort Bend
County residents using Community Development Block Grant funds, said Agreement being
incorporated herein by reference for all purposes as though fully set forth herein word for word.
Mk-dwlFY 2004 Agreements/Senior Citizens 2004Contract
21
\\-lQ-01
And Cooperative Agreements
RECORDED ON
IN THE COMMISSI~NE~
C%rT
MINUTES OF.
\- ~
.
(I)
(2)
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
(3)
making for entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Executed this
:rJ~ate
of
0 Q:\-o be 'c
, 2004.
----~h",--Q.~
~
[~~o~
_
~i:~n:e)
(Title, if any)
Covered Action: _----.:"--"=="-'-'C!..!--!.-.!~c.!...!~~==_.!....!~~~~~=!._
(Type and identity of program, project or activity)
22
_
AGREEMENT
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
§
This Agreement is by and between the City of Needville, a body corporate and politic
under the laws of the State of Texas (hereinafter referred to as City) and Fort Bend County, a
body corporate and politic under the laws of the State of Texas (hereinafter referred to as
County).
WITNESSETH:
WHEREAS, the County has submitted a Community Development Block Grant to the U.
S. Government, application number B-04-UC-48-0004, which has been approved by the U. S.
Government through the U. S. Department of Housing and Urban Development:
WHEREAS, the City did agree to cooperate to be included in the grant application; and,
WHEREAS, included in the approved grant application for the installation of water
distribution system improvements - Phase IV, North, Charity and Richmond Streets for a total
cost of $220,000.00, hereinafter referred to as the "Project"; and,
WHEREAS, the County is the grantee named in the grant charged with compliance of the
federal laws, rules, and regulations relating to the expenditure of fimds received from the U. S.
Government pursuant to the approved Community Development Block Grant application; and,
WHEREAS, the City is not familiar with such federal laws, rules, and regulations relating
to the expenditure of U. S. Government funds under the Community Development Block Grant
application; and,
WHEREAS, the County desires to assure compliance with such laws, rules, and
regulations relating to the expenditure of funds under the Community Development Block Grant
application; and,
WHEREAS, the County and City mutually agree as to the need to expedite this project as
quickly as possible;
NOW, THEREFORE, the County and City do mutually agree as follows:
I.
SCOPE OF AGREEMENT
The County and City agree to construct the Project in accordance with the guidelines,
rules, and regulations required by the U. S. Department of Housing and Urban Development
(hereinafter referred to as HUD).
II.
DUTIES OF THE COUNTY AND CITY
The City shall be responsible for procuring the engineering consultant to design the
project. The County shall reimburse the City for engineering fees paid to the consultant as stated
in a pre-award letter.
The City shall be responsible for the administration of the construction contracts, with the
County approving the award of the bid. The City shall, at its own expense, furnish the necessary
inspection personnel to assure itself of compliance with the Agreement.
The County shall
periodically inspect the Project during construction. The County shall fund the Project as set
forth in this Agreement.
Within thirty (30) days after the date this Agreement is executed by both parties, the City
will submit two (2) sets of the preliminary plans and specifications for the Project to the County
for the County's review and comments. The County shall review the preliminary plans and
specifications and return one (1) set to the City with comments within ten (10) days. Comments
will be forwarded to the City for incorporation into the final plans and specifications. Final plans
and specifications shall be submitted to the County to ensure compliance with HUD/County
technical requirements. Four (4) sets of the final plans and specifications shall be returned to the
County within ten (10) days.
Within forty-five (45) days after approval by the County of final plans and specifications,
the City will advertise for and receive bids for the construction of the Project in accordance with
the approved plans and specifications in the manner similar to that of other City projects.
Upon receipt and tabulation of the bids for the Project, City will determine the lowest and
best bid for the construction of the Project. In the event the lowest and best bid for the
construction of the Project is an amount that would result in the cost of the Project being equal to
or less than the sum of $190,500.00, City will notifY County of the amount of the lowest and best
bid for the Project. Upon such notification to the County, the County will transmit to the City
written notice to proceed.
In the event the lowest and best bid for the construction of the Project is an amount in
excess of the sum of $190,500.00, then the City will pay the additional cost of the Project. Upon
2
written notification of the lowest and best bid, the County will notify the City to proceed to let
the contract and continue with the construction of the Project.
The City and the County, through its Community Development Department Director, may
by prior written agreement mutually agree to re-allocate the funds among the various line items
of the budget or to new line items created in the budget.
III.
PROJECT COSTS
For and in consideration of the Project as herein set forth, the County agrees to fund
project costs not to exceed the total sum of Two Hundred Twenty Thousand and NollOO Dollars
($220,000.00) as set forth in the Budget for CDBG Funds, which shall be in full and total
compensation for payment of all expenses allowed under this Agreement and the Grant
Agreement with HUD.
CDBGBudget
Construction
Design
$190,500.00
$ 29,500.00
Total CDBG Funds
$220,000.00
The County shall not be liable for the payment of expenses or costs which are not
allowable under the terms of this Agreement and the Grant Agreement with HUD.
IV.
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County under
this Agreement shall not exceed Two Hundred Twenty Thousand and NollOO Dollars
($220,000.00). City shall submit an invoice upon delivery of the Project. Such invoice shall
include any other documentation requested by the County. All invoices shall be approved by the
Fort Bend County Community Development Department prior to payment.
3
V.
SOURCE OF FUNDING
The County has no County funds for the costs of goods and services to be rendered under
this Agreement. It is expressly agreed and understood that this Agreement is predicated upon
and conditioned on the County receiving funds for the purpose of paying the entire obligation of
the County under this Agreement from funds to be received from the U. S. Department of
Housing and Urban Development, by virtue of Grant No. B-04-UC-48-0004, entitled Community
Development Block Grant. Accordingly, notwithstanding anything herein to the contrary, the
maximum liability of the County under the terms and provisions of this Agreement shall not
exceed the $220,000.00 actually received by the County from HUD pursuant to the Block Grant.
The City admits knowledge of the fact that the County's obligation hereunder for payment
of compensation and costs, if any, is limited to Federal funds received pursuant to the Grant
Agreement in connection with the Community Development Block Grant Program of the U. S.
Department of Housing and Urban Development, and that unless and until adequate funds have
been received by the County under the Grant Agreement to pay the City'S compensation and
expense reimbursement, the County shall have no obligation to the City.
VI.
AGREEMENT DOCUMENTS
This Agreement includes the following exhibits and such exhibits are attached hereto and
made a part hereof for all purposes:
Exhibit A - CDBG Program Requirements
Exhibit B - Certification for Contracts, Grants,
Loans and Cooperative Agreements
Exihibit C - Pre-Award Letter dated October 1,2004
This Agreement and the attached exhibits represent the entire Agreement between the
County and the City, and there are no other effective agreements, representations or warranties
between the County and the City that are not contained in the Agreement Documents.
4
VII.
NOTICE
Unless otherwise provided in this Agreement, any notice provided for or permitted to be
given must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified, addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall, until changed as hereinafter
provided, be as follows:
If to the County, then to:
Honorable County Judge and Commissioners Court
Fort Bend County
If to the City, then to:
Honorable Mayor and City Council
City of Needville
P. O. Box 527
Needville, Texas 77461
Each party shall have the right, from time to time at any time, to change its respective
address and each shall have the right to specify as its new address, provided that at least fifteen
(15) days written notice is given of such new address to the other party.
VIII.
RIGHTS OF TERMINATION
The City or the County, by and through its Director of the Fort Bend County Community
Development Department, may terminate this Agreement without cause at any time by giving
thirty (30) days written notice to the other party.
5
UGNU'fIl'9...if'
,
a.
It has on the ~
day of
2004, been executed by
the County Judge of Fort Bend County, on behalf of the County pursuant to an
Order of the Commissioners Court of the County so authorizing.
b.
It has on the
day of ~
, 2004, been executed by
the Mayor and attested to by the City Secretary on behalf of the City pursuant to
an Order so authorizing.
B
B~~~~~
ROBERT E. HEBERT
County Judge
_
Dianne Wilson
County Clerk
CITY OF NEEDVILLE
tiL/,.t ~LJP/
By
MAYOR
c.~-/=:L.Lt")
a~
BEN W. "BUD" CHILDERS
County Attorney
6
"'l;;;~
obli,."on of Fort Bond Conn" nndcr md wi<h'n<h'
$220,000.00 to pay the
County Auditor
7
FORT BEND COUNTY AND THE CITY OF NEEDVILLE
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
§
C\~ day
On this the
Commissioners Court S~g
Commissioner
of
f\O\JeJ'i\~,
as the governing body of Fort Bend County, Texas, upon motion of
seconded by Commissioner
~o\A'f'r
,
SiM \
~..e>'S,
IT IS ORDERED that the Fort Bend County Judge execute the Agreement between Fort
Bend County and City of Needville for federal funding of a Community Development Block
Grant (CDBG) Program, said Agreement being incorporated herein by reference for all purposes
as though fully set forth herein word for word.
Needville 2003 contract
8
EXHIBIT A
COMMUNITY
DEVELOPMENT
BLOCK GRANT PROGRAM
REQUIREMENTS
I.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and Title 24 Code of Federal Regulations Part I. In accordance with the Act, no person in the
United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subject to discrimination under any
program or activity for which the Contractor receives Federal financial assistance.
The
Contractor will immediately take any measures necessary to comply with Title VI. If any real
property or structure is thereon provided or improved with the aid of Federal financial assistance,
this clause shall obligate the owner, or in the case of any transfer of such property, any transferee,
to comply with the requirements and restrictions contained in this clause for the period during
which the real property or structure is used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of similar services or
benefits. The Contractor will further comply with federal regulations, 24 CFR Part I, which
implement the act.
II.
FAIR HOUSING REQUIREMENTS
The Contractor shall comply with the Fair Housing Act (42 U.S.C. 3601-20) and
implementing regulations at 24 CFR Part 100, Part 109, and Part 110. No person in the United
States shall, on the basis of race, color, religion, sex, national origin, handicap or familial status,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with CDBG funds.
III.
EXECUTIVE
ORDER 11063
The Contractor shall comply with Executive Order 11063 as amended by Executive Order
12259 and as contained in 24 CFR Part 107. Contractor will take all action necessary and
appropriate to prevent discrimination because of race, color, religion (creed), sex, or national
origin, in the sale leasing, rental, or other disposition of residential property and related facilities
(including land to be developed for residential use), or in the use or occupancy thereof, if such
property and related facilities area, among other things, provided in whole or in part with the aid
of loans, advances, grants, or contributions agreed to be made by the Federal Govemment.
9
IV.
SECTION 109 OF THE COMMUNITY DEVELOPMENT
ACT OF 1974
The Contractor shall comply with Section 109 of the Community Development Act of
1974, in that no person in the United States shall on the ground of race, color, religion, national
origin or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
V.
EXECUTIVE ORDER 11246
The Contractor shall comply with Executive Order 11246, as amended by Executive
Order 12086, and the regulations issued pursuant thereto (451 CFR Chapter 60) which provides
that no person shall be discriminated against on the basis of race, color, religion, sex, or national
origin in all phases of employment during the performance of Federal or federally-assisted
construction contracts.
Contractor agrees that contractors and subcontractors on Federal or federally-assisted
construction contracts shall take affirmative action to ensure fair treatment in employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay, or other forms of compensation and selection for training and apprenticeship.
VI.
RELOCATION, ACQUISITION & DISPLACEMENT
The Contractor agrees to comply with 24 CFR 570.606 relating to the acquisition and
disposition of all real property utilizing grant funds, and to the displacement of persons,
businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of
real property utilizing grant funds. The Contractor agrees to comply with applicable Grantee
Ordinances, Resolutions, and Policies concerning displacement of individuals from their
residences.
VII.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
The Contractor shall comply with Section 3 of the Housing and Urban Development Act
of 1968, as amended (12 U.S.c. 170Iu).
10
A.
The Contractor shall, to the greatest extent feasible, give opportunities for training and
employment to lower-income residents of the County and shall award contracts for work
in connection with the Project to business concerns which are located in or owned in
substantial part by persons residing in the County.
B.
The Contractor shall include the phrase in paragraph A in all contracts for work in
connection with this project.
VIII.
LEAD-BASED PAINT
The Contractor agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub-Part B thereof. Such regulations
pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants
or properties constructed prior to 1978 be properly notified that such properties may include leadbased paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
pOlsomng.
IX.
USE OF DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS
The Contractor shall not use assistance to directly or indirectly employ, award contracts
to, or otherwise engage the services of, or fund any contractor or subcontractor during any period
of debarment, suspension or placement in ineligibility status under provisions of 24 CFR Part 24.
X.
UNIFORM ADMINISTRATIVE
REQUIREMENTS AND COST PRINCIPALS
The Contractor and its agencies or instrumentalities, and subrecipients shall comply with
the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-ll 0
(implemented at 24 CFR Part 84), A-122, A-B3 (implemented at 24 CFR Part 45), and A1282(implemented at 24 CFR Part 44) as applicable, as they relate to the acceptance and use of
Federal funds under this part. The applicable sections of 24 CFR Parts 84 and 85 are set forth at
570.502.
II
XI.
CONFLICT OF INTEREST
A.
No member of or delegate to the Congress of the United States, and no resident
Commissioner, shall be admitted to any share or part of this Agreement or to any benefit
direct or indirect which arises from the Agreement.
B.
In accordance with 24 CFR Part 570.611, no persons described in paragraph C who
exercise or have exercised any functions with respect to CDBG activities or who are in a
position to participate in a decision making process or gain inside information with regard
to CDBG activities, may obtain a personal or financial interest or benefit from, or have
any interest in any contract, subcontract, or agreement or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure
or for one year thereafter.
C.
The requirements of paragraph B apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, Contractor, and
of any designated public agency, or subrecipient under 24 CFR Section 570.20 which
receives funds under the CDBG grant agreement with HUD.
XII.
ELIGIBILITY RESTRICTIONS FOR CERTAIN RESIDENT ALIENS
The Contractor agrees to abide by the provisions of 24 CFR 570.613 with respect to the
eligibility restrictions for certain resident aliens. Certain newly legalized aliens, as described in
24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the
programs listed in this part of the regulation. The Grantee shall provide the Contractor with any
guidelines necessary for compliance with that portion of the regulation.
XIII.
ARCHITECTURAL
BARRIERS ACT AND AMERICANS WITH DISABILITIES ACT
The Contractor agrees to comply with any federal regulations issued pursuant to
compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) which requires
certain Federal and Federally funded buildings and other facilities to be designed, constructed, or
altered in accordance with the standards that insure accessibility to, and use by, physically
handicapped people. The Contractor also agrees to comply with any federal regulations issued
pursuant to compliance with the Americans with Disabilities Act (42 U.S.C. 12131 U.S.C. 155,
201,218 and 225) which provides comprehensive civil rights to individuals with disabilities in
the areas of employment, public accommodations, State and local government services, and
telecommunications. The Grantee shall provide the Contractor with any guidelines necessary for
compliance with that portion of the regulation in force during the term of this Agreement.
12
XIV.
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
The Contractor shall comply with Executive Orders 11625, 12432, and 12138.
Consistent with HUD's responsibilities under these Orders, the Contractor must make efforts to
encourage the use of minority and women's business enterprises in connection with funded
activities.
XV.
DISCRIMINATION
ON THE BASIS OF AGE OR HANDICAP
The Contractor shall not discriminate on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 61-1-07) and implementing regulations at 24 CFR part 146. The
Contractor shall not discriminate against handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8.
XVI.
RECORDS FOR AUDIT PURPOSES
Without limitation to any other provision of this Agreement, the Contractor shall
maintain all records concerning the Project that will facilitate an effective audit to determine
compliance with program requirements.
Records shall be kept for three (3) years from the
expiration date of the Agreement.
The Contractor will give the County, HUD, and the
Comptroller General of the United States, the General Accounting Office or any of their
authorized representatives access to and the right to examine, copy or reproduce all records
pertaining to the acquisition and construction of the Project and the operation of the Project. The
right to access shall continue as long as the records are required to be maintained.
XVII.
DRUG FREE WORKPLACE ACT OF 1988
The Contractor shall comply with the Drug Free Workplace Act of 1988 and certify that it
will maintain a drug-free workplace in accordance with the requirements of 24 CFR part 24,
subpart F.
13
EXHIBITB
(l)
(2)
(3)
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY
1-3
Covered Action:
(type and identity of program, project or activity)
14
EXHIBIT C
PRE-AWARD LETTER
15
COiV[yIC~ITY
\lani;
DE'VELOP\;IE:'-iT
:'31 ~~i-~ll)
no :<-.nl1c~1
Jlrec:or
J
?:L'{
:Si; 34l-3-iJ:'
October L 2004
VIA FA.'\:.-\J.'lD REGtJLAR Y1AIL
The Honorable Delbert Wendt
City of)!eedville
P.O. Box 527
Needville, IX 77461
Attn:
Richard Vacek
Re:
Phase IV Water Distribution Improvements
FY 2004 CDBG-Funded Project
Dear .\1ayor Wendt:
In an effort to expedite our CDBG-funded capital improvement projects, Fort Bend County is
issuing this pre-award letter authorizing you to proceed with the design phase of the abovereferenced project. The project should be carried out using the attached "Guidelines for Entity
Design. Bidding and Administration of Construction Projects". If these guidelines are not
followed, Fort Bend County will not reimburse you tor any costs associated with this project.
Once the agreement between the City and Fort Bend County has been executed, you may invoice
the County tor costs incurred during the design phase that are the responsibility of the County.
If you have any questions, please contact Karen Bringol with this office.
Sincerely,
j'v\,....~ .,,.,,....._
L,__ A.:X.'':.
I
Marilynn Kindell
Director
,.l,.nachment
-:.5:0 ~C:.l.ci.ing~Qa(l. Sune.-\
• :<"osenoerg, Texas --;,...
r71
GUIDELINES FOR
ENTITY DESIGN, BIDDING AND ADMINISTRATION
OF CONSTRUCTION PROJECTS
These guidelines are intended to assist those public entities recelVIDgFort Bend County
Community Development Block Grant Funds. The guidelines will facilitate the entity's
understanding and compliance with applicable federal and county regulations, policies and
processes where the entity is responsible the for design, bidding, and construction administration
phases of a project. If clarification is needed, call Karen Bringol, Assistant Project Coordinator,
Fort Bend County Community Development Department (CDD), (281) 341-4410.
I.
The entity must submit the proposed consultant's SF 254 and 255 or SF 330 qualification
statements and professional liability insurance certification for approval prior to
commissioning the consultant.
2.
Upon approval by CDD the entity may retain consultant services.
3.
The schematic design must be within the previously approved project scope.
4.
Preliminary plans and outline specifications shall be submitted to CDD to review for
compliance with project scope, estimated cost and constructability. Comments will be
returned to the consultant for incorporation into the final plans. Final plans will be
submitted to the County and will be reviewed to ensure compliance with HUD/County
technical requirements and to insert County-related documents. Corrections and
comments will be returned to the consultant for revisions. Final documents must be
approved by CDD.
5.
Prior to award of contract, CDD and the County Engineer's Office will review the bid
documents, the bidder's qualification statements, minority business plan and financial
statements to ensure that the contractor has a good contracting record, adequate
capitalization and/or equipment, etc., to successfully complete the project, meets minority
participation goals and that the bidder has not been debarred by HUD from working on
federal contracts.
6.
The Entity shall conduct a prebid meeting (if necessary) and a preconstruction conference
with the contractor(s), consultant, and CDD representatives in attendance.
7.
Inspection will be the responsibility of the Entity. The County Engineer will periodically
inspect construction.
8.
The Entity will be responsible for preparing monthly pay estimates. Preparation will
consist of a site meeting with the Entity and/or consultant and the contractor's
representative to accurately determine the percentage completion of various components
of the work and time used. The monthly estimate is based on a previously submitted and
approved schedule of values. Upon completion of the final draft of each monthly
estimate, the consultant will be required to sign same. The estimates will then be
reviewed by the County Engineer and processed through CDD, County Auditor and the
County Treasurer.
9.
All requests for changes in contract will be processed by the Entity. All change requests
must be within the original scope of work and be approved by CDD prior to processing.
No person will have authority to verbally alter, modify, expand or reduce the
requirements of the drawings or specifications. All modifications affecting cost, scope,
quality or time shall be made part of the contract by a "Change-In-Contract" approved by
the Entity. All change orders required due to errors and/or omissions by the consultant
will be paid for by the Entity. Total aggregate Changes In Contract will not exceed
twenty-five percent (25%) of the original contract amount.
10.
CDD will review all payrolls and conduct working interviews and will hold the general
contractor responsible for compliance with labor, EEO and minority business
requirements.
APPENDIX 1
I.
PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS
Fort Bend County's Community Development Department requires that engineering frrms
submitting qualification statements do so in the manner prescribed below. This information
should substantiate the capacity and ability of the firm and its staff to perform this type of
engineering work. It is also important to list projects completed of a similar nature that
demonstrate this capability. Any proposal submitted without all of the information requested
below will be considered as non-responsive.
A.
Submit one (I) copy of information on the firm in the form of a corporate
resume, including SF 254 and SF 255 or SF 330 Forms.
*B.
Submit one (I) copy of current project activities of a similar nature being
undertaken by your firm (including dollar amount and contact persons).
*C.
Submit any other pertinent information on the firm's ability to carry out
the contractual responsibilities; including such things as equipment, use of
sub-contracts, and special knowledge of the project area or activity being
considered.
*D.
Provide a list of persons, and their classification, who will be assigned to
this job.
*E.
Provide a resume of all employees who will be assigned to this project,
including a listing of projects having similar work.
F.
Provide a detailed scope of work on how you propose to handle this ~
of construction. The scope of work should contain categories for initial
site investigation. submission of prelimimuy plan (construction drawings)
for review, correction of revisions which result from said review. technical
specifications. easement drawings/legal descriptions. and meetings as may
be required.
G.
Provide a list of subcontractors to be employed (if known) and whether
these firms are minority or female owned.
H.
Submit one (I) copy of the Proposal Summary (Appendix 2).
I.
Submit one (1) copy of the Certification for Contracts, Grants, Loans and
Cooperative Agreements (Appendix 3).
*NOTE:
It is not necessary to re-list data already included on the SF
254 and SF 255 or SF 330 forms.
II.
SELECTION CRITERIA
The award of the contract for engineering services required by this Request for Proposal shall be
determined by analysis of, but not necessarily limited to, the following factors:
ill.
A.
Documented evidence of qualifications, resources and experience of the
proposing firm to perform the required services;
B.
Commitment by the proposing firm to complete the construction plans,
documents, design surveys and easement descriptions within the required
time.
C.
Other factors as deemed appropriate, including a review of the items
submitted under Section I.
PROCEDURES FOR SUBMITTING
ENGINEERING PROPOSALS.
MBEIWBE PARTICIPATION
Where possible, engineering firms are encouraged to utilize the skills and services of minority
businesses in the fulfillment of the contractual responsibilities pertaining to this project.
IV.
ENGINEERING
SERVICES
The City shall enter into a contract for engineering services as listed below:
I.
The Engineer will be responsible for ascertaining the scope of
improvements outlined in this report (scope of work) and developing a
Layout and Cost Estimate. The Engineer should recommend alternative
layouts if field investigations identify additional problems not covered in
the original scope of work.
2.
Upon direction of the City, the Engineer will prepare construction plans
and documents as required so as to install the scope of work identified in
this report.
3.
The Engineer will identify and prepare easementlright-of-way descriptions
if necessary.
APPENDIX 2
PROPOSAL SUMMARY
(Include with proposal after selection of engineer)
1. Engineer (Firm Name)
*2. P.E. Hours
*3. MinorityIFemale Hours
*4. Total Hours
*These are total estimated hours for the entire project. The data requested here is in addition to
the breakdowns called for in Section I (D & F), PROCEDURES FOR SUBMITTING
PROPOSALS.
\l-
RECORDED ON
V\ ·t~
IN THE COMM1SSIO~t~~RT
MINUTES OF.
.
APPENDIX 3
(1)
(2)
to any person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
(3)
the award documents for all sub awards at all tiers (including subcontracts, sub grants, and
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Executed this
date of
---', 2004.
By
_
(signature)
(typed or printed name)
(title, if any)
Covered Action:
33D
AGREEMENT
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
This Agreement is by and between the City of Richmond, a body corporate and politic
County).
WITNESSETH:
WHEREAS, the City did agree to cooperate to be included in the grant application;
and,
WHEREAS, included in the approved grant application for the replacement of water lines
in North Richmond - Fields Street, Douglas Street, Clark Street, Ferry Street and Maiden Lane
for a total cost of $150,000.00, hereinafter referred to as the "Project"; and,
federal laws, rules, and regulations relating to the expenditure of funds received from the U. S.
to the expenditure ofU. S. Government funds under the Community Development Block Grant
application; and,
application; and,
I.
SCOPE OF AGREEMENT
II.
inspection personnel to assure itself of compliance with the Agreement. The County shall
specifications and return one (l) set to the City with comments within ten (l0) days. Comments
County within ten (l0) days.
or less than the sum of $125,200.00, City will notify County of the amount of the lowest and best
excess of the sum of $125,200.00, then the City will pay the additional cost of the Project. Upon
2
of the budget or to new line items created in the budget.
III.
PROJECT COSTS
project costs not to exceed the total sum of One Hundred Fifty Thousand and NollOO Dollars
($150,000.00) as set forth in the Budget for CDBG Funds, which shall be in full and total
Agreement with HUD.
CDBGBudget
Construction
Contingency
Design
$113,420.00
$11,780.00
$ 24,800.00
Total CDBG Funds
$150,000,00
IV.
PAYMENT
this Agreement shall not exceed One Hundred Fifty Thousand and NollOO Dollars
($ I 50,000.00). City shall submit an invoice upon delivery of the Project. Such invoice shall
3
V.
SOURCE OF FUNDING
maximum liability of the County under the teoos and provisions of this Agreement shall not
been received by the County under the Grant Agreement to pay the City's compensation and
VI.
AGREEMENT DOCUMENTS
Exihibit C - Pre-Award Letter dated October I, 2004
4
VII.
NOTICE
If to the County, then to:
Fort Bend County
Ifto the City, then to:
City of Richrnond
600 Morton Street
VIII.
RlGHTS OF TERMINATION
5
_De\)OOW
,
a.
It has on the ~
day of
b.
It has on the lu day of ~..J
, 2004, been executed by
ATTEST:'
,,'
:"'O~ER~T~E~.
H.LJJ-B~E':AR~T~-----County Judge
Dianne Wilson
County Clerk
CITY OF RICHMOND
,
ATTEST:
By76.~h~1
MAYOR
City Secretary
~6,~0_or~&~
BEN W. "BUD" CHILDERS
County Attorney
6
f!!J)iJi:t;:J
ob1ig.ioo of Fort B<od CO""" ru>dcrmd wi"'o tire
$150,000.00 to pay the
County Auditor
7
FORT BEND COUNTY AND THE CITY OF RICHMOND
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
q""¢f\.
On this the
day of
'f\O\l~L
Commissioners Court Sif{\g as the govemiIlibody of Fort Bend County, Texas, upon motion of
Commissioner
\~\
¥5,
"GlAtT '
Bend County and City of Richmond for federal funding of a Community Development Block
Grant (CDBG) Program, said Agreement being incorporated herein by reference for all purposes
as though fully set forth herein word for word.
8
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUIREMENTS
I.
and Title 24 Code of Federal Regulations Part I. In accordance with the Act, no person in the
The
implement the act.
II.
The Contractor shall comply with the Fair Housing Act (42 U.S.c. 3601-20) and
under any program or activity funded in whole or in part with CDBG funds.
III.
of loans, advances, grants, or contributions agreed to be made by the Federal Government.
9
IV.
SECTION 109 OF THE COMMUNITY DEVELOPMENT ACT OF 1974
V.
VI.
RELOCATION, ACQUISITION & DISPLACEMENT
residences.
VII.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
of 1968, as amended (12 U.S.c. 170Iu).
10
A.
B.
The Contractor shall include the phrase in paragraph A in all contracts for work
III
VIII.
LEAD-BASED PAINT
pOisomng.
IX.
of debarment, suspension or placement in ineligibility status under provisions of24 CFR Part 24.
X.
the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-IIO
(implemented at 24 CFR Part 84), A-122, A-l33 (implemented at 24 CFR Part 45), and A128\implemented at 24 CFR Part 44) as applicable, as they relate to the acceptance and use of
570.502.
II
XI.
A.
B.
In accordance with 24 CFR Part 570.61 I, no persons described in paragraph C who
C.
XII.
XIII.
ARCHITECTURAL
compliance with the Architectural Barriers Act of 1968 (42 U.S.c. 4151-4157) which requires
pursuant to compliance with the Americans with Disabilities Act (42 U.S.c. 12131 U.S.C. 155,
20 I, 218 and 225) which provides comprehensive civil rights to individuals with disabilities in
12
XIV.
activities.
XV.
DISCRIMINATION
Act of 1975 (42 U.S.c. 61-1-07) and implementing regulations at 24 CFR part 146. The
XVI.
compliance with program requirements. Records shall be kept for three (3) years from the
XVII.
The Contractor shall comply with the Drug Free Workplace Act of 1988 and certify that it
subpart F.
13
EXHIBITB
(I)
(2)
(3)
,() f-/..
Executed this
---ll2-
date of
,20q
C2datrF,.
h. ~
By7~
(signature)
Hilmar Moore
Mayor
(title, if any)
Covered Action: _---'''-'''''-'-''==''":'-:-':-'.<.!=.-'-'''':-'''''-'='''-''--':-''''''''''-'''"'''--'='-'-'£>'''-'-''-(type and identity of program, project or activity)
14
_
EXHIBIT C
PRE-AWARD LETTER
15
CO~nIC~ITY
\iJrti\nn
DEVELOP"vIENT
:"d1Ucd
:J,rec:or
October L :004
VIA FA.'( A..l'IDREGl;LAR YL\IL
Mr. Yfark Zgabay, Assistant City Yfanager
City of Richmond
600 Monon Street
Richmond, IX 77469
Re:
:-.fonhRichmond Sanitary Sewer Improvements
Dear Mr. Zgabay:
In an effon to expedite our CDBG-funded capital improvement projects, Fort Bend County is
issuing this pre-award letter authorizing you to proceed with the design phase of the abovereferenced project. The project should be carried out using the attached "Guidelines fur Entity
Design.. Bidding and Administration of Construction Projects". If these guidelines are not
followed, Fort Bend County will not reimburse you for any costs associated with this project.
Once the agreement between the City and Fort Bend County has been executed, you may invoice
the County for costs inCUrtedduring the design phase that are the responsibility of the County.
Sincerely,
i\J,
.. '.
"\a"..~,)'l...,
"'-
'f
I
.....
Marilynn:'Kindell
Director
Attachment
' /'IJ
_''''''-1.·1::;;...
"
.....
'..............
GUIDELINES FOR
ENTITY DESIGN, BIDDING AND ADMINISTRATION
OF CONSTRUCTION PROJECTS
These guidelines are intended to assist those public entities recelvmg Fort Bend County
Community Development Block Grant Funds.
The guidelines will facilitate the entity's
processes where the entity is responsible the for design, bidding, and construction administration
phases of a project. If clarification is needed, call Karen Bringol, Assistant Project Coordinator,
Fort Bend County Community Development Department (CDD), (281) 341-4410.
1.
2.
Upon approval by CDD the entity may retain consultant services.
3.
4.
Preliminary plans and outline specifications shall be submitted to CDD to review for
compliance with project scope, estimated cost and constructability. Comments will be
returned to the consultant for incorporation into the final plans. Final plans will be
submitted to the County and will be reviewed to ensure compliance with HUD/County
technical requirements and to insert County-related documents.
Corrections and
approved by CDD.
5.
Prior to award of contract, CDD and the County Engineer's Office will review the bid
documents, the bidder's qualification statements, minority business plan and financial
statements to ensure that the contractor has a good contracting record, adequate
capitalization and/or equipment, etc., to successfully complete the project, meets minority
federal contracts.
6.
The Entity shall conduct a prebid meeting (if necessary) and a preconstruction conference
with the contractor(s), consultant, and CDD representatives in attendance.
7.
Inspection will be the responsibility of the Entity. The County Engineer will periodically
8.
consist of a site meeting with the Entity and/or consultant and the contractor's
approved schedule of values. Upon completion of the final draft of each monthly
estimate, the consultant will be required to sign same. The estimates will then be
reviewed by the County Engineer and processed through CDD, County Auditor and the
County Treasurer.
9.
No person will have authority to verbally alter, modifY, expand or reduce the
requirements of the drawings or specifications. All modifications affecting cost, scope,
10.
requirements.
APPENDIX 1
1.
Fort Bend County's Community Development Department requires that engineering firms
A.
Submit one (I) copy of information on the firm in the form of a corporate
"B.
"C.
the contractual responsibilities; including such things as equipment, use of
considered.
"D.
this job.
"E.
F.
Provide!! detailed scope of work on how you propose to handle this ~
of construction. The scope of work should contain categories for initial
site investigation, submission of preliminary plan (construction drawings)
for review, correction of revisions which result from said review, technical
specifications, easement drawings/legal descriptions, and meetings as may
be required.
G.
H.
Submit one (I) copy of the Certification for Contracts, Grants, Loans and
"NOTE:
II.
SELECTION CRITERIA
determined by analysis of, but not necessarily limited to, the following factors:
III.
A.
Documented evidence of qualifications, resources and experience of the
proposing firm to perform the required services;
B.
Commitment by the proposing firm to complete the construction plans,
documents, design surveys and easement descriptions within the required
time.
C.
submitted under Section I.
PROCEDURES
FOR SUBMITTING
MBE/WBE PARTICIPATION
businesses in the fulfillment of the contractual responsibilities pertaining to this project.
IV.
ENGINEERING SERVICES
I.
2.
this report.
3.
The Engineer will identify and prepare easementlright-of-way
if necessary.
descriptions
APPENDIX 2
PROPOSAL SUMMARY
*2. P.E. Hours
*3. Minority/Female Hours
*4. Total Hours
PROPOSALS.
HECORDED ON
\\ -\ClI..~
IN THE COMMISSI~~~"r
MINUTES OF.:
APPENDIX 3
- ,
(1)
(2)
(3)
making for entering into this transaction imposed by section 1352, title 3 I, U.S. Code. Any
Executed this
date of
, 2004.
By
_
(signature)
(title, if any)
Covered Action:
.
33E
AGREEMENT
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
This Agreement is by and between the City of Fulshear, a body corporate and politic
County).
WITNESSETH:
WHEREAS, the City did agree to cooperate to be included in the grant application; and,
WHEREAS, included in the approved grant application for the purchase and installation
of emergency generators for the water and wastewater plants for a total cost of $125,000.00,
hereinafter referred to as the "Project"; and,
federal laws, rules, and regulations relating to the expenditure of funds received from the U. S.
to the expenditure of U. S. Government funds under the Community Development Block Grant
application; and,
application; and,
I.
SCOPE OF AGREEMENT
II.
inspection personnel to assure itself of compliance with the Agreement. The County shall
specifications and return one (l) set to the City with comments within ten (l0) days. Comments
County within ten (10) days.
or less than the sum of $114,900.00, City will notify County of the amount ofthe lowest and best
excess of the sum of$114,900.00, then the City will pay the additional cost of the Project. Upon
2
ofthe budget or to new line items created in the budget.
III.
PROJECT COSTS
project costs not to exceed the total sum of One Hundred Twenty Five Thousand and NollOO
Dollars ($125,000.00) as set forth in the Budget for CDBG Funds, which shall be in full and total
Agreement with HUD.
CDBGBudget
Construction
Contingency
Design
$109,000.00
$ 5,900.00
$ 10,100.00
Total CDBG Funds
$125.000,00
IV.
PAYMENT
this Agreement shall not exceed One Hundred Twenty Five Thousand and NollOO Dollars
($125,000.00). City shall submit an invoice upon delivery of the Project. Such invoice shall
3
V.
SOURCE OF FUNDING
maximum liability of the County under the terms and provisions of this Agreement shall not
been received by the County under the Grant Agreement to pay the City's compensation and
VI.
AGREEMENT DOCUMENTS
Exihibit C - Pre Award Letter dated October I, 2004
VIl.
NOTICE
4
5
1fto the County, then to:
Fort Bend County
1fto the City, then to:
City of Fulshear
P. O. Box 279
Fulshear, Texas 77441
VIII.
RIGHTS OF TERMINATION
6
It has on the
e;<\W
a..,"t'day of
,
a.
~
b.
It has on the
day of
Ii
&e:t'QhAJ
,
ATTEST:
Dianne Wilson
County Clerk
CITY OF FULSHEAR
ATTEST:
By;i2~*
MAY R
c~~
~-z:s~,.")~~~
~
BEN"W. "BUD" CHILDERS
County Attorney
7
'WiI.:t:2
obli",o,
of Fort B,ru1Cooo", """,, ood wiilii, tl"
$125,000.00 to pay the
County Auditor
8
FORT BEND COUNTY AND THE CITY OF FULSHEAR
THE STATE OF TEXAS
§
§
COUNTY OF FORT BEND
§
f\o~®~,
On this the ~~
day of
Commissioners Court sifS\g as the governing body of Fort Bend County, ~±as, u~JOnmotion of
Commissioner
\
It'\), Ilt:?YV1:
,
\
~~~:S,
Bend County and City of Fulshear for federal funding of a Community Development Block Grant
(CDBG) Program, said Agreement being incorporated herein by reference for all purposes as
though fully set forth herein word for word.
9
EXHIBIT A
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM REQUIREMENTS
I.
and Title 24 Code of Federal Regulations Part 1. In accordance with the Act, no person in the
The
implement the act.
II.
The Contractor shall comply with the Fair Housing Act (42 U.S.C. 3601-20) and
under any program or activity funded in whole or in part with CDSG funds.
III.
of loans, advances, grants, or contributions agreed to be made by the Federal Government.
10
IV.
SECTION
109 OF THE COMMUNITY
DEVELOPMENT
ACT OF 1974
V.
EXECUTIVE
ORDER 11246
VI.
RELOCATION,
ACQUISITION
& DISPLACEMENT
residences.
VII.
SECTION
3 OF THE HOUSING AND URBAN DEVELOPMENT
ACT OF 1968
of 1968, as amended (12 U.S.C. 1701u).
II
A.
B.
The Contractor shall include the phrase in paragraph A in all contracts for work in
VIII.
LEAD-BASED PAINT
pOlsonmg.
IX.
of debarment, suspension or placement in ineligibility status under provisions of24 CFR Part 24.
X.
the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-IIO
(implemented at 24 CFR Part 84), A-122, A-B3 (implemented at 24 CFR Part 45), and A1282(implemented at 24 CFR Part 44) as applicable, as they relate to the acceptance and use of
570.502.
12
XI.
A.
B.
In accordance with 24 CFR Part 570.611, no persons described in paragraph C who
C.
XII.
XIII.
ARCHITECTURAL
compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) which requires
pursuant to compliance with the Americans with Disabilities Act (42 U.S.C. 12131 U.S.c. 155,
20 I, 218 and 225) which provides comprehensive civil rights to individuals with disabilities in
13
XIV.
activities.
XV.
DISCRIMINATION
Act of 1975 (42 U.S.C. 61-1-07) and implementing regulations at 24 CFR part 146. The
XVI.
compliance with program requirements. Records shall be kept for three (3) years from the
XVII.
The Contractor shall comply with the Drug Free Workplace Act of 1988 and certifY that it
subpart F.
14
EXHIBITB
(I)
(2)
(3)
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY
making for entering into this transaction imposed by section I3 52, title 31, U.S. Code. Any
Executed this
IF Ij
date of
1fl!Jr().l.,
I?f' ~h*.
(title, if any)
%
Covered Action: _-----'''-''''===~-':2~-'-''''':'-''''''-'='''-''--'--'~'''-'=~'='''''''''''-'-''------(type and identity of program, project or activity)
15
EXHIBIT C
PRE-AWARD LETTER
16
COM:vrC~ITY DE'/ELOP\>IE~T
:=:1.\
:3 ;, _~~
l-~; U
;.l i-:-o.=.
::3 ~
October 1, :004
VIA FA..'( .-\i'ID REGl;1.AR Y1All..
The Honorable J. Michael Dinges
City of Fulshear
PO. Box 179
Fulshear, TX 77441
Attn:
Kathy :viaytield
Re:
Water and Sewer Plant Emergency Generators
Dear :viayor Dinges:
In an effort to expedite our CDBG-funded capital improvement projectS, Fort Bend County is
issuing this pre-award letter authorizing you to proceed with the design phase of the abovereferenced project. The project should be carried OUtusing the attached "Guidelines for Entity
Design.. Bidding and Administration of Construction Projects". If these guidelines are not
followed, Fort Bend Coumy will not reimburse you for any costs associated with this project.
Once the agreement beTWeenthe City and Fort Bend County has been executed, you may invoice
the County for costs incurred during the design phase that are the responsibility of the County.
Sincerely,
~~;"-~~
\
:viarilynn Kindell
Director
Attachment
..+520 Reuding
KOJa. SUIte .-\
~osenberg,
Texas -7.17!
GUIDELINES FOR
E~TITY DESIGN, BIDDING AND ADMINISTRATION
OF CONSTRUCTION
PROJECTS
These guidelines are intended to assist those public entities receiving FOr! Bend County
Community Development Block Grant Funds.
The guidelines will facilitate the entity's
processes where the entity is responsible the for design. bidding, and construction administration
phases of a project. If claritication is needed. call Karen Bringol. Assistant Project Coordinator.
FOr! Bend County Community Development Department (COD), (281) 341-4410.
l.
2.
Upon approval by COD the entity may retain consultant services.
3.
4.
Preliminary plans and outline specifications shall be submitted to COO to review for
compliance with project scope, estimated cost and constructability.
Comments will be
returned to the consultant for incorporation into the final plans. Final plans wiII be
submitted to the County and wiII be reviewed to ensure compliance with HUDICounty
technical requirements and to insert County-related documents.
Corrections and
approved by COD.
5.
Prior to award of contract. COD and the County Engineer's Office will review the bid
documents, the bidder's qualification statements. minority business plan and financial
statements to ensure that the contractor has a good contracting record. adequate
capitalization andlor equipment, etc .. to successfully complete the project. meets minority
federal contracts.
6.
The Entity shall conduct a prebid meeting (if necessary) and a preconstruction
with the contractor(s), consultant, and COD representatives in attendance.
7.
Inspection wiII be the responsibility of the Entity. The County Engineer will periodically
8.
consist of a site meeting with the Entity andlor consultant and the contractor's
conference
approved schedule of values. Upon completion of the tinal draft of each monthly
estimate. the consultant will be required to sign same. The estimates will then be
reviewed by the County Engineer and processed through CDD. County Auditor and the
County Treasurer.
9.
No person will have authority to verbally alter, modify, expand or reduce the
requirements of the drawings or specifications. All modifications affecting cost, scope.
10.
requirements.
APPENDIX 1
1.
Fort Bend County's Community Development Department requires that engineering fums
A.
Submit one (1)copy of information on the fmn in the form of a corporate
*B.
*C.
the contraetual responsibilities; including such things as equipment, use of
considered.
*D.
this job.
*E.
F.
Provide II detlliled scope of work on how you propose to handle this ~
of construction. The ~
of work should contllin categories for initial
site investigation. submission of preliminary plan (construction drllwings)
for review. correction of revisions which result from said review. technical
wecifications. easement drawings/legal descriptions. and meetings as may
llil. required.
G.
H.
Submit one (1) copy of the Certification for Contracts, Grants, Loans and
*NOTE:
II.
SELECTION CRITERIA
determined by analysis of. but not necessarily limited to. the following factors:
III.
A.
Docwnented evidence of qualifications. resources and experience of the
proposing firm to perform the required services:
B.
Commitment by the proposing firm to complete the construction plans.
docwnents. design surveys and easement descriptions within the required
time.
C.
submitted under Section 1.
PROCEDURES
FOR SUBMITTING
MBE/WBE PARTICIPATION
businesses in the fulfillment of the contracmal responsibilities pertaining to this project.
IV.
ENGINEERING SERVICES
1.
2.
this report.
3.
The Engineer will identify and prepare easementlright-of-way
if necessary.
descriptions
APPENDIX 2
PROPOSAL SUMMARY
*..., P.E. Hours
*3. Minority/Female Hours
*4. Total Hours
PROPOSALS.
RECORDED ON \ \- \q -()~
IN THE COMMISSIONER COURT
M\NUTESOF~.
APPENDIX 3
(I)
(2)
(3)
contracts under grants, loans, and cooperative agreements) and that all sUbrecipients shall certify
Executed this
date of
, 2004.
By,
_
(signature)
(title, if any)
Covered Action:
COMMISSIONERS
~~~~~~E~~~~~UESTFO~ENDA
[
DATE SUBMITTED:
SUBMITTED BY: P.IIA1"lS(AGEIIDA COORDllIAroRlAGENDA
DEPARTMENT:
043-J!2lGI11EERIR3
#
PHONE NO.:
(281) 633-7507
3 'I A
11/2/04
COURT AGENDA DATE:
SUMMARY OF ITEM:
11/9/04
TAKE ALL APPROPRIATE ACTIlJII ro APPROVE SlJPPLEIIIlIITA
J\GREIIIIEIIT 110. 1 IlE'lllEDl FORT BEIlD
0lllIlTY JIIlI) KLll'rZ JlSSOCIMES,IIlC.
RElillRDIIIG ADIlITIOIlAL
SERVICES FUR PS&E REVISIlJII
FUR
fIIl464
PeT.3.
~
fIIl093 TO IlESTPARKTOLLIlAY, NOT ro EXCEED$3,404.77,
(FONO:230-043-4301-78311
Yes()
LIST SUPPORTING
rrs.a
IDlILITY
IIOIIDPROJEC'llI5
No()
DOCUMENTS ATTACHED:
FINA.!'IClAL SUMMARY:
BUDGETED
Yes(
Fund
ITEM:
) No()
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( " when completed)
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
Wednesday
3.
r
I
at 2:00 p.m. to the departments
listed above.
""-1r,UjryR]nlME:'-IDATION / ACT10~
\\-~-\J~
Q
PURCHASE ORDER
PC 04300002088
P.D.NUMBER:
BUYER:
P.D.DATE:
01
07 01 02
DELIVERBY:
07 0 1 02
PAGE.:
CONFIRMING:
FOB:
13
CHERYL KREJCI
NO
D
VENDOR:
760147348
KLOTZ ASSOCIATES. INC
1160 DAIRY ASHFORD, SUITE 500
HOUSTON
D. WAYNE KLOTZ
TX
DESCRIPTION
77079
SHIPTD:
BILL TO:
ENGINEERING
1124 BLUME ROAD
ROSENBERG TX 77471
ENGINEERING
POBOX
1449
ROSENBERG TX
QUANTITY
77471
UNITCOST
EXTENDEDCOS1
001
580
1.000 EA
•
361,465.530000
361,465.53
230 043 4301 2000 7831 01
FM1464:(FROM FM1093 TO SH99);MOBI~TY
PROJ.#59
FOR ROUTE AND DESIGN STUDY, ENVIRONMENTAL AND SCHEMATIC LAYOUT
DEVELOPMENT REGARDING FM1464;
CONTRACT
AND PROFESSIONAL
SERVICE APPROVED
IN CC 6/25/02
002
580
1.000 EA.
63,573.480000
230 043 4301 2000 7831 01
SUPPLEMENTAL AGREEMENT NO. 1 FOR ADDITIONAL
ENGINEERING
SERVICES RELATED TO THE ABOVE MOBILITY PROJECT #59
APPROVEDIN CC 7/1/03
63,573.48
285,092.740000
1.000 EA
2000 7831 01
AGREEMENT NO. 2 FOR ADDITIONAL
ENGINEERING
RELATED TO THE ABOVE MOBILITY PROJECT #59
IN CC 12/9/03
285,092.74
003 580
230 043 4301
SUPPLEMENTAL
SERVICES
APPROVED
@
117,149.00
004 580
1.000 EA
117,149.000000
230 043 4301 2000 7831 01
ENGINEERING SERVICES FOR PREPARATION PLANS, SPECIFICATIONS,
ESTIMATES AND SURVEYING FM 1464 FROM FM 1093 TO 1,000 FT SOUTH OF
WESTPARK TOLLWAY PCT. 3 - NOT TO EXCEED $117,149.00
PAGE TOTAL:
827,280.75
ilAW iEi
BY MY SlG~I)"Ttl!~MS
ON THlll2lftod
RECEIVEDAND '!HAT ALL ITI!MS M!I!T sP!CII'\CAl1ONS.
CA. FORM
1074 (MAY 92)
RECEIVING REPORT
KLOTZ
ASSOCIATES,
I NC.
1 160 Da;ry Ashfmd
SuH.500
12811589·7257
CONSUlTING
ENGINEERS
12811589·7309
Fax
emoil@klotz.com
November I, 1004
Fort Bend County
1114 Blume Road
Re:
Supplemental Agreement No.1
Additional Services for PS&E Revision
FM 1464 from FM 1093 to Westpark Tollway
Klotz Associates Project No. 0262.010
Dear Mr. Hegemier:
Klotz Associates, Inc. is pleased to continue providing Professional Services for the abovementioned project. Supplemental Agreement No. 1 with Attachments B and C can be found
attached to this letter which pertains to revisions to the Final Design Drawings. The
revisions are necessary due to an omission of the drainage outfall structure requested for
installation under the ongoing FM 1093 Construction project. TxDOT has requested an
alternate design which ties to the existing storm sewer in a different location as shown in the
attached Exhibit A.
After you have had a chance to review the attached information, we will be glad to meet with
you to discuss any comments you might have. In the meantime, if you have any questions,
please feel free to call me at (281) 589-7157.
Sincerely,
&z~&dIt
Barry Vanderwalt, P.E.
Proj ect Manager
BV:ng
Attachments
cc:
Mr. David C. Balmos, P.E., Carter Burgess
Mr. Marietta Francisco, P.E., TxDOT Houston District
STATE OF TEXAS
§
FORT BEND COUNTY
§
SUPPLEMENTAL
CONTRACT
AGREEMENT
FOR ENGINEERING
NO.1
SERVICES
THIS SUPPLEMENTAL
AGREEMENT to contract for engineering services is made by and
between Fort Bend County, hereinafter called "County," and Klotz Associates, Inc., hereinafter
called "Engineer", and becomes effective when fully executed by both parties.
WITNESSETH
WHEREAS, the County and Engineer executed a contract on February 10th, 2004 for engineering
services to provide Plans, Schedule and Estimates for the Construction of FM 1464 from FM 1093
to 1000' South of West park Tollroad and,
WHEREAS, Article 2, Compensation and Payment, limits the maximum amount payable under this
contract to $117,149.00; and
WHEREAS, Article 3, Time of Performance, requires that the work under this contract shall
terminate 320 days from receipt of notice to Proceed; and,
WHEREAS, it has become necessary to amend the contract to increase the compensation to provide
engineering services for design changes requested by TxDOT.
AGREEMENT
NOW, THEREFORE, the County and the Engineer, in consideration of the mutual covenants and
agreements herein contained, do hereby mutually agree that said contract is amended as follows:
I.
Attachment B, Services to be provided by the Engineer, is amended to add services for
Storm sewer revisions requested by TxDOT
II.
Attachment C, Fee Schedule, is amended to increase compensation by $3,404.77.
III.
Article 2, Compensation and Payment, is amended to increase the maximum amount payable
under this contract from $117,149.00 to $120,553.77.
All other provisions of the Contract are unchanged and remain in full force and effect.
Page 1 0[2
Fort Bend County
FM 1464
IN WITNESS WHEREOF, the County and the Engineer
agreement in duplicate.
KLOTZ ASSOCIATES.
THE ENGINEER
have executed this supplemental
1Ne.
By:
Robert E. Hebert
County Judge
By:
--""-----;:,.,.-f------''---'----Date
Billy M. Cooke, P.E.
Printed Name
~
Executive Vice President
,
Date
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AUDITOR'S CE~nFkATE:
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I hereby certifytl;~'· the.additional funds are
available to pay ihe. County's obligation in
the amount of $ ":% o/c!f 72·
I!J#tz:tO
Ed Sturdivant
County Auditor
LIST OF ATTACHMENTS
Attachment 8
Attaclunelll C -
Services to be provided by the Engineer
Fee Schedule
Page 2 of2
Fort Bend County
FM 1464
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ATTACHMENT B
ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER
Services for Supplemental Agreement #1 are for revisions to the final plans due to omission
of an outfall structure under the FM 1093 project as requested by the engineer. Plans have to
be revised to tie the proposed stont1 sewer to the existing storm sewer in a different location.
The revision will also impact the traffic control plans.
Additional Scope of Work to be Added to Contract:
Drainage (FC 161)
I. Revise storm sewer plan and profiles with consideration for existing utilities
2. Revise storm sewer data sheets.
Miscellaneous (FC 162)
1. Revise construction cost estimate.
2. Revise summary of quantities.
3. Revise traffic control plans to show a temporary storm sewer connection to the
existing storm sewer during Phase I.
Page 1 of I
Fort Bend County
FM 1464
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SUBMITTED FOR INTERIM REVIEW
Under the authority of:
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CONSUlTI,..G
f,..GINEERS
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BE'EO
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KLOTZ
ASSOCIATES,
INC
TF·t
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DRAINAGE
PLAN 8< PROFILE
_.
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BEGIN PROJECT TO STA. IO~~OO
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100'00
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02
0)5
I
..rG.... u NO.
F'M 1464
FORT BEND COUNTY
DATE SUBMITTED:
SUMMARY OF ITEM:
11/9/04
TAKEJILL APPRIJPRIATE ACTI<Jl TO APPROVE TIlE SlJP1'LDIEII'rJ llGREEIIEIIT RO. 3 IlE'I.'IIEI2I KLO'rZ
ASSOCIATES,IIIC.
AND FORT BEIID COUII'1'Y REGARDIIIG AIlIlITIOIlAL
SERVICES mR DIAliRAllllATIC
REV!SI<Jl mR THE 00.464
(~00.093
TO Sll99) PROJIlCT,HOT TO EXCEED $82,169.28,l'CTS.
3&4
MOBILITY BOND PROJECTt59.
(FUHD:23D-043-4301-7831)
,
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.BA1'TS(AGIlIlM
COORDIIIATOR)AGENDA
DEPARTMENT:
043-EllGIIIEERIIlG
#
PHONE NO.:
(2811 633-7507
3" 13
10/28/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
AGENDA ITEM
Yes ()
No ( )
DOCUMENTS ATT ACHED:
,",\~"
.
.i"<.'J Fii .•
FINANCIAL SUMMARY:
BUDGETED ITE'\1:
Yes ( ) No()
Fund
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( "" when completed)
If by E-Mail to ospindon(a:co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pet.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341·8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Agenda Request Forms may be submitted by e·mail, fax, or inter·office mail, and all information must be provided by
RECOMMENDATION
\\-~-\)'\
/ ACTION REQCESTED:
~ji,
1160 Dairy Ashford
KLOTZ
ASSOCI ATE S
Suite 500
I
INC.
CONSULTING
ENGINEERS
12811 589-7257
12811 589-7309
fox
emoil@klotz.com
September 27, 2004
Mr. Jesse Hegemier, P_E_
Fort Bend County
1124 Blume Road
Re:
Supplemental Agreement No_ 3
Additional Services for Diagrammatic Revision
FM 1464 from FM 1093 to SH 99
Klotz Associates Project No. 26209
Dear Mr. Hegemier:
Klotz Associates, Inc. is pleased to continue providing Professional Services for the abovementioned project. Supplemental Agreement No.3 with Attachments B, C and D can be
found attached to this letter which pertains to additional work required on the Diagrammatic
Design and subsequent revisions to the Environmental Assessment.
Klotz Associates, Inc. will be working in coordination with PBS&J, Corrigan Consulting and
Weisser Engineering to perform these tasks.
After you have had a chance to review the attached informa.tion, \"e will be glad to meet with
you to discuss any comments you might have. L'lthe meantime, if you have a::tyquestions,
~
Project Manager
BV:ng
Attachments
cc:
Mr. Mark Patterson, P.E., TxDOT Houston District
Mr. Manny Francisco, P.E .. TxDOT Houston District
KLOTZ
ASSOCIATES,
1160 Dairy Ashfocd
Suite 500
INC.
12811 589-7257
CONSUlTING
ENGINEERS
12811589-7309
Fox
email@klotz.com
September 27, 2004
Mr. Jesse Hegemier, P_E_
Fort Bend County
1124 Blume Road
Re:
Supplemental Agreement No.3
Additional Services for Diagrammatic Revision
FM 1464 from FM 1093 to SH 99
Klotz Associates Project No. 26209
Dear Mr. Hegemier:
Klotz Associates, Inc. is pleased to continue providing Professional Services for the abovementioned project. Supplemental Agreement No.3 with Attachments B, C and D can be
found attached to this letter which pertains to additional work required on the Diagrammatic
Design and subsequent revisions to the Environmental Assessment.
Klotz Associates, Inc. will be working in coordination with PBS&J, Corrigan Consulting and
Weisser Engineering to perform these tasks.
After you have had a chance to review the attached information, we will be glad to meet with
you to discuss any comments you might have. In the meantime, if you have any questions,
Project Manager
BV:ng
Attachments
cc:
Mr. Mark Patterson, P.E., TxDOT Houston District
Mr. Manny Francisco, P.E., TxDOT Houston District
STATE OF TEXAS
§
FORT BEND COUNTY
§
CONTRACT No: 12-2XXFS032
SUPPLEMENTAL
CONTRACT
AGREEMENT
FOR ENGINEERING
NO.3
SERVICES
THIS SUPPLEMENTAL AGREEMENT to contract for engineering services is made by and
between Fort Bend County, hereinafter called "County," and Klotz Associates, IIlC., hereinafter
called "Engineer", and becomes effective when fully executed by both parties.
WITNESSETH
WHEREAS, the County and Engineer executed a contract on July 8,2002 for engineering services
to provide a diagrammatic layout, survey and an environmental document of FM 1464 from
FM 1093 to SH 99 approximately 8.8 miles; and,
WHEREAS, Article 3, Contract Period, requires that the work under this contract shall terminate at
the close of business on June 30, 2004; and amended by Supplemental Agreement #2 to December
31, 2004, and,
WHEREAS, Article 4, Compensation, limits the maximum amount payable under this contract to
$361,465.88 and amended by Supplemental Agreement #1 to $425,039.36 and amended again with
Supplemental Agreement #2 to $710,132.10; and
WHEREAS, it has become necessary to amend the contract to increase the compensation and
contract period to provide engineering and environmental services to revise the typical section ofthe
ultimate FM 1464 design from a flush median to raised median and additional public involvement as
result of the change.
AGREEMENT
NOW, THEREFORE, the County and the Engineer, in consideration of the mutual covenants and
agreements herein contained, do hereby mutually agree that said contract is amended as follows:
I.
Attachment B, Services to be provided by the Engineer, is amended to add miscellaneous
Preliminary Engineering Services.
II.
Attachment D, Fee Schedule, is amended to increase compensation by $82,169.28.
III.
Article 3, Contract Period, is amended to extend from December 31, 2004 to December 31,
2005
IV.
Article 4, Compensation, is amended to increase the maximum amount payable under this
contract from $710,132.10 to $792,301.48.
All other provisions of the Contract are unchanged and remain in full force and effect.
Page I of2
Fort Bend County
FM 1464
IN WITNESS WHEREOF,
agreement in duplicate.
the County and the Engineer have executed this supplemental
KLOTZ ASSOCIATES, INe.
THE ENGINEER
By
By:
Robert E. Hebert
County Judge
~C;'C'=~
IH- 0 y
Date
D. Wayne Klotz, P.E.
Printed Name
Attest:
-~~IL!<~&(;,/Y:1.~-==-~
__
President
...
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AUDITOR'S t:;ERTIFI<;:ATE:
:: !'
.
I hereby certifythiJfJhe additional funds are
available to pay the County's obligation in
the amount of$ V.l6'ti2?'
.
.fJJJtjd:)
Ed SturdIvant
County Auditor
.
LIST OF ATTACHMENTS:
Attachment B Attachment C Attachment D -
Services to be provided by the Engineer
Work Schedule
Fee Schedule
Page 2 of2
Fort Bend Cnunty
FM 1464
ATTACHMENT
ADDITIONAL
SERVICES
B
TO BE PROVIDED
BY THE ENGINEER
Services for Supplemental Agreement #3 are for the Preliminary Engineering, EA Services
and Mapping to include the widening ofS.Barker Cypress approximately 800' north ofFM
1093. The scope of Services also includes the revision of the Typical Section for the entire
length from a continuous left turn lane to a raised median with left turn lanes at public road
intersections and services to conduct a Public Hearing.
Additional
Scope of Work to be Added to Contract:
Route aud Design Studies (FC 11 0)
1. Revise Diagrammatic
Layout to show 14' raised medians with I' curb offsets. Left
turn Lanes will be provided at all public road intersections. Stuart Corder provided
the basic geometry for the turn lanes which will have a 200' taper and a 330' storage
for an overall length of 530' from start of turnout to end of divider. The storage lane
will be 12' wide and the divider 2' from face to face.
2. Revise Typical sections to show raised medians.
3. Revise Diagrammatic Layout to show ultimate widening of S. Barker Cypress.
4. Cost Estimate will not be revised.
Social, Economic
and Enviroumental
Studies, and Public Involvement
(FC 120)
I. Coordinate
2.
3.
with sub-consultants.
Attend Public Hearing
See detailed attached proposals from PBS&J and Corrigan Consulting to conduct
Hazardous Materials Investigations, Wetland Delineations, Field Investigations,
Agency Coordination, revised Noise Analysis and Public Hearing.
Right of Way (Fe 130)
1. Coordinate
2.
with sub-consultant
performing
mapping of the parcel north ofFM
1093.
See detailed attached Proposal from Weisser Engineering to perform revisions to
Parcel Mapping due to alignment changes and to prepare ROW mapping for USACE
parcel along S. Barker Cypress.
Drainage
(FC 161)
1. No work will be performed under this category. The Drainage Report will be
finalized showing the continuous left turn lane.
Page 1 of 1
Fort Bend County
FM 1464
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ASSOCIATES,
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CONSUL
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€·"CINEERS
Attachment
D
Fort Bend County F\I 146..,
RQute Studies, En\'ironmental
Assessment and Oiagramatic
ESTIMATED
PLAN SHEET
T ASK DESCR\PTIO~S
REQUIREMENTS
1.'\ I \
Route :llnd D~ign Studies
1
,
f.
~eel with TxDOT and Coumy 10 discuss byOUls and
Findings
Public Hearing
Coordinate with Pipeline Companies
Meet Wilh Developer. and representalivcs
Sub Totals - FUT1Ction Code 110
Studies, llnd
3
2
.
I
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Sub Consultant Coordination(PBS&J)
b. Sub Consultant Coordination (Corrigan)
o. Attend Noise Workshop
Sub Totals - Function Code 120
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and base mapping
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5
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ItOTAL PROJECT
April 30, 2002
71
Page I
or
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,,[
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1
0
0
0
0
1
14
8
12
0
15
Fort Bend County
FM 1464
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
Attachment D
TOTAL SUMMARY
Fan Bend County FM 1464
Roule Studies. Environmental Assessment and Diagramatic
COST INFORMA TlON
BREAKOUT
OF REQUIREMENTS/REIMBURSABLES
CLASSIFICA
nONS:
KLOTZ ASSOCIATES,
RATE
Total
INC
Principal
Project Manager
Project Engineer
Sr.Engineer
Engineer
CAD TechlDgnr
Clerical
550.00
$37.50
527.50
536.50
$25.99
$21.22
$17.75
SUB·TOTAL
Estimated
Man-hours
LABOR
Overhead
FEE@
15
56
14
8
12
o
15
120
750.00
2,100.00
385.00
292.00
31188
0.00
266.25
54.105.]]
166.00%
$6,814.53
12.00%
51,310.37
TOTAL LABOR & FEE
$12,230.03
REIMBURSABLES
Mileage
Roll Plots
Reproduction (Commercial)
Deliveries & Other
$200.00
5500.00
5500.00
5200.00
TOTAL REIMBURSABLES
51.400.00
Klotz Associates
$13,630.03
$54,444.00
55,820.25
58.275.00
Environmental (PBS&J)
Environmental (Corrigan)
Weisser Engineering
TOTAL AMOUNT
$82,169,28
Fort
April 30. 2002
Page 1 of2
Bend County
FM 1464
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
Attachment
D
TOTAL SUMMARY
Fon Bend County FM 1464
KLOTZ ASSOCIATES, INC.
Labor
Function Code jl0
Function Code 220
Function Code 130
TOTALS
3.145.38
742.00
217.75
4.105.13
Profit
Overhead
166.00%
5,nU3
1,231.72
361.47
6,814.52
22.00%
1,004.01
236.85
69.51
1,310.37
Reimbursables
Mileage
Roll Plots
Reproduction (Commercial)
Detiveries & Other
9.370.72
2.210.57
648.73
12,230.02
$200.00
$500.00
$500.00
$200.00
TOTAL REIMBURSABLES
Klotz Associates
Environmental
(PBS&J)
Environmental
(Corrigan)
Weisser Engineering
$1,400.00
$13,630.03
$54,444.00
$5,820.25
$8,275.00
TOTAL AMOUNT
April 30, 2002
Total Fee
$82,169,28
Page 2 lJf2
Furt B\:nd Count:FM 140-+
An employee-owned company
D.Jf\ .,·"__
.c·
.~._--
,--'
.v"U
August 25, 2004
Mr. Barry Vanderwalt, P.E.
Klotz Associates, Inc.
1160 Dairy Ashford, Suite 500
~,:.........
':':';1: c..
PN 46068 I.00
Dear Barry:
Re:
FM 1464 from FM 1093 to SH 99, Fort Bend County, Texas
Supplemental Agreement
Additional Environmental Services
PBS&J appreciates the opportunity to submit this proposal to provide additional environmental services
in support of the above-referenced roadway improvements project. It is our understanding that in addition
to the supplemental scope of work outlined in our April 9, 2004, proposal letter, the following services are
also required. These services can be as additional scope of work.
I.
Noise Workshop - PBS&J will conduct one noise workshop at a central location along the FM 1464
alignment. A total of six stations, representing each of the six subdivisions requiring noise barriers,
will be present at the noise workshop to discuss the individual noise barriers details for each of the
subdivisions. Adjacent property owners will be notified by certified, return receipt mail of the noise
workshop. Handouts, including a noise barrier questionnaire and a summary of the TxDOT noise
abatement guidelines, will be provided. PBS&J will provide the following materials for each of the
six stations: noise barrier exhibit, schematic, and aerial photography showing the noise barrier
locations and receiver locations. PBS&J will provide six personnel to manage the noise barrier
stations and two personnel to manage the sign-in table and handout table. A letter report
summarizing the results of the questionnaires will be prepared. If a central location for the noise
workshops is not available and multiple workshops are necessary, these costs would be covered
under a separate supplemental agreement.
2.
Cultural Resource Surveys - It was previously stated that PBS&J would prepare an updated
Antiquities Permit (see enclosed letter). It has since been determined that a new antiquities permit
would be required for the additional cultural resource surveys. Therefore, PBS&J proposes to
prepare a supplemental Antiquities Permit application on behalf of TxDOT. It is our understanding
that TxDOT would be responsible for consultation with the THC and would forward the permit
application to the THe. PBS&J will address one set of written comments and submit a revised
permit application. PBS&J's principle investigator will directly coordinate with TxDOT ENV and
will attend one meeting to discuss the comments, as necessary. Furthermore, PBS&J will update the
Archeologist Survey Report and Architectural Resources Survey Report to include the findings of
the additional cultural resource surveys.
3.
Identify Adjacent Property Owners - PBS&J will review readily available records, such as
preliminary right-of-way maps and tax maps, to identify the adjacent property owners along the
1880 S Oalry Ashford St., Suite 300. Houston, Texas 77077-4760· Telephone, 281.493.5100· Fax, 281.4931047. www.pbsj.com
Page 2
August 25, 2004
preferred alignment identified in the Draft Environmental Assessment. A scientist will spend one
day at the county courthouse reviewing the available records and maps, and will record the names
and addresses of each property owner for the purpose of notifying them by mail of the public hearing
(see enclosed letter).
To date, the total authorized fee for environmental services is $132,041, not including the additional fee
of $38,366 to evaluate a new alternative design (see enclosed letter). We estimate an additional budget of
$16,078 is required to complete the above-described scope of work. A detailed cost estimate is provided
as Attachment A.
It is our understanding that the project limits have been extended an additional 200 feet north of FM 1093
since the last amendment was prepared, for a total project length of 1,000 feet. PBS&J will accordingly
extend the study area boundaries during the File Review task (see enclosed letter).
We would also like to take this opportunity to clarify the previously submitted scope of work for the
Public Hearing task (see enclosed letter). It should be noted that the public will be notified by mail in
addition to newspaper advertisements, and the mail outs will be postmarked 30 days prior to the public
hearing. It is also our understanding that TxDOT will be responsible for notifying public officials of the
public hearing.
These modifications to the project limits Public Hearing task are mentioned for
clarification purposes only; a revised fee estimate for these tasks is not necessary.
We are prepared to begin work on the above-referenced scope of work immediately upon receIvIng
written authorization.
Please feel free to contact me if you have any questions or need additional
information.
Very truly yours,
PBS&J
Melinda A. Goelz, P.G.
Project Manager
MG:SC
Enclosures
c:
Heather Niles
John Fulmer
Eugene Foster
4b0681.()1l
Attachment A
Detailed Cost Estimate
FM 1464 From FM 1093 to SH 99
CSJ. No 1415-02-032
April 2004
COST ESTIMATE
A.
LABOR
Classification
Associate
Project Mgr/Environ Mgr
Staff Engineer II/Sr. Scientist
Scientist
Tech III
Hours
4
19
53
40
40
Rate
$45.19
$41.58
$26.44
$20.93
$25.10
Labor
$180.76
$790.02
$1,401.32
$837.20
$1.004.00
Tech I
16
$20.00
$320.00
Clerical
10
$17.71
$177.10
Total Labor
182
$4,710.40
B.
OVERHEAD (170.00%)
$8,007.68
C.
EXPENSES
$1,833.30
D.
OPERATING MARGIN (12%)
$1,526.17
E.
PROJECT TOTAL FEE
1
$16,078
Page 1 of 3
Attachment A
CSJ No. 141S.Q2.Q32
Man-hour Estimate
Technical
Management
Description
,.
ENV
Associate
Senior
Scientist
MgrlPrinciple
Investiaator
Support
Scientist
Tech tll/
GIS Analyst
Tech 1/
GIS Analyst
Clerical
Total Hours
0
Noise Workshop
a. Prepare maHouts/maintain maHing list
b. Prepare exhibits/handouts
1
12
c. Attend noise workshop
5
35
d. Report
2
2
8
8
8
40
16
73
40
12
12
16
2. Cultural Resource SurveyS
Included in 09 April 2004 Fee Estimate
a. Prepare antiquities permit application
b. Address one set of written comments
2
c. Coordination with TxDOT
d. Update Archeology Survey Report
e. Update Architectural Resources Inventory Report
6
1
2
1
,.
3. Identify Ad·acent Property Owners
Total
1
2
6
4
Page 2 of 3
2
4
1
4
5
53
2
8
4.
4.
16
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8
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An employee-owned company
April 9, 2004
PN 460681.00
Dear Barry;
Re:
Proposal for Environmental Services
FM 1464 from FM 1093 to SH 99, Fort Bend County, Texas
New Roadway Design
PBS&J appreciates the opportunity to submit this proposal to conduct additional environmental
investigations in support of the above-referenced roadway improvements project. It is our understanding
that Fort Bend County is currently proposing to improve the existing two-lane facility by constructing two
additional travel lanes and a raised center median within in an 80- to 100-foot (ft) right-of-way (ROW).
We further understand that left-turn movements would be facilitated by median openings with left-turn
bays. It is also our understanding that Fort Bend County proposes to extend the roadway improvements
approximately 800 ft north ofFM 1093. The scope of work required for evaluation of these modifications
to the proposed design include the following;
I.
File Review - PBS&J will perform supplemental file reviews and field investigations to identify and
evaluate the potential impacts of the proposed improvements north of Farm-to-Market 1093
(FM 1093). The study area will extend 1,000 ft north, east, and west of the centerline of the
proposed roadway. Readily available resources and maps will be obtained and reviewed, including
but limited to published soil data, federal and state threatened and endangered species lists,
floodplain maps, archeological site records, and historic topographic maps.
The existing
environmental constraints map will be revised to include this information, and a copy of the revised
map will be included in the updated environmental assessment (EA) document.
It is our understanding that Corrigan Consulting, Inc. (CCI) will identify potential hazardous
material sites and potential wetlands under a separate contract. CCI will provide this information as
a GIS layer in an Arc View-compatible format for inclusion on the updated constraints map.
2.
Agency Coordination - PBS&J will resubmit coordination letters to the appropriate resource
~gencies requesting their review of the modifications to the proposed project and will respond
accordingly to comments received, if any. It is our understanding that the Texas Department of
Transportation (TillOT) will coordinate directly with the Texas Historical Commission (THC).
Copies of all correspondence will be included in the updated EA document as an attachment.
3.
Field Investigations - PBS&J will conduct field investigations to verify the information obtained
during the file review. Two biologists will spend one day in the field visually inspecting the study
area to identify the presence of protected species and their habitat. Prior to conducting the cultural
resource surveys, PBS&J will prepare an updated Antiquities Permit application and submit it to
1880 S. Dairy Ashford St., Suite 300· Houston, Texas 77077-4760. Telephone, 281.493.5100 • fax, 281.493.1047 • www.pbsj.com
Page 2
April 9, 2004
TxDOT for forwarding to THC. Upon receiving the updated Antiquities Pennit, PBS&J will initiate
the historic architectural resources survey and archeology survey. An architectural historian will
conduct a reconnaissance survey of the study area to identify and document potential architectural
resource sites that may be impacted by the proposed project. This survey will require one day of
field work in addition to round-trip travel from Austin to Houston, Texas. Two archeologists will
spend one day in the field conducting a pedestrian survey of the study area in order to identify
unrecorded archeological sites.
PBS&J will also provide differentially corrected global positioning satellite (DGPS) systemmapping assistance during the wetland delineation. An ecologist will spend a maximum of two days
in the field mapping the data point locations and wetland boundaries delineated by CCl. PBS&J will
then provide an electronic copy of the DGPS system data in an Arc View-<:ompatible fonnat to eCl
for preparation of their wetland delineation map. No background data, such as aerial photography or
ROW boundaries, will be provided. An ecologist will also accompany CCl during the U.S. Army
Corps of Engineers (USACE) field verification. One day is estimated for this effort. If any changes
to the mapped boundaries or additional data points are required, PBS&J will provide an electronic
copy of the revised DGPS system data in an Arc View-compatible format to eCl. CCl will submit
the final wetland delineation map to PBS&J or certification by a registered professional land
surveyor (RPLS).
4.
Noise Analysis - An additional noise analysis of the modified roadway design and extension will be
required to model existing and predicted noise levels. PBS&J will request the existing traffic data
from TxDOT. No field visits are planned at this time; however, one day of field work would be
required to record noise levels at identified receivers should there be no existing traffic data
available. An electronic version of the plan and profile in a MicroStation-compatible fonnat is
required for the noise analysis.
5.
Updated Environmental Assessment Document • PBS&J will update the draft EA document to
reflect the modifications to the proposed project and discuss the findings of the additional file review
and field investigations. All exhibits and attachments will be updated accordingly. PBS&J will
submit the updated draft EA document to Klotz and the TxDOT Houston District for review. A total
of 14 copies of the updated document will be submitted.
6.
Public Hearing - PBS&J will conduct a public hearing once approval for further processing of the
EA document has been received from the Federal Highway Administration (FHWA). The purpose
of the hearing is to present the findings of the preliminary engineering and environmental studies
and the recommended alignment for public input. Prior to the hearing, PBS&J will notify the public
in advance of the public hearing through the use of newspaper advertisements. PBS&J will prepare
the advertisement for approval by Fort Bend County and TxDOT. The notice will be published in
two issues of the Houston Chronicle and the Fort Bend/Southwest Sun newspapers.
The
advertisement will be published in Englisb and Spanish. Additionally, PBS&J will update the
previously identified key contacts with agencies, the news media, public officials, citizen groups,
neighborhood associations, the general public, and attendees of the previous public meeting, and will
notify each contact by certified mail.
460681,00
-------------------------------
Mr. Barry Vanderwalt, P .E.
Page 3
April 9, 2004
PBS&J will also locate and arrange facilities, audiofvisual equipment, court reporting services, and
other services required for the public hearing. PBS&J will prepare and provide handouts, comment
forms, comment box, sign-in sheets, nametags (pre-printed and self-adhesive), pens, and other
meeting supplies. PBS&J will also prepare and provide a mounted environmental constraints map
for display at the hearing. Klotz will be responsible for preparing and providing the engineering
exhibits, such as plan and profile drawings.
All public concerns and comments provided at the hearing will be noted. PBS&J will compile and
summarize the comments in a public hearing report. The report will include copies of the
advertisements, maiIout notices, and the mailing list; copies of sign-in sheets and comment forms;
summary and analysis of the proceedings and comments received; responses to the substantive
comments; copies of information distributed at the hearing; and selected photographs taken at the
hearing. Five color copies of the report will be provided to Klotz for distribution.
To date, the total authorized fee for environmental services is $132,041. We estimate an additional
budget of $38,366 is required to complete the above-described scope of work. A detailed cost estimate is
provided as Attachment A. In addition to the aforementioned conditions, this fee estimate also assumes
the following:
• Detailed environmental investigations are limited to the proposed ROW of the 800-ft extension
north of FM 1093.
Klotz will be responsible for determining ownership data and securing permission to enter private
property for purposes of the environmental investigations. This information will be made
available to PBS&J prior to commencement of field surveys.
• Assistance with the wetland delineation does not include coordination with the U.S. Army Corps
of Engineers, preparation of permit applications, wetland mitigation plans, or alternatives
analyses.
We are prepared to begin work on the additional environmental investigations immediately upon
receiving written authorization. Please feel free to contact me if you have any questions or need
additional information.
Very truly yours,
PBS&J
~&-f4
Melinda A. Goelz, P.G.
Project Manager
MG:se
Enclosures
Attachment A
PHS}
CSJ. No 1415.02·032
April 2004
COST ESTIMATE
A.
LABOR
Classification
Associate
Project Mgr/Environ Mgr
Staff Engineer II/Sr. Scientist
Scientist
Hours
12
22
110
138
Tech III
8
Tech I
32
45
Clerical
Total Labor
B.
OVERHEAD (170.00%)
C.
EXPENSES
D.
OPERATING MARGIN (12%)
E.
PROJECT TOTAL FEE
367
Rate
$45.19
$41.58
$26.44
$20.93
$25.10
$20.00
$17.71
Labor
$542.28
$914.76
$2,908.40
$2,666.34
$200.80
$640.00
$796.95
$8,891.53
$15,115.60
$11,477.95
$2,880.86
$38,3661
Page 1 of 3
Attachment A
PBSJ
FM 1464 From FM 1093 to SH gg
CSJ No. 1415.02·032
Man-hour Estimate
Desc::riptlon
1. File Review
2. Agency Coordination
3. Field Investigations
4. Noise Analysis
5. Updated EA Document
6. Public Hearino
Total
Associate
ENV Mgr
1
2
2
1
2
10
12
Support
Technical
Management
16
22
Senior
Scientist
4
26
24
24
32
110
Page 2013
Scientist
12
12
56
T.ch 1111 T.ch 1/
GIS Analyst GIS Analyst
Clerical
a
3
4
3
4
a
8
a
12
32
45
54
138
25
24
84
1
4
Total Hours
34
26
50
158
367
------
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\
CORRIGAN CONSUL rING, INc.
12000Aerospace Ave.,Suite 450
Houston,Texas 77034
(281) 922·4766 • Fax (281) 922-4767
April 1,2004
Mr. Barry Vanderwalt
Houston. Texas 77079
RE: Addendum 3 Scope of Work for FM 1464
Hazardous Materials and Wetlands
FM 1464: FM 1093 to Barker Dam
CCI Proposal Number: 04PR-I040
Dear Mr. Vanderwalt:
Corrigan Consulting, Inc. is pleased to propose our services to complete additional fieldwork
and report modifications for the hazardous materials assessment and identification/delineation
of wetlands for a proposed new SOO-footlength project area of FM 1464. The new project
area lies to the west of existing FM 1464 and is bounded to the south by FM 1093 and to the
north by Barker Dam and will have a 200-foot wide right-of-way. It is our I'fJderstanding that
the U.S. Army Corps of Engineers is the sole property Owner. The scope of work addendum
and detailed cost estimate are attached.
We appreciate the opportunity to be of assistance to Klotz Associates, Inc. If you have any
questions, please contact me or Ms. Kathy Williams, Project Scientist, at (281) 922-4766.
Sincerely,
~;4($; .
Gail A. Corrigan
President
KLW/mh
Enclosure
SCOPE OF WORK ADDENDUM 3 •
SERVICES TO BE PERFORMED BY THE SUBCONSUL TANT
Wetlands & HazMat Assessment
Additional Project Area FM 1464: FM 1093 to Barker Dam
The following scope of services covers the additional work for hazardous materials
assessment and wetland surveying for the widening of FM 1464 from FM 1093 to Barker
Darn in Fort Bend County, Texas. It is our understanding that FM 1464 would be widened to
the west of the existing roadway and that the preferred alignment be approximately 500 feet in
length and will have a 200-foot wide right-of-way (ROW). We also understand that this is the
only portion of the preferred alignment that will change from our original scope of work and
addendum.
Task IV (Tasks I, II & III included in the original scope of work and addendum)
A. Hazardous Materials
The Subconsultant will obtain right-of-entry from the property owner. It is our understanding
that the U.S. Army Corps of Engineers is the sole property owner. After receiving right-ofentry, the Subconsultant will perform a hazardous materials assessment of the additional
project area only. It is assumed that the project area will be 500 feet in length and 200 feet in
width. I:::t.:ad of having the preferred alignment staked in the field, the Engineer will provide
a person(s) to navigate us through the ROW via a GPS unit.
The Subconsultant will review the existing aeral photographs and regulatory records for the
new location area to identifY hazardous, toxic and radioactive waste (HTR W) sites. A visual
observation of the project area will then be made by a qualified environmental scientist to
reveal any indications of hazardous materials within this new location area. Verification of
the location and status of listed sites beyond the project area and adjoining properties is not
included in this scope of work. The scope of work for this addendum does not include
interviews with facility personnel, landowners, or local officials.
The Subconsultant will update the_previously completed Hazardous Materials Report to
reflect the findings relatecho the additional project area only. Th~ regulatory database search
will not be modified, but all text and appendices prepared according to the original scope of
work will be updated to reflect this additional area. Two copies of this report will be
submitted to the Engineer, one of which will be included as an appendix in the Environmental
Assessment (EA). The remainder of the project ",ill be completed according to Task III, Part
A. Paragraph 3, in the Scope of Work Addendum modification, as agreed to by the Engineer
and Subconsultant in October 2003. We will incorporate ONE set of comments on the
reportlEA Appendix from TxDOT-Houston and issue two copies of the final report 10 the
Engineer. Additional revisions or copies of the report will be completed for an additional
scope of work.
CORRIGAN CONSUL TING. INC.
B. Wetlands
The Subeonsultant will conduct a wetland delineation of the additional project area only. The
Engineer will provide a person(s) to mark the ROW during the field reconnaissance. This
person will also record any necessary data point locations, important features, and delineation
boundaries using a GPS unit. Right-of-entry will also be provided by the Engineer prior to
fieldwork initiation. The field effort and approach for the delineation ",ill follow the
requirements of the USACE Galveston District as specified by their Compliance Section.
Identification of potential jurisdictional wetlands will be based upon the routine determination
methodology published in the 1987 Corps of Engineers Wetlands Delineation Manual
(Technical Report Y-87-1) as amended by the USACE memoranda dated August 23 and 27,
1991, and March 6, 1992, and Qucstions & Answers to the 1987 Manual dated September 16,
1991, and October 7,1991. This methodology includes documentation of the changes of both
wetland and upland communities with representative data points (soil stations). Field
observations will be recorded on data forms.
The coordinates for each soil station and the wetland boundaries will be collected using the
GPS unit (provided by Engineer). The surveyed wetland boundaries must be located on ROW
maps for each project area and sealed or certified by a professional surveyor prior to submittal
of a verification request to the USACE. The GPS file depicting all collected field data for the
preferred alignment shift will be provided to the Subconsultant in an Arcview 3.2 format. The
Engineer will also provide the Subconsultant with a corrected preferred alignment layout in a
format usable in Arcview 3.2. The Subconsultant will revise all exhibits related to the
additional project area using :!:ese and previously recorded data We will forward (he exhibits
to the Engineer for certification by their surveyor. Upon receipt of the sealed exhibits from
thc Engineer, we will append them to the updated wetlands letter report. The Subconsultant is
not responsible for any surveying services described within this scol ....
One copy of the revised report will be provided to the Engineer for comments prior to
submittal to the US ACE Galveston District. We will incorporate one set of comments from
the Engineer before the updated letter report is submitted to the USACE Galveston District
for their concurrence. The Subconsultant will also request a verification of the wetland
delineation from the USACE Galveston District at this time. It is anticipated that the USACE
will require one site visit to the project area to verify the preliminary jurisdictional
determinations. The Subconsultant~1I accompany the USACE during the verifications. The
Engineer will provide a person(s) to guide the Subconsultant thiough the preferred alignment
ROW during the USACE field verification.
USACE requests for changes in wetland boundaries will be identified in the field and will be
included in the final survey results. From this point forward, the Subconsultant will revert to
the original scope of work (Task n. Part B, paragraphs 6 & 7). Upon receiving concurrence
from the USACE Galveston District, three copies of the final letter report will be submitted to
the Engineer; one copy for the project file, one copy for inclusion in the EA as an attachment,
and one copy for forwarding to the County.
CORRtGAN CONSUL TING, INC.
Preparation of a mitigation plan and permit coordination are not included in this scope of
work. If requested, a supplemental scope of work and fee estimate will be prepared for these
services.
CORRIGAN CONSUL TING. INC.
Additional
Estimated Cost
Wetlands & HazMat Assessment
Project Area FM 1464: FM 1093 to Barker
Item I: Records Review and Right-of-Entry
Review existing do/abase and aerials. obtain ROEfrom USACE
Direct Labor
S22.70lhour
Project Scientist
$34.IOlhour
Program Manager
S48.00lhour
Principal
$14.00lhour
Word Processing
Item 2: Field Reconnausance
Direct Labor
Project Biologist
Project Scientist
Quantity
Unit Cost
Item and Description
TASK IV
4
I
Dam
Total
2
Subtotal
$90.80
$34.10
$0
$18.00
$152.90 (labor)
$22.70lhour
S22.70lhour
6
6
Subtotal
$136.20
$136.20
$272.40 (labor)
$0.36/mile
200
NA
NA
S72.00
$30.00
$102.00 (expenses)
o
- Wetlands & Haz Mat
Direct Expenses
Mileage
Supplies (Film & Development)
Snbtotal
Item 3: Hazardous Materials Report
Update previously Completed Report For IncJusi(M in EA
Direct Labor
Project Scientist
$22.70lho\1r
Program Manager
$34.10Ibour
Principal
S48.00Ibour
Word Processing
$14.00Ibour
8
2
o
2
Subtotal
$181.60
$68.20
$0
$28.00
$277.80 (labor)
Direct Expenses
Report Copi.s
Deliveries
S20/copy
S25/d.livery
2
)
Subtotal
S40.00
$25.00
$65.00 (espenses)
The remainder of this item will be completed according to Task III, Part A, paragraph 3 in the
of Work Addendum.
.Scope
CORRIGAN CONSUL TING,/Ne.
Estimated Cost
Wetlands & HazMat AMessment
Fort
Item and Description
Item 4: Wetlands Letter Repnrt
Bend Connty,
Unit Cost
Texas
Total
Quantity
Update the Wetlands Letter Reporr. issue exhibits for certification. & submit one report to Engineer
Direct Labor
S22.701hour
4
S9O.80
Project Biologist
S22.701hour
4
$90.80
PrQject Scientist
S34.IOIhour
I
$34.10
Program Manager
Sl4.oolhour
I
$14.00
Word Processing
Subtotal
$229.70 (labor)
Direct Expenses
S20/copy
I
$20.00
Report Copies
S25/delivery
2
$50.00
Deliveries
Subtotal
570.00 expenses)
Address one set of client comments on revised report and submit to USACE
Direct Labor
S22.701ltour
2
Project Scientist
4
S22.701hour
Project Biologist
S34.101hour
0.5
Program Manager
S14.001hour
1
Word Processing
Subtotal
Direct Expenses
$20/copy
I
Report Copies
$25/delivery
Deliveries
2
Subtotal
$45.40
S9O.80
S17.05
S14.OO
5167.25 (labor)
S20.OO
S50.00
S70.00(expenses)
USACE Coordinatitm. Field Delineation Verification, Finolae Report
Direct Labor
Project Scientist
S22.701hour
8
S22.701ltour
12
Project Biologist
S34.10/hour
2
Program Manager
Word Processing
S14.001hour
2
Subtotal
Direct Expenses
Report Copies
$20/copy
I
Deliveries
•
S25/delivery
2
Mileage
SO.36/mile
200
Supplies (Fihn & Development)
NA
NA
Subtotal
SI81.60
5272.40
568.20
$28.00
5550.20 (labor)
S20.OO
S50.OO
S72.00
S30.OO
5172.00( expenses)
The remainder of the project will be completed according to Task II, Part B, paragraphs 6 & 7
in the original scope of work.
CORRIGAN
CONSUL riNG. INC.
Estimated Cost
Wetlands & HuMat Assessment
TASK IV
Direct Labor
Overhead (189"10)
$1,650.25
3,118.97
4,768.97
Total Labor
Fixed Fee (12%)
Total
55,341.25
Direct Expenses
5479.00
PROJECT ADDENDUM TOTAL
572.28
55,820.25
CORRIGAN CONSUL riNG, INC.
(FR~l
FROM
9
S' 04
13
47/ST
i.3:47/NO.
4260066181
p
O
WEISSER
Engineering Co.
19500 Pari< Row. Suite 100.
Houston, Texas nOM
219315. Houston. Texas 77218
POBox
Phone (281) 57!H300.
Fa. (ZB1} 8Z8-0055
September 3, 2004
1160 Dairy Ashford
A ITENTION:
Phone: (281) 589-7257
Fax: (281) 589-7309
Mr. Barry Vanderwalt, P-Eo
RE: FM 1464 Supplemental Work Authorization No_ 2
Dear
Mr. Vanderwalt,
Pursuant to your recent request, Weisser Engineering Company is pleased to propose the following
professional services and related fees for the above-described project. Based upon review of the graphic
files provided and our discussions, the following depicts the proposed scope:
I)
Modify existing map sheets and parcel maps to reflect the new project baseline, stationing &
offsets and update the overall graphic x-reference background to parcels
2)
Prepare easement/agreement mapping for the portion needed from the Cmps of Engineers
property with one (1) modification included after submittal
Weisser Engineering Company is pleased to provide the above-proposed services on a lump sum basis
for $8,275.00 (EIGHT THOUSAND TWO HUNDRED SEVENTY -FIVE DOLLARS and NO CENTS).
We anticipate a completion of the project services within approximately three (3) working weeks,
contingent upon acts of God, mclement weather and upon written notice to proceed.
U:\DonM\CONTRAC1\
WEC.ConD'icuIJ<LOTZ\FM
1464Supplement41l.doc
2
(~F.;\
FROM
9.
3· 04
;3
43/ST
is:47/NO.
4260066181
?
We appreciate the opportunity to provide this proposal. If this proposal!s acceptable, please execute and
return one (I) copy to our office. If you have any questions or comments, please do not hesitate to call,
directly at (281) 579-9800, ext. 300 or on my cellular, (832) 526-4720.
Sincerely,
./
Don T. Maler, R.P.L.S.
Land Surveying Department Director
1,
, hereby accept the above stated proposal and authorize Weisser Engineering
Company, Inc. to perform the above referenced professional surveying and drafting services. 1 agree to
provide payment in full for said services within thirty (30) days following the date of transmittal.
Signature
U:\OonM..CON TRACnWE.c.
17171 Parlt
Name Printed
Date
Contract$'KLOTZ\FM 1464$upplemernal.doc
Row, Suile
100 .. l-lovslon,
Texas-
nOSA • P 0 BQ.II 210315 • l-louslorl,
r CX03 77218 • Phone (281)
579-7300
• Fltx (2f1 1)
579-7571
'3
RECORDED ON
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COMMISSIONERS
FORT BEND COUNTY
"GE.NDi~,ITEM
DATE SUBMITTED:
SUMMARY OF ITEM:
OFFICE
SUBMITTED BY: P.BA1'!SlJGf2IIl'< COORDIIIMORIAGENDA
D EPAR TMENT: 043-l2IiIIlEEIlDIG
#
PHONE NO.:
(281) 633-7507
31( C.
11/l/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
11/9/04
TAKE ALL APPROPRIATE
ACTION '1'0 APPROVE THE TRAIISIIITTAL OF caI'rRACTOAL AGREEIIEIlT FOR
(90/10 REIIIIlllRSEIIE
FRaI TlIDOTIRllGllRllIIIG l1I762@2759,PCT.l.
RIGII'r OF IIAY l'llOClIl<QItWr
Yes ( )
LIST SUPPORTING
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITEM:
N/A()
Funding Source:
Agency
Object
Al'lNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( .;' when completed)
If by E-Mail to ospindon!iico.fort-bend.tx.us
If by Fax to (281) 341-8609
( ) Comm. Pet. I
(281-342-0587)
(281·341-3774)
( ) Auditor
(281-403-8009)
(281-344-3954)
( ) Comm. Pet. 2
( ) Budget Officer
(281-242-9060)
(281-341-4557)
(
)
Comm.
Pet.
3
( ) County Attorney
(281-980-9077)
(281-341-8642)
( ) Comm. Pet. 4
(281-341-8697)
( ) County Clerk
1.
2.
3.
Completely fill out agenda form~ incomplete forms will not be processed.
Agenda Request Forms may be submitted bye-mail. fax, or inter·office mail. and all information must be provided by
RECOMMENDATION
/ ACTION REQCESTED:
~*
I
Texas Department of Transportation
P.O. BOX 1386'
HOUSTON, TEXAS 77251-1386'
(713) 802-5000
October 21, 2004
CONTACT: ROW
Transmittal of Contractual Agreement for Right of Way Procurement
ROW CSJ 0543-03-058
FM 762 @2759
Fort Bend County
Mr. D. Jesse Hegemier, P.E.
Fort Bend County Engineer
P. O. Box 449
1124 Blume Road
Dear Mr. Hegemier:
In reference to your letter dated October 18, 2004, requesting 90/10 reimbursement on the above
subject project. Transmitted herewith please find triplicate copies of the Contractual Agreement
for Right of Way Procurement.
Accordingly, it is hereby requested that the respective agreement be executed in triplicate. If
additional information is required, please contact Ms. Carol Letz at (713) 802-5689 or
Ms. Kimberly Nicholes at (713) 802-5674.
o/-~~~~,P.E.
Director of District Right of Way
Houston District
BM
Attachments
cc: Ms. Carol Letz
Ms. Kimberly Nicholes
An Equal Opportunity Employer
Form ROW-RM-37
Replaces Form ROW-RM-3'7
Re\'.3/2004
GSD-EPC
Page 1 of 5
CONTRACTUAL
County: Fan Bend
District: Houston
and ROW-RM-38
AGREEMENT
FOR RIGHT OF WAY PROCUREMENT
Federal Project ]\io:
HIghway: FM 76:
- LOCAL GOVERNMENT
ROW CSJ No: 0543-03-058
This Agreement bv and between the State of Texas, acting by and through the Texas Department of Transponation,
hereinafter called the State, and Fon Bend County.Texas. acting by and through its duly authorized official pursuant to an
Ordinance or Order dated the
day of
'.
2004 hereinafter called the Local Government. shall be
effective all the date of approval alld executioll bv alld 011 behalf of the State.
WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. FM 762 at FM
2759. and which section of highway improvements will necessitate the acquisition of certain right of way; and
WHEREAS,
it is agreed such right of way purchase shall be a joint effort of the State and the Local Government;
NOW, THEREFORE
be it agreed that acquisition of such right of way shall he in accordance with the terms of this
agreement and in accordance with the Texas Department of Transportation Right of Way Manual and all applicahle Federal
and State laws governing the acquisition policies for acquiring real property. The State hereby authorizes and requests the
Local Government to proceed wlth acquisition and the State agrees to reimburse the Local Government for its share of the
cost of such right of way, providing such acquisition and reimbursement are accomplished according to the provisions
outlined herein and agreed to by bDth parties hereto.
Locatioll Surveys alld Preparatioll o.fRight of Way DaIa: The State, withDut CDstto the Local Government, will do the
necessary preliminary engineering and title investigation in order to supply to the Local Government the data and
instruments necessary to obtain acceptable title to the desired right of way,
Determination of Right of Way Values: The Local Government agrees to make a determination of property values for each
right of way parcel by methods acceptable to the State and to submit to the State's District Office a tabulatiDn Dfthe values
so determined, signed hy the apprDpriate Local Government representative. Such tahulatiDns shal1hst the parcel numbers,
ownership. acreage and recommended compensation. Compensation shall be shown in the component parts of land taken.
itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the
owner retains improvements, This tabulation shall be accompanied by an explanation to suppon the determined values,
together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the
Local Government at its expense without cost participation by the State. The State will review the data submitted and may
base its reimbursement on the values which are determined by this reviev.'. The State. however. reserves the right to perform
at its own expense any additional investigation deemed necessary. including supplemental appraisal work by State
employees or by employment of fee appraisers, all as ma:y be necessary for determination of values to constimte the basis for
State reimbursement. If at any stage Df the project develDpment it is determined hy mutual agreement between the State and
Local Government that there shDuld be waived the requirement that the Local Government submit to the State property
value determinations for any pan of the required right of way. the Local Government will make appropriate written notice
to the State of such waiver. such notice to be acknowledged in writing by the State. In instances of such waiver. the State by
its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement.
The State will nOtify the Local Government as soon as possible as to the State's determination of value,
Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State: however. the Local Government will notify the State immediately prior to closing the transaction so
that a current title investigation may be made to detemune if there has been any change in the title. The Local Government
wil\ deliver properly executed instruments of conveyance which. together with any curative instruments found to be
necessary as a result of the State's title investigation. will properly vest good and indefeaslble title in the State for each right
of way parcel involved. The Local Government will also deliver to the State an owner's policy of title insurance for each
parceL except as otherwise specifically approved by the State, Upon payment to the property owner of the agreed purchase
lVegotiariolls:
Fonn RO\\'-RM-37
Re\".3/2004
Page2of5
price. the Local Government is authorized and directed to secure for the State possession of each parcel in accordance with
all applicable Federal and State laws governing relocation assistance. notices to vacate and forcible detainer. The costs
incidental to negotiation. recording the right of way insrruments, and securing possession of the parcels will be the
responsibility of the Local Government. The cost of title insurance. closing services and all costs of relocation assistance as
authorized by applicable Federal and State laws will be the responsibility of the State.
Administrative Settlements: After the offer has been delivered to the property owner. and prior to the Commissioners'
Hearing, the property owner may deiiver one written counteroffer ("Administrative Settlement Proposal") to the Local
Government. The Local Government will evaluate the Admimstrative Settlement Proposal and make a recommendation of
approval or disapproval to the State through the State's appropriate District Office. The District Omce will then submit the
Administrative Settlement ProposaL together with the Local Government and District recommendations. to the State RIght
of Way Division office for final approval in accordance with current State procedures. The State's approval of the
Administrative Settlement Proposal is only for purposes of closing the purchase of the property prior to the Special
Commissioners' Hearing. In the event a closing of the purchase does not occur prior to the hearing, the Statel s approval is
automatically. without further action. withdrawn. and the State will panicipate only in the original approved value. In the
event the State does not approve the Administrative Settlement Proposal. and the Local Government elects to purchase the
property at a value greater than the original approved value. the State's panicipation in the purchase price will apply only to
the original approved value, and the Local Government will pay one hundred percent (100%) of the costs which exceed the
original approved value. even if the applicable county qualifies as an economically disadvantaged county.
Condemnation: Condemnation proceedings will be initiated at a time selected by the Local Government and will be
the Local Government's
responsibility at its own expense except as hereinafter indicated. The Local Government
will obtain from the State without cost current title information and engineering data at the time condemnation is to
be initiated. Except as hereinafter set forth the Local Government will concurrently file condemnation proceedings
and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court
will decree title and possession to the property condemned to the State. The Local Government may, as set forth
herein under "Excess Takings" and where it is determined to be necessary. enter condemnation proceedings in its
own name. Property acquired in the Local Government's name for the State must comply with requirements set
forth in the engineering data and title investigation previously furnished to the Local Government by the State at
such time as the Local Government conveys said property to the State.
Court Costs. Costs of Special Commissioners' Hearings and Appraisal Expense: Court costs and costs of Special
Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on
behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception
of recording fees, will be eligible for ninety percent (90%) State reimbursement under the established reimbursement
procedure provided such costs and fees are eligible for payment by the State under existing law. Where the Local
Government uses the State1s appraisers employed on a fee basis in Special Commissioners' Hearings or subsequent appeals,
the COStof the appraiser for updating the report, for preparing new repons, preparing for court testimony and appearing in
court to testify in suppon of the appraisal will be paid direct by the Local Government. but will be eligible for ninety
percent (90%) State reimbursement under established procedure provided prior approval for such appraiser has been
obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule
set forth 10 the appraiser's contract for appraisal services with the State.
Excess Takings: In the event the Local Government desires to acquire land in excess of that requested bv the State for right
of way purposes. the State's cost partiCipation will be limited to the property needed for its purposes. If the Local
Government electS to acquire the entire property. including the excess taking. by a single instrument of conveyance or in
one eminent domain proceeding. the property involved will be acquired in the name of the Local Government and that
portion requested by the State for right of way will be separately conveyed to the State by the Local Government. When
acquired
by negotiation. the State's participation will be based on the State's approved value afthat part of the property requested for
right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government.
When acquired by condemnation. the State's participation will be in the proportionate part of the final judgment amount
computed on the basis of the relationship of the State's approved value to the Statels predetermined value for the whole
property·.
Form ROW·R1\1·37
Re\'.3/2004
Page 3 of 5
Improvements: Property owners will be afforded an opponunity in the negotiations to retain any or all of their
improvements in the right of way taking. In anticipation of the owner desiring to retain improvements. the State's
approved value will include the amounts by which the upper limit of State participation will be reduced for the
retention. It is further agreed that the upper limit for the State's panicipation in the Local Governmentls cost for an
improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement
which is to be moved by either the Local Government or the owner. In the event improvements which are. in whole
or part. a part of the right of way taking are not retained by the owner. title is to be secured in the name of the State.
The State will participate in the acquisition of a structure severed by the right of way line if the part of the house. building or
similar structure which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage left.
provided that the State's value is established on this basis and provided that title to the entire structure is taken in the name
of the State. The State sha1l dispose of a1l improvements acquired. The net revenue derived by the State from the disposition
of any improvements sold through the General Services Commission will be credited to the cost of the right of way procured
and shared with the Local Government.
Relocation of Utilities: If the required right of way encroaches upon an existing utility located on its own right of way and
the proposed highway construction requires the adjustment. removal or relocation of the utility facility. the State will
establish the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting
increase in the value to the utility and less any salvage value obtainable. may be obtained by either the "actual cost" or "lump
sum" procedures. Reimbursement under "actual cost" will be made subsequent to the Local Government's certification that
the work has been completed and will be made in an amount equal to ninety percent (90%) of the eligible items of cost as
paid to the utility owner. The "lump sum" procedure requires that the State establish the eligibility of the utility work and
enter into a three-party agreement with the owners of the utility facilities and the Local Government, which sets forth the
exact lump sum amount of reimbursement as approved in such agreemem. The utility wi11be reimbursed by the Local
Government after proper certification by the utility that the work has been done. said reimbursement to be based on the prior
lump sum agreement. The State will reimburse the Local Government in an amount equal to ninety percent (90%) of the
firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum
approved value sha1l not exceed $20.000. except as specifica11y approved by the State. In those cases where a single
operation is estimated to exceed $20,000. the transaction will be brought to the attention of the State for determination of
proper handling based upon the circumstances mvolved. Such utility firm commitment wi11be an appropriate item of right of
way. The adjustment. removal or relocation of any utility line on publicly owned right of way by sufferance or permit will
not be eligible for State reimbursement. Tne term "utility" under this agreement shall include publicly, privately and
cooperatively owned utilities.
Fencing Requirements: The Local Government may either pay the property owner for existing right of way fences based on
the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way
taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended
value and the approved value. or the Local Government may do the fencing on the property owner's remaining propeny.
Where the Local Government performs right of way fencing as a part of the total right of way consideration. neither the
valu!:
!:xisting right of way fences nor damages for all unfenced condition will be included in the recommended value or
the approved value. State participation in the Local Government's cost of constructing right of way fencing on the propertj'
owner's remainder may be based on either the actual cost of the fencing or on a predetermined lump sum amount. The State
will be given credit for any salvaged fencing material and will not panicipate in any overhead costs of the Local
Government.
or
If State participation is to be requested on the lump sum basis. the State and the Local Government will reach an agreement
prior to the actual accomplishment of the work as to the necessity. eligibility and a firm commitment as to the cost of the
entire fencing work to be performed. The foregoing is subject to the provision that the lump sum approved cost shall not
exceed 520,000. except as specifically approved by the State. In the event the cost of the fencing is estimated to exceed
520.000, the transaction will be brought to the anemion of the State for determination of proper handling based upon the
circumstances involved.
Reimbursement: The State will reimburse the Local Government for right of way acquired after the date of this agreement
in amount not to exceed ninety percent (90~'o) of the cost of the right of way acquired in accordance with the terms and
Form ROW-Rlvl-3i
Rev. 3/2004
Page 4 of5
provisions 6fthis agreement. The State's reimbursement will be in the amount ofninery percent (90%) of the State's
predetermined value of each parcel. or the net cost thereof, whichever is the lesser amount. All requests by the Local
Government for reimbursement shall comply with the then current reimbursement submission requirements set forth in the
Texas Department of Transportation Right of Way Manual.
If condemnation is necessar:' and title is taken as set forth herein under the section entitled "Condemnation", the panicipation
by the State shall be based on the final judgment. conditioned upon the State having been notified in writing prior 10 the
filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become
a party to the suit at any time for all purposes. including the right of appeal at any stage of the proceedings. All other items of
cost shall be borne by the State and the Local Government as provided in other sections of this agreement.
If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government
the amount of ninety percent (90%) of the predetermined lump sum cost of the right of way fencing or utility adjustment.
in
If the Local Government prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State
will reimburse on the actual cost of such fencing or adjustments. The Local Government's
request for reimbursement will
be supported by a breakdown of the labor, materials and equipment used.
Inspecrion of Books and Records: The Local Government shall maintain all books, papers, accounting records and other
documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if
federally funded, the Federal Highway Administration (FHW A) or their duly authorized representatives for review and
inspection at its office during the contract period and for four (4) years from the date of completion of work defined under
this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly
authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for
the purpose of making audits. examinations, excerpts. and transcriptions. The State auditor may conduct an audit or
investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract
under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this
agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to
conduct an audit or investigation in connection with those funds.
General: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the
State which is needed and not yet dedicated, in use or previously acquired in the name of the State or Local Government
for highway, street or TOadpurposes. This agreement shall also apply, with regard to any existing right of way, to outstanding
property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and
requested by the State.
It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by
the tenns of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the
State and the Local Government.
RECORDEDON
\\_\,,\l'\
IN THE COMMISSION~ COURT
MINUTES OF.
-~JJl..
Form ROW-RJ\.1-3'7
Re.\'.312004
Page 5 of5
EXECUT10N RECOMMENDED:
District Engineer, Houston DIstrict
Title:
Date:
12olltr~ Ke.b«(f,
ii-
Co""ty JlA.d'jc..
'1. 0'1
THE STATE OF TEXAS
Executed and approved for the Texas Transponation
Commission for the purpose and effect of activating
andior carrying out the orders, established policies or
work programs heretofore approved and authorized
by the Texas Transportation Commission.
By:
_
John P. Campbell, P.E.
Director, Right of Way Division
...
FORT BEND COUNTY
COMMISSIONERS
SUMMARY OF ITE:I<t:
11/9/04
- COUNTY JUDGE'S
OFFICE
TAKE ALL APPRllPRIATE
llCTIlXl ro AIITIIORIZE PA'fIIEIl'r OF $725,000
ro TlWOT FOR FORT IlI'JII)
OlOlITY'S
SHARE OF lII1464
IIIPROVIIIIEIl' AT TIlE IiESTPARK Dn:EI<SECTIOIl,PCT.3.
(F1JllD:230-0434301-78311
IIJBILITY
BlB> PRllJECT#59
RENEWAL CONTR.-\CT/AGREEMENT:
LIST SUPPORTING
i eN'
SUBMITTED BY: P.lIM'TSlAGEIIDA
COORDIIlAroRIAGENDA
DEPARTME:'IT:
043-EHGIIlEERIIIG
#
PHONE NO.:
(281) 633-7507
3 4D
11/1/04
COURT AGE;'IDA DATE:
--
COURT AGENDA REQUEST FORl\'1
RETUR.'1 TO: AGE:'IDA COORDINATOR
DATE SUBMITTED:
Hera'",U"',
Yes ()
:";0 (
)
DOCU:vtENTS ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes ( )
Fund
,,"0 ()
~'iNCALIZED
ITEM:
N/A ( )
Funding Source:
Agency
Object
DOLLARS:
One Time
COMMENTS:
()
Recurring
()
N/A
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( '" when completed)
If by E-Mail to ospindonrQ:co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
Instructions
1.
2.
3.
for submitting
an Agenda Request:
Agenda Request Forms may be submitted b,., e-mail, fax, or inter-office mail, and all information must be provided by
REco~nIE:";DATlO'i
I ACTlO'i REQCESTED:
~*
I
P.O. BOX 1386'
HOUSTON, TEXAS 77251-1386'
(713) 802-5000
October 26, 2004
CONTACT,
PLAN REVIEW
BY CERTIFIED MAIL #7004 0750 000184825249
Fort Bend County
CSJ 1415-02-035
FM 1464: 200' North ofFM 1093 to
350' South of Westpark Tollway
County Engineer
1124 Blume Road
Dear Mr. Hegemier:
The subject project is currently scheduled to let for construction on November 9 or
November 10, 2004. Per the terms of the funding agreement between the Texas Department of
Transportation (TxDOT) and Fort Bend County (County), TxDOT agreed to notify the County,
prior to letting of the amount of funds payable by the County to TxDOT for this project.
The attached cost calculation worksheet details the funding responsibilities for the project. The
County is responsible for 50 percent of the project costs which is currently estimated to be
$725,000.
Please consider this letter as your notification that a payment of $725,000 is now due and
payable to TxDOT for the County's funding participation for this project. Should the actual bid
price for the project be higher or lower than the estimated amount, TxDOT will notify the
County of an adjustment to the County's funding share.
An Equal Opponunity
Employer
October 26, 2004
Page 2
We request that you expedite this payment. We will be unable to award a construction contract
to the low bidder for the project if we do not have the County's financial participation.
If you should have any questions concerning this matter, please contact Ms. Darlene Taylor of
this office at (713) 802-5864.
Sincerely,
~~c#'-Director of Transportation
Planning and Development
Houston District
DDT
cc: Mr.
Mr.
Ms.
Mr.
Ms.
James W. Koch, P.E.
Mark D. Patterson, P.E.
Darlene D. Taylor
David Williams
Paulette Batts
May 4, 2004
25,
EMERGENCY
MANAGEMENT:
Take all appropriate
action on request to transfer the
amount of $3,474 from Contingency
(045-0450-4040)
into Emergency
Management,
Temporary-Part-time
(046-0460-0200) $3,200, Social Security (046-0460-0300) $245, and
Worker's CompensationlUnemployment
(046-0460-0600) $29 to allocate funds for temporary
assistance while Administrative Coordinator is on medical leave.
Moved by Commissioner
Patterson. Seconded by Commissioner Meyers, duly put and
Contingency (045-0450-4040) into Emergency Management, Temporary-Part-time
(046-04600201) $3,200, Social Security (046-0460-0300) $245, and Worker's Compensation/Unemployment
(046-0460-0600) $29 to allocate funds for temporary assistance while Administrative Coordinator
is on medical leave.
Judge Hebert
26.
Commissioner Meyers
yes
absent
yes
yes
yes
ENGINEERING:
A, Take aU appropriate
action on the Agreement between Fort Bend County and Pate
Engineers for Engineering
Services in connection with revision of the Preliminary
Engineering Report for Development of a New Park and Ride at State Highway 36
(Fairgrounds)
in an amount not to exceed $6,965.00, Pet. 1, and determine funding
source.
Meyers, Seconded by Commissioner Patterson, duly put and
unanimously carried (4-0), it is ordered to approve agreement between Fort Bend County and Pate
Engineers for Engineering Services in connection with revision of the Preliminary Engineering
Report for Development of a New Park and Ride at State Highway 36 (Fairgrounds) in an amount
not to exceed $6,965,00, Pct. L Funding: Non-Departmental Fees & Services 045-4010
Judge Hebert
Commissioner Meyers
yes
absent
yes
yes
yes
action on the Local Transportation
Project Advance Funding
Agreement for a Surface Transportation
Program between Fort Bend County and Texas
Department of Transportation
for work regarding fM146f from 200 Feet North of FM
1093 to 1,000 Feet South of Fort Bend Westpark Tollway, for an amount not to exceed
$725,000, Mobility Bond Project #59, Pet. 3.
Funding Agreement for a Surface Transportation Program between Fort Bend County and Texas
Department of Transportation for work regarding FMI464 from 200 Feet North of FM 1093 to
1,000 Feet South of Fort Bend Westpark Tollway, for an amount not to exceed $725,000, Mobility
Bond Project #59, Pct. 3.
Judge Hebert
yes
absent
yes
Commissioner Meyers
7
yes
yes
~*
I
P.O. BOX 1386' HOUSTON, TeXAS 77251·1386'
(713) 802·5000
July 20, 2004
CONTACT: PLAN REVIEW
BY CERTIFIED MAIL #70031680000049303493
Fort Bend County
CSJ 1415-02-035
FM 1464: 200' North ofFM 1093 to
350' South of Westpark Tollway
County Engineer
1124 Blume Road
Dear Mr. Hegemier:
Please find attached one fully executed original counterpart of a funding agreement for the
subject project. This agreement is for the improvements to FM 1464. We request that you retain
this agreement in your permanent records.
If you should have any questions concerning this matter, please contact Ms. Darlene Taylor of
this office at (713) 802-5864.
Sincerely,
R~.ik.·~6~
Raj K. Syal, P.E.
Director of Plan Review
Houston District
DDT
Attachments
cc: Mr. Gabriel Y. Johnson, P.E.
Mr. James W. Koch, P.E.
Mr. Mark D. Patterson, P.E.
Ms. Darlene D. Taylor
Mr. David Williams
An Equal Opportunity
Employer
Fort Bend County
CSJ: 1415-02-035
FM 1464: 200' North of FM 1093
to 350' South of
Westpark Tollway
STATE OF TEXAS
§
COUNTY OF TRAVIS
§
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
ForA
SURFACE TRANSPORTATION PROGRAM METROPOLITAN MOBILITY REHABILITATION
THIS AGREEMENT (the Agreement) is made by and between the State of Texas,
acting by and through the Texas Department of Transportation hereinafter called the
"State", and Fort Bend County, acting by and through its duly authorized officials,
hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA)
and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23
U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of
protecting and enhancing communities and the natural environment and advancing the
nation's economic growth and competitiveness; and,
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation
improvements to implement its public purposes; and,
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish
that the State shall design, construct and operate a system of highways in cooperation
with local governments; and,
WHEREAS, the State and the Local Government desire improvements to FM 1464
from 200' North of FM 1093 to 350' South of Westpark Tollway, as shown on the Map
in Attachment A, to be hereinafter identified as the "Project"; and,
WHEREAS, the Local Government has offered to participate in the development and
construction of the Project by providing funding; by preparing or having prepared by a
consultant the preliminary engineering which includes, but is not limited to, perform field
surveys; prepare a drainage study; design plans, specifications and estimates (PS&E);
AFA Long Generic
Page 1 of 12
4/27/2004
complete acquisition of right of way; identify any required utility adjustments; and
providing other necessary items as required by the State hereinafter called the
"Project"; and,
WHEREAS, the State and the Local Government executed an agreement on the 30th
day of April, 2001 for the development of the preliminary engineering for FM 1464. The
agreement specifies that the Local Government has the responsibility of providing items
associated with preliminary engineering generally described as right of way mapping,
property descriptions, and schematic layout for FM 1464. The limits of the subject
Project is included within the scope of this agreement; and,
WHEREAS, the State will secure its funding share, perform the environmental
assessment, provide necessary environmental documentation and permits, provide any
required public meetings, provide any necessary environmental mitigation, arrange for
the adjustment of utilities, review the PS&E, let the construction contract, provide the
construction inspection and provide other items as required; and,
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and,
WHEREAS, on January 29, 2000 the Texas Transportation Commission passed Minute
Order 107737, authorizing the State to undertake and complete a highway improvement
through the expenditure of discretionary funds; and,
WHEREAS, the Governing Body of the Local Government has approved entering into
this Agreement by resolution or ordinance dated
,"q~
'6 2..00 It
which is
attached hereto and made a part hereof as Attachment
for the partiCipation In the
development and construction of the Project; and,
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until the
Project is completed or unless terminated as provided below.
2. Scope of Work
The State and the Local Government agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission.
The
scope of the Project is to prepare the environmental assessment, right of way maps,
property descriptions, schematic layout; perform field surveys; prepare a drainage
AFA Long Generic
Page 2 of 12
4/27/2004
study; conduct public meetings/hearings;
prepare plans, specifications
and
estimates (PS&E); complete acquisition of right of way; construct the Project
(including grading, paving, structures, etc. as applicable); and any other work
necessary to perform preliminary engineering.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget Attachment C which is attached hereto and made a part hereof. The expected
cash contributions
from the federal or State government,
the Local
Governments, or other parties is shown in Attachment C. The State will pay for
only those project costs that have been approved by the Texas Transportation
Commission.
b. This project cost estimate shows how necessary resources for completing the
project will be provided by major cost categories. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs
of environmental
assessment
and remediation;
(4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
c. The State will be responsible for securing the Federal and State share of the
funding required for the development and construction of the local project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, including any overruns in excess
of the approved local project budget unless approved otherwise in an
amendment to this Agreement.
e. Prior to the performance of any engineering review work by the State, the Local
Government will remit a check or warrant made payable to the "Texas
Department of Transportation" in the amount specified in Attachment C. The
Local Government will pay at a minimum its funding share for the estimated cost
of preliminary engineering for the project.
f. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs.
g. In the event the State determines that additional funding is required by the Local
Government at any time during the Project, the State will notify the Local
Government in writing. The Local Government will make payment to the State
within thirty (30) days from receipt of the State's written notification.
h. Upon completion of the Project, the State will perform an audit of the Project
costs.
Any funds due to the Local Government, the State, or the Federal
government will be promptly paid by the owing party.
i. The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for
the indirect costs the State incurs on the local project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
project.
AFA Long Generic
Page 3 of 12
4/27/2004
k. If the project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, the budget
in Attachment C will clearly state the amount of the fixed price or the incremental
payment schedule.
\. The Texas Comptroller of Public Accounts has determined that certain counties
qualify as Economically Disadvantaged Counties in comparison to other counties
in the state as below average per capita property value, and below average per
capita income, and above average unemployment, for certain years.
This
Agreement reflects adjustments to the standard financing arrangement based on
this designation.
m. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
The State will not execute the contract for the construction of the project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by
all parties, unless:
a. the Agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Agreement. Any cost incurred due to a breach of
contract shall be paid by the breaching party.
c. After the PS&E the Local Government may elect not to provide the funding and
the Project does not proceed because of insufficient funds; the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the project.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or
terms of the Agreement, or responsibilities of the parties relating to the Project may
be enacted through a mutually agreed upon, written amendment.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of
by either party to this Agreement and shall be cumulative.
7. Utilities
If the required right of way encroaches upon existing utilities and the proposed
project requires their adjustment, removal or relocation, the Local Government will
AFA Long Generic
Page 4 of 12
4/27/2004
be responsible for determining the scope of utility work and the State will notify the
appropriate utility company to schedule adjustments.
The State shall be responsible for the adjustment, removal or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies and
procedures. This includes, but is not limited to: 43 TAC §15.55 relating to
Construction Cost Participation; 43 TAC §21.21 relating to State Participation in
Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq.
relating to Utility Accommodation. The Local Government will be responsible for all
costs associated with additional adjustment, removal, or relocation during the
construction of the project, unless this work is provided by the owners of the utility
facilities:
a. per agreement;
b. per applicable statutes or rules, or;
c. as specified otherwise in this Agreement.
Prior to letting a construction contract for the Project, a utility certification must be
made available to the State upon request stating that all utilities needing to be
adjusted for completion of the construction activity have been adjusted.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National
Environmental Policy Act and the National Historic Preservation Act of 1966, which
require environmental clearance of federal-aid projects.
a. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the project
governed by this Agreement.
b. The State is responsible for the cost of any environmental problem's mitigation
and remediation.
c. The State is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
d. The State will obtain written certification from appropriate regulatory agency(ies)
that identified environmental problems have been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for all projects subject to
this Agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes
minimum accessibility requirements to be consistent with minimum accessibility
requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
10. Architectural and Engineering Services
The Local Government shall provide the architectural and engineering services.
The architectural and engineering services shall include, but not be limited to,
AFA Long Generic
Page 5 of 12
4/27/2004
preparing the right of way mapping, property descriptions, and schematic layout;
performing field surveys; and preparing a drainage study.
The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, and the latest edition and revisions of the State's Highway Design Division
Operations and Procedures Manual or the American Association of State Highway
and Transportation Officials A Policy on Geometric Design of Highways and Streets,
Federal regulations for conformity with the Clean Air Act air quality requirements, the
EPA-National Pollutant Discharge Elimination System requirements, the Texas
Manual on Uniform Traffic Control Devices, and the American Association of State
Highway and Transportation Officials Guide For The Development of Bicycle
Facilities. In addition, all engineering work shall be prepared using the English
system of measurements.
Documents prepared for the purpose
involvement shall be in the English unit system.
of public
The Local Government shall assume all costs in preparing or causing to be
prepared the Project's preliminary engineering and for completing the plans,
specifications and estimates (PS&E) for the final design of the project.
The State will perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant. The State will also review all geotechnical, surveying,
design, environmental, hydraulic reports and data submitted by the Local
Government, process environmental documents and oversee any necessary public
involvement.
If the Local Government has submitted work in accordance with the terms of this
contract but the State requests changes to the completed work or parts thereof
which involve changes to the original scope of services or character of work under
the contract, the Local Government shall make such revisions as requested and as
directed by the State.
The Local Government shall be responsible for the accuracy of work and shall
promptly make necessary revisions or corrections resulting from its errors,
omissions, or negligent acts.
The Local Government's responsibility for all questions arising from design errors
and/or omissions will be determined by the State. The Local Government will not be
relieved of the responsibility for subsequent correction of any such errors or
omissions.
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the State in accordance with the Texas Engineering Practice Act and
the rules of the Texas Board of Professional Engineers.
AFA Long Generic
Page 6 of 12
4/27/2004
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Texas Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by disadvantaged
business enterprises (DBEs), ADA, and environmental matters.
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments,
or additional work orders, which may become necessary
subsequent to the award of the construction contract. In. order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for
construction.
b. The State will use its approved contract letting and award procedures to let and
award the construction contract.
c. Prior to their execution, the Local Government will be given the opportunity to
review contract change orders that will result in an increase in cost to the Local
Government.
d. Upon completion of the Project, the party constructing the project will issue and
sign a "Notification of Completion" acknowledging the Project's construction
completion.
e. For federally funded contracts, the parties to this Agreement will comply with
federal construction
requirements
cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form "FHWA-1273" in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with
23 CFR 635, Part B.
12. Project Maintenance
The Local Government shall be responsible
after completion of the work and the State
state highway system after completion of
highway system, unless otherwise provided
with the Local Government.
for maintenance of locally owned roads
shall be responsible for maintenance of
the work if the work was on the state
for in existing maintenance agreements
13. Right of Way and Real Property
The Local Government is responsible
needed right of way or real property.
for the provision
and acquisition
of any
The Local Government shall assume all costs in preparing right-of-way maps,
property descriptions and other data as needed to properly describe the right-of-way
which the Local Government is to acquire and provide the State. The right-of-way
AFA Long Generic
Page 7 of 12
4/27/2004
maps and property descriptions shall be submitted to the State for review and
approval. Tracings of the right-of-way maps shall be furnished to the State for its
permanent records.
Title to right of way and other related real property must be acceptable to the State
before funds may be expended for the improvement of the right of way or real
property. If the Local Government is the owner of any part of a Project site, the
Local Government shall permit the State or its authorized representative access to
occupy the site to perform all activities required to execute the work.
All parties to this agreement will comply with and assume the costs for compliance
with all the requirements of Title II and Title III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601
et seq., including those provisions relating to incidental expenses incurred by the
property owners in conveying the real property to the Local Government, and
benefits applicable to the relocation of any displaced person as defined in 49 CFR
Section 24.2(g). Documentation to support such compliance must be maintained
and made available to the State and its representatives for review and inspection.
If the Local Government purchases right of way for a Local Government street, title
will be acquired in the name of the Local Government in accordance with applicable
laws unless specifically stated otherwise and approved by the State.
The Local Government shall be responsible for all right of way acquisition costs and
these costs shall not be eligible for State reimbursement under this Agreement.
14. Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
Local Government:
Mr. D. Jesse Hegemeir, P.E.
County Engineer
Fort Bend County Engineering Dept.
1124 Blume Road
State:
Mr. Gary K. Trietsch, P.E.
District Engineer
P. O. Box 1386
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party. Either party may request
in writing that such notices shall be delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
AFA Long Generic
Page 8 of 12
4/27/2004
15. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions and this Agreement
shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds as well as the acts and deeds of its contractors,
employees, representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State.
All data prepared under this
Agreement shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the
Local Government shall be transmitted to the State in the form of photocopy
reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMS Circular A-87 that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21.
Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§18.36 and with the property management standard established in Title 49 CFR
§18.32.
AFA Long Generic
Page 9 of 12
4/27/2004
22.
Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
and the U.S. Office of the Inspector General, or their duly authorized representatives
for review and inspection at its office during the contract period and for four (4)
years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved.
Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this Agreement
for the purpose of making audits, examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.
98-502, ensuring that the single audit report includes the coverage stipulated in
OMBCircular A-133.
24.
Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25.
Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority
Business
Program requirements established in 49 CFR Part 26.
Enterprise
26.
Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension." The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal
funds and, when requested by the State, to furnish a copy of the certification in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27.
Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
knowledge and belief, that:
a.
No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
AFA Long Generic
Page 10 of 12
4/27/2004
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the federal Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with
respect to the individual projects and affirm this certification of the material
representation of facts upon which reliance will be made. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Tille 31 U.S.C. §1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
28.
Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto
executed in duplicate counterparts.
have caused these presents
to be
TH~
Name
Robert
E. Hebert,
County Judge
Printed Name and Tille
5/4/2004
Date
AFA Long Generic
Page 11 of 12
4/27/2004
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the
Texas Transportation Commission.
:z.. 1'/· 01
Date
AFA Long Generic
Page 12 of 12
4/27/2004
1iJr---
8en
----~..-.
r'-
\r
..-...- ... -..
_ ...-- -_ ..-
'~:-+--
CLODINE
VILLAGE
\t'-·-,...
~
\
l
rr: b
End Project
i
1464
I
b b b
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"
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ESPINOSiA
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c~
ATTACHMENT A
CSJ 1415-02-035
FM 1464
From: 200' N of FM 1093
To: 350' S of Westpark Tollway
)r
J;fay ~,
25.
2004
EMERGENCY
MA:'1AGEMENT:
Take all appropriate
action on request to transfer the
amount of $3,474 from Contingency
(045-0450-4040) into Emergency
Management,
Temporary-Part-time
(046-0460-0200) $3,200, Social Security (046-0460-0300) $245, and
Worker's CompensationlUnemployment
(046-0460-0600) $29 to allocate funds for temporary
assistance while Administrative Coordinator is on medical leave.
Patterson, Seconded by Commissioner Meyers, duly put and
Contingency (045-0450-4040) into Emergency Management, Temporary-Part-time (046-04600201) $3,200, Social Security (046-0460-0300) $245, and Worker's Compensation/Unemployment
(046-0460-0600) $29 to allocate funds for temporary assistance while Administrative Coordinator
is on medical leave.
Judge Hebert
26.
yes
absent
yes
Commissioner Meyers
yes
yes
ENGINEERING:
A. Take all appropriate
action on the Agreement hetween Fort Bend County and Pate
Engineers for Engineering
Services in connection with reVision of the Preliminary
Engineering Report for Development of a New Park and Ride at State Highway 36
(Fairgrounds)
in an amount not to exceed $6,965.00, Pct. 1, and determine funding
source.
unanimously carried (4-0), it is ordered to approve agreement between Fort Bend County and Pate
Engineers for Engineering Services in connection with revision of the Preliminary Engineering
Report for Development of a New Park and Ride at State Highway 36 (Fairgrounds) in an amount
not to exceed $6,965.00, Pct. I. Funding: Non-Departmental Fees & Services 045-4010
Judge Hebert
yes
absent
yes
Commissioner Meyers
yes
yes
action on the Local Transportation
Project Advance Funding
Agreement for a Surface Transportation
Program between Fort Bend County and Texas
Department of Transportation
for work regarding FM1464. from 200 Feet North of FM
1093 to 1,000 Feet Sonth of Fort Bend Westpark TOllway, for an amount not to exceed
$725,000, Mobility Bond Project #59, Pct. 3.
Funding Agreement for a Surface Transportation Program between Fort Bend County and Texas
Department of Transportation for work regarding FM1464 from 200 Feet North of FM 1093 to
1,000 Feet South of Fort Bend Westpark Tollway, for an amount not to exceed $725,000, Mobility
Bond Project #59, Pct. 3.
Judge Hebert
yes
absent
yes
Commissioner Meyers
Commissioner
7
Attachment B
1415-02-035
Patterson
yes
yes
Montgomery County
CSJ: 1415-02-035
FM 1464: 200' North of FM 1093
to 350' South of
Westpark Tollway
ATTACHMENT
C
Project Budget and Description
The Local Government will participate in the development and construction of the sixlane roadway on FM 1464 starting 200' North of FM 1093 to 350' South of Westpark
Tollway. The total estimated cost associated with this Project is $1,450,000. The State
and the Local Government will each contribute a fifty percent (50%) funding share
towards the construction and construction management costs of the Project. The Local
Government shall be responsible for one hundred percent (100%) of the costs
associated with preliminary engineering, plan preparation, plan review, PS&E, right of
way acquisition, and utility adjustments and the cost of the items will not count towards
the Local Government's match to the State funds. The State has estimated the Project
costs to be as follows:
Project Description
1415-02-035
FM 1464: 200' N of
FM 1093 to 1000'
South of Fort Bend
West ark Tollwa
$641,625.00
$641,625.00
Construction
$0.00
TxDOT Review *
$0.00
$83,375.00
$83,375.00
Engineering &
Contingencies (E&C)**
(Estimated @ 11.5%
of construction
$725,000.00
$1,450,000.00
$725,000.00
TOTAL
* No charge for review costs.
** Engineering and contingencies charges will be based on actual charges.
Local Government's
Attachment C
1415-02-035
Participation
=
~725,000.00
Page 1 of 2
For the purposes of this Project the Local Government and their consultant will be
considered an extension of State staff and no review costs will be charged to the Local
Government for this mutually beneficial Project. This is a construction estimate only;
final participation amounts will be based on actual charges to the Project.
Attachment C
1415-02-035
Page 2 of 2
COMMISSIONERS
RETURN
DATE SUBMITTED:
COURT
AGENDA
AGENDA
COORDINATOR
DATE:
RENEWAL
CONTRACT/AGREEMENT:
JUDGE'S
OFFICE
3Y E.
11/9/04
OF ITEM:
- COUNTY
SUBMITTED
BY: P.1lM."l'S1AGIIIlIlA. COORDIllAroIl)AGENDA
DEPARTMENT:
043-EMi_
#
PHONE NO.:
1281) 633-7507
11/2104
SUMMARY
LIST SUPPORTING
TO:
FORT BEND COUNTY
AGENDArB·
TAKE ALL APPROPRIATE ACTIOII '10 APPROVE THE LOCAL TRANSI.'ORTATIOIIPROJECT ADVAIlCEl'OIIDIIIG
AGREEIIEIlT IlE'l'IIEDI TXOOT AIlD FlIRT IIDID COOHTYRFGARDIIIG n1723 (IIORTII OF BRAZOS RIVER TO
FNl0931 HOT TO EXCEED $150,OOO,PCTS.
1&3. (l'OIID:230-D43-4301????)
DOCUMENTS
Yes ()
No ( )
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED
Yes(
Fund
) No()
ITEM:
Al'lNUALIZED
N/A()
Funding Source:
Agency
Object
DOLLARS:
One Time
COMMENTS:
()
Recurring
()
N/A
(
)
Original Form Submitted with back up to County Judge's Office: ( ) ( " when completed)
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
( ) Comm. Pet. 3
(281-242-9060)
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
(281-341-8697)
( ) County Clerk
Instructions
1.
2.
3.
for submitting
an Agenda Request:
Agenda Request Forms may be submitted by e~mail, fax, or inter-office mail. and all information must be provided by
Wednesday at 2:00 p.m. to the departmrnts listed above.
I
P.O. BOX 1386· HOUSTON, TEXAS 77251-1386. (713) 802-5000
October 13,2004
CONTACT: PLAN REVIEW
BY CERTIFIED MAIL P 7004 0750 000184825188
Fort Bend County
CSJ 0188-09-040
FM 723: North of Brazos River to FM 1093
County Engineer
1124 Blume Road
Dear Mr. Hegemier:
Attached for your review and approval are two unexecuted counterparts of a revised Advance
Funding Agreement
for Fort Bend County (County) to perform the preliminary
engineering/environmental analysis for the subject project. This revision is needed to include the
environmental cost to be paid by the Texas Department of Transportation not included in the
original agreement.
We request that you review tLe agreement and inform us immediately if you have any comments.
Should you have no comments, we request that you have the agreement executed on behalf of
the County and return the two original counterparts properly executed to this office for further
handling.
We need a copy of a resolution or motion of your government body that commits funds to this
project. This resolution is needed as Attachment C to the agreement. Please provide this
funding commitment when you send us the agreement for further handling.
We look forward to working with you on this important project and request your timely response
to this leUer. If you should have any questions concerning this maUer, please contact
Ms. Darlene D. Taylor of this office at (713) 802-5864.
Sincerely,
R:ti:;,ffrf
Director of Plan Review
Houston District
DDT
Attachments
cc: Ms. Darlene D. Taylor
~n Equal Opportunity Employer
Fort Bend County
CSJ: 0188-09-040
FM 723: North of Brazos River to
FM 1093
STATE OF TEXAS
§
COUNTY OF TRAVIS
§
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
THIS AGREEMENT (the Agreement) is made by and between the State of Texas,
acting by and through the Texas Department of Transportation hereinafter called the
"State", and the County of Fort Bend, Texas, acting by and through its duly authorized
officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA)
and the Transportation Equity Act for the 21 5t Century (TEA-21) codified under Title 23
U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of
protecting and enhancing communities and the natural environment and advancing the
nation's economic growth and competitiveness; and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish
that the State shall design, construct and operate a system of highways in cooperation
with local governments; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and
WHEREAS, the State and the Local Government desire improvements to FM 723 at the
location shown on the Map in Attachment A; and,
WHEREAS, the section of FM 723 from North of Brazos River to FM 1093 has been
selected as a Long Range Priority Project in the 2022 Metropolitan Transportation Plan of
the MPO, as shown in Attachment B; and
WHEREAS,
Government
the Local Government has requested that the State allow the Local
to participate in said improvement by funding that portion of the
AFA Long Generic
Page 1 of 11
improvement described as the development of the preliminary engineering, which
includes but is not limited to, right of way maps, property descriptions and diagrammatic
layout; perform field surveys; prepare a drainage study, and providing other necessary
items required by the State at the Local Government's sole expense, in order to make
the project a more viable candidate for future Federal funding; and,
WHEREAS, the State shall provide the environmental assessment, environmental
documentation
and clearances, permits, public involvement,
conduct
public
meetings/hearings,
review the preliminary engineering performed by the Local
Government, and provide other items as required; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated
which is attached
hereto and made a part hereof as Attachment B for the participation in the development
of the Project at the location shown on the map in Attachment A; and,
WHEREAS, the State and the Local Government agree that completion of the
preliminary engineering for this Project does not guarantee selection of the Project for
Federal construction funding in the future.
WHEREAS, the State has determined that such participation is in the best interest of
the citizens of the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, the State and the Local Government do agree as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until the
Project is completed or unless terminated as provided below.
2. Scope of Work
The State and the Local Government agree that the scope of the Project is to
prepare the environmental assessment, right of way maps, property descriptions,
schematic layout; perform field surveys; prepare a drainage study; conduct public
meetings/hearings;
and any other work necessary to perform preliminary
engineering.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget Attachment C which is attached hereto and made a part hereof. The expected
AFA Long Generic
Page 2 of 11
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
cash contributions
from the federal or State government,
the Local
Governments, or other parties is shown in Attachment C. The State will pay for
only those project costs that have been approved by the Texas Transportation
Commission.
This project cost 'estimate shows how necessary resources for completing the
project will be provided by major cost categories. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs
of environmental
assessment and remediation;
(4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
The State will be responsible for securing the Federal and State share of the
funding required for the development and construction of the local project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, including any overruns in excess
of the approved local project budget unless otherwise provided for in this
Agreement or approved otherwise in an amendment to this Agreement.
Prior to the performance of any engineering review work by the State, the Local
Government will remit a check or warrant made payable to the "Texas
Department of Transportation" in the amount specified in Attachment C. The
Local Government will pay at a minimum its funding share for the estimated cost
of preliminary engineering for the project.
At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs.
In the event the State determines that additional funding is required by the Local
Government at any time during the Project, the State will notify the Local
Government in writing. The Local Government will make payment to the State
within thirty (30) days from receipt of the State's written notification.
Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
government will be promptly paid by the owing party.
The State will not pay interest on any funds provided by the Local Government.
If a waiver has been granted, the State will not charge the Local Government for
the indirect costs the State incurs on the local project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
project.
If the project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, the budget
in Attachment C will clearly state the amount of the fixed price or the incremental
payment schedule.
The Texas Comptroller of Public Accounts has determined that certain counties
qualify as Economically Disadvantaged Counties in comparison to other counties
AFA Long Generic
Page 3 of 11
in the state as below average per capita property value, and below average per
capita income, and above average unemployment, for certain years.
This
Agreement reflects adjustments to the standard financing arrangement based on
this designation.
m. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by
all parties, unless:
a. the Agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Agreement. Any cost incurred due to a breach of
contract shall be paid by the breaching party.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or
terms of the Agreement, or responsibilities of the parties relating to the Project may
be enacted through a mutually agreed upon, written amendment.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of
by either party to this Agreement and shall be cumulative.
7. Utilities
Not Applicable.
8. Environmental Assessment and Mitigation
Development
of a transportation
project must comply with the National
Environmental Policy Act and the National Historic Preservation Act of 1966, which
require environmental clearance of federal-aid projects.
a. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the project
governed by this Agreement.
b. The State is responsible for the cost of any environmental problem's mitigation
and remediation.
c. The State is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
AFA Long Generic
Page 4 of 11
d. The State will obtain written certification from appropriate regulatory agency(ies)
that identified environmental problems have been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
all projects subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation,
under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
10.
Architectural and Engineering Services
The Local Government shall provide the architectural and engineering services.
The architectural and engineering services shall include, but not be limited to,
preparing the right of way mapping, property descriptions, and schematic layout;
performing field surveys; and preparing a drainage study.
The engineering study shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, and the latest edition and revisions of the State's Highway Design Division
Operations and Procedures Manual or the American Association of State Highway
and Transportation Officials A Policy on Geometric Design of Highways and Streets,
Federal regulations for conformity with the Clean Air Act air quality requirements, the
EPA-National Pollutant Discharge Elimination System requirements, the Texas
Manual on Uniform Traffic Control Devices, and the American Association of State
Highway and Transportation Officials Guide For The Development of Bicycle
Facilities. In addition, all engineering work shall be prepared using the English
system of measurements.
Documents prepared for the purpose of public
involvement shall be in the English unit system.
The Local Government shall assume all costs in preparing or causing to be
prepared the Project's preliminary engineering and for completing the plans,
specifications and estimates (PS&E) for the final design of the project.
The State will perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant. The State will also review all geotechnical, surveying,
design, environmental, hydraulic reports and data submitted by the Local
Government, process environmental documents and oversee any necessary public
involvement.
If the Local Government has submitted work in accordance with the terms of this
contract but the State requests changes to the completed work or parts thereof
AFA Long Generic
Page 5 of 11
which involve changes to the original scope of services or character of work under
the contract, the Local Government shall make such revisions as requested and as
directed by the State.
The Local Government shall be responsible for the accuracy of work and shall
promptly make necessary revisions or corrections resulting from its errors,
omissions, or negligent acts.
The Local Government's responsibility for all questions arising from design errors
and/or omissions will be determined by the State. The Local Government will not be
relieved of the responsibility for subsequent correction of any such errors or
omissions.
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the State in accordance with the Texas Engineering Practice Act and
the rules of the Texas Board of Professional Engineers.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Texas Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by disadvantaged
business enterprises (DBEs), ADA, and environmental matters.
11. Construction Responsibilities
Not applicable.
12.
Project Maintenance
Not applicable.
13.
Right of Way and Real Property
The scope of work of the Project may include preparation of right of way maps.
Should right of way map preparation be performed as part of the Project, the Local
Government shall prepare real property maps, right of way plat(s), property
descriptions and other data as needed to properly describe the real property and
submit them to the State for approval prior to the Local Government acquiring the
real property. Tracings of the maps shall be retained by the Local Government for
its permanent record.
14. Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
AFA Long Generic
Page 6 of 11
Local Government:
Mr. D. Jesse Hegemeir, P.E.
County Engineer
Fort Bend County Engineering Dept.
1124 Blume Road
State:
Mr. Gary K. Trietsch, P.E.
District Engineer
P. O. Box 1386
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party. Either party may request
in writing that such notices shall be delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
15.
Legal Construction
In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions and this Agreement
shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
16.
Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds as well as the acts and deeds of its contractors,
employees, representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State.
All data prepared under this
Agreement shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the
Local Government shall be transmitted to the State in the form of photocopy
reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement.
When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
AFA Long Generic
Page 7 of 11
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20.
Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A·87 that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21.
Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§ 18.36 and with the property management standard established in Title 49 CFR
§18.32.
22.
Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
and the U.S. Office of the Inspector General, or their duly authorized representatives
for review and inspection at its office during the contract period and for four (4)
years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved.
Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this Agreement
for the purpose of making audits, examinations, excerpts, and transcriptions.
23.
Office of Management and BUdget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.
98-502, ensuring that the single audit report includes the coverage stipulated in
OMS Circular A-133.
24.
Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(S)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25.
Disadvantaged Business Enterprise Program ReqUirements
The parties shall comply with the Disadvantaged/Minority
Business Enterprise
Program requirements established in 49 CFR Part 26.
AFA Long Generic
Page 8 of 11
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension." The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal
funds and, when requested by the State, to furnish a copy of the certification in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
knowledge and belief, that:
a.
No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the federal Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with
respect to the individual projects and affirm this certification of the material
representation of facts upon which reliance will be made. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Title 31 U.S.C. §1352.
Any person who fails to "file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
AFA Long Generic
Page 9 of 11
28. Insurance
If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work
shall provide the State with a fully executed copy of the State's Form 1560
Certificate of Insurance verifying the existence of coverage in the amounts and
types specified on the Certificate of Insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State
right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all costs of
completing the work.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMON
executed in
pli
EREOF, the parties hereto have caused these presents to be
te counterparts.
Name
Roberf Ht-bu,,".1 C.Ot,.l.l\hj JI.C.Q tie.
Printed Name and Title
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the
Texas Transportation Commission.
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Date
AFA Long Generic
Page 10 of 11
ATTACHMENT A
Location Map Showing Project
Page 1 of 1
Attachment A
ATTACHMENT B
Resolution or Ordinance
Page 1 of 1
Attachment B
STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
RESOLUTION
On this 9th day of November, 2004, the Commissioners Court, acting as the governing body of
Fort\Bend
County, Texas, at a regular m'\'Rng upon motion of Commissioner
~A, seconded by Commissioner
~~...¢'5
, duly put and carried:
'5 M,
WHEREAS, the State and Local Government desire improvements to FM 723 from North of
Brazos River to FM 1093; and,
WHEREAS, this project has been selected as a Long Range Priority Project in the 2022
Metropolitan Transportation Plan of MPO; and,
WHEREAS, this project will be administered by the Texas Department of Transportation
(TxDOT) in conjunction with Fort Bend County;
WHEREAS, the County wishes to participate in the project by funding the preliminary
engineering services; and,
WHEREAS, the County will commit $150,000 to the project, which is 20% of the estimated
cost for the preliminary engineering services and review by the State.
NOW THEREFORE BE IT RESOLVED AND DECREED by the Commissioners Court of
Fort Bend County, Texas that the County has entered into an Advanced Funding Agreement with
the Texas Department of Transportation for improvements to FM 723 from North of Brazos
River to FM 1093.
PASSED AND APPROVED this the 9th day of November, 2004.
ATTEST:
,
".-
,
Diantle 'filson,
'lfj:FM
.
'"
County Clerk
7~}
T'(Doot Resolution :3612-: 111004
.,.
Exhibit "C"
Fort Bend County
CSJ: 0188-09-040
FM 723: North of Brazos River to
FM 1093
ATTACHMENT C
Project Budget and Description
The Local Government will prepare or cause to be prepared the right of way maps,
property descriptions, a schematic layout; field surveys; a drainage study; and any other
work necessary to perform preliminary engineering.
The State shall provide the environmental assessment, environmental documentation
and clearances, permits, public involvement, conduct public meetings/hearings, review
the preliminary engineering performed by the Local Government, and provide other items
as required. The State has estimated the project as follows:
Project
Description
Preliminary
Engineering
For:
0188-09-040
FM 723: North of
Brazos
River to
FM 1093
Total
Estimate
Cost
State
Participation
Cost
Preliminary
En ineerin
Environmental
Assessment
TxDOT Review
$150,000.00
TOTAL
$180,000.00
0%
$0.00
$30,000.00 0%
$0.00 100%
$0.00 0%
Local Government's
Participation
0%
$0.00
0%
$0.00
=
Local
Participation
%
Cost
$0.00 100% $150,000.00
$30,000.00
0%
$0.00
$0.00
100%
$0.00
$30,000.00
$150,000.00
$1.20.000.
For the purposes of this Project the Local Government and their consultant will be
considered an extension of State staff and no review costs will be charged to the Local
Government for this mutually beneficial Project. This is a construction estimate only;
final participation amounts will be based on actual charges to the Project.
ATTACHMENT C
Page 1 of 1
\
\-V\,ol\
RECORDED ON --!".:-.:..~==.
IN THE COMMISSIONER 90~RT
MINUTES OF:
\l.'\ O~ .
COMMISSIONERS
FORT BEND COUNTY
AGENDArrEM
RETURL'I TO: AGENDA COORDINATOR
DATE SUBMITTED:
SUMMARY OF ITEM:
11/9/04
TAKE ALL APPROPRlATE ACrIlB" ro ACCI!PT TIlE _
ORDER FOR GRAND IIISSIlB" BOULEVARD
llI'lHIH TJIE HIIII llRADFlIRO PARK SUBDIVISIlB" DEVELOPIIEIIT.
!lIE HIIII ALIGIlIIEIft lIImIII
BRADFORD
PARK,su:TIlB" 1 COIIFOIlIIS ro TIlE APPROVllD HIIII ALIGIIIIEHT FOR GRAND IIISSIlB" BOULEVARD (AKA
IWILIlII ROAD), _ILITY
PROJECT ,PCT.3.
Yes ()
LIST SUPPORTING
OFFICE
SUBMITTED BY: P.llA1'!SlAGfJI)A. COlIRDIIIA'lORIAGENDA
DEPARTMENT:
043-IlIKiIllEEllIlli
#
PHONE NO.:
(281) 633-7507
11/1/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
No ( )
ATTACHED:
f. '~•.,
FINANCIAL SUMMARY:
'./ 'iJi'\
BUDGETED
ITEM:
Yes ( ) :'010 ()
Funding
Fund
Agency
ANNUALIZED DOLLARS:
N/A ( )
Source:
Object
One Time
()
Recurring
N/A
()
( )
II;';""
COMMENTS:
If by E-Mail to ospindonra:co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
(281-341-8697)
( ) County Clerk
Instructions
for submitting
an Agenda Request:
1.
2.
Complerely fill out agenda form, incomplete forms will not be processed.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office mail, and all information
3.
All original back-Up must be received in the County Judge's Office by 2:00 p.m. on Wednesday.
'--
I
I
I
I
I,----------------------,._-------
must be provided
by
--l
FORT BEND COUNTY ABANDONMENT
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
On this the
Commissioners'
C\~ day of {\Cl\l*C
,20.QL,
,
ORDER
at a regular meeting of the
Court of Fort Bend County, Texas came on to be heard the matter of the
abandonment of a right-of-way easement (subsequently known as Grand Mission Boulevard as
referenced on the Grand Mission General Plan), in that certain tract or parcel of land situated in
the County of Fort Bend, State of Texas, more particularly described by meets and bounds
recorded in Fort Bend County Clerk's File Number 8622589 on Exhibit
"A" attached hereto
and made a part thereof; and situated in the tract of land described by special warranty deed
recorded in Fort Bend County Clerk's File Number 2004003234 on Exhibit "B" attached hereto
and made a part thereof;
After due consideration, the Court found that the above described right-of-way easement
was never accepted by the County for any purpose and is surplus to the County's needs and that
the public interest would be better served if such above described right-of-way easement was
abandoned.
NOW, THEREFO~on
motion of Commissioner
::;)\Ps'i \l)Q\\Ft
majority
of the members
of Commissioners'
_\'1\~1CS
,
,duly put and carried by the consent of a
Court, it is ORDERED,
ADJUDGED
and
DECREED by the Court that whatever interest Fort Bend County may have had in the above
described right-of-way easement be, and it is hereby abandoned .
.EXECUTED
"
..
b
this
C\~ day of \\:N'~r, 20 ...::e~_
•
c.e.N\'. \\-C{-~\\ \'I;
3'\~
Upon recorQing please return to Steven L. Evans, FBC Engineering
Q ~\j
\-,e."
\
1:\Y(PDJ;TA~ED\ROW\AbaDdorder074_lbe.doc
l\ "'\0. 'It \\ t-'(, PI.
8622589
EXH IBIT '~A"
DEDICAnOH
OF STRI!ET RIGHT-oF-WAY
18U
1716
AS PER ORIGINAL
THE STATE OF TeXAS
S
S
COUNTY OF FORT BEND
S
We, The Grand Mission Corporation,
actin.
by and 'ChrouSh John A. &allis,
President, beln, an officer 01 The Grand MIssion Corporation.. bein& sole owner
of a caUed 1172.710 acre tract recorded in Volume U06, Pale 7'JO and a called
13'
12.331 acre tract recorded in Volume 1"7, Pale
of the Official Records of
Fort aen<l County, Texas, do l\e~by dedicate (orever to the public use as sud\,
the Grand MissIon Boulevard street right-of.way,
belng more partiCUlarly
described by metes and bounds in Exhibit lA' attached hereto, and made & part
hereof for all purposes, and do hereby waive any claims lor damages occasloned
by the establishing of grades and improvements for the street dedlcated or
occasioned by the alteration
of the surface of any portion of such street to
conform to such grades; and do hereby bind ourseJves, our successors and
assigns to warrant and forever defend the title to the land so described.
In testimony whereof, Grantor has caused these presents to be signed by
John A. Ballis, President of The Grand Mission Corporation,
being thereunto
authorized,
this
day of May, 1'16.
CN=h
By.
Name:
Title:
STATE OF TEXAS
.
COUNTY OF ..;;::\l4M.M)""""'"""'"'-
_
Before me, the undersigned
authority, on 'this day personally appeared
:John A. Ba1JJs, President of The Grand Mission Corporation, known to me to be
the person whose name is subscribed
to the foreS0lng instrument,
and
acknoWledged
1:0 me that he executed
the same for the purposes and
consideration
therein expressed, and In the capacity therein and herein set out,
and as the act and deed of said corpora,tioR.
1,
Given under my hand and seal of aUice,
1916.
this _~!:",:"':'_ day of May,
~~~~'r.f-i~=
. ~.. . .
179-03IDI!DICAnON
it1e Data
MH
TDI14610
FB
8622589.001
18U 1717
VMK
As PER ORIGINAL
EXffi8IT'A'
METES AND BOUNDS DESCRIPTION
OF THE PROPOSED
GRAND MISSION BOULEVARD RlGHT-oF· ... AV
LOCATED IN
TIlE DAY LAND AND CATTLE COMPANY SURVEV 1\-4'1
THE IlENJAMlN ORSBURN SURVEY A-m
AND TllE L It G.N. RAILROAD COMPANY SURVEY A-367
FORT BEND CO\JNTY. TEXAS
8EING 23.42& ACRES, MORE OR LESS, FOR THE PROPOSED RIGHT-OF-WAY
OF GRAND MISSION BOULEVARD LOCATED IN THE DAY LAND AND
CA"LE
COMPANY SURVEY, "'I!lS,R)',C, 451, THE BEN3)',MIN ORSBURN
SURVE Y, ABSTR)',CT 3~0 AND THE I. It GoN. RAILROAD COMPANY
SURVEY, AI!lSTRACT 367, FORT BEND COUNTY, TEX)',S, SAID 23.421 ACRES
BEING OUT OF A CALL 1172.710 ACRE TRACT AND A CALL &2.331 ACRE
TRACT
AS CONVEYED TO GRAND MISSION CORPORATION
AND
RECORDED IN VOLUME 1506, PAGE 7~0 AND VOLUME 1697, PAGE 119
RESPECTIVELY OF THE OFFICIAL RECORDS OF FORT BEND COUNTY,
TEXAS, SAID 23.42& ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING
AT )', RAILROAD SPIKE MARKING THE NORTHEAST
CORNER OF SAID 1172.7&0 ACRE TRACT, SAME BEING THE NORTHWEST
CORNER OF A TEXAS INDUSTRIES INC. CALL 11.27 ACRE TRACT AS
RECORDED IN VOLUME "4, PM;E 410 OF THE FOR, BEND COUNTY DEED
RECORDS, FOUND AT THE INTF.RSECTlON OF THE CENTERLINE OF
HARLEM ROAD (.50 FEET WIDE AS OCCUPIED-NO
DEDICATION OF
RECORD) WITH THE SOUTHERLY RIGHT-oF.WAY
LINE OF THE SAN
ANTONIO AND ARANSAS PASS RAILROAD (lOG-FEET) AS RECORDED IN
VOLUME U, PAGE 276 OF THE FORT BEND COUNTY DEED RECORDS,
THENCE, SOUTH 33 DEGREES 03 MINUTES 00 SECONDS WEST, 1,310.00
FEET ALONG THE COMMON LINE MARKING THE SOUTH LINE OF SAID SAN
ANTONIO AND ARANSAS PASS RAILROAD AND THE NORTH LINE OF SAID
1172.710 ACRE TRACT TO THE NORTHEAST CORNER AND "POINT OF
BEGINNING' OF THE HEREIN PROPOSED RIGHT-OF-WAY;
THENCE, DEP)',RTING SAID COMMON I.INE, SOUTH 01 DEGRf.!!. 16 MINU,ES
n SECONDS EAST, 303.~7 FEET TO A POINT MARKING THE BEGINNING OF
A CURVE TO THE RIGHT;
THENCE, SOUTHWESTERLY )',LONG THE ARC OF SAID CURVE TO THE
RIGHT, PASSING THROUGH A CENTRAL ANGLE OF 07 DEGREES '6
MINUTES 4& SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
. RADIUS OF 20'0.00 FEET, AN ARC LENGTH OF 2&4.33 FEET AND A LONG
CHORD LENGTH OF 2&4.10 FEET BEARING SOUTH 02 DEGREES 41
MINUTES 31 SECONDS WEST;
THENCE, SOUTH 06 DEGREES 39 MINUTES"
SECONDS WEST, 2n.~3FEET
TO A POINT M)',RKING THE BEGINNING OF A CURVE TO THE LEFT;
I OF'
Title Data
MH
TDI14610
FB
8622589.002
18U
1718
VMK
THENCE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE
I.EFT, P "!>SING THROUGH A CENillAL
MIGLE OF 'I DEGREES 13
MINUTES"
seCONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
RADIUS OF 2O'll.oo FEET, AN ARC LENGTH OF Itll.2S FEET AND A LONG
CHORD LENGTH OF U49.23 FEET aEARING SOUTH U DEGREES 02
MINUTES O. SECONDS EAST;
THENCE, SOUTH 3. DEGREES •• MINUTES O. SECONDS EAST, 163.64 FEET
TO A POINT MARKING THE BEGINNING OF A CURVE TO THE RIGHT;
RIGHT, PI\5SING THROUGH A CENTRAL ANGLE OF 32 DEGREES 'I
MINUTES 16 SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
RADIUS OF 2030.00 FEET, AN ARC LENGTH OF 1169.S. FEET AND A LONG
CHORD LENGTH OF 11".7S
FEET BEARING SOUTH IS DEGREES 23
MINUTES 26 SECONDS EAST;
THENCE, SOUTH 02 DEGREES 02 MINUTES U SECONDS EAST, 340•• 1 FEET
TO A POINT MARKING THE aEGINNING OF A CURVE TO THE LEFT;
LEFT, PASSING THROUGH A CENTRAL AHGLE OF 17 DEGREES .1 MINUTES
19 SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING THE
RADIUS OF 1"0.00 FEET, AN ARC LENGTH OF 602.01 FEET AND A LONG
CHORD LENGTH OF '9').62 FEET BEARING SOUiH
10 DEGREES "
THENCE, SOUTH 19 DEGREES •• MINUTES 07 SECONDS EAST, 210.00 FEET
TO " POINT MARKING THE BEGINNING OF A CURVE TO THE RIGHT;
RIGHT. PASSING THROUGH A CENTRAL ANGLE OF 2S DEGREES S7
MINUTES II SECONDS TO A POINT OP TANGENCY. SAID CURVE HAVING"
RADIUS OP 2O'll.00 PEET, AN ARC LENGTH OF 1033.99 FEET AND A LONG
CHORD LENGTH OF 102S.00 FEET BEARING SOUTH 0' DEGREES IS
MINUTES 2a SECONDS EAST;
THENCE, SOUTH 0' DEGREES 13 MINTUES 11 SECONDS WEST, lSO.OO FEET
TO A POINT MARKING THE BEGINNING OF A CURVE TO THE LEFT;
l.EFT, P"SSING THIlOUGH A CENTRAL ANGLE OF 22 DEGREES sa
MINUTES 36 SECONDS TO A POINT OP TANGENCY, SAID CURVE HAVING A
RADIUS OF 1"0.00 FEET, AN ARC LENGTH OF 711.99 FEET AND A LONG
CHORD LENGTH OF 776.76 FEET BEARING SOUiH 02 DEGREES I'
THENCE, SOUTH 13 DEGREES .S MINUiES 2S SECONDS EAST, 116.59 FEET
Title
Data
MH
TDI14610
FB
8622589.003
ASPER
GINAL
1819
1719
VMK
RIGHT, PASSING THROUCH A CENTRAL ANGLE OF 21 DEGREES 31
MINUTES 02 SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
RADIUS OF 20'0.00 FEET, AN ARC LENGTH OF 17M' FEET AND A LONG
CHORD LENGTH OF 769.'6 FEET BEARING SOUTH 02 DEGREES "
MINUTES 2' SECONDS EAST;
THENCE. SOUTH 07 DEGREES '2 MINUTES 37 SECONDS WEST, 130.00 FEET
TO A POINT MARKINC THE BECINNINC OF A CURVE TO THE LEFT;
LEFT, PASSING THROUGH A CENTRAL ANGLE OF 36 DEGREES '2
MINUTES OJ SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
RADIUS 01' 19~.00 FEET, AN ARC LENGTH 01' 12".74 FEET AND A LONG
CHORD LENGTH OF 12J3.21 FEET BEARING SOUTH 10 DEGREES J3
MINUTES 2' SECONDS EAST;
THENCE, SOUTH 2& DEGREES 39 MINUTES 23 SECONDS EAST, 189.3' FEET
TO A POINT MARKING THE BEGINNING OF A CURVE TO THE RIGHT,
RIGHT, PASSING THROUGH A CENTRAL ANGLE OF U DEGREES II
MINUTES J7 SECONDS TO A POINT LYING IN THE EAST LINE OF SAlD
&2.333 ACRE TRACT MARKING THE CENTERLINE OF HARLEM ROAD AS
OCCUPIED, SAID CURVE HAVING A RADIUS OF 20'0.00 FEET, AND ARC
LENGTH OF '07.33 FEET AND A LONG CHORD LENGTH OF ~6.'. FEET
BEARINC SOUTH 21 DEGREES"
MINUTES 37 SECONDS EAST,
,~.OO
THENCE, SOUTH 02 DEGREES 06 MINUTES 39 SECONDS EAST,
FEET
ALONG THE EAST LINE OF SAID 12.J31 ACRE TRACT, SAME BEING THE
CENTERLINE OF SAID HARLEM ROAD AS OCCUPIED, TO A FOUND
RAILROAD SPIKE MARKING THE SO..JTHEAST CORNER OF SAID 12.333
ACRE TRACT AND THE SOUTHEAST CORNER OF THE HEREIN PROPOSED
RIGHT-oF.WAY,
THENCE, SOUTH 37 DEGREES 40 MINUTES 23 SECONDS WEST, ~.OO FEET
ALONG THE SOUTH LINE OF SAID !2.nl
ACRE TRACT TO A POINT LVINC
IN THE ARC OF AN INTERSECTING CURVE TO THE LEFT MARKING THE
SOUTHWEST CORNER OF THE HEREIN PROPOSED RIGHT-OF-WAY,
THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE
LEFT, DEPARTING THE SOUTH LINE OF SAID 12.333 ACRE TRACT AND
PASSING THROUGH A CENTRAL ANGLE OF 26 DEGREES '2 MINUTES "
SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A RADIUS OF
19~.00 FEET, AN ARC LENGTH OF 91'.31 FEET AND A LONG CHORD
LENCTH OF 906.44 FEET BEARING NORTH I' DEGREES 33 MINUTES 03
SECONDS WEST,
.
THENCE. NORTH 23 DEGREES '9 MINUTES 2' SECONDS WEST, 119.36 FEET
TO A POINT MARKING THE BEGINNING OF A CURVE TO THE RICHT,
itle
Data
MH
TDI14610
FB
8622589.004
AS PER
IGINAL
.' ..
18U
1720
VMK
•
THENCE, NORTHW!!STERLY ALONG THE ARC OF SAID CURY£ TO THE
RIGHT, PASSING THROUGH A CI!NTRAL ANGLI! OF 36 DEGRE!!S '2
MINUT!!S 03 SECONDS TO A POINT OF TANGENCY, SAID CURVE HAVING A
RADIUS OF ZO",.oO FEET, AN ARC LENGTH OF 131'.0' FI!I!T AND A LONG
CHORD LENGTH OF 12".4'
FEET BEARING NORTH 10 DEGREES JJ
THENCE, NORTH 07 DEGREES '2 MINUTES 37 SECONDS I!AST, 130.00 FEET
. THENCE, NORTHWESURLY
ALONG THE ARC OF SAID CURVE TO THE
LEFT, PASSING THROUGH A CENTRAL ANGLE OF 21 DEGREES 31
MINUTES 02 SECONDS TO A POINT OF TANGI!NCY, SAID CURVE HAVING A
IlADIUS OF 1950.00 FEI!T, AN ARC LENGTH OF 736.2' FI!ET AND 1\ LONG
CHORD LI!NGTH OF 731.'2 FI!ET BEARING NORTH 02 DEGREES "
THENCE, NORTH 13 DEGRE!!S ., MINUTES 2' SECONDS WEST, 116." FI!ET
TO A POINT MARKING THE BEGINNING 01' A CURVE TO THE RIGHT.
THEN<.:E, NOr.THWI!STI!RLY ALONG THI! ARC OF SAID CURVE TO THE
RIGHT, PASSING THROUGH A CI!NTRAL ANGLE OF 22 DEGREES
MINUTES J6 SECONDS TO A POINT OF TANGI!NCY, SAID CURVE HAVING A
RADIUS OF ZO"'.OO FEET, AN ARC LENGTH OF 122.0' FEET AND A LONG
CHORD 1.I!NGTH OF 116." FEET BEARING NORTH 02 DEGRE!!S 16
MINUTES 07 SECONDS W!!ST.
'I
THENCE, NORTH 0' DEGREES 13 MINUTES II SECONDS EAST, 1"'.00 FEET
THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE
LEFT, PASSING THROUGH A CENTRAL ANG1.E OF 21 DEGREES '7
MINUTI!S 11 SECONDS TO A POINT OF TANGI!NCY, SAID CURVE HAVING A
RADIUS OF 1''''.00 PEET, AN ARC 1.ENGTH OF ,., •• , FEET AND A 1.0NG
CHORD LENGTH OF '73.00 FEET BEARING NORTH
DEGREI!S .,
MINUTES 21 SECONDS W!!ST;
0'
THENCE, NORTH U D~GRE!!S •• MINUTES 07 SECONDS WEST, 210.00 FEET
THENCE, NORTHWESTERLY ALONG THE ARC 01' SAID CURVE TO THE
RIGHT, PASSING THROUGH A CI!NTRAL ANGLE OF 17 DEGREES ..
MINUTES U SECONDS TO A POINT OF TANGI!NCY, SAID CURVE HAVING A
RADIUS OF ZO'O.OO FEET, AN ARC LENGTH OF 6Jz.n FEET AND A LONG
CHORD Ll!NGTH OF 630.37 FEET BEARING NORTH 10 DEGRE!!S "
THENCE, NORTH 02 DEGREES 02 MINUTES 41 SECONDS W!!ST, 3.0 •• 1 FEET
TO A POINT MARKING THE IlEGINNING OF A CURVE TO THE LEFT,
• OF'
itle Data
MH
TDI14610
FB
8622589.005
AS PER0
INAL
.'
18&9 1721
VMK
AS PE
THENCE, NORTH'fESTERL Y. ALONC THE ARC OF SAID CURVE TO THE
LEl'T, PASSINC THROUCH A CENTRAL ANGLE OF" 32 DECREES .1
MINUTES 16 SECONDS TO A POINT OF TMIGENCY. SAID CURVE HAVING A
RADIUS 01' 1'-'0.00 Fl!ET.AN ARG LENGTH OF 1112." FEET AND A LONC
CHORD U!NGTH OF I0!l7 •• 7 FEET BI!IIRlNG NORTH 11 DECREES 23
MINUTES 26 S1!CONDS IfI!ST,
THENCE, NORTH 3. DEGREES .. MINUTES a. SECONDS 'fEST, 165-'- FEET
TO 1\ POINT MI\RKING THE IlEGINNINC 01' A CURVE TO THE RIGHT;
THENCE. NORTHWESTERLY ALONC THE ARC OF SAID CURVE TO THE
RIGHT. PI\SSlNG THROUGH A CENTRAL ANGLE OF .1 DEGREES 23
MINUTES 59 SECONDS TO 1\ POINT 01' TANGENCY, SAID CURVE HAVING A
RADIUS 01' 21'0.00 FE!!T AN ARC LENGHT OF l"MO FEET AND A LONG
CHORD LENGTH OF 1'19.93 FEET IlI!llRING NORTH I. DEGREES 02
MINUTES 0. S1!CQNDS W!!ST,
THENCE, NORTH 06 DEGREES '9 MINUTES"
SECONDS EAST. 279.93 FEET
TO 1\ POINT MARKING THE IlEGINNING 01' A CURVE TO THE LEFT,
THENCE. NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE
LEFT, PASSING THROUGH 1\ CENTRAL ANGLE OF 06 DEGREES .2
MINUTES •• SECONDS TO A POINT MARKING THE BEGINNING OF
I\NOTHER CURVE TO THE LEFT, THE HEREIN DESCRIIlED CURVE HAVING
1\ RADIUS OF 1"0.00 FEET. AN I\RC LENGTH OF 221.~. FI!ET AND A LONG
CHORD LENGTH OF 221.31 FEET IlI!!lRINC NORTH 03 DEGREES 11
MINUTES 33 SECONDS EAST,
THENCE, NORTHWESTERLY ALONC THE ARC OF SAID CURVE TO THE
LEFT. PASSINC THROUGH A CENTRAL ANGLE OF 01 DEGREES ,.,
MINUTES 0. SECONDS TO A POINT OF TANGENCY,SAID CURVE HAVING A
RADIUS OF '00.00 FE!!T AN ARC L!!NGTH OF 71.11 FEET AND A LONG
CHORD LENGTH OF 71.03 FEET IlEARING NORTH a. DECREES 31 MINUTES
21 SECONDS WEST;
THENCE, NORTH 01 DEGREES " MINUTES " SECONDS WEST, 236'" FEET
TO A POINT FOR THE NORTHWEST CORNER 01' THE HEREIN PROPOSED
RIGHT-OF-WAY LYING IN THE COMMON LINE 01' SAID 1172.710 ACR!!
TRI\CT AND THE SAN ANTONIO AND ARANSAS PASS RAILROAD RIGHTOF-WAY;
THENCE, NORTH 13 DEGREES 03 MINUTES 00 SECONDS EAST, 140.00 FEET
TO THE "POINT 01' BEGINNING" AND CONTAINING 23•• 21 ACRES OF
LAND, MORE OR LESS.
JOIl NO. 1""'7
MAY. 1916
Mlcll 19
~J4.'"
itle Data
1'0
£.,11"
MH
TDI14610
FB
8622589.006
RIGINAL
18&9
1722
'.
AS PEROR NAL
fILED
'86 MY 13 P2:30
STAn UFlDAS
CIlUIItYOf fWT IDD
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MAY 151986
.GL.-~c
~CllJLf"IMc..11L
.'
itle Data
·0
8622589,007
• t.
.,
•
IIIIIB_II
EXHIBIT
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....
....
2111113234
'SPECIAL W ARRAl'ITY DEED
§
§
§
STATE OF TEXAS
COUNTY OF FORT BEND
THAT GRA:ID MISSION HOLDINGS, LP, a Texas limited partnership (hen:inafta
called "Grantor"), for and in consideration of the sum ofTen and No/loo Dollars ($10.00) and
other valuable consideration
Grantor in hand paid hy CENTEX HOMES, a Nevad. generlll
partnership (hereinafter called "~''),
the receipt and sufficiency of which an: hereby
acknowledged and confessed, has GRA.'ITEIl, SOLD and CONVEYED, and by these presents
does GRANT. SELL and CONVEY unto said Gran,ee. subject to the reservations, exceptions
and restrictions hereinafter made,the following described property (''PrO\lerty'1, to wit:
'0
Being approximately 76.67 acres of land, more or less. situated in the I. &. G.N. Railroad
Company Survey, Abstract No. 367. in Fort Bend County, Texas, being a portion of a
called 562.43 acre tract conveyed to Grand Mission Holdings, LLC, by Special Warranty
Deed recorded under Clerk's File No. 2002084771 of the Fort Bend County Official
Public Records of Real Property and being all of a called 7.9g acre tract and a 2.29 acre
tract conveyed to Grand Mission Holdings, LP by Special Wamnty Deed recorded under
clerk's File No. 2003120841 of the Fort Bend County Official Public Records of Real
Property; said 76.67 acres being more particularly dcscnbed in Exhibit • A· attached
hereto.
TO HAVE AND TO HOLD the above described Property, together with all and singular
the rights and appurtenances thereunto in anywise belonging unto said Gnmtee, its successors
and assigns forever. And Grantor does hereby bind itself, its successors and assigns, to
WARRANT and FOREVER DEFEND all and singular the Property unto said Grantee, its
successors and assigns. against every person whomsoever lawfully claiming or to claim the same
or any part thereof, by, through or under Grantor, hut not otherwise.
This conveyance is made and accepted expressly subject to -any and all restrictions"
covenants, conditions, agreements, assessments, maintenance charges. easements. and previously
conveyed or reserved mineral and royalty interests, if any, relating to the Property, but only to
the extent they U'e
in effect aDd shown of record in the hereinabove mentioned county and
state, and to all zoning laws, regulations and ordinances of municipal and/or govenunental
authorities, if any, bu' only to the extent they an: still in effect relating to the Property.
Additionally, and notwithstanding the foregoing. this conveyance is made subject to any and all
matters of record in the county where the Property is located and to all marten; reflected on the
pial of the Propeny.
roll
This Deed is executed and delivered by Grantor and accepted by Grantee, subject to the
following restrictive covenants, which restrictive covcn8DlS shall apply only to the Property and
improvements or structures placed thereon in the fu~ be deemed covenants running with the
Property, binding upon Grantee, its successors and assigns as owners of the Property, and
forcible by Gl3Dtor, its successors and assigns, as owner

Minutes Packet

Transcription

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