Texas Tuesday, December 12,2000 1:00 O'clock P.M

December 12, 2000 IMAGED ~PAGES ON \';).\5.-0(/, NOTICE OF MEETING DATE FORT BEND COUNTY COMMISSIONERS COURT 7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS TUESDAY, DECEMBER 12,2000 1:00 O'CLOCK P.M.

AGENDA

Call to Order

2 Invocatton and Pledge of Allegiance by COtnm1SSlOnerPatterson

3 Approve mlOutes of meet109of December 5, 2000

4 Announcements and Public Comments

CONSENT AGENDA ITEMS 5 - 25: 5. Approve out-of-state travel requests for County personnel and enter into the record the out-of-state travel requests for elected officials: A. 328th District Court - Judge Tomas. O. Stansbury to Las Vegas, Nevada from February 21 - 24, 2000 to attend the 15th Annual Trial Institute.

NOTICE

Pohey ofNon-Th3cnro.matlon on the BasIS ofIMahthty

Fort Bend County does nat daBcrunmate on the ham of dtsabIbly JJl the admustOD or access to, ortreatmmt or employmert m, Its prognmts or actlv1tl($ ADA Coordmator, RJ.sklManagement Imurance Dept 7th Boor, Travl!I Buildmg, Rtdunond. Texas 777469, phone 281-341-8618 has been dellignated to coordlrulte oomphance

With the non-dliiCl"1IlUIIlIbon reqUU'eUl.enta In Seal.on 35 107 of the Department of Jll:itlce regulaUorw· lntOmtatkm concenung the prov~lOllIJ of the Amettclllli with DtJJllbililles Act, and the ngirts proVI~ thereundet>, are aV1l11abiefrom the ADA coordinator

I December 12, 2000

6. COMMUNITY DEVELOPMENT: Discuss and consider action to authorize the County Judge to sign the following CDBG Agreements: A. City of Orchard, Water Well/Storage Tank Construction $270,000.00 B. City of Needville, Water LinesIFire Hydrants $161,000.00 C. Child Advocates, Child & Family Specialist/Services $ 25,000.00 D. City of Rosenberg, 6th Street Drainage Improvements $316,000.00

7. CONSTABLE PCT. 2: A. Deliberate and take action on Contract Deputy Renewal Agreement between Fort Bend County and Quail Run CIA. B. Deliberate and take action on Contract Deputy Renewal Agreement between Fort Bend County and Briar Villa CIA.

8. CONSTABLE PCT. 4: Approve 2001 Contract Deputy Agreement between Fort Bend County and New Territory Residential Community Association.

9. COUNTY ATTORNEY: Deliberate and take action on proposed Oil, Gas and Mineral Lease between Fort Bend County and Yuma Exploration and Production Company, Inc.

10. COUNTY JUDGE: A. Approve total payment of $48,011.99 to Signaltron, Inc. for installments and materials for wiring at the Rosenberg Annex. (Fund: 252045 7015) B. Approve First Quarter (22% of grant) and Third Quarter (15.5% of grant) payments totaling $13,055.57 to Vertex for grants received by Fort Bend County with their assistance. (Fund: 0100454010) C. Set 2001 Commissioners Court dates as follows: every Tuesday except for the 3rd Tuesday of the month. D. Designate Court Rooms for new courts as follows: Room 100 in Jane Long Building to be County Court at Law No.4 and Room 103 in Old Courthouse to be the 400th District Court.

2 December 12,2000

11. DISTRICT ATTORNEY: A. Discuss and take appropriate action on Renewal Agreement between Fort Bend County and Crime Victim AUiance in the amount of $26,378.57 for public education related programs and assistance to crime victims. B. Record into the minutes the District Attorney's Worthless Check Budget 2001. C. Approve and record into the minutes the District Attorney's Office Fund 141 Asset Forfeiture Budget (Federal). D. Approve and record into the minutes the District Attorney's Office Fund 159 Asset Forfeiture Budget (State). E. Authorize the submission of continuation grants through HGAC to the Governor's Office/Criminal Justice Division: Violence Against WomenIDomestic Violence Prosecutor, Violence Against WomenIDomesttc Violence Investigator, Victim Witness Expansion and NarcoticsJDangerous Drug Prosecutor.

12. DISTRICT CLERK: Approve transfer of $1,000.00 from Conferences & Travel into IT -Software for a additional training and software for jury software.

13. 240TH DISTRICT COURT: Consider approving transfer of $20,000.00 from 240th District Court Fees & Services into 400th District Court Fees & Services.

3 December 12, 2000

D. Deliberate and take action on Resolution for Fort Bend County to participate in the Development of Mason Road from FM 359 to Grand Parkway (SH 99). E. Approve payment to Kirksey Partners Architeets in the amount of $23,822.05 for architectural design work for South Post Oak Community Center, Pet.2. F. Accept reduction bond #SA3806 in the amount of $38,250.00 for Bissonnet Road Bridge over Keegans Bayou (South Structure), and release bond #05 32 76 in the amount of $69,835.00 for Paving of Bissonnet Road from State Highway 6 to Rocky Valley Drive, Pet. 3. G. Accept reduction bond #61BCSAL9992 in the amount of$52,230.00 for Bissonnet Road-Richmond Gaines Road to Keegans Bayou, and release bond #8106 07 04 in the amount of $112,500.00 for Bissonnet Street at Richmond Gaines Road Street Dedication, Pet. 3. H. Set public hearing for acceptance of the traffic control plan for Park Pointe, Section 4, 5, 6 & 7, and to revise speed limit signs in Section 1, 2 & 3 to refleet 30

mph instead of 25 mph, Pet. 4. (January 9, 2001 @ 1:00 p.m.) I. Set public hearing for acceptance ofthe traffic control plan for Mission West Elementary School on Clodine-Reddick Road to install "No Parking" signs along the west side of Clodine-Reddick Road from FM 1494 to just past Tierra

Alta Drive, Pet. 3. (January 9, 2001 @ 1:00 p.m.) J. Accept the Easement Grant and Dedication, granting the City of Rosenberg a water and sanitary sewer line easement along Spur 529 on a certain traet of land consisting of 0.0333 acres, Pet. 1. K. Accept the streets in Greatwood Fairview, Section 1, and release bond #131080 in the amount of $69,450.00, Pet. 1. Twining Trail Lane 916.05 LF Bent Trail Court 230.55 LF Leaf Springs Court 75.00 LF TOTAL: 1,221.60 LF

4 December 12, 2000

L. Accept the streets in Greatwood Brooksmill, Section 1, and release bond #131082 in the amount 0($345,300.00, Pet. 1. Big Bend Drive 1,202.83 LF Old Trail Court 168.87 LF Cross Trail Drive 119.56 LF Shady Bend Drive 1,049.82 LF Cross Valley Drive 817.88 LF Shady Valley Drive 488.00 LF Green Valley Drive 1,005.02 LF Winding Brook East Drive 1,554.47 LF TOTAL: 6,406.45 LF M. Accept the streets in Greatwood Stonebridge, Section 1, and release bond #131078 in the amount of $319,000.00, Pet. 1. Winding Brook West Drive 393.48 LF Big Bend Drive 536.13 LF Summer Terrace Drive 729.34 LF Hidden Terrace Drive 1,426.96 LF Quiet Terrace Drive 240.00 LF Cross Trail Drive 585.58 LF Terrace View Drive 830.40 LF High Terrace Drive 130.33 LF Summer Forest Drive 927.72 LF TOTAL: 5,799.94 LF N. Set public hearing for acceptance of the traffic control plan for Greatwood Fairview, Section 1, Greatwood Brooks Mill, Section 1, and Greatwood Stonebridge, Seetion 1, Pet. 1. (January 9, 2001 @ 1:00 p.m.) O. Set public hearing for acceptance of the traffic control plan for Armstrong

Road, Shendler Road and VrUa Road, Pet.l. (January 9, 2001 @ 1:00 p.m.) P. Approve the plat for US Storage/Cinco Ranch, Pet. 3. Q. Approve the plat for Cinco Ranch FM 1093 Traet, Partial Replat, Pet. 3. R. Approve the plat for Cinco Ranch Commercial Reserve, Section 2, Pet. 3.

5 December 12, 2000

S. Approve the plat for Cinco Ranch Blvd. From Westheimer Parkway to Willow Fork Bayou, Pct. 3. T. Approve the plat for Cinco Ranch West, Section 3, Pet. 3. U. Approve the plat for Cinco Ranch West, Section 4, Pet. 3. V. Approve the plat for Cinco Ranch West, Section 5, Pet. 3. W. Approve application from Fort Bend Communications to construct a driveway tie-in onto Katy Gaston, Pet.3. X. Approve application from Acacia Natural Gas Corporation to construct a driveway onto Baker, Pet.!. Y. Approve application from Acacia Natural Gas Corporation to bore under Meyer Road, Pct.l Z. Approve application from Mega Construction Corporation to construct two driveways onto Voss Road, Pct.3. AA. Approve application from Alltel Communications to bore under Stafford Run Creek, Pets. 2&3. BB. Approve releasing cashier check #2703003014 in the amount of 52,000.00 to Kaufman & Broad for completion of work on Bissonnet, Pet.3. Cc. Approve releasing cashier check #471-7424050 in the amount of $2,000.00 to Lopez Golf Management for completion of work on ditch 1I-B-2-A-3, Pet.l.

15. EXTENSION SERVICE: Discuss and take appropriate action on Lease Agreement between Fort Bend County and Farm Service Agency to occupy space in the Fort Bend County Agricultural Center.

16. HUMAN RESOURCES: A. Approve reclassification of Position 003-0027 in the Tax Assessor/Colleetor Department from a Clerk 111 (Paygrade 6) to a Clerk II (Paygrade 5). B. Approve the salary assignment for a new hire in the Sheriff's Department (Position 027-0267 Detention Officer - Civilian) from Grade 5 Step 2 to Grade 5 Step 4.

6 December 12, 2000

17. JUSTICE OF THE PEACE, PCT. 2: Approve transfer of $2,600.00 from IT-Hardware ($570.00) and Capital Assets ($2,030.00) into Property & Equipment to purchase equipment for software implementation, to build a workstation, purchase a me cabinet, office and camera equipment, chair and floor mats.

18. LIBRARY: Approve transfer of $5,000.00 from Retirement into Utilities to continue paying utilities through December 2000.

19. NON-DEPARTMENTAL: Approve transfer of $375,688.00 from County Judge ($3,265.00), Tax Assessor/CoUeetor ($5,881.00), County Auditor ($675.00), County Treasurer ($113.00), Distriet Attorney ($5,169.00), Child Support ($1,466.00), Constable Pet. 1 ($852.00), Sheriff - Detention ($249,819.00), Library ($31,107.00), Health Department ($6,769.00), Extension Service ($1,402.00), EMS ($30,907.00), MIS ($25,235.00), Telecommunications ($5,691.00), Engineering ($110.00), Purchasing ($1,221.00), Commissioner Pet. 1 ($120.00), Commissioner Pet. 2 ($4,211.00), Records Management ($1,675.00) into Contingency ($61,587.00), County Clerk ($1,457.00), Distriet Clerk ($2,683.00), Human Resources ($18,133.00), Building Maintenance ($502.00), Justice of the Peace 1,2 ($346.00), Justice of the Peace Pet. 3 ($4,321.00), Sheriff - Enforcement ($248,129.00), Animal Control ($2,869.00), Bail Bond Board ($1,348.00), Fire Marshal ($2, 195.00), Emergency Management ($2,837.00), Justice of the Peace Pet. 2 ($71.00), County Attorney ($20,043.00), DPS ($965.00), Elections ($3,923.00), Parks ($2,645.00), Commissioner Pet. 3 ($1,642.00), Commissioner Pet. 4 ($5,184.00) and Health & Human Services ($320.00) to transfer excess salaries for the fourth quarter to Contingency, and to transfer funds into those departments who wiD be short in their salaries line item.

20. PURCHASING: Discuss and take appropriate action on Renewal Agreement between Fort Bend County and Lamar CISD for purchase of certain materials and services through the County's purchasing program.

7 December 12, 2000

21. RISK MANAGEMENT: Approve renewal of public entity package including, workers compensation, various liability policies and contract for managed care witb Argus.

22. ROAD & BRIDGE: Approve transfer of $2,500.00 from Fees & Services into IT- Software for the purchase of upgrade of F1exi Sign Software to operate sign shops.

23. SHERIFF'S DEPARTMENT: Approve transfer of $20,789.00 from Property & Equipment ($750.00) and Capital Assets ($20,789.00) into IT-Hardware for the purchase of a digital photographic equipment.

24. SOCIAL SERVICES: Approve the receipt of private donations totaling $3,160.00 for the "Walk with Pride" Shoe Program, for assistance to school age children from low income households.

25. TAX ASSESSOR/COLLECTOR: Discuss and take appropriate action on Resale of Property taken under Cause No. 83,393; City of Rosenberg vs. Jessie Rangel

26 I 00 P m - Hold Public Heanng and consider taking action on the following matters A Change the name of Williams Wife Road to Williams Way Boulevard, Pet 1 B Acceptance of the traffic control plan for Woodbndge of Fort Bend County, Section 1,2& 3, Pct 3

27 COMMISSIONER PCT 3 ConSider approving waIVer of tax penalty and Interest In the amount of$I,143 97 (#4749-00-000-0010-907 and $164 99 (#4749-00-000-0011-907) for Lynette D DaVIS& Farhad Roozbeh

8 December 12,2000

28 BUDGET OFFICE A Dehberate and take all necessary aclion to declare an emergency and amend the 2000 budget by $205,000 00 for the Fort Bend County FIre Marshal's Office fire runs B Dehberate and take all necessary actIOnto declare an emergency and amend the 2000 budget by $20,000 00 for County Court at Law No 2 to pay for court appomted attorneys C Deliberate and take all necessary actIOnto declare an emergency and amend the 2000 budget by $27,345 00 for County Court at Law No 1 to pay for court appomted attorney's

29 BUILDING MAINTENANCE ConSider approvmg transfer of $4,000 00 from Contingency mto BUilding Repalfs to replace the carpet m the Old ComrmsslOners Courtroom, for the new County Court at Law No 4 Fund Leose Fund/State)

30 CONSTABLE PCT 4 ConSIder approvmg reimbursement to Sgt Rob Casler III the amount of $406 06 for Regional Counter Drug Training Academy/K-9 Drug Detector Dog Recerlification and Enhancement School

31 COUNTY ATTORNEY Dehberate and take actIOnon correction of exchange of property between Fort Bend County and City of RIchmond (August 24, 1999)

32 ENGINEERING A Approve amended hcense agreement WIthC S R , Incorporated for the mstaiiation of a groundwater monitor well, Pct 1 B ConSider approving Change Order No 4 (add $6,018 60) and Change Order No 5 (add $5,637 50) and Change Order No 6 (add $3,845 00) to Bass Construction Company Incorporated for work done at the Rosenberg Annex, Pet 1

9 December 12,2000

33 HEALTH & HUMAN SERVICES A Consider opemng the 200 I budget and authonze the creation of new posItion, Vector Control Supervisor This posItion ISto supervise mosqUito control (foggmg, trappmg, laboratory analysIs and testmg) Effective date, January 1,2001 B ConsIder opemng the 200 I budget and authonze fundmg of the new poslnon from Contmgency m the amount of $54,08961

34 PURCHASING A ConSider taIang acnon on the followmg bids 1 Bid #01-004 - Trophies for summer readmg program 2 Bid #01-006 - Gasolme 3 BId #0 1-007 - Diesel 4 Bid #01-010 - Traffic SIgnS,posts and supplies 5 Bid #01-011 - Tues and tubes 6 Bid #01-013 - Chrysler repair parts B ConSider approvmg Change Order No I from ATEX-DBE, Inc pursuant to Bid #00- 050 Bndge at Cottonwood School Road over Coon Creek m the amount of $6,90000 (Fund Road & Bridge) C ConSider approvmg Change Order no 1 from ATEX-DBE, Inc pursuant to BId #00- 051 Bndge at Modena School Road over Snake Creek m the amount of $5,40000

(Fund Road & Bridge) D Deliberate and conSider takmg actIOnon requests for modificanon to bId speclficanons and extensIOnof bid openmg date pursuant to Bid #00-083 - Newspaper publication E ConSIder executing various contracts for Employee Benefit Plan and Trust F ConSider authonzmg the purchase of one (1) laptop computer for MIS (Fund MIS 1012) G ConSider authonzmg the purchase of computer eqUipment from Dell Marketing, a State of Texas Qualified Informanon Systems Vendor (Fund Library 1012)

35 TREASURER ConSIder approVing County retirement contribution for Year 200 I

10 December 12, 2000

Meet m closed SessIOnto chscuss the followmg matters A Potential Litigation Subrogation Claim Joan JankOWiakand Amanda Bronsell B LItigation C A No H-99-0061, Hortencla Garcia V Ft Bend County, Umted States Dlstnct Court, Southern Dlstnct of Texas, Houston DIvIsion as authonzed by TX Gov Code, See 551/071

Reconvene Open SessIOn and consider takmg actIon on the followmg matters A Potential Litigation Subrogation Claim Joan Jankowiak and Amanda Bronsell B LItigation C A No H-99-0061, Hortencla Garcia V Ft Bend County, United States Dlstnct Court, Southern Distnct of Texas, Houston DiviSion

Adjournment

In the event any of the foregomg Items are not covered m the time allocated on the date of this agenda, the County may order a continuance for the next day until the chscusslOnIScompleted on all Items

FILED r-OR RECORD

TIMe j 0,' cy.-iif :!=~~ DEe 8 2000 ---v- &....,,~,I .. Jmnes C Adolphus, County Judge County CIg'.rortB~..... " ~"'-LI_ Notice of meeting/agenda post~lrMWllham B TraVISBUlldmg, Courthouse & Jane Long Annex, Richmond, Texas on Fnday, December 8, 2000 by 7rl()d;f.ii.j ~

NOTICh

The County CommlSSlcner.l Court of Fort Bend County reserves the ngbt to adjourn Into executive ""'''''IOn at llllYtrrne durmgthe eourse oftlm meebng to dllICU!ls any of the matten lISted above, lIlIlIuthonz.ed by T_ Oovenunert code SeW.ons 551 071 (Coosu1tatlon With Attorney), 551 072 (DeliberatJWJ about ltea.J.

Property), 5'i1 073 (Del1bernUoIDlabout 01fu: and Donations), 551 074 (Personnel Matters) 551 076 (Deliberations about Seeunty DeVices) and 551 086 (EconomiC Developmern)

------

II ADDENDUM TO AGENDA FORT BEND COUNTY COMMISSIONERS COURT 7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS TUESDAY, DECEMBER 12,2000 1:00 O'CLOCK P.M.

The followmg Items should be added to the agenda of Fort Bend County ComnusslOners Court Agenda for Tuesday, December 12, 2000

1 AUDITOR A Consider approvmg transfer of $1,064 00 from AudItorfRetlTement mto Human ResourcesfIemporary-Part lime to budget for temporary part-lime for Human Resources for the remainder of December, 2000 B Dehberate and take actIOnon approval of payment to PTI Incorporated for arclutectural services for the renovalions to Bluendge Park m the amount of $4,00000 (Fund OLO070 4010)

In the event any of the foregomg Items are not covered m the lime allocated on the date of th1s~enda, the County may order a continuance for the next day untll the dISCUSSIOn1S FILED I -- {ECORO completed on all Items .fI;=. TIME /'03 ~ --e=.c.~ DEe 8 2000 James C Adolphus, County Judge 04.....,,-"",,;111..,...... cO~~~fWlJl!wil~1l!Ida posted at Wilham B TraVISBuddmg, Courthouse & Jane Long Annex, Richmond, Texas on Fnday, December 8, 2000 by'-fl!lO/...J.1di ~

NOTICh

Policy ofNon-Discmmnatial 00 the Ba81l1 ofDtsabJhly

Fort BeOO County does not

oompllaflCe with the non-d1s.cnmUlatl.oo~ 111 Soouon 35 107 oCthe Department of Justloe regulatwoa * In{

I, DIanne WIlson, duly elected County Clerk and Clerk of Court, Fort Bend County, Texas do hereby submIt the OffiCIalMInutes of COmmIssIOnersCourt held on the 12TH day of_---'='="""""~~~DECEMBER __ , 2000

DIANNE WILSON, COUNTY CLERK

Now, thorel'ore, be 'he'olvoo cr the monon of Comn"",, on" a'.s~ seconded by COmmISSlOner~ ~ , duly put and carned, It ISordered to accept for record the attached mmutes approved on thIs the 19TH day of ----"=="-'='='--_"DECEMBER 2000

JIM ADOLPHUS, COUNTY JUDGE

I1commlccm doc December 12, 2000

APPROVED MINUTES MINUTES

BE IT REMEMBERED, That on this 12TII DAY of DECEMBER, 2000 CommissIOners Court of Fort Bend County, Texas, met at a scheduled meetmg WIththe folIoWlng present

RL "BUD" O'SHlELES COMMISSIONER PRECINCT 1

GRADY PRESTAGE COMMISSIONER PRECINCT 2

ANDY MEYERS COMMISSIONER PRECINCT 3

JAMES PATTERSON COMMISSIONER PRECINCT 4

DIANNE WILSON COUNTY CLERK

Judge Adolphus absent

When the folIowmg were heard and the folIoWlng orders passed

1. Call to Order.

ComnusslOner O'Shleles presldmg

Call to Order at 1 05 P m

2. Invocation and Pledge of Allegiance by Commissioner Patterson.

InvocatIOn and Pledge of AlIeglance by Comrmssloner Patterson

3. Approve minutes of meeting of December 5, 2000.

Moved by CommisSioner Patterson, Seconded by Commissioner Meyers, duly put and unanimously carned (4-0), It ISordered to approve rmnutes ofmeetmg of December 5, 2000 WIthcorrection on Item 24B

Judge Adolphus absent Commissioner Meyers yes. Commissioner O'Shleles yes Commissioner Patterson yes CommiSSIOnerPrestage yes

1 December 12, 2000

4. Announcements and Public Comments.

Marsha Games, Tax Assessor/Collector discussed pay dlscnmmatlon among employees

Grady Prestage, CommissIOner Pct 2, mVltes all to IDSholiday party at his office on Fnday,

December 15 at noon

Court wdl meet December 19

County holidays on December 25-26

C. Child Advocates, Child & Family Specialist/Services $ 25,000.00 D. City of Rosenberg, 6th Street Drainage Improvements $316,000.00

8. CONSTABLE PCT. 4: Approve 2001 Contract Deputy Agreement between Fort Bend County and New Territory Residential Community Association.

2 December 12, 2000

9. COUNTY ATIORNEY: Deliberate and take action on proposed Oil, Gas and Mineral Lease between Fort Bend County and Yuma Exploration and Production Company, Inc.

10. COUNTY JUDGE: A. Approve total payment of $48,011.99 to Signaltron, Inc. for installments and materials for wiring at the Rosenberg Annex. (Fund: 252 045 7015) B. Approve First Quarter (22% of grant) and Third Quarter (15.5% of grant) payments totaling $13,055.57 to Vertex for grants received by Fort Bend County with their assistance. (Fund: 0100454010) C. Set 2001 Commissioners Court dates as follows; every Tuesday except for the 3rd Tuesday of the month. D. Designate Court Rooms for new courts as follows: Room 100 in Jane Long Building to be County Court at Law No.4 and Room 103 in Old Courthouse to be the 400th District Court.

11. DISTRICT ATIORNEY: A. Discuss and take appropriate action on Renewal Agreement between Fort Bend County and Crime Victim Alliance in the amount of $26,378.57 for public education related programs and assistance to crime victims. B. Record into the minutes the District Attorney's Worthless Check Budget 2001. C. Approve and record into the minutes the District Attorney's Office Fund 141 Asset Forfeiture Budget (Federal). D. Approve and record into the minutes the District Attorney's Office Fund 159 Asset Forfeiture Budget (State). E. Authorize the submission of continuation grants through HGAC to the Governor's Office/Criminal Justice Division: Violence Against WomenIDomestic Violence Prosecutor, Violence Against WomenIDomestic Violence Investigator, Victim Wituess Expansion and NarcoticslDangerous Drug Prosecutor.

3 December 12, 2000

12. DISTRICT CLERK: Approve transfer of $1,000.00 from Conferences & Travel into IT -Software for a additional training and software for jury software.

13. 240TH DISTRICT COURT: Consider approving transfer of $20,000.00 from 240th District Court Fees & Services into 400th District Court Fees & Services.

14. ENGINEERING: A. Deliberate and take action on Agreement between Fort Bend County and Texas Department of Transportation for preliminary engineering work on FM 359 from US 90A to Jones Creek. B. Deliberate and take action on Resolution for Fort Bend County to participate in the Development ofFM 359 from US 90A to Jones Creek. C. Deliberate and take action on Agreement between Fort Bend County and Texas Department of Transportation for preliminary work on Mason Rd from FM 359 to Grand Parkway (SH 99). D. Deliberate and take action on Resolution for Fort Bend County to participate in the Development of Mason Road from FM 359 to Grand Parkway (SH 99). E. Approve payment to Kirksey Partners Architects in the amount of $23,822.05 for architectural design work for South Post Oak Community Center, Pct.2. F. Accept reduction bond #SA3806 in the amount of $38,250.00 for Bissonnet Road Bridge over Keegans Bayou (South Structure), and release bond #05 32 76 in the amount of $69,835.00 for Paving of Bissonnet Road from State Highway 6 to Rocky Valley Drive, Pet. 3. G. Accept reduction bond #61BCSAL9992 in the amount of $52,230.00 for Bissonnet Road-Richmond Gaines Road to Keegans Bayou, and release bond #81060704 in the amount of $112,500.00 for Bissonnet Street at Richmond Gaines Road Street Dedication, Pct. 3. H. Set public hearing for acceptance of the traffic control plan for Park Pointe, Section 4, 5, 6 & 7, and to revise speed limit signs in Section 1, 2 & 3 to reflect 30 mph instead of25 mph, Pct. 4. (January 9, 2001 @ 1:00 p.m.)

4 December 12, 2000 item #14 continued - Engineering:

I. Set public hearing for acceptance of the traffic control plan for Mission West Elementary School on Clodine-Reddick Road to install "No Parking" signs along the west side of Clodine-Reddick Road from FM 1494 to just past Tierra Alta Drive, Pet. 3. (January 9, 2001 @ 1:00 p.m.) J. Accept the Easement Grant and Dedication, granting the City of Rosenberg a water and sanitary sewer line easement along Spur 529 on a certain traet ofIand consisting of 0.0333 acres, Pet. 1. K. Accept the streets in Greatwood Fairview, Section 1, and release bond #131080 in the amount of $69,450.00, Pet. 1. Twining Trail Lane 916.05 LF Bent Trail Court 230.55 LF Leaf Springs Court 75.00 LF TOTAL: 1,221.60 LF

L. Accept the streets in Greatwood Brooksmill, Section 1, and release bond #131082 in the amount of $345,300.00, Pet. 1. Big Bend Drive 1,202.83 LF Old Trail Court 168.87 LF Cross Trail Drive 119.56 LF Shady Bend Drive 1,049.82 LF Cross Valley Drive 817.88 LF Shady Valley Drive 488.00LF Green Valley Drive 1,005.02 LF Winding Brook East Drive 1,554.47 LF TOTAL: 6,406.45 LF

5 December 12, 2000 item #14 continued - Engineering:

M. Accept the streets in Greatwood Stonebridge, Section 1, and release bond #131078 in the amount of $319,000.00, Pet. 1. Winding Brook West Drive 393.48 LF Big Bend Drive 536.13LF Summer Terrace Drive 729.34 LF ffidden Terrace Drive 1,426.96 LF Quiet Terrace Drive 240.00LF Cross Trail Drive 585.58 LF Terrace View Drive 830AOLF ffigh Terrace Drive 130.33 LF Summer Forest Drive 927.72 LF TOTAL: 5,799.94 LF N. Set public hearing for acceptance of the traffic control plan for Greatwood Fairview, Section 1, Greatwood Brooks Mill, Section 1, and Greatwood Stonebridge, Section 1, Pet. 1. (January 9, 2001 @ 1:00 p.m.) O. Set public hearing for acceptance of the traffic control plan for Armstrong

Road, Shendler Road and Vrlla Road, Pet.l. (January 9, 2001 @ 1:00 p.m.) P. Approve the plat for US Storage/Cinco Ranch, Pet. 3. Q. Approve the plat for Cinco Ranch FM 1093 Traet, Partial Replat, Pet. 3. R. Approve the plat for Cinco Ranch Commercial Reserve, Section 2, Pct. 3. S. Approve the plat for Cinco Ranch Blvd. From Westheimer Parkway to Willow Fork Bayou, Pet. 3. T. Approve the plat for Cinco Ranch West, Section 3, Pet. 3. U. Approve the plat for Cinco Ranch West, Section 4, Pet. 3. V. Approve the plat for Cinco Ranch West, Section 5, Pet. 3. W. Approve application from Fort Bend Communications to construct a driveway tie-in onto Katy Gaston, Pct.3. X. Approve application from Acacia Natural Gas Corporation to construet a driveway onto Baker, Pet.l.

6 December 12, 2000 item #14 continued - Engineering:

Y. Approve application from Acacia Natural Gas Corporation to bore under Meyer Road, Pct.l Z. Approve application from Mega Construction Corporation to construct two driveways onto Voss Road, Pct.3. AA. Approve application from AUtel Communications to bore under Stafford Run Creek, Pcts. 2&3. BB. Approve releasing cashier check #2703003014 in the amount of $2,000.00 to Kaufman & Broad for completion of work on Bissonnet, Pct.3. Cc. Approve releasing cashier check #471-7424050 in the amount of $2,000.00 to Lopez Golf Management for completion of work on ditch IT-B-2-A-3, Pct.1.

15. EXTENSION SERVICE: Discuss and take appropriate action on Lease Agreement between Fort Bend County and Farm Service Agency to occupy space in the Fort Bend County Agricultural Center.

16. HUMAN RESOURCES: A. Approve reclassification of Position 003-0027 in the Tax Assessor/Collector Department from a Clerk ill (paygrade 6) to a Clerk IT (Paygrade 5). B. Approve the salary assignment for a new hire in the SheriIT's Department (Position 027-0267 Detention Officer - Civilian) from Grade 5 Step 2 to Grade 5 Step 4.

17. JUSTICE OF THE PEACE, PCT. 2: Approve transfer of$2,600.00 from IT-Hardware ($570.00) and Capital Assets ($2,030.00) into Property & Equipment to purchase equipment for software implementation, to build a workstation, purchase a file cabinet, office and camera equipment, chair and floor mats.

18. LmRARY: Approve transfer of $5,000.00 from Retirement into Utilities to continue paying utilities through December 2000.

7 December 12, 2000

19. NON-DEPARTMENTAL: Approve transfer of $375,688.00 from County Jndge ($3,265.00), Tax Assessor/CoUeetor ($5,881.00), County Auditor ($675.00), County Treasurer ($113.00), Distriet Attorney ($5,169.00), Child Support ($1,466.00), Constable Pet. 1 ($852.00), Sheriff - Detention ($249,819.00), Library ($31,107.00), Health Department ($6,769.00), Extension Service ($1,402.00), EMS ($30,907.00), MIS ($25,235.00), Telecommunications ($5,691.00), Engineering ($110.00), Purchasing ($1,221.00), Commissioner Pet. 1 ($120.00), Commissioner Pet. 2 ($4,211.00), Records Management ($1,675.00) into Contingency ($61,587.00), County Clerk ($1,457.00), Distriet Clerk ($2,683.00), Human Resources ($18,133.00), Building Maintenance ($502.00), Justice of the Peace 1,2 ($346.00), Justice of the Peace Pet. 3 ($4,321.00), Sheriff - Enforcement ($248,129.00), Animal Control ($2,869.00), Bail Bond Board ($1,348.00), Fire Marshal ($2, 195.00), Emergency Management ($2,837.00), Justice of the Peace Pet. 2 ($71.00), County Attorney ($20,043.00), DPS ($965.00), Elections ($3,923.00), Parks ($2,645.00), Commissioner Pet. 3 ($1,642.00), Commissioner Pet. 4

($5,184.00) and Health & Human Services ($320.00) to transfer excess salaries for the fourth quarter to Contingency, and to transfer funds into those departments who will be short in their salaries line item.

21. RISK MANAGEMENT: Approve renewal of public entity package including, workers compensation, various liability policies and contraet for managed care with Argus.

22. ROAD & BRIDGE: Approve transfer of $2,500.00 from Fees & Services into IT- Software for the purchase of upgrade of Flexi Sign Software to operate sign shops.

23. SHERIFF'S DEPARTMENT: Approve transfer of $20,789.00 from Property & Equipment ($750.00) and Capital Assets ($20,789.00) into IT-Hardware for the purchase of a digital photographic equipment.

8 December 12, 2000

24. SOCIAL SERVICES: Approve the receipt of private donations totaling $3,160.00 for the "Walk with Pride" Shoe Program, for assistance to school age children from low income households.

25. TAX ASSESSOR/COLLECTOR: Discuss and take appropriate action on Resale of Property taken under Cause No. 83,393; City of Rosenberg vs. Jessie Rangel.

Moved by CommIssIOner Meyers, Seconded by CommIssIOner Prestage, duly put and

unanImously carned (4-0), It IS ordered to approve consent agenda Items 5-18 and 20-25

(Item 24 donated by Fluor DanIel Corporation)

Judge Adolphus absent CommISSIoner Meyers yes

CommIssIOner O'Shleles yes CommIsSIOner Patterson yes

CommIssIOner Prestage yes

Moved by CommISSIOner Patterson, Seconded by CommIssIOner Meyers, duly put and

unanImously carned (4-0), It IS ordered to approve consent agenda Item 19 as revIsed by

Budget Officer

Pet. 1 - $220 00 Pet. 3 - $0 00 Contingency - $67,149 00 Pet. 2 - $0 00 Pet. 4 - $2,684 00 County Attorney - $0 00

Judge Adolphus absent CommISSIOner Meyers yes

CommIssIOner O'ShIeles yes CommIssIOner Patterson yes

CommIssIOner Prestage yes

Moved by CommIssIOner Patterson, Seconded by CommIssIOner Meyers, duly put and

unanImously earned (4-0), It IS ordered to authOrIze CommIssIOner Bud O'Shleles to SIgn

documents approved In CommIssIOners Court today In the absence of the County Judge

Judge Adolphus absent CommISSIoner Meyers yes

CommIssIOner O'Shleles yes CommIssIoner Patterson yes

CommissIOner Prestage yes

9 December 12, 2000

26. 1:00 p.m •• Hold Public Hearing and consider taking action on the following matters:

Public hearmgs held on Items 26 A & B No pubhc comments

A. Change the name of Williams Wire Road to Williams Way Boulevard, Pct. 1.

Moved by CommissIOner O'Shleles, Seconded by Commissioner Meyers, duly put and unanimously carned (5-0), It ISordered to change the name ofWllhams Wire Road to Williams Way Boulevard, Pet 1

Judge Adolphus absent Commissioner Meyers yes CommissIOner O'Shleles yes CommissIOner Patterson yes Commissioner Prestage yes

B. Acceptance of the traffic control plan for Woodbridge of Fort Bend County, Section 1, 2 & 3, Pet. 3.

Moved by CommisSioner Meyers, Seconded by CommisSioner Prestage, duly put and unanimously carned (4-0), It ISordered to accept the traffic control plan for Woodbndge of Fort Bend County, Section 1, 2 & 3, Pct 3

Judge Adolphus absent CommiSSIOnerMeyers yes Commissioner O'Shleles yes CommiSSIOnerPatterson yes CommiSSIOnerPrestage yes

10 December 12, 2000

27. COMMISSIONER PCT. 3: Consider approving waiver of tax penalty and interest in the amount of $1,143.97 (#4749-00-000-0010-907 and $164.99 (#4749-00-000-0011-907)

for Lynette D. Davis & Farhad Roozbeh.

Moved by CommIssIOner Meyers, Seconded by CommIssIoner Patterson, duly put and unanImously carned (4-0), It ISordered to deny watver of tax penalty and mterest m the atnount of$I,143 97 (#4749-00-000-0010-907 and $164 99 (#4749-00-000-0011-907) for

Lynette D DaVIS& Farhad Roozbeh

Judge Adolphus absent CommIssIoner Meyers yes CommIssIOner O'Shleles yes CommIssIOner Patterson yes CommIssIoner Prestage yes

28. BUDGET OFFICE: A. Deliberate and take all necessary action to declare an emergency and amend the 2000 budget by $205,000.00 for the Fort Bend County Fire Marshal's Office fire runs.

Moved by CommissIOner Meyers, Seconded by CommIssIoner Patterson, duly put and unanImously carned (4-0), It ISordered to declare an emergency and atnend the 2000 budget by $205,000 00 for the Fort Bend County FIre Marshal's Office fire runs

Judge Adolphus absent CommIssIOner Meyers yes CommIssIoner O'Shleles yes CommIssIOner Patterson yes CommIssIOner Prestage yes

11 December 12, 2000 item #28 continued - Budget Office:

B. Deliberate and take ail necessary action to declare an emergency and amend the 2000 budget by $20,000.00 for County Court at Law No.2 to pay for court appointed attorneys. C. Deliberate and take all necessary action to declare an emergency and amend the 2000 budget by $27,345.00 for County Court at Law No.1 to pay for court appointed attorney's.

Moved by Commissioner Patterson, Seconded by Commissioner Prestage, duly put and

unanimously carned (4-0), It ISordered to approve Items 28 B & C (Fund Fund Balance)

Judge Adolphus absent Commissioner Meyers yes Commissioner O'Shleles yes Commissioner Patterson yes Commissioner Prestage yes

29. BUILDING MAINTENANCE: Consider approving transfer of $4,000.00 from Contingency into Building Repairs to replace the carpet in the Old Commissioners Courtroom, for the new County Court at Law No.4. (Fund: Leose Fund/State)

Moved by CommissIOner Meyers, Seconded by Commissioner Prestage, duly put and unammollsly carned (5-0), It ISordered to approve transfer of $4,000 00 from Contmgency mto BuJ1dmgRepairs to replace the carpet m the Old CommissIOners Courtroom, for the new County Court at Law No 4

Judge Adolphus absent Commissioner Meyers yes CommiSSIOnerO'Shleles yes CommissIOner Patterson yes Commissioner Prestage yes

12 December 12, 2000

30. CONSTABLE PeT. 4: Consider approving reimbursement to Sgt. Rob Casler in the amount of $406.06 for Regional Counter Drug Training Academy/K-9 Drug Detector Dog Recertification and Enhancement School.

Moved by CommissIOner Patterson, Seconded by Commissioner Prestage, duly put and

unanimously earned (4-0), It IS ordered to approve reimbursement to Sgt Rob Casler 10 the

amount of $40606 for RegIOnal Counter Drug TramlOg AcademylK-9 Drug Detector Dog

RecertificatIOn and Enhancement School (Fund Constable Leose Fund/State)

Judge Adolphus absent CommISSioner Meyers yes

CommissiOner O'Shleles yes CommissiOner Patterson yes

Commissioner Prestage yes

31. COUNTY ATTORNEY: Deliberate and take action on correction of exchange of property between Fort Bend County and City of Richmond. (August 24,1999)

Moved by CommiSSioner O'Shleles. Seconded by CommiSSioner Patterson, duly put and

unanimously earned (4-0), It IS ordered to approve correctiOn of exchange of property

between Fort Bend County and City of Richmond (August 24, 1999)

Judge Adolphus absent CommiSSIOner Meyers yes

ComrrussiOner O'Shleles yes Commissioner Patterson yes

CommiSSiOner Prestage yes

13 December 12, 2000

32. ENGINEERING: A. Approve amended license agreement with C.S.R., Incorporated for the installation of a groundwater monitor well, Pct.l. B. Consider approving Change Order No.4 (add $6,018.60) and Change Order No. 5 (add $5,637.50) and Change Order No.6 (add $3,845.00) to Bass Construction Company Incorporated for work done at the Rosenberg Annex, Pct.1.

Moved by CommiSSIOner O'Shleles, Seconded by Commissioner Prestage, duly put and

unammously earned (4-0), It ISordered to approve Items 32 A & B

Judge Adolphus absent CommiSSIoner Meyers yes

Commissioner O'Shleles yes CommiSSIOner Patterson yes

Commissioner Prestage yes

33. HEALTH & HUMAN SERVICES: A. Consider opening the 2001 budget and authorize the creation of new position; Vector Control Supervisor. This position is to supervise mosquito control (fogging, trapping, laboratory analysis and testing). Effective date; January 1, 2001. B. Consider opening the 2001 budget and authorize funding of the new position from Contingency in the amount of $54,089.61. Pass

14 December 12, 2000

34. PtnRC~SUNG: A. Consider taking action on the following bids: 1. Bid #01-004 - Trophies for summer reading program. 2. Bid #01-006 - Gasoline. 3. Bid #01-007 - Diesel. 4. Bid #01-010 - Traffic signs, posts and supplies. 5. Bid #01-011 - Tires and tubes. 6. Bid #01-013 - Chrysler repair parts.

Moved by CommIssIoner Meyers, Seconded by CommIssIoner Prestage, duly put and

unanImously earned (4-0), It IS ordered to award bId on Items 34 AI-6 to low bIdder per

sectIOn or Item

Judge Adolphus absent CommISSIOner Meyers yes

Comrmsstoner O'Shleles yes CommIssIOner Patterson yes

CommIssIoner Prestage yes

B. Consider approving Change Order No.1 from ATEX-DBE, Inc. pursuant to Bid #00-050 Bridge at Cottonwood School Road over Coon Creek in the amount of $6,900.00. (Fund: Road & Bridge)

Moved by CommIssIOner Patterson, Seconded by CommISSIOner O'Shleles, duly put and

unanImously earned (4-0), It IS ordered to approve change order No 1 from ATEX-DBE,

Inc pursuant to BId #00-050 Bndge at Cottonwood School Road over Coon Creek III the

amount 0£$6,900 00 (Fund Road & Bndge)

Judge Adolphus absent CommISSIOner Meyers yes

CommIssIOner O'Shleles yes CommIssIoner Patterson yes

CommIssIoner Prestage yes

15 December 12, 2000 item #34 continued - Purchasing:

C. Consider approving Change Order no. 1from ATEX-DBE, Inc. pursuant to Bid #00-051 Bridge at Modena School Road over Snake Creek in the amount of

$5,400.00. (Fund: Road & Bridge)

Moved by CommissIoner Patterson, Seconded by CommIssIoner Meyers, duly put and unanImously carned (4-0), It ISordered to approve change order no 1 from ATEX-DBE, Inc

pursuant to Bid #00-051 Bndge at Modena School Road over Snake Creek 10 the amount of $5,40000 (Fund Road & Bndge)

Judge Adolphus absent CommIssIoner Meyers yes CommIssIoner O'Shleles yes CommIssIoner Patterson yes CommIssIoner Prestage yes

D. Deliberate and consider taking action on requests for modification to bid specifications and extension of bid opening date pursuant to Bid #00-083 - Newspaper publication.

Moved by CommissIOner Meyers, Seconded by CommIssIoner Prestage, duly put and unanImously carned (4-0), It ISordered to approve requests for modIficatIon to bId speclficattons pursuant to BId #00-083 - Newspaper publtcatton

Judge Adolphus absent CommissIOner Meyers yes Commissioner O'Shleles yes CommiSSIOnerPatterson yes CommiSSIOnerPrestage yes

E. Consider executing various contracts for Employee Benefit Plan and Trust.

Pass

16 December 12, 2000 item #34 continued - Purchasing:

F. Consider authorizing the purchase of one (1) laptop computer for MIS. (Fund:

MIS 1012)

Moved by CommIssIoner Meyers, Seconded by CommlsslOner Prestage, duly put and unanImously carned (4-0), It ISordered to authoflze purchase of one (1) laptop computer for MIS (Fund MIS 1012)

Judge Adolphus absent CommIssIoner Meyers yes Commtssloner O'Shleles yes CommIssIoner Patterson yes CommIssIoner Prestage yes

G. Consider authorizing the purchase of computer equipment from Dell Marketing, a State of Texas Qualified Information Systems Vendor. (Fund: Library 1012)

Moved by CommIssIOner Patterson, Seconded by CommisSioner Prestage, duly put and unanImously carned (4-0), It ISordered to authoflze the purchase of computer eqUIpment from Dell Marketmg, a State of Texas Qualtfied Information Systems Vendor (Fund Library 1012)

Judge Adolphus absent CommIssIoner Meyers yes CommIssIoner O'Shleles yes CommIsSIoner Patterson yes CommIssIoner Prestage yes

35. TREASURER: Consider approving County retirement contribution for Year 2001.

Moved by CommIsSioner Patterson, Seconded by CommIssIOner Prestage, duly put and carned (3-1), It ISordered to approve 1049% employer contnbutlon rate on county retirement for year 2001 as presented by County Treasurer

Judge Adolphus absent CommiSSIOnerMeyers no CommiSSIOnerO'Shleles yes Commissioner Patterson yes CommlsslOner Prestage yes

17 December 12, 2000

36. Approve bills.

Moved by Commissioner Meyers, Seconded by Commissioner Prestage, duly put and

unanimously earned (4-0), It ISordered to approve bills III the amount 0£$1,055,541 09

Judge Adolphus absent Commissioner Meyers yes Commissioner O'Shleles yes CommissIOner Patterson yes Commissioner Prestage yes

ADDENDUM.

1. AUDITOR:

A. Consider approving transfer of $1,064.00 from AuditorlRetirement into Human

Resourcesffemporary-Part time to budget for temporary part-time for Human

Resources for the remainder of December, 2000.

B. Deliberate and take action on approval of payment to PTI Incorporated for

architectural services for the renovations to Blueridge Park in the amount of

$4,000.00. (Fund: 0100704010)

Moved by Commissioner Prestage, Seconded by Commissioner O'Shleles, duly put and

unanimously earned (4-0), It ISordered to approve Addendum Items 1 A & B

Judge Adolphus absent Commissioner Meyers yes Commissioner O'Shleles yes CommissIOner Patterson yes Commissioner Prestage yes

Recess.

Recessed at I 50 P m

18 December 12, 2000

37. Meet in closed Session to discuss the following matters: A. Potential Litigation: Subrogation Claim: Joan Jankowiak and Amanda Bronsell. B. Litigation: C.A. No. H-99-0061; Hortencia Garcia V. Ft. Bend County; United States District Court, Southern District of Texas, Houston Division. as authorized by TX. Gov. Code, Sec. 5511071.

Closed Session.

Convened at 2 10 P m

Adjourned at 2 20 P m

Reconvene.

Reconvened at 2 20 P m

38. Reconvene Open Session and consider taking action on the following matters: A. Potential Litigation: Subrogation Claim: Joan Jankowiak and Amanda Bronsell.

Moved by CommIssioner Patterson, Seconded by CommIssIoner Meyers, duly put and

unanImously earned (4-0), It IS ordered that ComrntsslOners Court on behalf of Fort Bend

County approve and accept a proposal made by letter dated 11/28/2000 for the settlement of

County healthcare plans subrogatIOn hen agamst the personal mjury chums asserted by Joan

JankOWiak arlsmg from the accIdent on 9/25/1999

Judge Adolphus absent CommISSIOner Meyers yes

CommIssIoner O'Shleles yes CommISSIOner Patterson yes

CommIssIoner Prestage yes

Pass on Subrogatton Claim on Amanda Bronsell

19 December 12, 2000

CORRECTED COpy item #39 item #38 continued - Reconvene Open Session and consider taking action on the following matters:

B. Litigation: C.A. No. H-99-0061; Hortencia Garcia V. Ft. Bend County; United

States District Court, Southern District of Texas, Houston Division.

Moved by Commissioner Meyers, Seconded by Commissioner Prestage, duly put and

unanimously carned (4-0), It IS ordered to authonze County Attorney to negotiate complete

terms and proVisions for the full and final settlement civil actIOn No H-99-0061, Umted

States District Court, Southern District of Texas, Houston DIvIsIOn, styled HortencJa Garcia

V Fort Bend County 10 accordance With the basic terms of settlement recommended by

Commissioner Patterson, and enter mto record the above cause followmg the moderated

settlement conference, and authonze Commissioner Patterson to execute and deliver the

settlement agreement recommended for approval by the County Attorney

Judge Adolphus absent CommiSSIOner Meyers yes

Commissioner O'Shleles yes CommiSSIOner Patterson yes

CommiSSIOner Prestage yes

39. Adjournment.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shleles, duly put and

unanimously carned (4-0), It IS ordered to adjOurn Commissioners Court at 2 22 P m on

Tuesday, December 12, 2000

Judge Adolphus absent Commissioner Meyers yes

CommiSSIOner O'Shleles yes CommiSSIOner Patterson yes

CommiSSioner Prestage yes

20 FORT BEND COUNTY TRAVEL AUTHORIZATION

TO: COMMISSIONERS COURT

I hereby request penrusslOn for the followmg person(s) to make an offIcIal tnp outsIde of Fort Bend County'

Thomas O.Stansbury

DATE OF DEPARTURE ---..:2=-

DATE OF RETURN ---"oZLJ/Z""4'L/O"-'1'-- _

DESTINATION. Las Vegas, NV

PURPOSE OF TRIP. to attend the 15th Annual Tn-al Institute

MODE OF TRANSPORT ATION airline

FUNDING SOURCE -'--'-'------0701 ********** ••*********************************************************************

DEPARTMENT HEAD APPROVAL:NaJ~~5;p~~~"'"~T:'--l....~~-..±:1~,J...

APPROVED COMMISSIONERS COURT: Presldmg Offlclal--l-l.Y-~?t:!-.W~~~_

Date. /)..-/2 -:J.-{){X)

(Emergency Approval Date )

PINK ropy Att.eb To Tn.... R.tp&M GOLDENROD COPY D...-...

,------~- AGREEMENT

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

This Agreement is by and between the CIty of Orchard, a body corporate and POhtlC under the laws of the State of Texas (hereInafter referred to as CIty) and Fort Bend County, a body corporate and pohtic 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, applicatlOn number B-OO-UC-48-0004, wluch has been approved by the U S Government through the U S Department of HOUSIngand Urban Development

WHEREAS, the CIty dId agree to cooperate to be Included in the grant applicatlOn, and,

WHEREAS, included m the approved grant apphcatlOn for the constructlOn of a water well and elevated storage tank for a total cost of $270,000 00, hereInafter referred to as the Project"; and,

WHEREAS, the County is the grantee named in the grant charged WIth comphance of the federal laws, rules, and regulatlOns relating to the expenditure of funds receIved from the U S Government pursuant to the approved CommunIty Development Block Grant apphcatlOn, and,

WHEREAS, the CIty ISnot famlhar WIth such federal laws, rules, and regulatlOns relatIng to the expendIture of U. S Government funds under the CommunIty Development Block Grant apphcatlOn; and,

WHEREAS, the County deSlfes to assure comphance WIth such laws, rules, and regulatlOns 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 m accordance Wlth the gwdelmes, rules, and regulations reqwred by the U S Department of Housmg and Urban Development (hereinafter referred to as HUD)

DUTIES OF THE COUNTY AND CITY

Walun SIXty(60) days after the date tlus Agreement is executed by both parties, the City will submit two (2) sets of the prelimmary plans and specifications for the Project to the County for the County's review and comments The County shall review the prelimmary plans and specifications and return one (I) set to the City Wlth comments Wlthm fifteen (15) 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 Wlth BUD/County technical requuements Four (4) set of the final plans and speCificatIOns shall be returned to the County withm thirty (30) days

The City shall be responsible for the admlIDstratlOn of the purchase contracts, With the County approvmg the award of the bid The City shall, at ItS own expense, furnish the necessary mspectlOn persormel to assure itself of compliance With the Agreement. The County shall fund the Project as set forth in thiS Agreement

Withm forty-five (45) days after approval by the County of final plans and speCifications, the City will advertise for and receive bids for the Project m accordance With the approved plans and speCificatIOns m the marmer Similar to that of other City projects

Upon receipt and tabulatIOn of the bids for the ProJect, the City will determme the lowest and best bid for the ProJect. In the event the lowest and best bid for the Project is an amount that would result m the cost of the Project bemg equal to or less than the sum of $225,500 00, the City will notify the County of the amount of the lowest and best bid for the Project. Upon such notificatIOn to the County, the County Wlll transmit to the City wntten notice to proceed.

In the event the lowest and best bid for the Project ISan amount in excess of the sum of $225,50000, then the County shall have the following four (4) optIOns.

I The CoUnty may agree to use those Community Development Block Grant funds deSignated as contingency to fund the constructIOn costs to meet the lowest and best bid received by the City If the County agrees to use contingency funds to meet the lowest and best bid, the County will transmit to the City written notice to proceed, or

2 2 The City shall notifY the County of the bid. The County shall undertake to negotiate WIth the City for the City to agree in writmg to pay the additional costs of the Project In the event the City agrees m writmg to pay the additional costs, the County WIll notifY the City to proceed to let the contract and contmue with the constructIOn of the Project If the City faIls to agree in wntmg to pay saId additIOnal costs and County faIls to use contmgency funds, the City, With wntten approval of the Director of the Fort Bend County Commumty Development Departlnent, may reject all bids and elect not to proceed WIth the letting of the contract The Project shall be termmated without any further obligations to County; or

3 The City shall notifY the County of the bid and undertake to negotIate with the County for the County to agree m wrltmg to reduce or delete specific Items m the bId proposal so that bids wIll be Wlthm the amount of aVailable constructIOn funds In the event the County agrees m wnting to reduce or delete Items m the bid proposal, the CIty WIll re-bld the Project and proceed as If it were the ongmal bId; or

4 The City, WIth the written approval of the DIrector of the Fort Bend County CommunIty Development Department, may reject all bIds and elect not to proceed WIth the lettmg of the contract and termmate the Project without any further oblIgatIOns to the County

The City and the County, through Its CommunIty Development Department DIrector, may by pnor written agreement mutually agree to re-allocate the funds to new Ime Items created in the budget

III

PROJECT COSTS

For and m consIderatIOn of the Project as herein set forth, the County agrees to fund project costs not to exceed the total sum of Two Hundred Seventy Thousand and NolI 00 Dollars ($270,000.00) as set forth m 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 $222,500.00 Contingency 22,250.00 Engineering Fees 25,250.00

Total CDBG Funds $270,000.00

3 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.

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 Seventy Thousand and No/IOO Dollars ($270,000 00). City shall submit an mVOlceupon delIvery of the Project Such inVOIce shall include any other documentatIOn requested by the County. All mVOlcesshall be approved by the Fort Bend County Commumty Development Department pnor to payment

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 recelvmg funds for the purpose of paymg the entue 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-00-UC-48-0004, entitled Community Development Block Grant Accordmgly, notwlthstandmg anythmg herem to the contrary, the maximum lIabilIty of the County under the terms and provlSlons of thiS Agreement shall not exceed $270,000 OOorthe amount actually received by the County from BUD 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 hmlted to Federal funds received pursuant to the Grant Agreement m connectIOn With the Community Development Block Grant Program of the U S Department of Housmg 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 obhgatlOn to the City

AGREEMENT DOCUMENTS

ThiS Agreement mcludes the followmg exhibits and such exhibits are attached hereto and made a part hereof for all purposes:

4 ExhibIt A - CDBG Program ReqUIrements ExhibIt B - CertificatIon for Contracts, Grants, Loans and Cooperative Agreements ExhIbIt C - GUIdelines for Entity DesIgn, Biddmg and Administration of ConstructIOn Projects

ThIS Agreement and the attached exlublts 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 contamed in the Agreement Doc1llllents

VII

NOTICE

Unless otherwise provided m thIS Agreement, any notIce provIded for or permItted to be gIven must be m writmg and delivered m person or by deposltmg same m the Umted States mall, 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 m the maIl as descnbed above shall be conclUSIvely deemed to be effectIve, unless otherwIse stated m tlus 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 heremafter proVIded, be as follows.

If to the County, then to

Honorable County Judge and COlmmssIOners Court Fort Bend County 301 Jackson, SUIte740 RIchmond, Texas 77469

If to the City, then to.

Honorable Mayor and CIty CouncIl CIty of Orchard POBox 59 Orchard, Texas 77464

Each party shall have the right, from tIme to tIme at any tIme, to change ItS respective address and each shall have the nght 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.

5 VIII

RIGHTS OF TERMINATION

The CIty or the County, by and through Its DIrector of the Fort Bend County Community Development Department, may termmate thIS Agreement without cause at any tIme by gIVmg thIrty (30) days wrItten notIce to the other party

IN WITNESS WHEREOF, thIS mstrument m duplIcate ongmals, has been executed by the partIes hereto as follows

a. It has on the \ 'd."""day of DRCg,ro'c.tr, 2000, been executed by ~O~"~ thll C8~Bl?' .JlIag8 of Fort Bend County, on behalf of the County pursuant to an Order of the CommIssIOners Court of the County so authonzmg

b It has on the 30 day of Novembe , 2000, been executed by the Mayor and attested to by the CIty Secretary on behalf of the City pursuant to an Order so authorizing

By J t. O/.5r1Ili'~ 59]!"'" Jttdg/ Ut5f

CITY OF ORCHARD

ATTEST ~

CIty Secretary APPROVED AS TO FORM

6 AUDITOR'S CERTIFICATE

I hereby certIfY that funds are aVailable in the amount of $270,000.00 to pay the "bligOO"" of Fort lknd Conn" nndcr md w,tlnn tire '"llJ;;,<::m~et:n7t ~L.-/

• ROBERT E STURDIVANT County Auditor

7 ORDER AUTHORIZING AGREEMENT BETWEEN

FORT BEND COUNTY AND THE CITY OF ORCHARD

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

On this the ~ day of Del Q.~ , 2000, at a regular meetmg of Commissioners Co slttmg as the governmg body of Fort Bend County;"")~~ motIOn of Commissioner -..l~~W~L __ , seconded by Commissioner 't"'~ ' duly put and earned,

IT IS ORDERED that the Fort Bend County Judge execute the Agreement between Fort Bend County and City of Orchard for federal fundmg of a Community Development Block Grant (CDBG) Program, smd Agreement bemg mcorporated herein by reference for all purposes as though fully set forth herem word for word

8 EXHIBIT A

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQillREMENTS

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Contractor shall comply With Title VI of the ClVlI R1ghts Act of 1964 (P L 88-352) and Title 24 Code of Federal Regulations Part 1 In accordance With the Act, no person in the Umted States shall, on the ground of race, color, or national ongm, be excluded from participatIOn m, be demed the benefits of, or be otherwise subject to dlscnmmatlOn 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 ISthereon 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 restnctions contained m thiS clause for the penod durmg which the real property or structure IS used for a purpose for which the Federal financial assistance ISextended or for another purpose mvolving the provISIon of similar services or benefits. The Contractor Will further comply With federal regulatIOns, 24 CFR Part 1, wluch Implement the act

II.

FAIR HOUSING REQillREMENTS

The Contractor shall comply With the Falf Housmg Act (42 US C 3601-20) and Implementmg regulatIOns at 24 CFR Part 100, Part 109, and Part 110 No person m the Umted States shall, on the baSIS of race, color, religIOn, sex, natIOnal ongm, handicap or familial status, be excluded from partiCipatIOn m, be demed the benefits of, or be subjected to dlscnmmatlOn under any program or activity funded m whole or m part With CDBG funds

III.

EXECUTIVE ORDER 11063

The Contractor shall comply With Executive Order 11063 as amended by Executive Order 12259 and as contamed in 24 CFR Part 107 Contractor will take all action necessary and appropnate to prevent dlscnminatlOn because of race, color, religIOn (creed), sex, or national ongm, m the sale leasmg, rental, or other dispOSItion of residential property and related facilities (mcludmg land to be developed for reSidential use), or m the use or occupancy thereof, if such property and related faCilities area, among other thmgs, proVided m whole or m part With the md ofloans, advances, grants, or contributIOns agreed to be made by the Federal Government.

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 m the Umted States shall on the ground of race, color, relIgIOn. natIOnal ongm or sex be excluded from participation in, be demed the benefits of, or be subjected to discnmination under any program or activity funded in whole or in part with CDBG funds

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 discnmmated agamst on the baSISof race, color, relIgIOn, sex, or national ongm m all phases of employment durmg 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 m employment, upgradmg, demotIOn or transfer, recrUItment or recruItment advertIsmg, layoff or termination, rates of pay, or other forms of compensatIOn and selectIOn for trammg and apprenticeshIp

VI.

RELOCATION, ACQUISITION & DISPLACEMENT

The Contractor agrees to comply WIth 24 CFR 570 606 relating to the acqulSltlon and dIspOSItIOn of all real property utIlIzmg grant funds, and to the displacement of persons, busmesses, nonprofit organizatIOns and farms occurrIng as a direct result of any acqUIsItIOn of real property utIlIzmg grant funds The Contractor agrees to comply WIth applicable Grantee Ordmances, ResolutIOns, and PolIcies concernmg displacement of mdIVlduals from their reSIdences

VII.

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

The Contractor shall comply WIth SectIOn 3 of the Housmg and Urban Development Act ofI968,asamended(12U.SC.1701u).

10 A The Contractor shall, to the greatest extent feasible, give opportunities for trammg and employment to lower-income residents of the County and shall award contracts for work in connection with the Project to busmess concerns that are located m or owned m substantJal part by persons resldmg m the County.

B The Contractor shall mclude the phrase m paragraph A m all contracts for work m 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 Pamt RegulatIOns at 24 CFR 570 608, and 24 CFR Part 35, and in partICular Sub-Part B thereof Such regulatIOns pertam to all HUD-asslsted housmg and reqUire that all owners, prospective owners, and tenants or properties constructed pnor to 1978 be properly notJfied that such properties may mclude lead-based pamt Such notificatIOn shall pomt out the hazards of lead-based pamt and explam the symptoms, treatment and precautIOns that should be taken when dealmg With lead-based paint poisoning

IX.

USE OF DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS

The Contractor shall not use assistance to directly or mduectly employ, award contracts to, or otherwise engage the servlces of, or fund any contractor or subcontractor during any penod of debarment, suspensIOn or placement in ineligibility status under proVISIOnsof 24 CFR Part 24

UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPALS

The Contractor and ItS agencies or instrunJentalitles, and subrecipients shall comply With the poliCies, gUidelmes, and reqUirements of 24 CFR Part 85 and OMB Circulars A-87, A-110 (implemented at 24 CFR Part 84), A-122, A-133 (implemented at 24 CFR Part 45), and A- 128'(lmplemented 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 570502

II XI.

CONFLICT OF INTEREST

A No member of or delegate to the Congress of the Umted States, and no resident Cormmssioner, shall be admitted to any share or part of this Agreement or to any benefit direct or mdlrect that arises from the Agreement

B. In accordance with 24 CFR Part 570611, no persons descnbed m paragraph C who exercise or have exercised any functIOns WIth respect to CDBG activities or who are m a posItIon to participate m a decIsIOnmakmg process or gammside mformatIon WIth regard to CDBG activities, may obtain a personal or finanCial mterest or benefit from, or have any mterest m any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those With whom they have family or bUSIness tIes, dunng 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 appomted offiCial of the County, Contractor, and of any deSignated public agency, or subreclplent 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 restnctlOns for certam resident aliens Certam newly legalized aliens, as descnbed m 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the programs listed m thiS part of the regulation The Grantee shall proVide the Contractor WIth any gUidelines necessary for compliance Withthat 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 Barners Act of 1968 (42 U S C 4151-4157) which requires certam Federal and Federally funded bUlldmgs and other facilities to be deSigned, constructed, or altered m accordance with the standards that msure 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 US C. 12131 US C. 155, 201, 218 and 225) which proVides comprehenSive CIVilnghts to mdlvlduals With disabilitIes in the areas of employment, public accommodatIOns, State and local government services, and telecommunications The Grantee shall proVide the Contractor With any gUidelmes 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 mmonty and women's business enterpnses m connectIOn WIth funded activities xv.

DISCRIMINATION ON THE BASIS OF AGE OR HANDICAP

The Contractor shall not dlscnmmate on the baSIS of age under the Age DlscrimmatlOn Act of 1975 (42 U S.C 61-1-07) and Implementmg regulatIOns at 24 CFR part 146. The Contractor shall not discnmmate agamst handicapped mdlvlduals under sectIOn 504 of the RehabilItation Act of 1973 (29 U S C 794) and Implementmg regulations at 24 CFR part 8

XVI.

RECORDS FOR AUDIT PURPOSES

Without lImitatIOn to any other provIsion of thiS Agreement, the Contractor shall mamtam all records concernmg the Project that will facilitate an effective audit to determme compliance WIth program reqUirements Records shall be kept for three (3) years from the expuatlon date of the Agreement. The Contractor Will give the County, HUD, and the Comptroller General of the Umted States, the General Accountmg Office or any of theu authonzed representatives access to and the right to examine, copy or reproduce all records pertammg to the acqUisitIOn and constructIOn of the Project and the operatIOn of the Project The nght to access shall continue as long as the records are reqUired to be mamtamed

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 m accordance With the reqUirements of 24 CFR part 24, subpart F

13 EXHIBITB

CertIfication for Contracts, Grants, Loans and CooperatIve Agreements

The undersIgned certIfies, to the best of hIS or her knowledge and belIef that

(1) No Federal appropnated funds have been paId or WIll be paid, by or on behalf of the undersigned, to any person for influencing or attemptmg to mfluence 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 awardmg of any Federal contract, the makmg of any Federal grant, the makmg of any Federal loan, the entering mto 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 appropnated funds have been paId or WIll be paId to any person for Influencmg or attemptmg to mfluence an officer or employee of Congress, or an employee of a Member of Congress m connectIOn wIth thIS Federal contract, grant, loan, or cooperatIve agreement, the underSIgned shall complete and submIt Standard Form- LLL, "DIsclosure Form to Report Lobbymg," m accordance WIthItSmstructIOns

(3) The underSIgned shall reqUIre that the language of thIs certIficatIOn be mcluded m the award documents for all subawards at all tIers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperatIve agreements) and that all subrecIpIents shall certIfy and disclose accordmgly

ThIS certIficatIOn is matenal representatIOn of fact upon WhIChrelIance was placed when thIS transaction was made or entered mto SubmIsSIOn of thIS certificatIOn is a prereqUIsIte for makmg for entering mto 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 CIVIlpenalty of not less than $10,000 and not more than $100,000 for each such faIlure

Executed thIS --:=-=----3::' date of ---=-....:..::--:.::.::...------;A---'

Eug ne (typed or printed name) Mayor (tItle, if any)

Covered ActIOn COMMUNITY DEVELOPMENT BLOCK GRANT (type and IdentIty of program, project or actIvIty)

14 EXHIBIT C

GUIDELINES FOR ENTITY DESIGN, BIDDING AND ADMINISTRATION OF CONSTRUCTION PROJECTS

These gUldelmes are mtended to assist those public entitles receiving Fort Bend County Community Development Block Grant Funds The guidelmes Wlll facIlitate the entity's understandmg and compliance Wlth applicable federal and county regulatIOns, policies and processes where the entity ISresponsible the for design, bidding, and constructIOn admmlstratlOn phases of a project If clarificatIOn IS needed, call CurtiS Wilson, Jr, Project Coordmator, Fort Bend County Community Development Department (CDD), (281) 341-4410

1. The entity must submit the proposed consultant's SF 254 and 255 qualificatIOn statements and professIOnal liability insurance certification for approval pnor to comrmsslOnmg the consultant

2 Upon approval by CDD the entity may retam consultant services

3 The schematic design must be wlthm the prevIOusly approved project scope

4 Prelimmary plans and outlme specificatIOns shall be submitted to CDD to review for compliance With project scope, estimated cost and constructlbility Comments will be returned to the consultant for mcorporatlOn mto the final plans Final plans will be submitted to the County and Wlll be reviewed to ensure compliance Wlth HUD/County techmcal reqUlrements and to msert County-related documents CorrectIOns and comments will be returned to the consultant for reVlSlons Final documents must be approved by CDD

5. Pnor to award of contract, CDD and the County Engineer's Office will review the bid documents, the bidder's qualificatIOn statements, minonty busmess plan and financial statements to ensure that the contractor has a good contractmg record, adequate capitalizatiOn and/or equipment, etc , to successfully complete the project, meets mmonty participation goals and that the bidder has not been debarred by HUD from workmg on federal contracts

6 The Entity shall conduct a prebld meetmg (if necessary) and a preconstructlOn conference With the contractor(s), consultant, and CDD representatives m attendance

7 InspectIOn will be the responsibility of the Entity The County Engmeer Will penodlcally mspect construction.

8 The Entity Will be responsible for preparmg monthly pay estimates. PreparatIOn will consist of a site meetmg with the Entity and/or consultant and the contractor's

15 representatIve to accurately determme the percentage completion of various components of the work and time used The monthly estimate ISbased 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 Engmeer 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 ongmal scope of work and be approved by CDD prIor to processmg No person will have authority to verbally alter, mOdIfY, expand or reduce the reqUirements of the draWings or specificatIOns. All modIficatIOns affectmg 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 omISSIOnsby the consultant will be paId for by the Entity. Total aggregate Changes In Contract wIll not exceed twenty-five percent (25%) of the onginal contract amount

10 CDD Will reVIew all payrolls and conduct workmg mterviews and will hold the general contractor responsIble for complIance With labor, EEO and mmonty busmess reqUirements.

(11/94)

16 APPENDIXl

I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS

Fort Bend County's Commuruty Development Department requITes that engmeering firms submitting qualification statements do so m the manner prescribed below This mformatlOn should substantiate the capacity and ability of the firm and Its staff to perform this type of engmeering work It is also important to list projects completed of a similar nature that demonstrate this capabilIty Any proposal submitted without all of the mformatlOn requested below will be considered as non-responsive

A Submit one (1) copy of mformatlOn on the firm m the form of a corporate resume, mcludmg SF 254 and SF 255 Forms

*B. Submit one (1) copy of current project activities of a similar nature bemg undertaken by your firm (mcludmg dollar amount and contact persons)

*C Submit any other pertinent mformation on the firm's ability to carry out the contractual responsibilities, mcluding such thmgs as eqUipment, use of sub-contracts, special knowledge of the project area or activity bemg considered.

*D Provide a list of persons, and thelT classificatIOn, who Will be assigned to this job and J! breakdown of projected hours Qy classification, person, race, and sex. (As underlmed data ISnot normally found m SF 254/255 forms, It should be proVided separately)

*E. Provide a resume of all employees who Will be asSigned to this proJect, mcludmg a lIstmg of projects havmg Similar work.

F ProVide a detailed scope of work on how you propose to handle thiS ~ of constructIOn, and an hourly estimate for each phase of the work The scope of work should contam categones for imtial site mvestigatlOn, submiSSIOn of preliminary plan (constructIOn drawmgs) for reView, correctIOn of revISions which result from Said reView, techmcal speCificatIOns, easement drawmgs/legal descnptlOns, and meetmgs 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 (1) copy of the Proposal SU1llffiary(AppendiX 2)

I Submit one (l) copy of the Certification for Contracts, Grants, Loans and Cooperative Agreements (Appendix 3)

17 'NOTE It is not necessary to re-list data already mcluded on the SF 254 and SF 255 forms

II. SELECTION CRITERIA

The award of the contract for engmeenng services reqUired by this Request for Proposal shall be determmed by analysIs of, but not necessanly limited to, the followmg factors

A Docmnented eVidence of qualificatIOns, resources and expenence of the proposmg firm to perform the reqUired services;

B. Commitment by the proposmg firm to complete the constructIOn plans, docmnents, deSign surveys and easement descriptions within the required time.

C Other factors as deemed appropnate, mcludmg a review of the Items submitted under Section I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS

III. MBE/WBE PARTICIPATION

Where pOSSible, engmeenng firms are encouraged to utilize the skIlls and services of mmonty businesses m the fulfillment of the contractual responSibilities pertammg to tills project

IV. ENGINEERING SERVICES

The City shall enter mto a contract for engmeenng services as listed below'

The Engmeer WIll be responSible for ascertammg the scope of Improvements outlined m tills report (scope of work) and developing a Layout and Cost Estimate The Engmeer should recommend alternative layouts If field mvestlgatlOns Identify additIOnal problems not covered in the ongmal scope of work

2 Upon directIOn of the City, the Engmeer WIll prepare constructIOn plans and documents as reqUired so as to mstall the scope of work identified in thiS report.

3 The Engineer WIll identify and prepare easementlnght-of-way descnptlOns if necessary

18 APPENDIX 2

PROPOSAL SUMMARY (SubmIt WIth Proposal)

1 Engmeer (FIrm Name)

*2 P E Hours

*3 MmorIty/Female Hours

*4 Total Hours

*These are total estImated hours for the entIre project The data requested here IS m addItIOn to the breakdowns called for In SectIOn I (D & F), PROCEDURES FOR SUBMITTING PROPOSALS.

19 APPENDIX 3

CertIficatIOn for Contracts, Grants, Loans and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief that

(l) 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 WIththe awardIng of any Federal contract, the makIng of any Federal grant, the makIng of any Federal loan, the entenng mto of any cooperatIve agreement, and the extension, contmuatIOn, renewal, amendment or modIficatIOn of any Federal contract, grant, loan or cooperative agreement

(2) If any funds other than Federal appropnated funds have been paId or WIll be paid to any person for influencing or attempting to mfluence an officer or employee of Congress, or an employee of a Member of Congress in connectIOn WIth tlus Federal contract, grant, loan, or cooperatIve agreement, the undersigned shall complete and submIt Standard Form-LLL, "Disclosure Form to Report Lobbying," m accordance WIth ItSInstructIOns

(3) The undersIgned shall reqUIre that the language of thIS certificatIon be included m the award documents for all subawards at all tIers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperatIve agreements) and that all subrecIpIents shall certIfY and dIsclose accordingly.

ThIS certificatIOn IS matenal representatIOn of fact upon whIch reliance was placed when thiS transactIOn was made or entered mto. SubmissIOn of tlus certIficatIOn IS a prereqUisite for makmg for entermg mto 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 CIVilpenalty of not less than $10,000 and not more than $100,000 for each such faIlure

Executed thiS date of -', 20__

By _ (signature)

(typed or printed name)

(title, if any)

Covered ActIOn COMMUNITY DEVELOPMENT BLOCK GRANT (type and identity of program, project or actIvity)

CDBG2000/Contracts/Orchard 2000

20 AGREEMENT

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

This Agreement IS by and between the City of NeedvI1le, a body corporate and polItic under the laws of the State of Texas (heremafter referred to as City) and Fort Bend County, a body corporate and polItic under the laws of the State of Texas (heremafter referred to as County).

WITNESSETH

WHEREAS, the County has submitted a Commumty Development Block Grant to the U S Goverrunent, application number B-00-UC-48-0004, whIch has been approved by the U S Goverrunent through the U S. Department of Housmg and Urban Development

WHEREAS, the City did agree to cooperate to be mcluded m the grant applIcatIOn, and,

WHEREAS, mcluded m the approved grant applIcatIOn for the installatIOn of water lInes and fire hydrants along Uillon and Noble Streets for a total cost of $161,000 00, hereinafter referred to as the Project"; and,

WHEREAS, the County ISthe grantee named m the grant charged with complIance of the federal laws, rules, and regulatIOns relatmg to the expenditure of funds received from the U S Goverrunent pursuant to the approved Commumty Development Block Grant applIcatIOn, and,

WHEREAS, the City ISnot familIar With such federal laws, rules, and regulatIOns relatmg to the expenditure of U S Goverrunent funds under the Community Development Block Grant applIcatIOn; and,

WHEREAS, the County desires to assure complIance With such laws, rules, and reguJations relatmg 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 murually agree as follows I

SCOPE OF AGREEMENT

The County and CIty agree to construct the Project m accordance WIth the gUIdelmes, rules, and regulatIOns reqUIred by the U S Department of Housmg and Urban Development (hereinafter referred to as HUD)

DUTIES OF THE COUNTY AND CITY

The CIty shall be responsible, at Its own expense, for paymg for the deSIgn of the Project

The CIty shall be responsIble for the admlmstratIOn of the constructIOn contracts, WIth the County approvmg the award of the bId The CIty shall, at ItSown expense, furnIsh the necessary mspectIOn personnel to assure Itself of comphance WIth the Agreement The County shall penodlcally mspect the Project dunng constructlon The County shall fund the Project as set forth m thIS Agreement.

Wlthm one hundred twenty (120) days after the date thIS Agreement is executed by both partIes, the CIty WIll submIt two (2) sets of the prehmmary plans and specifications for the Project to the County for the County's revIew and comments The County shall review the prehmmary plans and specificatIOns and return one (I) set to the City WIth comments wlthm fifteen (15) days Comments will be forwarded to the City for mcorporation into the final plans and specifications. Fmal plans and specIficatIOns shall be submitted to the County to ensure comphance with HUD/County technical reqUIrements Four (4) sets of the final plans and specifications shall be returned to the County withm thuty (30) days.

Wlthm forty-five (45) days after approval by the County affinal plans and specIficatIOns, the CIty WIll advertIse for and receive bIds for the constructIOn of the Project m accordance WIth the approved plans and specIficatIOns m the manner SImIlar to that of other CIty projects.

Upon receIpt and tabulatIOn of the bIds for the Project, CIty WIll deternllne 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 ISan amount that would result m the cost of the Project bemg equal to or less than the sum of$161,000 00, City WIllnotlfy County of the amount ofthe lowest and best bId for the Project Upon such nOtlficatIOnto the County, the County WIll transmIt to the CIty wntten 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$161,000 00, then the CIty WIllpay the addItlonal cost of the Project Upon written notification of the lowest and best bId, the County WIll notIfy the City to proceed to let the contract and contmue WIth the constructIOn of the Project

2 The City and the County, through Its Commumty Development Department DIrector, may by pnor wrItten agreement mutually agree to re-allocate the funds among the vanous lme Items of the budget or to new lme Items created m the budget

III

PROJECT COSTS

For and in consideration of the Project as herem set forth, the County agrees to fund project costs not to exceed the total sum of One Hundred SIxty-One Thousand Dollars and No/100 Dollars ($161,00000) as set forth m the Budget for CDBG Funds, which shall be m full and total compensatIOn for payment of all expenses allowed under thIS Agreement and the Grant Agreement WIth HUD

CDBGBudget

Construction $154,000.00 Contingency 7,000.00 Total CDBG Funds $161,000.00

The County shall not be lIable for the payment of expenses or costs whtch are not allowable under the terms of thIS Agreement and the Grant Agreement wIth HUD

PAYMENT

It is expressly agreed and understood that the total amount to be paId by the County under this Agreement shall not exceed One Hundred Sixth-One Thousand and No/100 Dollars $161,000 00) CIty shall submit an mVOIce upon delIvery of the Project Such inVOIce shall include any other documentatIOn requested by the County All mVOIcesshall be approved by the Fort Bend County CommunIty Development Department pnor to payment

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 recelVlng funds for the purpose of paymg the entIre obhgatIon 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-00-UC-48-0004, entItled CommunIty Development Block Grant Accordmgly, notwithstandmg anythmg herem to the

3 contrary, the maximum liability of the County under the terms and provIsIOns of this Agreement shall not exceed $161,000 ODorthe amount 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 Commumty Development Block Grant Program of the U S. Department of Housmg 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 mcludes the followmg exlublts and such exhibits are attached hereto and made a part hereof for all purposes

4 Exhibit A - CDBG Program Requirements Exhibit B - CertificatIOn for Contracts, Grants, Loans and Cooperative Agreements Exihlbit C - Guidelmes for Entity Design, Blddmg and Admmistration of ConstructIOn Projects

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 contamed m the Agreement Documents

VII.

NOTICE

Unless otherwise provIded m this Agreement, any notice provided for or permitted to be given must be m wnting and dehvered m person or by deposltmg same m the Umted States mml, postpmd and registered or certified, addressed to the party to be notified, With return receipt requested, or by dehvering the same to an officer of such party. Notice depOSited m the mail as described above shaH be conclusively deemed to be effective, unless otherwIse stated in this Agreement from and after the expiratIOn of three (3) days after It ISso 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 301 Jackson, Smte 740 RIchmond, Texas 77469

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 aJly time, to change its respective address and each shall have the nght to specifY as its new address, prOVided that at least fifteen (I5) days written notice is given of such new address to the other party.

5 VIII

RIGHTS OF TERMINATION

The CIty or the County, by and through Its Dtrector of the Fort Bend County Commumty Development Department, may termmate this Agreement WIthout cause at any ttme by glvmg thIrty (30) days written notice to the other party

IN WITNESS WHEREOF, thIS instrument m dupltcate ongmals, has been executed by the partIes hereto as follows

a • It has on the \'d.""'f\ day of CJgc,R,rt\\R.r , 2000, been executed by ~D~.Ail Cll~ Jud1geof Fort Bend County, on behalf of the County pursuant to an Order of the CommISSIOners Court of the County so authonzing

b. It has on the 6: day of 1Q.,QfI~ , 2000, been executed by the Mayor and attested to by the City Secretary on behalf of the City pursuant to an Order so authonzmg

" ATTEST: .'~'::,... ., . By ,~ .... "" . ~ J .' " '>.- ,K.L. O!SI7/~ ~ : 1 - ,. QeWlty Judge- ?~I't:>/AM; , . •~ DIanne Wilson .<;;OlJllty Clerk CITY OF NEEDVILLE , ,

ATTEST

APPROVED AS TO FORM

Q'~.t 9 ).cQQ,,o,.- ;;BUD" CHILDERS County Attorney

6 AUDITOR'S CERTIFICATE

I hereby certify that funds are aVailable m the amount of $161,000.00 to pay the obligatIOn of Fort Bend County under and Wltlun the foregomg Agreement

ROBERT E STURDIVANT County Auditor

7 ORDER AUTHORIZING AGREEMENT BETWEEN

FORT BEND COUNTY AND THE CITY OF NEEDVILLE

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

On this the \ do"'(r' day of ~e~~, 2000, at a regular meetmg of Comrmssioners CO~Itting as the governmg body of Fort Bend County exa upon motion of CommIsSIOner ~.9i>.lW ' seconded by CommIsSIOner U'\.A~". duly put and earned, ~

IT IS ORDERED that the Fort Bend County Judge execute the Agreement between Fort Bend County and CIty of NeedvIlle for federal fundmg of a CommunIty Development Block Grant (CDBG) Program, said Agreement being mcorporated herem by reference for all purposes as though fully set forth herem word for word

8 EXHIBIT A

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUIREMENTS

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Contractor shall comply with Title VI of the ClVlI RIghts Act of 1964 (P L. 88-352) and Title 24 Code of Federal RegulatIOns Part 1. In accordance with the Act, no person m the Umted States shall, on the ground of race, color, or natIOnal ongm, be excluded from participatIOn in, be demed the benefits of, or be otherwise subject to discrimination under any program or activity for winch 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 ISthereon provided or Improved WIth the aid of Federal financial assistance, this clause shall obligate the owner, or m the case of any transfer of such property, any transferee, to comply With the reqUirements and restrictIOns contained m 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 mvolving the provISIon of Similar services or benefits The Contractor WIll further comply With federal regulatIOns, 24 CFR Part 1, which Implement the act

II.

FAIR HOUSING REQUIREMENTS

The Contractor shall comply With the Fair Housmg Act (42 U.S.C. 3601-20) and Implementmg regulatIOns at 24 CFR Part 100, Part 109, and Part 110. No person m the Umted States shall, on the baSIS of race, color, religIOn, sex, natIOnal ongm, handicap or familial status, be excluded from partiCipatIOn m, be demed the benefits of, or be subjected to dlscnrmnatlOn under any program or activity funded m whole or m 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 m 24 CFR Part 107 Contractor will take all actIOn necessary and appropriate to prevenf dlscnmmatlOn because of race, color, religion (creed), sex, or natIOnal ongin, in the sale leasmg, rental, or other dispositIOn of reSidential property and related facilities (induding land to be developed for residential use), or m the use or occupancy thereof, if such property and related faCilities area, among other thmgs, provided in whole or m part with the aid ofioans, 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 Umted States shall on the ground of race, color, relIgIon, natIOnal ongIn or sex be excluded from partICipation In, be demed the benefits of, or be subjected to dlscnmlnatlon under any program or activity funded In whole or In part With CDBG funds.

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 dIscnminated against on the basIs ofrace, color, religIOn, sex, or national ongln m all phases of employment durmg 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 fau treatment In employment, upgradmg, demotIOn or transfer, recruItment or recruitment advertISIng, layoff or termInation, rates of pay, or other forms of compensatIOn and selectIOn for traming and apprentlceslup

VI.

RELOCATION, ACQUISITION & DISPLACEMENT

The Contractor agrees to comply with 24 CFR 570 606 relatmg to the acqUisItIOn and dISposition of all real property utilizing grant funds, and to the displacement of persons, bUSInesses, nonprofit organizatIOns and farms occurnng 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 concernmg displacement of mdividuals from their resIdences.

VII.

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

The Contractor shall comply With Section 3 of the Housmg and Urban Development Act of 1968, as amended (12 U S C. 1701u)

10 A The Contractor shall, to the greatest extent feasible, give opportunities for traming and employment to lower-mcome residents of the County and shall award contracts for work m connectIOn WIth the Project to busmess concerns which are located in or owned m substantial part by persons reSiding m the County

B. The Contractor shall mclude the phrase m paragraph A m all contracts for work m connectIOn With this project

VIII.

LEAD-BASED PAINT

The Contractor agrees that any constructIOn or rehablhtatlOn of reSidential structures With assistance proVided under this Agreement shall be subject to HUD Lead-Based Pamt RegulatIOns at 24 CFR 570 608, and 24 CFR Part 35, and m particular Sub-Part B thereof Such regulatIOns pertam to all HUD-asslsted housing and reqUIre that all owners, prospective owners, and tenants or properties constructed pnor to 1978 be properly notified that such properties may include lead-based paint Such notification shall pomt out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when deahng 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 dunng any penod of debarment, suspensIOn or placement m inehglbihty status under proVisions of 24 CFR Part 24

UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPALS

The Contractor and its agencies or instrumentahtles, and subreclplents shall comply with the policies, guidelmes, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-lIO (Implemented at 24 CFR Part 84), A-122, A-l33 (Implemented at 24 CFR Part 45), and A- 128'(implemented at 24 CFR Part 44) as apphcable, as they relate to the acceptance and use of Federal funds under thiS part The apphcable sections of 24 CFR Parts 84 and 85 are set forth at 570.502.

1I 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 10dIrect whIch arIses from the Agreement

B In accordance WIth 24 CFR Part 570611, no persons descnbed in paragraph C who exerCIse or have exercIsed any functIOns WIth respect to CDBG actIvitIes or who are 10 a posItion to partIcIpate 10a declSlon mak10g process or gain 10SIde1Oformation WIth regard to CDBG activities, may obtain a personal or financIal interest or benefit from, or have any interest 10 any contract, subcontract, or agreement or the proceeds thereunder, eIther for themselves or those with whom they have fanllly or business tIes, dunng 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 OffiCIalor appo1OtedoffiCIal of the County, Contractor, and of any deSIgnated publIc agency, or subrecIpIent under 24 CFR SectIOn 57020 whIch receIves funds under the CDBG grant agreement WIthHUD

XII.

ELIGIBILITY RESTRICTIONS FOR CERTAIN RESIDENT ALIENS

The Contractor agrees to abIde by the prOVIsions of 24 CFR 570613 with respect to the elIgIbIlIty restrictions for certam resIdent alIens Certam newly legalIzed alIens, as descnbed in 24 CFR Part 49, are not elIgIble to apply for benefits under covered actIVItIes funded by the programs listed 10thIS 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 ArchItectIual Barriers Act of 1968 (42 US C. 4151-4157) WhIChreqUIres certam Federal and Federally funded bUIld10gs and other facIlItIes to be desIgned, constructed, or altered 10 accordance WIth the standards that 10sure accessIbIlIty to, and use by, phySICally handIcapped people The Contractor also agrees to comply WIth any federal regulatIOns Issued pursuant to complIance WIth the Amencans WIth DIsabIlItIes Act (42 US C 12131 U.S C 155, 201, 218 and 225) WhIChproVIdes comprehensIve clVlI nghts to 10divIduals WIth dIsabIlitIes 10 the areas of employment, publIc accommodatIOns, State and local government servIces, and telecommunicatIOns. The Grantee shall prOVIdethe Contractor WIth any gUIdel10es necessary for complIance WIth that portIOn of the regulatIOn 10force dunng 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 minonty and women's busmess enterpnses m connectIOn with funded activities

XV.

DISCRIMINATION ON THE BASIS OF AGE OR HANDICAP

The Contractor shall not dlscnmmate on the baSIS of age under the Age DlscnmmatIOn Act of 1975 (42 U.S C 61-1-07) and Implementmg regulations at 24 CFR part 146. The Contractor shall not dlscnmmate agamst 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 maintam all records concerning the Project that WIll faCIlItate an effective audit to detenmne 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 Accountmg Office or any of their authonzed representatives access to and the nght to examme, copy or reproduce all records pertammg to the acquisitIOn and constructIOn of the Project and the operanon of the Project. The right to access shall contmue as long as the records are reqUired to be mamtained.

XVII.

DRUG FREE WORKPLACE ACT OF 1988

The Contractor shall comply WIth the Drug Free Workplace Act of 1988 and certify that It WIll mamtam a drug-free workplace m accordance WIth the reqUirements of 24 CFR part 24, subpart F.

13 EXHIBITB

CertificatIOn for Contracts, Grants, Loans and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and beltef that

(1) No Federal appropnated funds have been patd or Will be pmd, by or on behalf of the underSigned, to any person for mfluencing or attempting to mfluence 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 m connectIOn With the awarding of any Federal contract, the makmg of any Federal grant, the making of any Federal loan, the entenng mto of any cooperative agreement, and the extensIOn, continuatIOn, renewal, lIlllendment or modificatIOn of any Federal contract, grant, loan or cooperative agreement

(2) If any funds other than Federal appropnated funds have been paid or Will be pmd to any person for mfluencmg or attemptmg to mfluence an officer or employee of Congress, or an employee of a Member of Congress m connectIOn With thiS Federal contract, grant, loan, or cooperative agreement, the underSigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbymg," m accordance WithItS mstructions.

(3) The underSigned shall reqUIre that the language of tlus certificatIOn be mcluded m the award documents for all subawards at all tiers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subreclplents shall certify and disclose accordmgly

ThiS certificatIOn ISmatenal representatIOn of fact upon which reltance was placed when thiS transactIOn was made or entered mto Submission of thiS certificatIOn IS a prereqUIsite for making for entenng 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 fmlure

Executed thiS 6' date of_...b,I(fgI!d.'!Jd,;~~_" 20 0 i)

(slgnarure) R m IT 8L£.2 I Nt,E1( (typed or pnnted nllllle) m!lyo!f I (title, If any)

Covered ActIOn COMMUNITY DEVELOPMENT BLOCK GRANT (type and Identity of progrlllll, project or activity)

14 EXHIBIT C

GUIDELINES FOR ENTITY DESIGN, BIDDING AND ADMINISTRATION OF CONSTRUCTION PROJECTS

These gUldelmes are mtended to assist those public entities receiving Fort Bend County Community Development Block Grant Funds The gUidelines will facilitate the entity's understandmg and compliance WIth applicable federal and county regulatIOns, poliCies and processes where the entity ISresponsible the for deSign, bidding, and constructIOn admlffistratlOn phases of a proJect. If clanficatlOn ISneeded, call Curtis Wilson, Jr., Project Coordmator, Fort Bend County Community Development Department (CDD), (281) 341-4410

The entity must submit the proposed consultant's SF 254 and 255 qualificatIOn statements and profeSSIOnal liability insurance certificatIOn for approvaJ pnor to commiSSIOning the consultant.

2 Upon approval by CDD the entIty may retam consultant servICes

3. The schematic deSign must be wlthm the previously approved project scope.

4 PrelImmary plans and outline speCificatIOns shall be submitted to CDD to review for complIance With project scope, estImated cost and constructibllity Comments will be returned to the consultant for mcorporatlOn mto the final plans Final plans Will be submitted to the County and WIll be reViewed to ensure complIance WIth HUD/County techmcal reqUirements and to msert County-related documents. CorrectIOns and cormnents WIll be returned to the consultant for revisions. Final documents must be approved by CDD

5 Pnor to award of contract, CDD and the County Engineer's Office WIll review the bid documents, the bidder's qualificatIOn statements, minonty business plan and financlaJ statements to ensure that the contractor has a good contractIng record, adequate capitalizatIOn andlor equipment, etc , to successfully complete the project, meets mmonty partICIpation goaJs and that the bidder has not been debarred by HUD from workmg on federal contracts.

6 The Entity shall conduct a prebld meetmg (If necessary) and a preconstructlOn conference With the contractor(s), consultant, and CDD representatIves in attendance

7 Inspection WIll be the responSibIlity of the EntIty The County Engmeer will penodIcally inspect constructIOn.

8 The EntIty Will be responSible for prepanng monthly pay estimates PreparatIOn will consist of a site meetmg WIth the Entity andlor consultant and the contractor's

15 representatIve to accurately determme the percentage completion of VarIOUScomponents of the work and time used The monthly estImate ISbased 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 Engmeer and processed through CDD, County AudItor and the County Treasurer

9 All requests for changes m contract WIll be processed by the EntIty. All change requests must be wIthm the ongmal scope of work and be approved by CDD pnor to processmg. No person WIll have authonty to verbally alter, modIfy, expand or reduce the reqUIrements of the drawmgs or specIficatIons All modIfications affectmg 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 omISSIOnsby the consultant WIll be paid for by the EntIty Total aggregate Changes In Contract will not exceed twenty-five percent (25%) of the ongmal contract amount.

10 CDD WIll reVIew all payrolls and conduct workmg mterviews and WIll hold the general contractor responsIble for complIance WIth labor, EEO and mmority business reqUIrements

(11/94)

16 APPENDIXl

I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS

Fort Bend County's Community Development Department requires that engmeermg firms submIttmg qualIficatIOn statements do so in the manner prescnbed below Tills mformation should substantIate the capaCIty and ability of the firm and Its staff to perform this type of engmeenng work It is also Important to lIst projects completed of a simIlar nature that demonstrate thIS capabIlIty. Any proposal submItted without all of the mformatIOn requested below will be conSIdered as non-responsIve

A Subnut one (I) copy of informatIOn on the firm in the form of a corporate resume, mcluding SF 254 and SF 255 Forms

*B SubmIt one (I) copy of current project actiVIties of a SImIlar nature bemg undertaken by your firm (mcludmg dollar amount and contact persons).

*C SubmIt any other pertment mformatIOn on the firm's abIlIty to carry out the contractual responsIbIlIties, mcludmg such thmgs as eqUipment, use of sub-contracts, speCIal knowledge of the project area or actiVIty bemg conSIdered

*D ProVIde a list of persons, and theIr clasSIfication, who WIll be assIgned to thISjob and l!breakdown of proJected hours Qy claSSIfication. person. race. and sex (As underlmed data is not normaJly found in SF 254/255 forms, It should be provided separately)

*E ProVIde a resume of all employees who WIll be assigned to this project, mcludmg a IIstmg of projects havmg SImIlar work

F. PrOVIdea detaIled scope of work on how you propose to handle thIS ~ of constructIOn. and l!!! hourly estimate for each phase of the work The scope of work should contain categories for imtial SIte mvestigatIOn, submISSIOn of prelImmill)' plan (construction drawmgs) for reVIew, correctIOn of reVISIons whIch result from saId reVIew, technIcal speCIficatIOns, easement drawmgs/legal descnptIOns, and meetmgs as may be reqUired

G PrOVIde a lIst of subcontractors to be employed (If known) and whether these firms are mmonty or female owned

H SubmIt one (I) copy of the ProposaJ Summary (AppendIX 2)

I Submit one (1) copy of the CertIficatIOn for Contracts, Grants, Loans and Cooperative Agreements (AppendIX 3).

17 "NOTE' It ISnot necessary to re-list data already included on the SF 254 and SF 255 forms.

II. SELECTION CRITERIA

The award of the contract for engmeenng services required by this Request for Proposal shall be determmed by analysIs of, but not necessanly limited to, the followmg factors.

A Documented eVidence of qualificatIOns, resources and expenence of the proposmg firm to perform the required services,

B Commitment by the proposmg firm to complete the constructIOn plans, documents, design surveys and easement descnptions Within the reqUired time

C Other factors as deemed appropnate, mcludmg a review of the Items submitted under SectIOn I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS.

III MBE/WBE PARTICIPATION

Where possible, englneenng firms are encouraged to utlhze the skills and services of mlnonty busmesses in the fulfillment of the contractual responsibilities pertaining to thiS project

IV ENGINEERING SERVICES

The CIty shall enter Into a contract for engineenng services as hsted below.

The Engmeer will be responsible for ascertaining the scope of Improvements outlined in tills report (scope of work) and developing a Layout and Cost Estimate The Engmeer should recommend alternative layouts If field investigatIOns Identify additIOnal problems not covered m the onglnal scope of work

2 Upon direction of the City, the Engineer Will prepare constructIOn plans and documents as reqUired so as to mstall the scope of work Identified In tills report.

3 The Engineer Will Identify and prepare easementlnght-of-way descriptIOns If necessary

18 APPENDIX 2

PROPOSAL SUMMARY (SubmIt WIth Proposal)

I Engmeer (Fmn Name)

*2. P E. Hours

*3 Minonty/Female Hours

*4 Total Hours

*These are total estimated hours for the entire project The data requested here is m addItIOn to the breakdowns called for m SectIon I (D & F), PROCEDURES FOR SUBMITTING PROPOSALS

19 APPENDIX 3

CertlficatIOn for Contracts, Grants, Loans and Cooperative Agreements

The undefSlgned certifies, to the best of hiS or her knowledge and behef that.

(1) No Federal appropnated funds have been pald or Will be pald, by or on behalf of the undersigned, to any person for mfluencmg or attemptmg to mfluence 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 m connectIOn with the awardmg of any Federal contract, the makmg of any Federal grant, the makmg of any Federal loan, the entenng mto of any cooperatJve agreement, and the extensIOn, contmuatlon, renewal, amendment or modificatIOn of any Federal contract, grant, loan or cooperative agreement.

(2) If any funds other than Federal appropnated funds have been paid or wlil be pald to any person for influencing or attemptmg to mfluence an officer or employee of Congress, or an employee of a Member of Congress m connection wlth thls Federal contract, grant, loan, or cooperative agreement, the underSigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbymg," m accordance Wlth ltS instructions

(3) The undersigned shall reqUlre that the language ofthls certlficatIOn be mcluded m the award documents for all subawards at all tiers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperatJve agreements) and that all subreclplents shall certJry and dlsclose accordingly

This certification ISmatenal representatIOn of fact upon which rehance was placed when thlS transaction was made or entered mto SubmissIOn of this certlficatlOn lS a prerequlslte for makmg for entenng mto thlS transaction Imposed by sectIOn 1352, tJtle 31, D.S Code. Any person who falis to file the reqUlred certificatIOn shall be subject to a CIVIlpenalty of not less than $10,000 and not more than $100,000 for each such fallure

Executed tlus date of "20__

By _ (signature)

(typed or pnnted name)

(tJtle, If any)

Covered Action COMMUNITY DEVELOPMENT BLOCK GRANT (type and Identity of program, project or activity) cdbg2000/ContractslNeedvllle 2000 Contract

20 AGREEMENT BETWEEN FORT BEND COUNTY AND CHILD ADVOCATES OF FORT BEND COUNTY

THIS Agreement made and entered mto by and between Fort Bend County, a body corporate and polit1c under the laws of the State of Texas (heremafter referred to as the Grantee) and Cluld Advocates of Fort Bend County, a pubhc body corporate under the laws of the State of Texas (heremafter referred to as the SubreClp1ent).

WHEREAS, the Grantee has determined that programs to serve abused children are needed m Fort Bend County and has stated tlus need m the Consohdated Plan for September 1, 2000 through August 31, 2003; and,

WHEREAS, the Grantee has entered mto a Grant Agreement W1ththe Umted States of Amenca, No B-00-UC-48-0004, actmg by and through 1ts Department of Housmg and Urban Development (heremafter referred to as HUD) for federal funding of a Commun1ty Development Block Grant Program (hereinafter referred to as CDBG) under the Housmg and Commun1ty Development Act of 1974, amended, and

WHEREAS, mcluded m the approved grant apphcatlOn was a program to offer advocacy ass1stance for abused children, and,

WHEREAS, the Grantee desires to promote activ1ties that mcrease the partnerslups among the Grantee, local governments, local lenders, pnvate mdustry and nonprofit orgaruzations, and

WHEREAS, the Grantee w1shes to engage the Subrec1p1ent to assist the Grantee m utihzmg such funds

NOW, THEREFORE, 1t1Sagreed between the part1es hereto that,

I SCOPE OF SERVICE

A. Act1v1ties

The Subrec1p1ent Will be respons1ble for admmistering a CDBG Program Year 2000 funded personnel pos1tlOnm a manner satisfactory to the Grantee and cons1stent with any standards requlfed as a cond1tion of prov1dmg these funds Such personnel pos1tlOn Will include the salary of a Cluld and Famlly Specialist The Subrec1p1ent Will serve abused ch11dren and non-offendmg fam11ymembers Program Delivery

Subreciplent shaH utilize Its grant to provide the salary, not includmg fnnge benefits, for a Cluld and Faml1y Specialist The Child and Family Specialist position WIll assist the specialized mtemewer m schedulmg mtervlews and coordmatmg mterventlOns, follow up with families to assess how children are doing and what needs are emergmg; overseemg the tracking program, and coordmatmg the transltlOnal support groups for parents

ActiVity #1 Schedule Interviews and Coordmate InterventlOn

Activity #2 ProVide Case Management and Follow Up With Children

ActiVity #3 Oversee Case Trackmg Program

ActiVity #4 Coordmate Cnsls InterventlOniInformationiOn-gomg Parent Support

General Admmlstration

The Subreclplent, or ItS Representatives, shall be responsible for the admllllstratlOn of the child advocacy program by lunng a qualified Cluld and Family Specialist

B NatlOnal 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 NatlOnal Objectives - I) benefit low/moderate mcome persons, 2) aid in the preventlOn or elImmatlOn of slums or blight, 3) meet community development needs havmg a particular urgency as defined m 24 CFR Part 570 208

C Levels of Accomphslunent

ActiVity

I. Schedule Interviews and Coordmate Intervention Mmlmum No of Client Interviews 330

2 Follow Up With Chl1dren Mmlmum No of Clients 150 Children

3 Oversee Case Trackmg Program Minimum No of Clients 330

4 Coordinate Cnsls InterventlOn/InformatlOni Mmlmum No ofChents On-gomg Support for Parents 150 Parents

2 D Performance Momtonng

The Grantee will monitor the performance of the Subreclpient agamst goals and performance standards reqUired herem. Substandard performance as determmed by the Grantee will constitute non-compliance With thiS Agreement If actIOn to correct such substandard performance IS not taken by the Subreclplent Within a reasonable penod of time after bemg notified by the Grantee, Agreement suspensIOn or termmation procedures will be ImtJated

II. TIME OF PERFORMANCE

Services of the Subreclplent shall begm February 1,2000 and end on January 1,2001.

III BUDGET AND ALLOCATION OF COSTS

Lme Item Amount

Personnel (Salary and Fnnge Benefits) $25,00000

TOTAL $25,000.00

IV PAYMENT

It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Twenty-five Thousand and Noll 00 dollars ($25,00000) Drawdowns for the payment of eligIble expenses shall be made on a monthly basis agamst the budget speCIfied herem and m accordance With performance Subreclplent shall submit a reimbursement request on or before the fifteenth day of the month for the costs incurred dunng the precedmg month Such mVOlcesshall mclude any other docU1llentatlOn requested by the County The Fort Bend County Community Development Department prior to payment shall approve all mVOlCes

Payments may be contmgent upon certificatIOn of the Subreclplent's financial management system m accordance With the standards speCified m OMB Circular A-llO, Attachment F

3 V NOTICES

Commumcation and details concerning this Agreement shall be directed to the followmg Agreement representatIves

Grantee Subreciplent

MarIlynn Kindell, DIrector Linda Shultz, Executive DIrector Fort Bend County CommunIty Child Advocates of Fort Bend County Development Department 301 Jackson, SUite 740 POBox 1032 Richmond, Texas 77469 Richmond, Texas 77469

VI SPECIAL CONDITIONS

The Subreciplent agrees to comply WIth the reqUirements of Title 24 Code of Federal RegulatIOns, Part 570 of the HOUSingand Urban Development regulatIOns concermng CommunIty Development Block Grants (CDBG) and all federal regulatIOns and poliCIes Issued pursuant to these regulatIOns The Subreciplent further agrees to utilize funds available under thIS Agreement to supplement rather than supplant funds otherwIse avaIlable

VII GENERAL CONDITIONS

A General Compliance

The Subreciplent agrees to comply WIth all applicable Federal, state and local laws and regulatIOns governing the funds prOVIdedunder thIS Agreement.

B Independent Contractor

Nothing contained m thIS Agreement ISIntended to, or shall be construed In any manner, as creating or establishing the relatIOnship of employer/employee between the partIes The Subreciplent 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 Subreciplent is an Independent Subreciplent

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 anse out of the SUbrecipient's performance or nonperformance of the servIces or subject matter called for In this Agreement.

4 D Workers' CompensatIOn

The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved m the performance of thIS Agreement

E Insurance & Bondmg

The SubrecIpIent shall carry suffiCIent msurance coverage to protect contractor's assets from loss due to theft, fraud and/or undue phYSICaldamage, and as a mmimum, shall purchase a blanket fidelIty bond covenng all employees m an amount equal to cash advances from the Grantee

The SubrecIpIent shall comply WIth the bondmg and msurance reqUIrements of Attachment B of OMB CIrcular A-I! 0, Bondmg and Insurance

F Grantor RecogmtIOn

The SubrecIpIent shall msure recogmtIOn of the role of the grantor agency m provIdmg servIces through this Agreement All actIvitIes, facIlItIes and Items utIlIzed pursuant to thIS Agreement shall be prominently labeled as to fundmg source In addItIon, the SubrecIpient will mclude a reference to the support provIded herem m 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 Departroent may, by pnor wntten agreement, mutually agree to re-allocate the funds among the VarIOUSlme Items of the budget or to new line items created m the budget

Grantee or Subreciplent may amend thiS Agreement at any tIme provided that such amendments make speCific reference to thiS Agreement, and are executed m wntmg, SIgned by a duly authonzed representatIve of both organizatIOns, and approved by the Grantee's govermng body Such amendments shall not invalIdate this Agreement, nor relIeve or release Grantee or Subreclplent from ItSobligatIOns under thiS Agreement.

Grantee may, m ItS discretIOn, amend thiS Agreement to conform WIth federal, state or local governmental gUIdelInes, polICies and aVailable fundmg amounts, or for other reasons If such amendments result m a change m the funding, the scope of servICes, or schedule of, the actlvltIes to be undertaken as part of thiS Agreement, such modIficatIOns will be mcorporated only by written amendment Signed by both Grantee and SUbrecipient

5 H SuspensIOn or TerrmnatlOn

Either party may terrmnate this Agreement at any time by glvmg wntten notice to the other party of such termmatlOn and speclfymg the effective date thereof at least thirty (30) days before the effective date of such terminatIOn Partial termmatlOns of the Scope of Service m Paragraph I A above may only be undertaken with the pnor approval of Grantee In the event of any termmatlOn for convemence, all fimshed or unfimshed documents, data, studies, surveys, maps, models, photographs, reports or other matenals prepared by Subreclplent under this Agreement shall, at the optIOn of the Grantee, become the property of the county, and Subreclplent shall be entitled to receive Just and eqUitable compensatIOn for any satisfactory work completed on such documents or matenals pnor to the termmatlOn

Grantee may also suspend or termmate this Agreement, in whole or in part, If SubreclpJent matenally 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 Subreclplent meliglble for any further participation m Grantee Agreements, m additIOn to other remedies as provided by law In the event there is probable cause to believe the Subreclplent 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 Subreclplent is found to be in compliance by the Grantee, or IS otherwise adjudicated to be in compliance

VIII ADMINISTRATIVE REQUIREMENTS

A Fmancml Management

I Accountmg Standards

The Subreclplent agrees to comply With Attachment F of OMB Circular A-IIO and agrees to adhere to the accountmg pnnclples and procedures required therem, utilize adequate mtemal controls, and mamtam necessary source documentatIOn for all costs mcurred.

2 Cost Pnncmles

The Subreclplent shall admlmster ItS program m conformance With OMB Clfculars A-122, "Cost Pnnclples for Non-Profit OrgarnzatlOns," or A-21, "Cost Prmclples for EducatIOnal InstitutIOns," as applicable, for all costs mcurred whether charged on a direct or mdlrect basiS

6 B DocumentatIon and Record-Keepmg

I Records to be Maintamed

The Subreclplent shall mamtam all records reqUired by the federal regulatIOns specified m 24 CFR Part 570 506, and that are pertment to the actIVities to be funded under thiS Agreement Such records shall include, but not be limited to'

a Records provldmg a full descnptlOn of each actIvity undertaken, b Records demonstrating that each actIVity undertaken meets one of the NatIOnal ObjectIves of the CDBG program; c Records required to detenmne the eliglbllity of actIVItIes, d Records reqUired to document the acqUlsltlOn, Improvement, use or dispOSitIOn of real property acqUired or Improved with CDBG assistance, e Records demonstratmg compliance with citizen participatIOn reqUirements, f Records demonstratmg compliance regarding acquISItion, displacement, relocatIon, and replacement housmg, g Records documentmg compliance With the fau housmg and equal OPPOrtUilltycomponents of the CDBG program, h Fmanclal records as reqUired by 24 CFR Part 570 502, Agreements and other records related to lump sum disbursements to pnvate financial mstitutlOns financing rehabilitatIOn as prescribed m 570.513; and J Records reqUired to be mamtamed m With other applicable laws and regulatIOns set forth m subpart K of24 CFR 570

2. RetentlOn

The Subreclplent shall retam all records pertment to expenditures mcurred under thiS Agreement for a period of five (5) years after the tenmnatlOn of all activIties funded under thiS Agreement, or after the resolutIOn of all Federal audit findmgs, whichever occurs later Records for non-expendable property acqUired With funds under thiS Agreement shall be retamed for five (5) years after Subreclplent has receIVed final payment

3 Reports

The Subreciplent 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 Sununary Reports submitted monthly to Grantee

7 C Employee Oata Reports submItted monthly to Grantee o Performance Report submItted at the end of Agreement penod

Monthly reports shall be submItted wIthm fifteen (15) workmg days of the end of the reportmg penods The performance report IS due wIthm thIrty (30) working days after the end of the Agreement penod

4 ReverSIOn of Assets

The SubrecIpIent shall transfer any COBG funds on hand at the tIme of expiratIOn and any accounts receIvable attnbutable to the use of COBG funds Any real property that was acqUIred or Improved m whole or in part wIth CDBG funds In excess of $25,000 must contInue to meet the eligIbilIty cntena and shall conform WIth the "changes In use" restnctIOns speCIfied m 24 CFR 570 503(b )(8)

5 Property Records

The SubrecIpIent shall maIntain real property Inventory records, whIch clearly Identify propertIes purchased, improved or sold PropertIes retaIned shall contmue to meet eligIbIlIty cnteria and shall conform to the "changes in use" restnctIOns speCIfied In 24 CFR 570 503(b )(8).

6 NatIOnal ObjectIves

The SubrecIplent agrees to maIntaIn documentatIOn that demonstrates that the actIVItIes carned out WIth funds provIded under thIS Agreement meet one or more of the COBG program's natIOnal objectIves - I) benefit low/moderate income persons, 2) aId In the preventIOn or elImInatIOn of slums or blIght, 3) meet commumty development needs haVIng a partICular urgency - as defined In 24 CFR Part 570 208

7 Close-outs

SubreclpIent 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, makmg final payments, dispOSIng of program assets (IncludIng the return of all unused matenals, eqUIpment, unspent cash advances, program income balances, and receIvable accounts to the Grantee), and determInmg the custodianshIp of records

8 AudIts & Inspections

All SubrecIplent records WIth respect to any matters covered by thIS Agreement shall be made aVaIlable to the Grantee, grantor agency, then deSIgnees or the

8 Federal Government, at any time dunng normal business hours, as often as the Grantee or grantor agency deems necessary, to audIt, examme, and make excerpts or transcnpts of all relevant data Any defiCIencIes noted in audIt reports must be fully cleared by the Subreciplent withm thIrty (30) days after receIpt by the Subreciplent FaIlure of the Subreciplent to comply WIth the above audIt reqUIrements WIll COnstItute a VIOlatIOnof thIs Agreement and may result m the withholdmg of future payments The Subreciplent hereby agrees to have an annual agency audit conducted m accordance With current county polIcy concernmg Subreclplent audIts

C Reportmg & Payment Procedures

Budgets

The Subreciplent has submItted a budget to the Grantee The Grantee and the Subrecipient may agree to revise the budget from time to time m accordance With eXisting County polIcies

2 Program Income

The Subreclplent shall report monthly all program income as defined at 24 CFR 570 500(a) generated by actlVltles carried out With CDBG funds made aVaIlable under this Agreement The use of program mcome by the Subreclplent shall comply With the reqUIrements set forth at 24 CFR 570 504(c) By way of further IUllltatiOnS, the Subreciplent may use such mcome during the Agreement penod for activities permitted under thiS Agreement and shall reduce requests for addItIOnal funds by the amount of any such program mcome balances on hand All unused program mcome shall be returned to the Grantee at the end of the Agreement period as specified m 24 CFR 570 503(b )(8) Any mterest earned on cash advances from the U S Treasury IS not program mcome and shall be remitted promptly to the Grantee

3 Induect Costs

If mduect costs are charged, the Subreclplent Will develop an mdirect cost allocatIOn plan for determmmg the appropnate Grantee share of admmistratlve costs and shall submit such plan to the Grantee for approval

4 Payment Procedures

The Grantee will pay to the Subreciplent funds available under this Agreement based upon mformatlon submitted by the Subreciplent and consistent with any approved budget and county pohcy concernmg payments WIth the exceptIOn of certam advances, payments Will be made for elIgible expenses actually mcurred by the Subreclplent, and not to exceed actual cash requirements Payments Will

9 be adjusted by the Grantee m accordance with advance fund and program mcome balances available m Subreclplent accounts. In additIOn, the Grantee reserves the nght to liqUidate funds aVailable under thiS Agreement for costs mcurred by the Grantee on behalf of the Subreclplent

D Procurement

I Compliance

The Subreciplent shall comply with current county policy concemmg the purchase of eqUipment and shall mamtaln mventory records of all non-expendable personal property as defined by such polIcy as may be procured With funds provided herem Any real property under Subreclplent's control that was acqUired or Improved m whole or m part With CDBG funds must either be

a. Used by the Subreclplent to meet one of the natIOnal objectives m 24 CFR 570 200(a)(2) and (3) until five (5) years after explfatlOn or termmatlOn of the Grantee's Agreement With HUD; or b Transferred to the Grantee, or c. Disposed of m a manner, which results m the amount of the then current fair market value of the property less any portIOn thereof attributable to expenditures of non-CDBG funds for acqulSltlOn thereof, or Improvements to, the property bemg reimbursed to the Grantee Such reimbursement IS not reqUired If disposed of more than five (5) years after the expIratIOn or termmatlOn of this Agreement d Further, If wlthm five (5) years of the termmatlOn or expiratIOn of this Agreement, the Subreclplent ceases to use any or all personal property attnbutable to CDBG funds to meet a natIOnal objective, the personal property shall either revert to the Grantee or be disposed of m accordance With the applicable federal rules and regulations, includmg, but not limited to OMB Circular A-II 0, Attachment N e The Grantee, in its sole discretIOn, shall determme whether or not the Subreclplent use of any property meets a national objective contamed m 24 CFR 570 200 (a)(2) and (3) f After the expiratIOn of five (5) years, the Subreclplent shall have no obligatIOn to comply With thiS sectIOn regardmg real or personal property g Nothmg contamed herem shall be construed to conflict With the duties of the Subreclplent as set forth m the Texas Non-Profit CorporatIOn Act (Tex Ann C1V St Art 1396-101, et seq) or any other applIcable statute

10 2. OMB Standards

The Subreclplent shall procure matenals m accordance With the reqUirements of Attachment 0 of OMB Circular A-I 10, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property

3 Travel

The Subreclplent shall obtam wntten approval from the Grantee for any travel outside the metropolitan area With funds provided under this Agreement

4 RelocatIOn, AcqUISitIOn& Displacement

The Subreclplent agrees to comply With 24 CFR 570 606 relatmg to the acquiSitIOn and disposition of all real property utllizmg grant funds, and to the displacement of persons, busmesses, nonprofit organizations and farms occurrmg as a direct result of any acqUisition of real property Utllizmg grant funds The Subreclplent agrees to comply With applicable Grantee Ordmances, ResolutIOns, and Policies concerrung displacement of individuals from their reSidences

IX. PERSONNEL & PARTICIPANT CONDITIONS

A ClVlI Rights

I Compliance

The Subreclplent agrees to comply With Title VI of the CiVIl Rights Act of 1964 as amended, Title VIII of the ClVlIRights Act of 1968 as amended, SectIOn 109 of TItle I of the Housmg and Commumty Development Act of 1974, SectIOn 504 of the RehabllitatlOn Act of 1973, the Amencans With Disabilities Act of 1990, the Age Dlscnmmalion Act of 1975, Execulive Order 11063 as amended by Execulive Order 12259

2 NondlscnmmatlOn

The Subreclplent will not dlscnmmate agamst any employee or applicant for employment because ofrace, color, creed, religlOn, ancestry, natlOnal ongm, sex, disability or other handicap, age, mantal status, or status With regard to public assistance The Subreclpient will take af'firrnalive actlOn to msure that all employment practices are free from such dlscnmmatlOn Such employment practices mclude, but are not limited to, the folloWing' hmng, upgradmg, demotlOn, transfer, recruitment or recruitment advertISIng, layoff, terrnmatlOn, rates of payor other forms of compensatIOn, and selectIOn for trammg, mcludmg apprenticeship The Subrecipient agrees to post m conspicuous places, available

11 to employees and apphcants for employment, notices to be provIded by the contractmg agency settmg forth the provIsions of this nondiscrimination clause

3 Land Covenants

This Agreement IS subject to the requlfements of Title VI of the Civil Rights Act of 1964 (P 1. 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 Subreclplent shall cause or require a covenant runnmg With the land to be mserted m the deed or lease for such transfer, prohlbltmg discrimmatlOn as herein defined, m the sale, lease or rental, or m the use or occupancy of such land, or m any Improvements erected or to be erected thereon, provldmg that the Grantee and the Umted States are beneficIaries of and entitled to enforce such covenants The Subreclplent, m undertakmg 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 dlscnmmate

4 SectIOn 504

The Subreclplent 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 dlscnmmatlOn agamst the handicapped in any federally asSisted program The Grantee shall proVide the Subreciplent With any gUidelines necessary for comphance With that portIOn of the regulations m force dunng the term of thiS Agreement

B AffirmatIVe ActIOn

1 Approved Plan

The Subreclplent agrees that It shall be committed to carry out pursuant to the Grantee's specificatIOns, an Affirmative ActIOn Program m keepmg With the pnnclples as prOVided m PreSident's ExecutIve Order 11246 of September 24, 1965 The Grantee shall proVide Affirmative ActIOn gUidelmes to the Subreclplent to assist m the formulatIOn of such program. The Subreclplent shali submit a plan for an Affirmative ActIOn program for approval pnor to the award of funds

2. WIMBE

The Subreciplent wlli use ItS best efforts to afford mmonty and women-owned busmess enterpnses the maximum practicable OPPOrtunity to partiCipate in the performance of thiS Agreement As used m thiS Agreement, the term "minonty and female busmess enterpnse" means a busmess at least fifty-one percent (51%) owned and controlied by mmonty group members or women For the purpose of

12 this defimtlOn, "mmonty group members" are Afro-Arnencans, Sparush-speakmg, Spanish surnamed or Sparush-hentage Arnencans, Asian-Arnencans, and Arnencan Indians The Subreclplent may rely on wntten representatIOns by Subreclplents regardmg their status as mmonty and female busmess enterpnses m heu of an mdependent mvestigatlOn

3 Access to Records

The Subreclplent shall furmsh and cause each of ItS sub-Subreclplents to furnish all mformatlOn and reports reqUired hereunder and Will permit access to ItS books, records and accounts by the Grantee, HUD or its agent, or other authonzed federal offiCials for purposes of investigation to ascertam comphance with the rules, regulatIOns and provISIons stated herem

4 Notifications

The Subreclplent WIll send to each labor umon or representative of workers WIth which It has a collective bargalmng agreement or other Agreement or understandmg, a notice, to be provided by the agency Contracting officer, advlsmg the labor umon or worker's representative of the SubreclpJent's commltinents hereunder, and shall post copies of the notice m conspicuous places aVailable to employees and applicants for employment

5 EEO/AA Statement

The Subrecipient Will, in all sohcltatlOns or advertisements for employees placed by or on behalf of the Subreclplent, state that it IS an Equal OPPOrtunity or Affirmative Action employer

6 SubAgreement ProvIsIOns

The Subreclplent Will mclude the proVISIOnsof Paragraphs VIII A, CIVil Rights, and B, Affirmative Action, m every SubAgreement or purchase order, speCifically or by reference, so that such provISIons WIllbe bmdmg upon each subSubreclplent or vendor.

C Employment RestnctlOns

I Prohibited ActiVity

The Subreclplent IS prohibited from usmg funds prOVided herem or personnel employed m the admlll1stratlOn of the program for pohtlcal actiVIties, sectarian, or rehglOus activIties; lobbymg, pohtlCal 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 workmg 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 U 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 SubreclpIent 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 govemmg 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 mtended to relieve the Subrecipient of its oblIgatIOn, If any, to reqUIre payment of the hIgher wage The SubrecIpIent shall cause or reqUIre to be mserted m full, m all such Agreements subject to such regulations, provISIOns meetmg the reqUIrements of this paragraph, for such Agreements subject to such regulatIons, provISIOns meetmg the reqUIrements of thIS paragraph, for such Agreements m excess of $10,000 00

The SubrecIpIent shall also comply wIth 24 CFR Part 70, whIch sets out the CIrcumstances under WhIChmdIvIduals who volunteer theIr servIces, may be used

14 5. "SectIOn 3" Clause a Comphance

Comphance With the prOVISIOnsof SectIOn 3, the regulations set forth m 24 CFR 135, and all apphcable rules and orders Issued hereunder pnor to the execution of this Agreement, shall be a conditIOn of the federal financial assistance proVided under tlus Agreement and bmding upon the Grantee, the Subreclplent and any subSubreciplents. Failure to fulfill these reqUirements shall subject the Grantee, the Subreciplent and any subSubreclplents, their successors and assigns, to those sanctIOns speCified by the agreement through which federal assistance IS prOVided. The Subreclplent certifies and agrees that no contractual or other dlsablhty eXists which would prevent comphance with these requirements

The Subreclplent 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 tlus Agreement IS a project asSisted under a program proViding direct federal finanCial assistance from HUD and ISsubject to the reqUirements of Section 3 of the HOUSing and Urban Development Act of 1968, as amended, 12 U S C 170 I SectIOn 3 requires that to the greatest extent feaSible opportumtles for trammg and employment be given to lower mcome 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 resldmg m the areas of the proJect"

The Subreclplent certifies and agrees that no contractual or other disability eXists which would prevent complIance With the reqUirements

b NotificatIOns

The Subreclplent agrees to send to each labor organizatIOn or representative of workers With which It has a collective bargaImng agreement or other Agreement or understandIng, If any, a notice advlsmg 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 ortraInmg

15 c SubAgreements

The Subreclplent will mclude this SectIOn 3 clause in every SubAgreement and will take appropnate action pursuant to the SubAgreement upon a findmg that the subSubreclplent IS in violation of regulatIOns Issued by the Grantor Agency The Subrecipient will not SubAgreement with any subSubreclpient where It has notice or knowledge that the latter has been found m vIOlation of regulatIOns under 24 CFR 135 and will not let any SubAgreement unless the subSubreclplent has first provided It With a prelimmary statement of ability to comply With the reqUirements of these regulatIOns

D Conduct

1 ASSignability

The Subreclplent shall not assign or transfer any mterest m thiS Agreement without the pnor wntten 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 Subreclplent agrees that no funds provided, nor personnel employed under thiS Agreement, shall be m any way or to any extent engaged m the conduct of political activities m VIOlationof Chapter 15 of Title V Umted States Code

3 ConflIct of Interest

The Subreclplent agrees to abide by the provIsions of 24 CFR 570 611 With respect to conflicts of mterest, 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 m a pOSitIOnto participate m a declSlon-makmg process or gam mSlde mformatlOn With regard to such actiVIties, may obtam a finanCial mterest or benefit from a CDBG-asslsted activity, either for themselves or those With whom they have busmess or Immediate family ties, durmg their tenure or for one year thereafter The Subreclplent further covenants that, m the performance of thiS Agreement, no person havmg such a finanCial mterest shall be employed or retained by the Subreclplent hereunder These COnflICtof mterest provlSlons apply to any person who IS an employee, agent, consultant, officer, or elected official or appomted offiCial of the Grantee, or of any deSignated public agencies or subreciplents, which are recelvmg funds under the CDBG Entitlement program

16 4. Ehgibihty Restncbons for Certam ResIdent Ahens

The Subreclplent agrees to abide by the prOVISIOnsof 24 CFR 570 613 WIth respect to the ehglblhty restnctlons for certain resident ahens Certam newly legahzed ahens, as descnbed m 24 CFR Part 49, are not elIgible to apply for benefits under covered activItIes funded by the programs listed m this part of the regulation The Grantee shall provIde the Subreclplent WIth any guide1mes necessary for complIance With that portIOn of the regulatIOn

5 Architectural Barners Act and the Amencans WIth DisabilitIes Act

The Subreclplent agrees to comply With any federal regulatIOns Issued pursuant to complIance With the Architectural Barners Act of 1968 (42 U S C 4151-4157) which reqUires certain Federal and Federally funded bUildings and other faclllbes to be deSigned. constructed, or altered m accordance with the standards that msure accessibilIty to, and use by, phySically handicapped people The Subreclplent also agrees to comply With any federal regulatIOns Issued pursuant to comphance With the Arnencans with DisabilitIes Act (42 U S C 12131 US C 155,201,218 and 225) which provides comprehensive Civil rights to mdlvlduals With disabilIties in the areas of employment, pubhc accommodatIOns, State and local government servIces, and telecommumcabons The Grantee shall prOVide the Subreclplent WIth any gUidelmes necessary for complIance With that portIOn of the regulatIOn m force dunng the term of thiS Agreement

6 SubAgreements

a Approvals

The Subreclplent shall not enter into any SubAgreements With any agency or mdlvldual m the performance of thiS Agreement without the wnrten consent of the Grantee pnor to the executIOn of such agreement

b Momtoring

The Subreclplent Will momtor all subcontracted services on a regular baSIS to assure Agreement complIance Results of monitoring efforts shall be summarized m wnrten reports and supported With documented eVIdence of follow-up acbons taken to correct areas of noncomphance

c Content

The Subreclplent shall cause all of the provisions of thiS Agreement m ItS entuety to be mcluded m and made a part of any SubAgreement executed m the performance of thiS Agreement

17 d SelectiOn Process

The Subreclplent shall undertake to Insure that all SubAgreements let in the performance of thiS Agreement shall be awarded on a fau and open competitiOn basis. Executed copies of all SubAgreements shall be forwarded to the Grantee along With documentatiOn concermng the selectIOn process

7. Copynght

Iftlus Agreement results m any copyrightable matenal, the Grantee and/or grantor agency reserves the nght to royalty-free, non-exclUSive and lITevocable license to reproduce, publish or othefWlse use and to authonze others to use, the work for government purposes.

8 ReligIOUSOrganizatIOn

The Subreclplent agrees that funds provided under tlus Agreement Will not be utilized for religious actiVIties, to promote relIgiOUSmterests, or for the benefit of a religIOUSorganization In accordance With the federal regulatiOns specified in 24 CFR 570 2000)

X ENVIRONMENTAL CONDITIONS

A Air and Water

The Subreclplent agrees to comply With the followmg regulatIOns insofar as they apply to the performance of this Agreement·

Clean Au Act, 42 U S C , 1857, et seq Federal Water PollutIOn Control Act, as amended, 33 US C 1251, et seq, as amended 1318 relatmg to mspection, momtonng, entry, reports, and information, as well as other reqUirements speCIfied In said SectIOn 114 and SectIOn 308, and all regulations and gUidelines issued thereunder EnVironmental ProtectiOn Agency (EPA) regulatiOns pursuant to 40 CFR, Part 50, as amended NatiOnal EnVironmental Pohcy Act of 1969 HUD Environmental Review Procedures (24 CFR, Part 58).

B Flood DIsaster ProtectiOn

The Subreclplent 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 Pamt

The Subreclplent agrees that any constructIOn or rehabilitation of residential structures with assistance provIded under thiS Agreement shall be subject to HUD Lead-Based Pamt RegulatIOns at 24 CFR 570608, and 24 CFR Part 35, and m particular Sub-Part B thereof. Such regulations pertam to all HUD-assisted housmg and reqUire that all owners, prospective owners, and tenants or properties constructed pnor to 1978 be properly notified that such properties may mclude lead-based pamt Such notification shall pomt out the hazards of lead-based paint and explain the symptoms, treatment and precautIOns that should be taken when dealmg With lead-based pamt pOisomng

D Historic Preservation

The SUbreciplent agrees to comply with the Histone PreservatIOn reqUirements set forth in the National Histone PreservatIOn Act of 1966, as amended (16 U S C 470) and the procedures set forth m 36 CFR, Part 800, AdvIsory Council on Histone PreservatIOn Procedures for ProtectIOn of Histone Properties, msofar as they apply to the performance of tins Agreement

In general, this reqUIres concurrence from the Texas Hlstoncal CommissIOn for all rehabilitation and demolitIOn ofhlstonc 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 mvahd, the remamder of the Agreement shall not be affected thereby and all other parts of thiS Agreement shall nevertheless be m full force and effect.

19 IN WITNESS WHEREOF, thIs Instrument In duplicate OrIginals, has been executed by the parties hereto as follows' a. It has on the ~ day of Uc ~~ , 2000, been executed by the County Judge of Fort Bend County, on behalf of the County pursuant to an Order of the ComrmsslOners Court of the County so authorIzing

b It has on the ",-t4-day of P~a'.....kIe ' 2000, been executed by the Chairman and attested to by the Secretary on behalf of the organizatIOn pursuant to a resolutIOn of the govermng body so authorizing

ATTEST

'l?L {)ISII/EL.t:;-3 C8~a, Judge - . ,,:":.' ----I~~- PRasi 17/11/9 ~?:"'~ ~ : ~: Dianne Wilson County Clerk CHILD ADVOCATES ". OF FORT BEND COUNTY

'ATTEsT: B~L< CHAIRMAN 2~

A~EDASTOF~

G~'u'D~LDERS W 0 b'1' County Attorney

AUDITOR'S CERTIFICATE

I hereby certifY that funds are aVailable 111 the amount of $25,000.00 to pay the obh".o. of Fort Bond Conn', ""'" ond w,""n "'" wl~

ROBERT• E. STURDIVANT County Auditor

20 ORDER AUTHORIZING AGREEMENT BETWEEN

FORT BEND COUNTY AND CHILD ADVOCATES OF FORT BEND COUNTY

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

On tlus the \&~day of UC2.r'\~ ,2000, at a regular meetmg of Commissioners Court sittm as the governing body of Fort Bend County, Texas, upon motion of co~ \ seconded by CommissIOner

IT IS ORDERED that Fort Bend County enter into an interlocal agreement With Child Advocates of Fort Bend County, for the funding to provide advocacy assistance for abused children using Community Development Block Grant funds, said Agreement bemg mcorporated herem by reference for all purposes as though fully set forth herem word for word

cdbg2000/Contracts/Chl1d Advocates

21 Certification for Contracts, Grants, Loans And Cooperative Agreements

The undersIgned certifies, to the best of his or her knowledge and behef that

(I) No Federal appropnated funds have been paid or WIll be paid, by or on behalf of the underSigned, to any person for mfluencmg or attemptmg to mfluence 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 m connectIOn WIththe awardmg of any Federal contract, the makmg of any Federal grant, the miling of any Federal loan, the entenng mto of any cooperative agreement, and the extenSIOn, contmuatIon, renewal, aInendment or modificatIOn of any Federal contract, grant, loan or cooperative agreement

(2) If any funds other than Federal appropnated funds have been paid or will be paid to any person for influencmg or attemptmg to mfluence an officer or employee of Congress, or an employee of a Member of Congress m connectIOn With thiS Federal contract, grant, loan, or cooperative agreement, the underSigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbymg," m accordance With ItSmstructIons

(3) The underSigned shall reqUire that the language of thiS certificatIOn be mcluded m the award documents for all subawards at all tiers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subreclplents shall certifY and disclose accordmgly

ThiS certificatIOn IS matenal representatIOn of fact upon which rehance was placed when tlus transactIOn was made or entered mto SubmiSSIOnof thiS certificatIOn IS a prereqUlslte for makmg for entenng mto 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 CIVilpenalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed thiS ~ 'r'l. date of

Covered Action COMMUNITY DEVELOPMENT BLOCK GRANT (Type and identity of pro graIn, project or activity)

22 FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED: 12/06100 SUBMITTED BY: M. KIndell I 11 ,,, ., 1 A L. I AGENDA DEPARTMENT: - Commumty Development ITEM COURT AGENDA DATE: 12/12/00 PHONE NO.: 341-4410 #

SUMMARY OF ITEM: DISCUSSand consider actIOn to authonze the County Judge to Sign the followmg CDBG Agreement Project approved by CommiSSIOners Court m Fort Bend County's FY 2000 Consolidated ActIOn Plan on June 27, 2000

1 City of Rosenberg, 6th Street Dramage Improvements $316,00000

RENEWAL CONTRACT/AGREEMENT: Yes () No(X)

LIST SUPPORTING DOCUMENTS ATTACHED: Agreement between Fort Bend County and the City of Rosenberg

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS COMMENTS'

Yes(X) No() N/A() One TIme ()

FundIng Source: RecurrIng ()

Fund 855 Agcy 101 ObJect_ N/A ( )

Original Form Submitted with back up to County Judge's Office: Yes (X) CC with back up: yes ( X) Auditor (281-341-3774) yes (X) Comm. Pet. 1 (281-342-0587) yes ( X) Budget Officer (281-344-3954) yes (X) Comm. Pet. 2 (281-403-8009) yes ( X) County Attorney (281-341-4557) yes (X) Comm. Pet. 3 (281-242-9060) yes ( X) Purchasing Agent (281-341-8642) yes (X) Comm. Pet. 4 (281-980-9077) yes ( X) County Clerk

Instructions for submIttIng an Agenda Request:

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 InformatIon 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:

\~. AGREEMENT

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

This Agreement is by and between the City of Rosenberg, a body corporate and politic under the laws of the State of Texas (heremafter referred to as City) and Fort Bend County, a body corporate and politic under the laws of the State of Texas (heremafter referred to as County)

WITNESSETH:

WHEREAS, the County has submitted a Community Development Block Grant to the U S Government, applicatIOn number B-00-UC-48-0004, which has been approved by the U S Government through the U S Department of Housmg and Urban Development

WHEREAS, the City did agree to cooperate to be included m the grant applicatIOn, and,

WHEREAS, included m the approved grant application for phase 3 of dramage improvements along 6th Street from Avenue I through Avenue K tummg west on Avenue K to Fifth Street for a total cost of $316,000 00 (heremafter referred to as the Project), and,

WHEREAS, the County is the grantee named m the grant charged With compliance of the federal laws, rules, and regulatIOns relating to the expenditure of funds received from the U. S Government pursuant to the approved Commumty Development Block Grant applicatIOn; and,

WHEREAS, the City ISnot familiar with such federal laws, rules, and regulatIOns relatmg to the expenditure of U S. Govemment funds under the Community Development Block Grant applicatIOn, and,

WHEREAS, the County deSires to assure compliance With such laws, rules, and regulatIOns relatmg to the expenditure of funds under the Commumty 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 I

SCOPE OF AGREEMENT

The County and City agree to construct the Project III accordance with the gUidelmes, rules, and regulatIOns required by the U S Department of Housmg and Urban Development (hereinafter referred to as HUD)

DUTIES OF THE COUNTY AND CITY

The City shall be responsible, at ItS own expense, for paymg for the deSign of the Project

The City shall be responsible for the admlmstratlOn of the constructIOn contracts, with the County approvmg the award of the bid The City shall, at ItS own expense, furmsh the necessary IllspectlOn personnel to assure Itself of compliance With the Agreement. The County shall penodlcally mspect the Project dunng constructIOn. The County shall fund the Project as set forth III thiS Agreement.

Wlthlll one hundred twenty (120) 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 fifteen (15) days Comments will be forwarded to the City for IllcorporatlOn mto the final plans and specIficatIOns Fmal plans and specIficatIOns shall be submItted to the County to ensure compliance with HUD/County technical requuements Four (4) sets of the final plans and specIficatIOns shall be returned to the County wlthlll thirty (30) days

Withm 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 III accordance With the approved plans and specificatIOns III the manner SimIlar to that of other City projects

Upon receIpt and tabulatIOn of the bids for the Project, City Will detenmne 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 ISan amount that would result m the cost of the Project being equal to or less than the sum of$3l6,000.00, 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 wntten notice to proceed.

In the event the lowest and best bid for the constructIOn of the Project IS an amount III excess of the sum of $316,000 00, then the City will pay the additIOnal cost of the ProJect. Upon written notification of the lowest and best bid, the County will notify the City to proceed to let the contract and contillue With the constructIOn of the ProJect.

2 The City and the County, through Its Commumty Development Department Duector, may by pnor written agreement mutually agree to re-allocate the funds among the various Ime items of the budget or to new Ime Items created in the budget

III

PROJECT COSTS

For and in consIderatIOn of the constructIOn of the Project as herem set forth, the County agrees to fund project costs not to exceed the total sum of Three Hundred SIxteen Thousand and Noll 00 Dollars ($316,000 00) as set forth m the Budget for CDBG Funds," WhIChshall be m full and total compensation for payment of all expenses allowed under thIS Agreement and the Grant Agreement WIth HUD

CDBGBudget

Construction $288,000.00 Contingency 28,000.00

Total CDBG Funds $316,000.00

The County shall not be liable for the payment of expenses or costs whIch are not allowable under the terms of tlus Agreement and the Grant Agreement WIth HUD

PAYMENT

It ISexpressly agreed and understood that the total amount to be pard by the County under thIS Agreement shall not exceed of Three Hundred SIxteen Thousand and Noll 00 Dollars ($316,000.00). Drawdowns for the payment of ehgible expenses shall be made to the CIty on a monthly basIS agamst the budget speCIfied herem and m accordance WIth performance City shall submIt an mVOlce on or before the fifteenth day of the month for constructIOn work completed dunng the precedmg month. Such mVOlces shall mclude any other documentatIOn requested by the County. All mVOices shall be approved by the Fort Bend County CommunIty Development Department pnor 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 receivmg funds for the purpose of paymg 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-00-UC-48-0004, entItled CommunIty Development Block Grant. Accordmgly, notWlthstandmg anything herem to the contrary, the maxlffium liabIlity of the County under the terms and provIsions of thIS Agreement shall not exceed $316,000 00, or the amount actually receIved by the County from HUD pursuant to the Block Grant.

The City admIts knowledge of the fact that the County's obligahon hereunder for payment of compensatIon and costs, If any, is lImIted to Federal funds receIved pursuant to the Grant Agreement in connectIOn with the Commumty Development Block Grant Program of the U S. Department of Housing and Urban Development, and that unless and unhl 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.

AGREEMENT DOCUMENTS

ThIS Agreement mcludes the followmg 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 Cooperahve Agreements ExhIbIt C - GUldelmes for EntIty DeSIgn BIddmg and AdmImstratIOn of Construchon Projects

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.

VII

NOTICE

Unless otherWIse provided in thIs Agreement, any nohce provIded for or permItted to be given must be In writing and delIvered in person or by deposItmg same In the Umted States mml,

4 postpllld 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 mllli as descnbed 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 ISso 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 CommiSSIOnersCourt Fort Bend County 301 Jackson, Suite 740 FUchmond, Texas 77469

If to the City, then to

Honorable Mayor and City Council CIty' of Rosenberg 2110 Fourth Street Rosenberg, Texas 77471

Each party shall have the nght, from time to time at any time, to change ItS respective address and each shall have the nght to specify as ItS new address, provided that at least fifteen (15) days wntten notice ISgiven 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 Commurnty Development Department, may tenmnate thiS Agreement Without cause at any time by giVing thirty (30) days written notice to the other party

5 IN WITNESS WHEREOF, thiS mstrument m duplicate onginals, has been executed by the parties hereto as follows:

a, It has on the \~i'-day of U.c.lIl'\.W, 2000, 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 authonzmg.

b It has on the~ day of ~ ,2000, been executed by the Mayor and attested to by the City Secretary on behalf of the City pursuant to an Order so authonzing.

ATTEST BY-.L..~--'-''---\,--''~--I-_-= _ J/tP,{BS Q WQlPHI IS

,,,. .' -::---~~~::..::::...:.:....:::_--- . ':.~{ Dianne Wilson County Clerk --- ('";'-~:". - ~.... ". CITY OF ROSENBERG , . , ", ... ~, '.:. ArrEST: -

~~ City Secr~~ary .

W"BUD"CH County Attorney

AUDITOR'S CERTIFICATE

I hereby certify that funds are aVailable m the amount of $316,000.00 to pay the obligatIOn of Fort B<=i Co~~ milla millwi"m "'" fure"m, 7iJt2l.fP

ROBERT E STURDIVANT County Auditor

6 ORDER AUTHORIZING AGREEMENT BETWEEN

FORT BEND COUNTY AND THE CITY OF ROSENBERG

THE STATE OF TEXAS § § COUNTY OF FORT BEND §

On this the \ ""';:)~ day of (Je Q 12!''{\~ , 2000, at a regular meetmg of CommiSSIOners c0ef\ttmg as the goverrnng body of Fort Bend co~pon motion of CommiSSIOner ~ , seconded by CommiSSIOner , duly put and earned,

IT IS ORDERED that Fort Bend County enter mto an mterlocal agreement With the City of Rosenberg for the construction of a storm sewer and associated mlets and manholes for a total cost of $316,00000, in the City of Rosenberg usmg Community Development Block Grant funds, said Agreement bemg mcorporated herem by reference for all purposes as though fully set forth herem word for word.

7 EXHIBIT A

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQillREMENTS

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 1 In accordance With the Act, no person m the Urnted States shall, on the ground of race, color, or national origm, be excluded from participatIOn m, be derued the benefits of, or be otherwise subject to dlscnmmatlOn under any program or activity for wluch 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 ISthereon proVided or Improved With the aid of Federal finanCial aSSistance, tlus clause shall obhgate the owner, or m the case of any transfer of such property, any transferee, to comply With the reqmrements and restrictIOns contamed m tlus clause for the penod dunng wluch the real property or structure IS used for a purpose for wluch the Federal finanCial assistance ISextended or for another purpose involvmg the provlSlon of Similar services or benefits The Contractor Will further comply With federal regulations, 24 CFR Part 1, which implement the act.

II.

FAIR HOUSING REQUIREMENTS

The Contractor shall comply With the Fau Housmg Act (42 US C 3601-20) and Implementmg regulatIons at 24 CFR Part 100, Part 109, and Part 110. No person In the Umted States shall, on the basiS of race, color, rehglOn, sex, natIOnal ongIn, handIcap or famIlIal status, be excluded from partICIpatIOn m, be demed the benefits of, or be subjected to dIscnmmatlOn under any program or actlVlty funded In whole or m part WIth CDBG funds

III.

EXECUTIVE ORDER 11063

The Contractor shall comply With ExecutIve Order 11063 as amended by Executive Order 12259 and as contamed m 24 CFR Part 107 Contractor WIlltake all actIOn necessary and appropnate to prevent dIscnmmation because of race, color, rehglOn (creed), sex, or natIOnal origin, m the sale leasmg, rental, or other dispOSItIOnof reSIdential property and related facIhtIes (mcludmg land to be developed for residential use), or in the use or occupancy thereof, If such property and related faCilities area, among other thmgs, proVided m whole or m part WIth the aId of loans, advances, grants, or contnbutions agreed to be made by the Federal Government.

8 IV.

SECTION 109 OF THE COMMUNITY DEVELOPMENT ACT OF 1974

The Contractor shall comply with Section 109 of the Commumty 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 demed the benefits of, or be subjected to discrimInatIOn under any program or activity funded In whole or m part With CDBG funds

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 dlscnmmated agamst on the baSIS of race, color, religIOn, sex, or natIOnal ongm In all phases of employment durmg 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 fmr treatment In employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termmation, rates of pay, or other forms of compensatIOn and selection for trmmng 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 utllizmg grant funds, and to the displacement of persons, bUSInesses, nonprofit organizatIOns and fanns occurrmg 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 concernmg 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 ofl968, as amended (12 U S.C 1701u)

9 A The Contractor shall, to the greatest extent feasible, give opporturutles for trammg and employment to lower-mcome 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 residmg 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 rehablhtatlOn 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 pertam 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 pamt Such notificatIOn shall POInt out the hazards of lead-based pamt and explain the symptoms, treatment and precautions that should be taken when deahng with lead-based pamt pOisomng

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 penod of debarment, suspensIOn or placement In Inehglblhty status under proVISIOnsof 24 CFR Part 24

UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPALS

The Contractor and its agencies or InstrumentahtIes, and subreclplents shall comply With the pohcies, gUidelines, and reqUirements of 24 CFR Part 85 and OMB Circulars A-87, A-IlO (Implemented at 24 CFR Part 84), A-122, A-133 (Implemented at 24 CFR Part 45), and A- 128'(implemented at 24 CFR Part 44) as apphcable, as they relate to the acceptance and use of Federal funds under thiS part The apphcable sectIOns of 24 CFR Parts 84 and 85 are set forth at 570502.

10 XI.

CONFLICT OF INTEREST

A No member of or delegate to the Congress of the Umted States, and no resident Comn11SslOner,shall be admitted to any share or part of thiS Agreement or to any benefit direct or Indirect that arises from the Agreement

B In accordance WIth 24 CFR Part 570 611, no persons descnbed 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 makmg process or gam inside mformatlOn With regard to CDBG activities, may obtaIn a personal or financial interest or benefit from, or have any mterest m any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those WIth whom they have fmnily or busIness tIes, dunng 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 subreclplent under 24 CFR SectIon 57020 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 570613 WIth respect to the elIgibilIty restnctlOns for certaIn resident alIens. CertaIn newly legalized alIens, as descnbed m 24 CFR Part 49, are not elIgIble to apply for benefits under covered activIties funded by the progrmns lIsted In thiS part of the regulatIOn The GraIltee shall provide the Contractor With any gUIdelInes necessary for complIance WIththat portIOn of the regulatIOn

XIII.

ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES ACT

The Contractor agrees to comply with any federal regulatIOns Issued purSUaIlt to complIance with the Arcrutectural Barners Act of 1968 (42 U S C 4151-4157) which reqUIres certaIn Federal and Federally funded bUlldmgs and other facilities to be deSigned, constructed, or altered m 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 AmenCaIlS With DIsabIlities Act (42 U.S.C 12131 US C 155, 20 I, 218 aIld 225) which provides comprehensive CIvil nghts to indIVIduals WIth dIsabIlities m the areas of employment, public accommodations, State aIld local govennnent services, and telecommumcations The Grantee shall provide the Contractor WIth any gUldelmes necessary for compliance With that portIOn of the regulatIOn in force dUrIngthe term of thIS Agreement

II 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 mmority and women's busmess enterpnses m connectIOn With funded activIties

XV.

DISCRIMINATION ON THE BASIS OF AGE OR HANDICAP

The Contractor shall not dlscnmmate on the basis of age under the Age DlscnmmatlOn Act of 1975 (42 U S C. 61-1-07) and Implementmg regulations at 24 CFR part 146 The Contractor shall not dlscnmmate agamst handicapped mdlvlduals under section 504 of the RehabilitatIOn Act of 1973 (29 U.S C 794) and Implementmg regulatIOns at 24 CFR part 8

XVI.

RECORDS FOR AUDIT PURPOSES

WithOut limitatIOn to any other provIsIOn of this Agreement, the Contractor shall mamtam 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 Accountmg Office or any of their authonzed representatives access to and the right to examme, copy or reproduce all records pertammg to the acqUisition and constructIOn of the Project and the operatiOn of the Project The nght to access shall contmue as long as the records are reqUired to be mamtamed

XVII.

DRUG FREE WORKPLACE ACT OF 1988

The Contractor shall comply with the Drug Free Workplace Act of 1988 and certifY that It will mamtam a drug-free workplace m accordance With the reqUirements of 24 CFR part 24, subpart F

12 EXHIBIT B

CertificatIOn for Contracts, Grants, Loans and Cooperative Agreements

The undersigned certifies, to the best of hiS or her knowledge and bebef that

(1) No Federal appropnated funds have been pald or will be pald, by or on behalf of the underSigned, to any person for mfluencmg or attemptmg 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 m connectIOn With the awardmg of any Federal contract, the makmg of any Federal grant, the makmg of any Federal loan, the entermg into of any cooperative agreement, and the extensIOn, contmuatlOn, renewal, amendment or modificatIOn of any Federal contract, grant, loan or cooperative agreement

(2) If any funds other than Federal appropnated funds have been pald or Will be pald to any person for mfluencmg or attemptmg to mfluence an officer or employee of Congress, or an employee of a Member of Congress m 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 mstructlOns.

(3) The underSigned shall reqUIre that the language of thiS certification be included m the award docmnents for all subawards at all tiers (mcludmg SUbcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subreclpients shall certifY and disclose accordingly

This certificatIOn ISmatenal representatIOn of fact upon whICh reliance was placed when thiS transactIOn was made or entered mto SubmiSSIOnof thiS certification is a prereqUIsite for makmg for entenng mto thiS transactIOn Imposed by sectIOn 1352, title 31, U S Code Any person who fads 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 fallure.

Executed thiS 5ft date of ~ ) ,2(00 B~~:i~ (typed or printed name) Htt(o.<.LJ!2"----- (title, If any)

COMMUNITY DEVELOPMENT BLOCK GRANT (type and identity of program, project or activity)

13 EXHIBIT C

GUIDELINES FOR ENTITY DESIGN, BIDDING AND ADMINISTRATION OF CONSTRUCTION PROJECTS

These guidelmes are mtended to assist those public entities recelvmg Fort Bend County Community Development Block Grant Funds The gmdelmes Will faCilitate the entity's understandmg and compliance with applicable federal and county regulatIOns, poliCies and processes where the entity ISresponsible the for design, biddmg, and construCTIOnadmimstration phases of a project If clarification IS needed, call CurtiS Wilson, Jr., Project Coordmator, Fort Bend County Community Development Department (CDD), (281) 341-4410

The enTItymust submit the proposed consultant's SF 254 and 255 qualificatIOn statements and profeSSIOnal liability msurance certificatIOn for approval pnor to commlssiomng the consultant

2 Upon approval by CDD the enTItymay retam consultant services

3. The schematiC deSign must be Wlthm the preVIOuslyapproved project scope

4 Prelimmary plans and outline speCificatIOns shall be submitted to CDD to review for compliance With project scope, eSTImatedcost and construcTIbllity Comments Will be returned to the consultant for mcorporatlOn mto the final plans Fmal plans will be submitted to the County and Will be reViewed to ensure compliance With HUD/County techmcal reqUirements and to msert County-related documents CorrectIOns and comments Will be returned to the consultant for revISIons Fmal documents must be approved by CDD

5 Pnor to award of contract, CDD and the County Engmeer's Office Will review the bid documents, the bidder's qualificatIOn statements, mmonty busmess plan and finanCial statements to ensure that the contractor has a good contractmg record, adequate capitahzatlOn and/or equipment, etc , to successfully complete the project, meets minonty partICIpation goals and that the bIdder has not been debarred by HUD from workmg on federal contracts

6 The Entity shall conduct a prebld meetmg (if necessary) and a preconstructIon conference with the contractor(s), consultant, and CDD representatives m attendance

7 InspectIon Will be the responSIbility of the Entity. The County Engmeer Will periodically mspect construCTIon

8 The Entity Will be responSible for prepanng monthly pay estimates PreparatIOn Will consist of a site meetmg With the EntIty and/or consultant and the contractor's

14 representative to accurately determine the percentage completIOn of VarIOUScomponents of the work and time used The monthly estimate ISbased 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 ongInal scope of work and be approved by CDD pnor 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 omiSSIOnsby the consultant will be prod for by the Entity. Total aggregate Changes In Contract Will not exceed twenty-five percent (25%) of the ongInal 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

(11/94)

15 APPENDIXl

I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS

Fort Bend County's Commuruty Development Department reqUIres that engmeermg firms 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 mformatIOn requested below will be considered as non-responsive

A. Submit one (I) copy of mformatIOn on the firm m the form of a corporate resume, mcludmg SF 254 and SF 255 Forms.

*B Submit one (I) copy of current project activities of a Similar nature bemg undertaken by your firm (mcludmg dollar amount and contact persons)

*C. Submit any other pertment mformatIOn on the firm's ability to carry out the contractual responsibilities; mcludmg such thmgs as eqUIpment, use of sub-contracts, speCial knowledge of the project area or actiVity bemg conSidered.

*D PrOVide a list of persons, and their classificatIOn, who Will be asSigned to tills Job and !!breakdown of projected hours Qy classificatIOn. person. race. and sex (As underlIned data is not normally found m SF 254/255 forms, It should be prOVidedseparately)

*E. PrOVide a resume 9f all employees who Will be assigned to thiS project, mcludmg a lIstmg of projects havmg SImilar work

F Provide !! detailed scope of work on how you propose to handle thiS !Ym: of construction. and an hourly estimate for each phase of the work The scope of work should contain categones for mItlal site mvestIgatlOn, sUbmissIOn of preliminary plan (constructIOn draWings) for reView, correctIOn of reviSIOns which result from Said review, technical speCifications. easement drawings/legal descnptlOns. and meetmgs as may be reqUIred

G ProVide a list of subcontractors to be employed (If known) and whether these firms are minonty or female owned

H Submit one (I) copy of the Proposal Summary (AppendiX 2)

1. Submit one (I) copy of the Certification for Contracts, Grants, Loans and Cooperative Agreements (AppendiX 3).

16 *NOTE' It ISnot necessary to re-list data already mcluded on the SF 254 and SF 255 forms.

II SELECTION CRITERIA

The award of the contract for engmeenng services reqUired by thiS Request for Proposal shall be determined by analysIs of, but not necessanly limited to, the followmg factors

A Documented evidence of qualificatIOns, resources and expenence 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 Wlthm the reqUired time.

C. Other factors as deemed appropnate, mcludmg a review of the Items submitted under SectIOn I PROCEDURES FOR SUBMITTING ENGINEERING PROPOSALS.

III MBE/WBE PARTICIPATION

Where possible, engmeermg firms are encouraged to utilize the skills and services of mmonty busmesses m the fulfillment of the contractual responsibilities pertammg to tlus project

IV ENGINEERING SERVICES

The City shall enter into a contract for engmeenng services as listed below

The Engmeer Will be responsible for ascertaining the scope of Improvements outlined m this report (scope of work) and developing a Layout and Cost Estimate The Engmeer should recommend alternative layouts if field mvestigatlOns identify additional problems not covered in the ongmal scope of work

2 Upon directIOn of the City, the Engmeer Will prepare constructIOn plans and documents as required so as to mstall the scope of work Identified m thiS report.

3. The Engmeer will Identify and prepare easementlnght-of-way descnptlOns If necessary

17 APPENDIX 2

PROPOSAL SUMMARY (SubmIt wIth Proposal)

I Engmeer (FIrm Name)

*2. P E Hours

*3 Minonty/Female Hours

*4 Total Hours

*These are total estImated hours for the entIre project The data requested here IS m addItIOn to the breakdowns called for in SectIOn I (D & F), PROCEDURES FOR SUBMITTING PROPOSALS

18 APPENDIX 3

CertificatIOn for Contracts, Grants, Loans and Cooperative Agreements

The undersIgned certIfies, to the best of Ins or her knowledge and belIefthat.

(1) No Federal appropnated funds have been paId or WIll be paId, by or on behalf of the underSIgned, to any person for mfluencmg or attemptmg to mfluence 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 m connectIOn WIth the awardmg of any Federal contract, the makmg of any Federal grant, the makmg of any Federal loan, the entenng mto of any cooperatIve agreement, and the extensIOn, contmuatlOn, renewal, aInendment or modificatIOn of any Federal contract, grant, loan or cooperatIve agreement

(2) If any funds other than Federal appropnated funds have been paid or wIll be paId to any person for mfluencmg or attemptIng to mfluence an officer or employee of Congress, or an employee of a Member of Congress m connectIOn WIth thIS Federal contract, grant, loan, or cooperatIve agreement, the underSIgned shall complete and submIt Standard Form-LLL, "DIsclosure Form to Report Lobbymg," m accordance WIth ItSmstructlOns

(3) The underSIgned shall reqUIre that the language of thIS certIficatIOn be Included m the award documents for all subawards at all tIers (mcludmg subcontracts, sub grants, and contracts under grants, loans, and cooperatIve agreements) and that all subreclplents 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 SubmiSSIOnof thIS certIficatIOn IS a prereqUIsIte for makIng for enterIng Into this transactIOn Imposed by sectIon 1352, tItle 31, V.S Code Any person who falls to file the reqUIred certIfication shall be subject to a CIVIlpenalty of not less than $10,000 and not more than $100,000 for each such faIlure

Executed thIS date of --20__

By _ (sIgnature)

(typed or prInted naIne)

(tItle, If any)

Covered ActIOn: COMMUNITY DEVELOPMENT BLOCK GRANT (type and IdentIty of prograIn, project or actIvIty)

CDBG2000/CONTRACTSJRoscnbcrg 6th St contract

19 FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED:-----,1",2",/O",6/",O,,-O _ SUBMITTED BY. County Attorney for Constable, Pet. AGENDA DATE:_----'-'12"-/1...,2"'/O""O'-- _ PHONE NO 281-341-4555 '1MB

SUMMARY OF ITEM: Deliberate and take action on Renewal Contract Deputy Agreements between Fort Bend County and Quail Run CIA, Precinct 2 and Briar Villa CIA, Precinct 2.

RENEWAL CONTRACT/AGREEMENT Yes(X) No()

LIST SUPPORTING DOCUMENTS ATTACHED yes (Back-up documentatIOn must be attached for conSIderation)

FINANCIAL SUMMARY.

BUDGETED ITEM ANNUALIZED DOLLARS COMMENTS: Yes( ) No( ) N/A( ) One Time ( )

FUNDING SOURCE: Recurrmg ( ) Fund __ Agcy __ ObJect__ N/A ( )

Original form submitted with back up to County Judge's Office: Yes: ( X )

CC with back up: Auditor (281-341-3774) Comm. Pet. 1 (281-344-0587) Budget Officer (281-344-3954) Comm. Pet. 2 (281-403-8009) County Attorney (281-341-4557) Comm. Pet. 3 (281-242-9060) Purchasing Agent (281-341-8642) Comm. Pet. 4 (281-980-9077) Constable, Precinct 2 County Clerk (281-341-8697)

InstructIOns for submitting an Agenda Request: 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 InformatIOn by Wednesday at 2 00 P m to the departments hsted above 3 All ongInal back-up must be received 10 the County Judge's Office by 2 00 P m on Wednesday

RECOMMENDATION I ACTION REQUESTED: THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND OUAIL RUN COMMUNITY IMPROVEMENT ASSOCIATION, INC.

On thIS the \'?>~ day of (jece "",'Qe..r , 200 D, the ComrmsslOners Court slttmg as the gOVem\i'\0dY of Fort Bend County, Texas, at a regUlar~n motion of COIrumsslOner ~ , seconded by CommIssIoner , duly put and carned,

The County Judge IS authonzed to execute an Agreement for AddItIOnal Law Enforcement ServIces between Fort Bend County and QuaIl Run CommunIty Improvement Association, Inc for Two (2) Extra Deputy(les) from the Fort Bend County Constable Precmct 2 Office m the total amount of FIFTY-TWO THOUSAND THREE HUNDRED EIGHTY-TWO AND 31/100 DOLLARS ($52,382.31) for a penod of twelve (12) months beginmng January 1,2001

It IS understood and agreed that, pursuant to TEX. Loc GOV'T CODEANN § 351 067, m the event that the Area hes wlthm the corporate hmlts of an mcorporated CIty, tlus Agreement IS subject to the approvaJ (or the failure to disapprove) of the governmg body of saId mcorporated CIty wlthm whICh corporate hmlts the Area hes Such approval (or faIlure to dIsapprove) must occur by the 30th day after the date thIs Agreement IS receIved by the CIty It IS further understood and agreed that, upon thIrty (30) days wntten notice from the CIty to the County, tlus approval may be WIthdrawn and, thereby, thIS Agreement tenmnated

Order Authorlzmg ExecutIOn of Agreement For AddItIonal Law Enforcement ServIces Solo Page THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS' COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND QUAIL RUN COMMUNITY IMPROVEMENT ASSOCIATION, INC.

This Agreement, made and entered mto by and between Fort Bend COimty, Texas, a body corporate and politic actmg herem by and through Its ComrmsslOners' Court ("County"), and QUail Run Community Improvement ASSOCiatIOn,Inc (AssociatIOn")

WITNESSETH:

WHEREAS, the County and the ASSOCiatIOndeSire to further promote public safety and to protect the public mterest by havmg the County proVide additional law enforcement services to a certam area m Fort Bend County, Texas, generally referred to as the QUail Run SubdiVISIOn,as authonzed by SectIOn 351 061, Texas Local Government Code,

WHEREAS, the ASSOCiatIOnagrees to pay the County an amount equal to mnety-five percent (95%) of the total full-time eqUivalent cost to the County of supplymg said additIOnal law enforcement servIces, mcludmg salanes and any and all addItional expenses the County may mcur m provldmg Said addItIOnal law enforcement services to the ASSOCiatIOn,

WHEREAS, the Fort Bend County Constable, Precmct 2, ("Law Enforcement OffiCIal") has law enforcement authonty m the QuaIl Run SubdIVIsion geographical area,

WHEREAS, the County and the Law Enforcement OffiCIal deSIre to prOVIdeSaid addItIOnal law enforcement services, and

WHEREAS, the County and the Law Enforcement OffiCial hereby agree to proVide Said additional law enforcement services

NOW THEREFORE, m conSideration of the mumal promises and representatIOns herem contained, the parties hereby agree as follows

ARTICLE I. DEFINITIONS

A For the purpose of thiS Agreement, the followmg terms shall mean 1 Area That area herem referred to generally as the "Quail Run SubdlVlslOn" The followmg plats of record m the Plat Records of Fort Bend County, Texas, more particularly descnbe the Area

QUAIL RUN

Agreement For AdditIOnal Law Enforcement Services Page - 1 2 Extra Deputy Means the additional deputy (whether one or more) provided by the County to the AssociatIOn to provide the additIOnal law enforcement services contemplated and provided for in this Agreement 3 Working Time. Means the usual or normal hours that an Extra Deputy ISrequired to work m any calendar month and does not mclude any extra or overtime work as provided m the Fort Bend County Personnel Manual a. Workmg time mcludes but ISnot limited to, the time an Extra Deputy ISon duty Wlthm the Area, the time the Extra Deputy spends m trammg, the time the Extra Deputy is m court m connectIOn With cases arlsmg out of events occumng Wlthm the Area, the time the Extra Deputy spends preparmg reports and documents pertammg to events occumng m the Area, the time the Extra Deputy spends m makmg preparatIOns to provide law enforcement m the Area, the time the Extra Deputy spends transportmg persons arrested m the Area to Jail, the time the Extra Deputy spends mvestlgatmg cnmes or possible cnmes committed m the Area, mnety-five percent (95%) of the time the Extra Deputy IS on vacatIOn leave, nmety-five percent (95%) of the time the Extra Deputy IS on Sick leave and nmety-five percent (95%) of the time the Extra Deputy receives workers' compensatIOn benefits b The phrase "Workmg Time" IS all encompassmg of any and all law enforcement activIties related to the Area and ISnot limited to the list set forth m Article (1)(3)(a).

ARTICLE II. PURPOSE

A The purpose of thiS Agreement is for the County to authonze (but not reqUire) the Law Enforcement OffiCial to provlde addltlonal law enforcement personnel to the deslgnated Area under the terms and condltlons herem contamed

ARTICLE III. TERM

A The term of thiS Agreement shall be for a one (1) year penod commencmg on January I, 2001 at 1201 a m and expmng on December 31, 2001 at ]2'00 am, unless sooner termmated pursuant to the terms herem contamed.

B It IS expressly understood and agreed to by the parties that the penod or term of thiS Agreement may be termmated without cause at any time by elther party glVlng to the other party at least thirty (30) days advance written notice of ItS intent to termmate, specifymg m the notice the effective date of the termmatIOn

C. It ISexpressly understood and agreed to by the parties that, notwithstanding the ability of either party to termmate thiS Agreement upon thirty (30) days wntten notice, this Agreement may be termmated, With or WithOUtnotice by County to Association, at any time after the ASSOCIatIOnhas defaulted m the payment of any obligation hereunder

Agreement For AdditIOnal Law Enforcement ServIces Page - 2 D It IS expressly understood and agreed to by the parties that If the AssociatIOn shall at any time be In default of any obhgatlOn hereunder, the AssociatIOn shall be hable to the County for any and all expenses Incurred by the County as a result of such default, including, but not limited to, attorney's fees, costs of court and Interest at the rate of one percent (l%) simple Interest per month, on all past due amounts.

E The amount of expenses Incurred and Interest accrued, If any, shall be deemed to be In addition to any money due for law enforcement servIces rendered hereunder

F If the term of this Agreement IStermmated at any time other than at the end of a contract month, the monthly mstallment payment for such month shall be prorated

G The AssociatIOn shall have the optIOn to renew this Agreement, upon the terms and conditions mutually agreed to m wntlng by both parties, by gIVmg the County notice of ItS electIOn not later than thirty (30) days pnor to the expiratIOn of the imtlal term

ARTICLE IV. EXTRA DEPUTY

A The County, by and through the Law Enforcement Official's Office, agrees to provide the AssociatIOn two (2) Extra DeputY(les), to devote runety-five percent (95%) of hls/her Workmg Time to the Area 1 The Extra Deputy shall perform hls/her duties under thiS Agreement m a good and workmanhke manner and In full comphance With the appropnate Fort Bend County pohcles and the pohcles and procedures of the Law Enforcement Official's Office

B The Law Enforcement OffiCial, or his representative, shall endeavor to notify the AssociatIOn at least ten (10) days In advance of the vacatIOn time to be taken by an Extra Deputy

C The Law Enforcement OffiCial, or his representative, shall endeavor to notify the Association as soon as possible when an Extra Deputy ISon sick leave

D The Extra Deputy shall perform hls/her dutIes under thiS Agreement In the same manner as if the Extra Deputy were performing the duties m the absence of an Agreement

E The Extra Deputy shall submit wntten copies of any felony offense reports and subsequent copies of investigatIVe reports to the Fort Bend County Shenff s Department 1 In the event the Area ISWithin the incorporated hmlts of a mumclpahty, the Extra Deputy shall also submit written copies of any felony offense reports and subsequent copies of investigative reports to the mumclpal pohce department that serves the Area

Agreement Fnr Additional Law Enforcement Services Page·3 F The Extra Deputy perforrmng the duties hereunder shall promptly notify the City of Houston Police Department of the receipt and response to a complamt constltutmg a felony offense and on request shall secure and preserve the scene of the offense for a reasonable time until the arnval of a representative of the City of Houston Police Department

ARTICLE V. AUTHORITY AND COUNTY'S PEROGATIVE TO APPOINT EXTRA DEPUTY

A It ISexpressly understood and agreed to by the parties that the Extra Deputy, If any, shall be subject to the control and supervisIOn of the Law Enforcement OffiCial to the same extent as the Law Enforcement OffiCial's other deputies, and that the Extra Deputy, If any, shall have no duty or obligatIOn to the ASSOCiatIOnor the reSidents of the Area other than those duties and obligatIOns that the Law Enforcement Official's deputies have to the public generally

B. The Law Enforcement OffiCial hereby expressly retams full and complete authonty to supervise the Extra Deputy and, m an emergency, determmed solely at the Law Enforcement Official's discretIOn, may assign any Extra Deputy to duties other than those to be performed pursuant to thiS Agreement

C It ISexpressly understood and agreed to by the parties that thiS Agreement ISnot mtended (nor shall It be construed) to obligate the County and/or the Law Enforcement OffiCial m any manner, whatsoever, to assign the Extra Deputy to devote any portIOn of hls/her Workmg Time to the Area. 1 It ISexpressly understood and agreed to by the parties that a In the event the Law Enforcement OffiCIal does not assign the Extra Deputy to devote substantIally nmety-five percent (95%) of hls/her Workmg Time to the Area, b In the event the Extra Deputy IS removed from the Area by the Law Enforcement OffiCial, and/or C If for some other reason the Extra Deputy does not devote substantially mnety-five (95%) of his/her Workmg Time to the Area for the term oftlus Agreement, then and m that event, Fort Bend County shall have no liability whatsoever to the ASSOCiatIOnand/or the reSident's of the Area, other than to pay the ASSOCiatIOnan appropnate refund, If any be due, as proVIded for herem

ARTICLE VI. COUNTY EMPLOYEES

A The Extra Deputy performing duties under thiS Agreement shall at all times remam a county employee subject to the same rights and responsibilities as the Law Enforcement Official's other deputies B The County agrees that the Extra Deputy shall perform the services descnbed herem m a good and workmanlike manner and III accordance With hls/her law enforcement

Agreement For Additional Law Enforcement Services Page· 4 knowledge and secunty procedures, provided, however, that, while Fort Bend County shall be responsible for the acts and omissions of ItS employees, such responsibility shall be subject to the terms, provIsions and limitatIOns of the ConstitutIOn and of the laws of the State of Texas and, particularly, TEX CIV PRAC & REM §101 001, et seq, the Texas Tort Claims Act

C The County retains sole and mdependent authonty regarding the hmng, diSCipline, and termmatlOn of the Extra Deputy

D The County retams sole and exclusive ownership of any and all umforms, vehicles, eqUipment, and/or any other personal property, regardless of whether purchased by the County, ASSOCiatIOnor Law Enforcement OffiCial, for use or m possessIOn of the Extra Deputy m performance of this Agreement. 1 In the event that the ASSOCiatIOnpurchases and/or prOVides any umform(s), velucle( s), eqUipment and/or other personal property to be used by the Extra Deputy, the ASSOCiatIOnhereby, permanently and lITevocably, expressly donates Said umform(s), veh1C1e(s), eqUipment and/or other personal property to the County

ARTICLE VII. INCREASES

A The ASSOCiatIOnagrees to pay any and all mcreases m the Extra Deputy's salary, allowances, benefits, etc that may occur dunng the term of thiS Agreement, mcludmg, but not limited to 1 SOCialSecunty, 2 Medicare, 3 Retirement, 4 Workers CompensatIOn/unemployment, 5 Health and Life Insurance, 6. CertificatIOn pay, 7 Death and Dismemberment Insurance, and/or

B Salary Upon thirty (30) days notice by the County to the ASSOCiation of any such mcreases and/or additIOnal expenses (whether mcluded on Exhibit "A" or not), the ASSOCiatIOnshall pay Said mcreased salary, allowances, benefits, additIOnal expenses etc , m accordance Wlth the provISIons contamed herem

ARTICLE VIII. PAYMENT BY ASSOCIATION

A All payments to Fort Bend County shall be remitted to the Office of the County Treasurer, 301 Jackson Street, 5th Floor, RJchmond, Texas 77469, AttentIOn The Honorable Kathy Hynson

Agreement For Additional Law Enforcement Services Page' 5 B The AssocIatIOn agrees to pay Fort Bend County the sum of FIFTY-TWO THOUSAND THREE HUNDRED EIGHTY-TWO AND 311100 DOLLARS ($52,382.31) ("Contract Amount") for two (2) Extra Deputy(les) to be used by Fort Bend County for the purpose of paymg mnety-five percent (95%) of the full-lime eqUIvalent cost to the County for supplymg the additIOnal law enforcement servIces, mcludmg a three percent (3%) adrmmstrallve fee, salary and any and all presently known addltlonal expenses the County currently plans to mcur m provldmg such additIOnal law enforcement servIces, for a penod of one (I) year begmning January I, 2001 See attached Exhibit "A", Contract Deputy Cost Worksheet for all presently known expenses I The Contract Amount shall be due and payable, WIthout demand, m twelve (12) equal monthly mstallments of $4,365 20 2 The first mstallment shall be due on January I, 200 I 3 Each subsequent monthly Installment shall be due and payable, Without demand, on or before the 1st day of each month, before 10 00 a m CST, during the term of thIS Agreement

C. The ASSOClallonhereby expressly agrees to pay for mnety-five percent (95%) of any and all expenses Incurred by the County for prOVIding the servICes hereunder, regardless of whether SaId expenses are set forth In ExhIbIt A, Including but not hmlted to, Extra Deputy unIforms, eqUIpment, portable cellular phones, vehIcles, vehicle maIntenance and/or vehicle appearance

D In the event that any addillonal eqUIpment, including but not hmlted to vehIcles, umforms, cellular phones, radiOS, etc, IS necessary to carry out the terms of thIS Agreement, the ASSOCIatIOn,at ItS optIOn, may purchase the eqUIpment and donate It to the County or the ASSOCIatIOnmay provide the County, In advance, With the funds and have the County purchase the eqUIpment I In the event that the ASSOCIatIOnpurchases the equIpment and donates It to the County, the eqUIpment must meet the County's standards and be approved by the Law Enforcement OffiCial before being used by the Extra Deputy 2 In the event that the ASSOCiatIOndeSIres to provide the County With the funds, In advaIlce, to purchase the eqUIpment, all County procedures must be followed 3 Regardless of which optIOn the ASSOCIationchooses, the equipment shall forever become and remain the sole property of the County and shall remaIn the sole property of the County, even upon terminatIOn, for any reason, of thiS Agreement

E If any Installment IS for a fractIOn of a contract month, the amount of such Installment shall be appropnately prorated

F It IS expressly understood and agreed to by the parties that If a payment due under the terms of tlus Agreement ISnot receIved by County Within thIrty (30) days of the due date, the County ISauthonzed to termInate thiS Agreement Without further nollce. I FaIlure of County to make demand for payments due shall not be a waiver of ASsocIallon's obhgatlOns to make llmely payments

Agreement For AddItional Law Enforcement ServIces Page - 6 ARTICLE IX. REFUND

A In the event that the Extra Deputy does not devote substantially nmety-five percent (95%) of hlslher Workmg Time to the Area dunng the term of this Agreement, then the AssociatIOn IS obbgated to pay the County only a proportIonate amount of the Contract Amount

B In the event the amount paid by the Association to the County exceeds said proportIOnate amount, the AssociatIOn shall be entitled to a refund from me County of any excess amount so paid I This proportIOnate amount IS calculated by dlvldmg the Contract Amount by the number of Extra DepUties agreed to m Article IV(A) to determme the rate per Extra Deputy, then determmmg for each of the Extra Deputies the fraction of the term (or penod of thiS Agreement) that such Extra Deputy devoted substantially nmety-five percent (95%) of hlslher Workmg Time to the Area, then calculatmg the appropnate amount for each of the Extra DeputJes by applymg hlslher fractIOn to the above-mentIOned rate per Extra Deputy, then takmg the sum of the appropnate amounts, said sum bemg the proportionate amount.

C Any and all questIOns as to I Whether the Extra Deputy devoted substantially mnety-five percent (95%) of hislher Workmg Time to the Area, 2 Whether any refund ISdue; and/or 3. The amount of any refund due; shall be determmed by the Fort Bend County Auditor and hlslher determmatlOn shall be final, conclusive and bmdmg on the parties

ARTICLE X. ASSIGNMENTS

A This Agreement ISnot assIgnable

ARTICLE XI. INDEMNITY AND HOLD HARMLESS

A. THE ASSOCIATION AGREES FOR ITSELF, ITS HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES TO INDEMNIFY THE COUNTY AND TO RELEASE AND HOLD HARMLESS FORT BEND COUNTY, TEXAS AND ALL OF ITS ELECTED AND APPOINTED OFFICIALS, STAFF, EMPLOYEES AND SERVANTS FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, ATTORNEY'S FEES, COSTS, AND/OR INJURIES, INCLUDING DEATH, THAT THE ASSOCIATION, ITS HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES MAY SUSTAIN AND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY OUT OF THE COUNTY'S, LAW ENFORCEMENT OFFICIAL'S AND/OR EXTRA DEPUTY'S PERFORMANCE PURSUANT TO THIS AGREEMENT.

Agreement For AddItIOnal Law Enforcement ServIces Page - 7 ARTICLE XII. SEVERABILITY

A The provisions of thiS Agreement are severable, and If any word, phrase, clause, sentence, paragraph, sectIOn or other part of tJus Agreement or the applicatIOn thereof, to any person or circumstance, shall ever be held by any court or regulatory authonty of competent JunsdlctlOn, to be mvahd, Illegal or unconstitutIOnal for any reason, the remamder of thiS Agreement shall not be affected thereby, unless, m the sole opmlOn of the County, the purposes of thiS Agreement have been rendered useless

ARTICLE XIII. ENTIRE AGREEMENT; REQUIREMENT OF A WRITING

A It IS understood and agreed to by the parties that the entire Agreement of the parties IS contamed herem and m the attached Exhibit "A" and that thiS Agreement supersedes all pnor communicatIOns and negoliatlOns between the parties, oral or wntten, relatmg to the subject matter hereof as well as any prevIOus Agreements presently m effect between the parties relatmg to the subject mater hereof

B Any modifications, alteratIOns, amendments, deletIOns, or waivers of the prOVISIOnsof thiS Agreement shall be valid only when expressed m wntmg and duly signed by the parties

ARTICLE XIV. NOTICE

A Any nolice reqUired or permitted under thiS Agreement shall be sent, postage prepaid, certified or registered maIl, or delivered m person or by faCSimile, With venficatlOn, as follows

To the County Fort Bend County Judge James C Adolphus 301 Jackson, SUite 719 Rlchmond, Texas 77469

To the Assoclalion Quail Run Community Improvement ASSOCiatiOn,Inc c/o Manager for CIA Services Inc 13313 S W Freeway, SUite 265 Sugar Land, Texas 77478-354

B Either party may deSignate a different address by giVlllg at least ten (10) days wntten notice to the other party III the marmer provided above

Agreement For AddItIonal Law Enforcement ServIces Page - 8 ARTICLE XV. THIRD PARTY APPROVAL MAY BE REQUIRED

A In the event that the Area lIes wlthm the corporate limits of any mcorporated CIty, It IS understood and agreed to by the partIes that pursuant to Section 351 067, Texas Local Government Code, this Agreement ISsubject to the approval (or the faIlure to dIsapprove) of the governing body of the incorporated CIty ("City") wlthm whIch corporate limits the Area lies

B Such approval (or failure to disapprove) must occur by the 30lh day after the date this Agreement is received by the City

C It IS further understood and agreed to by the partIes that, upon thirty (30) days wntten nollce from the City to the County, this approval may be Withdrawn and, thereby, this Agreement termmated

ARTICLE XVI. EXECUTION

IN WITNESS WHEREOF, the parties put thm hands to thIS Agreement on the dates mdlcated below, but effective January I, 2001

1JQC.Q.,,~Q!\'Ch'd,\)8C) Date

Dlarme WilSall' County e-.~.~~

VEMENT ASSOCIATION, INC.

Date

Date ATTEST

City Secretary

DSH 3042 1112912000

Agreement For AddItIonal Law Enforcement ServIces Page - 9 EXHIBIT "A"

SUBDIVISION: Ouaii Run Commumty Improvement Association

Start Date: January 1,2001 Ending Date: December 31, 2001

72 hours per week @ $11.89 per hour: (l Deputy - 32 hours and 1 Deputy - 40 hours per week)

Bl-Weekly Salary $ 1,71216 FICA (7 65%) 13098 Retirement (l0 49%) 17960 Workers' Comp /Unemployment (0 85%) 1455

BI-Weekly Total $ 2,03729

Total Salary (26.1 Pay Periods) $ 53,173.27

Other Cost - Pagmg Service (2 Pagers @ $180 00) 36000

Total Cost $ 53,533.27

Commumty ASSOCiatIOnCost (95%) $ 50,85661 Plus 3% Admmlstratlve Fee 1,52570

Total Contract Cost $ 52,382.31

QUAIL RUN CIA MONTHLY COST: $ 4,365.20

Order Authonzmg Execullon of Agreement For AdditIOnal Law Enforcement Services Solo Page THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND BRIAR VILLA COMMUNITY IMPROVEMENT ASSOCIATION, INC.

On this the \~~ day of We.<:..!(..!"~ , 200e, the ComrmsslOners Court sittmg as the gOvemf\\bodY of Fort Bend County, Texas, at a regUI~~Upon monon of Commissioner ~' seconded by CommissIOner () ~ ' duly put and carned,

The County Judge IS authonzed to execute an Agreement for Additional Law Enforcement Services between Fort Bend County and Bnar Villa Community Improvement ASSOCiatIOn,Inc for One (I) Extra Deputy(ies) from the Fort Bend County Constable Precmct 2 Office m the total amount of TWENTY-THREE THOUSAND THREE HUNDRED AND 55/100 DOLLARS ($23,300.55) for a penod of twelve (12) months begmmng January 1,2001

It IS understood and agreed that, pursuant to TEX Lac GOV'T CODEANN § 351067, m the event that the Area lies wlthm the corporate limits of an mcorporated City, thiS Agreement IS subject to the approval (or the failure to disapprove) of the govemmg body of Said mcorporated City Wlthm which corporate limits the Area lies Such approval (or failure to disapprove) must occur by the 30th day after the date thiS Agreement IS received by the City It IS further understood and agreed that, upon thirty (30) days written nonce from the City to the County, thiS approval may be Withdrawn and, thereby, thiS Agreement temunated

Order Aulhonzmg Execullon of Agreemenl For AddllIonal Law Enforcement ServIces Solo Page THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND BRIAR VILLA COMMUNITY IMPROVEMENT ASSOCIATION, INC.

This Agreement, made and entered mto by and between Fort Bend County, Texas, a body corporate and pohtIc actmg herem by and through ItS CommiSSIOners' Court ("County"), and Bnar Villa Cornmunlty Improvement ASSOCiation,Inc (AsSOCiatIOn")

WITNESSETH:

WHEREAS, the County and the ASSOCiatIOndeSIre to further promote public safety and to protect the pubhc mterest by havmg the County proVide additIOnal law enforcement services to a certam area m Fort Bend County, Texas, generally referred to as the Bnar Villa SubdivIsIOn, as authonzed by SectIOn 351 061, Texas Local Government Code,

WHEREAS, the ASSOCiatIOnagrees to pay the County an amount equal to ninety-five percent (95%) of the total full-time eqUIvalent cost to the County of supplymg said additIOnal law enforcement services, mcludmg salaries and any and all additional expenses the County may incur m provldmg said additIOnal law enforcement services to the ASSOCiatIOn,

WHEREAS, the Fort Bend County Constable, Precmct 2, ("Law Enforcement Official") has law enforcement authonty m the Bnar Villa SubdiVISIOngeographical area,

WHEREAS, the County and the Law Enforcement Official deSire to proVide Said addltlOnailaw enforcement services, and

WHEREAS, the County and the Law Enforcement OffiCial hereby agree to proVide said additional law enforcement services

NOW THEREFORE, m consideration of the mutual promises and representations herem contamed, the parties hereby agree as follows

ARTICLE I. DEFINITIONS

A For the purpose of thiS Agreement, the followmg terms shall mean I. Area That area herem referred to generally as the "Bnar Vllla SubdivisIOn" The followmg plats of record m the Plat Records of Fort Bend County, Texas, more particularly descnbe the Area.

BRIAR VILLA

Agreement For AddItIOnal Law Enforcement Services Page - I 2. Extra Deputy Means the addItional deputy (whether one or more) provIded by the County to the AssociatIOn to provIde the addItIOnal law enforcement servIces contemplated and provIded for m thIS Agreement 3 WorlGng TIme. Means the usual or normal hours that an Extra Deputy ISreqUIred to work in any calendar month and does not mclude any extra or overtime work as provIded m the Fort Bend County Personnel Manual a Workmg time mcludes but ISnot limIted to, the time an Extra Deputy ISon duty withm the Area, the tIme the Extra Deputy spends m trammg, the time the Extra Deputy IS m court m connectIon WIth cases arlsmg out of events occumng wlthm the Area, the time the Extra Deputy spends prepanng reports and documents pertammg to events occurnng m the Area, the time the Extra Deputy spends m makmg preparatIOns to prOVIde law enforcement m the Area, the time the Extra Deputy spends transportmg persons arrested m the Area to Jail, the time the Extra Deputy spends mvestlgatmg cnmes or pOSSIble cnmes commItted m the Area, nmety-five percent (95%) of the tIme the Extra Deputy IS on vacatIon leave, mnety-five percent (95%) of the tIme the Extra Deputy IS on SIck leave and mnety-five percent (95%) of the tIme the Extra Deputy receIves workers' compensatIOn benefits b The phrase "Workmg TIme" IS all encompassmg of any and all law enforcement activIties related to the Area and is not hmlted to the hst set forth m ArtIcle (I)(3)(a).

ARTICLE II. PURPOSE

A The purpose of thIS Agreement IS for the County to authonze (but not reqUIre) the Law Enforcement OffiCIal to prOVIdeaddItional law enforcement personnel to the deSIgnated Area under the terms and condItIOns herem contamed

ARTICLE III. TERM

A The term of thIS Agreement shall be for a one (I) year penod commencmg on January I, 2001 at 1201 am. and expmng on December 31, 2001 at 1200 a.m, unless sooner termmated pursuant to the terms herem contamed.

B. It IS expressly understood and agreed to by the partIes that the penod or term of thIS Agreement may be termmated WIthout cause at any time by either party gIving to the other party at least tInrty (30) days advance wntten notIce of ItS mtent to termmate, specifymg m the notice the effective date of the termmatlOn

C It is expressly understood and agreed to by the partIes that, notWIthstandmg the ablhty of either party to termmate thIS Agreement upon thIrty (30) days wntten notIce, thIS

Agreement For AdditIonal Law Enforcement Services Page - 2 Agreement may be terminated, With or Without notice by County to ASSOCiatIOn,at any time after the ASSOCiatIOnhas defaulted m the payment of any obhgatlon hereooder

D It ISexpressly understood and agreed to by the parties that If the ASSOCiatIOnshall at any time be m default of any obhgatlOn hereooder, the ASSOCiatIOnshall be hable to the Coooty for any and all expenses mcurred by the County as a result of such default, mcludmg, but not hmlted to, attorney's fees, costs of court and mterest at the rate of one percent (1%) simple mterest per month, on all past due amounts

E The amount of expenses incurred and interest accrued, If any, shall be deemed to be m additIOn to any money due for law enforcement services rendered hereooder

F If the term of this Agreement IStermmated at any time other than at the end of a contract month, the monthly mstallment payment for such month shall be prorated

G The ASSOCiatIOnshall have the optIOn to renew thiS Agreement, upon the terms and conditIOns mutually agreed to m wntmg by both parties, by glvmg the Coooty notice of ItSelectIOn not later than thirty (30) days pnor to the expiratIOn of the mltlal term

ARTICLE IV. EXTRA DEPUTY

A The County, by and through the Law Enforcement Official's Office, agrees to prOVidethe ASSOCiatIOnone (1) Extra Deputy(les), to devote mnety-five percent (95%) of hls/her Workmg Time to the Area 1 The Extra Deputy shall perform hls/her duties ooder thiS Agreement in a good and workmanhke manner and m full comphance With the appropnate Fort Bend County pohcles and the pohcles and procedures of the Law Enforcement Official's Office

B The Law Enforcement Official, or hiS representative, shall endeavor to notify the Association at least ten (l0) days m advance of the vacatIOn time to be taken by an Extra Deputy

C The Law Enforcement Official, or hiS representative, shall endeavor to notify the ASSOCiatIOnas soon as pOSSiblewhen an Extra Deputy ISon Sick leave

D The Extra Deputy shall perform hls/her duties ooder thiS Agreement m the same manner as if the Extra Deputy were perforrmng the duties m the absence of an Agreement

E The Extra Deputy shall submit wntten copies of any felony offense reports and subsequent copies ofmvestlgatlve reports to the Fort Bend Coooty Shenffs Department 1. In the event the Area is Wlthm the mcorporated hmlts of a municlpahty, the Extra Deputy shall also submit wntten copies of any felony offense reports and subsequent copies of investigative reports to the moolclpal pohce department that serves the Area

Agreement For AddIttonal Law Enforcement ServIces Page - 3 F The Extra Deputy performmg the dutIes hereunder shall promptly notIfy the CIty of Houston PolIce Department of the receipt and response to a complamt constItutmg a felony offense and on request shall secure and preserve the scene of the offense for a reasonable time untIl the arnval of a representative of the CIty of Houston PolIce Department

ARTICLE V. AUTHORITY AND COUNTY'S PEROGATIVE TO APPOINT EXTRA DEPUTY

A It ISexpressly understood and agreed to by the parties that the Extra Deputy, If any, shall be subject to the control and superviSIOn of the Law Enforcement OffiCial to the same extent as the Law Enforcement Official's other deputies, and that the Extra Deputy, If any, shall have no duty or oblIgatIOn to the ASSOCiatIOnor the reSidents of the Area other than those duties and oblIgatIOns that the Law Enforcement OffiCial's deputies have to the publIc generally

B The Law Enforcement OffiCial hereby expressly retains full and complete authonty to supervise the Extra Deputy and, m an emergency, determmed solely at the Law Enforcement OffiCial's discretIOn, may assign any Extra Deputy to dutIes other than those to be performed pursuant to thiS Agreement

C. It ISexpressly understood and agreed to by the parties that thiS Agreement ISnot mtended (nor shall It be construed) to oblIgate the County and/or the Law Enforcement OffiCial m any manner, whatsoever, to assign the Extra Deputy to devote any portIOn of hlslher Workmg Time to the Area I It ISexpressly understood and agreed to by the parties that a In the event the Law Enforcement OffiCial does not assign the Extra Deputy to devote substantially mnety-five percent (95%) of hlslher Workmg Time to the Area, b In the event the Extra Deputy IS removed from the Area by the Law Enforcement OffiCial, and/or c If for some other reason the Extra Deputy does not devote substantIally nmety-five (95%) ofhlslher Workmg Time to the Area for the term of this Agreement, then and m that event, Fort Bend County shall have no lIabilIty whatsoever to the ASSOCiatIOnand/or the reSident's of the Area, other than to pay the ASSOCiatIOnan appropnate refund, If any be due, as prOVidedfor herem

ARTICLE VI. COUNTY EMPLOYEES

A The Extra Deputy performmg dutIes under thiS Agreement shall at all tImes remam a county employee subject to the same nghts and responSibilItIes as the Law Enforcement Official's other deputIes.

Agreemenl For AddItIonal Law Enforcement ServIces Page· 4 B. The County agrees that the Extra Deputy shall perform the services described herem m a good and workmanlike marmer and in accordance with hislher law enforcement knowledge and security procedures, provided, however, that, while Fort Bend County shall be responsible for the acts and omiSSIOnsof ItS employees, such responsibility shall be subject to the terms, provIsIOns and limitatIOns of the ConslitutlOn and of the laws of the State of Texas and, particularly, TEX CIV PRAC & REM §IOI 001, et seq, the Texas Tort ClaIms Act

C The County retams sole and mdependent authonty regardmg the hmng, dlsclplme, and termmatlOn of the Extra Deputy

D The County retains sole and exclUSive ownerslup of any and all umforms, vehicles, eqUipment, and/or any other personal property, regardless of whether purchased by the County, ASSOCiatIOnor Law Enforcement OffiCial, for use or m possessIOn of the Extra Deputy m performance of thiS Agreement I In the event that the ASSOCiatIOnpurchases and/or provides any umform(s), vehlcle(s), eqUipment and/or other personal property to be used by the Extra Deputy, the Associalion hereby, permanently and lITevocably, expressly donates SaId unlform(s), vehlcle(s), eqUipment and/or other personal property to the County

ARTICLE VII. INCREASES

A. The ASSOCiatIOnagrees to pay any and all mcreases m the Extra Deputy's salary, allowances, benefits, etc that may occur dunng the term of thiS Agreement, includmg, but not limited to' I SOCialSecurity, 2 Medicare, 3 Retirement, 4 Workers CompensatIOn/unemployment, 5 Health and Life Insurance, 6 CertificatIOn pay, 7 Death and Dismemberment Insurance, and/or

B Salary Upon thirty (30) days notlce by the County to the AssoclatlOn of any such mcreases and/or additIOnal expenses (whether mcluded on Exhibit "A" or not), the ASSOCiatIOnshall pay said mcreased salary, allowances, benefits, additIOnal expenses etc. m accordance Wlth the provlslons contamed herein

ARTICLE VIII. PAYMENT BY ASSOCIATION

A. All payments to Fort Bend County shall be remitted to the Office of the County Treasurer, 301 Jackson Street, 5th Floor, Rlclunond, Texas 77469, AttentIOn: The Honorable Kathy Hynson.

Agreement For AddIllonal Law Enforcement ServIces Page· 5 B The AssociatIOn agrees to pay Fort Bend County the sum of TWENTY-THREE THOUSAND THREE HUNDRED AND 551100 DOLLARS ($23,300.55) ("Contract Amount") for one (1) Extra Deputy(les) to be used by Fort Bend County for the purpose of paymg nmety-five percent (95%) of the full-time eqUivalent cost to the County for supplymg the addltwnal law enforcement services, includmg a three percent (3%) admmlstratlve fee, salary and any and all presently known additIOnal expenses the County currently plans to mcur m providmg such additional law enforcement services, for a penod of one (1) year begmnmg January I, 2001 See attached Exhibit "A", Contract Deputy Cost Worksheet for all presently known expenses I The Contract Amount shall be due and payable, Without demand, m twelve (12) equal monthly mstallments of $1,941 72 2 The first mstallment shall be due on January I, 2001. 3 Each subsequent monthly mstallment shall be due and payable, Without demand, on or before the 1st day of each month, before 10 00 a m CST , dunng the term of thiS Agreement

C The ASSOCiatIOnhereby expressly agrees to pay for mnety-five percent (95%) of any and all expenses mcurred by the County for provldmg the services hereunder, regardless of whetiler Said expenses are set forth m Exhibit A, mcludmg but not limited to, Extra Deputy uniforms, eqUipment, portable cellular phones, vehicles, vehicle maintenance and/or vehicle appearance

D In the event that any additional eqUipment, including but not limited to vehicles, uniforms, cellular phones, radIOS, etc, IS necessary to carry out the terms of tlus Agreement, the ASSOCiatIOn,at ItS optIOn, may purchase the eqUipment and donate It to the County or the ASSOCiatIOnmay provide the County, m advance, With the funds and have the County purchase the eqUipment. I In tile event that the ASSOCiatIOnpurchases the eqUipment and donates It to the County, the equipment must meet the County's standards and be approved by the Law Enforcement OffiCial before being used by the Extra Deputy 2 In the event that the ASSOCiatIOndeSires to proVide the County With the funds, m advance, to purchase the eqUipment, all County procedures must be followed 3 Regardless of which optIOn the ASSOCiatIOnchooses, the eqUipment shall forever become and remam the sole property of the County and shall remam the sole property of the County, even upon termmatlOn, for any reason, of this Agreement

E If any mstallment IS for a fraction of a contract month, the alnount of such mstallment shall be appropnately prorated

F It IS expressly understood and agreed to by the parties that If a payment due under the terms of this Agreement is not received by County within thirty (30) days of the due date, the County ISautilonzed to termmate thiS Agreement WithOUtfurther notice I. Failure of County to make demand for payments due shall not be a waiver of ASSOCiatIOn'sobligatIOns to make timely payments

Agreement For AddItional Law Enforcement ServIces Page - 6 ARTICLE IX. REFUND

A In the event that the Extra Deputy does not devote substantially mnety-five percent (95%) of hls/her Working Time to the Area dunng the term of thiS Agreement, then the AssociatIOn IS obligated to pay the County only a proportIOnate amount of the Contract Amount.

B In the event the amount paid by the ASSOCiatIOnto the County exceeds said proportIOnate amount, the ASSOCiatIOnshall be entItled to a refund from the County of any excess amount so paid 1 Tills proportIOnate amount IS calculated by dlVldmg the Contract Amount by the number of Extra Deputies agreed to m Article IV(A) to determme the rate per Extra Deputy, then determmmg for each of the Extra Deputies the fractIOn of the term (or penod of this Agreement) that such Extra Deputy devoted substantially mnety-five percent (95%) of hls/her Workmg Time to the Area, then calculatmg the appropnate amount for each of the Extra Deputies by applymg hls/her fractIOn to the above-mentIOned rate per Extra Deputy, then takmg the sum of the appropnate amounts, said sum bemg the proportIOnate amount

C Any and all questions as to 1 Whether the Extra Deputy devoted substantially nmety-five percent (95%) of hls/her Workmg Time to the Area, 2 Whether any refund IS due, and/or 3 The amount of any refund due, shall be determmed by the Fort Bend County Auditor and hls/her determmatlOn shall be final, conclusive and bmdmg on the parties

ARTICLE X. ASSIGNMENTS

A ThiS Agreement IS not assignable

ARTICLE XI. INDEMNITY AND HOLD HARMLESS A. THE ASSOCIATION AGREES FOR ITSELF, ITS HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES TO INDEMNIFY THE COUNTY AND TO RELEASE AND HOLD HARMLESS FORT BEND COUNTY, TEXAS AND ALL OF ITS ELECTED AND APPOINTED OFFICIALS, STAFF, EMPLOYEES AND SERVANTS FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, ATTORNEY'S FEES, COSTS, AND/OR INJURIES, INCLUDING DEATH, THAT THE ASSOCIATION, ITS HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES MAY SUSTAIN AND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY OUT OF THE COUNTY'S, LAW ENFORCEMENT OFFICIAL'S AND/OR EXTRA DEPUTY'S PERFORMANCE PURSUANT TO THIS AGREEMENT.

Agreement For AdditIOnal Law Enforcement Services Page - 7 ARTICLE XII. SEVERABILITY

A The provlSlons of thiS Agreement are severable, and If any word, phrase, clause, sentence, paragraph, sectIOn or other part of thiS Agreement or the applicatIOn thereof, to any person or Circumstance, shall ever be held by any court or regulatory authonty of competent jurisdiction, to be mvalid, Illegal or unconstitutIOnal for any reason, the remamder of thiS Agreement shall not be affected thereby, unless, m the sole opmlOn of the County, the purposes of this Agreement have been rendered useless

ARTICLE XIII. ENTIRE AGREEMENT; REQUIREMENT OF A WRITING

A It IS understood and agreed to by the parties that the entire Agreement of the parties IS contamed herem and m the attached Exhibit "A" and that thiS Agreement supersedes all pnor commumcatlOns and negotiatIOns between the parties, oral or wntten, relatmg to the subject matter hereof as well as any prevIous Agreements presently m effect between the parties relatmg to the subject mater hereof

B Any modificatIOns, alteratIOns, amendments, deletIOns, or Waivers of the proVISIOnsof tins Agreement shall be valid only when expressed in wntmg and duly Signed by the parties

ARTICLE XIV. NOTICE

A Any notice reqUired or permitted under tills Agreement shall be sent, postage prepaid, certified or registered mall, or delivered m person or by faCSimile, WIth venficatlOn, as follows

To the County Fort Bend County Judge James C Adolphus 301 Jackson, SUite 719 Richmond, Texas 77469

To the Association Bnar VIlla Community Improvement ASSOCiatIOn,Inc Pnnclpal Management Group 4635 S W Freeway, SUite 425 Houston, Texas 77027

B. Either party may deSignate a different address by glVlng at least ten (10) days written notice to the other party m the marIner provided above

ARTICLE XV.

Agreement For AdditIonal Law Enforcement ServIces Page' 8 ARTICLE XV. THIRD PARTY APPROVAL MAYBE REQUIRED

A In the event that the Area hes wlthm the corporate hmlts of any mcorporated CIty, It IS understood and agreed to by the partIes that pursuant to SectIOn 351 067, Texas Local Government Code, thIS Agreement ISsubject to the approval (or the faIlure to dIsapprove) of the governing body of the mcorporated cIty ("CIty") wlthm whICh corporate hmlts the Area hes

B. Such approval (or faIlure to dIsapprove) must occur by the 30'h day after the date thIS Agreement ISreceIved by the CIty

C It IS further understood and agreed to by the partIes that, upon thIrty (30) days wntten notIce from the City to the County, thIS approval may be WIthdrawn and, thereby, thIS Agreement termmated

ARTICLE XVI. EXECUTION

IN WITNESS WHEREOF, the partIes put theIr hands to thIS Agreement on the dates mdlcated below, but effective January 1,2001

Th,Qri\"w.r \"cl"d.\)'£) , Date ' " t,.' f)/SYrIGZt!i5 .. ·.. : ..:AtrES~ .. ".

-.: DIanne WIlson, County~ :" ". BRIAR VILLA COMMUNITY IMPROVEMENT ASSOCIATION, INC. , ~ ~~Vv~ /1-10-00 Date CITY OF HOUSTON

Date ATTEST.

CIty Secretary

DSH briar vdla 3042 1112912000

Agreement For Add,tlOnal Law Enforcement Semces Page' 9 EXHIBIT "A"

SUBDIVISION: Briar Villa Homeowners Association

Start Date: January 1,2001 Ending Date: December 31, 2001

1 Deputy - 32 hours per week @ $11.89 per hour:

Bi-Weekly Salary $ 76096 FICA (7 65%) 5821 Retirement (l0 49%) 7982 Workers' Comp /Unemployment (0 85%) 647

BI-Weekly Total $ 90546

Total Salary (26.1 Pay Periods) $ 23,632.51

Other Cost - Pagmg ServICe 18000

Total Cost for 1 deputy $ 23,812.51

Community AssociatIOn Cost (95%) $ 22,621 88 Plus 3% Admllllstrative Fee 67866

Total Contract Cost $ 23,300.55

BRIAR VILLA HOA MONTHL Y COST: $ 1,941.72

Order AUlhorizIng ExecutIOn of Agreement For Additional Law Enforcement ServIces Solo Page J. 2000 CONSTABLE PRECINCT 4 Fort Bend County. Texas

S H "HAL" WERLEIN (281) 242-4014 Constable Fax (281) 242-9030

December 6, 2000

James C Adolphus County Judge 309 S 4th S1., SUIte 719 RIchmond, Texas 77469

Re Agenda Item

Dear Judge Adolphus

I am requesting that the followmg Item be mcluded on the CommIssIoner's Court Agenda for Tuesday, December 12, 2000

I am requestmg approval of the 2001 contract between Fort Bend County and New Terntory ResIdentIal Commumty ASSOCIatIOn

If there should be any questions in reference to thIS request, please contact our office at (281) 242-4014

Smcerely,

Z~",__Q /(( / / I ", ~...... ,.,."". p \I ' (". ~ , ./ ISH. "Hal" Werlem Constable Precmct Four

SHW/pp

xc CommISSIOner R L O'Shleles COUlltyAudItor Ed SturdIvant CommIssIOner Grady Prestage Budget Officer JIm Edwards CommIssIoner Andy Meyers County Attorney Ben "Bud" ChIlders CommIssIOner James Patterson Purchasmg Agent GIlbert Jalomo COUlltyClerk DIanne WIlson THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND NEW TERRITORY RESIDENTIAL COMMUNITY ASSOCIATION

On tlus the \?J.."'!I<' day of \JecQri\~ , 2000 the CommIssIOners Court sIttmg as the govem~ body of Fort Bend County, Texas, at a regular CommIssIoner ill \~~ ,seconded by CommIssIoner _Yl~~~~ , duly put and carned, \:j

The County Judge is authorIzed to execute an Agreement for AddItIOnal Law Enforcement ServIces between Fort Bend County and New Temtory ResIdential CommunIty ASSOCiatIOnfor three (3) Extra Deputy(Ies) from the Fort Bend County Constable Precmct 4 Office m the total amount of ONE HUNDRED FORTY-THREE THOUSAND EIGHTY-EIGHT AND 69/100 DOLLARS ($143,088.69) for a perIod of twelve (12) months begmnmg January 1,2001

It is understood and agreed that, pursuant to TEX Loc Gov'r CODEANN § 351 067, m the event that the Area lIes within the corporate lImits of an incorporated CIty, thIS Agreement IS subject to the approval (or the fallure to dIsapprove) of the govemmg body of sald mcorporated CIty Wltlun winch corporate lImIts the Area lIes Such approval (or fallure to dIsapprove) must occur by the 30th day after the date thIS Agreement IS receIved by the CIty It IS further understood and agreed that, upon thIrty (30) days wntten notice from the Cay to the County, thIs approval may be wIthdrawn and, thereby, thIS Agreement tennmated

Order AuthorIzmg ExecutIOn of Agreement For AddllIonal Law Enforcement ServIces Solo Page ORIGINAL THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND NEW TERRITORY RESIDENTIAL COMMUNITY ASSOCIATION

Tlus Agreement, made and entered mto by and between Fort Bend County, Texas, a body corporate and polItiC actmg herem by and through Its CommiSSIOners' Court ("County"), and New Terntory ResidentIal Community AssociatIOn (AssociatIOn")

WITNESSETH:

WHEREAS, the County and the AssociatIOn desire to further promote publIc safety and to protect the publIc mterest by having the County provide additIOnal law enforcement services to a certam area m Fort Bend County, Texas, generally referred to as the New Terntory SubdivIsIOn, as authonzed by SectIOn 351 061, Texas Local Government Code,

WHEREAS, the AssociatIOn agrees to pay the County an amount equal to mnety-five percent (95%) of the total full-tIme eqUIvalent cost to the County of supplymg Said additIOnal law enforcement services, mcludmg salaries and any and all additIOnal expenses the County may mcur m provldmg said additIOnal law enforcement services to the AssociatIOn,

WHEREAS, the Fort Bend County Constable, Precmct 4, ("Law Enforcement OffiCial") has law enforcement authonty m the New Terntory SubdIvIsIOn geograplucal area,

WHEREAS, the County and the Law Enforcement OffiCial desIre to provide Said addltJonallaw enforcement services, and

WHEREAS, the County and the Law Enforcement OffiCial hereby agree to prOVide Said additIOnal law enforcement services

NOW THEREFORE, m consideratIOn of the mutual promises and representatIOns herem contamed, the parties hereby agree as follows

ARTICLE I. DEFINITIONS

A For the purpose of thiS Agreement, the followmg terms shall mean I Area That area herein referred to generally as the "New Terntory SubdlVlslOn" The followmg plats of record in the Plat Records of Fort Bend County, Texas, more particularly descnbe the Area

NEW TERRITORY

Agreement For AdditIOnal Law Enforcement Services Page - 1 2 Extra Deputy Means the additIOnal deputy (whether one or more) proVided by the County to the Association to proVide the additIonal law enforcement services contemplated and provided for m thiS Agreement 3 Wor!qng Time Means the usual or normal hours that an Extra Deputy ISreqUired to work m any calendar month and does not include any extra or overtIme work as prOVided m the Fort Bend County Personnel Manual a Workmg tIme mcludes but is not limited to, the tIme an Extra Deputy ISon duty wIthm the Area, the time the Extra Deputy spends m trammg, the tIme the Extra Deputy IS m court m connectIOn WIth cases arismg out of events occurnng wlthm the Area, the time the Extra Deputy spends preparmg reports and documents pertammg to events occurnng m the Area, the time the Extra Deputy spends m makmg preparatIOns to proVide law enforcement m the Area, the time the Extra Deputy spends transportmg persons arrested m the Area to JaIl, the tIme the Extra Deputy spends mvestIgatmg cnmes or pOSSible cnmes committed m the Area, mnety-five percent (95%) of the time the Extra Deputy IS on vacatIOn leave, mnety-five percent (95%) of the tIme the Extra Deputy IS on Sick leave and nmety-five percent (95%) of the tIme the Extra Deputy receives workers' compensatIOn benefits b The phrase "Workmg Time" IS all encompassmg of any and all law enforcement actiVities related to the Area and IS not limited to the list set forth m Article (I)(3)(a)

ARTICLE II. PURPOSE

A The purpose of thiS Agreement IS for the County to authonze (but not reqUire) the Law Enforcement OffiCial to prOVide additIonal law enforcement personnel to the deSignated Area under the terms and conditIons herem contamed

ARTICLE III. TERM "

A The term of thiS Agreement shall be for a one (I) year penod commencmg on January 1, 2001 at 12.01 am. and expmng on December 31, 2001 at 1200 am, unless sooner termmated pursuant to the terms herem contamed

B It is expressly understood and agreed to by the parties that the penod or term of thiS Agreement may be terminated without cause at any time by either party glVlng to the other party at least thirty (30) days advance wntten notice of ItS mtent to termmate, speclfymg m the notice the effectIve date of the termmatlOn

C It ISexpressly understood and agreed to by the parties that, notWIthstanding the ability of either party to termmate thiS Agreement upon thirty (30) days wntten notIce, thIs Agreement may be termmated, With or Without notice by County to ASSOCIatIon,at any time after the Association has defaulted in the payment of any obligatIOn hereunder.

Agreement For AddItIOnal Law Enforcement Services Page - 2 D. It IS expressly understood and agreed to by the partIes that If the AssocIatIon shall at any tIme be m default of any obhgatlon hereunder, the ASSOCiatIOnshall be !table to the County for any and all expenses mcurred by the County as a result of such default, mcludmg, but not !tmlted to, attorney's fees, costs of court and mterest at the rate of one percent (1%) sImple mterest per month, on all past due amounts.

E. The amount of expenses mcurred and interest accrued, If any, shall be deemed to be m additIOn to any money due for law enforcement servIces rendered hereunder

F If the term of thts Agreement IStermmated at any time other than at the end of a contract month, the monthly mstallment payment for such month shall be prorated

G The AssociatIon shall have the optIOn to renew thIS Agreement, upon the terms and condItIOns mutually agreed to m wntmg by both partIes, by givmg the County notice of ItS electIOn not later than thIrty (30) days prIor to the exprratlon of the Imtlal term

ARTICLE IV. EXTRA DEPUTY

A. The County, by and through the Law Enforcement OffiCIal's Office, agrees to provide the ASSOCIatIonthree (3) Extra Deputy(ies), to devote mnety-five percent (95%) of hlslher WorkIng TIme to the Area. 1 The Extra Deputy shall perform hislher dutIes under thIS Agreement m a good and workJ.nan!tke manner and m full compliance With the approprIate Fort Bend County pohcles and the pohcles and procedures of the Law Enforcement Official's Office

B. The Law Enforcement OffiCIal, or hIS representative, shall endeavor to notify the ASSOCIationat least ten (10) days m advance of the vacatIOn tIme to be taken by an Extra Deputy

C The Law Enforcement OffiCIal, or hIS representatIve, shall endeavor to notify the ASSOCiatIOnas soon as pOSSIblewhen an Extra Deputy ISon SIck leave

D The Extra Deputy shall perform hlslher dutIes under thIS Agreement m the same manner as If the Extra Deputy were performmg the duties m the absence of an Agreement

E The Extra Deputy shall submit written copIes of any felony offense reports and subsequent copIes of mvestlgatlve reports to the Fort Bend County SherIff s Department I. In the event the Area ISwlthm the mcorporated hmitS of a mumclpahty, the Extra Deputy shall also submIt WrItten copIes of any felony offense reports and subsequent copIes of mvestlgatlve reports to the munIcIpal pohce department that serves the Area

Agreement For AddItIonal Law Enforcement ServIces Page - 3 F The Extra Deputy performmg the duties hereunder shall promptly notifY the Fort Bend County Sheriff s Department of the receipt and response to a complamt constitutmg a felony offense and on request shall secure and preserve the scene of the offense for a reasonable time untJi the amval of a representative of the Fort Bend County Sheriffs Department

ARTICLE V. AUTHORITY AND COUNTY'S PEROGATIVE TO APPOINT EXTRA DEPUTY

A It ISexpressly understood and agreed to by the parties that the Extra Deputy, If any, shall be subject to the control and supervision of the Law Enforcement OffiCial to the same extent as the Law Enforcement Official's other deputies, and that the Extra Deputy, If any, shaH have no duty or obhgatlOn to the ASSOCiatIOnor the reSidents of the Area other than those duties and obhgatlOns that the Law Enforcement OffiCial's deputies have to the pubhc generaHy

B The Law Enforcement Official hereby expressly retams fuH and complete authonty to supervise the Extra Deputy and, m an emergency, determmed solely at the Law Enforcement Official's discretion, may assign any Extra Deputy to dutIes other than those to be performed pursuant to this Agreement.

C It ISexpressly understood and agreed to by the parties that this Agreement ISnot mtended (nor shall It be construed) to obhgate the County and/or the Law Enforcement Official m any manner, whatsoever, to assign the Extra Deputy to devote any portIOn of hls/her Workmg Time to the Area I It ISexpressly understood and agreed to by the parties that a In the event the Law Enforcement OfficIal does not assign the Extra Deputy to devote substantially nmety-five percent (95%) of hls/her Workmg Time to the Area, b In the event the Extra Deputy IS removed from the Area by the Law Enforcement OffiCial, and/or C If for some other reason the Extra Deputy does not devote substantially mnety-five (95%) of his/her Workmg Time to the Area for the term of thiS Agreement, then and m that event, Fort Bend County shall have no hablhty whatsoever to the ASSOCiation and/or the reSident's of the Area, other than to pay the ASSOCiatIOnan appropnate refund, If any be due, as prOVided for herem

ARTICLE VI. COUNTY EMPLOYEES

A The Extra Deputy performmg duties under thiS Agreement shaH at aH times remam a county employee subject to the same nghts and responsibilities as the Law Enforcement Official's other deputies

Agreement For AddItIonal Law Enforcement Services Page - 4 B The County agrees that the Extra Deputy shall perform the services descnbed herem m a good and workmanlIke manner and m accordance wIth hls/her law enforcement knowledge and security procedures, proVided, however, that, while Fort Bend County shall be responsible for the acts and omiSSIOnsof ItS employees, such responsibilIty shall be subject to the terms, prOVlSlons and lImitatIOns of the ConstitutIOn and of the laws of the State of Texas and, partIcularly, TEX CIV PRAC & REM §IOI DOl, et seq, the Texas Tort Claims Act

C The County retams sole and mdependent authOrIty regardmg the hIrIng, diSCiplIne, and termmatlOn of the Extra Deputy

D The County retams sole and exclUSive ownership of any and aU uniforms, vehicles, eqUIpment, and/or any other personal property, regardless of whether purchased by the County, Association or Law Enforcement OffiCial, for use or m possessIOn of the Extra Deputy m performance of thiS Agreement I In the event that the ASSOCIatIonpurchases and/or provides any unlform(s), vehlcle(s), eqUIpment and/or other personal property to be used by the Extra Deputy, the Association hereby, permanently and Irrevocably, expressly donates Said unlform(s), vehlcle(s), eqUIpment and/or other personal property to the County

ARTICLE VII. INCREASES

A The ASSOCIatIOnagrees to pay any and all mcreases in the Extra Deputy's salary, allowances, benefits, etc that may occur dUrIng the term of thiS Agreement, mcludmg, but not lImited to' I Social SecUrIty, 2 Medicare, 3 Retirement, 4 Workers CompensatIOn/unemployment, S Health and Life Insurance, 6 Shift differential pay, 7 Hazardous duty pay, 8 Certification pay, 9 Death and Dismemberment Insurance; and/or

B Salary Upon thirty (30) days notice by the County to the ASSOCIatIOnof any such mcreases and/or additIOnal expenses (whether included on Exhibit "A" or not), the ASSOCIatIOnshall pay Said mcreased salary, allowances, benefits, additIOnal expenses etc , m accordance With the proVlSlOnscontained herem

Agreement For AddItional Law Enforcement ServIces Page - 5 ARTICLE VIII. PAYMENT BY ASSOCIATION

A All payments to Fort Bend County shall be remitted to the Office of the County Treasurer, 301 Jackson Street, 5th Floor, RIchmond, Texas 77469, AttentIOn The Honorable Kathy Hynson

B The AssocIatIOn agrees to pay Fort Bend County the sum of ONE HUNDRED FORTY- THREE THOUSAND EIGHTY-EIGHT AND 691100 DOLLARS ($143,088.69) ("Contract Amount") for three (3) Extra DeputY(les) to be used by Fort Bend County for the purpose of paymg mnety-five percent (95%) of the full-time eqUIvalent cost to the County for supplymg the additIOnal law enforcement servICes, mcludmg a three percent (3%) admmlstratlve fee, salary and any and all presently known additIOnal expenses the County currently plans to mcur m providmg such additIOnal law enforcement servICes, for a penod of one (1) year begmmng January I, 2001 See attached Exhibit "A", Contract Deputy Cost Worksheet for all presently known expenses L The Contract Amount shall be due and payable, WIthout demand, m twelve (12) equal monthly mstallments of $11,924 06 2 The first mstallment shall be due on January 1,2001 3 Each subsequent monthly installment shall be due and payable, Without demand, on or before the 1st day of each month, before 10 00 am CST, dunng the term of thiS Agreement

C The AssociatIOn hereby expressly agrees to pay for mnety-five percent (95%) of any and all expenses mcurred by the County for provldmg the services hereunder, regardless of whether said expenses are set forth m Exhibit A, mcludmg but not hmlted to, Extra Deputy umforms, eqUIpment, portable cellular phones, vehicles, vehicle mamtenance andlor vehICle appearance

D In the event that any additIOnal eqUIpment, mcludmg but not !Jmlted to vehicles, umforms, cellular phones, radiOS, etc, IS necessary to carry out the terms of thiS Agreement, the ASSOCIatIOn,at ItS optIOn, may purchase the eqUIpment and donate It to the County or the ASSOCIationmay proVide the County, m advance, With the funds and have the County purchase the eqUIpment I In the event that the ASSOCIatIOnpurchases the eqUIpment and donates It to the County, the eqUIpment must meet the County's standards and be approved by the Law Enforcement OffiCIal before bemg used by the Extra Deputy 2 In the event that the ASSOCiatIOndeSires to prOVidethe County With the funds, m advance, to purchase the eqUIpment, all County procedures must be followed 3 Regardless of which optIOn the ASSOCIatIOnchooses, the eqUIpment shall forever become and remam the sole property of the County and shall remam the sole property of the County, even upon termmation, for any reason, of thiS Agreement

E If any mstallment IS for a fractIOn of a contract month, the amount of such mstallment shall be appropnately prorated

Agreemenl For AddItIOnal Law Enforcement Services Page· 6 F It IS expressly understood and agreed to by the partIeS that If a payment due under the terms of thIS Agreement ISnot receIved by County wIth10 thIrty (30) days of the due date, the County ISauthonzed to tenmnate thIS Agreement WIthout further notIce 1 FaIlure of County to make demand for payments due shall not be a WaIver of AssociatIOn's oblIgatIOns to make timely payments

ARTICLE IX. REFUND

A In the event that the Extra Deputy does not devote substantIally mnety-five percent (95%) of hIslher WorkIng Time to the Area during the term of thiS Agreement, then the Association IS oblIgated to pay the County only a proportIOnate amount of the Contract Amount

B In the event the amount paId by the ASSOCiatIOnto the County exceeds said proportIOnate amount, the ASSOCiatIOnshall be entitled to a refund from the County of any excess amount so paId. 1 Tlus proportionate amount IS calculated by dlvId10g the Contract Amount by the number of Extra DeputIes agreed to 10 ArtIcle IV(A) to determIne the rate per Extra Deputy, then determm10g for each of the Extra DeputIes the fractIOn of the term (or penod of thIS Agreement) that such Extra Deputy devoted substantIally mnety-five percent (95%) of hlslher Work1OgTime to the Area, then calculatIng the appropnate amount for each of the Extra Deputies by applY10g luslher fractIOn to tiIe above-mentIOned rate per Extra Deputy, then takIng the sum of the appropriate amounts, said sum be10g the proportIonate amount

C Any and all questIOns as to I. Whether the Extra Deputy devoted substantIally mnety-five percent (95%) of hIslher Work1OgTime to the Area, 2 Whether any refund ISdue, and/or 3 The amount of any refund due, shall be determ10ed by the Fort Bend County AudItor and hlslher determ1OatlOn shall be final, conclUSIve and b1Od1Ogon the parties

ARTICLE X. ASSIGNMENTS

A. ThIs Agreement ISnot assIgnable

ARTICLE XI. INDEMNITY AND HOLD HARMLESS

Agreement For AdditIOnal Law Enforcement ServIces Page·7 SERVANTS FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, ATTORNEY'S FEES, COSTS, AND/OR INJURIES, INCLUDING DEATH, THAT THE ASSOCIATION, ITS HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES MAY SUSTAIN AND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY OUT OF THE COUNTY'S, LAW ENFORCEMENT OFFICIAL'S AND/OR EXTRA DEPUTY'S PERFORMANCE PURSUANT TO THIS AGREEMENT.

ARTICLE XII. SEVERABILITY

A The provisions of this Agreement are severable, and If any word, phrase, clause, sentence, paragraph, sectIOn or other part of this Agreement or the application thereof, to any person or circumstance, shall ever be held by any court or regulatory authonty of competent junsdictlOn, to be Invalid, Illegal or unconstitutIOnal for any reason, the remainder of thiS Agreement shall not be affected thereby, unless, In the sole opInIOn of the County, the purposes ofthls Agreement have been rendered useless

ARTICLE XIII. ENTIRE AGREEMENT; REQUIREMENT OF A WRITING

A It IS understood and agreed to by the parties that the entire Agreement of the parties IS contamed herein and In the attached Exhibit "A" and that thiS Agreement supersedes all pnor communicatIOns and negotiatIOns between the parties, oral or written, relatIng to the subject matter hereof as well as any prevIOus Agreements presently In effect between the parties relatmg to the subject mater hereof

B Any modificatIOns, alteratIOns, amendments, deletIOns, or waivers of the proVISIOnsof tlus Agreement shall be valId only when expressed In wrltmg and duly Signed by the parties.

ARTICLE XIV. NOTICE

A Any notice reqUired or penmtted under tlus Agreement shall be sent, postage prepaid, certified or registered mall, or delivered In person or by faCSimile, With venficatlOn, as follows.

To the County Fort Bend County Judge James C Adolphus 301 Jackson, SUite 719 Richmond, Texas 77469

To the ASSOCiation New Terntory ReSidential Community Association 6101 Homeward Way Sugar Land, Texas 77479

Agreement For AdditIOnal Law Enforcement Services Page - 8 B Either party may designate a different address by gIVIng at least ten (10) days written notice to the other party m the manner provided above

ARTICLE XV. THIRD PARTY APPROVAL MAYBE REQUIRED

A In the event that the Area lies wlthm the corporate limits of any mcorporated City, It IS understood and agreed to by the parties that pursuant to SectIOn 351 067, Texas Local Government Code, thiS Agreement ISsubject to the approval (or the failure to disapprove) of the govermng body of the mcorporated city ("City") wlthm which corporate limits the Area lIes.

B Such approval (or failure to disapprove) must occur by the 30th day after the date thiS Agreement ISreceived by the City

C It IS further understood and agreed to by the parties that, upon thirty (30) days written notIce from the City to the County, thiS approval may be withdrawn and, thereby, thiS Agreement termmated

ARTICLE XVI. EXECUTION

IN WITNESS WHEREOF, the parties put their hands to thiS Agreement on the dates mdicated below, but effective January 1,2001

"The e<0'o< ( \ ~ \d.\)oQ Date

DSH new temtory 2001 3042 11129/2000

Agreemenl For Addtttonal Law Enforcemenl Servtces Page· 9 NEW TERRITORY - 2001 Contract Deputy Cost Worksheet

3 Deputies / 120 Hours

Personnel Cost 0110112001 thru 12/31/2001

Corporal Deputy (Grade 8 Step 6) $ 37,53000 Deputy Deputy (Grade 7 Step 3) $ 30,34000 Deputy Deputy (Grade 7 Step 2) $ 29.24000

Salaries $ 97,110.00

Hazardous Duty Pay (all deputIes) $ 3,52350

Longevity $ 70500 $ 101,33850

Social Secunty (7.65%) $ 7,75240

RetIrement (l0 49%) $ 10,63041

Group Insurance ($4,500) $ 13,50000

Workers' Comp /Unemployment (0 85%) $ 86138

Total Salary and Fringes per pay period $ 5,137.27

Total S&F x 26.1 pay periods $ 134,082.69

Umfonns $ 1,65000

Portable RadiO $

Gas, Oil & Mamtenance (based on 25,000 miles) $ 10,50000

TOTAL COST $ 146,232.69

CommunIty AssociatIOn Cost (95%) $ 138,92106 Plus 3% Adrmmstratlve Fee 4,16763

Total Cost of Contract to Subdivision $ 143,088.69

MONTHLY PAYMENTS: $ 11,924.06

Order Authorlzmg ExecutIon of Agreement For AdditIOnal Law Enforcement ServIces Solo Page FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FOR~ f r ,,- ~ RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE iDEe 1 8 2000

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DATE SUBMITTED ---,1~2/",O-",6/-"OO,,- _ SUBMITTED BY.~c""o",u",nt!.Ly-"A,-,tt",o"",rn,,,e'"-Y ~~q AGENDADATE_~12~/1~2~m~o~ __ PHONE NO.' 281-341-4555

SUMMARY OF ITEM: Deliberate and take action on proposed Oil, Gas and Mineral Lease between Fort Bend County and Yuma Exploration and Production Company, Inc.

RENEWAL CONTRACT/AGREEMENT Yes () No ( x )

LIST SUPPORTING DOCUMENTS ATTACHED: yes (Back-up documentatIOn must be attached for conSIderatIOn)

FINANCIAL SUMMARY:

BUDGETED ITEM. ANNUALIZED DOLLARS COMMENTS Yes( ) No( ) N/A( ) OneTime ( )

FUNDING SOURCE. Recurrmg ( ) Fund__ Agcy,__ Object __ N/A ( )

Original form submitted with back up to County Judge's Office: Yes: ( X )

Instructions for submitting an Agenda Regnest: I Completely fill out agenda form, mcomplete forms wIll not be processed 2 Fax or mter-office copIes of agenda form WIth all back-up mformatIon by Wednesday at 2 00 P ill to the departments lIsted above 3 All ongmal back-up must be receIved m the County Judge's Office by 2 00 P ill on Wednesday

RECOMMENDATION I ACTION REQUESTED: Producers 88 (7 69) I'lud Up °POUND PRINTING &. STATIONERY COMPANY Wllh 640 Acres Poolmg ProvISIon 4703 C RICHMOND HOUSTON TEXAS 77027 (713) SS29797

EXHIBIT A OIL, GAS AND MINERAL LEASE

THIS AGREEMENT made thiS 2nd day of August 2000 , between Fort Bend County

1=0, (wheth" 00' 0' mo.. ). who," add.. "" 309 S 4th Street, SUIte 719, RIchmond, Texas 77469 and Yuma ExplorallOnand Producllon Company, Inc , 1177 W Loop South, SUlle1825,Houston, Tx. 77027 . Lo''''' WITNESSETH I Lo,so' ... con,," .. ,,"n of Ten Dollars and No/lOa ann Other Valu.hle Corslderahon Dolbn.-,pt of which IS hereby acknowledged, and of the covenants and agreements of lessee heremal'fer contained. dOes nereoy gran • Tease arfdTer unto lessee the land covered hereby for the purposes and With the exclUSive nghl of explonng. dnlhng, miRIng and operabn~ for, producmg and ownmg od, gas. sulphur and all other m10etals (whether or not sundar 10 those mentioned), together With the nght 10 make surveys on said land. lay pipe hnes. estabhsh and ubhze facilities for surface or subsurface disposal of salt water. construct roads and bndges, dIg canals. build tanks. power stahons. telephone hnes. employee houses and other structures on SAid land, necessary or useful m lessee's operatlons m exploring, dnlhng for. producmg. treatmg. slorlng and transportlftg nunerals produced from the land covered hereby or any other land adjacent thereto The land covered hereby, herelft called "said land", 15 located m the County of Fort Bend . State of Texas ' and IS descnbed as follows

32 70 acres ofland, more or less, out of the Wtlham Morton League, A-62 and the Jane WIlkms League, A- 96. Fort Bend County, Texas, bemg the same land descnbed m that certam deed dated July 16. 1912, from Board of Pnson CommISSIOners to County of Fort Bend, of record m Volume 63, Page 203. of the Deed Records of Fort Bend County, Texas

For addItIonal provlSlons see "ADDENDUM" attached hereto and made a part hereof

11ns lease also covers and mcludes, m addlhon 10 that abave descnbed. aU land. If any. contiguous or adjacent 10 or adjOIning lile land above deSCribed and (a) owned or clauned by lessor by hnlltatlon, prescnptlon. possession, reversIOn or unrecorded mslmment or (b) as to which lessor has a preference nght of acqUISItion Lessor agrees to execute any supplemenlal IRStJument requested by lessee for a more complete or accurate descnptlOD of satd land For the purpo$C of detemuRlog the amount of any bonus or other payment hereunder. satd land shall be deemed to contam 32 70 acres, whether actually contamtng more or less. and the above recital of acreage ID any tm:t shall be deemed 10 be the true acmtge thereof Lessor accepts the bonus as lump sum conSideration for thiS lease and all nghts and optIons hereunder 2 Unless sooner tenmnated or longer kept 1ft force under other proviSions hereof. thiS lease shall remam m force for a tenn of ten (10) years from the date hereof. hereinafter called "pnmary term". and as long thereafter as operations, as heremafter defined. are conducted upon said land wuh no cessation for more than Dlnety (90) consecutIVe days 3 As royalty. lessee covenants and agrees (a) 1b deliver 10 the cm;ht of lessor. IR the pipe hne 10 wh.tch lessee may connect Its wells. the equal one-elghth part of all 011 produced and saved by lessee from satd land, or from bme 10 tune. at the option of lessee, to pay lessor the average posted market pnee of such Onc-Cighth part of such od at the wells as of the day It IS run 10 the pipe hne or storage tanks. lessor's mterest, In either case. 10 bear one-elghth of the cost of trealmg 011 to render It marketable pipe hoe 011, (b) 1b pay lessor on gas and casinghead gas produced from SBId land (I) when sold by lessee. one-elghth of the amount reahzed by lessee. computed at the mouth of the well. or (2) when used by lessee off wd land or m the manufacture of gasolme or other products, the market value, at the mouth of the well, of one-elghth of such gas and CBSmghead gas, (c) 1b pay lessor on all other nunemls muted and marketed or utlhzed by lessee from S81d land. one-tenth either m kind or value al the well or nune at lessee's electIOn. e~ that on sulphur mmed and marketed the royalty shall be one dollar ($1 00) per long ton If. at the expuabon of the pnmary term or at any time or tunes thereafter. there IS any well on S81d land or on lands With which said land or any portion thereof has been pooled, capable of producmg od or gas, and all such wells are shuHn, thiS lease shall. nevertheless. conlmue 1ft force as though operations were bemg conducted on S81d land for so long as said wells are Shut-IDS, and thereAfter thiS lease may be cnntlftued In furce as If no shut-m had occurred Lessee COYenants and agrees 10 use reasonable diligence to f,roduce, utilize, or market the D1uleralS capable of bel~ produced from said wells, but 1ft the exercIse of such diligence. lessee shall not be obligated 10 mstall or furnish faCI Itles other than well faclhtles and onbnary lease faCIlities of flow lines. separalor. and lease tank. and shall not be reqUIred to settle labor trouble or 10 market gas upon terms unacceptable to lessee If. at any time or times after the explrahon of the pnmary tenn, all such wells are shut-m for a penod of Rlnely consecutive days. and dunng such time there are no operations on said land. then at or before the expiration of said nIDety day penod. lessee shall pay or tender, by check or draft of lessee. as royalty. a sum e

Tax I D # LESSOR ss ORTAXID NO LESSOR SS OR TAX ID NO ACKNOWLEDGI!MENT STATE OF COUNTY OF ThIS mstrument was acknowledged before me on the /;l,. day of 1>l!.c:.... fll.tl ... r , aiIIooo , by ~j)af!.uJ ~. ANN WERLEI" Notary Public, State of Thus NOTARY PUBLIC Notary'. name (pnnted) "*~* State of T8lUl8 ~ comm. Exp. 02-24-2003 Notary's comnusslon expires ~Of ~ ACKNOWLEDGI!MENT STATE OF COUNTY OF ThiS IDstrument was acknowledged before me on the day of • 19 by

Notary Public, State of Thus Notary'. name (pnnted)

Notary's comnusslon expnes CORPORATE ACKNOWLEDGI!MENT STATE OF COUNTY OF This instrument was acknowledged before me on the day of , 19 by of a corporation, on behalf of said corporation

Notary Pubbc, Slate of TelW Notary'. name (printed)

Notary's COnumSSIOD expll'CS ADDENDUM

To OI!, Gas, and Mmeral Lease dated \JeC \ 'd.. , 2000, from FORT BEND COUNTY, Lessor, to YUMA EXPLORATION AND PRODUCTION COMPANY, INC, Lessee, covenng 32 70 acres, more or less, m Fort Bend County, Texas.

If there is a conflict between this Addendum and Exhibit "A", the provisions of this Addendum shall prevail.

12 Notwlthstandmg paragraph 2 ofthe pflnted form of this lease, the pnmary term of this lease shall be for a term of three (3) years from the date of this lease

13 This lease covers only 011,gas and mmerals produced m assoclatton with 011and gas, and Lessor excepts from this lease and reserves all other mmerals of every kmd and character m, on or under the leased premises, together with the fight to use such land for the purposes of mvesttgatmg, explormg, producmg, savmg, owning and disposmg of saId other matenals

14. Notwlthstandmg anythmg contamed herem to the contrary, Lessor, for conslderatton and subject to reservatIOns from and excepttons to conveyance, grants and leases to Lessee the mterest without express or Imphed warranty and all warranties that might anse by common law and the warranties of §5.023 of the Texas Property Code (or Its successor) are excluded.

13 Anythmg contamed herem to the contrary notwithstanding, the Lessee will not conduct any operations of any kmd whatsoever on the surface of the land descnbed herem (mcludmg by way to descnptton, and not hmltatlOn, the laymg of any pipehne of any kmd or character, or placement of any roads thereon, board or otherwise); It bemg contemplated that the development of mmerals hereunder may be accomphshed by poohng the same with other land, lease or leases, m the Immediate vlcmlty thereof as herem prOVided, or by dlfecttonal dnlhng methods from another tract, but nothmg contamed herem wIll depnve Lessee of ItSfight to dIrectlOnally dflll this property or land pooled thereWith, and Lessee IS hereby granted the nght to dnll a dlrecttonal hole, to be bottomed on other lands, throughout and under the property descnbed heremabove.

14 Notwlthstandmg anythmg contamed herem to the contrary, wherever the fractIOn "one- eighth" (1/8) appears m thiS 011, Gas and Mmeral Lease, the fractIOn "one-fourth" (1/4) shall be subStituted therefore

15 In the event a portIOn or portIOns of said land are pooled or unitized with other land so as to form a pooled UnIt or UnIts, operatIOns on, completion of a well upon, or production from such UnIt or UnIts Will not mamtam thiS Lease m force as to that portIOn or portIOns of said land not mcluded m such UnIt or UnIts The Lease may be mamtamed m force as to any portion of said land covered hereby and not mcludmg m such UnIt m any other manner proVided herem

16 Notwithstanding any other proVision of thiS lease, thiS lease IS granted solely for the purpose of mmmg, producmg and developmg 011,gas, hqUid or hqUifiable hydrocarbons and their by-products, and no other mmeral substances

17. Anythmg to the contrary notwlthstandmg, thiS lease cannot be held, mamtained or extended under and by virtue of the shut-m gas proVISIOnsof thiS lease for a longer term beyond the pnmary term than three consecutive years Immediately thereafter or for shorter terms at vanous Intervals not to exceed m the aggregate three years m all

18. At the end of three (3) years after the expiratIOn of the primary term, thiS lease Will termmate as to all depths and strata below 100 feet below the strata graphic eqUivalent depth from which productIOn IS bemg mamtamed from the deepest producmg or shut-m

Page 1 of3 well located on land pooled with the lease premises or the producmg mterval of any well bore which ISlocated on the leased lands

19 The Lessee will not have the right to use the surface or mmeral estate for underground storage of any substance or matenal or for the disposal of any waste matenaL

20. No assignment of this lease, 10 whole or part, by Lessee shall be effective until consent of such assignment ISrequested of an consented to by Lessor.

21. Lessee shall mdemmfy and hold Lessor harmless from and agamst all claims, actIons, liability, loss, damage or expense of every kind and nature, mcludIng but not limited to costs for damage to property of any person, firm or corporatIOn or for any mJury to or death of any person, mcludmg, but not limited to, the employees of Lessee, ItS successors, assigns, contractors or subcontractors, which may, in whole or 10 part, be caused by or anse out of operatIons conducted hereunder or the enjoyment of thIS lease of the exercise of any nght granted hereunder or any oblIgatIOn Imposed hereby

22 The partIes agree that under the ConstItutIOn and laws of the State of Texas, Fort Bend County cannot enter Into an agreement whereby Fort Bend County agrees to Indemmfy or hold harmless another party, therefore, all references of any kmd, If any, to Lessor mdemnifying or holding or savmg harmless for any reason are hereby deleted.

23. NotWithstandIng anythIng to the contrary, It IS agreed and understood that Lessee herem shall not use any of the land covered by thiS lease for the purpose of dnllIng

24 NotwIthstandIng any proVISIOn10 this Lease to the contrary, the proVISIOnsIn thiS Lease coverIng the SItuatIOnpermlttmg the payment of shut-in royalty where 011or gas from a well ISnot beIng sold or used should be applicable only for a term not to exceed thirty-SIX (36) months 10 aggregate after the termmatIon of the pnmary of the lease, and 10 no event can Lessee keep this Lease In force and effect by VIrtue of those shut-m royalty prOVISIOnsalone beyond said penod of thirty-SIX (36) months 10 aggregate after the end of the pnmary term.

25. ThiS Agreement shall be construed under and m accord With the laws of the State of Texas, and all oblIgatIOns of the parties created hereunder are performable m Fort Bend County, Texas

26 In the event of one or more of the prOVISIOnscontamed m this Agreement shall for any reason be held to be mvalId, Illegal or unenforceable m any respect, such mvalidlty, IllegalIty, or unenforceablIlIty shall not affect any other proVISIOn hereof and thiS agreement shall be construed as If such mvalId, Illegal, or unenforceable provlSlon had never been contamed herem

27. Yuma Exploration and ProductIon Company, Inc shall comply with all applIcable laws, ordmances and codes of the State of Texas, all local governments, and any other entItIes with local JUrIsdictIOn.

28 The waiver by either party of a breach of any proVISIOnof thiS agreement shall not operate as or be construed as a waIVer of any subsequent breach

29 Any amendments of thIS agreement shall be of no effect unless 10 wrItmg and Signed by both parties hereto

30 If there IS a contllct between thiS Addendum and Exhibit "A", the proVISIOnsof the Addendum shall prevail

31 Upon termmatIon of thiS lease as to all or any part of the leased premises, Lessee agrees to delIver to Lessor, upon request, an executed and acknowledged release of the lands at to whIch thiS lease has termmated

Page 2 of3 IN WITNESS WHEREOF, the parties put thelf hands to this Addendum on the dates Indicated below

By. , County Judge

MER Addendum-Oil/Gas 3571 (120600)

Page 3 of3 FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED' 12/03/00 SUBMITTED BY: Ann Werlem AGENDA DEPARTMENT: County Judge ITEM COURT AGENDA DATE: 12/12/00 PHONE NO.: # \\)~

SUMMARY OF ITEM: Approve total payments of $48,011.99 to Slgnaltron, Inc. for mstallatlOn and materials of wiring the Rosenberg Annex

RENEWAL CONTRACT/AGREEMENT Yes () No (V')

LIST SUPPORTING DOCUMENTS ATTACHED'

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Yes (v') No 0 N/A 0 One Time ()

Fundmg Source: Fund 252 Agency 045 Object 7015 N/A 0

Original Form Submitted with back up to County Judge's Office: Yes ()

CC with back up: yes ( ,()Auditor (281-341-3774) yes ( ,()Comm. Pet. 1 (281-342-0587) yes ( ,()Budget Officer (281-344-3954) yes ( ,()Comm. Pet. 2 (281-403-8009) yes ( ,()County Attorney (281-341-4557) yes ( ,()Comm. Pet. 3 (281-242-9060) yes ( '()Purchasing Agent (281-341-8642) yes ( ,()Comm. Pet. 4 (281-980-9077) yes ( v')County Clerk (281-341-8697)

InstructIOns for subm.ttmg an Agenda Request·

I Completely fill out agenda form, mcomplete forms wIll not be processed. 2. Fax or mter-office cop.es of agenda form with all back up mformatlOn by Wednesday at 2:00 p.m. to the departments hsted above. 3. All orlgmal back-up must be received 10 the County Judges Office by 2:00 p.m. on Wednesday.

RECOMMENDATION I ACTION REQUESTED: FORT BEND COUNTY, TEXAS PURCHASE ORDER PO NUMBER PC 03600006143 ", AS PER ORIGlNAI.. ~ i- ,.... ~ IIt· " .. SPECIAL INSTRUCTIONS PAGE> 01 , \ OCT 2 6 2000 POD~E 10 04 2000 PARTIAL I

'I ! t~·_...~~~:..,----..-'~-> -"~ DELIVER BY 10 30 2000' ~,'" BUYER CONFIRMING FOB 01 DEB8IE KAMINSKI NO D VENDOR SHIP TO, COUNTY JUDGE 760187543 - 309 S 4TH STREET. 7TH FLOOR SIGNAL TRON. HIC RICHMOND TX 77469 5611 HOOVER BILL TO COUNTY JUDGE HOUSTON TX 77092 301 JACKSON l,IARRENWILSON RICHMOND TX 77406-0368

'*NOTE•• THIS Q~OER WAS MODIFIED ON 10/25/2000

DESCRIPTION QUANTITY UNIT CQST EXTENDED COST 101 204 1.000 EA i 88,652.180000 88,652.16 '52 045 2027 2000 7015 01 'OICE ANO DATA CABLING PER BID #00-059 APPROVED COMMISSIONERS' COURT 9/19/00 REVISED BID APPROVED COMMISSIONERS COURT.I0/3/00 ~- ...... ~..-, _ • • .. " ' ... C"" ~,~ '. ... - r - .. " CHANGE ORDER #1 = $5552.56 APPROVED COMMISSIONERS COURT 10/24/00 CHANGE ORDER ~2 = $1818.66 APPROVEO COMMiSSIONERS COURT 10/24/00

..J-.f\"C,c.e (011- lloD I I-fo, !D ,+0 .77 /077 - /(."c.. I, 'il'i ~(,. /011- /1,,<.1 5 '5'5:J.. 5"(., I

~"i,6/1 <7'7 PAGE TOTAL : 88,652.18 GRANO TOTAL : 88,652.78

BY MY SIGNATURE I ATTEST THE ITEMS ON THIS ORDER HA\IE BEEN RECEIVED AND THAT ALL ITEMS MEET SPECIFICATIONS

~T\JRE OF PURCHASING AGENT

FORM 1074 (MAY 92) RECEIVING REPORT Invoice

October 27, 2000 - Summa~ CONTRACT _-lGNALTRON"Nc. Invoice # 1077-1667 5611 HOOVER HOUSTON, TX 77092 SP W WILSON TEL:713/957-8866 FAX 713/957-1236 Due D"te 11/27/2000 P 0 # 3600006143 Bill To: Job Name: Fort Bend County, MIS Fort Bend County, MIS Attn Accounts Payable Connie Heinecke 500 Liberty St, Room #212 4520 Reading Rd Richmond, TX 77469 Rosenberg, TX 77471

281-341-4570 Job Tel 281-341-4570

Item Code Descnptlon HrslQty Pnce Amount

> 10/16/00 ~O~ 3:47 PM> Refer to origlnal project 1077-974, c~ange order # 1: lnstall celling hangers In the Rosenberg Annex. QU/WEW Purchase Order ~o. 3600006143 Re: ProJec~ No. L077-97~ Change Order 1 M-MATERIALS INSTALLATION MATERIA ,.., 100 46240 46240 L-LABOR INSTALLATION LABOR ~@~OW~ 0 1 00 5090 16 509016 ill NOlf - 3 2000 OOi

MA~AGEMENT l~fO SiSTEMS

Matenal Labor Subtotal Total

46240 5090 16 555256 $5,55256

All matenalls guaranteed to be as sp~ I>J. wori< to be completed III a profesSlOnal manner accord,ng to standard praellces Ant a!era1lon or __ from above specrlieatJons IIM:lMng extra costs WIDbe executed only upon 'Nritten orders and wi become an extra Co'1ar;eover and above the estImate An agreements contll1genl upon detrys beor'nd OU' COltrOl Purchaser agrees to P"'I aft costs of conectlon, ,ncluding attomey's f~s

Terms Net30 THANK YOU FOR CHOOSING SIGNALTRON WE APPRECIATE YOUR BUSINESS' Invoice

October 27, 2000 Summary CONTRACT --IGNALTRON"NC. Invoice # 1077·1666 SP W WILSON 5611 HOOVER HOUSTON. TX 77092 DUll DalQ 1112712000 TEL'713/957-8866 FAX 713/957-1236 P 0 # 3600006143

Bill To. Job Name. Fort Bend County, MIS Fort Bend County, MIS Attn Accounts Payable Connie Heinecke 500 Liberty St , Room #212 4520 Reading Rd Richmond, TX 77469 Rosenberg, TX 77471

281·341-4570 Job Tel 281-341-4570

ltemCode Descnptlon Hrs/Qty Price Amount

> 10/16/00 MON 3:50 PM> Refer to orlglnal proJect # 1077-974, change order # 2: lilS"a:: (9) celling mount speakers. Qu/W2W

Purchase Order ~c. 3500006143 Re: Projec~ No. ~077-974 Change Order #2 M·MATERIALS INSTALLATION MATERIALS 100 65610 65610 L-LABOR INSTALLATION LABOR 116256 116256

Total Material Labor Subtotal $1,81866 65610 116250 181866

AllmalenallS guaranteed 10 be as speat\eJ, WOans IMlMng extra cost. wm be executed only upon wntten ~ and M beeome an exlra charge rNef and a!>aYethe estlmale All agreemenl. conlmgenl upon delays beyood 01.1' _ POJfC!l:l.... a~ 10 pay al casts of co~ecl,on, mcluding altomey. fee.

Terms. Net 30 THANK YOU FOR CHOOSING SIGNAL TRON WE APPRECIATE YOUR BUSINESS' Invoice

October 23, 2000 - Summary CONTRACT -IGNA LTRON,INC. Invoice # 1077·1601 5611 HOOVER HOUSTON, TX 77092 SP W WILSON TEL:713/957-8866 FAX.713/957·1236 Due Date 1112212000 P 0 # 3600006143

Bill To: Job Name. Fort Send County, MIS Fort Bend County, MIS Attn Accounts Payable Connie Heinecke 500 liberty St, Room #212 4520 Reading Road Richmond, TX 77469 Rosenberg, TX 77471

281-341--4570 Job Tel 281-341-4570

Item Code Descnptlon Hrs/Qty Price Amount

Purcha~e Order No. 03600006143 Re: Projec~ No. :077-974 Cabl~ng ~s ~nsLalled Now b~ll~ng for 50% of the Or~g~nal Contract Amount ($81,281. 56) M-MATERIAL INsrALLATlONMATERIAL 100 2007663 2007663 L-LABOR INsrALLATlONLABOR 100 1957:3 12 1957312

a-OTHER PERFORMANCEBOND 1,00 99102 99102 Model # INSTALLATION

,,- -

Matenal Labor Other Subtotal Total

2007663 1957312 99102 4064077 $40,64077

All matenalls guaranteed to be as speafied All wor1< to be completed WI a profesSlOnal manner according to standard prac!lces Mt deration or deoJlatIon from above specdicatIons ",",olvlng extra costs WIll be executed only upon wntten OrdOfS and WIll become an exira charge emr and above the estJmale All agreements conlingent upon delays b"fOnd cur contrcl Purchaser agrees to pay an costs of collectIon, mcluding atlorney'S fees

Terms' Net 30 THANK YOU FOR CHOOSING SIGNAL TRON WE APPRECIATE YOUR BUSINESS' FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO. AGENDA COORD -COUNTY JUDGE'S OFFICE

DATE SUBMITTED: 12/03/00 SUBMITTED BY: Ann Werlem AGENDA DEPARTMENT: County Judge ITEM D.. COURT AGENDA DATE' 12/12/00 PHONENO: # \OV

SUMMARY OF ITEM: Approve FIrst and ThIrd quarter payments totalIng $13,055.57 to Vertex for 15 5% of grants receIVed by Fort Bend Count~ WIththeir assistance.

RENEWAL CONTRACT/AGREEMENT: Yes() No(")

LIST SUPPORTING DOCUMENTS ATTACHED:

FINANCIAL SUMMARY:

BUDGETED ITEM. ANNUALIZED DOLLARS: COMMENTS:

Yes (,,) No 0 N/A 0 One TIme ()

Fundmg Source Recurrmg (,,) Fund 001 Ageocy 045 Object 4010 N/A 0

Original Form Submitted with back up to County Judge's Office: Yes ()

CC with back up: yes ( ,()Auditor (281-341-3774) yes ( ,()Comm. Pet. 1 (281-342-0587) yes ( ,()Budget Officer (281-344-3954) yes ( ,()Comm. Pet. 2 (281-403-8009) yes ( ,()County Attorney (281-341-4557) yes ( ,()Comm. Pet. 3 (281-242-9060) yes ( ,()Purehasing Agent (281-341-8642) yes ( ,()Comm. Pet. 4 (281-980-9077) yes ( ")County Clerk (281-341-8697)

InstructIOns for submlttmg an Agenda Request·

I. Completel) fill out agenda form, mcomplete forms ,,,II not be processed. 2 Fax or mter-office COpiesof agenda form Withall back up mformatlOn by Wednesday at 2 00 p.m. to the departments lIsted abo' e. 3 All orlgmal back-up must be received m the County Judges Office by 2 00 p.m. on Wednesday

RECOMMENDATION I ACTION REQUESTED: FORT BEND COUNTY AUDITOR County Auditor Form 1016 ACCOUNTS PAYABLE INVOICE TRANSMITTAL (Rev 03197)

010-045-0450-4010

75-2575688

Tx 75234 1210612000

VI-E Administration Claim 1st Quarter 6,331 29 VI-E Administration Claim 3rd Quarter 6,72428

~ 13,055.57 Invoice VERTEX InvOiceNumber' 2010 Valley V~ew Ln 2001195 Su~te 300 Dallas, TX 75234 InVOlceDate 11/30/00 VOice 972-406-3700 Page Fax 972-406-3756 1 C~ (I' 15 fq ,e: ,\J; ~- I, :\", ,I, I '1, I ' SoldTo FORT BEND COUNTY AUDITORS OFFICE 301 JACKSON, STE, 719 RICHMOND, TX 77469

Customer 10 FORT BEND COUNTY

Customer PO Payment Terms SalesRep 1D Due Date Net Due THOMPSON, A S. 12/30/00

DeSCription Amount _~ ~ort Bend County lQ 2000 IV-E Adm~nlstratlve Cla~m 6,331.29 I ~28,778.6l x 22% jFort Bend County 3Q 2000 IV-E A~~~n~stratlve Clalm 6,724.28 ~43,382 48 x 15.5%

Subtotal 13,055 57 SalesTax TotalInVOiceAmount 13,055.57 Check No Payment Received TOTAL 13,855.57 VERTEX FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED: December 7, 2000 SUBMITTED BY: Mandi Bronsell AGENDA DEPARTMENT: County Judge ITEM 0 COURT AGENDA DATE: December 12, 2000 PHONE NO.: 281-341-8607 #/ ~4D

SUMMARY OF ITEM: A. Approve Commissioner Court Dates for Year 2001. B. Name new Court Rooms for 400tb District Court and CCL #4

RENEWAL CONTRACT/AGREEMENT: Ycs () No (x )

LIST SUPPORTING DOCUMENTS ATTACHED: Recommend by County Attorney Bud Childers

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Yes () No () N/A (x ) OneTime ( )

Funding Source: Recurring ( ) fund agcy Object N/A ( )

Original Form Submitted with back up to County Judge's Office: Yes (x)

CC with back up: yes (x)Auditor (281-341-3774) yes (x) Comm. Pet. 1 (281-342-0587) yes (x)Budget Officer (281-344-3954) yes (x) Comm. Pet. 2(281-403-8009) yes (x)County Attorney (281-341-4557) yes (x) Comm. Pet. 3(281-242-9060) yes (x)Purchasing Agent (281-341-8642) yes (x) Comm. Pet. 4 (281-980-9077) yes (x )County Clerk (281-341-8697)

Instructions for submitting an Agenda Request:

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 information by Wednesday at 2:00 p.m. to the departments listed above. J. All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.

RECOMMENDATION I ACTION REQUESTED: FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO. AGENDA COO RD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED: 12/05/00 SUBMITTED BY: County Attorney AGENDA DEPARTMENT: DlStnct Attorney ITEM COURT AGENDA DATE: 12/12/00 PHONE NO.: 4556 #UA-

SUMMARY OF ITEM: DIscuss and take appropriate action on Renewal Agreement between Fort Bend County and Crime Victim Alliance.

RENEWAL CONTRACT/AGREEMENT' Yes (X) No ( ) LIST SUPPORTING DOCUMENTS ATTACHED YES

FINANCIAL SUMMARY: BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Ves () No() N/A () OneTIme ()

Fundmg Source Recurring () fund agcy Object N/A () Original Form Submitted with back up to County Judge's Office: Yes ()

CC with back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-0587) yes ( ) Budget Office r (281-344-3954) yes () Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697) yes 0 John Healey, District Attorney yes ( ) InstructIOns for submlttmg an Agenda Request:

I. Completely fill out agenda form, mcomplete forms will not be processed. 2. Fax or mter-office copIes of agenda form WIthall back up mformatJon by Wednesday at 2 00 P m to the departments hsted above 3. All ongmal back-up must be receIved 10 the County Judges Office by 2'00 p.m. on Wednesday

RECOMMENDATION / ACTION REQUESTED: THE STATE OF TEXAS §

COUNTY OF FORT BEND §

AGREEMENT BETWEEN FORT BEND COUNTY AND CRIME VICTIM ALLIANCE TIDS AGREEMENT, entered Into by and between Fort Bend County, a body corporate and polItIC, acting herein by and through Its Commissioners' Court (hereinafter referred to as "County"), and Cnme Victim Alhance, a Texas non-profit corporatIon (hereinafter referred to as "CVA") WITNESSETH: THAT WHEREAS, the County has Identified an unmet service need for Cnme V!CtIms In the Couuty, and, WHEREAS, CV A prOVides publIc educatIOn related programs for the assistance of cnme ViCtImS, and, WHEREAS, the County deSires to contract With CVA to prOVidesupport to VIctims In Fort Bend County, and WHEREAS, CV A ISprepared to proVide the Couuty With such services, NOW THEREFORE, In conSideration of the mutual promises and covenants of the partIes reCited herein, the parties agree that the follOWing wIll apply I. PAYMENT 1.01 The County agrees to pay CVA the sum of TWENTY-SIX THOUSAND THREE HUNDRED SEVENTY-EIGHT AND 57/100 DOLLARS ($26,378.57). 1.02 The payment reCited In 1 01 above, wIll cover the proVISion by CVA of the services descnbed below to the County for the penod of January 1, 2001 through December 31,2001, and shall be paid to CV A upon executIOn of the Agreement n. SERVICES 2.01 CVA wIll prOVidethe follOWing servIces for the term of this Agreement In exchange for the County's payment ProfeSSional tralnmg as requested by law enforcement, members of the legal and medical commuDlty and others,

2 Development of collaboratIve projects to enhance dehvery of servIces to vIctIms of CrIme, 3 Pro-active cnme victim advocacy, and

4 Other programs WhIChIn CVA's discretion are appropnate to the needs of vIctims In Fort Bend County

2.02 CVA shall exercise discretion as to the expenditure of the money patd to It by the County, pursuant to I 01, above Such discretIOn shall be withIn gUidelInes approved by the County III, MISCELLANEOUS 3.01 In the performance of work or services hereunder, CVA shall be deemed an Independent contractor, and any of Its employees or volunteers performIng work reqUired hereunder shall be deemed solely as employees of CVA and shall not be entitled to any of the benefits or pnvlleges of County eqUipment 3.02 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 3.03 In the event one or more of the provIsions contaIned In the Agreement shall for any reason by held to be InvalId, Illegal or unenforceable In any respect, such InvalIdity, IllegalIty or unenforceabIlIty shall not affect any other prOVISionhereof and thiS Agreement shall be construed as If such InvalId, Illegal or unenforceable prOVISionhad never been contaIned hereIn 3.04 CVA shall comply With all applIcable laws, ordInances and codes of the State of Texas, all local governments and any other enlltles With local Junsdlctlon 3.05 The waiver by eIther party of a breach of any provIsion of thiS Agreement shall not operate as or be construed as a waiver of any subsequent breach 3.06 CVA Will Indemmfy, hold harmless, defend and exempt the Couuty, ItS officers, agents, servants and employees from and agaInst any and all SUits,actIOns, legal proceedIngs, clatms, demands, damages, costs, expenses and reasonable attorneys fees InCIdentto the performance of thiS Agreement WIth respect to CVA or ansIng out of the actIOns ofCVA, ItSofficers, agents, servants and employees IV. TERM AND AMENDMENT 4.01 The term of thiS Agreement shall be from January 1,2001 untIl December 31,2001 4.02 ThiS Agreement may be extended only by subsequent wntten agreement of the parties 4.03 ThiS Agreement or any portion thereof may be amended only by subsequent wntten agreement of the parties IN WITNESS WHEREOF, the partIes have executed this Agreement on the dates mdlcated below, but effectIve the DATE OF LAST SIGNATURE HE

Date

'II, I" CRIME VICTIM ALLIANCE

By ±OJtJ~

Date

M;i\~~;i\-+obia&r.J.4

[ hereby certIfY that funds are avaIlable in the amount of $26,378 57, to pay the obligatIOn of Fort B"d C,",,, "'d" "d w,ilim ili' furogom, .. reiVU P:V

Ed SturdIvant, AudItor

15 1Jf \rencwal\cva agr 1750·1 (113000) FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED' 12-6-00 SUBMITTED BY: John Healey AGENDA DEPARTMENT: District Attorney ITEM COURT AGENDA DATE: 12-12-00 PHONE NO.: 281-341-4460 # 1\ ~- n

SUMMARY OF ITEM: Record ~nto the M~nutes: D~str~ct Attorney s worthless '-'nec, Budget 2001; Approve and record into the Minutes the District··Attorney's Office Fund 141 Asset Forfeiture Budget (Federal); Approve and record into the Minutes the District Attorney's Office Fund 159 Asset Forfeiture Budget (State) RENEWAL CONTRACT/AGREEMENT: Yes () No fC~ LIST SUPPORTING DOCUMENTS ATTACHED: YES Copies of above budgets

FINANCIAL SUMMARY: BUDGETED ITEM: COMMENTS: Yes ~~N~tlbIZEY~~RS70 000 Funds: 141, 142 $ , , , , , & 159

Yes() No () N/A( ) OneTime ()

FundlOg Source: Recurrmg (h fund ~cy Object see a ove N/A ()

Original Form Submitted with back up to County Judge's Office: Yes ()

CC yvith back up: yes W Auditor (281-341-3774) yes~ Comm. Pet. 1 (281-342-0587) yes OtBudget Officer (281-344-3954) yes~ Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes Pi... Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes..Q Comm. Pet. 4 (281-980-9077) yes_~ounty Clerk (281-341-8697) yes 0

(n, on

1 Completely fill out agenda form, IDcomplete forms will not be processed. 2. Fax or IDter-office copies of agenda form with all back up IDformatlOnby Wednesday at 2:00 p m. to the departments hsted above. 3. All onglO.1 back-up must be receIved ID the County Judges Office by 2:00 p m. on Wednesday.

RECOMMENDATION / ACTION REQUESTED: DISTRICT ATTORNEY WORTHLESS CHECK BUDGET 2001

------142 DESCRIPTION BUDGET AMOUNT ------1420200 SALARIES $18,000

1420201 TEMPORARY SALARIES & L $20,000

1420300 SOCIAL SECURITY $5,000

1420400 RETIREMENT $3,000

1420701 CONFERENCES/SEMINARS/ $7,500 TRAINING 1421010 PROPERTY AND EQUIPMEN $2,500

1421062 OFFICE SUPPLIES $10,000

1421063 LAW BOOKS 1,000

1424008 WITNESS EXPENSE $15,000

1424009 CRIME PREVENTION PROG $100

1424010 FEES AND SERVICES $2,800

1424012 SPECIAL CRIMINAL INVESTI $100

1424021 TECLOSE TRNG $0 ------$85,000 \\C.

DISTRICT ATIORNEY ASSET FORFEITURE BUDGET 2001

FEDERAL ------141 DESCRIPTION BUDGET AMOUNT ------======

1410200 SALARY & LABOR $250

1410201 TEMPORARY SALARY & LABOR $750

1410300 SOCIAL SECURITY $150

1410400 RETIREMENT $50

1410701 CONFERENCES/SEMINARSfTRAININ $100

1411010 PROPERTY AND EQUIPMENT $5,000

1410111 CAPITAL EXPENSE $14,500

1411062 OFFICE SUPPLIES $1,400

1411063 LAW BOOKS $50

1414009 CRIME PREVENTION PROGRAMS $50

1414010 FEES AND SERVICES $100

1414012 SPECIAL CRIMINAL INVESTIGATION $50

1414013 OFFICERS TRAINING SUPPLIES $50

TOTAL $22,500 \\ \)

DISTRICT ATIORNEY ASSET FORFEITURE BUDGET 2001

J=T=~~~======------159 DESCRIPTION BUDGET AMOUNT ======------

159 0200 SALARY & LABOR $ 8,000

159 0201 TEMPORARY SALARY & LABOR 20,000

159 0300 SOCIAL SECURITY 7,000

159 0400 RETIREMENT 3,500

159 0701 CONFERENCES/SEMINARSfTRAININ 1,500

159 1010 PROPERTY AND EQUIPMENT 10,000

159 0111 CAPITAL EXPENSE 5,000

159 1062 OFFICE SUPPLIES 500

159 1063 LAW BOOKS 2,500

159 4009 CRIME PREVENTION PROGRAMS 1,000

159 4010 FEES AND SERVICES 10,000

159 4012 SPECIAL CRIMINAL INVESTIGATION 500

500 159 4013 OFFiCERS TRAINING SUPPLIES

TOTAL $70,000. \\S

RESOLUTION

A RESOLUTION BY THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, AUTHORIZING THE CONTINUATION OF A GRANT FROM THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE COUNTY OF FORT BEND, TEXAS FOR A PROGRAM KNOWN AS "VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR"

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR, will matenally enhance the admlmstratlon of justice in the county of Fort Bend, Texas, for all cnme victims, and

WHEREAS, the opportumty eXists to fund Vltalparts of thlS program through the Office of the Governor of the state of Texas, Cnmlnal Justice DIvISion,

NOW, THEREFORE BE IT RESOLVED, by the Commissioners Court of the County of Fort Bend, Texas that the County accept funding from the Office of the Governor of Texas, Cnmlnal Justice DIVISion,To continue the program of VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR In the event ofloss of misuse ofCID funds, the governing body assures that funds Willbe returned In full to CID

PASSED AND APPROVED, this J2"'~ay of DECEMBER , 2000

COUNTY OF FORT BEND, TEXAS

ATTEST

DIANNE WILSON, COUNTY CLERK RESOLUTION

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the VIOLENCE AGAINST WOMENfDOMESTIC VIOLENCE INVESTIGATOR, Willmatenally enhance the adlIJlrustratlon of Justice In the county of Fort Bend, Texas, for all cnme VIctims, and

WHEREAS, the opportumty eXIsts to fund VItalparts of tlus program through the Office of the Governor of the state of Texas, CnmInal Justice DIVISIOn,

NOW, THEREFORE BE IT RESOLVED, by the Commissioners Court of the County of Fort Bend, Texas that the County accept fundIng from the Office of the Governor of Texas, Cnminal Justice DIVISion,To contInue the program of VIOLENCE AGAINST WOMENfDOMESTIC VIOLENCE INVESTIGATOR In the event ofloss of misuse ofCID funds, the governIng body assures that funds Willbe returned In full to CID

PASSED AND APPROVED, thiS 12.... day ofDECEMBER, 2000

COUNTY OF FORT BEND, TEXAS

ATTEST

DIANNE WILSON, COUNTY CLERK coP~ RESOLUTION

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addItIon of the program known as the VICTIM WITNESS EXPANSION, wlll matenally enhance the admlmstratlon ofJus!tce In the county of Fort Bend, Texas, for all cnme vlcltms, and

WHEREAS, the opportumty eXIststo fund vItal parts of this program through the Office of the Governor of the state of Texas, Cnmmal Justice DIVIsion,

NOW, THEREFORE BE IT RESOLVED, by the CommissIOners Court of the County of Fort Bend, Texas that the County accept funding from the Office of the Governor of Texas, Cnmlnal Justice DIVISion,To continue the program of VICTIM WITNESS EXPANSION In the event of loss of misuse of CID funds, the govermng body assures that funds will be returned In full to CJD

PASSED AND APPROVED, thiS 12f',day ofDECEMBER, 2000

COUNTY OF FORT BEND, TEXAS

S C ADOLPHUS, COUNTY JUDGE

ATTEST

DIANNE WILSON, COUNTY CLERK RESOLUTION

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the NARCOTICS PROSECUTOR EXPANSION, will materially enhance the administration of Justice m the county of Fort Bend, Texas, for all crime VIctims, and

WHEREAS, the opportunity eXists to fund VItalparts of this program through the Office of the Governor of the state of Texas, Cnmmal Justice DIVISion,

NOW, THEREFORE BE IT RESOLVED, by the Commissioners Court of the County of Fort Bend, Texas that the County accept fundmg from the Office of the Governor of Texas, Cnmmal Justice DIVISion,To continue the program of NARCOTICS PROSECUTOR EXP ANSION In the event ofloss of misuse of cm funds, the governmg body assures that funds WlIIbe returned in full to cm

PASSED AND APPROVED, thiS '1.~day of DECEMBER ,2000

COUNTY OF FORT BEND, TEXAS

ATTEST

DIANNE WILSON, COUNTY CLERK coP'l FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-eOUNTY JUDGE'S OFFICE

DATE SUBMITTED: December 7, 2000 SUBMITTED BY: Herb Owe... AGENDA DEPARTMENT: District Attomey ITEM COURT AGENDA DATE: December 12, 2000 PHONE NO.: #\\ ~

SUMMARY OF ITEM: Continuation of Grants

RENEWAL CONTRACTfAGREEMENT: Yes ( x) No ( )

LIST SUPPORTING DOCUMENTS ATTACHED:

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Yes () No () NfA (1 ) OneTime ( )

Funding Source: Recurring () fund agey Object NfA ( )

Original Form Submitted with back up to County Judge's Office: Yes (x)

CC with back up: yes (x)Auditor (281-341-3774) yes (x) Comm. Pet. 1 (281-342-0587) yes (x)Budget Officer (281-344-3954) yes (x) Comm. Pet. 2(281-403-8009) yes (x)County Attorney (281-341-4557) yes (x) Comm. Pet. 3(281-242-9060) yes (x)Purchasing Agent (281-341-8642) yes (x) Comm. Pct. 4(281-980-9077) yes (1)County Clerk (281-341-8697)

Instructions for submitting an Agenda Request:

1. Completely nil out agenda form, incomplete forms will not be processed. 2. Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to the departments listed ahove. 3. All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.

RECOMMENDATION I ACTION REQUESTED: GRANT ApPLICATION COVER SHEET

1 L.ial Mme gf QtQilnlutlQn applyinG t T.tIa of PTOjtct FORT BEND COUNTY VICTIM WITNESS STAFF EXPANSION 2 DIvIsIOn or 1,1"11within the applant ~.nlUtLOn ID admll1Qt.r the ptCIjlld. DISTRICT ATTORNEY'S OFFICE 3 Offical applunt orvanllabon mailing addrwss d~!h~~g~~o~e*~~eet774~~om 101

4 Choose up to rMl or !tie follOWIng tha besl d.,cnbl U'!. prQJ.a: • Child _bU.. Q L..- enforcement traltMQ C Comml.lnlty policing Q P.mt. o Cornmllt'ltry.o. •• d p ... .,t!G1t Q Probed,," C COl,ll'U Q Pro •• Cl.ltlon C Crlme ""v."Uon • 5.11.181 .... 1.111 FORT BEND COUNTY C QI....~lon C Stalkln; C Crtvl"O WI'III.I"toxlat~ Q TeChnologyImp~ftlM"1 • F".mlly and dam"ue vIol.nc. • Tl1IlnlnQ<:ol'lt'.,._",.. o Intervention (wfaff_tleI.rl) • Vlc;llml ... lltanell 348,869+ C Innlllg.U". C l"aw anfol'Cflma"t

13 All e::tJn .nd C;Cl,lntln In the I."'lce e.... af lfIe llmrad and the pcl:ll..l.IllOn gf "'e"!

5 Parson C .. O ,t10ulct CQ/'lfad ta .,...~..... r s~..:;rlh: (luntorrs oIOOU'l:t1'l. apphQtlOl'1 FORT BE~D COUNTY J.H. Owens, III

t •• Chief Invest:f,~tcr 301 Jackson Street Room 101 Rlchmond, Te~as 77469

281/341-4:'68 Julv I 200! 15 I, 1!"I." 'llplQI on tar ~"'tyo.r flJno,ng? 281/341-4440 o Vn t:.\NO

& Aganc;y, 51.1.la Pay •• ldan11cilt on Nl"mDar If"No' ~;)lel. e-efO'lOWlng Year cf FUI"Id rg br 11''':11IIPP 'I;oIt'Ol"l (c:-.o> 0".) 76-600-1969 o YNr2 a v... '] a ".,1roC 0 v.. , 5 a YNr 7 Is n". iIICPltGln1Ol';anlUllon ~.'jl'lq1Ja"l C"l a"y Nla Qf lade~1 daor1 o Ves (II "Yes art.aCh.1M IU:! .lIl'aton) 0 p..c,

Hi ColI• .Irq c-"'y cf ;le:::iL~1 01'1 ""':/1(VtO;) atl.~1

To I~. ~est 01 my knowl~g8 OIIl,nCr"n.1t 0" n lt',s .100 C.11OM II truo .lInd c:rrect ~ORCOCtJ!.EONt.Y I The aopilCOlt1on hn ~en duly al.ltlol'lZ.-d :ly t:'le ~cveml/'g 'oody of the ;lp;)hcant and agr .. s to comply .,.,,11'1;111c~an..ln ,nduolng the ;ltlOlC,,"ed nsuraneas , hi !h,. appilabo" :llru,..d w111'1aMlher COG? _ ..... olrc:ad y.. Q NoO James C. Adolphus County Judge Typed N.1me of Aultll:mleQ OtfIC:'.1I, Cl'TNr /J /'1/'/1 Ptlonty ..

6"."1:".·1l • '- ./ 11-12- 00 Issue Dale 8/2000 COpy DESIGNATION OF GRANT OFFICIALS

LEGAL NAME OF AGEN·CY: FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE _

PROJECT TITLE: VICTIM WITNESS EXPANSION _

Iil Mr. a Ms. J.H. Owens, III Project Director Name (Type or Pnnc) Chief Investigator Tide Uld Agency 301 Jackson Street RID.101 __ Richmond, Texas 77469 Ofli",>1 Agene"! M:lJhng -\ddr= C"r 281/341-4468 281/341-4440 Daynme T c.ephone 'JuLT'ber Fax:Sumber

I2i Mr a M, Robert E. Sturdivant

Fort Bend County Aud1tor Tide utd Agt"lC". 301 Jackson Street Room 101 R1chmond, Texas 77469 OffiCIJ1 \ge-:.cy \1..;Ilhng -\Jdre:.s C1r:y 281/341-3769 281/341-3774

James C. Adolphus Aut:hom;C:d \.:~ c.;;1 'oa.rne \ i _pc: or ?il..'O Fort Bend County Judge Tule: mil ~f ...'-7 301 Jackson Str~et Room 10~ Richmond, Texas 7i469 OtfiaJ.i. ~c::'C". \1.....1!·.::, -11Jc.~::ss C c, Zp 281/341-8608 281/341-8609 Fu:--'umoer Fort Bend County District Attorney VOCA BUDGET FY2002 Victim Witness Staff Expansion

BUDGETSVMMARY

Category cm GRANTEE IN-KIND TOTAL

Personnel $69,990 $17,500 $0 $87,498 Prof & Contractual $0 $0 $0 $0 Travel 3,200 800 $0 $ 4,000 Equipment $0 $0 $0 $0 Supplies $0 $0 $0 $0 Total Direct Charges $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0

TOTAL $73,198 $18,300 $0 $91,498

ESTIMATED PROGR\M INCOME

Tlus project does not anticipate any projected mcome

PERSONNEL

Salaries, $65,619

Asst. Coord. $37,969 X 100% = $37,969 Secretary $27,650 X 100% = 27,650

100 % of time allotted of two full tIme positIOns Will be proVldmg necessary victim services and related service support

Fringe Benefi~~, $21, 860

Based on:S 65,619m saianes.

PROFESSIONAL AND CONTR\CTUAL SERVICES

Total $0

Fort Bend D.A. VOCA FY2002 Budget VA-OO-V 30-13645-02 TRAVEL AND TRAINING

Total $4,000

Local Mileage-Using county travel policy of31 5 cents per mile

In-state travel and training costs, $1,500

Costs will be used to send project staff to training conferences witlun Texas that will teach skills related to victim services Costs will be expended using agency travel policy, which includes $30 per diem, 31 5 per mile for personal car and any reasonable rate amount for the hotel Rental car and coach airfare will be purchased at lowest possible fare Additional costs may include conference fees and tuition, hotel and airport parking fees and ground transportation

Out of state travel and training costs, $2500

Costs will be used for the same purposes as under in-state travel and training and using the same policies

EOUIPMENT

Total $0

SUPPLIES $0

Total

Office Supplies

Furniture

Project Supplies

Vehicle Opera'ting Costs

Costs for space

Communication Costs

Services and Other Costs

INDIRECT COSTS

Total $0

Fort Bend D A. VOCA FY2002 Duded VA-'lO-VJIl-1364S-

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that additIon of the program known as the VICTIM WITNESS EXPANSION, will materially enhance the administration of justice in the county of Fort Bend, Texas, for all crime victims; and

WHEREAS, the opportunity exists to fund vital parts oftlus program through the Office of the Governor of the state of Texas, Criminal Justice DIVIsion,

NOW, THEREFORE BE IT RESOLVED, by the Commissioners Court of the County of Fort Bend, Texas that the County accept funding from the Office of the Governor of Texas, Criminal Justice DiVISion,To continue the program of VICTIM WITNESS EXPANSION In the event ofloss of misuse of cm funds, the governing body assures that funds will be returned In full to cm

PASSED Ai'ID APPROVED, tlus 12"'" day of DECEMBER , 2000

COUNTY OF FORT BEND, TEXAS

lES C ADOLPHUS, COlJNTY Jul)GE .'

ATTEST

DIANNe WILSON, COUNTY CLERK GRANT ApPLICATION COVER SHEET

1 Le;al name of or;.nll.abon aP9fYlng • T•• d~~ VIOLENCE AGAINST WOMEN/ FORT BEND COUNTY DOMESTIC VIOLENCE PROSECUTOR

2 01'0'1310" or un. wrthtn the applicant organlUllQn" Idm.mst.r the ptOJect. Dristrict Attorney's Off~ce

3 OftiClal ap,OlJcanl organIZatIOn mailing address 3QlhJackson Street Room 101 Rl.C mona, "J:exas 7 74b'j

.. Choose up b r..,. of th. follOWltlQ IUd belli dlltCtlM Itl. pro).: Q Child all",.. a L... nfore..,,~ trwltlln; 11 CQl.lnty wh .... hNqql.lart.., .... baMd Q Communlly polldng Q Paro'- ...~ Q Commllnlty..o. .. d prwantlon Q PraIlaUO"- -_ o Courts C Proaullllon C eMma ' ...... fllIon C $uual .... ult FORT BEND COUNTY C O"'.l'Ilon C Slatting C Oriv'nv Whlla Into_tc_ad Q r.CMoIOliJ' I",,","_nt Q Family anCldom•• Ue vIOIenc. a r,.lnlnll ~C1nt'.,.nc•• Q IntaNanUOn (.Jo".m~.f') Q YlaJnta •• ,Jstan!;. o In.,.,tIO.tI..,. 348,869 ++ C t.aw anton:emant

13 ,A:Idin Ind coun'.a In the 'JaNIC•• I'M of". pro~d and the PGPYLlDOl'Iof .. en

5 Pan;on CJO should alntad 10answar 1Oec.'1Icquntu:lntl aDOIJtIhe .ppbaCCln J.H. Owens, III To. Chlef Investlgator FORT BE~D COU~TY 301 Jackson Screec Room 1001 Rlchmond, Texas 77469 ,. Grant Sl.Irt Q.ttI 281/34;-4468 12-01-2001 281/341-44~0 1~ I. tl'l1I Il\ appl,g1 on fat 11m y•• r runl:!u"lQ1 a Yn ~NQ

It ·No·. c:omple1e tr'e !ollcvw,ng Vea, of Fut'4,~ ht tl'll1 .ppllabOrt (c....a, one) 76-600-1969 Q'l'wr2 UV •• r) a YUt' Q Yut5 Q '!'II., 7 1:1 the applleal'l1 0rvan,taI1Cln del,nquent on any slit. or ,.dMaI deer? aVes (11"Y., • '"ac;'l an U;I~II'1ii1tO" I d< No

8 RItQ\"utec Funds CIJ~mGtlnt" WF ·99 1344r 02

FY 2002 '1Iql",tut 115O.t • .andcty of applallOn 'III'Q"~Og at!WId~ $ 49,735.00 December 6, 2000 17 II. lOCI! ICPloe.a1 on COG wr-.c~ .Pl:lhC~'bQrI13 JuOmlttod FY 2003 Mlqt..~ $ to (If .JIppllc.Jble) HGAC

FY 2Cv-l "lIquest ~a II ;::rol-e' :I ~t..t.wld. en wl".t ~..t. ""u" c:l;:Jy at e"l•• !=;:lI1C.Jtlon (If .iIlO lUCie) $ 1utlm.'ttft4 ler TRACS R .... ,.w1

+j ,- = To lh. ::ll~t of my kl"o"",.c;e allll'lbrm;Jtlon.n II-,s appl,e,lILon IS true and c:orrec1 fORCOGU""ONLY The '1cplIC411onhas been duly aul1'1onz~ by!l"e gO'nmillg bOdy of U1• .JIppllcanl I ;, _' .', and '1Q'IINS 10 c:;mply WIU' all c..O Nt., Ind\,lolng \1'11 ~ach.cl .,:Juranon If Is tlla ..pl)l"rabcI'11~red~t1'1~ncttUlt co;;:;~~~.;.t--'~, . IIware1Jd V.. 0 No 0 '--i'-_ , J&~S C. ADOLPHUS COUNTY JUDGE . - . " , "~l " - ,:" . ~:::~_'_' '------l~-__:_--":O'-----:....~___i , ,,' 12-12-00 i Issue Dale 8/2000 COpy DESIGNATION OF GRANT OFFICIALS

LEGAL NA.\1E OF AGEi."ICY: FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE _

PROJECT TITLE: VIOLENCE AGAINST WOMEN/DOMESTIC VIOLENCE PROSECUTOR _ lXl Mr. a Ms. J. H. Owens, III

Project Dtrcctor Na.m~ (Type or Pnnc) Chief Investigator Tide OUldAg.ncy 301 Jackson Street Rm.l0l '.' Richmond, Texas 77469 Offia.aJ Ag:-n1.7 .\1.alhag -\ad.as c.cy 281/341-4468 281/341-4440 Fax. :'Ilumber

Gi Mr a Ms. Robe~c E. Sc~rdivanc

Fort Bend County Audltor Title md _'geneJ' 301 Jackson Street Room 101 Richmond, Texas 77469

OffiCIal \£':"':.C"I \1~JJJng :\dC::.::s C.nr - 281/341-3769 281/341-3774

~ ~lr o Ms Ja~es C. Adolphus

Autnomea Crrl.,:.a.l "'::lrl.C (1 .pe <)( ?rl,t) Fort Bend County Judge Tlde.lnu ~.,:..:...... -r - 301 Jackson Street Room 101 Richmond, Texas 77469 Otf Cl;4 -\~e-,-", 'vl....:1n,5: J.c.'::~I:SS Ct;- l.p 281/341-8608 281/341-8609 Fa."l: .....umac:r FORT BEND COUNTY DISTRICT ATTORNEY VAWA BUDGET FY 2002 VAWA DOMESTIC VIOLENCE PROSECUTOR

BUDGET SUMMARY

Category CJD GRANTEE IN-KIND TOTAL

Personnel $46,435 $16,075 -0- $62,510 Prof & Contractual Travel 2,325 800 -0- $ 3,125 Equipment Supplies -0- -0- -0- -0. Total Direct Charges -0- -0- -0- -0. Indirect Costs 975 -0- -0- $66,610

TOTAL $49,735 $16,875 -0- $66,610

ESTIMATED PROGRAM INCOME

This project does not anticipate program income

PERSONNEL

Attorney Salary $48,261

100% of the time will be allotted to the development/prosecution of domestic violence/Violence against women trial cases

Fringe Benefits, $ 14,248 -based upon salary of $48,261

PROFESSIONAL AND CONTRACTUAL SERVICES -0-

TRAVEL AND TRAINING

Locall\Lleage.using county travel policy of 31.5 cents per mile.

In-state travel and training costs, $650 Costs will be used to send project staff to trairnng conferences W1tlunTexas that will teach slolls related to victIm sefVIces Costs will be expended using agency travel policy, whIch includes 530 per dieIr~ 31 5 per mile for personal car and any reasonable rate amount for the hotel R;:ntal car and coach airfare will be purchased at lowest possible fare Additional costs may include conference fees and tuition, hotel and airport parlong fees and ground transportation

Out of state travel and training costs, $2500

Costs wIll be used for the same purposes as under in-state travel and tnurnng and using the same pohcies

Fort Bend) D -\. VAW.-\. Prosecutor FY2002 Budeet WF-99- 73-44 -;-ill. EOUIPMENT

Total -0-

SupPLIES

Total -0-

Office Supplies -0-

Furniture -0-

Project Supplies -0-

Vehicle Operating Costs -0-

Costs for space -0-

Communication Costs -0-

Services and Other Costs -0-

INDIRECT COSTS

Total $995

Using em approved 2% rule-$49,735 X 2% = $995

Fort Dendy D.A. VAWA Prosecutor FY2002 Budcet WF-99-73447-ll1 RESOLUTION

A RESOLUTION BY THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, AUTHORIZING THE CONTINUATION OF A GRANT FROM THE GOVERNOR'S CRIMINAL JUSTICE DMSION FOR FUNDING TO THE COUNTY OF FORT BEND, TEXAS FOR A PROGRAM KNOWN AS "VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR"

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR, will materially enhance the administration of justice in the county of Fort Bend, Texas, for all crime VIctims,and

WHEREAS, the opportunity exists to fund vital parts of tins program through the Office of the Governor of the state of Texas, Cnnunal Justice Division,

NOW, THEREFORE BE IT RESOLVED, by the Commissioners Court of the County of Fort Bend, Texas that the County accept funding from the Office of the Governor of Texas, Cnminal Justice Division, To continue the program of VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR In the event ofloss of nususe ofCm funds, the goverrung body assures that funds will be returned in full to cm

PASSED AND APPROVED, this '2.J-~ay ofDECEMBER , 2000

COUNTY OF FORT BEND, TEXAS

S C ADOLPhL'S, COL"NTY JUDGE

ATTEST

DIANNE WILSON, COUNTY CLERK GRANT ApPLICATION COVER SHEET

1. bg.Nm.oI010.mubOnapP'1'ftQ • T.... "., ... VIOLENCE AGAINST WOMEN I FORT BEND COUNTY DOMESTIC VIOLENCE INVESTIGATOR 2 OlYISlcn or \,1Mw~ Itle applicant otgll'll1ltran ID.dmIMt.t 11'\. Pft'IK'L 10 Ap~ tlr (Cftldr. onty on.) D~strlct Attorney's Office Q Vlt:bm,d <:tun. Ad Fund (fed'fll) CFCA·16 575 ~0Oft"lC\J1 ."pla"" a"..tuullon 1NI1 .....' acldrnJ ~ V_nl:ll Ai.,n'l Womln Ad Fl.ll'ld(rld.'II) CFCA.16 saa J I ~aCKson Street Room 101 o PtaMcstolt " R .- XXLaw ~.m."t ". 4 Chco,. 1.l0m rift of 1'111(oIlQWltlO""-' ~tl dncnbl trI, ~Iec:t C Vlditn1 Serwn .,. Q ChUdIbu.. C I..... nfore."'....., nlftl"G Q CMlm\llllt't' ,001e:.I'IQ C P'nll, e Comlflynlfy ..... CI ,r •• ,,,IIo,, a P",bIIlQI'I • Cou",s • Pro .. Cl,ltlOll o CI1"," 1:1""11'1\10" C SII.1I111 .... \lll FORT BEND COUNTY Q a.....r.lon C Stlltl"g o O".,II\Q WflU, I"~'lc.-c'd a r.~nIlllO;J1""nI ...... "'t • F'mlly ,,.11 "0fI"'~ wI.f1c. 0 T"""'1'I0 COI'lfI'I!'C'. o '"tIlI"WII'lUCII' (_(O"f"14:1,,.) a Vlalml ... IIUl"U Q In" •• llg.U .... 348.869 ++ • L_ ."~ru"'.", U AllefIft aM Q)I,I"'" u, th ...... c:•• ,..,. cI ". p:~d ..-.d tl'l. PGlNlaDQn d wc;.h

5 P."Ol\ CJO tr.o",ICS Cl:)1'I1.. e:t to ,.,'.1' ';lee-oft, ql,leotl.Of\Il:lCut 1"1 'PCll<;alOl'l J.H. Owens. III FORT BE~D COU...1Y Ch,ef Investlgator 301 Jackson Street Roo- 101 Rlchmond. Tc~as 7746,

July 1, 2001 281/341-4468 15 1'll"'JI.' '~oliC6tJOn 10' !"t r,I' f..,ndLl"IQ' 281/341-4440 t)\y., Q,..o

11 M CQtn~I:-1 100\ooortng '''Ut g( FwO'l4""'f b, ti'lrt 1;'llhc.lloO"l (I;MIO. 01"1 76-600-1969 Q'r'NrZ Q \"wr] 0 'R.r~ 0 'fa; ..... s a l'UI 7 II 11'l, ICPla" a!'"WIf'Il'\'Q" C:IIIlI'lCl\,lllnl 0" '"7 Nit or I.d .... l C1tQ[1 a 'rn (11 ""'\'nO ,!:I.ael'l I" U'l)IJnltCI\ 1 a N:I

99 ·15157· 01

Cafl c:( .ppi~ \IO'O(\)itQ;:I FY 200:; -'0;: ...1sa Ui Ind crt l"'til<"lC114 $ 37,792 00 Decemoe: 6, 2000

F'r 200J ,...q .... s1 11 II. \clI;.I1';l~<.t1>Ot\ COG Ie ."r..eM ,pp!OCi",Qt'\11I JUC!""'f'.,;l (II JC-:lILC-J,tllel $ HGAC

FV 2CQ..\ v<: .... s1 $ 11 Ifjll'll,K"l'1 ,Ir.-C. on .. r.~ 0..1' ...as • ~;T of :-, .,pl,U',on (II ~:="~I:lI.1 ... !)!lY.laa:O, TrtACSR",_1

To \r.e ,:" of mylr;no~.e'l all ,nbrm..tLcn.n Ir.L' IO'Ie.JI c., , II\,I .~~.::=~ Tn • .I:C,,:.,aILOt\1\1" beln dl.,/ly 1\j!l'lOru:Ml I7y ':1' ;OY',,"ln,. :loCly of II"I ";"hunf and a;'M' 10et:lmply '/WItI'III CJo Nle, u'Idwd,r'\l tr., ~"::"e

'. DESIGNATION OF GRANT OFFICIALS

LEGAL NAME OF AGENCY: FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE _

PROJECT TITl.E; VIOLENCE AGAINST WOMEN/DOMESTIC:....- VIOLENCE INVESTIGATOR _

~ Mr a Ms. J.H. Owens. III

ProJect Director Name: (Typc or Pnm) Ch~ef Investigator Tide and Agenor 301 Jackson Street Rm.101 ..- Richmond. Texas 77469 OtfiCl.a.I Ag-:"'1C'! ~t.2Jlmg Aadr=:s.s 281/341-4468 281/341-4440 Da.yt1mc T <:,ephonJ:: ':""umbCf fax 'lumber

Qi Mr a Ms Robe=: E. Sturdlvant

Fort Bend COllnt~' Auditor Tide: .md i\ge'nc. 301 Jackson Street Room 101 Richmond, Texas 77469 OfficloU Ag'='1C"1\10l11mg Addre::.s c.r'! 281/341-3769 281/341-3774 Dayttme T c :phon.: .....urr.oc:~ Fa.'t "\,,;noc:

James C. Adolphus

AuthoClz::=c 1 .... [[,.:,.1J...... a.r-e \ ~ =e jr :>·l.:"'j For: Bend County Judge Tltle...nd "z._-~-" . 301 Jac~son St=eet Room 101 R~chmond. Texas 77469 OttiqJl ~-=-'-~,"1.. un,;; ".;..;·~s c.') 281/341-8608 281/341-8609 DJ.ynr;,c lC _?nonl: ~um<:er FJ.X '" umOcr Fort Bend County District Attorney VAWA BUDGET FY2002 VAWA Domestic Violence Investigator

BUDGETSVMMARY

Category CJD GRANTEE IN-KIND TOTAL

Personnel $34,792 $11,597 $0 $46,398 Prof & Contractual $0- $0 $0 $0 Travel 3000 1,000 $0 4,000 Equipment $0 $0 $0 $0 Supplies $0 $0 $0 $0 Total Direct Charges $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0

TOTAL $37,7920 $12,597 $50,389

ESTIMATED PROGRAM INCOME

Tills project does not anticipate any program income

PERSO'lNEL

SalarieslInvestigator, $35,000

100% of time aSSIsting law enforcement and prosecutor m the development of prosecution As well as lDvestIgatmgldevelopmg associated cases (I e retaliation, coercion, etc )

Fringe Benefits, $11,389

PROFESSIONAL AND CONTR.\CTUAL SERVICES, -0-

TRAVEl_ AND TRAINING

Locall\l;leage.-using county travel policy of 31.5 cents per mile.

In-state travel and training costs, $1500

Costs \\,;1 be used to send project staff to trammg conferences witbn Texas that will teach skIlls related to vIctlm servIces Costs wJ11be expended using agency travel pollcy, willch includes $30 per dIem. 31 5 per nule for personal car and any reasonable rate amount for the hotel Rental car and coach airfare WIll be purchased at lowest possible fare Additional costs may include conference fees and tuition, hotel and airport parking fees and ground transportation

Out of state travel and training costs, $2500

Costs will be used for the same purposes as under in-state travel and trairung and using the same policies

Fort Bend D..A. VAWA In'Ve5tic:atorF'V2002 Budget SW-OO-15157-01 EOUIPMENT

Total SO

SUPPLIES SO

Total

Office Supplies

Furniture

Project Supplies

Vehicle Operating Costs

Costs for space

Communication Costs

Services and Other Costs

INDIRECT COSTS

Total $0

Fort Bend D.A. VA\VA In'Vestieator FY2002 Budzet SW-OO-15157-ll1 RESOLUTION

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE INVESTIGATOR, will materially enhance the administration of Justice in the county of Fort Bend, Texas, for all crime victims, and

WHEREAS, the opporturuty exists to fund vital parts of this program through the Office of the Governor of the state of Texas, Criminal Justice Division,

NOW, THEREFORE BE IT RESOLVED, by the CommissIOners Court of the County of Fort Bend, Texas that the County accept funding from the Office of the Governor of Texas, Cnminal Justice DiviSIOn, To continue the program of VIOLENCE AGAINST WOMENIDOMESTIC VIOLENCE INVESTIGATOR In the event ofloss ofrrususe ofCID funds, the governing body assures that funds wIIl be returned III fuIl to CID

PASSED AND APPROVED, tlus l'lt" day ofDECEMBER, 2000

COUNTY OF FORT BEND, TEXAS

ATTEST

DIANNE WILSON, COUNTY CLERK Youlh·RelateC, Juvenile ~us:Jce,af1C(",m,nal.USbce "roJE '. GRANT APPLICATION COVER SHEET Iff

Legal name of organtZabol"l appfytng 9 TItle of Pro/eel FORT BEND COUNTY NARCOTICS PROSECUTOR EXPANSION 2 OlVJ~on or unit w,th,n the applicant organlzabon to admInister the prorect 10 AppllC3.f10n tOt (CHECK ONLY ONE) District Attorney's Off~ce ~ Cnmlnal Justice Pla.nnlng runG (SI31ft) 3 °fi~ill 3QJJheant organlzallO" mailing address 10 1 o Juvenile Justice and Delinquency PreventIon Act Fund (federal) CFDA 1654r UlhJackSoa Street Haom l.C mona, Texas 774 6':::1 ::J Safe and Drug-Free Schools and Communities Act Fund (r~ral) CFOA 64 t E 4 Ct100se up (0 five of !he folfowlng tIlal best descn!)e tn. project (d'1eck one box only) o AJtem~rlve educalfon program o N

Tifle Ch~ef Investlg"tor FORT BEND COUNTY

Address 301 J"c

281/341-4468 14 Grant Slart Oate TelephOl'1e r'umber September 1, 200 l 1 Fax numt-er 281/3 .\-4440 15 Are 11"16aCllVltleS proposed ,n 'torS applle:J,llon lOO.....jtl'llenlle retaled? ::l Yes ~ No 8-mall address 11yes In box Idel"llry lhe numeer 01 Ihe nee

7 Is ''''e applicant organlzallon delinquent on any 'ita's ~r lederal debt" II N~ comple'e It'le lollowlng Vear of FundIng ler tl'Wi aC;lltcallon (checK one) o Yes (II '"Yes' attach an E!x,ClaJ"allon) r:J. r..t:l ~Year 2 -.:t Ya'lr:] .:J Year 4 :l {~dr 5 :i YeJl S F 0 1 A o 1 5 4 8 8 1 8 Requesled Funds Amount 01 CJO Funos ':;equesled Currenl Crant • o

FY 2002 'e-:;I..esl 17 Dale and Cl:y ct :ll-;:lll~llcn ....00.5I'1CO attendee $ 69,446.00 Dece:-rlb

FY 2003 r~uesl , 8 II a lecal <1Cpl,C,Jllcn CCG tQ ... rllCt'I aCCIlCJtlOn ,",'L ~1.:::'nlne'J (,I appllC3t,,1 $ 69,446,00 HGAC

FY Z0Q4 fe'.: ...esl 19 ,';: ~:ec' IS ~ ote"",oje ~I" ...1'31 ':l:lle 'oJS .] ~:::;::.. JI "e a::cllCJlcn (I' al:iph(;J.C1el $ 52,084,00 Sl..cm.lt~ 'or T?..1CS ;:-';C .'ew"

To the best ~f 'TIy Knowieage ail tr'form3ncn In ('",s acc ICJ OM IS rue 31'd I fOR COG USE O'NLY f Correcl The aODhCallon has been dUly authonzed by tre governing coay ot 'l'1e applIcant ,JIi[j agrees 10 COrT'ply wltll ,JUc..O ru"es mC'I.::::lrg 'he ,J!tacned '/5 ttmi apr!!cal~ shared 'Mth a<1otr..er COO? •• assu'Onces ,Iaw",ded JANES C. ADOLPHCS COUNTY JUDGE VesQ,'';''O'. . '\.,.."- .....~~~";,.; ,,~~ .. .!::~"1- ~:. ;' .. .:-Ic: ... ~ •

Typed Nan"e of AUlhonzed OttlC aJ CP'TN" _-'"" t ~ RegIon» I'. '\ .. ' ,'" " .... .".,~ --, ~.~

RBE a·1n., 0 .I)vl 0 NA , ,t, '.;-: ., " ," "';'-.f.. ,. • :..... Issue Date 8/2000 COpy -.

". DESIGNATION OF GRANT OFFICIALS

LEGAL NAME OF AGENCY: FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE _

PROJECT TITLE: NARCOTICS PROSECUTOR EXPANSION-=-.:..:..::..:..:... _

Ilil Mr Q Ms. J.H. Owens, III Project Director Name (Type or Pnnd Chief Investigator 1itle and ~n

Cli Mr Q ~L. Robert E. Sturd~vant

Fort Bend Countv Auditor Tide:.md .~e"1C". 301 Jackson Street Room 101 R~chmond, Texas 77469 OffiC:1a.1-\g-=~C", \bdlrg -\dare:s C,t'! Z.p 281/341-3769 281/341-3774

James C. Adolphus Auc"ort:::ec. ,':-"'"'i:;:j '-:::L..'1"C \ I ,pc: oJr ::11.; Fort Be~d County Judge

Tme: UHZ ~~_"'L- . 301 Jackson Street Room 101 Rl.CnI!lOnd, Texas 771.69 Otrlc.:J.l .. :;....."-~ 'v1::. 111"., .....:.::.::::s Cr', Zp 281/341-8608 281/341-8609 fJ.X :-"Uffioer BUDGET

BUDGET SUMMARY

Category CJD GRANTEE IN-KIND TOTAL

Personnel $ 69,446 00 -0- -0- $ 69,446 00 Prof & Contractual -0- -0- -0- -0- Travel -0- -0- -0- -0- Equipment -0- -0- -0- -0- Supplies -0- -0- -0- -0- Total Direct Charges -0- -0- -0- -0- Indirect Costs -0- -0- -0- -0-

TOTAL $ 69,446 00 $ 69,446 .00

ESTIMATED PROGRAM INCOME

PERSONNEL

Total CD.J. Grantee

Salaries/StatT Attorney $54,00000 -0- $ 54,000 00

100% of the time will be allotted to the developmneUprosecution of narcotic cases.

Fringe Benefits $15,44600 $ 15,44600

GRAND TOTAL 69,44600 $ 69,446 00

PROFESSIONAL AND CONTRACTUAL SERV1CES

Total CD.J. Grantee -0- -0- -0- Computer System Contract -0- TRA VEL AND TRAINI."fG

Total- CD.J. Grantee -0- -0- Locall\IIieage -0- In-state travel and training costs -0- Out of state travel and training costs -0- EOUIPMENT

Total -0-

Computer Equipment -0-

Office Equipment -0-

SUPPLIES

Total C.D.J. Grantee -0- -0- Office Supplies -0-

Furniture -0-

Project Supplies -0-

Vehicle Operating Costs -0-

Costs for space -0-

Communication Costs -0-

Services and Other Costs -0-

INDIRECT COSTS

Total -0- RESOLUTION

A RESOLUTION BY THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, AUTIIORIZING THE CONTINUATION OF A GRANT FROM THE GOVERNOR'S CRIMINAL JUSTICE DMSION FOR FUNDING TO THE COUNTY OF FORT BEND, TEXAS FOR A PROGRAM KNOWN AS "NARCOTICS PROSECUTOR EXPANSION"

WHEREAS, THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS feels that addition of the program known as the NARCOTICS PROSECUTOR EXPANSION, will materially enhance the administration of justice in the county of Fort Bend, Texas, for all crime VIctims, and

WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the Governor of the state of Texas, Criminal Justice DIVISion,

NOW, THEREFORE BE IT RESOLVED, by the Cornnussioners Court of the County of Fort Bend, Texas that the County accept fundlOg from the Office of the Governor of Texas, Cnminal Justice DiviSIOn,To contlOue the program of NARCOTICS PROSECUTOR EXPANSION In the event ofloss of misuse of eID funds, the governing body assures that funds will be returned III full to em

PASSED AND APPROVED, this '2~day of DECEMBER , 2000

eOT..;NTY OF FORT BEND, TEXAS

.. ~IES e ADOLPHUS, eOT..;1';iY IT..UGE

ATTEST

DIANNE WILSON, COUNTY CLERK 00-12-05 P04 05 IN IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY I') FOR THE YEAR 2000 fJ'.,

On thiS the ___ day of ' 2000, the Canm,sslOIlefS' Court, wrth the follow>ng members being present

J,..,.,. Adolphus County Judge R L O'Sh'e!es Canmlssloner Precinct #1 Grady Prestage COO"lI1lISSloner Precinct #2 Andy Meyers Canmlssloner Precinct #3 J,..,.,. Pall"""", COOl/TlJSSJOOOr PreclIlCl #4

The follOWing proceedings were had, to-wnt,

THAT WHEREAS, theretofore, on October 12, 1999, the Court heard and approved the budget for the year 2000 for Fort Bend County, and

WHEREAS, on proper application, the Commissioners' Court has transferred an eXIsting budget surplus to a budget of a s'mllar kmd and fund The transfer does not ,ncrease the total of the budget

The follOWing transfers to said budget are hereby authonzed

Department Name DISTRICT CLERK Department #__ =:=::...004 _

TRANSFER TO;

LINE..JTEM NAME NUMBER AMOUNT

SOFTWARE 004-3040 $1.000.00

TOTAL TRANSFERRED TO ~$_~~~~1.000.00 __ TRANSFER FROM: CONFERENCE & TRAVEL 004-0701 S 1.000.00

TOTAL TRANSFERRED FROM ~$ 1.000.00 __

Department Head i). ~ Date led- ~S-- D"')) :'~ •. @_.OOLL.... ''''

~ FORT BEND COUNTY, TEXAS PURCHAS~RDER PO NUMBER PC 00400001341 '"'? ~ ......

SPECIAL INSTRUCTIONS PAGE # 01 PO DATE 02 17 2000

DELIVER BY 02 17 2000

BUYER CONFIRMING FOB 03 KAREN HAJOIK NO o VENDOR SHIP TO 01STKICT CLERK 954617347 - 401 JACKSON, SUITE 106 JUKY SYSTEMS, INC. RICHMOND TX 77469 15760 VENTURA BLVD SUITE A-16 BILL TO DISTRICT CLERK ENCINO CA 91436-)095 ~OI JACKSON 818-788-5620 RICHMUND TX 77469

DESCRIPTION QUANTITY UNIT COST EXTENDED COST 001 , 805 1.000 EA 5,000.000000 5,000.00 ,010 004 0040 lZ00 3040 01 .JURY+ NEXT GENERATION 8ASE LICENSE FEE(NETWORK VERSION)

\.., B05 3.000 EA 1,250.000000 3,750.00 010 004 0040 1200 3040 01 ,FULL~USE, USERS 1-3

003 805 8.000 EA 250.000000 2,000.00 pIa 004 0040 1200 3040 01 LIMITED - USE USERS 1-8

004 605 1.000 EA 250.000000 250.00 010 004 0040 1200 3040 01 CRYSTAL REPORTS LICENSE

005 805 1.000 fA al 1,000.000000 1,000.00 010 004 0040 1200 3040 01 INSTALLATION

006 605-- 1.000 EA 1,000.000000 1,000.00 010 004 0040 1200 3040 01 CONVERSION

007 805 3.000 EA 800.000000 2,400.00 010 004 0040 1200 3040 01 TRAINING (3 DAYS ON SITE)

IGNATURE OF PURCHASING AGENT

~BCAFORM 1074 (MAY 92) RECEIVING REPORT Fq~T BE~DCQUN.TY,TEXAS " PURCHA~RDER , u-". PO NUMBER .~.o,.,.:...... PC 00400001341

4- SPECIAL INSTRUCTIONS PAGE # 02 PO DATE 02 11 2000

DELIVER BY 02 11 2000

BUYER CONFIRMING FOB 03 KAREN HAJDIK NO o VENDOR SHIP TO DISTRICT CLERK 95461'7341 - 401 JACKSON, SUITE 106 JURY SYSTEMS, INC. RICHMOND TX 11469 15160 VENTURA BLVD SUITE A-16 BILL TO DISTRICT CLERK ENCINO. CA 91436-3095 301 JACKSON 818-188-5620 RICHMOND TX 11469

DESCRIPTION QUANTITY UNIT COSt EXTENDED COST 006 805, 1.000 EA ~ l,3UQ~OOOOOO 1,3~00 010 004 0040 1200 3040 01 TRAINING EXPENSES (NOT TO EXCEEU)

PI\.GETOTAL • ~ 1,300.00 GRANO TOTAL : 16,1.00.00

GNATURE OF PURCHASING AGENT '<, seA FORM 1074 (MAY 92) RECEIVING REPORT 00-12-05 PI'4 05 IN

IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 1999

On ttus the ___ day of 1999 the CommissIoners Court with the following members beIng present

James Adolphus County JUdge R L 0 ShlQles Commissioner Precinct #1 Grady Prestage Commissioner Precmct #2 IE II \V/ !Fo Andy Meyers CommISSIoner Precmct #3 -= James t'atterson CommIssIoner Precinct #4

The following proceedings were had, to-wrrr, -, r~r tf~I'-\f 1\ I 'T""\. " "/'Tt)r THAT WHEREAS, theretofore, on October 13,1998, the Court heard and approved the budget for the year 1999 for Fart Bend County; and

WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting budget surplUS to a bUdget of a Similar kmd and fund The transfer does not Increase the total of the budget

The followmg transfers to said bUdget are hereby authorIZed

Department Name d- 4 (2 M Cu'5tit, &u (1Department #_-"-/-1.0-"-- _ TRANSFER TO

UNE-rrEM NAME NUMBER AMOUNT

TOTAL TRANSFERRED TO --'--_~Cl..L",-+'---i.L--"'-$ _ TRANSFER FROM {2 fi:e] t-SelrJ!f(C5 ow 'oro -()(OO-~Ol

TOTAL TRANSFERRED FROM --'-----''''''-'-~'--l.-L-'-'-*:+--S _

EX"LANATION

Deoartme'lt l-leac Date -----1'-----i,C'---'=-=---'-"'--- FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OFFICE

DATE SUBMITTED: 12/05/00 SUBMITTED BY: County Attorney DEPARTMENT Eugmeermg PHONE NO.: 4556 L--COURT AGENDA DATE: 12/12/00 -'----TI-'-'t

SUMMARY OF ITEM: 1. Deliberate and take actIOn on Agreement between Fort Bend County and Texas Department of Transportation for preliminary engineering work on FM 359 from US 90A to Jones Creek; 2. Deliberate and take action on Resolution for Fort Bend County to participate in the Development ofFM 359 from US 90A to Jones Creek; 3. Deliberate and take action on Agreement between Fort Bend County and Texas Department of Transportation for preliminary engineering work on Mason Rd from FM 359 to Grand Parkway (SH 99); 4. Deliberate and take action on Resolution for Fort Bend County to participate in the Development of Mason Road from FM 359 to Grand Parkway (SH 99)

FINANCIAL SUMMARY: BUDGETED ITEM: ANNUALIZED DOLLARS. COMMENTS. RENEWAL CONTRACT/AGREEMENT Yes (X) No ( ) LIST SUPPORTING DOCUMENTS ATTACHED YES Yes() No() N/A() OneTime ()

Fundmg Source Recurrmg () fund agcy Object N/A () Original Form Submitted with back up to County Judge's Office: Yes ()

CC with back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-0587) yes ( ) Budget Office r (281-344-3954) yes () Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697) yes () Jess Hegemier, County Engineer yes ( ) InstructIOns for submlttmg an Agenda Request:

I. Completely fill out agenda form, mcomplete forms WIllnot be processed. 2. Fax or mter-office copIes of agenda form wIth all back up mformatlOn by Wednesday at 2.00 p.m to the departments lIsted above 3. All ongmal back-up must be receIved 10 the County Judges Office by 2:00 p.m on Wednesday.

RECOMMENDATION / ACTION REQUESTED:

Agreements are attached and must be made part of Resolu.-l,lO"n"sl~_W ~ ~ \'d- \~-c:5) " \4A I~*Texas Department of Transportation PO BOX 1386· HOUSTON, TEXAS 77251·1386· (713) 802·5000

November 14, 2000 CONTACT CONSULTANT DEC - 4 21m Fort Bend County CSJ 0543-02-051 .~~}~~: From ys 9.9A tQ'Joiies'~J

Mr. Jesse Hegemler, P E County Engineer Fort Bend County Engmeenng Department 1124 Blume Road Rosenberg, Texas 77471-1449

Dear Mr Hegemler

You recently nommated the subject project to receive Federal fundmg for prehmmary engmeenng The subject project was selected for fundmg under the Category 4C Metro MoblhtylRehablhtatlOn Program This project Will be adrmmstered by the Texas Department of TransportatIOn (TxDOT) 10 conjunctIOn With your agency One of the requIrements of all Federally funded programs IS that the sponsonng entIty enters mto an agreement WIth TxDOT Please find attached a draft fundmg agreement We request that you ~e;,Yih~ agreement and pr<:>YlCkUL \Ylth.

Recent dISCUSSIOnsbetween TxDOT and the Metropolitan Planning OrganizatIOn have mdlcated that there might be some confusion concerning the scope of work for prehrninary engineering It appears that some project sponsors may have included final design costs in their estimated costs for the prehmmary engmeering work. Preparation of final deSIgn documents that could be used for bidding a project is not eligible for Federal reimbursement at this time The project must be selected to receive constructlon fundmg before Federal funds can be expended on [mal deSIgn costs

Please find attached two example scope of works for recent projects m Sugar Land and 10 Pearland _We regues!~_lJ'0u review. these scopes and determine If there are items of work that can !1.e.ehmJDated from )lo,ur estImated costs for this pr9j~~t. Reducmg the cost of the various projects could enable the MP(Yto fund' the 'devei~pment ~f prelirnmary engineering on other projects that were not ongmally selected We request that you gIve this matter your full attentlon We may be able to fund one of your unfunded projects Please let us know if fundmg can be reduced from your project when you submit your comments on the draft agreement

An Equal OPPortunity Employer Mr. Alex G Sutton, III, P E November 14, 2000 Page 2

Another key requIrement for receIVIng Federal funds for engineenng work is that your process to select a consultant conforms to Federal criteria. Please find attached a sample consultant selection procedure that conforms to Federal gw.delrnes. We request that you adapt this procedure for use by your agency and that you formally submit tins procedure to us for use on this project Some additIOnal InformatIon concerning the consultant selection procedure that has been excerpted from a recent TillOT presentation at the Houston Galveston Area Council has also been included for your Information. If your agency already has a consultant selectIon procedure that has been approved by TillOT, we request that you provide us WIth a letter indicatmg that you will use that procedure to select a consultant for this project

""" We need a copy of a resolutIon or motIon of the govemmg body of your agency that comrruts funds to tins proJect. TIns resolutIon IS needed as ExhJbIt C to the agreement. Please provide this fundmg commitInent when you send us the comments on the agreement

The MPO stIpulated that the project sponsor must have executed a funding agreement WIth TillOT withm one year of the approval of the project on the State TransportatIon ImplementatIOn Plan (STIP) Projects that did not have an executed agreement 10 thts tune frame were subject to being cancelled The subject project was approved for funding in the STIP on June 15,2000 Thus. we are already well mto the one year penod We apologIze for any delays 10 transmitting thIS draft agreement to you

We are anxIOUSto start these unportant projects and look forward to your tunely response to tins letter

Please contact Mr Mark D. Patterson, P E , at (713) 802-5506, should you have any questions concerning tins matter.

Sincerely,

Elvia R. Cardinal, P E Manager of Consultant Contract Administration Houston Dtstnct

MDP.ha Attachments cc. Mr Mark D. Patterson, P E Mr Alan Clark, Houston Galveston Area Council Fort Bend County CSJ 0543-02-051 FM 359 From US 90A to Jones Creek

THE STATE OF TEXAS §

THE COUNTY OF TRAVIS §

AGREEMENT

(SURFACE TRANSPORTATION PROGRAM-

METROPOLITAN MOBILITY REHABILITATION)

THIS 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,

Texas, hereinafter called the "County"

WITNESSETH

WHEREAS, the Intermodal Surface Transportation EffiCiency Act of 1991, ("ISTEA")

codified under Title 23 U S C Section 101 et seq, establishes the National Intermodal

Transportation System that IS economically effiCient and environmentally sound, prOVides the

foundation for the nation to compete In the global economy, and will move people and goods In an

energy effiCient manner, and

WHEREAS, Title 23 U S C Seclion 133 establishes that Surface Transportalion Programs

should be developed and Implemented by the State's Transportation Agencies, and

WHEREAS, Title 23 US C Section 134 establishes that Metropolitan Plannrng

Organrzatlons ("MPO's") and the State's Transportation Agencies develop transportation plans and

programs for urbanrzed areas of the State, and

WHEREAS, the County IS a member of the Houston-Galveston Area CounCil, a 1 Metropolitan Plannrng Organrzatlon, chartered under the laws of Texas, and

11/6/00 Page 1 of 13 WHEREAS, the State and the County desire Improvements to FM 359 From US 90A to

Jones Creek, as shown In "Exhibit A", to be hereinafter Identified as the "ProJect", and

WHEREAS, Title 23 U S C Section 120 establishes that the federal share of funding for

Surface Transportation Programs for urbanized areas Will not exceed eighty percent (80%) of the

Project cost, and

WHEREAS, the County has offered to participate In the development of the preliminary englneenng, which Includes but not is limited to enVIronmental documentation and clearances, public Involvement, all necessary environmental mitigation, and providing other necessary Items required by the State, and

WHEREAS, the State Will secure the federal cost share, review the preliminary englneenng, and proVide other Items as required, and

WHEREAS, on the 28th day of Apnl 2000 the Metropolitan Planning Organization

Passed Amendment 101 to the Transportation Improvement Program, which is attached to this amendment as EXhibit B, that allocate Federal funds for the Project, and

WHEREAS, on the\'d-"" day o~, CJP~ the Fort Bend County Commissioners passed

Resolution NO _, attached hereto and Identified as "EXhibit C," authOriZing the county's participation In the development of the ProJect, and

WHEREAS, the County and the State agree that completion of the preliminary englneenng for this Project does not guarantee selection of the Project for Federal construction fundIng In the future, and

AGREEMENT

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

11/6/00 Page 2 of 13 1. CONTRACT PERIOD

This agreement becomes effective upon final execution by the State and shall terminate

upon completion of the Project or unless terminated or modified as hereinafter provided

2. SCOPE OF PROJECT

The State and the County agree that the scope of the Project IS to prepare the

environmental assessment, nght of way maps, property descnptlons, schematiC layout,

perform field surveys, prepare a drainage study, conduct public meetlngs/heanngs, and

any other work necessary to perform preliminary englneenng

3. COUNTY RESPONSIBILITIES

A The County Will prepare or cause to be prepared the ProJect's preliminary englneenng,

InclUding environmental documents necessary for the development of the Project

Development of the preliminary engineering shall Include, but not be limited to, prepanng

the enVIronmental assessment, nght of way mapping, property descnptlons, and schematiC

layout, performing field surveys, prepanng a drainage study, and conducting public

meetlngs/heanngs The dellverables reqUired by the County are all Items listed above

B The County shall provide to the State environmental reports to be submitted to the

appropnate regulatory agency(s), prOViding documentation to the satisfaction of these

regulatory agency(s) that the enVIronmental problems have been remedied

C The County will be responSible for the preparatIon of the environmental assessment;

however, the documents Will be reViewed and processed by the State The County Will be

responSible for the assessment, mitigation and remediation of any environmental problems

associated With the development of the Project Wntten certification from the appropriate

regulatory agency(s) that the enVIronmental contamination does not eXist or that any

enVIronmental problems discovered have been remedied Will be reqUired by the State All

costs associated With the remediation of the environmental problems shall be the 11/6/00 Page 3 of 13 responsibility of the County

D The County shall prepare right of way plat(s), property descnptlons and other data as

needed to properly describe the right of way which the County IS to acqUIre The right of

way plat(s) and property deSCriptions shall be submitted to the State for approval pnor to

the County acqUiring the necessary right of way Tracmgs of the plat shall be retained by

the County for ItS permanent records

E The prellmmary engineering shall be developed In accordance with 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 Officlal'sA Policy on

Geometric DeSign of Highways and Streets, the Texas Department of Transportation's

1993 Standard Specifications for Construction of Highways, Streets and Bridges, federal

regulations for conformity With the Clean Air Act air quality requirements, the EPA-

National Pollutant Discharge EliminatIon System requirements, the Texas AcceSSibility

Standards of the Architectural Barriers Act and the Texas Manual on Uniform Traffic

Control DeVices In addition, all engmeerlng 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

F The County must comply With applicable State and Federal rules and procedures In

selectIon of the consultant to prOVide engmeerlng services for the Project and the

consultant seleclion procedure must have prior approval by the Texas Department of

TransportatIon and the Federal Highway Administration The State Will mOnitor the

County's consultant selection process for adherence to Federal rules and procedures The

consultant selected by the County shall be SUbject to the approval of the State The

County must submit a copy of the consultant's contract to the State for approval pnor to the

consultant starting work The County shall forward to the State a copy of the completed 11/6/00 Page 4 of 13 engineering and design plans for both phases of the Project for review

4. STATE RESPONSIBILITIES

The State will review all preliminary englneenng, process environmental documents, and

oversee any necessary pUblic Involvement The State will review and approve the scope

of work for the consultant prepanng the preliminary engineering for the County

5. FUNDING RESPONSIBILITIES

A The total estimated costs associated With the preliminary englneenng of the Project IS

$310,375

B The State will be responsible to secure the federal share of funding required for the

preliminary engineering of the Project The federal share for preliminary engineering of the

Project IS eighty percent (80%) of the total estimated eligible cost of preliminary

engineering, not to exceed $248,300 The County will be responsible for twentY_Qgr:~':lt

(20%) of the total estimated cost of preliminary engineering, plus thelrshare of the State's

review cost and the State's Indirect Cost Recovery Plan The County will also be

responsible for any non-federal participation costs associated With the Project

C The estimated preliminary engineering review cost to be Incurred by the Texas

Department of Transportation IS $21,726 Upon execution of thiS agreement, the County

will submit a check or warrant made payable to the "Texas Department of Transportation"

In the amount of $4,345, which amount IS based on twenty percent (20%) of the estimated

preliminary englneenng review cost These funds will be utilized by the State to review the

englneenng documentation, and cover other Incidental costs

D The County shall make progress payments to the consultant and submit the completed

preliminary englneenng to the State for review and approval The County shall retain and

submit to the State all cost documentation assOCiated With the development of the

completed preliminary englneenng 11/6/00 Page 5 of 13 E The State shall reimburse the County funds which have been Incurred and are

applicable to the federal cost sharing arrangement established herein The Payments to

the County for services rendered Will be made monthly based upon the County's approved

monthly progress report and Itemized and certified statements (Texas Department of

Transportation Fonm 132, or an InVOicethat ISacceptable to the State) detailed to show the

names of employees, time worked, actual work perfonmed and actual rates Monthly

statements should Include authonzed non-salary expenses With supporting Itemized

inVOices The County shall comply With the cost principles established In OMS Circular A-

87, "Cost Principles for State and Local Governments"

F The Itemized and certified statements shall show the total amount earned to the date of

submiSSion and the amount due and payable as of the date of the current statement Final

payment of any money due should be made to the County after satisfactory completion of

all services and obligations covered In thiS contract, including acceptance of work by the

State and completion of final audit Final payment does not relieve the County of the

responsibility of correcting any errors and/or omiSSions resulting from negligence

G The original Form 132, or an inVOicethat ISacceptable to the State, and four (4) copies

should be submitted directly to the District Office to expedite processing Upon receipt and

approval of each statement, the Department shall pay the amount which IS due and

payable Within thirty (30) days time

H The State Will perform an audit of all costs associated With the Project In the event

additional funding IS reqUired by the County at anytime dUring the Project, the County Will

provide the funds Within thirty (30) days from fecelpt of the State's written notification In

the event any funds are due the County, the State Will promptly make arrangements to

provide the funds to the County

6. INDIRECT COST RECOVERY PLAN 11/6/00 Page 6 of 13 SectIon 2106, Texas Government Code, requires the State to recover Indirect costs based

on a percentage of the State's actual direct costs to complete the Project The Indirect

costs will be In accordance with the State's Indirect Cost Recovery Plan and Will be based

on the County's funding percentage provided herein The Indirect cost recovery rate In

effect for thiS project ISzero

7. OWNERSHIP OF DOCUMENTS

Upon completIon or termination of thiS agreement, all documents prepared by the County

shall remain the property of the County and 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 restnctlon or limitation on their further use

8. TERMINATION

A ThiS agreement may be terminated by any of the follOWing cond/lions

(1) By mutual wntten agreement and consent of both parties

(2) By either party, upon the failure of the other party to fulfill the obligation as set

forth herein

B The termination of thiS agreement shall extinguish all nghts, duties, obligations and

Iiabllllles of the State and County under thiS agreement If the potential termination of thiS

agreement IS due to the failure of the County to fulfill ItS contractual obligations as set forth

herein, the State Will notify the County that possible breach of contract has occurred The

County should make every effort to remedy the breach as outlined by the State Within a

penod mutually agreed upon by both parties

11/6/00 Page 7 of 13 9. INDEMNIFICATION

To the extent permitted by law, the County shall Indemnify and save harmless the State, its

officers, employees, agents and contractors from all claims and liabilities due to the

activities of the County, Its officers, employees, agents and contractors performed under

thiS agreement and which result from an error, omiSSion or negligent acts of the County, ItS

officers, employees, agents or contractors Additionally, to the extent perrmtted by law, the

County shall save harmless the State, ItS officers, employees, agents and contractors from

any and all expenses, Including attorneys fees and court costs which may be Incurred by

the State In litigation or otherwise resisting said claim or liabilities which might be Imposed

on the State as the result of such actiVities by the County, ItS officers, employees, agents or

contractors

10. AMENDMENTS

Any changes In the lime frame, character, agreement prOVISions or obligations of the

parties hereto shall be enacted by wntten amendment executed by both the County and

the State

11. 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 prOVISionshereof and thiS agreement shall be

construed as If such Invalid, Illegal or unenforceable prOVISion had never been contained

herein

12. NOTICES

All notices to either party by the other reqUired under thiS agreement shall be delivered

personally or sent by certified U S mall, postage prepaid, addressed to such party at the

follOWing respective addresses 11/6/00 Page 8 of 13 State Texas Department of Transportation POBox 1386 Houston, TX 77251-1386

or 7721 Washington Avenue Houston, TX 77007

County Fort Bend County 201 Payne Lane POBox 148 Richmond, TX 77406

All notices shall be deemed given on the date so delivered or so deposited In the mall,

unless otherwise provided herein Either party hereto may change the above address by

sending written notice of such change to the other In the manner provided herein

13. SOLE AGREEMENT

ThiS agreement constitutes the sole and only agreement between the parties hereto and

supersedes any prior understandings or written or oral agreements respecting the within

subject matter

14 REMEDIES

Violation or breach of contract terms by the County shall be grounds for termination of the

agreement, and any Increased cost arising from the County's default, breach of contract, or

violation of terms shall be paid by the County ThiS agreement shall not be considered as

specifying the exclUSive remedy for any default, but all remedies eXisting at law and In

eqUity may be availed of by either party and shall be cumulative

15. INSPECTION OF COUNTY'S BOOKSAND RECORDS

The State Will, for purpose of termination of the agreement pnor to completion, examine the

books and records of the County for the purpose of checking the amount of the work

performed by the County at the time of contract termination The County shall maintain all

books, documents, papers, accounting records and other documentation relating to costs

Incurred under thiS agreement and other documentation relating to costs incurred under 11/6/00 Page 9 of 13 this agreement and shall make such matenals available to the State, Federal Highway

Administration (FHWA) or ItS duly authonzed representatives for four (4) years from the

date of final payment under this contract or until Impending litigation IS resolved

Additionally, the State, FHWA, and ItSduly authonzed representalives shall have access to

all records of the County which are directly applicable to this agreement for the purpose of

making audits, eXaminations, excerpts, and transcrlplions

16. OMS A-133 AUDIT REQUIREMENTS

The County 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

No A-133

17 PROCUREMENT STANDARDS

The County shall adhere to the procurement standards set forth In Title 49 CFR Part

1836

18. PROPERTY MANAGEMENT STANDARDS

The County shall adhere to the property management standards set forth In Title 49 CFR

Part 18 32

19. COMPLIANCE WITH LAWS

The County shall comply with all Federal, State, and local laws, statutes, ordinances,

rules and regulations, and the orders and decrees of any court, administration bodies, or

tribunals In any matter affecting the performance of the agreement

11/6/00 Page 10 of 13 20. CIVIL RIGHTS COMPLIANCE

The County shall comply with the regulatIons of the Department of TransportatIOn as

they relate to nondlSCnmlnatlon (49 CFR 21 and 23 CFR 710405 (B)), also Executive

Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order

11375 and as supplemented In the Department of Labor regulatIons (41 CFR 60)

21. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS

The County shall comply with the "Mlnonty Business Enterpnse Program Requirements"

established In 49 CFR Part 26

22. DEBARMENT CERTIFICATIONS

The County IS prohibited from making any award at any tier to any party which IS

debarred or suspended or otherwise excluded from or Ineligible for participation In

Federal assistance programs under Executive Order 12549, Debarment and

Suspension The County shall require any party to a subcontract or purchase order

awarded under thiS contract as specified In Title 49 of the Code of Federal RegulatIon,

Part 29, (Debarment and Suspension) to certify ItSeligibility to receive Federalfunds and,

when requested by the State, to furnish a copy of the certification

23. SIGNATORY WARRANTY

The slgnatones to thiS agreement warrant that each has the authonty to enter Into thiS

agreement on behalf of the entity they represent

11/6/00 Page 11 of 13 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts

Typed Name

Title

, ,- !. ~ ,•••• "

11/6/00 Page 12 of 13 THE STATE OF TEXAS

Executed for the Execulive Director and approved for the Texas Transportation Commission under the authority of Minute Order No 100002 and Administrative Circular 26-93 and superseded by Stand Alone Manual Notice 00-3, for the purpose and effect of activating and/or carrying out the orders, established poliCiesor work programs heretofore approved by the Texas

Transportation Commission

By _

Jennifer D Soldano Director Contract Services Office

Date

11/6/00 Page 13 of 13 \..

-' I ~ - \ , Jones'. Creek

END PROJECT

~ ~--

, i

--.--=- ______90A-

EXHIBIT A CSJ 0543-02-051 FM359 From US 90A to Jones Creek 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT

,)istrict· Houston

Type of Amendment: Administrative TPC _---=--'----_x STIP Revision X

Program: CMAQ STP ---=.;X=---- __ TRANSIT __ OTHER _

Highway: _V.;...=..:A=---- TIP Number: CSJ: 0912-00-946

Limits: At various locatIOns

Type of Work: PE EA set aside

Requested Amendment: Split out 17 preliminary engineering/environmental analysis projects as shown in the attached table. The remaining lump sum project will have a balance of $77,991.

2000-2002 TIP Amendment Number: 101

Approved By:

~&J[ 4/~o C;JW.-~ ?/12-1::M oJ u Alan Clark Date Carol W. Nixon., .E. Date MPO Director Director of District Houston-Galveston Area Cow.lcil Transportation Planning TxDOT, Houston District

Tom.d-

EXHIBITB PAGE 1 OF3 PAGE 1 04/11/00 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT 101 HOUSTON-GALVESTON MPO

ORIGINAL <:5) NAME OR DES1GNA nON APPN CAT 1 COST I fEDERAL PRO) 10 DISTRICT LOCATION (FROM) APPNCAT2 COST2 STATE LErDATE COUNTY LOCATION (TO) APPN CAT 3 COST3 LOCAL RVNDATE CITY DESCRJPTION Of WORK APPN CAT 4 COST 4 LCLCONTRJB PHASE COMMENTS TOTAL FY 2001 0912..()()..946 VA S1P-MM 16,767000 I5.-HJ.600 HOUSTON VARIOUS $0 $0 0812001 HAIUUS $0 $1.353,<400 OTIlER PE EA SET ASIDE $0 $0 C.E.R .cc STP-MET'RO $6,167,000

AMENDED <:5). NAME OR DESIGNA nON APPN CAT 1 COST 1 fEDERAL PRO) 10 D{5TRJCT LOCATION (FROM) APPNCAT2 COST2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT3 COST 3 LOCAL RVNDATE CITY DESCRJPTION OF WORK APPN CAT 4 COST 4 LCLCONTRJB PHASE COMMENTS TOTAL FY 2001 0>4)..(J2-900 FM3:i9 S1P-MM 5310.375 S248,.300 HOUSTON US 90 $0 $0 0812001 fORTBrnIl )ONESCREEK $0 $62.015 0<12000 OTIlER PREI..IMrnARY ENGINEERINGIENVIRONMENTAL ANAL YSlS SO so E - .cc STP-MEiRO MOB 1310.315 09[2-31-910 CR S1P-MM :5285,000 =.00<1 HOUSTON COUNTY ROAD 403 FROM SH 288 $0 so osnOOt BRAZORIA FM&65 SO $57.000 0<1200<1 OTHER p~y ENGINEERlNGlENVIRONMENTAL ANALYSIS $0 SO E • 4C STP-METRo,UOB 1285,000 0912-J.4-904 CR S1P-MM ~$"3.613 1274,890 HOUSTON MASON ROAD FROM FM )59 $0 So 0812001 fORTBrnIl SH99 so 56".m 0<12000 OTHER PRELtMINAR Y ENGINFERING'ENVIRONMENTAL ANALYSIS So so E

AMENDED CSJ NAME OR DESlGNA nON APPN CAT! COST I FEDERAL PROJ ID DISTRICT LOCATION (FROM) APPNCAT2 COST2 STATE LET DATE COUNrY LOCATION (f0) APPN CAT3 COST 3 LOCAL RVNDATE CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCLCONTRIB PJ-lASE COMMEm"S TOTAL 0912-71-927 cs STP-MM S4S,!)OO S390 560 HOUSTOH ON GElllIORN FROM WOODFOREST SO SO 08/2001 HARRIS MCCARTY $0 S97.~O 0412000 OTHER PRELIMINARY ENG1:NEE1UNG/EN1I1RONMENTAL ANAL ¥SlS $0 $0 E

EXHIBITB PAGE30F3 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF FORT BEND §

RESOLUTION

On tlus the \d.~ay of December, 2000, the CommissIOners' Court, actmg as the governmg body of Fort Bend County, Texas, at a regular me~ motion of CommissIOner \f\ ~ \(),seconded by Commissioner 0 , duly put and earned

WHEREAS, Fort Bend County ("County") ISa member of the Houston-Galveston Area Council, a Metropohtan Planning OrganizatIOn ("MPO"), which IScharged With developmg transportatIOn plans and programs for urbanized areas of the State of Texas ("State"),

WHEREAS, the State and County desire improvements to FM 359 from US 90A to Jones Creek, the "ProJect",

WHEREAS, the Project was selected for federal fundmg under Category 4C, Metro MoblhtyfRehablhtatlOn Program for prehmmary engmeenng servIces;

WHEREAS, the County Wishes to participate m the Project m accordance with Federal Highway AdmInistratIOn and Texas Department of TransportatIOn reqUirements,

WHEREAS, the State of Texas Will secure the federal share m the amount of $248,300 00 which ISbased on 80% of the estimated cost for the prehmmary engmeenng reVIew,

WHEREAS, the State of Texas Will review the prehmmary engmeenng project and prOVide other Items as reqUired, and

WHEREAS, the County resolves to commit 20% of the estimated prehmmary engineenng review costs

NOW THEREFORE, BE IT RESOLVED AND DECREED by the CommissIOners' Court of Fort Bend County, Texas, that Fort Bend County has entered into an Agreement With the Texas Department of Transportation to participate m the development of the prehmmary engmeermg review for Improvements to FM 359 from US 90A to Jones Creek

PASSED AND APPROVED thiS the \ d.~ day of December, 2000

IlJ mObility projects res doc 3612120600

Exhibit "c" FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE n A DATE SUBMITTED: /7./<;//JO SUBMITTED BY: r. AGENDA • DEPARTMENT: k....~IJ.J~~ COURT AGENDA DATE: 12-/1'2)00• PHONE NO.: ?'f?-~o!>7 l~~~

RENEWAL CONTRACT/AGREEMENT: Yes () No ()

LIST SUPPORTING DOCUMENTS ATIACHED:

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Yes () No () N/A () One Time ()

FundIng Source: Recurring ( ) fund agcy Objectc...-- __ N/A ()

Original Form Submitted with baek up to County Judge's Offiee: Yes (y

CC wi~ back up: yes ('1Auditor (281-341-3774) yes ('1' Comm. Pet. 1 (281-342-0587) yes ({Budget Offieer (281-344-3954) yes (..yComm. Pet. 2 (281-403-8009) yes (i County Attorney (281-341-4557) yes (JComm. Pet. 3 (281-242-9060) yes ({Purchasing Agent (281-341-8642) yes ('f Comm. Pet. 4 (281-980-9077) yes (1County Clerk (281-341-8697)

IInstructlOns for submitting an Agenda Reque>t:

Completely fill out agenda form, incomplete forms will not be processed. 2. 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. 3. All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.

RECOMMENDATION I ACTION REQUESTED: ..

I~*Texas Department of Transportation PO BOX 1386· HOUSTON, TEXAS 77251·1386· (713) 802·5000

November 14, 2000 CONTACT CONSULTANT

Fort Bend County CSJ 0543-02-051 FM 359 From US 90A to Jones Creek

Mr Jesse Hegemler, P E County Engineer Fort Bend County Engineenng Department 1124 Blume Road Rosenberg, Texas 77471-1449

Dear Mr Hegemler

You recently nominated the subject project to receive Federal funding for prehmlnary englneenng The subject project was selected for funding under the Category 4C Metro MoblhtylRehabIhtatlOn Program ThiS project Will be administered by the Texas Department of Transportation (TxDOT) In conjunction With your agency, One of the reqUIrements of all Federally funded programs IS that the sponsonng entity enters Into an agreement With TxDOT Please find attached a draft fundmg agreement We request that you review the agreement and provIde us With any comments that you may have We WIll mcorporate your comments Into the agreement and send you a final agreement for SIgnature

Recent discussIOns between TxDOT and the Metropohtan Plarmlng OrganizatIOn have indicated that there might be some confuSIOn concerning the scope of work for prehmlnary engineering It appears that some project sponsors may have Included final design costs In their estimated costs for the prehmlnary englneenng work Preparation of final design documents that could be used for bidding a project ISnot ehglble for Federal reimbursement at this time. The project must be selected to receive constructIOn funding before Federal funds can be expended on final deSign costs

Please find attached two example scope of works for recent projects In Sugar Land and In Pearland We request that you review these scopes and determine If there are Items of work that can be eliminated from your estimated costs for this project RedUCing the cost of the vanous projects could enable the MPO to fund the development of prehmlnary engineenng on other projects that were not onglnally selected We request that you give thiS matter your full attentIOn We may be able to fund one of your unfunded projects Please let us know If fundmg can be reduced from your project when you submit your comments on the draft agreement

An Equal Opportunity Employer Mr Alex G Sutton, III, P E November 14, 2000 Page 2

Another key reqUirement for recelvmg Federal funds for engmeenng work is that your process to select a consultant conforms to Federal cntena Please find attached a sample consultant selectIOn procedure that conforms to Federal gmdelmes We request that you adapt this procedure for use by your agency and that you formally submit thiS procedure to us for use on thiS project Some additional mformatIon concerning the consultant selectIOn procedure that has been excerpted from a recent TxDOT presentatIOn at the Houston Galveston Area Council has also been included for your informatIOn If your agency already has a consultant selection procedure that has been approved by TxDOT, we request that you proVide us WIth a letter indicatmg that you WIll use that procedure to select a consultant for thiS project

We need a copy of a resolutIOn or motion of the governing body of your agency that commits funds to this project This resolutIOn IS needed as Exhibit C to the agreement Please proVide this fundmg commitment when you send us the comments on the agreement

The MPO stipulated that the project sponsor must have executed a fundmg agreement with TxDOT wlthm one year of the approval of the project on the State TransportatIOn ImplementatIOn Plan (STIP) Projects that did not have an executed agreement m thiS time frame were subject to bemg cancelled The subject project was approved for funding m the STIP on June 15,2000 Thus, we are already well mto the one year penod We apologize for any delays m transmlttmg thiS draft agreement to you

We are anxiOUSto start these Important projects and look forward to your timely response to thiS letter

Please contact Mr Mark D. Patterson, P E., at (713) 802-5506, should you have any questions concernmg this matter

Smcerely,

ElVia R Cardmal, P E Manager of Consultant Contract AdmmistratlOn Houston Distnct

MDP.ha Attachments cc Mr Mark D Patterson, P E Mr Alan Clark, Houston Galveston Area CouncJi ·.

Fort Bend County CSJ 0543-02-051 FM 359 From US 90A to Jones Creek

THE STATE OF TEXAS §

THE COUNTY OF TRAVIS §

AGREEMENT

(SURFACE TRANSPORTATION PROGRAM·

METROPOLITAN MOBILITY REHABILITATION)

THIS 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,

Texas, hereinafter called the "County"

WITNESSETH

WHEREAS, the Intermodal Surface Transportation EffiCiency Act of 1991, ("ISTEA")

codified under Title 23 US C Section 101 et seq, establishes the National Intermodal

" Transportation System that IS economically effiCient and environmentally sound, provides the

foundation for the nation to compete In the global economy, and Will move people and goods In an

energy effiCient manner, and

WHEREAS, Title 23 U S C Section 133 establishes that Surface Transportation Programs

should be developed and Implemented by the State's Transportation Agencies, and

WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning

Organizations ("MPO's") and the State's Transportation Agencies develop transportation plans and

programs for urbanized areas of the State, and

WHEREAS, the County IS a member of the Houston-Galveston Area CounCil, a 1 Metropolitan Planning Organization, chartered under the laws of Texas, and

11/6/00 Page 1 of 13 WHEREAS, the State and the County desire Improvements to FM 359 From US 90A to

Jones Creek, as shown In "Exhibit A", to be hereinafter Identified as the "Project", and

WHEREAS, TItle 23 U S C Section 120 establishes that the federal share of funding for

Surface Transportalion Programs for urbanized areas will not exceed eighty percent (80%) of the

Project cost, and

WHEREAS, the County has offered to participate In the development of the preliminary englneenng, which Includes but not IS limited to environmental documentalion and clearances, public Involvement, all necessary environmental mitigation, and prOViding other necessary Items required by the State, and

WHEREAS, the State will secure the federal cost share, review the preliminary engineering, and provide other Items as required, and

WHEREAS, on the 28th day of April 2000 the Metropolitan Planning Organization

Passed Amendment 101 to the Transportation Improvement Program, which IS attached to thiS amendment as Exhibit B, that allocate Federal funds for the ProJect, and

WHEREAS, on the \-o.~day of ~, dco? the Fort Bend County Commissioners passed

Resolution NO _, attached hereto and Identified as "Exhibit C," authOriZing the county's partiCipation In the development of the Project, and

WHEREAS, the County and the State agree that completion of the preliminary engineering for thiS Project does not guarantee selection of the Project for Federal construction funding In the future, and

AGREEMENT

NOW, THEREFORE, In conslderalion 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

11/6/00 Page 2 of 13 1. CONTRACT PERIOD

This agreement becomes effective upon final execution by the State and shall terminate

upon complelion of the Project or unless terminated or modified as hereinafter provided

2. SCOPE OF PROJECT

The State and the County 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 meelings/hearlngs, and

any other work necessary to perform preliminary engineering

3. COUNTY RESPONSIBILITIES

A. The County Will prepare or cause to be prepared the Project's preliminary engineering,

Including enVIronmental documents necessary for the development of the Project

Development of the preliminary engineering shall Include, but not be limited to, preparing

the environmental assessment, right of way mapping, property deSCriptions, and schemalic

layout, performing field surveys, preparing a drainage study, and conducting public

meetings/hearings The deliverables reqUired by the County are all Items listed above

8 The County shall prOVide to the State environmental reports to be submitted to the

appropriate regulatory agency(s), proViding documentation to the satisfaction of these

regulatory agency(s) that the environmental problems have been remedied

C The County Will be responSible for the preparation of the environmental assessment,

however, the documents Will be reViewed and processed by the State The County Will be

responSible for the assessment, mitigation and remedlalion of any environmental problems

associated With the development of the Project Written certification from the appropriate

regulatory agency(s) that the enVIronmental contamination does not eXist or that any

environmental problems discovered have been remedied Will be reqUIred by the State All

costs associated With the remediation of the enVIronmental problems shall be the 11/6/00 Page 3 of 13 responsibility of the County

D The County shall prepare nght of way plat(s), property descnplions and other data as

needed to properly descnbe the nght of way which the County IS to acquire The nght of

way plat(s) and property descnplions shall be submitted to the State for approval pnor to

the County acqUlnng the necessary nght of way Tracings of the plat shall be retained by

the County for ItS permanent records

E The preliminary engineering shall be developed In accordance with the latest edition

and reVISions of the State's Highway Design DIvIsion Operalions and Procedures Manual

or the Amencan Association of State Highway and Transportalion Official's A Policy on

Geometnc Design of Highways and Streets, the Texas Department of Transportation's

1993 Standard Specifications for Construction of Highways, Streets and Bndges, federal

regulations for conformity with the Clean Air Act air quality requirements, the EPA-

Nalional Pollutant Discharge Elimlnalion System reqUirements, the Texas Accessibility

Standards of the Architectural Barriers Act and the Texas Manual on Uniform Traffic

Control Devices In addition, all englneenng work shall be prepared uSing the English

system of measurements Documents prepared for the purpose of public Involvement

shall be In the English umt system

F The County must comply with applicable State and Federal rules and procedures In

selection of the consultant to provide englneenng services for the Project and the

consultant selection procedure must have pnor approval by the Texas Department of

Transportation and the Federal Highway Admlmstratlon The State Will momtor the

County's consultant selection process for adherence to Federal rules and procedures The

consultant selected by the County shall be SUbject to the approval of the State The

County must submit a copy of the consultant's contract to the State for approval pnor to the

consultant starting work The County shall forward to the State a copy of the completed 11/6/00 Page 4 of 13 engmeenng and design plans for both phases of the Project for review

4. STATE RESPONSIBILITIES

The State will review all preliminary englneenng, process environmental documents, and

oversee any necessary public Involvement The State will review and approve the scope

of work for the consultant prepanng the preliminary englneenng for the County

5. FUNDING RESPONSIBILITIES

A The total estimated costs associated with the preliminary englneenng of the Project IS

$310,375

B The State will be responsible to secure the federal share of funding required for the

preliminary engineering of the Project The federal share for preliminary engineering of the

Project IS eighty percent (80%) of the total eslimated eligible cost of preliminary

engineering, not to exceed $248,300 The County will be responsible for twenty percent

(20%) of the total estimated cost of preliminary engineering, pius thelrshare of the State's

review cost and the State's Indirect Cost Recovery Plan The County will also be

responsible for any non-federal participation costs associated with the Project

C The estimated preliminary engineering review cost to be Incurred by the Texas

Department of Transportation IS$21,726 Upon execution of this agreement, the County

will submit a check or warrant made payable to the "Texas Department of Transportation"

In the amount of $4,345, which amount IS based on twenty percent (20%) ofthe eslimated

preliminary engineering review cost These funds will be utilized by the State to review the

engineering documentation, and cover other Incidental costs

D The County shall make progress payments to the consultant and submit the completed

preliminary engineering to the State for review and approval The County shall retain and

submit to the State all cost documentation associated with the development of the

completed preliminary engineering

11/6/00 Page 5 of 13 E The State shall reimburse the County funds which have been Incurred and are

applicable to the federal cost shanng arrangement established herein The Payments to

the County for services rendered will be made monthly based upon the County's approved

monthly progress report and Itemized and certified statements (Texas Department of

Transportation Form 132, or an Invoice that IS acceptable to the State) detailed to show the

names of employees, lime worked, actual work performed and actual rates Monthly

statements should Include authonzed non-salary expenses with supporting Itemized

Invoices The County shall comply with the cost pnnclples established In OMS Circular A-

87, "Cost Pnnclples for State and Local Governments"

F The Itemized and certified statements shall show the total amount earned to the date of

submission and the amount due and payable as of the date of the current statement Final

payment of any money due should be made to the County after satisfactory completion of

all services and obligations covered In this contract, Including acceptance of work by the

State and complelion of final audit Final payment does not relieve the County of the

responSibility of correcting any errors and/or omiSSions resulting from negligence

G The onglnal Form 132, or an Invoice that IS acceptable to the State, and four (4) copies

should be submitted directly to the Dlstnct Office to expedite processing Upon receipt and

approval of each statement, the Department shall pay the amount which IS due and

payable within thirty (30) days lime

H. The State will perform an audit of all costs associated with the Project In the event

additional funding IS required by the County at anytime dunng the ProJect, the County will

provide the funds within thirty (30) days from receipt of the State's wntten notification In

the event any funds are due the County, the State will promptly make arrangements to

provide the funds to the County

6. INDIRECT COST RECOVERY PLAN 11/6/00 Page 6 of 13 Section 2106, Texas Government Code, reqUires the State to recover Indirect costs based

on a percentage of the State's actual direct costs to complete the Project The Indirect

costs Will be In accordance with the State's Indirect Cost Recovery Plan and Will be based

on the County's funding percentage provided herein, The Indirect cost recovery rate In

effect for this project ISzero

7. OWNERSHIP OF DOCUMENTS

Upon completion or termination of this agreement, all documents prepared by the County

shall remain the property of the County and 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 restnctlon or limitation on their further use

8. TERMINATION

A ThiS agreement may be terminated by any of the follOWing condllions

(1) By mutual wntten agreement and consent of both parties

(2) By either party, upon the failure of the other party to fulfill the obligation as set

forth herein

B The termination of thiS agreement shall extinguish all nghts, duties, obligations and

liabilities of the State and County under thiS agreement If the potential termination of thiS

agreement IS due to the failure of the County to fulfill ItS contractual obligations as set forth

herein, the State Will notify the County that possible breach of contract has occurred The

County should make every effort to remedy the breach as outlined by the State Within a

penod mutually agreed upon by both parties

11/6/00 Page 7 of 13 9. INDEMNIFICATION

To the extent permitted by law, the County shall Indemnify and save harmless the State, rts

officers, employees, agents and contractors from all claims and liabilities due to the

actiVities of the County, Its officers, employees, agents and contractors performed under

thiS agreement and which result from an error, OmiSSiOnor negligent acts of the County, ItS

officers, employees, agents or contractors Additionally, to the extent permitted by law, the

County shall save harmless the State, Its officers, employees, agents and contractors from

any and all expenses, Including attorneys fees and court costs which may be Incurred by

the State In litigation or otherwise resisting said claim or liabilities which might be Imposed

on the State as the result of such activities by the County, ItS officers, employees, agents or

contractors

10. AMENDMENTS

Any changes In the lime frame, character, agreement provIsions or obligallons of the

parties hereto shall be enacted by wntten amendment executed by both the County and

the State

11 LEGALCONSTRUCTION

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

unenforceabllity shall not affect any other provisions hereof and thiS agreement shall be

construed as If such Invalid, Illegal or unenforceable prOVIsion had never been contained

herein

12. NOTICES

All notices to either party by the other required under thiS agreement shall be delivered

personally or sent by certified U S mall, postage prepaid, addressed to such party at the

following respective addresses 1116/00 Page 8 of 13 State Texas Department of Transportation POBox 1386 Houston, TX 77251-1386

or 7721 Washington Avenue Houston, TX 77007

County Fort Bend County 201 Payne Lane POBox 148 Richmond, TX 77406

All notices shall be deemed given on the date so delivered or so deposited In the mall,

unless otherwise provided herein Either party hereto may change the above address by

sending wntten notice of such change to the other In the manner proVided herein

13. SOLE AGREEMENT

ThiS agreement constitutes the sole and only agreement between the parties hereto and

supersedes any pnor understandings or wntten or oral agreements respecting the within

sUbject matter

14. REMEDIES

Violation or breach of contract terms by the County shall be grounds for termination of the

agreement, and any Increased cost anslng from the County's default, breach of contract, or

violation of terms shall be paid by the County ThiS agreement shall not be conSidered as

specifying the exclusive remedy for any default, but all remedies eXisting at law and In

equity may be availed of by either party and shall be cumulative

15. INSPECTION OF COUNTY'S BOOKS AND RECORDS

The State will, for purpose of termination of the agreement pnor to completion, examine the

books and records of the County for the purpose of checking the amount of the work

performed by the County at the time of contract termination The County shall maintain all

books, documents, papers, accounting records and other documentation relating to costs

Incurred under thiS agreement and other documentation relating to costs Incurred under 11/6/00 Page 9 of 13 this agreement and shall make such matenals available to the State, Federal Highway

Admlnlstralion (FHWA) or ItS dUly authonzed representatives for four (4) years from the

date of final payment under this contract or until Impending litigation IS resolved.

Addllionally. the State, FHWA, and Its duly authonzed representatives shall have access to

all records of the County which are directly applicable to this agreement for the purpose of

making audits, examinations, excerpts, and transcnplJons

16. OMS A-133 AUDIT REQUIREMENTS

The County shall comply With the reqUirements of the Single Audit Act of 1984, P L 98-

502, ensunng that the Single audit report Includes the coverage stipulated In OMS Circular

No A-133

17. PROCUREMENT STANDARDS

The County shall adhere to the procurement standards set forth In Title 49 CFR Part

1836

18. PROPERTY MANAGEMENT STANDARDS

The County shall adhere to the property management standards set forth In Title 49 CFR

Part 1832

19. COMPLIANCE WITH LAWS

The County shall comply With all Federal, State, and local laws, statutes, ordinances,

rules and regUlations, and the orders and decrees of any court, administration bodies, or

tribunals In any matter affecling the performance of the agreement

11/6/00 Page 10 of 13 20. CIVIL RIGHTS COMPLIANCE

The County shall comply with the regulations of the Department of Transportation as

they relate to nondiscrimination (49 CFR 21 and 23 CFR 710405 (B». also Executive

Order 11246 titled "Equal Employment Opportumty," as amended by Executive Order

11375 and as supplemented In the Department of Labor regulations (41 CFR 60)

21. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS

The County shall comply with the "Minority Business Enterprise Program Requirements"

established In 49 CFR Part 26

22. DEBARMENT CERTIFICATIONS

The County IS prohibited from making any award at any tier to any party which IS

debarred or suspended or otherwise excluded from or ineligible for participation In

Federal assistance programs under Executive Order 12549, Debarment and

Suspension The County shall require any party to a subcontract or purchase order

awarded under this contract as specified In Title 49 of the Code of Federal Regulation,

Part 29, (Debarment and Suspension) to certify ItS eligibility to receive Federalfunds and,

when requested by the State, to furnish a copy of the certification

23. SIGNATORY WARRANTY

The signatories to this agreement warrant that each has the authority to enter Into this

agreement on behalf of the entity they represent

11/6/00 Page 11 of 13 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts

L,L tt)16!fltECBS Typed Name

I • 1,1,,1 " ~. \\" J ~ , l 1 ..~...'\. '.,...... ~.... '. :- .J.- .> ;:'.... ATTEST ~~:. -:. ;',: ~ c::.: ~. .~;. 0., -'..-':./....<: ...... " '

11/6/00 Page 12 of 13 THE STATE OF TEXAS

Executed for the Executive Director and approved for the Texas Transportation Commission under the authonty of Minute Order No 100002 and Administrative Circular 26-93 and superseded by Stand Alone Manual Notice 00-3, for the purpose and effect of activating and/or carrying out the orders, established poliCiesor work programs heretofore approved by the Texas

Transportation Commission

By _

Jennifer D Soldano Director Contract Services Office

Date

11/6/00 Page 13 of 13 • ~'',~,! \ ,~ ~ \ 1 i \ , ~ ~'+ ...- ~ \ -" .....~ -~ - ~ -" 1 --~ ~,~ Jones Creek

END PROJECT

-o

BEGIN PROJECT _."- \

EXHIBIT A CSJ 0543-02-051 FM359 From US 90A to Jones Creek 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT

"listrict: Houston

Type of Amendment: Administrative TPC _--=.0--_x STIP Revision _~x=---_

Program: CMAQ STP -=..:X'-- __ TRANSIT __ OTHER _

Highway: ~e:..--___VA TIP Number: _ _ CSJ: 0912-00-946

Limits: At various locations

Type of Work: PE EA set aside

Requested Amendment: Split out 17 preliminary engineering/environmental analysis projects as shown inthe attached table. The remaining lump sum project will have a balance of$77,991.

2000-2002 TIP Amendment Number: 101

Approved By:

~~(gj[ 4/~/Oo &JW.~~ ?II]....!?.LJ c) L> Alan Clark Date Carol W. Nixon, .E. Date MPO Director Director of District Houston-Galveston Area Council Transportation Planning TxDOT, Houston District .<,)0><1 J1 Tom Reid Secretary Transportation Policy Council

EXHIBITB PAGE 1 OF3 PAGE 1 04111100 2000-2002 TRANSPORT AnON IMPROVEMENT PROGRAM AMENDl\1ENT 101 HOUSTON-GALVESTON MPO

ORIGINAL cs} NAME OR DESIGNATION APPN CAT 1 COST I fr:DERAL PRO} 1D DISTRICT LOCATION (FROM) APPN CAT 2 COST 2 STATE LET DATE COUNTY LOCA nON (TO) APPN CAT] COST] LOCAL RVNDATE CITY DESCRlPTION OF WORK APPN CAT 4 COST 4 LCLCONTRlB PHASE COMMlNfS TOTAL FY2001 0912..00-946 VA SlP-MM $6,767.000 S~.4LJ,600 HOUSTON VARIOUS sa sa 0&'2001 HARRIS sa SI,3$1,'oo 0n

AMENDED cs}· NAME OR DESIGNA nON APPNCAT 1 COST 1 FEDERAL PRO! 10 DfSTR.ICT LOCA nON (FROM) APPN CAT 2 COST 2 STATE LET DATE COUNTY LOCAnON(TO) APPNCATJ COST] lOCAl RVNDATE CITY DESCRlPTION OF WORK APPN CAT 4 COST 4 LCLCONTRlB PHASE COMMlNfS TOTAL FY2001 OS4J~2~900 FM359 SlP-MM S310.,375 S148,.)OO HOUSTON US 90 SO so 08/2001 FORT BEND IONESCREEX so 162,07' 0

AMENDED CS) NAME OR DESIGNA nON APPN CAT 1 COST 1 FEDERAL PRO) ID DlSTIUCT lOCA nON (FROM) APPNCAT2 COST2 STATE ltrDATE COUNTY LOCA nON (TO) APPN CATJ COSTJ lOCAl RVNDATE cnY DESCRIPTION OF WORK APPN CAT 4 COST 4 lCl CONTRIIJ PHASE COMMENTS TOTAl 0912-71-927 cs STP-MM $488)00 $390 560 HOUSTON ON GEllHORN FROM WOOOFOREST SO SO OsnOOI IIARRJS MCCARTY SO $976<10 0<12000 0TI/E2I. I'REUMlNARY ENGlNEERCNGlENVIRONMENTAL ANiU. YSlS SO SO E cc Sll'-METRO MOB $488)00 0912-71-943 cs STP-MM S4~O.OOO $352,000 HOUSTON GREENS ROAD FROM ALOlNE WESTFIElll (a.) so so 0812001 IIARRJS IfK so $8&000 0<12000 OtHER PRELIMINARY ENGlNEERlNG'ENVlRONMENTAL ANALYSlS so so E ..C S1P·METRO MOB $.oC40,OOO 0912-71-946 cs S11'-MM $468,750 $375,000 HOUSTON PINEMONT FROM TC JESTER so so 08/2001 IIARRJS EllA so $93,150 0

EXHIBITB PAGE 3 OF3 , ,

ATTACHMENT A

SERVICES TO BE PROVIDED BY THE CITY Wldemng of DIXie Farm Road from Beamer Road to SH 35

The City of Pearland, either from its own sources or through the Texas Department of TransportatIOn (TxDOT) Will furnish to the Engmeer the following items upon request and on a urnely, responsive schedule.

1. FurnIsh available survey honzontal control pomts m the project area

2 Furnish survey bench mark elevatIOns and descriptIOns for vertical control In the project area

3. FurnIsh data that the CIty or TxDOT has on file concerning tlus proJect, mcludmg "as- buLlt" plans of Beamer Road, FM 518, SH 35 and existmg DIXIe Farm Road

4. FurnIsh eXlstmg rIght-of-way plans for DIXie Farm Road, Beamer Road, FM 518, and SH 35

5 Furnish mterface data for any projects adjacent to this project

6 Furnish a tabulation of twelve month movmg average unit pnces statewide and for the Houston District of TxDOT

7. Furnish a cover sheet for the preliminary RJ.ght-of-Way requirement maps

8. Furnish a copy of the Major Thoroughfare Plan for the region

9. Furnish zoning maps or land use masterplans of the area

10. Furnish study reports of data on econorruc conditions and characteristIcs, such as descriptIOns of the work force, commercial and industnal acUvltles and theIr contnbutlOn to the area's economy

II. Furnish population data and study reports addressing mstoric and projected populatIOn distribution by age, gender, ethruc background, etc

12 AsSiSt the Engineer, as necessary, m order to obtam the required data and mformation from other local, regional, State and Federal agencies that IS not easily obtained by the Engineer.

13. Furnish existing aenal photography and mapping of the Dixie Farm Road corridor · .

ATIACHMENT B

SERVICES TO BE PERFORMED BY mE ENGINEER Widening of Dixie Fann Road from Beamer Road to SH 35

The work to be perfonned by the Engineer under this contract shall consiSt of the development of aItemative cross sections for preliminary design, the study of a preferred design concept for the portion of the route within the Brio Superfund site, the determination of pre1uninary right-of-way requIrements, the preparation of an environmental assessment, and participatIon in a pub1J.cinvolvement program including a public meeting and public hearing with the preparauon of the necessary exhibits, drawings and reports for Widening Dixie Farm Road in Brazoria and Harris Counties from Beamer Road to SH 35 in Pearland.

'The scope of work for engineering and planning services for widerung Dixie Fann Road within the limits specified above will also include the development of a traffic analysis of the area influenced by the improvements as required for performing SOY justification study, and a preliminary drainage analysis of the drainage channels crossing the route (Mud Gulley, Gear Creek, Mary's Creek, Mary's Creek Bypass and Cowart Creek).

The Engin= will provide quahfied personneL equipment, materials and supplies required to detennine the most feasible design for the new facility in accordance WIth the requirements, policies and general practices of the City of Pearland and of the Texas Department of Transportation (TxDOT). The Engineer will provide overall project supervision, management. administration and coordination and will be the single source of contact between the Owner and all subcontractors. The Engineer will perform all project planning, review all work performed by subcontractors, coordtnate and conduct all meetings and prepare and submit all project reports and documents.

'The work under this contract will be performed in accordance with the attached Exhibit A (WORK OUTI.INE) and will be completed in ten (10) months after =ipt of written notice to proceed as shown on Attachment C (SCHEDULE). It is also the intent of Exhibit A, in coordination with Attachment B, to help to clarify the scope of work. Payment to the Engin= for services under this contract will be stated in Attachment D.

Schematic Layout

Route location studies will be conducted for the purpose of preparing schematic layouts for the study of alternative cross sections, drainage and right-of-way requirements pIus the "no- build" alternative for Dixie Farm Road from Beamer Road to SH 35. These studies will be conducted while working closely with the City of Pearland and TxDOT. The portion of the alignment which lies within the BRIO Superfund site will be studied for an aIternative alignment. The aligument alternative will be developed after analyzing existing conditions including environmental considerations, traffic projections, right-Of-way requirements, land use patterns, floodplain impacts and construction costs. The portion of the route south of the BRIO site to SH 35 will be studied for alternative cross sections only within the current alignment,

1 of 5 The data base to be used for the aIlgnment stud1es will be on aerial photography provIded by the City of Pearland. The portion of mapping beyond the Pearland city limits to Beamer Road will be mapped from existmg aerial photography as part of this project. All required mapping will be developed based on the metric system of measurement using slrmght conversions of horizontal and vertical data. Preluninary studies for the WIdening alternative will be conducted and presented on photo mosaic prints from the photogramrnetry provided by the City. The Engineer shall develop the following for the widening alternative:

A A schematic layout on photomosaic reproducIble prints

B. Preliminary right-of-way requirements

C. Construction cost estunates

D. Traffic data as needed for SOY justification

F. Number of displacements (if applicable)

Two studies will be conducted as a part of the process requIred to develop preltminary schematic designs. A traffic study will be prepared to develop current and projected traffic demands for widening Dixie Fann Road as needed for SOY Justification. The study will utilize data available from appropnate agencies but will not include traffic SIgnal warrants or traffic modeling. A preliminary dramage study to determine roadway cross sections and drainage outfalls will also be required. The analysis will determine the impact of the improved facility on Mud Gully, Clear Creek, Mary's Creek, Mary's Creek Bypass, and Cowart Creek. The study will also establish the criteria necessary to determine the roadway profile and length of structure required to minimize the impact on the effected waterways.

The preliminary drainage study will include the following: (1) profIle of the existing roadway for the length of the project, (2) tentative profile of proposed roadway, (3) proftle of existing ground along the proposed right-of-way lines, (4) water surface elevation for the 2, 5, 10, 25, 50 and lOO-year design frequencies. The profiles will be plotted on the same profile drawing to provide a view of the roadway/existing ground elevations with respect to the various design frequencies for the length of the project The most feasible roadway proftle will be determined.

Water surface elevations for the drainage channels within the project limits shall be obtained from Hanis County and Brazoria County existing hydraulic models. The 25-year water surface elevation will be interpolated between the 10-year and 50-year elevations. Any deviation of water surface elevation from existing hydraulic models will be coordinated with TxDOT, City of Pearland. Harris County and Brazoria County Drainage District No 4.

The prelirninary studIes for widening the roadway will be presented and discussed at a public meeting. From these preliminary concepts presented to the public a preferred alternative and cross sections will be developed.

A fInal schematic layout of the reGommended alternative thru the BRIO Superfund site and

2 of 5 preferred cross sections for the remainder of the route will be prepared. In addition to the allgnrnent, the layout will show the location and description of any required signs, traffic diagrams for each significant intersection, and a typical section to completely describe the geomelnc design of the facility.

1be data base for the preparatlon of the schematic layout will be existing planimetric and topographic mapping 10 computer graphics format. Existing planimetric information will be converted to the metric system of measurement (straight conversion). Intergraph MicroStation Computer-Aided Drafting (CAD) equipment will be used to prepare the final presentation. As an end product, the Engineer will provide a reproducible original as well as computer graphics files in the :M:icroStation design file format from which the reproducible plan was plotted. The graphics files subruitted must be compatible with TxDOT's MlcroStation Computer-Aided Drafting System without conversion and must plot consistent with the reproducible plots submitted..

A brief engineering report will be prepared containing traffic data, constroctlOn cost estimates and preliruillluy drainage studles.

A prelirnilllllY right-of-way requirements map will be prepared based on deed records, llmited field surveys and the existing planimetric maps.

Enylronmental Documents

The Engineer will prepare an Environmental Assessment (EA) in accordance with 43 Texas Administrative Code (TAC) 11.80-11.90 and the Code of Federal Regulations, Title 23, Part 771. The format and content will be in accordance with FHW A Technical Advisory T6640.8. The EA will undertake, but not necessarily be Iiruited to, the following investigations regarding impacts on the environment of the proposed facility: - Ecological Investigations - Noise and Air Quality Analysis - Hazardous WastelSubstances Investigations - Cultural Resources Investigations - SOY Justification

TIle EA documents shall also meet the following requirements:

1. The Brio Refining, Inc. (Brio) and the Dixie Oil Processors, Inc. (DOP) superfund site remedial design and remedial action will have been completed prior to commencing construction of the project Available reports will be reviewed for the superfund sites, but no additional testing will be petformed in this area by this contract. The environmental assessment will briefly summarize previous studies on the Supetfund sites.

2. The EA documents will contain descriptions, analyses and data including graphics, charts, tables, maps, and appendices, as necessary, to give an understanding of the findings and conclusions which were developed from the various environmental studies and investigations.

3 of 5 AS PER ORIGINAL 3. All quantities and other appropriate numerical data will be presented in metric units followed by English units in parenthesis. Exhibits will be limited to 297 millllneters by 4205 milluneters (11 inches by 17 inches) where possible.

4. The EA documents will be provided on paper (reproducible hard copy) and on formatted diskettes compatible with the appropriate word processing software programs and equipment (City of Pearland!fxDOn.

5. Three review copies, three draft copies (prior to public hearing) and six final copies (after public hearing) of the EA document will be provided.

Included as a part of the environmental investigations, the Engineer will prepare a Smgle Occupancy Vehicle (SOV) Analysis of the facility to be included as an appendix to the environmental documents. The analysis will include investigations and discussions of the following:

- HOV Analysis (if applicable) - Employer Trip Reduction (ErR) Ordmances - carpooWanpools • Transit - Park and Ride Lots - Left Turn Lanes/Signal Improvements . Commitments to Projects in the Corridor - Benefits to Existing Adjacent and Parallel Facilities - Effects of TSM on parallel facilities

Public Inyolvement

All public involvement prooedures shall be in accordance with 43 Texas Administrative Code (TAC) 11.80-11.90 and the Code of Federal Regulations Title 23, Part 771. The Engineer will advertise for and provide information to the pUblic regarding the project at one (1) pUblic meeting and one (1) public hearing.

At the public meeting. the Engineer will p~are for display appropriate exhibits of the alternative cross sections for widening Dixie Farm Road. Exhibits will be prepared in dual units (English and Metric). The Engineer will discuss the alternatives (cross section and BRIO site alternatives and the "no build") and will afford the public an opportunity to ask II , questions and provide input into the development of the project. During the meeting the Engineer will pz:epazt: a color video tape and separate audio recording of the proceedings, provide technical staff to assist in answering questions regarding project development and prepare minutes (paraphrase) of the proceedings in a written document Comments received during the meeting will be analyzed and a Public Meeting Summary mailed to all persons on the mailing list .

At the public hearing, the Engineer will present the recommended plan with preliminary right- of-way requirements, During the hearing the Engineer will prepare a color video tape and audio r=

4 of 5 the proceedings, analyze each of die comments receIved and prepare Publrc Hearing Summary and response report. Each comment received during the public hearing process will be analyzed and included in the Public Heanng Summary and Analysis cover memo to the Final Environmental Assessment.

The standard critena and guidelines to be followed en the preparatIon of the schematic design, environmental documents, engineering reports, and en conducting pub1J.cinvolvement activities are as follows:

A. Standard Specifications for Construction of Highways, Streets, and Bridges - TillOr B. Highway Design Operations and Procedures Manual - TxDOT C. Bridges and Structures Operations and Planning Manual - TillOT D. Bridges and Structures Hydraulic Manual - TxDOT E. A Policy on Geometnc Design of llighways and Streets ("The Green Book") - AASHTO F. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB) G. Technical Advisory T6640.8A • FHWA H. Noise Guidelines - TillOT L Arc Quallty Guidelines - TxDOT J. Texas Manual on Uniform Traffic Control DeVIces - TxDOT K. Right of Way, Right of Way Manual- Book r - TillOT" L. Right of Way, Right of Way Manual - Book n- TxDOr M. Code of Federal Regnlations, Title 23 - "Highway" - Federal Register

• Preliminary right-of·way requirement map will be prepared based on deed records and existing planimetric maps. Right-of-way maps will not be tied to state plane coordinate system at this Stl!8e of project.

The office of Walsh Engineering, Ine. at 2010 E. Broadway in Pearland will be used as the headquarters for the wcrrk effort on the project.

The Engineer will provide to the City for its use or for submittal to the State the following deli verables:

A. PC diskette(s) utilizing WordPerfect 6.0 fonnat (or equivalent) all word processing documentation in regard to this project with a Table of Contents for each disk.

B. Frnal Environmental Assessment

C. All requested workmg drawings

D. Reproducible of the schematic layout

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WORK OU1LlNE Widening of Dixie Farm Road from Beamer Road to SH 35

The following is a Work Outline that will detail the procedures that will be followed to accomplish the major tasks in preparing a schematic, Environmental Assessment and informing the public regardmg widening Dixie Farm Road from Beamer Road to SH 35.

I. DATA COLLECTION

A. Obtain the data from the City as outlined in Attaehment A.

B. Obtain data from FEMA, local flood control districts andlor other agencies involved in the activitIeS associated with Mud Gulley, Clear Creek, Mary's Creek., Mary's Creek Bypass and Cowart Creek.,

C. Obtain local and regional transportation planning documents from appropriate agencies (counties, H-GAC, Metro. etc.),

D. Conduct field reconnaissance and collect data including photographic record of notable features, specific field measurements as required, etc.

E. At the appropriate time, gather environmental data as it applies to air and water quality, geology and noise, n. FIELD SURVEYs/AERIAL PHOTOGRAMMETRV

A. Aerial Mapping

1. Obtain from the City existing aerial photographs and planimetric mapping for the portion of the corridor within the City of Pearland

2. Complete planimetric maps for the roadway within Harris County using the City's existing aerial photogranunetrics.

3. Convert existing and addItional planimetric maps to the metric system using straight conversion.

I of 8 B. Rtght-of-Way Data

1. Data will be gathered mcluding maps, deeds, and other information concerning current land ownership. easements and rights-of-way for properties that may be ~uired. Based on the information gathered an abstract map will be prepared.

2. Establish traverse control points from Beamer Road to SH 35. Adjustments will be made on traverse lines based on the GPS control statlons established by the City.

3. Recover evident property comers along eXlSting right-of-way and relate them to control line.

4. Found property comers will be used to graplucally overlay abstract map with the City's planimetric maps.

C. Design Surveys

1. Hydrographic surveys will be performed on Mud Gully, Clear Creek, Mary's Creek, Mary's Creek Bypass and Cowart Creek. Cross sections will be developed at 30 meter (100 foot) intervals beginning 165 meters (500 feet) npstream and ending 165 meters (500 feet) downstream. The horizontal and vertical controls for this work will be the City'S GPS control stations m. DEVELOP SCHEMATIC CONCEPTS

A. ldentifylStudy Proposed Alternative

1. Using existing aerial photographs, develop alternative cross sections for the widening of existing Dixie Farm Road south of the BRIO Superfund site to SH 35. For the portion of the route thro the BRIO site, develop alternative alignments.

2. Study the alignment as it pertains to the following:

a Feasible connections with appropriate planned/existing cross streets, major thoroughfares and state highway facilities.

b. Impact on the existing flood plainlfloodway of Mud Gulley, Clear Creek, Mary's Creek, Mary's Creek Bypass, and Cowart Creek.

c. Impacts on the natural. recreational, historical, socio-econoll1lc or otherwise sensitive environment

d. Impact of the BRIO Refining, Inc. and Dixie Oil Processors, Inc. Superfund sites.

20f8 e. Access to adjacent propemes and development.

f. Any proposals for right-of-way donations.

g. Impacts on major utilities and/or pipelines.

h. Capacity for proposed traffic.

L Secondary impacts of traffic on adjacent neighborlloods.

j. Cost of construction

3. A narrative generally d=ribing the results of the study will be prepared and included in the Environmental Assessment and in the engineenng sununary report.

B. Seleet1Refme Preferred Alternative

1. The alternatlve cross sectlons for widening of the existing roadway and alternative alignments thru the BRIO site will be presented to the public m a scheduled meeting. Input will be noted and considered during the selection of the preferred alternative.

2. After review by the City and TxDOT of the results of stuches conducted on the widening alternatives, inclUding input received from the public meeting, the widening alternative will be finalized.

3. Refinement will include the preparation of a schematic layout on existing planimetric mapping and in conformance with City and TxDOT criteria for submittal for review and approval. The horizontal and vertical geometry will be determined graphically OIlthis layout aIld will be shown alOIlg with preIimiIlary right-of-way requirements, typical sections, traffic and signing.

4. Prepare a construction cost estimate for the preferred alternative. The cost estimate will be prepared using current unit prices provided by the City and/or TxDOT.

C. Traffic Analysis

1. Determine current traffic demands required for SOY justification

a. Obtain available traffic data on existing thoronghfares in the vicinity of Dixie Farm Road from TxDOT, H-GAC, Harris County, Brazoria County and City of Pearland.

3 of 8 echanically record 24·hour du:ectional traffic counts at several locations in AS PEA ORIGINAL e vicInity wluch will impact the proposed facility.

lentify existing traffic generators and establish traffic patterns.

mine projected traffic demands.

)btain any traffic projections and/or assignment modeling data available :rom TxDOT andlor H·GAC III the vicinity of the proposed facility.

Utilizing TxDOT andlor H-GAC o:a.ffic assignment models and proposed growth rate factors, develop traffic projections and traffic assignments for the project for the Year 2015 (20 year projection only).

Develop Year 2015 design hourly volumes for the proposed facility. nus information will be shown on the schematic layout of the preferred alternative discussed above.

Unary Drainage Study

view readily available reports and/or studies prepared regarding the flow araeteristics of Mud Gulley, Clear Creek, Mary's Creek, Mary's Creek Bypass d Cowart Creek.

)ot'd.inate with applicable jurisdictions and resource agencies such as Harris ounty, Brazoria County, FEMA.. etc.

esearch Section 404 Pernut regulations that may be applicable to the project. erform the necessary preliminary drainage analysis for the purpose of establishing Ie profile and minimum span requirements for crossing the affected waterways ith the proposed facility.

ReView existing HEC-2 models and data available for the affected waterways. Establish the 25-year water surface elevation by interpolating between the IO-year and 50-year elevations. Any deviation of water surface elevation from existing hydraulic models will be coordinated with TxDOT, City of Pearland, Harris Couney. and Brazoria County Drainage District No.4.

Establishlidentify impacts of the lOO-year flood plain of the affected waterways on the proposed roadway.

Establish preliminary roadway profiles and structure openings.

40f8 '1$ PER ORIG/tW. d. Develop conclusions and recommendations related to the final design of the roadway and structures. Recommendations from the preliminary drainage analysis can be included III the environmental documents.

:NVIRONMENTAL DOCUMENTS

\. Environmental Assessment

1 An Enviroru:nental Assessment (EA) will be prepared in accordance with the provisions of the National Environmental Policy Act (NEPA) of 1969 and guidelines published by the Department of Transportation, Federal Highway Administration (FHW A Technical Advisory T6640.8A). The EA will contain descriptions, analyses, and data including graphics, charts, tables, maps, and appendices, as necessary, to give an understanding of the fmdings and conclusions which were developed from the various environmental studies and Investigations.

2. An assessment will be made of existmg conditions which Will include investigations of the following'

a. Ecological, econoIIllc and sociological investigations

b. NOise investigations.

c. Air and water quality investigations.

d. Hazardous wastes/substance assessments.

3. Environmental consequences of the proposed alternative will be discussed along with measures that would be considered in order to mitigate adverse impacts. Topics discussed will include, but not be limited to, the following:

a. Ecological consequences (wildlife and endangered species, vegetation, right-of- way requirements, floodplain and riparian ecosystems, water quality and wetlands).

b. Noise impacts

c. Air qualtty impacts

d. Hazardous waste impacts

e. Cultural resource impacts

f. Construction related impacts

50f8 g. Special permit requirements

h Brief surrunary of previous studies relating to the Superfund Sltes.

4. The Brio Refining (BRIO) and Dixie Oil Processes, Inc. (nOP) superfund site remedial design and remedlal action are cUIrently in progress. Available reports will be reviewed, but no additional testing will be performed within existing and/or recommended right-of-way in this area. It is assumed that ROW acquisition will be remediated by others. Additional testing if required will be in a future contract. Recommendations for any future testing will be made.

5. A Single Occupancy Vehicle (SOV) Analysis will be prepared and added as an appendix to the envirorunental document along with a Summary and Analysis of comments made at or after the public hearing. The SOV analysis will include investigations and disCUSSionsof the following.

a. HOV Analysis (tf applicable)

b. Employer Trip Reduction (ETR) Ordinances

c. CarpoolsN anpools

d Transit

e. Park and R1de Lots

f. Left Tum Lanes/Signal Improvements

g. Commitments to Projects in the Corridor

h. Benefits to Existing Adjacent and Parallel Facilities

L Effects of TSM on parallel facilities

6. All quantities and other nwnericaI data will be presented in metric units followed by English units in parenthesIS. Exhibits will be limited to 297 millimeters by 420.5 millimeters (11 inches by 17 inches) where possible.

7. The EA documents will be provided on paper (reproducible hard copy) and on forma1tJ:d diskettes compatible with the City's and TxDOT's word processing software programs and equipment.

8. Three review copies, three draft copies and six final copies of each EA document will be provided.

6 of 8 V. PU»LIC INVOLVEMENT

A. Public Meeting

1. It is anticipated that when the alternative concepts have been sufficiently developed. a public meeting will be scheduled and advertised in accordance with TxDOT requirements. The Engineer will be responsible for conducting the meeting with assistance from the City and TxDOT as required.

2. All materials and exhibits will be prepared in dual UNts by the Engineer and displayed at the public meeting

3. A photographic record color video and separate audIO recording of the meeting will be prepared along with a written document summarizing the proceedings.

B. PublIc Hearing

1 When the schematic layout has been completed and the draft EA approved, a pUblic hearing will be scheduled and advertised in accordance with TxDOTs requirements. The Engineer will be responsible for conducting the hearing with assistance from the City and TxDOT as required.

2. All materials and exhibits will be prepared in dual units by the Engineer and displayed at the pUblic hearing.

3. A record of the public hearing will be made identical to the requirements of the public meeting except that a record of the hearing will be transcribed verbatim. Each comment received during the hearing will be analyzed, and a written response will be prepared by the Engineer. A SUIllIIUlYand Analysis of each co=ent will be included in the final environmental documents.

VL SCHEMATIC LAYOUTIRIGHT·OF·WAY REQUIREMENTS

A. Preliminary Right-of-Way Requirements

1. Using the schematic layout, abstract mapping and existing aerial mapping, determine preliminary right-of-way requirements.

2. Horizontal and vert1cal control for the purpose of aerial photography and mapping, level loops, property corner recovery, controlled hydrographic surveys, and ties to the state plane coordinate system will be completed in a future contract.

3. Right-of-way computations and plans. staking, paccel maps, and fieldnote descriptions will be performed in a future contract.

7 of 8 , ,,' ,

B. FInal Schematic Layout (CAD)

1. The final schematic layout for the preferred alternative will be developed using the Intergraph MicroStation Computer Aided Drafting (CAD) system and using mapping files on MicroStation CAD-compatible tapes developed by the Engineer.

2. The schematic layout will be prepared m accordance with TxDOTs standards and standards established in this Agreement and will be furnished to the City both as an Intergraph MicroStation format file on tape and as a reprnducible original.

3. Using the schematic layout, abstract mapping, and existing aerial mapping, prepare a preliminary right-of-way requirements map.

4 A computed geometric layout and determination of minimum right-of-way requirements will be completed in a future contract.

8 of 8 QUADRANT CONSULTANTS INC.

ATTACHMENT A

Scope of Work Engineering Services

Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas

Quadrant Consultants Inc., herem after referred to as the "Engineer", will provide the necessary engmeermg services reqUired for the preparatIOn and development of roadway design criteria, a prelimmary roadway desIgn schematic, construction cost estimates, and technical assistance with pubhc involvement (one Pubhc Meetmg) The Engineer will prepare preliminary roadway design schematIcs for the construction of the Commonwealth Boulevard extension on new location, from US 59 South (Southwest Freeway) to Ditch H (east nght of way lme) The proposed project IS located In Fort Bend County wlthm the City of Sugar Land's Extra- Territonal JurisdictIon (ETJ) The proposed project will be constructed wlthm a dedicated right-of-way (ROW), rehnqUished by the Texas Department of TransportatIOn (TxDOT), to the City of Sugar Land

The Engmeer shall collect, review, and evaluate all of the available eXlstmg data on tlus project, review roadway design cntena, and prepare a roadway deSign schematIc accordmg to the procedures of TxDOT. The design schematic will show all mformation necessary to establish the prehminary honzontal and vertical geometry, the preliminary right-of-way requirements, storm water drainage requirements, and prehminary cost estimates Preliminary cost estimates will be prepared reflecting costs according to both the City of Sugar Land's standards and TxDOTs standards. The design schematIc shall be prepared according to the applicable requirements of TxDOT and the City of Sugar Land specifications, standards, and manuals The Engineer will provide, through subcontract, the necessary as outlined below

The followmg ISour proposed detailed scope of work for the proposed prehmmary roadway deSign schematIcs:

I. DESIGN SCHEMATICS

The engmeer Will develop design schematIcs for the proposed roadway and alignment using aerial photograph maps All measurements Will be m Enghsh units. The schematic drawing Will show both the plan and profile for the proposed roadway and will show the proposed right of way, proposed centerline alignment With baseline stations, and proposed roadway grade separations (i e , bridges, underpasses, overpasses) Preparation of the design schematic will consist of the following'

1 of 3 09198 OUADRANTCONSULTANTS 1/1 Commonwealth Boutevtrd Pronoul

A EstablIsh honzontal and vertical controls with summary data. B Perform baselme and topographical surveying. C Verify right of way information furnished by City of Sugar Land!fxDOT D Show general property mformation along the roadway ahgnment E. Roadway configuration with plan and profile views. F Analysis of drainage impacts G. Typical roadway sections

2 FIELD SURVEYING

The engmeer Will prOVide,through subcontract, the necessary field surveys to establIsh horizontal and vertical controls and to develop right of way and topographical data Field surveys will mclude the following items·

A Estabhsh Control Pomts Locate and verify previously set TxDOT bench marks at each end of the proposed alignment and along the alIgnment for vertical (acceptable local datum) and honzontal State Plane Coordmate System control pomts

B Run Traverse Loops Run traverse loops between found bench marks and any set intermediate hubs on project baselme - both horizontal and vertical

C Baselme Surveying Perform baseline surveying for the proposed alIgnment Clear, establish and flag the origmal TxDOT basel me with recoverable stations at least every 200 feet and at all P.I points.

D. Topographic Surveymg Tie major utilities and other topographic features whIch will affect altgnment plannmg to TxDOT baselme Establish elevation of all tied topographic features.

E. Cross Sections Obtam cross sections at 500 foot intervals Cross sectIOns Will extend 20 feet outside each right of way line

3. RIGHTOFWAY

The proposed roadway will be constructed wlthm a dedicated right of way (ROW), relinquished by the Texas Department of Transportation (TxDOT), to the City of Sugar Land. The right of way is approximately 9,500 feet in length and 300 feet in width (approximately 65 acres), and will be utilized by the City of Sugar Land to construct an interim 4-lane diVided urban roadway and an ultimate 6-lane divided urban roadway.

20f3 0919' rSULTAlVTS /f'oc Commonwealth aoulevard Prooosal

AGE AS PEA ORIGINAL. gmeer will analyze drainage impacts associated with the proposed improvements and potential mitigation measurements, ifrequired. An analysis of the drainage condition ; adjacent acreage will be made in addition to the following:

eview readily available reports andlor studies prepared regarding the flow haracteristics of all major dramage outfall facilities which Impact this project (Brazos Uver, Ditch H). These reports should include applicable FEMA flood maps. i'rovide a plot with the followmg information' I Tentative profile for the proposed roadway 2. Profile of eXlstmg ground along the proposed right of way lines 3 High water elevations for the 2, 5, 10, 25, 50, and 100 year design frequencies for the length of the project This Will enable TxDOT and the City of Sugar Land to determine the most feasible proposed roadway profile The existing drainage characteristics of this area will be used as Ifthere was no levee system proposed in the future

rvprCAL SECTIONS

Roadway typical sections will be prepared to illustrate the roadway structure withm the nght of way

ROADWAY PROFILE

The roadway profile will be prepared at a scale of 1" = 40' (H) and 1" = 2' (V). All vertical control data will be computed and Illustrated at all vertical control points to include vertical curves. fie Engmeer shall furnish all eqUipment, materials, supplies, and IUCldentals as required to erfonn this work, except as specified in Attachment "C." The Engineer will meet with the eSlgnated City of Sugar Land representatives regularly to report on progress A typewritten eport, with evidence of work accomplished since the previous report, will be provided. 'ormal progress reports will be supplied with the monthly invoice. A copy of the CADD lectronic files will be provided to City of Sugar Land upon completion of the work. The )cation of the engineering work on this project is the office of the Engineer at 7322 Southwest reeway, Suite 470, Houston, Texas 77074, except fieldwork done on-Site, and the ubconsultant work done in the subconsultant's offices. The Engineer will coordinate all work ctivlties for the Engineenng Services through the City of Sugar Land's designated project 1anager

300 09,.,8 QUADRANT CONSULTANTS INC.

ATTACHMENT B

Scope of Work Environmental Assessment

Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas

Quadrant Consultants Inc (QCI) will undertake the necessary environmental studies and mvestigations to prepare an Environmental Assessment (EA) document, anticipating a Findmg of No Significant Impact (FaNS I) The EA will address the proposed construction of the Commonwealth Boulevard extension, from US 59 South to Ditch H, near the western termmus of the existmg Commonwealth Boulevard m the FlfSt Colony SubdivisIOn The proposed project is located m Fort Bend County wlthm the City of Sugar Land's Extra-TeITItonal Jurisdiction (ETJ). The proposed project Will be constructed withm a dedicated nght-of-way (ROW), relinqUIshed by the Texas Department of Transportation (TxDOT), to the City of Sugar Land. The ROW IS approximately 9,500 feet in length, 300 feet m Width, and will be utilIzed by the City of Sugar Land to construct an mterIm 4-1ane dIvided urban roadway The project will be deSigned to comply with the City of Sugar Land's design standards

The EA Will be performed to provide environmental documentatIOn accordmg to TxDOT procedures The EA will be prepared in accordance With TxDOT's Highway Design DlVlsion Operations and Procedures Manual Part II-B and FHW A Technical Advisory T6640 SA.

Quadrant Consultants Inc. will coordinate all work activities for the EA tiuough the City of Sugar Land's project manager

A. Data Collection Process

1. Data Collection - All readily avatlable environmental mformation relative to the project area Will be acquired from the appropriate local, state, and federal agencies.

2. Field Survey - An imtla[ site mspection will be conducted after the proposed location has been surveyed and staked to depict the exact site location. During the site mspection, QCI will photograph and inspect the site in order to charactenze the current envlfonmental condItions and obtain information for later inclusion in the EA.

3. Early Agency Coordination - Based on the information obtained during the initial site inspectIOn, early coordination Will be mlttated with the appropriate agencies which may have jurisdictional interests in the project, such as the U.S Coast Guard, US. Army Corps of Engineers (CaE), US. Fish and WildlIfe Service (USFWS), Texas Parks and Wildlife Department, U.S. Envlfonmental Protection Agency (EPA), Texas Historical Commission (THC), Natural Resource Conservation Service (NRCS), Texas Natural Resources Conservation Commission (TNRCC), Federal Emergency Management Agency (FEMA), and

I of 12 09198 OUADlUNT CONSUL TANTS llh Commonwealth Boulevard ProPOsal any other governmental agency, group, or individual deemed necessary. Permits that wlll be required will be identified

4. Development of Alternatives - This section of the EA will discuss all of the reasonable alternatives which were considered, includmg the preferred alternative and the no-build alternative. Assistance will be provided to review alternatives to ensure that there are no environmental Issues, such as archeological sites, Superfund sites, or other critical issues that would prohibit the construction of the roadway in the selected areas.

B. Environmental Investigations and Assessments The environmental studies and mvestIgatIons will mclude an assessment of feasible alternatives, plus the "no build" alternative For the purpose of this cost proposal, we have assumed that altematlves may include ti,e dedicated ROW alternative and the no-build alternative.

The EA wIll be completed according to the Texas Department of Transportation, Highway Design Division, OperatIOns and Procedures Manual, Part IIB, Environmental and Public Involvement Procedures Dunng ProJect-Specific Planning and Development, dated December 1988, and the most current alr and noise modeling procedures The EA Will consist of an evaluatIOnof current economIC,social, and environmental condItions and potentIal Impacts on these conditions as a result of the proposed project includmg the items descnbed below

1. SocialJEnvironmental Justice - The US Department of Commerce, Bureau of the Census, Information on the census tracks for thiS area Willbe obtained and summanzed. This mformatlOn will include ethniclty, employment and mcome; and housing and vacancy data. Changes m the neighborhoods or community cohesion will be assessed for various social groups in terms of spllttmg neighborhoods, generating new development, changing property values, and acceSSIbility Impacts on school districts, recreation areas, churches, businesses, police, and fire protection will be assessed. Impacts to any minority andlor low income groups due to the implementatIOnof the proposed actIOnwill be reviewed Changes in travel patterns, highway and traffic safety, and publIc safety from the proposed project will be assessed Impacts on the local tax base will be assessed by coordmatmg with local officials. In additIOn, any avallable populatIon and land use study data will be reviewed to assess potential impacts of the project on land use. ThIs assessment on land uses will include residentIal, commercial, industrial, education, open space, resource productIOn,highway right- of-way, undeveloped, and water acreage

2. Economic - The economic impacts on the regIonal and local economy, such as the effects of the project on development, tax revenues and public expenditures, employment opportunities, accessibilIty, and retail sales will be discussed This discussion Will include mformation obtamed from local and city officials. The Impacts, both positive and negatIve, on the economic vitalIty of existing businesses, business dIstricts, and the resultant Impact on the local economy will be described.

3. Right-of-Way Acquisition and Displacement - The extent of displacements (If any) will be discussed for each alternative under consideration. The estimated number of households to be displaced (If any) and a summary of the social characteristics of these 2 of 12 09"" QUADRANT CQNSULTANTS lNe Commonwealth Boulevard ProPOsal households wJ11 be detenmned along with a comparison of available housing m the area Impacts on eXisting farms that will be displaced will also be determined. Any special relocation considerations will also be IdentIfied.

4. Pedestrian and Bicycle Facilities - Where current pedestnan or bicycle faCilities or indicatIOns of use are identified, the EA will discuss the current and anticipated use of the facilities, the potential impacts of the affected altematlves, and proposed measures, if any, to avoid or reduce adverse Impacts to the facility(ies) and its users.

5. Soils and Vegetation· The soils in the area of the project Will be descnbed accordmg to the Natural Resource Conservation Service (NRCS), formerly the SOIl ConservatIOn Service (SCS) and the major forms of vegetation will be Identified in order to evaluate potential impacts from the roadway construction project

AddltiQnal subsurface SQIl investigatiQns tQ assess potential sod cQntaminatiQn In tlte prQposed right-Qf-way can be performed as an additional sCQpeQfwQrk,ifrequired.

6. Section 4(f) Lands - QCI Will review available data and perform on-site investigatIOns to ascertam the presence of any potential Section 4(f) lands, includmg pubhc parks, recreation lands and wildhfe and waterfowl refuges which may be impacted by the proposed action At this time, it IS not anticipated that any parks or recreation areas will be impacted by the proposed roadway project

If any SectiQn 4(f) lands are identified as being Impacted by the preferred alternative, QCI will prepare a separate sCQpeQf work and associated costs fQr preparing a Section 4(f) Evaluation.

7. Farmlands - To ensure compliance with the Farmland ProtectIOn Policy Act (FPPA), QCI will coordmate With the Natural Resource Conservation Service (NRCS) and complete the Farmland Conversion Impact Rating Form AD-I006 and submit it to the NRCS for review The NRCS-SCS maps for Fort Bend County will be reviewed, and the SCS list of pnme farmland soil types Will be reviewed to determine If the project area ISpotentially subject to the FPPA.

If there is a potential for adverse impacts to FPPA lands, or if the Land Evaluation and Site Assessment score from Form AD-I066 IS 160 points or greater, then the EA will diSCUSSand consider alternative measures to avoid or mmimlze the impacts. Based on the project locatIOn, thiS specific site ISexpected to have a Land Evaluation and Site Assessment score of more than 160 points.

8. Air Quality - ThIS section of the EA will begin with a brief dIscussion of the transportation related air quality concerns of the project area. QCI will perform a carbon monoxide (CO) air quality analySIS for the proposed project. QCI assumes that CO emISSIOns from the proposed project will be similar regardless of the alternative selected Therefore QCI proposes to conduct a detailed CO air quality analysis only for the preferred alternative for the estimated time of completion and design year. In terms of potential air quality impacts, the alternatives under consideration will be evaluated and compared based on the presence and proximity of any sensitIve receptors to the subject alternative. The objectives of the aITquality analysis will be to (I) estimate existing CO concentrations along the proposed project, (2)

3 of 12 09198 OUADRANTCONSULTANTS ll'Ie Commonwe3lth Boulevard Proposal model and document future CO concentrations with and without the project, at appropnate locations along the proposed proJect, (3) evaluate any impact of CO levels at these locations, and (4) discuss and evaluate any possible mltlgatlOn measures to reduce or ehmmate any potential impact to au quality from CO emiSSIOns

The air quahty analysis will be performed m accordance with all current and apphcable state and federal regulations, standards, and gUldehnes The air quahty analysis will consist of the followmg tasks

Subtask l' Determine Receptor Locations

Identify and determine air quahty receptor locations along the preferred alternatlve

Subtask 2 Estimate Existmg CO ConcentratIOns

QCI Will consult and coordmate with the air quality division of the TNRCC and any local air pollution control agency which performs momtonng m Fort Bend County to determme eXisting CO concentratIOns m the proposed project area

Subtask 3 Model Future CO Concentrations

QCI will model future CO concentratIOns at all receptor locations along the preferred alternative using CALINE 31M0BILE 5A MOBILE 5A is an EPA mobile source emission factor model and CALINE 3 IS an au pollutant dispersion model that calculates pollutant concentratIOns near roadways CALINE 31M0BILE 5A are the models currently used by TxDOT. If determined to be necessary at locatIOns where Conunonwealth Boulevard intersects other roads and highways (US 59), QCI proposes to use CAL3QHC which is another air pollution dispersion model that calculates CO and other inert pollutant concentrations from motor vehicles traveling near roadway mtersectlOns

The I-hour CO concentration Will be modeled. If the total predicted I-hour CO concentration is greater than 9 ppm, then the 8-hour analySIS will be performed. A comparison will then be made between the preferred alternative and the National Ambient Air Quality Standards (NAAQS) and other applicable state or local standards.

Subtask 4 Prepare Au Quality Section ofEA

QCI will analyze the results of the air quahty analySIS QCI will then prepare the air quality section of the EA with full documentatIOn of the analySIS, results, and evaluations leadmg up to the conclusions

Subtask 5. Mitigation Measures (if necessary)

If the preferred alternative would result m violations of the I-hour or 8-hour CO standards, then QCI would develop reasonable mltlgatlOn measures through coordination with TxDOT, the EPA, and TNRCC

9. Traffic Noise - QCI will conduct a noise analysis for the proposed project

Predictions of traffic noise will be performed in accordance with all current and applicable state and federal regulations, standards, and guidelines using the Federal Highway Administration

4 of 12 09198 QUADRANTCQNSULTANTS 11'0, Commonwealth Boulevard Proposal

(FHW A) approved highway traffic computer nOIse model (STAMINA 2.0, Version 3 or the latest approved traffic noise model) Traffic data is required and shQuld cQnsist Qf a 20-year prQjected design year peak /rour vQlumesfQr cars, medium trucks and heavy trucks traveling Qn the prQpQsedCQmmQllwealth BQulevard. This 20-year prQjected design year peak hQur vQlume shQuld be frQm 1999 tQ 2019. Traffic data lIeeded tQ cQmplete this item will be Qbtained from the City Qf Sugar Lalld, includlllg Average Daily Traffic CQunt's (ADT), Design Hourly VQlumes predicted fQr lalles, Traffic Mu;, DirectiQnal Traffic Split fQr the Desigll Hour, Speeds for Maill Lalles, Transitiollal Speeds Qr VelQcity prQfiles. This informatiQII will be prQvided ill existillg year alld 20 year proposed (i.e., 1999 alld 1919 traffic data).

The potential nOIse impact on sensitive receptors will be assessed in accordance with the FHWA - Federal-Aid Highway Program Manual, Volume 7, Chapter 7, Section 3

The objective of the noise analysis will be to (I) model existing and predicted future design year noise levels, with and without the project, at vanous locatIOns along the proposed project, (2) evaluate any impact of traffic nOIse at these locatIOns, and (3) dISCUSSand evaluate possible mItigation measures to reduce or eliminate any potential nOIse Impacts

The noise analysis Will consist of the following tasks

Subtask I Determme Receptor LocatIOns

Identity noise sensitive land uses and activities m the project area that currently eXist and for those for which development is planned, designed, and programmed. Determme receptor locations based on noise sensitive land uses and activities Identified

Subtask 2 Model EXisting and Predicted Future Noise Levels

QCI will model existing and future worst-case noise levels at several locatIOns along the preferred alternative Traffic data information obtained from the City of Sugar Land will be used for this analysis QCI will assess any potential impacts of future noise levels on sensItive land uses including analysis and documentation of the results.

Subtask 3: Noise Abatement Measures

If the predicted noise levels at any of the sensitive receptors approaches or exceeds FHWAs Noise Abatement Cntena, or substantially exceeds eXIstmg noise levels, QCI Will examme and evaluate alternative noise abatement measures for reducing or elimmating any future traffic noise impacts This will include conducting a noise barrier analysis, usmg OPTIMA Noise Barrier Optimization Program to determine the effectiveness and feasibility of noise barriers at the senSitive locations The results of the noise barrier analysis will then be documented.

Subtask 4 Conceptual Plan for Noise Barriers

Based on the nOise barrier analysis, QCI Will make recommendations regardmg the type, height, and location of the noise barriers

5 of 12 09/98 OUADRANTCONSULTANTS INc Commonwealth Boulevard Proposal

Subtask 5 Prepare Traffic Noise Section of EA

QCI will analyze the results of the noise analysis, then prepare the traffic noise sectIOn of the EA

10. Water Quality - The ambient conditIOns of streams and water bodies, whIch are hkely to be Impacted by the proposed project and identification of the potential for Impacts will be assessed. AvaIlable historical water quahty data will be reviewed EXlstmg raInfall drainage patterns WIll be determmed and runoff water quality will be evaluated to assess potentIal environmental impacts Locations where roadway runoff or other nonpoInt source pollutIOn may have an adverse impact on sensitive streams and water bodies WIll be assessed

QCI WIll coord mate with the water quahty diVIsion of the TNRCC and the EPA under the Federal Clean Water Act and the Safe DrinkIng Water Act regardIng pnncipal or sole-source aqUifers, critical aquifer protectIOn areas (CAP A), and wellhead protection areas If any of these areas may be Impacted by any of the alternatives, then all applicable regulatIOns Will be stnctly adhered to

This project is expected to disturb more than five acres of property and will reqUire comphance With the NatIOnal Pollutant Discharge Elimination System requirements estabhshed by the Environmental Protection Agency Therefore, mitigation measures for erosion and sediment control during construction activities will be addressed

11. PermIts - The need for point source permits, permits for dredge and fill, permits for wetlands, and permits for bndges, will be determined and potentlal Impacts Will be assessed All permits required for the proposed project will be properly documented and discussed

12. Wetlands - QCI will perform off site and onsite wetland determInations for the proposed proJect.

Subtask 1· Offsite Wetland DeterminatIOns

QCI will perform offsite wetland determinations for each reasonable alternatlve using aerial photographs, USFWS National Wetland Inventory Maps (NWI), the Fort Bend County SOli Survey, USGS topographic maps, and other available information to the extent necessary for comparmg potentlal wetland impacts from each reasonable alternative.

Subtask 2· Onslte Wetland Determinations

Once a preferred alternative is selected, QCI will then perform onsite wetland determinations using the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87 -1, January 1987, Final Report (1987 Manual) and current subsequent regulatory guidance on the clarification, interpretation and implementation of the 1987 Manual.

The Method used will be the Routine Onsite Wetland Determmation Method for areas equal to or less than 5 acres in size The method for 5 acres or less will be used because the proposed project is a 300 foot wide linear corridor, that extends for approxunate1y 9,500 feet.

The aligrtment of the preferred alternative for which onsite wetland determinatIOns Will be performed will be staked in order to facilitate the wetland determinations. The ahgrtment will

6 of 12 09198 QUADRANT CONSULTANTS INL Common~alth Boulevard ProPOsal then be plotted on USGS 7 5-minute topographic quadrangle maps, USFWS NWl maps, aerial photographs, appropriate flood maps, and soil maps taken from the Soil Survey maps of Fort Bend County. Texas Potential problem areas will be identified on these maps These maps will then be used in the field top assist in performmg the onsite wetland determinatIOns

ObservatIOn points will be selected along the preferred alignment with consideration being given to changes in vegetation, changes in mapped soil types, areas with plant communities comprising hydrophitic vegetation indicative of wetlands and/or observation of saturated or inundated areas. At each observatIOn point, all pertment data regardmg the technIcal cntena. charactenstics, and indicators for each of the three wetland parameters (vegetation. hydrology, and soils) WIll be recorded onto a Routine Wetland DeterminatIOn Data Form (Data Form) and a jurisdictIOnal wetland/nonwetland determmatlOn wIll be made

Subtask 3' Wetland Delineations

QCI WIll delineate all Jurisdictional wetlands along the preferred alternative If required, QCI will accompany a COE BIOlogist m the field for venfication purposes

Subtask 4 Wetlands Surveying and Mappmg

After the wetland dehneations have been venfied by the COE, QCI will then survey and map the wetlands. Maps depicting the jurisdictIOnal wetlands and all observation points at whIch Data Forms were completed wIll be included.

Subtask 5 Coordination and Preparation of Section 404 Permit Application

If requIred, QCI WIll assist 10 the preparation, coordmatlOn, and consultation throughout the above process

Subtask 6' Prepare Wetland Section ofEA

QCI will prepare the wetland section of the EA with full documentation of the wetlands analysis and results. The EA will discuss the wetland impacts, if any, from the preferred alternatIve and any permit requirements. The EA will also discuss any proposed mitigation plans for avoiding, minimizing, rectifying, or compensating impacts to wetlands

13. Water Body Modifications - For each alternative under detailed study that modifies any waterbody (e g, impoundment, relocatIOn, channel deepenmg, fillmg, etc ), the EA will contain exhibIts and discussion identifyIng the locatIOn and extent of waterbody modIficatIOns The use of the stream or body of water for recreation, water supply, or other purposes will be identified.

14. Wildlife Habitat Modifications - The EA wIll discuss the loss of habitat and vegetation associated With the preferred alternative The EA will design the proposed action consistent with the executive memorandum published April 26, 1994 as it relates to vegetation management and landscape practices.

15. Floodplains - National Flood Insurance Program (NFIP) maps will be reviewed to deterrnme if the site location will encroach upon the base (IOO-year) floodplain Floodplam encroachment will be described and mitigation measures will be determined. For this specific

7 of 12 OUADRANTCONSULTANTS [!'Ie Commonwealth Boulevard Proposal project, the floodplain encroachment could have impacts, because the proposed project IS located within the 100-year floodplain.

16. Wild and Scenic Rivers - There are no anticipated potential impacts to nvers on the National Wild and Scenic Rivers System The EA will include a short statement indicating that this impact category has been assessed but IS not applicable, and thus no Impacts Will occur Early coordination with agencies is not antiCipated In the scope of work for thiS proJect.

17. Coastal Barriers and Coastal Zones - The site locatIOn IS not in a regulated coastal area and, therefore, no assessment will be necessary for coastal barners and coastal zones.

18. Threatened and Endangered Species - Coordination with the USFWS and the TPWD will be initiated to determine the presence or absence of hsted and proposed endangered or threatened species and critical habitat in the proposed project area. Wlldhfe habitat Will be evaluated and potential Impacts on wlldhfe Will be assessed MItigatIOn of possible impacts Including habitat loss and fragmentation, and construction in wetland areas Will also be addressed.

At thiS time, no threatened or endangered species are beheved to be present In the proposed project area. However, if threatened or endangered species are identified, early coordination will be initiated with the jurisdictional agencies, and a revised scope of work will be submitted to perform an evaluation or, if appropriate, a biological assessment on the potential Impacts to identifY whether such species or critical habitat are likely to be adversely affected by the project.

19. Historic or Archeological Preservation - An imtlal assessment Will be performed pnor to the pubhc meeting in order to identify any histonc or archeological Issues which could prohibit the constructIOn of a roadway in the proposed locatIOn A more thorough on-site survey will also be performed to Identify any historic or archeological resources In additIOn, available agency informatIOn wJ11also be obtained to identify the potential for ehglbility for the National Register of HJ.storic Places. Any hlstonc and archeological resources Will be described and any potential impacts will be assessed along with mitigation measures for each resource. Early coordination will be initiated With the State Historic Preservation Office

20. Hazardous Waste and Other Sites - A regulatory records review Will be performed to identify hsted hazardous waste generators, treatment, storage, and disposal facihtles, solid waste landfills; unauthonzed sites; documented spills; oil and gas exploration and productIOn sites; and underground storage tank sites within the proposed site locatIOn. Aerial photographs will be obtained and reviewed to assess the prevIous use of the property. In additIOn, during the on-site inspectIOn, the major property owners and operators will be Interviewed to determine hlstoncal waste management practices and the potential presence of hazardous substances and petroleum products on the subject properties.

These findings wJ11be presented In the report and any identified sites Will be clearly located on maps The current regulatory status of the site will be determined and presented along with any additional investigations which may be recommended based on these findings

21. Visual - Any potential visual Impacts of the proposed project Will be assessed and descnbed. The relationship of the impacts to potential viewers and measures to eliminate or

8 of 12 09198 OUADRANTCONSULTANTS lNe Commonwealth Boulevard ProPOsal minimize the impacts will be addressed. Design, art, and architectural Issues will also be assessed 11us impact category is not anllcipated to result in any adverse impacts

22. Construction Impacts - Potenllal adverse impacts associated with the construction of the project Will be assessed including air, nOise, water, traffic congestion, detours, safety, and visual Impacts Any mitigatIOn measures for the preferred alternallve will be identified

23. Secondary and Cumulative Impacts - Qcr will assess the potential for secondary and cumulallve Impacts for the proposed actIOn.

24. Energy Requirements - Assuming thiS is not defined as a large scale project, the general energy reqUirements of the alternatives compared to the "no build" alternatIve will be discussed The companson of the post-construction operatIOnal energy requirements of the facility compared to the "no build" alternative will also be discussed This Impact category is not anlicipated to result In any adverse impacts

25. Secondary and Cumulative Impacts - The EA WIll assess the potent131 for secondary and cumulalive Impacts for the proposed actIOn

26. Comments and Coordination - ThIS sectIOn will Include copies of coordinatIOn letters sent to the vanous government agencies and their responses. A discussIOn of the public involvement conducted dunng the environmental process Will also be Included m thiS section

C. Preparation of Environmental Assessment Documents

The informatIOn above Will be compiled mto a draft EA report and an outline of the Table of Contents is attached. A discussion of the alternatives and reasons for selection of the preferred alternative will also be included in the EA report. The EA report will also include discussions on mitigation measures, which can reduce or eliminate environmental impacts which are identified. In addition to the information above, the City of Sugar Land will assist in defining the Purpose of and Need for the Proposed Action.

The report will be prepared on an ffiM-compatible computer with Microsoft Word 6.0 software and a dlskette(s) can be provided If requested Exhibits will be limited to II "xI7" where possible. All quantities and other appropriate numencal data will be presented in metric units, followed by English units in parentheSIS

Two copies of a preliminary draft report will be provided to the City of Sugar Land. Upon receipt of any comments from the City of Sugar Land, revisions will be made and any reviSIOns or additional information needed to complete the items wiU be Incorporated mto a draft report. Five copies of the draft report will be prepared and provided to the City of Sugar Land for coordination with TxDOT-Houston District Upon receipt of any comments from the TxDOT- Houston District, revisions Will be made and Incorporated into the fmal draft report for coordination with TxDOT-Envlronmental Affairs Division (ENV). After receiving any comments from ENV, ten copies of the final report will be provided to the City of Sugar Land for distribution. Any additional revisions o/the report and any additional copies of the report will be completed ifnecessary as an additional scope of work.

9 of 12 09/98 OUADRANT CONSULTANTS lN~. Common...... e.ahh Boulevard ProPOsal

D. Public Involvement Process

1. Preparation for Public Meeting - Based on a review of the project location, potential environmental impacts include wetlands, floodplains, noise, water quality and social and economic issues which can be addressed by Quadrant Consultants Inc. A brief summary of the potential environmental impacts and permIt requirements for the project will be provided to the City of Sugar Land for prior review. This task will include attending up to two coordmatlon meetings with agencies, groups, or mdividuals

2. Attend Public Meeting - QCI will attend one PublIc Meetmg concernmg thIs project In conjunction with the City of Sugar Land, QCI will assist in preparing for and conducting the Public Meeting The summarized mformatlon will then be presented by Quadrant Consultants Inc., upon request, during the public meeting Only our project manager will be present at the publIc meeting in order to answer any questions and to gain an understanding of publIc concerns which will need to be addressed as part of the EA At this time, we have included the cost for one public meeting whIch ISexpected to last no more than four hours and whIch mcludes time before and after the meeting Additional public meetings can be attended, if necessary, as an additional scope ofwork.

3. Prepare and Attend Public Hearing - If a Public Hearing is necessary, an additional scope of work will be preparedfor this item.

10 of 12 09198 OUADRANTCONSULTANTS INL Commonwealth Boulevard Proposal

Environmental Assessment Report Table of Contents

DESCRIPTION RESPONSIBILITY

1.0 PURPOSE OF AND NEED FOR THE PROPOSED ACTION QCV Sugar Land 1.1 Purpose and Need 1.2 Description of the Proposed ActIOn I 2 I Project Limits 1.2 2 Proposed Action 123 Right-of-Way Requirements and Utility Adjustments I 2 4 Alignments 1.2.5 Cost Associated With the Proposed Action 1.3 Background

2.0 ALTERNATIVES INCLUDING THE PROPOSED ACTION QCI! Sugar Land 2 I Summary of Alternative Analysis 22 No BUild 2 3 Proposed ActIOn

3.0 ENVIRONMENTAL IMPACTS QCI 3.1 Land Use 3.2 Farmland Impacts 3.3 SoclalJEnvironrnental Justice Impacts 3.4 Relocation Impacts 3.5 Economic Impacts 3.6 Air Quality Impacts 3.7 Noise Impacts 3.8 Water Quality Impacts 3.9 Permits 3.10 Wetland Impacts 3.11 Waterbody Impacts 3.12Soils and Vegetation 3 13 Habitat Impacts 3.14 Wildlife Impacts 3.15 Floodplain Impacts 3.16 Wild and Scelllc R1vers 3 17 Threatened and Endangered Species 3.18 Historic and Archeological Preservation 3.19 Hazardous Waste Sites 3 20 Visual Impacts 3.21 Construction Impacts 3.22 Section 4(f) Lands 3 23 Secondary and Cumulative Impacts

II of 12 09/98 OUADRANT CONSULTANTS 1", Commonwealth Boulevard Proposal

Environmental Assessment Report Table of Contents -Continued-

DESCRIPTION RESPONSIBILITY

3.24 Pedestnan and Bicycle Facilties QCl 3 25 Coastal Bamers and Coastal Zones 3 26 Energy Requirements 3.27 Summary of Alternatives 3 28 Comments and Coordmation

TABLES

EXHIBITS

12 of 12 09198

--~ ATTACHMENT C

Services To Be Provided By The City of Sugar Land

Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas

The City of Sugar Land will furnish the following items:

I Furnish available horizontal control points,

2 Furnish benchmark elevatIOns and descnptlOns for vertical control;

3 Furnish listing of horizontal ahgnment coordmates for baseline control only;

4 Furnish copies of data on file concerning this project (If any),

5 Furnish available interface data for any projects adjacent to thiS project, inc1udmg copies of the as-bUilt plans;

6. Furnish Intergraph CADD files with eXlstmg planimetncs (If available),

7. Assist the Engmeer, as necessary, to obtain the reqUired data and mformation from other local, regional, state, and federal agencies,

8 Provide the Engineer with timely review and decisions necessary to permit the Engineer to maintain an agreed upon schedule,

9. A surveyed site map, or other map, detailing the exact property boundaries;

10. Furnish a tabulation of twelve month movmg average umt prices statewide and for the Houston Distnct of TxDOT.

II.Furnish traffic counts and turning movement data at key pomts along the project length as previously defmed in Attachment B

12. Furnish a copy of the Major Thoroughfare Plan for the regIOn

13 Copies of any prevIOus environmental, geotechnical, and hydrogeological reports,

14 Furnish zoning maps or land use masterplans of the area

1 of2 OUADRANT CONSULTANTS fA Commonwealth Boulevard Proposal

15. Copies of any environmental permits, registrations, notifications, and reports (for example. hazardous waste, solid waste, wastewater, storm water, and petroleum storage tanks), within or in close proximity to the proposed corridor (if any),

16. Copies of any correspondence with environmental regulatory agencies;

17. informatIOn of any known recognized environmental conditions, wlthm or m close proximity to the proposed corridor (if any);

18 Information regardmg any pendmg or past notices of VIOlations, admllllstrative proceedings, or litigatIOn relevant to hazardous substances or petroleum products, withm or in close proximity to the proposed corridor (If any),

19 Furnish study reports of data on economic conditions and charactenstics, such as descnptlOns of the work force, commercial and mdustrial activities and their contributions to the area's economy

20 Furnish populatIOn data and study reports addressing historic and projected populatIOn dlstnbutlon by age, gender, ethnic background, etc

21 Property access arrangements,

22 Name and telephone number of the current property owner(s),

23 The name(s) of any other person(s) knowledgeable of the property, and

24. informatIOn regardmg the planned use or development of the adJoinmg properties

20f2 09/98 "

PURCHASING PROCEDURES

City of Texas Cityrrexas C1ty Economic Development Corporation purchasing procedures for the selection of Professional Services: Engineers, Architects, Etc

Step #1 Permission to Advertise

City CommissiOn and Texas City Economic Development Corporation authorizes advertisement for Professional Services/Qualifications.

Step #2 Advertising

Prior to advertlsrng, develop the scope of work to be accomplished and an estimate of the anticipated fee (for comparison during the negotiation process)

A nouce of the Proposed Professional Services 1Spublished in the newspaper. The first day of publlcation occurs fourteen (14) days before the date of the Proposals/Qualrlications are opened. Two (2) publications shall occur

Step #3 Mail out of Packets

The Planning Department will mail Proposal Packets to all interested Engineers/Architects. The City keeps an ongoing computer list for mail out purposes The City also sends out packets requested by phone or picked up in person. The City will inform potential providers that, if selected, they will be required to fill out Debarment, Lower Tier Debarment and Lobbying Certifications per TxDOT requirements.

Step #4 Receiving RFP/O

Proposals are received in the City Secretary's office in sealed envelopes marked with the assigned Proposal number. The City Secretary's office publicly receives and records the submission of requested Proposals. The City Secretary's office records the time and date proposals are received

Ih Scptanbcr 11, 1995 :: .... • J

Step #5 Opening of RFP/O

The City Secretuy's office opens the Proposals in the City Conference Room on the date specified in the notice.

Step #6 EvaluationIRecommendation

The City SecretaI}', City Engineer, Public Works Director and any other personnel selected by the City Commission shall evaluate the Proposals/QualIficatIOnsand make their reco=endation to City Commission .and Texas CIty Economic Development Corporation. The criteria used to evaluate the proposals shall be:

1. Sunilar Work Experience 2. WorkLoad 3. Past Penormance 4 Staffing Capabilities

Step #7 Contract Execution

City of Texas CIty and Texas City EconOmICDevelopment Corporation will request a pre-negotIation audit by TxDOT of providers , books prior to contract execution. Contract will be lump sum or cost plus fixed fee Contract will not be a percentage of construction cost. Contract and scope of work will be reviewed and approved by TxDOT before execution by Texas City Economic Development Corporation. Provider will be required to submit Debarment, Lower Tier Debarment and Lobbying Certifications upon contract execution.

Step #8 Contract Administration

City of Texas CitylTexas City Economic Development Corporation will monitor the project in conjunction with TxDOT. TxDOT will assign a permanent project manager. Mr. James F. McWhorter, P.E., will monitor project for the CIty. TxDOT and the City will schedule meetings, verify work is complete, and review costs. The CIty will pay the provider and request reimbursement from TxDOT. TxDOT and the City will jointly approve and process contract amendments for additional time, changes in scope and additional costs. The City and TxDOT will mutually provide an evaluation of the provider's work. The City and TxDOT will cooperatively determine responsibility for errors or omissions and settle all contractual or administrative issues.

C IOFFlCE\lFM9SMEM\PURTXD As ~11.199S CONSULTANT SELECTION p' OCEDURE

• LPA REQUIRED TO S CONSULTANT SELEC PROCEDURE FOR ALL PROJECTS WHERE FEDE FUNDS WILL BE USED TO REIMBURSE CONSULTANT • HOUSTON TXDOT SENDS L EXAMPLE SELECTION PROCEDURE. CO -SULTANT SELECTION ~"ROCEDURE (CONT~'"

• LPA REVIEWS PROCe ~URE AND MAKES COMME • LPA AND HOUSTON TX AGREE ON SELECTION PROCEDURE. • LPA MUST ADVERTISE FOR CONSULTANT AND MAKE SELECTION ON PERFORMANCE BASED CRITERIA. CON'SUL TANT SELECTION'is>ROCEDURE (CONT\)'"

• LPA SENDS HOUSTO TXDOT A FORMAL SELECTIO PROCEDURE FOR APPR ". L. • HOUSTON TXDOT APPRO" '. SELECTION PROCEDURE REQUESTS THAT LPA PROCEED TO SELECT A CONSULTANT. COf\J£ULTANT SELECTION ~ROCEDURE (CONT~'"

• LP A SELECTS A CONSULTANT . • CONSULTANT SELECTI PROCEDURE CAN OCCU SIMUL TANEOUSL Y WITH AGREEMENT PROCESS. CONSLJ",LTANT CONT~CT

• HOUSTON TXDOT M T APPROVE CONTRACT BETWEEN LPA AND CONSULTANT PRIOR TO EXECUTION . • APPROVAL OF SCOPE OF WORK, CONTRACT FORMA AND FEE IS REQUIRED FOR ALL CONTRACTS WHERE FEDERAL FUNDS WILL PARTICIPATE. CONSUL TANT CO NTRACT,,\CO'" NT .)

~ • APPROVAL OF SCOPf\QF WORK ONLY IS REQUrm ~D FOR CONTRACTS WHIC " . .~ NOT USING FEDERAL F ' I ~~ • HOUSTON TXDOT SENDS ' , EXAMPLE OF STANDARD CONTRACT. • CONTRACT MUST BE EITHE LUMP SUM OR COST PLUS A FIXED FEE. CONSW",LTANT CONTRACT~ CONT.)

• LPA AND CONSULTR T DEVELOP A CONSULT T CONTRACT AND SUBMI ·0 HOUSTON TXDOT FOR APPROVAL. • HOUTON TXDOT REVIEWS CONTRACT. • CONSULTANT, LPA AND HOUSTON TXDOT MEET, IF NECESSARY TO DISCUSS CONTRACT. CONSLJ",LTANT CONTRACT~ CONT.)

• CONSULTANTDRAF FINAL CONTRACTANDSEND~ 0 LPA. • LPA SUBMITS CONTRAC HOUSTON TXDOT FOR APPROVAL. • HOUSTON TXDOT SUBMITS CONTRACT TO HOUSTON TXDOT AUDIT OFFICE IN AUSTIN. • AUDIT OFFICE AUDITS CONTRACT AND SUBMITS RESULTS. ~~ CONSUL TANT CONTRACT~'" CONT.)

• IF AUDIT RESULTS A), SATISFACTORY HOUS ~ TXDOT APPROVES CONTRACT AND ADVISE - LPA TO EXECUTE CONT AND TO SCHEDULE A PROJECT KICK OFF MEETIN • LPA SENDS HOUSTON TXDO COPIES OF ALL EXECUTED CONTRACTS. ~~ I Texas Department of Transportation PO BOX 1386' HOUSTON.TEXAS 77251-1386' (713) 802·5000

November 14, 2000 caNTACf CaNSULTA.'/T

Fort Bend Count ~ , CSJ 0912-34-10 :::'.. j I· .i , ," ~ ~ \: t='-' , CR ~OJ?~OaJ/ -' -- -- from'FM 35 ; to Grand P, kway (SH 99) DEe - 4 2000

Mr D. Jesse He~ -,mler, P E County Engineer Fort Bend Count Engllleenng Department 1124 Blume Ror,. Rosenberg, Tex, - 77471-1449

Dear NIr Hegerr' er

You recentl: r lmlllated the subject project to receIve Federal fundlllg for prelimInary engIneenng T Ie subject project was selected for fundIng under the Category 4C Metro Moblllty/Rehabl' ,tatlOn Program Tills project WIll be admlllistered by the Texas Department of TransportatIOn (TxDOT) III conjunctIOn WIth your agency One of the reqUIrements at all Federally funded programs IS that the sponsanng enllty enters into an agreement \\l.th TxDOT Please find attached a draft fundIng agreement We request that you revIew the agrc~ment and provIde us WIth any comments that you may have We WIll Incorporate your comments Into the agreement and send you a final agreement for signalllre

Recent dlSCUSShJnSbetween TxDOT and the Metropolitan Planrung OrgaruzatlOn (MPO) have Indicated that there mIght be some confusion concerrung the scope of work for prehrrunary engIneermg It appears that some project sponsors may have Included final design costs in theIr estimated costs for the prelimInary engIneering work. Preparation of final design documents that could be used for bIddIng a project IS not eligible for Federal relffibursement at tlus tlffie. The project must be selected to receive construction fundmg before Federal funds can be expended on final deSIgn costs

Please find attdched two example scope of works for recent projects m Sugar Land and in Pearland. We request that you revIew these scopes and determine If there are Items of work that can be ehmmated from your estimated costs for this project Reducmg the cost of the various projects could enable the MPO to fund the development of prelimInary engmeering on other projects that v. ere not origInally selected. We request that you gIve tlus matter your full attentlOn We may be able to fund one of your unfunded projects Please let us know if funding can be reduced from your project when you submit your comments on the draft agreement

An Equal Opportumty Emplover Mr Alex G Sutton, III, P E November 14, 2000 Page 2

Another key requirement for receiving Federal funds for engmeenng work is that your process to select a consultant conforms to Federal cnteria. Please find attached a sample consultant selection procedure that conforms to Federal guidelmes. We request that you adapt this procedure for use by your agency and that you formally submit tins procedure to us for use on this project Some additional information concerning the consultant selectIon procedure that has been excerpted from a recent TxDOT presentation at the Houston Galveston Area Council has also been included for your information If your agency already has a consultant selection procedure that has been approved by TxDOT, we request that you prOVide us With a letter mdicatmg that you will use that procedure to select a consultant for tins proJect.

We need a copy of a resolutIOn or motlon of the governmg body of your agency that commits funds to thiS project ThIs resolutIOn IS needed as Exlublt C to the agreement. Please proVide tins fundIng commltlnent when you send us the comments on the agreement

The MPO stipulated that the project sponsor must have executed a fundmg agreement With TxDOT withm one year of the approval of the project on the State TransportatIOn ImplementatIOn Plan (STIP) Projects that did not have an executed agreement m tins trme frame were subject to bemg cancelled The subject project was approved for fundIng III the STIP on June 15,2000 Thus, we are already well IlltOthe one year penod We apologize for any delays m transmlttmg thIs draft agreement to you

We are anxIous to start these important projects and look forward to your tlmely response to tlus letter

Please contact Mr Mark D Patterson, P E , at (713) 802-5506, should you have any questlons concerning tlus matter

Smcerely, y;~~R. ~~~ fk=~

Elvia R Cardmal, P E. Manager of Consultant Contract Admmistration Houston Dlstnct MDPha Attachments cc: Mr Mark D. Patterson, P.E. Mr Alan Clark, Houston Galveston Area Councll Fort Bend County CSJ 0912-34-100 Mason Road From FM 359 to Grand Parkway (SH 99)

THE STATE OF TEXAS §

THE COUNTY OF TRAVIS §

AGREEMENT

(SURFACE TRANSPORTATION PROGRAM-

METROPOLITAN MOBILITY REHABILITATION)

THIS 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,

Texas, hereinafter called the "County"

WITNESSETH

WHEREAS, the Intermodal Surface Transportation EffiCiency Act of 1991, ("ISTEA") codified under Title 23 U S C Section 101 et seq, establishes the NatJonal Intenmodal

Transportation System that IS economically effiCient and environmentally sound, proVides the foundalJon for the nation to compete In the global economy, and will move people and goods In an energy effiCient manner, and

WHEREAS, Title 23 U S C Section 133 establishes that Surface Transportation Programs should be developed and Implemented by the State's TransportalJon Agencies, and

WHEREAS, Title 23 US C Section 134 establishes that Metropolitan Planning

Organizations ("MPO's") and the State's Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and

WHEREAS, the County IS a member of the Houston-Galveston Area Council, a

Metropolitan Planning Organization, chartered under the laws of Texas, and 11/6/00 Page 1 of 13 WHEREAS, the State and the County desire Improvements to Mason Road, From FM 359 to Grand Parkway (SH99), as shown In "Exhibit A," to be hereinafter Identified as the "Project", and

WHEREAS, Title 23 U S C Section 120 establishes that the federal share of funding for

Surface Transportation Programs for urbanized areas will not exceed eighty percent (80%) of the

Project cost, and

WHEREAS, the County has offered to participate In the development of the prelimmary englneenng, which Includes but not IS limited to enVIronmental documentatton and clearances, public Involvement, all necessary environmental mltlgatton, and providing other necessary Items reqUired by the State, and

WHEREAS, the State Will secure the federal cost share, review the preliminary englneenng, and provide other Items as reqUIred, and

WHEREAS, on the 28th day of April 2000 the Metropolitan Planning Organization

Passed Amendment 101 to the Transportation Improvement Program, which IS attached to thiS amendment as Exhibit B, that allocate Federal funds for the Project, and

WHEREAS, on the \d~day of\:!{., ~the Fort Bend County Commissioners passed

Resolution NO _, attached hereto and Identified as "Exhibit C," authOriZing the county's participation In the development of the Project, and

WHEREAS, the County and the State agree that completton of the preliminary engmeerlng for thiS Project does not guarantee selection of the Project for Federal construction funding In the future, and

AGREEMENT

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

11/6/00 Page 2 of 13 1. CONTRACT PERIOD

This agreement becomes effective upon final execution by the State and shall terminate

upon completion of the Project or unless terminated or modified as hereinafter provided

2. SCOPE OF PROJECT

The State and the County 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. COUNTY RESPONSIBILITIES

A The County Will prepare or cause to be prepared the ProJect's preliminary engineering,

Including enVIronmental documents necessary for the development of the Project

Development of the preliminary engineering shall inclUde, but not be limited to, preparing

the environmental assessment, nght of way mapping, property deSCriptions, and schematiC

layout, performing field surveys, preparing a drainage study, and conducting public

meetings/hearings The delJverables reqUired by the County are all Items listed above

B The County shall prOVide to the State environmental reports to be submitted to the

appropriate regulatory agency(s), prOViding documentation to the satisfaction of these

regulatory agency(s) that the enVIronmental problems have been remedied

C The County Will be responSible for the preparation of the enVIronmental assessment,

however, the documents Will be reViewed and processed by the State The County Will be

responSible for the assessment, mitigation and remediation of any environmental problems

associated With the development of the PrOject Written certification from the appropriate

regulatory agency(s) that the environmental contamination does not eXist or that any

environmental problems discovered have been remedied Will be reqUired by the State All

costs associated With the remediation of the environmental problems shall be the 11/6/00 Page 3 of 13 responsibility of the County

D The County shall prepare right of way plat(s), property descrlplions and other data as

needed to properly describe the right of way, which the County IS to acquire The right of

way plat(s) and property descnptlons shall be submitted to the State for approval pnor to

the County acqUiring the necessary nght of way TraCings of the plat shall be retained by

the County for ItS permanent records

E The preliminary engineering shall be developed In accordance With the latest edllion

and revIsions of the State's Highway DeSign DIVISion Operations and Procedures Manual

or the American ASSOCiation of State Highway and Transportation Official's A Policy on

Geometric DeSign of Highways and Streets, the Texas Department of Transportation's

1993 Standard Speclficalions for Construction of Highways, Streets and Bridges, federal

regUlations for conformity With the Clean Air Act air quality requirements, the EPA-

National Pollutant Discharge Elimination System requirements, the Texas AcceSSibility

Standards of the Architectural Barriers Act and the Texas Manual on Urllform Traffic

Control DeVices 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

F The County must comply With applicable State and Federal rules and procedures In

selection of the consultant to proVide engineering services for the Project and the

consultant selection procedure must have prior approval by the Texas Department of

Transportation and the Federal Highway Admlrllstralion The State will mOnitor the

County's consultant selection process for adherence to Federal rules and procedures The

consultant selected by the County shall be subject to the approval of the State The

County must submit a copy of the consultant's contract to the State for approval prior to the

consultant starling work The County shall forward to the State a copy of the completed 11/6/00 Page 4 of 13 engineering and design plans for both phases of the Project for review

4. STATE RESPONSIBILITIES

The State will review all preliminary engineering, process enVIronmental documents, and

oversee any necessary public Involvement The State will review and approve the scope

of work for the consultant prepanng the preliminary engineering for the County

5. FUNDING RESPONSIBILITIES

A The total estimated costs associated With the preliminary engineering of the Project IS

$343,613

B The State will be responsible to secure the federal share of funding reqUIre:! for the

preliminary englneenng of the Project The federal share for preliminary engineering of the

PrOject IS eighty percent (80%) of the total estimated eligible cost of preliminary

engineering, not to exceed $274,890 The County will be responsible for twenty percent

(20%) of the total estimated cost of preliminary engineering, pius their share of the State's

reviews cost and the State's Indirect Cost Recovery Plan The County will also be

responsible for any non-federal partiCipation costs associated With the Project

C The estimated preliminary engineering review cost to be Incurred by the Texas

Department of Transportation IS$24,053 Upon execution of this agreement, the County

will submit a check or warrant made payable to the "Texas Department of Transportation"

In the amount of $4,811, which amount is based on twenty percent (20%) of the estimated

preliminary engineering review cost These funds will be utilized by the State to review the

engineering documentation, and cover other InCidental costs

D The County shall make progress payments to the consultant and submit the completed

preliminary engineering to the State for review and approval The County shall retain and

submit to the State all cost documentation associated With the development of the

completed preliminary engineering 11/6/00 Page 5 of 13 E The State shall reimburse the County funds which have been Incurred and are

applicable to the federal cost shanng arrangement established herein The Payments to

the County for services rendered Will be made monthly based upon the County's approved

monthly progress report and Itemized and certified statements (Texas Department of

Transportation Form 132, or an Invoice that ISacceptable to the State) detailed to show the

names of employees, time worked, actual work performed and actual rates Monthly

statements should Include authonzed non-salary expenses with supporting itemized

InVOices The County shall comply with the cost pnnclples established In OMS Circular A-

87, "Cost Pnnclples for State and Local Governments"

F The Itemized and certified statements shall show the total amount earned to the date of

submission and the amount due and payable as of the date of the current statement Final

payment of any money due should be made to the County after satisfactory completion of

all services and obligations covered In thiS contract, Including acceptance of work by the

State and completion of final audit Final payment does not relieve the County of the

responsibility of correcting any errors and/or omissions resulting from negligence

G The onglnal Form 132, or an InVOicethat IS acceptable to the State, and four (4) copies

should be submitted directly to the Dlstnct Office to expedite processing Upon receipt and

approval of each statement, the Department shall pay the amount which IS due and

payable Within thirty (30) days time

H The State Will perform an audit of all costs associated With the Project In the event

additional funding IS reqUired by the County at anytime dunng the ProJect, the County Will

proVide the funds Within thirty (30) days from receipt of the State's wntten notification In

the event any funds are due the County, the State Will promptly make arrangements to

provide the funds to the County

6. INDIRECT COST RECOVERY PLAN 11/6/00 Page 6 of 13 Section 2106, Texas Government Code, requires the State to recover Indirect costs based

on a percentage of the State's actual direct costs to complete the Project The Indirect

costs will be In accordance with the State's Indlrect Cost Recovery Plan and will be based

on the County's funding percentage provided herein The Indirect cost recovery rate In

effect for this project ISzero

7. OWNERSHIP OF DOCUMENTS

Upon completion or termination of this agreement, all documents prepared by the COlnty

shall remain the property of the County and 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

8. TERMINATION

A This agreement may be terminated by any of the following conditions

(1) By mutual written agreement and consent of both parties

(2) By either party, upon the failure of the other party to fulfill the obligation as set

forth herein

B The terminatIOn of this agreement shall extingUish all rights, duties, obligations and

liabilities of the State and County under this agreement If the potential termination of this

agreement IS due to the failure of the County to fulfill ItS contractual obligations as set forth

herein, the State Will notify the County that possible breach of contract has occurred. The

County should make every effort to remedy the breach as outlined by the State within a

period mutually agreed upon by both parties

11/6/00 Page 7 of 13 9. INDEMNIFICATION

To the extent permitted by law, the County shall indemnify and save harmless the State, Its

officers, employees, agents and contractors from all claims and liabilities due to the

activities of the County, Its officers. employees, agents and contractors performed under

thiS agreement and which result from an error, omission or negligent acts of the County, ItS

officers, employees, agents or contractors. Additionally, to the extent permitted by law, the

County shall save harmless the State, ItS officers, employees, agents and contractors from

any and all expenses, Including attorneys fees and court costs which may be Incurred by

the State In litigation or otherwise resisting said claim or liabilities which might be Imposed

on the State as the result of such activities by the County, ItS officers, employees, agents or

contractors

10. AMENDMENTS

Any changes In the time frame, character, agreement prOVIsions or obligations of the

parties hereto shall be enacted by written amendment executed by both the County and

the State

11. 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 hereof and thiS agreement shall be

construed as If such Invalid, Illegal or unenforceable provIsion had never been contained

herein

12. NOTICES

All notices to either party by the other required under thiS agreement shall be delivered

personally or sent by certified U S mall, postage prepaid, addressed to such party at the

follOWing respective addresses 11/6/00 Page 8 of 13 State Texas Department of Transportalion POBox 1386 Houston, TX 77251-1386

or 7721 Washington Avenue Houston, TX 77007

County Fort Bend County 201 Payne Lane POBox 148 Richmond, Texas 77406

All nolices shall be deemed given on the date so delivered or so deposited In the mall,

unless othelWlse provided herein Either party hereto may change the above address by

sending written notice of such change to the other In the manner provided herein

13 SOLE AGREEMENT

This agreement constitutes the sole and only agreement between the parties hereto and

supersedes any prior understandings or written or oral agreements respecting the within

subject matter

14. REMEDIES

Violation or breach of contract terms by the County shall be grounds for termination of the

agreement, and any Increased cost arising from the County's default, breach of contract, or

violation of terms shall be paid by the County This agreement shall not be considered as

specifying the exclUSive remedy for any default, but all remedies eXisting at law and In

equity may be availed of by either party and shall be cumulalive

15. INSPECTION OF COUNTY'S BOOKSAND RECORDS

The State Will, for purpose of termination of the agreement prior to complelion, examine the

books and records of the County for the purpose of checking the amount of the work

performed by the County at the time of contract termination The County shall maintain all

books, documents, papers, accounting records and other documentalion relating to costs

Incurred under this agreement and other documentalion relating to costs Incurred under 11/6/00 Page 9 of 13 this agreement and shall make such matenals available to the State, Federal Highway

Administration (FHWA) or ItS duly authonzed representatives for four (4) years from the

date of final payment under this contract or until Impendlrlg litigation IS resolved

Additionally. the State, FHWA, and Its duly authonzed representalives shall have access to

all records of the County which are directly applicable to this agreement for the purpose of

making audits, examinations, excerpts, and transcnptlons

16. OMS A·133 AUDIT REQUIREMENTS

The County shall comply with the requirements of the Single Audit Act of 1984, P L 98-

502, ensunng that the slrlgle audit report Includes the coverage stipulated In OMS Circular

No A-133

17 PROCUREMENT STANDARDS

The County shall adhere to the procurement standards set forth In Title 49 CFR Part

1836

18. PROPERTY MANAGEMENT STANDARDS

The County shall adhere to the property management standards set forth In Title 49 CFR

Part 18 32

19. COMPLIANCE WITH LAWS

The County shall comply with all Federal, State, and local laws, statutes, ordinances,

rules and regulations, and the orders and decrees of any court, admlrllstratlon bodies, or

tribunals in any matter affecting the performance of the agreement

11/6/00 Page 10 of 13 20. CIVIL RIGHTS COMPLIANCE

The County shall comply with the regulations of the Department of Transportation as

they relate to nOndiSCrimination (49 CFR 21 and 23 CFR 710405 (B)), also Executive

Order 11246 titled "Equal Employment OpportUnity," as amended by Executive Order

11375 and as supplemented In the Department of Labor regulations (41 CFR 60)

21. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS

The County shall comply with the "Minority Business Enterprise Program Requirements"

established In 49 CFR Part 26

22 DEBARMENT CERTIFICATIONS

The County IS prohibited from making any award at any tier to any party which IS

debarred or suspended or otherwise excluded from or Ineligible for partiCipation In

Federal assistance programs under Executive Order 12549, Debarment and

Suspension The County shall require any party to a subcontract or purchase order

awarded under this contract as speCified In Title 49 of the Code of Federal Regulation,

Part 29, (Debarment and Suspension) to certify ItS eligibility to receive Federalfunds and,

when requested by the State, to furnish a copy of the certification

23. SIGNATORY WARRANTY

The signatories to thiS agreement warrant that each has the authority to enter Into thiS

agreement on behalf of the entity they represent

11/6/00 Page 11 of 13 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts

Typed Name

Date

, ' . "~ • ,,' .J ATIEST ~N -- ; r.::..:" ~('): - (; :

• "-",00.

~.... r ....; •.- .... -

11/6/00 Page 12 of 13 THE STATE OF TEXAS

Executed for the Execulive Director and approved for the Texas Transportation Commission under the authority of Minute Order No 100002 and Administrative Circular 26-93 and superseded by Stand Alone Manual NotIce 00-3, for the purpose and effect of aclivatmg andlor carrying out the orders, established policies or work programs heretofore approved by the Texas

Transportation Commission

By _

Jennifer 0 Soldano Director Contract Services Office

Date

11/6/00 Page 13 of 13 s

---

i ISH99~

\ l, 1_ " "i- , ,- - -~ \ I . § ~

j 1

I . '\, ir-B-E-G-'-N-P-R-O-JE...JCT ~,

j, i I \ ~;.' 0 ------J - t @ - - i -- ) I ~' !

EXHIBIT A CSJ 0912·34·100 MASONRD From FM 359 to SH 99 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT

') istrict. Houston

Type of Amendment: Administrative TPC _-':"-'--_ STIP Revision X x --'-"---

Program: CMAQ STP -,-X TRANSIT __ OTHER _

Highway: -'-V.:..:A=---- TIP Number: CSJ: 0912-00-946

Limits: At various locations

Type of Work: PE EA set aside

Requested Amendment: Split out 17 preliminary engineering/environmental analysis projects as shown in the attached table. The remaining lump sum project will have a balance of$77,991.

2000-2002 TIP Amendment Number: 101

Approved By:

~1k&A 4bbo &~lJ.~~ 4jJ~~<.!U Alan Clark Date Carol W. Nixon, .E. Date MFO Director Director of District Houston-Galveston Area Couitcil Transportation Planning TxDOT, Houston DIstrict 41:J.l~(' i Tom Reid Date Secretary Transportation Policy Council

EXHIBITB PAGE 1 OF3 PAGE 1 04111100 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT 101 HOUSTON-GALVESTON MPO

ORIGINAL CSJ NAME OR DESIGNATION APPN CAT I COST 1 FEDERAL PROJ 10 Dlsnuer LOCATION (FROM) APPNCAT2 COST2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL RVNDATE CITY DESCRlmON OF WORK APPN CAT 4 COST 4 LCLCONTIUB PHASE COMMENTS TOTAL FY 2001 0912-00-946 VA STP-MM 16,767.000 S5 -4l3.600 HOUSTON VARIOUS SO SO 08/2001 HAJUUS SO SI.353 ..4oo OUIER PE EA SET ASIDE SO SO C,E.R .cC S"IP-METRO $6767,000

AMENDED CSJ· NAME OR DESIGNATION APPNCAT I COST 1 FEDERAL PROJ ID DlSTIUer LOCATION (FROM) APPNCAT2 COST2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COST l LOCAL RVNDATE CITY DESCRlmON OF WORK APPN CAT 4 COST 4 LCLCONTIUB PHASE COMMENTS TOTAL FY2001 0543-02-900 FM359 S1P-MM 5310)75 1148.,300 HOUSTON US 90 SO SO 0812001 FORT BEND JONESCR£EK SO S02,07' 04120Q0 OUIER PREI..lMINARY ENGINEERINGIENVIRONMEN'TAL mAL YSIS so so E - .cc srp·METRO MOB S310,.375 0912-31-910 CR s1P-MM 1285,000 $228,000 HOUSION COUNTY ROAD -40) FROM sa 288 SO so 0812001 BllAZORlA fM80' SO 157,000 04120Q0 OUIER PRELIMINARY ENGINHRINGIENVIRONMEN'T AL ANALYSIS SO SO E •

AMENDED CSI NAME OR DESIGNATION APPN CAT 1 COST 1 FEDERAL PROIlD DISTRICT LOCATION (FROM) APPNCAT2 COST2 STAIT LETDAIT COwrY LOCATION (TO) APPNCAT3 COST3 LOCAL RVNDAIT crIY DESCRlPTION OF WORK APPN CAT 4 COST 4 LCLCONTRlB PHASE COMMENTS TOTAL 0912·71·921 CS STP·MM 1438,200 SJ90.S60 HOUSTON ON GE1l.RORN FROM WOODFORESr l

EXHIBITB PAGE30F3 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS \40 COUNTY OF FORT BEND §

RESOLUTION

On thiS the \d-~ay of December, 2000, the CommiSSIOners' Court, actmg as the governmg body of Fort Bend County, Texas, at a regUI~On motlon of Commissioner \S\..~~ , seconded by CommiSSioner , duly put and carned

WHEREAS, Fort Bend County ("County") ISa member of the Houston-Galveston Area CouncIl, a Metropohtan Planmng OrgaruzatlOn ("MPO"), which IS charged with developmg transportatlon plans and programs for urbanized areas of the State of Texas ("State"),

WHEREAS, the State and County deSire improvements to Mason Road from FM 359 to Grand Parkway (SH 99), (the "ProJect"),

WHEREAS, the Project was selected for federal fundmg under Category 4C, Metro MoblhtylRehablhtatlOn Program for prehmmary engmeenng servIces,

WHEREAS, the County Wishes to participate m the Project m accordance WIth Federal Highway Admmlstratlon and Texas Department of TransportatIOn reqUIrements,

WHEREAS, the State of Texas WIll secure the federal cost share, review the prehmmary engmeenng and proVide other Items as reqUIred, and

WHEREAS, the County resolves to commit 20% of the estlmated prelImmary engmeermg review costs

NOW THEREFORE, BE IT RESOLVED AND DECREED by the CommissIOners' Court of Fort Bend County, Texas, that Fort Bend County has entered mto an Agreement with the Texas Department of TransportatIOn to partiCipate m the development of the prelIminary engmeenng review for Improvements to Mason Road from FM 359 to Grand Parkway (SH 99)

PASSED AND APPROVED t1us the \ ()..~ day of December, 2000

1<.L. lY51t1£}£s 'P/7. ATTEST r'1 .~ -" ~ Diaqne Wilson, County Clerk

II) mObility prO)ec~[~s ddlj 3611 )20600

" ' Exhibit "G" FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE , IJ 1/ DATE SUBMITTED: /7-/5100 SUBMITTED BY: r. AGENDA DEPARTMENT: em' 1,lll-e9· ITEM COURT AGENDA DATE: -DJa-/ r» PHONE NO.: 3

SUMMARY OF ITEM: m

RENEWAL CONTRACT/AGREEMENT: Yes () No ()

LIST SUPPORTING DOCUMENTS ATTACHED:

FINANCIAL SUMMARY:

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:

Yes () No () N/A () One Time ()

Funding Source: Recurring ( ) fund agcy ObJect _ N/A ()

Original Form Submitted with back up to County JUdge's Office: Yes (~

CC with back up: yes (1Auditor (281-341-3774) yes ('( Comm. Pet. 1 (281-342-0587) yes (iBudget Officer (281-344-3954) yes (r Comm. Pet. 2 (281-403-8009) yes nCounty Attorney (281-341-4557) yes (0{ Comm. Pet. 3 (281-242-9060) yes ("1'.furchasing Agent (281-341-8642) yes (1Comm. Pet. 4 (281-980-9077) yes (-)County Clerk (281-341-8697)

I'nstruchons for submitting an Agenda Requ~:

Completely fill out agenda form, incomplete forms will not be processed. 2. 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.. 3. All onginal back-up must be receIVed m the County Judges Office b~ 2:00 p.m. on Wednesday.

RECOMMENDATION I ACITON REQUESTED: , .

I~*Texas Department of Transportation POBOX 1386 • HOUSTON, TEXAS 77251·1386 • (713) 802·5000

November 14, 2000 CONTACT CONSULTANT

Fort Bend County CSJ 0912-34-100 CR. Mason Road from FM 359 to Grand Parkway (SH 99)

Mr D Jesse Hegemler, P E. County Engmeer Fort Bend County Engmeenng Department 1124 Blume Road Rosenberg, Texas 77471-1449

Dear Mr Hegemler

You recently nommated the subject project to receive Federal fundmg for prehmmary engmeenng The subject project was selected for fundmg under the Category 4C Metro MoblhtylRehablhtatIon Program ThIs project will be admmlstered by the Texas Department of TransportatIOn (TxDOT) m conjunctIon With your agency One of the reqUIrements of all Federally funded programs is that the sponsonng entIty enters mto an agreement With TxDOT Please find attached a draft funding agreement We request that you review the agreement and proVide us with any comments that you may have We Will incorporate your comments mto the agreement and send you a final agreement for signature

Recent diSCUSSIOnsbetween TxDOT and the Metropolitan Planmng OrganizatIOn (MPO) have mdlcated that there might be some confusion concerning the scope of work for prelimmary engineering It appears that some project sponsors may have included final deSIgn costs m theIr estimated costs for the prehminary engmeenng work PreparatIOn of final deSign documents that could be used for blddmg a project IS not ehglble for Federal reImbursement at thIS time The project must be selected to receIve construction fundmg before Federal funds can be expended on final deSIgn costs

Please find attached two example scope of works for recent projects m Sugar Land and m Pearland We request that you revIew these scopes and determme If there are items of work that can be ehmmated from your estimated costs for thIS project Reducmg the cost of the vanous projects could enable the MPO to fund the development of prehmmary engmeering on other projects that were not ongmally selected. We request that you gIve thIS matter your full attention We may be able to fund one of your unfunded projects Please let us know If funding can be reduced from your project when you submIt your comments on the draft agreement

An Equal Opportunity Employer Mr. Alex G Sutton, III, P,E November 14,2000 Page 2

Another key requirement for receiving Federal funds for engmeering work ISthat your process to select a consultant conforms to Federal criteria. Please find attached a sample consultant selectIOn procedure that conforms to Federal gUidelines We request that you adapt this procedure for use by your agency and that you formally submit this procedure to us for use on this project. Some addJtlonallnformation concerrung the consultant selection procedure that has been excerpted from a recent TxDOT presentatIOn at the Houston Galveston Area Council has also been included for your Information If your agency already has a consultant selectIOn procedure that has been approved by TxDOT, we request that you provide us With a letter indicating that you will use that procedure to select a consultant for Hus project

We need a copy of a resolutIOn or motion of the governing body of your agency that commits funds to this project This resolutIOn is needed as Exhibit C to the agreement Please provide tlus fundmg commitment when you send us the comments on the agreement

The MPO stipulated that the project sponsor must have executed a funding agreement With TxDOT within one year of the approval of the project on the State TransportatIOn Implementation Plan (STIP) Projects that did not have an executed agreement m thiS time frame were subject to bemg cancelled The subject project was approved for funding m the STIP on June 15,2000. Thus, we are already well mto the one year penod We apologize for any delays m transmitting tlus draft agreement to you

We are anxIOus to start these important projects and look forward to your timely response to thiS letter

Please contact Mr Mark D Patterson, P E , at (713) 802-5506, should you have any questIOns concernmg thiS matter

Smcerely, £~,:.R. ~~~ fed

ElVia R. Cardmal, P E Manager of Consultant Contract AdmmlstratlOn Houston Dzstnct MDp'ha Attachments cc Mr Mark D Patterson, P E Mr Alan Clark, Houston Galveston Area Councll Fort Bend County CSJ 0912-34-100 Mason Road From FM 359 to Grand Parkway (SH 99)

THE STATE OF TEXAS §

THE COUNTY OF TRAVIS §

AGREEMENT

(SURFACE TRANSPORTATION PROGRAM-

METROPOLITAN MOBILITY REHABILITATION)

THIS 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,

Texas, hereinafter called the "County"

WITNESSETH

WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 use Section 101 et seq, establishes the National Intermodal

Transportation System that IS economically efficient and enVIronmentally sound, provides the foundation for the nation to compete In the global economy, and will move people and goods In an energy efficient manner, and

WHEREAS, Title 23 U S C Section 133 establishes that Surface Transportation Programs should be developed and Implemented by the State's Transportation Agencies, and

WHEREAS, Title 23 US C SectJon 134 establishes that Metropolitan Planning

OrganlzatJons ("MPO's") and the State's Transportation AgenCies develop transportation plans and programs for urbanized areas of the State, and

WHEREAS, the County IS a member of the Houston-Galveston Area Council, a

Metropolitan Planning Organization, chartered under the Jaws of Texas, and 11/6/00 Page 1 of 13 WHEREAS, the State and the County desire Improvements to Mason Road, From FM 359 to Grand Parkway (SH99), as shown In "Exhibit A," to be hereinafter Identified as the "Project", and

WHEREAS, TItle 23 US C Section 120 establishes that the federal share of funding for

Surface Transportation Programs for urbanized areas will not exceed eighty percent (80%) of the

Project cost, and

WHEREAS, the County has offered to participate In the development of the preliminary englneenng, which Includes but not IS limited to environmental documentalion and clearances, public Involvement, all necessary environmental mitigation, and providing other necessary Items required by the State, and

WHEREAS, the State will secure the federal cost share, review the preliminary englneenng, and provide other Items as required, and

WHEREAS, on the 28th day of Apnl 2000 the Metropolitan Planning Organization

Passed Amendment 101 to the Transportation Improvement Program, which IS attached to thiS amendment as Exhibit B, that allocate Federal funds for the Project, and

WHEREAS, on the~ day o~, ~the Fort Bend County Commissioners passed

Resolution NO _, attached hereto and Idenlified as "Exhibit C," authonzlng the county's participation In the development of the Project, and

WHEREAS, the County and the State agree that completion of the preliminary englneenng for thiS Project does not guarantee seleclion of the Project for Federal construction funding In the future, and

AGREEMENT

11/6/00 Page 2 of 13 1. CONTRACT PERIOD

This agreement becomes effective upon final execution by the State and shall terminate

upon completion of the Project or unless terminated or modified as hereinafter provided

2. SCOPE OF PROJECT

The State and the County agree that the scope of the Project IS to prepare the

environmental assessment, nght of way maps, property descriptions, schematic layout,

perform field surveys, prepare a drainage study, conduct public meetlngs/heanngs, and

any other work necessary to perform preliminary engineering

3. COUNTY RESPONSIBILITIES

A The County will prepare or cause to be prepared the Project's preliminary engineering,

Including environmental documents necessary for the development of the Project

Development of the preliminary engineering shall Include, but not be limited to, preparing

the environmental assessment, right of way mapping, property descriptions, and schematic

layout, performing field surveys, preparing a drainage study, and conducting public

meetings/hearings The deliverables reqUired by the County are all Items listed above

B The County shall provide to the State enVIronmental reports to be submitted to the

appropriate regUlatory agency(s), providing documentation to the satisfaction of these

regulatory agency(s) that the environmental problems have been remedied

C The County Will be responSible for the preparation of the enVIronmental assessment,

however, the documents Will be reViewed and processed by the State The County Will be

responSible for the assessment, mitigation and remediation of any environmental problems

associated with the development of the Project Wntten certification from the appropriate

regulatory agency(s) that the enVIronmental contamination does not eXist or that any

environmental problems discovered have been remedied Will be reqUired by the State All

costs associated with the remediation of the environmental problems shall be the 11/6/00 Page 3 of 13 responsibility of the County

D The County shall prepare nght of way plat(s), property descnptlons and other data as

needed to properly descnbe the nght of way, whIch the County IS to acqUire The nght of

way platts) and property descnptlons shall be submitted to the State for approval pnor to

the County acqUlnng the necessary nght of way Tracings of the plat shall be retained by

the County for ItS permanent records

E The preliminary englneenng shall be developed In accordance With the latest edllion

and reVISions of the State's Highway Design DIVISionOperations and Procedures Manual

or the Amencan Association of State Highway and Transportation OffiCial's A Policy on

Geometric Design of Highways and Streets, the Texas Department of Transportation's

1993 Standard Specifications for Construclion of Highways, Streets and Bndges, federal

regulations for conformity With the Clean Air Act air quality requirements, the EPA-

Nalional Pollutant Discharge Elimination System reqUIrements, the Texas Accessibility

Standards of the Architectural Barriers Act and the Texas Manual on Uniform Traffic

Control Devices In addition, all englneenng 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

F The County must comply With applicable State and Federal rules and procedures In

seleclion of the consultant to proVide englneenng services for the Project and the

consultant selection procedure must have pnor approval by the Texas Department of

Transportation and the Federal Highway Administration The State Will mOnitor the

County's consultant selection process for adherence to Federal rules and procedures The

consultant selected by the County shall be SUbject to the approval of the State The

County must submit a copy of the consultant's contract to the State for approval pnor to the

consultant starting work The County shall forward to the State a copy of the completed 11/6/00 Page 4 of 13 englneenng and design plans for both phases of the Project for review

4. STATE RESPONSIBILITIES

The State will review all preliminary englneenng, process environmental documents, and

oversee any necessary public Involvement The State will review and approve the scope

of work for the consultant preparing the preliminary englneenng for the County

5. FUNDING RESPONSIBILITIES

A The total estimated costs associated With the preliminary engineering of the Project IS

$343,613

B The State will be responSible to secure the federal share of funding require:! for the

preliminary engineering of the Project The federal share for preliminary englneenng of the

Project IS eighty percent (80%) of the total estimated eligible cost of preliminary

engineering, not to exceed $274,890 The County will be responSible for twenty percent

(20%) of the total eslimated cost of preliminary englneenng, plus their share of the State's

reviews cost and the State's Indirect Cost Recovery Plan The County will also be

responSible for any non-federal partiCipation costs associated With the Project

C The estimated preliminary engineering review cost to be Incurred by the Texas

Department of Transportation IS $24,053 Upon execution of this agreement, the County

will submit a check or warrant made payable to the "Texas Department of Transportalion"

in the amount of$4,811, which amount IS based on twenty percent (20%) of the estimated

preliminary englneenng review cost These funds will be utilized by the State to review the

englneenng documentation, and cover other Incidental costs

D The County shall make progress payments to the consultant and submit the completed

preliminary englneenng to the State for review and approval The County shall retain and

submit to the State all cost documentation associated With the development of the

completed preliminary engineering

11/6/00 Page 5 of 13 E The State shall reimburse the County funds which have been Incurred and are

applicable to the federal cost shanng arrangement established herein The Payments to

the County for services rendered will be made monthly based upon the County's approved

monthly progress report and Itemized and certified statements (Texas Department of

Transportation Form 132, or an inVOicethat ISacceptable to the State) detailed to show the

names of employees, time worked, actual work performed and actual rates Monthly

statements should Include authonzed non-salary expenses with supporting Itemized

inVOices The County shall comply with the cost principles established In OMS Circular A-

87, "Cost Pnnclples for State and Local Govemments "

F The Itemized and cerlified statements shall show the total amount earned to the date of

submission and the amount due and payable as of the date of the current statement Final

payment of any money due should be made to the County after satisfactory complelion of

all services and obligations covered In this contract, including acceptance of work by the

State and completion of final audit Final payment does not relieve the County of the

responSibility of correcting any errors andlor omiSSions resulting from negligence

G The onglnal Form 132, or an Invoice that IS acceptable to the State, and four (4) copies

should be submitted directly to the District Office to expedite processing Upon receipt and

approval of each statement, the Department shall pay the amount which IS due and

payable within thirty (30) days time

H The State will perform an audit of all costs associated with the Project In the event

additional funding IS required by the County at anytime dUring the ProJect, the County Will

prOVide the funds within thirty (30) days from receipt of the State's wntten notification In

the event any funds are due the County, the State will promptly make arrangements to

prOVide the funds to the County

6. INDIRECT COST RECOVERY PLAN 11/6/00 Page 6 of 13 Secbon 2106, Texas Govemment Code, requires the State to recover Indirect costs based

on a percentage of the State's actual direct costs to complete the Project The indirect

costs will be In accordance with the State's Indirect Cost Recovery Plan and will be based

on the County's funding percentage provided herein The indirect cost recovery rate In

effect for this project is zero

7. OWNERSHIP OF DOCUMENTS

Upon completion or termination of this agreement, all documents prepared by the COlJ1ty

shall remain the property of the County and 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 restnctlon or limitation on their further use

8 TERMINATION

A This agreement may be terminated by any of the following conditions

(1) By mutual wntten agreement and consent of both parties

(2) By either party, upon the failure of the other party to fulfill the obligation as set

forth herein

B The termination of this agreement shall extingUish all nghts, duties, obligations and

liabilities of the State and County under this agreement If the potential termination of this

agreement IS due to the failure of the County to fulfill ItS contractual obligabons as set forth

herein, the State will notify the County that possible breach of contract has occurred The

County should make every effort to remedy the breach as outlined by the State Within a

penod mutually agreed upon by both parties

11/6/00 Page 7 of 13 9. INDEMNIFICATION

To the extent permitted by law, the County shall indemnify and save hanmless the State, Its

officers, employees, agents and contractors from all claims and lIabllllies due to the

activities of the County, Its officers, employees, agents and contractors performed under

thiS agreement and which result from an error, omission or negligent acts of the County, Its

officers, employees, agents or contractors Additionally, to the extent permitted by law, the

County shall save harmless the State, ItS officers, employees, agents and contractors from

any and all expenses, inclUding attomeys fees and court costs which may be Incurred by

the State In llligation or otherwise resisting said claim or lIabllllies which might be Imposed

on the State as the result of such actiVities by the County, ItS officers, employees, agents or

contractors

10. AMENDMENTS

Any changes In the time frame, character, agreement prOVISions or obligations of the

parties hereto shall be enacted by wntten amendment executed by both the County and

the State

11. 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 hereof and thiS agreement shall be

construed as If such Invalid, Illegal or unenforceable prOVISionhad never been contained

herein

12. NOTICES

All notices to either party by the other reqUIred under thiS agreement shall be delivered

personally or sent by certified U S mall, postage prepaid, addressed to such party at the

follOWing respective addresses 11/6/00 Page 8 of 13 State Texas Department of Transportatlon POBox 1386 Houston, TX 77251-1386

or 7721 Washington Avenue Houston, TX 77007

County Fort Bend County 201 Payne Lane POBox 148 Richmond, Texas 77406

All notices shall be deemed given on the date so delivered or so deposited In the mall,

unless otherwise provided herein Either party hereto may change the above address by

sending written notice of such change to the other In the manner provided herein

13. SOLE AGREEMENT

This agreement conslitutes the sole and only agreement between the parties hereto and

supersedes any prior understandings or written or oral agreements respecting the within

subject matter

14. REMEDIES

Violation or breach of contract terms by the County shall be grounds for termination of the

agreement, and any Increased cost arising from the County's default, breach of contract, or

vlolalion of terms shall be paid by the County This agreement shall not be considered as

specifying the exclUSive remedy for any default, but all remedies eXisting at law and In

eqUity may be availed of by either party and shall be cumulative

15. INSPECTION OF COUNTY'S BOOKS AND RECORDS

The State Will, for purpose of termlnalion of the agreement prior to completion, examine the

books and records of the County for the purpose of checking the amount of the work

performed by the County at the time of contract termlnalion The County shall maintain all

books, documents, papers, accounting records and other documentation relating to costs

Incurred under this agreement and other documentation relating to costs Incurred under 11/6/00 Page 9 of 13 this agreement and shall make such matenals available to the State, Federal Hlghwa~S PER ORIGINAL

Administration (FHWA) or Its duly authonzed representalives for four (4) years from the

date of final payment under this contract or until Impending litigation is resolved.

Addllionally, the State, FHWA, and Its duly authonzed representalives shall have access to

all records of the County which are directly applicable to this agreement for the purpose of

making audits, examlnatrons, excerpts, and transcnptlons

16. OMS A-133 AUDIT REQUIREMENTS

The County shall comply With the reqUirements of the Single Audit Act of 1984, P L 98-

502, ensunng that the Single audit report includes the coverage stipulated In OMS Circular

No A-133 17. PROCUREMENT STANDARDS

The County shall adhere to the procurement standards set forth in Title 49 CFR Part

1836

18. PROPERTY MANAGEMENT STANDARDS

The County shall adhere to the property management standards set forth In Title 49 CFR

Part 18 32

19. COMPLIANCE WITH LAWS

The County shall comply With all Federal, State, and local laws, statutes, ordinances,

rules and regulations, and the orders and decrees of any court, administration bodies, or

tnbunals In any matter affecling the performance of the agreement

11/6/00 Page 100f13 20. CIVIL RIGHTS COMPLIANCE

The County shall comply with the regulations of the Department of Transportation as

they relate to nondlscnmlnatlon (49 CFR 21 and 23 CFR 710405 (B)), also Executive

Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order

11375 and as supplemented In the Department of Labor regulations (41 CFR 60)

21. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS

The County shall comply with the "Mlnonty Business Enterpnse Program Requirements"

established In 49 CFR Part 26

22. DEBARMENT CERTIFICATIONS

The County IS prohibited from making any award at any tier to any party which IS

debarred or suspended or otherwise excluded from or ineligible for participation In

Federal assistance programs under Executive Order 12549, Debarment and

Suspension The County shall require any party to a subcontract or purchase order

awarded under this contract as speCified In Title 49 of the Code of Federal RegUlation,

Part 29, (Debarment and Suspension) to certify ItS eligibility to receive Federalfunds and,

when requested by the State, to furnish a copy of the certification

23. SIGNATORY WARRANTY

The signatones to this agreement warrant that each has the authonty to enter Into this

agreement on behalf of the entity they represent

11/6/00 Page 11 of 13 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts

Typed Name

Title

l'l l i ,

... - . ~:' < ",,'>~""" ATIEST ? ~.// ~~: -:.. , l : ;. ~)" . ... .- -. ":.-~'.;,::" ,. . '. ...." '.". .

11/6/00 Page 12 of 13 THE STATE OF TEXAS

Executed for the Executive Director and approved for the Texas Transportation Commission under the authority of Minute Order No 100002 and AdmlrJIstratlve Circular 26-93 and superseded by Stand Alone Manual Notice 00-3, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved by the Texas

TransportatIOnCommiSSion

By _

Jennifer D Soldano Director Contract Services Office

Date

11/6/00 Page 13 of 13 , ",,--- I ------] SH 99 - __

•

, ""'"'~ , l ~'\,,~ -- I ~ \• ~~ -, ~ ! I IDA.WRE.oT>< ~,- -- ,,------" BEGIN PROJECT

, ,/ __ ~===i /~ -- , '

EXHIBIT A CSJ 0912-34-100 MASON RD From FM 359 to SH 99 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT

'listriet: Houston

Type of Amendment: Administrative TPC _--=-=-_x STIP Revision -~--X Program: CMAQ STP -:..::X__ TRANSIT __ OTHER _

Highway. _V~A,-- TIP Number. CSJ: 0912-00-946

Limits: At various locatIOns

Type of Work: PE EA set aside

Requested Amendment: Split out 17 preliminary engineering/environmental analysis projects as shown in the attached table. The remaining lump sum project will have a balance of$77,991.

2000-2002 TIP Amendment Number: 101

Approved By:

~~(l2/! 4b»bo &~w.~~ #J2./:2.LJ «! U Alan Clark Date Carol W. Nixon, .E. Date MPO Director Director of District Houston-Galveston Area COtulcil Transportation Planning TxDOT, Houston District

EXHIBITB PAGE 1 OF3 PAGE I 04/11/00 2000-2002 TRANSPORT AnON IMPROVEMENT PROGRAM AMENDMENT 101 HOUSTON-GALVESTON MPO

ORIGLNAL CSJ NAME OR DESIGNATION APPN CAT I COST I FEDERAL PROJ ID DISTRICT LOCATION (fROM) APPNCAT2 COST2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL RVNDATE aIY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCLCONTRIO PHASE COMMENTS TOTAL FY 2001 0912-00-946 VA S11'-MM 16,767,000 $5,<4L3.6OO HOUSTON VARIOUS SO SO 0812001 IlARRlS so 11.353,<400 otHER PE EA SET ASIDE so so C.E.R .cC STP-METRO 16.767,000

AMENDED CSJ' NAME OR DESIGNATION APPN CAT 1 COST 1 FEDERAL PROJ ID D1STRJCT LOCATION (FROM) APPNCAT2 COST2 STATE LET DATE COUNTY LOCATION (TO) APPNCAT3 COST3 LOCAL RVNDATE aIY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCLCONTRIB PHASE COMMENTS TOTAL FY 2001 054]-02-900 FM359 S11'-MM 1310,.375 $248,.300 HOUSTON US 90 $0 so O&!2001 FORT BEND 10NESCREEK so $62,015 0412000 OtHER PR.EI...IMrnAR.Y ENGThlEERINGlENVIRONMENTAL ANALYSIS so so E - .C S11'-MElRO MOB $310,315 0912-31-910 CR SlP-MM 1285,000 1228,000 HOUSTON COUNTY ROAD .c03 FROM SH 288 so so 08/2001 BRAZORIA FMS65 so $57,000 0412000 OtHER PREl.lMINAR.V ENGINEERINGlENVIRONMEl'ITAL ANAL ysrs so so E \ .C S11'-MElRC\MOB $285,000 0912-J.4·9Q4 CR SlP-MM ~"3.613 $274,890 HOUSTON MASON ROAD FROM I'M 359 so so 0&/2001 FORTBEND SH99 so S68.nZ 0412000 OTHER PRELIMmARY ENGrNEERlNG'ENVIRONMENTAL ANAL YSlS so so E

AMENDED CS) NAME OR OES1GNA nON APPN CAT 1 COST I FEDERAL PRO) 10 DISTRICT LOCA nON (FROM) APPN CAT 2 COST 2 STATE LET DATE COUNTY LOCA nON (TO) APPNCAT3 COST3 LOCAL RVNDATE cnY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRJIJ PHASE COMMENTS TOTAL 0912·71·927 cs STP-MM S488):OO $390,560 HOUSTON ON GEI.l.l{ORN FROM WOODfOREST so SO 0812001 KAJUUS MCCARTY SO $97640 0412000 otHER PREUMINAR Y ENGlNEERINGIENVlRONMENrAL ANAL YSlS SO SO E OCC STP.METRO MOB $0488)00 0912-71-94] cs 5TP·MM $440,000 $352,000 HOUSTON GR£E2

~~EXHIBITB PAGE30F3 AITACHMENT A~~

~~SERVICES TO BE PROVIDED BY THE CITY Widening of Dixie Farm Road from Beamer Road to SH 35~~

The City of Pearland. either from Its own sources or through the Texas Department of TransportatIOn (TxDOT) will furnish to the EngIneer the followmg Items upon request and on a timely, responsive schedule

~~1. Furnish aVailable survey honzontal control points In the project area~~

~~2. Furnish survey bench mark elevatIOns and descriptlons for vertical control In the project area~~

~~3. Furnish data that the City or TxDOT has on file concerning tlus project, Includmg "as- built" plans of Beamer Road. FM 518, SH 35 and eXISting DiXIe Farm Road~~

~~4. Furnish existIng nght-of-way plans for DIXie Farm Road, Beamer Road, FM 518, and SH 35~~

~~5 Furnish Interface data for any projects adjacent to this project.~~

~~6 Furnish a tabulation of twelve month moving average UnIt pnces stateWide and for the HOIIStonDistrict of TxDOT.~~

~~7. Furnish a cover sheet for the preluninary Right-of-Way requirement maps~~

~~8 Furnish a copy of the Major Thoroughfare Plan for the region~~

~~9 Furnish zoning maps or land use masterplans of the area.~~

~~10. Furnish study reports of data on economic conditions and charactenstics, such as descriptions of the work force, commercial and industnal activities and theIr contributlon to the area's economy~~

~~1I. Furnish populatIOn data and study reports addreSSIng historic and projected population distribution by age, gender, ethnic background, etc~~

~~12 Assist the Engineer, as necessary, In order to obtain the reqUIred data and information from other local, regional, State and Federal agencies that is not easily obtained by the Engineer.~~

~~13. Furnish existing aerial photography and mappIng of the DIXIe Fann Road comdor. ATTACHMENT B~~

~~SERVICES TO BE PERFORMED BY THE ENGINEER Widening of Dixie Farm Road from Beamer Road to SH 35~~

The work to be perfonned by the Engineer under this contract shall consist of the development of alternative cross sections for preliminary design. the study of a preferred design concept for the portion of the route within the Brio Superfund site. the determination of preIuniruuy nght-

'The scope of work for engineering and planning services for widening Dixie Fann Road within the limits specified above will also include the development of a traffic analysis of the area influenced by the improvements as required for performing SOV justification study, and a preliminary drainage analysis of the drainage channelS crossing the route (Mud Gulley, Clear Creek. Mary's Creek, Mary's Creek Bypass and Cowart Creek).

The Engineer will provide qualified personnel, equipment, materials and supplies required to determine the most feasible design for the new facility in accordance with the requirements. policies and general practices of the City of Pearland and of the Texas Department of Transportation {TxDOn. 'The Engineer will provide overall project supervision, management, administration and coordination and will be the single source of contact between the Owner and all subcontractors. The Engineer will perform ail project planning, review all work performed by subcontractors, coordinate and conduct all meetings and prepare and submit all project reports and documents.

'The worle under this contract will be perfonned in accordance with the attached Exhibit A (WORK OUTLINE) and will be completed in ten (10) months after =ipt of written notiee to proceed as shown on Attachment C (SCHEDUlE). It is also the intent of Exhibit A., in coordination with Attachment B. to help to clarify the scope of work. Payment to the Engineer for services under this contract will be stated in Attachment D.

~~Schematic Layout~~

Route location studies will be conducted for the purpose of preparing schematic layouts for the study of alternative cross sections, drainage and right-of-way requirements plus the "no- build" alternative for Dixie Fann Road from Beamer Road to SH 35 These studies will be conducted while working closely with the City of Pearland and TxDOT. The portion of the alignment which lies within the BRIO Superfund site will be studied for an aIternative alignment The alignment alternative will be developed after analyzing existing conditions including environmental considerations, traffic projections. right-of-way requirements, land use patterns. floodplain impacts and construction costs. The portion of the route south of the BRIO site to SH 35 will be studied for alternative cross sections only within the current alignment.

1 of 5 The data base to be used for the alignment studies wIll be on aerial photography prOVIded by the City of Pearland. The portion of mapping beyood the Pearland CIty lmuts to Beamer Road will be mapped from existing aerial photography as part of this project.. All required mapping wil1 be developed based on the metric system of measurement uSing straIght conversions of horizontal and vertical data. Preluninary studies for the Wlderung alternative will be conducted and presented on photo mosaic prints from the photogrammetry provided by the City. The Engineer shall develop the following for the widening alternative:

~~A. A schematic layout on photomosaic reproducIble prints~~

~~B. Preliminary right--of-way requirements~~

~~C. Construction cost estimates~~

~~D. Traffic data as needed for SOY jusltfication~~

~~F. Number of displacements (if applicable)~~

Two studies will be conducted as a part of the process required to develop preliminary schematic designs. A traffic srudy will be prepared to develop current and projected traffic demands for widening Dixie Farm Road as needed for SOY justification. The study will utilize data available from appropriate agencies but will not include traffic signal warrants or traffic modeling. A preliminary drainage study to determine roadway cross sections and drainage outfalls will also be required. The analysis will determine the impact of the improved facility on Mud Gully, Clear Creek, Mary's Creek, Mary's Creek Bypass, and Cowart Creek. The study will also establish the criteria necessary to determine the roadway profile and length of structure required to minimize the impact on the effected waterways.

The preliminary drainage study will include the following: (1) profIle of the existing roadway for the length of the project, (2) tentative profile of proposed roadway, (3) profile of existing ground along the proposed right-of-way lines, (4) water surface elevation for the 2. 5. 10. 25, 50 and lOO-year design frequencies. The profiles will be plotted on the same profile drawing to provide a view of the roadway/existing ground elevations with respect to the various design frequencies for the length of the project The most feasible roadway proftle will be determined.

Waler surface elevations for the drainage channels within the project limits shall be obtained from Harris County and Brazoria Colmty existing hydraulic models. The 2s-year water surface elevation will be interpolated between the IO-year and SO-year elevations. Any deviation of waler surface elevation from existing hydraulic models will be coordinated with TxDOT, City of Pearland.. Harris County and Brazoria County Drainage District No.4.

The preliminary studies for widening the roadway will be presented and discussed at a public meeting. From these preltminary concepts presented to the public a preferred alternative and cross sections will be developed.

~~A fmal schematic layout of the recommended alternative thru the BRIO Superfund site and~~

2 of 5 preferred cross secllons for the remainder of the route will be prepared. hI addition to the alignment, the layout will show the location and dcscnption of any required signs, traffic diagranJS for each significant intersection, and a typical section to completely describe the geometric design of the facility.

11Je data base for the prepanl1lon of the schematic layout will be existing planimetric and topographic mapping in computer graphics format Existing planimetric information will be converted to the metric system of measurement (straight conversion). Intergraph MicroStation Computer-Aided Drafting (CAD) equipment will be used to prepare the fmal presentation. As an end product, the Engineer will provide a reproducible original as well as computer graphics files in the MicroStadon design file format from which the reproducible plan was plotted. The graphics files submitted must be compatible with TxDOT's MicroStation Computer-Aided Drafting System without conversion and must plot consistent with the reproducible plots submitted.

~~A bnef engineering report will be prepared containing traffic data. constrUcllon cost estimates and preliminary drainage studies.~~

~~A preliminary right-of-way requirements map will be prepared based on deed records, hmited field surveys and the existing planimetric maps.~~

~~Enylronmental Documents~~

The Engineer will prepare an Environmental Assessment (EA) in accordance with 43 Texas Administrative Code (TAC) 11.80-11.90 and the Code of Federal RegUlations, Tide 23, Part 771. The format and content will be in accordance with FHW A Technical Advisory T6640.8. The EA will undertake, but not necessarily be limited to, the following investigations regarding impacts on the environment of the proposed facility: - Ecological Investigations - Noise and Air Quality Analysis - Hazardous Waste/Substances Investigations - Cultural Resources Investigations - SOY Justification

~~TIle EA documents shall also meet the following requirements:~~

I. The Brio Refming, Inc. (Brio) and the Dixie Oil Processors. Inc. (DOP) superfund site remedial design and remedial action will have been completed prior to commencing construction of the project Available reports will be reviewed for the superfund sites, but no additional testing will be performed in this area by this contract The environmental assessment will briefly summarize previous studies on the Superfund sites.

2 The EA documents will contain descriptions, analyses and data including graphics, charts, tables, maps, and appendices, as necessary, to give an understanding of the findmgs and conclusions which were developed from the various environmental studies and investigations.

3 of 5 3. All quantities and other appropriate numerical data will be presented in metric units followed by English units m parenthesis. Exhibits will be limited to 297 millImeters by 420.5 millimeters (II inches by 17 inches) where possible.

4. The EA documents will be provided on paper (reproducible hard copy) and on formatte& diskettes compatible with the appropriate word processing software programs and equipment (City of PcarlandfI'xD01).

~~5. Three review copies, three draft copies (prior to public hearing) and six final copies (after publlc hearing) of the EA document will be provided.~~

Included as a part of the environmental investigations, the Engineer will prepare a Single Occupancy Vehicle (SOY) Analysis of the facility to be included as an appendix to the environmental documents The analysis will include investigations and discussions of the following:

- HOV Analysis (if applicable) - Employer Trip Reduction (ETR) Ordmances CarpoolNanpools - Transit - Parle and Ride Lots - Left Turn Lanes/SIgnal Improvements - Commitments to Projects in the Corridor - Benefits to Existing Adjacent and Parallel Facilities - Effects of TSM on parallel facilities

~~Public Involvement~~

All public involvement procedures shall be in accordance with 43 Texas Administrative Code (TAC) 11.80-11.90 and the Code of Federal Regulations Title 23, Part 771. The Engineer will advertise for and provide information to the public regarding the project at one (1) pUblic meeting and one (1) pUblic hearing.

At the public meeting. the Engineer will prepare for display appropriate elthibits of the alternative cross sections for widening Dixie Farm Road. Exhibits will be prepared in dual units (English and Metric). The Engineer will discuss the alternatives (cross section and BRIO site alternatives and the "no bUild") and will afford the public an opportunity to ask questions and provide input into the development of the project. Dtuittg the meeting the Engineer will prepare a color video tape and separate audio recording of the proceer!jngs, provide technical staff to assist in answering questions regarding project development and prepare minutes (paraphrase) of the proceedings in a written document Col1lments received during the meeting will be analyzed and a Public Meeting Summary mailed to all persons on the mailing list .

At the public hearing, the Engineer will present the recommended plan with preliminary right- of-way requirements. DUring the hearing the Engineer will prepare a color video tape and audio recording of !he proceedings, provide technical support, transcribe a verbatim record of

4 of 5 the proceedings, analyze each of the comments received and prepare Public Hearing Summary and response report. Each comment received during the publlc hearing process will be analyze<:!and include<:!in the Public Hearing Summary and Analysis cover memo to the Fillal Environmental Assessment.

~~General~~

The standard criteria and guidelines to be followed ill the preparation of the schematic design, environmental documents, engineering reports, and in conducting pubhc involvement activities are as follows:

A. Standard Specifications for Construction of HIghways, Streets, and Bndges - TxDOr B. Highway Design Operations and Procedures Manual - TxDOT C. Bridges and Structures Operations and Planning Manual - TxDOT D. Bridges and Structures Hydraulic Manual - TillOT E. A Policy on Geometric Design of Highways and Streets ("The Green Book") - AASHTO F. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB) G. Technical Advisory T6640.8A - FHW A H. Noise Guidelines - TxDOT I. Air QualIty Guidelines - TxDOT J. Texas Manual on Uniform Traffic Control DeVices - TxDOr K. Right of Way. Right of Way Manual· Book I - TxDOT" L. Right of Way, Right of Way Manual- Book II- TxDOr" M. Code of Federal Regulations, Title 23 • "Highway" - Federal Register

• Preliminary right-of-way requirement map will be prepared base<:!on deecl records and existing planimetric maps. Right-of-way maps will not be tied to state plane coordinate system at this stage of project.

~~The office of Walsh Engineering, Inc. at 2010 E. Broadway in Pearland will be used as the headquarters for the worl:: effort on the project~~

~~The Engineer will provide to the CIty for its use or for submittal to the State the following deli verables:~~

~~A. PC diskette(s) utilizing WordPerfect 6.0 format (or eqUivalent) all word processing documentation in regard to this project with a Table of Contents for each disk.~~

~~B. Fmal Environmental Assessment~~

~~C. All requested working drawings~~

~~D. Reproducible of the schematic layout~~

~~5 of 5 0~~~

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~~WORK OUTLINE Widening of Dixie Fann Road from Beamer Road to SH 35~~

The following IS a Work Outline that will detail the procedures that will be followed to accomplish the major tasks in preparing a schematic, Environmental Assessment and informing the public regardmg widening Dixie Fann Road from Beamer Road to SH 35.

~~I. DATA COLLECTION~~

~~A. Obtain the data from the City as outlined in AttaChment A.~~

~~B. Obtain data from FEMA, local flood control districts andlor other agencies involved in the activities associated with Mud Gulley. Clear Creek, Mary's Creek., Mary's Creek Bypass and Cowart Creek.~~

~~C. Obtain local and regional transportation planning documents from appropriate agencies (counties, H-GAC, Metro, etc.).~~

~~D. Conduct field reconnaissance and collect data including photographic record of notable features, specific field measurements as required, etc.~~

~~E. At the appropriate time, gather environmental data as it applies to air and water quality, geology and noise, n. FIELD SURVEYs/AERIAL PHOTOGRAMMETRY~~

~~A. Aerial Mapping~~

~~1. Obtain from the City existing aerial photographs and planimetric mapping for the portion of the corridor within the City of Pearland.~~

~~2. Complete planimetric maps for the roadway within Harris County using the City's eJdsting aerial photogrammetrics.~~

~~3. Convert existing and addttional planimetric maps to the metric system using straight conversion.~~

~~1 of 8 B. Right-of-Way Data~~

1 Data will be gathered includJ.ng maps, deeds, and other mfonnation concerning current land ownership, easements and rights-of-way for properties that may be acquired. Based on the infonnation gathered an abstract map will be prepared.

~~2. Establish traverse control points from Beamer Road to SH 35. Adjustments will be made on traverse lines based on the GP$ control statJons established by the City.~~

~~3 Recover evident property comers along existing right-of-way and relate them to control line.~~

~~4. Found property comers will be used to graplucally overlay abstract map with the City's planimetric maps.~~

~~C. Design Surveys~~

1. Hydrographic surveys will be performed on Mud Gully, Clear Creek, Mary's Creek, Mary's Creek Bypass and Cowart Creek. Cross sections will be developed at 30 meter (100 foot) intervals beginning 165 meters (500 feet) upstream and ending 165 meters (500 feet) downstream. The horizontal and vertical controls for this work will be the CIty'S GPS control stations m. DEVELOP SCHEMATIC CONCEPTS

~~A. Identify/Study Proposed Alternative~~

1. Using existing aerial photographs, develop alternative cross sections for the widening of existing Dixie Fann Road south of the BRIO Superfund site to SH 35. For the portion of the ronte thru the BRIO site, develop alternative alignments.

~~2. Study the alignment as it pertains to the following:~~

~~a Feasible connections with appropriate planned/existing cross streets, major thoroughfares and state highway facilities.~~

~~b. Impact on the existing flood plainlfloodway of Mud Gulley, Clear Creek, Mary's Creek, Mary's Creek Bypass, and Cowart Creek.~~

~~c. Impacts on the natural. recreational, historical, socio-economic or otherwise sensitive environment~~

~~d. Impact of the BRIO Refining, [nc. and Dixie OU Processors. Inc. Superfund sites.~~

~~20f8 e. Access to adjacent propemes and development~~

~~f. Any proposals for right-of-way donations~~

~~g. Impacts on major utilIties andior pipelInes.~~

~~h. Capacity for proposed traffic.~~

~~L Secondary impacts of traffic on adjacent neighborhoods.~~

~~j. Cost of construction.~~

~~3. A narrative generally describing the results of the study will be prepaced and included in the Environmental Assessment and in the engineenng sununary report.~~

~~B. SelectlRefme Preferred Altanative~~

1. The alternatIve cross sections for widemng of the existing roadway and alternative alignments thru the BRIO SIte will be presented to the public in a scheduled meeting. Input will be noted and considered dunng the selection of the preferred altemati ve.

~~2 After review by the City and TxDOT of the results of stumes conducted on the widening alternatives, including input received from the public meeting, the widening alternative will be finalJ.zed.~~

3. Refinement will include the preparation of a schematic layout on existing planimetric mapping and in conformance with City and TxDOT criteria for submittal for review and approval. The horizontal and vertical geometry will be determined graphically on this layout and will be shown along with preliminary right-of-way requirements, typical sections, traffic and signing.

~~4. Prepare a construction cost estimate for the preferred alternative. The cost estimate will be prepared using current unit prices provided by the City and/or TxDOT.~~

~~C. Traffic Analysis~~

~~1. Determine current traffic demands required for SOY justification~~

~~a. Obt1Iin available traffic data on existing thoroughfares in the vicinity of Dixie Farm Road from TxDOT, H-GAC, Harris County, Brazoria County and City of Pearland.~~

~~3 of 8 b Mechanically record 24-hour directional traffic counts at several locations in the vlclrnty wluch will impact the proposed facility.~~

~~c. Identify existing traffic generators and establish traffic patterns.~~

~~2. Determine projected traffic demands.~~

~~a. Obtain any traffic projections andlor assignment modeling data available from TxDOT andlor H·GAC in the vicinity of the proposed facillty.~~

b. Utilizing TxDOT andlor H·GAC traffic assignment models and proposed growth rate faccol'S, develop traffic projections and traffic assignments for the project for the Year 2015 (20 year projection only).

~~c. Develop Year 2015 design houdy volumes for the proposed facility. This information will be shown on the schematic layout of the preferred alternative discussed above.~~

~~D. Preliminary Drainage Study~~

~~1 Review readily available reports andlor studies prepared regarding the flow characteristics of Mud Gulley, Clear Creek, Mary's Creek, Mary's Creek Bypass and Cowart Creek.~~

~~2. Coordinate with applicable jurisdictions and resource agencies such as Harris County, Brazoria County, FEMA, etc.~~

~~3. Research Section 404 Permit regulations that may be applicable to the project.~~

~~4. Perform the necessary preliminary drainage analysis for the purpose of establishing the profIle and minimum span requirements for crossing the affected waterways with the proposed facility.~~

a Review existing HEC-2 models and data available for the affected waterways. Establish the 25-year water surface elevation by interpolating between the IO-year and 50-year elevations. Any deviation of water surface elevation from existing hydraulic models will be coordinated with TxDOT. City of Pearland, Harris County, and Brazoria. County Drainage District No.4.

~~b. Establishlidentify impacts of the IOO-year flood plain of the affected waterways on the proposed roadway.~~

~~c. Establish preliminary roadway profiles and structure openings.~~

40f8 d. Develop conclusions and recommendations related to the final design of the roadway and structures. Recommendations from the preliminary drainage analysis can be included in the environmental documents.

~~IV. ENVIRONMENTAL DOCUMENTS~~

~~A. Environmental Assessment~~

1. An Environmental Assessment (EA) will be prepared in accordance with the provisions of the National Environmental Policy Act (NEPA) of 1969 and guidelines published by the Department of Transportation, Federal ffighway Administration (FHWA Technical Advisory T6640.8A). The EA will contain descriptions, analyses, and data including graphics, charts, tables, maps, and appendices, as necessary, to give an understanding of the fmdings and conclusions which were developed from the various environmental studies and investigations.

~~2. An assessment will be made of exisnng conditions which will include investigations of the following:~~

~~a. Ecological, economic and sociological investigations.~~

~~b. NOIse investigations.~~

~~c. Air and water quality investigations.~~

~~d. Hazardous wastes/substance assessments.~~

~~a. Ecological consequences (wildlife and endangered species, vegetation, right-of- way requirements, floodplain and riparian ecosystems, water quality and wetlands).~~

~~b. Noise impacts~~

~~c. Air qUallty unpacts~~

~~d. Hazardous waste impacts~~

~~e. Cultural resource impacts~~

~~f. Construction related impacts~~

~~5 of 8 g. Special permit requirements~~

~~h Brief summary of preVIous studies relating to the Superfund sites.~~

4. The Brio Refining (BRIO) and Dixie at! Processes, Inc. (DOP) superfund site remedial design and remedial action are currently in progress. Available reports will be reviewed, but no additional testing will be performed within existing andlor recommended right-of-way in this area. It is assumed that ROW acquisition will be remediated by others. Additional testing if required will be in a future contract. Recommendations for any future testing will be made.

5. A Single Occupancy Vehicle (SOV) Analysis will be prepared and added as an appendix to the environmental document along with a Summary and Analysis of comments made at or after the pUblic hearing The SOV analysis will include lllvestigations and discussions of the following.

~~a. HOV Analysis (if applIcable)~~

~~b. Employer Trip Reduction (ETR) OrdInances~~

~~c. QupoolsIV anpools~~

~~d. Transit~~

~~e. Park and Ride Lots~~

~~f. Left Turn Lanes/Signal Improvements~~

~~g. Commitments to Projects in the Corridor~~

~~h. Benefits to Existing Adjacent and Parallel Facilities~~

~~i. Effects of TSM on parallel facilities~~

6. All quantities and other numerical data will be presented in metric units followed by English units in parenthesis. Exhibits will be limited to 297 millimeters by 420.5 mjlljmeters (11 inches by 17 inches) where possible.

~~7. The EA docwnents will be provided on paper (reproducible hard copy) and on formatted diskettes compatible with the City's and TxDOTs word processing software progtams and equipment~~

~~8. Three review copies, three draft copies and six final copies of each EA document will be provided.~~

~~6 of 8 V.PUBLICINVOL~NT~~

~~A. Public Meeting~~

1. It is anticipated that when the alternative concepts have been sufficiently developed, a public meeting will be scheduled and advertised in accordance Wldl TxDOT requirements. The Engineer will be responsible for conducting the meeting with assistance from the City and TxDOT as required.

~~2. All materials and exhibits will be prepared in dual units by the Engineer and displayed at the public meeting.~~

~~3. A photographic record color video and separate audIO recording of the meeting will be prepared along with a written document summarizing the proceedings.~~

~~B. Publlc Hearing~~

I. When the schematic layout has been completed and the draft EA approved, a pUblic hearing will be scheduled and advertised in accordance with TxDOTs requirements. The Engineer will be responsible for conducting the hearing with assistance from the City and TxDOT as required.

~~2. All materials and exhibits will be prepared in dual units by the Engineer and displayed at the pUblic hearing.~~

3. A record of the public hearing will be made identical to the requirements of the public meeting except that a record of the hearing will be transcribed verbatim. Each comment received during the hearing will be analyzed, and a written response will be prepared by the Engineer. A Summary and Analysis of each comment will be included in the final environmental documents.

~~VL SCHEMATIC LAYOUTIRIGHT·OF.WAY REQUIREMENTS~~

~~A. Preliminary Right-of-Way Requirements~~

~~1. Using the schematic layout, abstract mapping and existing aerial mapping, determine preliminary right-of-way requirements.~~

2. Horizontal and vertical control for the putposc of aerial photography and mapping, level loops, property comer recovery, controlled hydrographic surveys, and ties to the state plane coordinate system will be completed in a future contract.

~~3. Riglrt-{)f-way computations and plans, staking, parcel maps, and fieldnote descriptions will be performed in a future contract.~~

~~7 of 8 , ,~~

~~B. FInal Schematic Layout (CAD)~~

1. The fmal schematic layout for !he preferred alternative will be developed using !he Intergraph MicroStation O>mputer Aided Drafting (CAD) system and using mapping files on MicroStation CAD-compatible tapes developed by the Engineer.

2. The schematic layout will be prepared m accordance wi!h TillOTs standards and standards established in this Agreement and will be furnished to the City both as an Intergraph MicroStation format file on tape and as a reproducible original

~~3. Using the schematic layout, abstract mapprng. and existing aerial mapping. prepare a preliminary right-of-way requirements map.~~

~~4. A computed geometric layout and determination of minimum right-of-way requirements will be completed in a future contract.~~

~~8 of 8 QUADRANT CONSULTANTS INC.~~

~~ATTACHMENT A~~

~~Scope of Work Engineering Services~~

~~Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas~~

Quadrant Consultants Inc , herem after referred to as the "Engmeer", Will provide the necessary engineenng services reqUired for the preparation and development of roadway design criteria, a prelimmary roadway design schematic, construction cost estimates, and teclmlcal assIstance with public mvolvement (one Public Meetmg) The Engmeer Will prepare prelimmary roadway design schematics for the constructIOn of the Commonwealth Boulevard extension on new locatIOn, from US 59 South (Southwest Freeway) to DItch H (east nght of way lme) The proposed project IS located m Fort Bend County wlthm the City of Sugar Land's Extra- Temtonal JunsdIctlOn (ETJ) The proposed project will be constructed within a dedIcated nght-of-way (ROW), relmquished by the Texas Department of TransportatIOn (TxDOT), to the City of Sugar Land

The Engineer shall collect, review, and evaluate all of the available existmg data on thiS project, review roadway deSign criteria, and prepare a roadway deSIgn schematic accordmg to the procedures of TxDOT The design schematic will show all mformatlOn necessary to establish the preliminary horizontal and vertical geometry, the prelimmary right-of-way requirements, storm water drainage requirements, and preliminary cost estimates Prelim.nary cost estimates Will be prepared reflecting costs according to both the City of Sugar Land's standards and TxDOTs standards. The deSign schematic shall be prepared according to the applicable reqUirements of TxDOT and the City of Sugar Land specificatIOns, standards, and manuals. The Engmeer will prOVide, through subcontract, the necessary as outlmed below

~~The followmg IS our proposed detailed scope of work for the proposed preliminary roadway design schematics~~

~~1. DESIGN SCHEMATICS~~

The engmeer Will develop design schematics for the proposed roadway and alignment using aenal photograph maps All measurements Will be in English umts. The schematic drawmg Will show both the plan and profile for the proposed roadway and will show the proposed right of way, proposed centerlme alignment with baseline stations, and proposed roadway grade separations (l.e , bndges, underpasses, overpasses). Preparation of the design schematic will consist of the following.

~~1 of 3 09/9' OUADIUNT CONSULTANTS III Commonwealth Boulevard Proposal~~

A. EstablIsh horizontal and vertical controls with sununary data. B Perform baseline and topographical surveying C. Venfy right of way mformation furnished by City of Sugar Land!fxDOT. D Show general property mformation along the roadway alignment E. Roadway configuration with plan and profile views F Analysis of drainage impacts G Typical roadway sections

~~2 FIELD SURVEYING~~

The engineer will proVIde, through subcontract, the necessary field surveys to establrsh honzontal and vertical controls and to develop right of way and topographical data Field surveys will mclude the following Items

A Establrsh Control Pomts Locate and verify previously set TxDOT bench marks at each end of the proposed alrgnment and along the alrgnment for vertical (acceptable local datum) and horizontal State Plane Coordmate System control pomts

~~B Run Traverse Loops Run traverse loops between found bench marks and any set mtermedlate hubs on project baseline - both honzontal and vertical~~

~~C Baseline Surveying Perform baseline surveymg for the proposed alrgnment. Clear, establish and flag the original TxDOT baselme with recoverable stations at least every 200 feet and at all P I points.~~

~~D. Topographic Surveymg Tie major utilities and other topographic features which will affect alignment planmng to TxDOT baseline Establish elevation of all tied topographic features.~~

~~E. Cross Sections Obtain cross sections at 500 foot intervals Cross sections Will extend 20 feet outside each right of way line~~

~~3 RIGHTOFWAY~~

The proposed roadway will be constructed withm a dedicated nght of way (ROW), relinquished by the Texas Department of Transportation (TxDOT), to the City of Sugar Land. The nght of way is approximately 9,500 feet in length and 300 feet in Width (approximately 65 acres), and will be utilrzed by the City of Sugar Land to construct an interim 4-lane diVided urban roadway and an ultimate 6-lane divided urban roadway

~~20f3 OUADRANTCONSULTANTS [!Ie Common\W:ahh Boulevard PrOPOsal~~

~~4. DRAINAGE~~

The engmeer will analyze dramage impacts associated with the proposed Improvements and defme potential mitigation measurements, if required An analysis of the drainage condition for the adjacent acreage will be made in addition to the following

A Review readily available reports and/or studies prepared regarding the flow characteristics of all major drainage outfall facihties which impact thiS project (Brazos River, Ditch H). These reports should mclude applicable FEMA flood maps. B Provide a plot WIth the following informatIOn. I Tentative profile for the proposed roadway 2 Profile of eXisting ground along the proposed right of way hnes 3 HIgh water elevations for the 2,5, 10,25,50, and 100 year design frequencies for the length of the project This will enable TxDOT and the City of Sugar Land to determine the most feasible proposed roadway profile C The existing drainage characteristics of this area wIll be used as If there was no levee system proposed m the future

~~5 TYPICAL SECTIONS~~

~~Roadway typical sections w1l1be prepared to Illustrate the roadway structure withm the right of way~~

~~6. ROADWAY PROFILE~~

~~The roadway profile will be prepared at a scale of I" = 40' (H) and I" = 2' ('I). All vertical control data will be computed and illustrated at all vertical control points to include vertIcal curves.~~

The Engineer shall furnish all equipment, materials, supplies, and incidentals as required to perform this work, except as specIfied in Attachment "C." The Engineer will meet with the designated City of Sugar Land representatives regularly to report on progress A typewritten report, with evidence of work accomplished since the previous report, will be provided. Formal progress reports will be supplied with the monthly invoice. A copy of the CADD electronic files will be provided to City of Sugar Land upon completion of the work. The location of the engineering work on this project is the office of the Engineer at 7322 Southwest Freeway, Suite 470, Houston, Texas 77074, except fieldwork done on-sIte, and the subconsultant work done m the subconsultant's offices. The Engineer will coordmate all work activities for the Engineering ServIces through the City of Sugar Land's designated project manageT.

~~30f3 09/98 QUADRANT CONSULTANTS INC.~~

~~ATTACHMENT B~~

~~Scope of Work Environmental Assessment~~

~~Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas~~

Quadrant Consultants IDC (QC!) will undertake the necessary environmental studies and investigatIOns to prepare an Environmental Assessment (EA) document, anticipating a Findmg of No Significant Impact (FONS!) The EA will address the proposed constructIOn of the Commonwealth Boulevard extension, from US 59 South to Ditch H, near the western termmus of the eXisting Commonwealth Boulevard m the First Colony Subdivision The proposed project is located in Fort Bend County withm the City of Sugar Land's Extra-Territorial JurisdictIOn (ETJ) The proposed project will be constructed wlthm a dedicated nght-of-way (ROW), relinquished by the Texas Department of Transportation (TxDOT), to the City of Sugar Land The ROW IS approxImately 9,500 feet m length, 300 feet m width, and will be utilized by the City of Sugar Land to construct an interim 4-lane diVided urban roadway The project will be designed to comply WIth the CIty of Sugar Land's design standards

The EA will be performed to provide environmental documentatIOn according to TxDOT procedures. The EA will be prepared in accordance With TxDOT's Highway DeSign DIVision Operations and Procedures Manual Part II-B and FHW A Technical Advisory T6640 SA

~~Quadrant Consultants IDC will coordinate all work activities for the EA through the City of Sugar Land's project manager~~

~~A. Data Collection Process~~

~~1. Data Collection - All readily available envlronmentalmformation relative to the project area will be acquired from the appropnate local, state, and federal agencies~~

2. Field Survey - An initial site mspectlOn will be conducted after the proposed locatIOn has been surveyed and staked to depict the exact site locatIOn During the site mspectlOn, QCl will photograph and inspect the site m order to characterize the current environmental conditions and obtain information for later mclusion m the EA

3. Early Agency Coordination - Based on the mformatlOn obtained during the mitial site mspectlOn, early coordmatlOn will be mltlated With the appropriate agencies which may have JurisdictIOnal interests m the proJect, such as the U.S. Coast Guard, US Army Corps of Engineers (COE), U.S. Fish and Wildlife Service (USFWS), Texas Parks and Wildlife Department, U.S. Environmental Protection Agency (EPA), Texas Historical Commission (THC), Natural Resource Conservation Service (NRCS), Texas Natural Resources Conservation Commission (TNRCC), Federal Emergency Management Agency (FEMA), and

~~1 of 12 OUADRANTCONSULTANTS [tv, CommonW('alth Boulevard ProPOsal~~

~~any other governmental agency, group, or individual deemed necessary Permits that Will be required will be identified.~~

4. Development of Alternatives - This sectIOn of the EA will discuss all of the reasonable alternatives which were considered, includmg the preferred alternative and the no-bUild alternative Assistance will be provided to review alternatives to ensure that there are no environmental issues, such as archeological sites, Superfund sites, or other cntlcal issues that would prohibit the construction of the roadway in the selected areas

~~B. Environmental Investigations and Assessments~~

The envlronrnental studies and investigations Will mclude an assessment of feaSible alternatives, plus the "no bUild" alternative For the purpose of this cost proposal, we have assumed that alternatives may include the dedicated ROW alternative and tlte no-build alternative.

The EA Will be completed accordmg to the Texas Department of TransportatIOn, Highway Design Division, Operations and Procedures Manual, Part lIB, EnVironmental and Pubhc Involvement Procedures Durmg Project-Specific Planning and Development, dated December 1988, and the most current air and noise modelmg procedures The EA will consist of an evaluation of current economic, social, and environmental conditions and potential impacts on these conditions as a result of the proposed project mcludmg the items described below

1. SociallEnvironmental Justice - The US Department of Commerce, Bureau of the Census, informatIOn on the census tracks for thiS area will be obtamed and summanzed. This informatIOn Will mclude ethnicity; employment and income; and housing and vacancy data Changes In the neighborhoods or community coheSIOn will be assessed for vanous SOCial groups In terms of splitting neighborhoods, generating new development, changmg property values, and accessibility Impacts on school districts, recreation areas, churches, businesses, pohce, and fire protectIOn will be assessed Impacts to any minority and/or low income groups due to the Implementation of the proposed action Will be reviewed Changes m travel patterns, highway and traffic safety, and pubhc safety from the proposed project Will be assessed Impacts on the local tax base will be assessed by coordmatmg With local offiCials

In addition, any available popUlatIOn and land use study data will be reviewed to assess potential impacts of the project on land use This assessment on land uses Will include residential, commercial, mdustrial, education, open space, resource productIOn, highway nght- of-way, undeveloped, and water acreage.

2. Economic - The economic impacts on the regional and local economy, such as the effects of the project on development, tax revenues and public expenditures, employment opportunities, accesslblhty, and retail sales Will be discussed This discussion will mclude informatIOn obtained from local and City offiCials. The Impacts, both positive and negative, on the economic vltahty of eXisting businesses, busmess distrIcts, and the resultant Impact on the local economy will be descnbed.

3. Right-of-Way Acquisition and Displacement - The extent of displacements (if any) will be discussed for each alternative under consideration The estimated number of households to be displaced (if any) and a summary of the social characteristics of these

20f12 09198 OUADRANTCONSULTANTS INL Commonwealth Boulevard ProP9sal households will be determined along with a comparison of available housing in the area Impacts on existing farms that will be displaced will also be determined. Any special relocation considerations will also be identified

4. Pedestrian and Bicycle Facihties - Where current pedestnan or bicycle faclhtles or indicatIOns of use are identified, the EA will discuss the current and anticipated use of the facilities, the potential impacts of the affected alternatives, and proposed measures, if any, to avoid or reduce adverse impacts to the facility(ies) and its users

5. Soils and Vegetation - The soils m the area of the project will be descnbed according to the Natural Resource Conservation Service (NRCS), formerly the Soil Conservation Service (SCS) and the major forms of vegetation will be identified in order to evaluate potential Impacts from the roadway constructIOn project

~~Additiollal subsurface soil investigations to assess potential soil contaminatioll in tlte proposed rigltt-of-way can be performed as an addltlOlIalscope of work, if required.~~

6. Section 4(1) Lands - QCI Will revlew avaJ1able data and perform on-slte mvestigatlOns to ascertain the presence of any potentlal SectIOn 4(f) lands, mcludmg public parks, recreatlOn lands and wIldlife and waterfowl refuges whIch may be impacted by the proposed actIOn At this time, it is not antiCIpated that any parks or recreatIOn areas will be Impacted by the proposed roadway project

~~If any Section 4{f) lands are identified as belllg Impacted by tlte preferred alterna1Jve,QCI will prepare a separate scope of work and associated costs for preparlllg a Section 4{f) Evaluation.~~

7. Farmlands - To ensure compliance with the Farmland Protection Policy Act (FPPA), QCI will coordinate With the Natural Resource Conservation Service (NRCS) and complete the Farmland Conversion Impact Rating Form AD-I006 and submit it to the NRCS for review. The NRCS-SCS maps for Fort Bend County will be reviewed, and the SCS list of prime farmland soil types wJ11be reviewed to determine if the project area is potentlally subject to the FPPA

If there is a potential for adverse impacts to FPPA lands, or if the Land Evaluation and Site Assessment score from Form AD-I066 IS 160 pomts or greater, then the EA Will discuss and consider alternative measures to aVOidor mmimize the Impacts. Based on the project location, thiS specific site is expected to have a Land EvaluatlOn and Site Assessment score of more than 160 points

8. Air Quality - This section of the EA will begin with a brief discussion of the transportation related au quality concerns of the project area. QCI Will perform a carbon monOXide (CO) air quality analySIS for the proposed project QCI assumes that CO emissions from the proposed project Will be similar regardless of the alternative selected. Therefore QCI proposes to conduct a detailed CO air quality analysis only for the preferred alternative for the estimated time of completion and deSign year. In terms of potential air quality Impacts, the alternatives under consideratIOn will be evaluated and compared based on the presence and proximity of any sensitive receptors to the subject alternative. The objectives of the air quality analysis will be to (I) estimate existing CO concentrations along the proposed project, (2)

30f12 09198 QUADRANTCQNSULTANTS lNL Commonweallh Boulev:l.rd ProPOsal model and document future CO concentrations with and without the project, at appropriate locations along the proposed proJect, (3) evaluate any impact of CO levels at these locations, and (4) discuss and evaluate any possible mltlgatlOn measures to reduce or ehmmate any potential Impact to air quahty from CO emiSSIOns.

The air quality analySIS will be performed in accordance with all current and applicable state and federal regulations, standards, and gUidehnes The air quality analysis will consist of the follOWing tasks'

~~Subtask I Determine Receptor LocatIOns~~

~~Identify and determme air quality receptor locations along the preferred alternative~~

~~Subtask 2 Estimate EXisting CO ConcentratIOns~~

QCI Will consult and coordmate WIth the air quality division of the TNRCC and any local air pollutIOn control agency which performs momtormg in Fort Bend County to determme eXlstlng CO concentratIOns m the proposed project area

~~Subtask 3: Model Future CO ConcentratIOns~~

QCI Will model future CO concentratIOns at all receptor locatIOns along the preferred alternative using CALINE 3IMOBILE SA. MOBILE SA IS an EPA mobtle source emiSSion factor model and CALINE 3 is an air pollutant dispersIOn model that calculates pollutant concentratlons near roadways CALINE 3IMOBILE SA are the models currently used by TxDOT. If determined to be necessary at locatlons where Commonwealth Boulevard Intersects other roads and highways (US 59), QCI proposes to use CAL3QHC which is another air pollution disperSIOn model that calculates CO and other inert pollutant concentratIOns from motor vehicles travelmg near roadway Intersections.

The I-hour CO concentratIOn will be modeled If the total predicted I-hour CO concentration is greater than 9 ppm, then the 8-hour analysis will be performed. A companson will then be made between the preferred alternatIve and the National Ambient Air Quality Standards (NAAQS) and other apphcable state or local standards.

~~Subtask 4 Prepare Air Quality SectIOn of EA~~

QCI WIll analyze the results of the air quahty analySIS. QCI wl11then prepare the air quahty sectIOn of the EA With full documentatIOn of the analySIS, results, and evaluations leadmg up to the conclusions.

~~Subtask 5' Mitigation Measures (if necessary)~~

~~If the preferred alternatlve would result m VIOlations of the I-hour or 8-hour CQ standards, then QCI would develop reasonable mitigatIOn measures through coordination With TxDOT, the EPA, and TNRCC~~

~~9. Traffic Noise - QCI will conduct a nOise analYSISfor the proposed proJect.~~

~~Predictions of traffic noise will be performed in accordance with all current and applicable state and federal regulations, standards, and guidelines using the Federal Highway Administration~~

~~4 of 12 09198 OUA.DRANT CONSULTA.NTS If'' Commonwealth Boulevard Proposal~~

(FHWA) approved highway traffic computer noise model (STAMINA 2.0, Version 3 or the latest approved traffic noise model). Traffic data is required and should consist of a 20-year projected design year peak hour volumes for cars, medium trucks and heavy trucks traveling Oil the proposed Commonwealtlr Boulevard. Tlris 20-year projected design year peak Irour volume slrould be from 1999 to 2019. Traffic data lIeeded to complete tlris item will be obtained from tire City of Sugar Lalld, includillg Average Daily Traffic Count's (ADT), Desigll Hourly Volumes predicted for lalles, Traffic Mix, Directional Traffic Split for tire Design Hour, Speeds for Main Lalles, TransitIOnal Speeds or Velocity profiles. This illformation will be provided in existing year and 20 year proposed (i.e., 1999 and 1919 traffic data).

~~The potential noise impact on sensitive receptors Will be assessed m accordance With the FHWA - Federal-Aid Highway Program Manual, Volume 7, Chapter 7, Section 3~~

The objective of the nOIse analySIS Will be to (I) model existing and predicted future deSign year nOIse levels, with and Without the proJect, at vanous locations along the proposed project, (2) evaluate any impact of traffic nOIse at these locahons, and (3) discuss and evaluate possible mitigatIOn measures to reduce or ellmmate any potenhal nOIse impacts

~~The noise analysis Will consist of the follOWing tasks'~~

~~Subtask I Determine Receptor LocatIOns~~

IdentifY nOIse sensl!lve land uses and ac!lvl!les m the project area that currently eXist and for those for which development IS planned, deSigned, and programmed Determine receptor locations based on nOIse sensitive land uses and achvihes identified

~~Subtask 2 Model Existmg and Predicted Future NOIse Levels~~

QCI will model existing and future worst-case noise levels at several locations along the preferred alternative. Traffic data information obtained from the City of Sugar Land WIll be used for this analysis QCI will assess any potential rmpacts of future noise levels on sensitive land uses including analySIS and documentation of the results.

~~Subtask 3: Noise Abatement Measures~~

If the predicted noise levels at any of the senSitive receptors approaches or exceeds FHWAs Noise Abatement Criteria, or substan!lally exceeds eXisting noise levels, QCI will examine and evaluate alternative noise abatement measures for reducmg or eliminating any future traffic nOIse impacts. This will include conducting a noise barrier analysis, using OPTIMA NOIse Barrier Optimization Program to determine the effectiveness and feasibility of noise barriers at the sensitive locations. The results of the noise barrier analysis will then be documented.

~~Subtask 4 Conceptual Plan for NOise Bafflers~~

~~Based on the noise barrier analysis, QCI will make recommendatIOns regarding the type, height, and location of the noise bafflers.~~

~~5 of 12 09/98 OUADRANTCONSULTANTS lNL Comrnon~ahh Boulevard Proposal~~

~~Subtask 5 Prepare Traffic NOIse Section ofEA~~

~~QCI Will analyze the results of the noise analysis, then prepare the traffic noise section of the EA~~

10. Water Quality - The ambient conditIOns of streams and water bodies, which are likely to be impacted by the proposed project and identification of the potential for impacts will be assessed Available historical water quality data will be reviewed EXisting rainfall dramage patterns Will be determined and runoff water qualzty Will be evaluated to assess potential environmental lIupacts LocatIOns where roadway runoff or other nonpoint source pollution may have an adverse impact on sensitive streams and water bodies Will be assessed.

QCI will coordinate with the water qualzty divIsIOn of the TNRCC and the EPA under the Federal Clean Water Act and the Safe Drinking Water Act regarding prmcipal or sole-source aquifers, cntlcal aquifer protection areas (CAPA), and wellhead protectIOn areas If any of these areas may be Impacted by any of the alternatives, then all apphcable regulations will be strictly adhered to.

ThIS prOject ISexpected to disturb more than five acres of property and will require compliance with the National Pollutant Discharge Elimination System requirements established by the Environmental Protection Agency. Therefore, mitigation measures for erosion and sediment control dunng construction ac!lvitles will be addressed

11. Permits - The need for pomt source permits, permits for dredge and fill, permits for wetlands, and permits for bridges, Will be determined and potential impacts will be assessed All penruts reqUired for the proposed project will be properly docnmented and discussed

~~12. Wetlands - QCI Will perform offsite and onsite wetland determinations for the proposed project~~

~~Subtask I. Off site Wetland Determinations~~

QCI will perform offsite wetland determinations for each reasonable alternative uSing aerial photographs, USFWS National Wetland Inventory Maps (NWI), the Fort Bend County Soil Survey, USGS topographic maps, and other available information to the extent necessary for comparing potential wetland impacts from each reasonable alternative.

~~Subtask 2. Onslte Wetland DeterminatIOns~~

Once a preferred alternative IS selected, QCI will then perform onslte wetland determinations using the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report (1987 Manual) and current subsequent regulatory guidance on the clarification, interpretation and Implementation of the 1987 Manual.

The Method used will be the Routine Onsite Wetland Determmation Method for areas equal to or less than 5 acres in size. The method for 5 acres or less will be used because the proposed project is a 300 foot wide linear corridor, that extends for approximately 9,500 feet

~~The ahgnment of the preferred alternative for which onsite wetland determinations will be performed Will be staked in order to facilitate the wetland deteffilinations. The alignment will~~

60fl2 OUADRANT CONSULTANTS INL Common~alth Boulevard ProPOsal then be plotted on USGS 7 5-mmute topographic quadrangle maps, USFWS NWI maps, aerial photographs, appropnate flood maps, and soil maps taken from the Soil Survey maps of Fort Bend County, Texas Potential problem areas will be identified on these maps These maps will then be used in the field top assist in performing the onsite wetland determinations

Observation points WIll be selected along the preferred alignment with consideration being given to changes m vegetatIOn, changes in mapped soil types, areas with plant communities comprising hydrophitic vegetation mdicative of wetlands and/or observation of saturated or inundated areas At each observation pomt, all pertinent data regardmg the technical criteria, charactenstics, and mdicators for each of the three wetland parameters (vegetation, hydrology, and soils) will be recorded onto a Routine Wetland Determination Data Form (Data Form) and a Jurisdictional wetland/non wetland determmation Will be made.

~~Subtask 3- Wetland DehneatlOns~~

~~QCI will dehneate all jurisdICtIOnal wetlands along the preferred alternative If reqUIred, QCI will accompany a COE BIOlogist 10 the field for venficatlOn purposes~~

~~Subtask 4 Wetlands Surveymg and Mappmg~~

After the wetland delineations have been verified by the COE, QCI Will then survey and map the wetlands Maps deplctmg the jurisdictIOnal wetlands and all observatIOn pomts at which Data Forms were completed will be included

~~Subtask 5 Coordmation and PreparatIOn of Section 404 Permit Apphcation~~

~~If required, QCI Will assist 10 the preparation, coordmatlOn, and consultation throughout the above process~~

~~Subtask 6 Prepare Wetland SectIOn ofEA~~

QCI will prepare the wetland section of the EA with full documentation of the wetlands analysis and results The EA will discuss the wetland impacts, if any, from the preferred alternative and any perrrut requirements. The EA will also dISCUSSany proposed mitigation plans for avoiding, minimizmg, rectifying, or compensating impacts to wetlands

13. Water Body Modifications - For each alternative under detailed study that modifies any waterbody (e g, impoundment, relocatIOn, channel deepening, filling, etc), the EA will contain exhIbits and discussion Identifying the location and extent of waterbody modifications The use of the stream or body of water for recreation, water supply, or other purposes will be identified

14. Wildlife Habitat Modifications - The EA will diSCUSSthe loss of habitat and vegetation associated with the preferred alternative The EA will design the proposed action consistent with the executive memorandum published April 26, 1994 as it relates to vegetation management and landscape practices.

15. Floodplains - National Flood Insurance Program (NFIP) maps will be reviewed to determine if the site locatIon will encroach upon the base (IOO-year) floodplain. Floodplain encroachment will be described and mitigation measures will be determined. For this specific

~~7 of 12 09198 OUADRANT CONSUL TANTS INc Common~31{h Boulevard ProPOsal project, the floodplain encroachment could have Impacts, because the proposed project is located WIthin the 100-year floodplain~~

16. Wild and Scenic Rivers - There are no anttclpated potential Impacts to rivers on the National Wild and Scemc Rivers System. The EA Will include a short statement indicating that thiS impact category has been assessed but is not apphcable, and thus no impacts will occur Early coordinatIOn With agencies is not anticipated in the scope of work for this project

~~17. Coastal Barriers and Coastal Zones - The site locatIOn IS not In a regulated coastal area and, therefore, no assessment will be necessary for coastal barriers and coastal zones~~

18. Threatened and Endangered Species - Coordination with the USFWS and the TPWD will be imtiated to determine the presence or absence of listed and proposed endangered or threatened specIes and critical habItat in the proposed project area. Wildhfe habitat WIll be evaluated and potential impacts on wildhfe Will be assessed MItigatIOn of pOSSIble impacts including habItat loss and fragmentatIOn, and constructIOn in wetland areas will also be addressed

At thiS ttme, no threatened or endangered species are beheved to be present in the proposed project area However, ift!lreatelled or elldallgered species are idelltified, early coordillatioll will be illitiated wit!l t!le jurisdictiollal agellcies, alld a revised scope of work will be submitted to perform all evaluatioll or, if appropriate, a biological assessmellt 011 the potelltiallmpacts to Idelltify w!lether suc!l species or critical !labitat are likely to be adversely affected by t!leproject.

19. Historic or Archeological Preservation - An initial assessment WIll be performed prior to the pubhc meeting In order to IdentifY any hIstoric or archeological issues whIch could prohibit the constructIOn of a roadway In the proposed location A more thorough on-site survey will also be performed to identifY any historic or archeological resources In addition, available agency information will also be obtained to identifY the potential for ehglblhty for the NatIOnal Register of Historic Places. Any hlstonc and archeological resources Will be described and any potential impacts will be assessed along with mitigation measures for each resource. Early coordinatIOn will be initiated with the State Historic Preservation Office.

20. HazardOUS Waste and Other Sites - A regulatory records review will be performed to IdentIfY hsted hazardous waste generators, treatment, storage, and dIsposal facIlities, sohd waste landfills; unauthorized sites; documented spills, oil and gas exploratton and productton Sites, and underground storage tank sites within the proposed site locatIOn. Aenal photographs will be obtained and reviewed to assess the prevIOus use of the property In additIOn, during the on-site inspection, the major property owners and operators will be interviewed to determme historical waste management practices and the potential presence of hazardous substances and petroleum products on the subject properties

These fmdmgs will be presented in the report and any identified sites Will be clearly located on maps The current regulatory status of the site will be determined and presented along With any additional mvestigations which may be recommended based on these fmdings

~~21. Visual - Any potential visual impacts of the proposed project will be assessed and described. The relationship of the impacts to potential viewers and measures to elimmate or~~

8 of 12 OUADRANTCONSULTANTS lNc Common~alth Boulevard Proposal minimize the impacts Will be addressed Design, art, and architectural issues will also be assessed. This impact category is not anticipated to result in any adverse impacts

22. Construction Impacts - PotentIal adverse Impacts associated with the construction of the project will be assessed including air, noise, water, traffic congestion, detours, safety, and visual Impacts Any mitIgatIon measures for the preferred alternative will be identified

~~23. Secondary and Cumulative Impacts - QCI Will assess the potential for secondary and cumulative impacts for the proposed actIOn.~~

24. Energy Requirements - Assummg this IS not defined as a large scale project, the general energy requirements of the alternatIves compared to the "no build" alternatIve will be discussed The companson of the post-constructIon operatIonal energy requirements of the facility compared to the "no build" alternative WIll also be dIscussed This Impact category IS not antIcipated to result m any adverse impacts

~~25. Secondary and Cumulative Impacts - The EA WIll assess the potentIal for secondary and cumulative Impacts for the proposed actIOn~~

26. Comments and Coordination - This section Will include copies of coordmation letters sent to the various government agencies and their responses A discussion of the pubhc involvement conducted dunng the environmental process Will also be included m this section

~~C. Preparation of Environmental Assessment Documents~~

The informatIOn above Will be compiled mto a draft EA report and an outlme of the Table of Contents ISattached. A dIscussion of the alternatives and reasons for selection of the preferred alternative Will also be mcluded m the EA report. The EA report Will also include discussIOns on mitigation measures, which can reduce or elimmate environmental impacts which are identified. In addition to tlte information above, tlte City of Sugar Land will assist in defining tlte Purpose of and Need for tlte Proposed Action.

The report will be prepared on an IBM-compatible computer with Microsoft Word 6.0 software and a diskette(s) can be prOVided if requested Exhibits Will be limited to 1l"xI7" where possible. All quantities and other appropriate numerical data will be presented in metric umts, followed by English units in parenthesis

Two copies of a prehmmary draft report will be provided to the City of Sugar Land. Upon receipt of any comments from the City of Sugar Land, revisions will be made and any revisIOns or additIOnal information needed to complete the items will be incorporated into a draft report Five copies of the draft report will be prepared and provided to the City of Sugar Land for coordmatlOn with TxDOT-Houston District. Upon receipt of any comments from the TxDOT- Houston District, revisions Will be made and incorporated into the fmal draft report for coordinatIOn with TxDOT-Envlfonmental Affairs Division (ENV). After receiving any comments from ENV, ten copies of the final report will be provided to the City of Sugar Land for distribution. Any additional revisions oftlte report and any additional copies oftlte report will be completed if necessary as an additional scope of work.

~~90f12 OUADKANT CONSULTANTS INL Commonwealth Boulevard ProPOsal~~

D. Public Involvement Process 1. Preparation for Public Meeting - Based on a review of the project locatIOn,potential environmental impacts include wetlands, floodplams, noise, water quality and social and economic issues which can be addressed by Quadrant Consultants Inc A brief swnmary of the potential environmental impacts and permit requirements for the project will be provided to the City of Sugar Land for prior review This task will include attending up to two coordination meetings WIthagencies, groups, or indIviduals

~~2. Attend Public Meeting - QCI will attend one Public Meeting concerning thISproject In conjunctIOnwith the CIty of Sugar Land, QCI will assist in preparing for and conducting the Public Meetmg~~

The swnmarized mformation WIll then be presented by Quadrant Consultants Inc, upon request, during the public meetmg. Only our project manager will be present at the public meeting in order to answer any questions and to gain an understanding of public concerns which will need to be addressed as part of the EA At this time, we have included the cost for one public meeting whIch is expected to last no more than four hours and whIch includes time before and after the meetmg Additional publtc meetings can be aI/ended, if necessary, as an additional scope of work. 3. Prepare and Attend Public Hearmg - If a Public Hearing is necessary, an additional scope of work will beprepared for this item.

~~10 of 12 09/98 OUADRANTCONSULTANTS INL Commonwealth Boulcmd ProPOsal~~

~~Environmental Assessment Report Table of Contents~~

~~DESCRIPTION RESPONSIBILITY~~

1.0 PURPOSE OF AND NEED FOR THE PROPOSED ACTION QCV Sugar Land 1 1 Purpose and Need 1 2 Description of the Proposed ActIOn 1.2.1 Project Limits 1 2 2 Proposed Action 1.2.3 Right-of-Way Requirements and Utility Adjustments I 2 4 Alignments 1 25 Cost Associated With the Proposed ActIOn 1 3 Background

~~2.0 AL TERNA TIVES INCLUDING THE PROPOSED ACTION QCV Sugar Land 2 1 Summary of Alternative AnalySIS 22 No Build 2 3 Proposed ActIOn~~

3.0 ENVIRONMENTAL IMPACTS QCI 31 Land Use 3 2 Farmland Impacts 3 3 SocialJEnvironmental Justice Impacts 3.4 Relocation Impacts 3 5 Economic Impacts 3 6 Air Quality Impacts 3 7 Noise Impacts 3.8 Water Quality Impacts 39 Permits 3.10 Wetland Impacts 3 II Waterbody Impacts 3.12 Soils and Vegetation 3 13 Habitat Impacts 3 14Wildlife Impacts 3 15 Floodplain Impacts 3 16 Wild and Scenic Rivers 3 17Threatened and Endangered Species 3 18Historic and Archeological Preservation 3.19 Hazardous Waste Sites 3.20 Visual Impacts 3.21 ConstructIOn Impacts 3.22 Section 4(f) Lands 3.23 Secondary and Cumulative Impacts

~~11 of 12 09/98 OUADRANTCONSULTANTS /lv, Commonwealth Boulevard ProPOsal~~

~~Environmental Assessment Report Table of Contents -Continued-~~

~~DESCRIPTION RESPONSIBILITY~~

~~3.24 Pedestnan and Bicycle Facllties QCI 3.25 Coastal Barriers and Coastal Zones 3 26 Energy Requirements 3.27 Summary of Alternatives 3.28 Comments and Coordination~~

~~TABLES~~

~~EXIllBITS~~

~~12ofl2 09/98 ATTACHMENTC~~

~~Services To Be Provided By The City of Sugar Land~~

~~Commonwealth Boulevard Extension Project City of Sugar Land, Fort Bend County, Texas~~

~~The City of Sugar Land will furnish the following items:~~

~~I Furnish available horizontal control points,~~

~~2 FurnIsh benchmark elevations and descnpl10ns for vertical control,~~

~~3 Furnish hsting ofhonzontal ahgnment coordmates for baseline control only,~~

~~4 Furnish copies of data on file concerning thiS project (If any);~~

~~5. Furnish available interface data for any projects adjacent to this project, includmg copies of the as-bUIlt plans;~~

~~6 Furnish Intergraph CADD files with eXIsl1ngplammetncs (If available),~~

~~7 Assist the Engmeer, as necessary, to obtam the reqUlred data and mformatlOn from other local, reglOnal, state, and federal agencies,~~

~~8 Provide the Engineer with tunely reView and deCisions necessary to permit the Engineer to maintain an agreed upon schedule,~~

~~9. A surveyed site map, or other map, detailing the exact property boundaries,~~

~~10. Furnish a tabulation of twelve month movmg average umt prices statewide and for the Houston Distnct ofTxDOT~~

~~II.Furnish traffic counts and turning movement data at key points along the project length as previously dermed in Attachment B~~

~~12. Furnish a copy of the Major Thoroughfare Plan for the region~~

~~13. Copies of any prevIOus environmental, geotechmcal, and hydrogeological reports,~~

~~14. Furnish zoning maps or land use rnasterplans of the area~~

~~1 of2 OUADRANT CONSULTANTS I" Commonwealth BouJevard ProooS3J~~

15. Copies of any environmental pemuts, registrations, notifications, and reports (for example hazardous waste, solid waste, wastewater, storm water, and petroleum storage tanks), within or m close proximity to the proposed corridor (if any),

~~16. Copies of any correspondence with environmental regulatory agencies,~~

~~17 Information of any known recognized environmental conditIOns, withm or in close proximity to the proposed corridor (if any),~~

18. information regarding any pending or past notices of VIOlatIOns,admimstrative proceedmgs, or litigation relevant to hazardous substances or petroleum products, withm or in close proXimity to the proposed COrrIdor(if any),

~~19 Furnish study reports of data on economIC conditions and characteristics, such as descriptions of the work force, commercial and mdustnal activities and their contnbutions to the area's economy~~

~~20 Furnish populatIOn data and study reports addressmg histone and projected population dIstribution by age, gender, ethnIc background, etc.~~

~~21 Property access arrangements,~~

~~22 Name and telephone number of the current property owner(s);~~

~~23 The name(s) of any other person(s) knowledgeable of the property, and~~

~~24. informatIOn regardmg the planned use or development of the adjoimng propertIes.~~

~~20f2 09/98 "~~

~~PURCHASING PROCEDURES~~

~~City of Texas Cityffexas Clty Economic Development Corporation purchasing procedures for the selection of Professional Services: Engineers, Architects, Etc.~~

~~Step #1 Permission to Advertise~~

~~Clty Commission and Texas City Economic Development Corporation authorizes advertisement for Professional Services/Qualifications~~

~~Step #2 Advertising~~

~~Prior to advertising, develop the scope of work to be accomplished and an estimate of the anticipated fee (for comparison during the negotiation process).~~

A notice of the Proposed Professional Services is publIshed in the newspaper The first day of publication occurs fourteen (14) days before the date of the Proposals/Qualifications are opened. Two (2) publications shall occur.

~~Step #3 Mail out of Packets~~

The Planning Department will mail Proposal Packets to all interested Engineers! Architects. The City keeps an ongoing computer list for mail out purposes. The City also sends out packets requested by phone or picked up in person. The City will inform potential providers that, if selected, they will be required to fill out Debarment, Lower Tier Debarment and Lobbying Certifications per TxDOT requirements.

~~Step #4 Receiving RFP/O~~

Proposals are received in the City Secretary's office ill sealed envelopes marked with the assigned Proposal number. The City Secretary's office publicly receives and records the submission of requested Proposals. The City Secretary's office records the time and date proposals are received.

~~Jla S~~

~~Step #5 Opening of RFP/O~~

~~The City Secretary's office opens the Proposals in the City Conference Room on the date specified in the notice.~~

~~Step #6 EvaluationIRecommendation~~

The City Secretary, City Engineer, Public Works Director and any other personnel selected by the City Commission shall evaluate the Proposals/Qualifications and make their reco=endation to City Commission and Texas City Economic Development Corporation. The criteria used to evaluate the proposals shall be:

~~1. Similar Work Experience 2. WorkLoad 3. Past Performance 4. Staffing Capabilities~~

~~Step #7 Contract Execution~~

City of Texas City and Texas City Econollllc Development Corporation will request a pre-negouation audJ.tby TxDOT of providers , books prior to contract executiOn. Contract will be lump sum or cost pIns fixed fee. Contract will not be a percentage of construction cost. Contract and scope of work will be reviewed and approved by TxDOT before execution by Texas City Economic Development Corporation. Provider will be required to submit Debarment, Lower Tier Debarment and Lobbying Certifications upon contract execution.

~~Step #8 Contract Administration~~

City of Texas CitylTexas City Economic Development Corporation will monitor the project in conjunction with TxDOT. TxDOT will assign a permanent project manager. Mr. James F. McWhorter, P.E., will monitor project for the City. TxDOT and the City will schedule meetings, verify work is complete, and review costs The City will pay the provider and request reimbursement from TxDOT. TxDOT and the City will jointly approve and process contract amendments for additional time, changes in scope and additional costs The City and TxDOT will mutually provide an evaluation of the provider's work. The City and TxDOT will cooperatively determine responsibility for errors or omissions and settle all contractual or administrative issues.

~~Ib ~1I.1995 ',;----~~

~~"~, CONSUL TANT SELECTION p' OCEDURE~~

• LPA REQUIRED TO S' . MIT CONSULTANT SELEC ~, PROCEDURE FOR ALL PROJECTS WHERE FEDE FUNDS WILL BE USED TO REIMBURSE CONSULTANT • HOUSTON TXDOT SENDS L EXAMPLE SELECTION PROCEDURE. CON£ULTANT SELECTION )s>"ROCEDURE (CONT~'"

~~AND MAKES COMME . • LPA AND HOUSTON TXlJ I AGREE ON SELECTION PROCEDURE . • LPA MUST ADVERTISE FOR CONSULTANT AND MAKE SELECTION ON PERFORMANCE BASED CRITERIA. CONsULTANT SELECTION~OCEDURE (CONT~~~

• LPA SENDS HOUSTO TXDOT A FORMAL SELECTIO ' PROCEDURE FOR APPRQ], • HOUSTON TXDOT APPRO " SELECTION PROCEDURE REQUESTS THAT LPA PROCEED TO SELECT A CONSULTANT. CO £ULTANT SELECTION ls>,ROCEDURE (CONT~""

• LPA SELECTS A CONSULTANT . • CONSULTANT SELECTI PROCEDURE CAN OCCURl SIMULTANEOUSLY WITH AGREEMENT PROCESS. CONSULTANT CONTR~T"" \ • HOUSTON TXDOT M~~T APPROVE CONTRACT BETWEEN LPA AND CONSULTANT PRIOR TO EXECUTION . • APPROVAL OF SCOPE OF WORK, CONTRACT FORMA AND FEE IS REQUIRED FOR ALL CONTRACTS WHERE FEDERAL FUNDS WILL PARTICIPATE. ~ CONSUL TANT CONTRACT~(CONT.)""

• APPROVAL OF SCOP ,;. F WORK ONLY IS REQUI" ~D FOR CONTRACTS WHIC, ,RE NOT USING FEDERAL F • HOUSTON TXDOT SENDS ' EXAMPLE OF STANDARD CONTRACT. • CONTRACT MUST BE EITHE LUMP SUM OR COST PLUS A FIXED FEE. CONStJ""L TANT CONTRACT"" CONT.)

• LPA AND CONSULT 1\ T DEVELOP A CONSULT T CONTRACT AND SUBMT 0 HOUSTON TXDOT FOR APPROVAL. • HOUTON TXDOT REVIEWS CONTRACT. • CONSULTANT, LPAAND HOUSTON TXDOT MEET, IF NECESSARY TO DISCUSS CONTRACT. CONSULTANT "'- CONTRACT CONT.)

• CONSULTANT DRAF'I\iFINAL CONTRACTANDSEND~ 0 LPA. • LPA SUBMITS CONTRAC HOUSTON TXDOT FOR APPROVAL. • HOUSTON TXDOT SUBMITS CONTRACT TO HOUSTON TXDOT AUDIT OFFICE IN AUSTIN. • AUDIT OFFICE AUDITS CONTRACT AND SUBMITS RESULTS. ~ CONSUL TANT CONTRACT~ONT."" )

• IF AUDIT RESULTS A: ~\ SATISFACTORY HOUS .• TXDOT APPROVES CONTRACT AND ADVISE~ LPA TO EXECUTE CONT . AND TO SCHEDULE A PROJECT KICK OFF MEETIN • LPA SENDS HOUSTON TXDO' COPIES OF ALL EXECUTED CONTRACTS. "

~~\ AGENDA ITEM J;v rz.. \ ,d 00~~

~~Project No: 2000145 Terms: UPON RECEIPT \L\ S. Project Code: South Post Oak Community Center~~

~~Mr Jess Hegemler November 30, 2000 Ft. Bend County Engineer InVOice No 200010219 1124-52 Blume Road PrJ Manager 040 Rosenberg, TX 77471~~

Klrk~e} I 4rchuecture 6909 Port'" est Drive Houston Texas 7i024 ______ProfeSSional Services from October 1, 2000 to October 31, 2000 telephone 713 850 9600 facsmule :13 850 7308 www klrk~e .. f'om cc. Mr Grady Prestage

~~Part of % Complete Fee PrevIous Amount Due Phase Fee To Date Earned InVOiced ThiS InVOice~~

SchematiC Deslg n 6,75000 10000% 6,75000 6,75000 000 DeSign Development 3,37500 10000% 3,37500 000 3,37500 Construction Documents 13,50000 10000% 13,50000 000 13,50000 Bidding/Negotiations 10,12500 000% 000 000 000 ~ Construction Services 33,75000 000% 000 000 000 ,,0 TOTAL 67,50000 23,62500 6,75000 (£6,875 0 P_' tY

~~Reimbursable Expenses~~

Fax 1035 BUilding Permits 60605 Englneenng Relmbursables 151 51 Plotting 1,26112 Xerox 2,23307 Reproduction Costs 2,46659 T ransportatlonlT ravel 2878 , Long Distance Telephone 298 Delivery Charges 18660

~~Total Reimbursable Expenses~~

~~Total Amount Due This Invoice • BOND No. SA3806~~

~~THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF FORT BEND §~~

THAT WE, HarrlS Constructlon Company and Interland, Inc. whose name/address/phone lS 6602 Guhn Road, Houston, Texas 77040 (713) 690-0791 and 3118 Rlchmond Avenue, SUlte 210, Houston, Texas 77098 (713) 520-9500, respectlvely , herelnafter called the Prlnclpal, and Fldellty and Guaranty Insurance Underwrlters, Inc. ,a Corporatlon eXlstlng under and by vlrtue of the laws of the State of Wlsconsln and authorized to do an lndemnlfYlng buslness In the State of Texas, and whose prlnclpal offlce/name/address/phone lS located at _ 385 Washington Street, St. Paul, Mlnnesota 55102 (651) 310-7911, whose officer resldlng In the State of Texas, authorlzed to accept serVlce In all SUltS and actlons brought wlthln sald State lS L Ray Pltts, Jr., Allled North Amerlca Corp. of Texas (company and name), and whose address/phone lS 12770 COlt Road, SUlte 750, Dallas, Texas 75251 (972) 455-1400 herelnafter called the Surety, and held and flrmly bound unto, James C. Adolphus, County Judge of Fort Bend County, Texas or hls successors In offlce, In the full sum of Thlrty Elght Thousand, Two Hundred Flfty Dollars ($38,250.00)-- Dollars ($ 38,250.00 current, lawful money of the Unlted States of Amerlca, to be pald to sald James C. Adolphus, County Judge of Fort Bend County, Texas or hls successors In offlce, to whlch payment well and truly to be made and done, we, the underslgned, blnd ourselves and each of us, our helrs, executors, admlnlstrators, successors, asslgns, and legal representatlves, Jointly and severally, by these presents.

WHEREAS, the sald Prlnclpal lS the owner of the followlng Subdlvlsl.on(s) : Blssonnet Road Brldge Over Keegans Bayou (South Structure) c:~~.\~.\~·\yu~\\.\,~ n.L N \'L1ENT~\RAY't\.TI~\H~S\SUBDlVIS[ON BQNDS\SUBDlV1SION.FT BEND SA37k DOC f\e..,\v r f\ \'\:), T\ \' L, ~ located In Fort Bend County, Texas; and, WHEREAS, the Commlssioners' Court of Fort Bend County, Texas, has promulgated certaln rules, regulatlons and requlrements relatlng to Subdl vislons In Fort Bend County, Texas, as more speclflcally set out in "Fort Bend County Subdivlslon Plattlng Pollcy" as amended; same belng made a part hereof for all purposes, as though fully set out hereln; wherein It lS provlded, among other thlngs, that the owner of a Subdlvlsion wlll construct the roads, streets, brldges and dralnage In the right-of-way deplcted on the plat thereof, In accordance with the speclflcations set out thereln, and malntaln such roads, streets, brldges and dralnage In the rlght-of-way until such tlme as sald roads, streets, brldges and dralnage In the rlght-of-way have been accepted for malntenance by the Commlssloners' Court of Fort Bend County, Texas.

It lS further stlpulated and understood that the approval of the map or plat of the above named Subdlvlslon(s) lS condltloned upon and subJect to the strlct compllance by the Prlnclpal hereln wlth the aforesald speclflcatlons, and that the terms of sald speclflcatlons, lncluding all deletlons, addl tlons, changes or modlflcatlons of any klnd or character, constltute a contract between the County of Fort Bend and Prlnclpal; and It lS understood by the Princlpal that the approval of sald map or plat of the above Subdlvlslon(s) was obtalned only by the undertaklng of the Prlnclpal to so comply wlth the sald regulatlons and speclflcatlons wlthln a reasonable tlme, as set by the Commlssloners' Court of Fort Bend County, Texas, and that wlthout such undertaklng such approval would have not been granted.

NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that If the above bounded Prlnclpal, hls, her, thelr, or ltS helrs, executors, admlnlstrators, successors, asslgns, and legal representatlves, and each and everyone of them to do In all thlngs well and truly observe, perform, fUlflll, keep and comply with all and slngular the rules, regulatlons, requlrements and speclflcatlons above

N \CllENTS\RAVPITTS\HARRlSISUBDlV1SION BONDSISUBDIVISION FT BEND SAJ7Z DOC referred to, ~nclud~ng any delet~ons, add~t~ons, changes or mod~f~cat~ons of any k~nd or character, ~n the construct~on and ma~ntenance of all roads, streets, br~dges and dra~nage ~n the r~ght-of-way ~n the above named Subd~v~s~on(s) and that upon approval of the construct~on of sa~d roads, streets, br~dges and dra~nage ~n the r~ght-of-way by the County Eng~neer, and upon the approval of such ma~ntenance by the County Eng~neer, and upon acceptance of such roads, streets, br~dges and dra~nage ~n the r~ght-of-way by the Comm~ss~oners' Court of Fort Bend County, Texas, then th~s obl~gat~on to be vo~d and of no force and effect.

The Pr~nc~pal and Surety hereon each agree, b~nd and obl~gate themselves to pay to James C Adolphus, County Judge of Fort Bend County, State of Texas, or h~s successors ~n off~ce, for the use and benef~t of Fort Bend County, all loss or damages to ~t occas~oned by reason of the fa~lure of the Pr~nc~pal to comply str~ctly w~th each and every prov~s~on conta~ned ~n the rules, regulat~ons, requ~rements and spec~f~cat~ons above referred to • relat~ng to the construct~on and ma~ntenance of roads, streets, br~dges and dra~nage ~n the r~ght-of-way ~n the above named Subd~v~s~on(s), and further agree, b~nd and obl~gate themselves to defend, save and keep harmless the County of Fort Bend from any and all damages, expenses, and cla~ms of every k~nd and character wh~ch the County of Fort Bend my suffer, d~rectly or ~nd~rectly, as a result of the Princ~pal's failure to comply w~th the rules, regulat~ons and spec~ficat~ons relat~ng to the construct~on and ma~ntenance of the roads, streets, br~dges and drainage in the r~ght-of-way ~n the above named Subd~v~sion(s).

The word Pr~nc~pal when used here~n means Pr~nc~pal or Pr~nc~pals whether an ~nd~v~dual, ~nd~v~duals, partnersh~p, corporat~on, or other legal entity hav~ng the capac~ty to contract. The words Roads, Streets, Br~dges and Dra~nage in the right-of-way used herein mean each and every road, street, bridge and dra~nage ~n the r~ght-of-way in sa~d Subdiv~s~on(s). The word Maintenance

N ICLIENTS\RAYPITTS\HARRIS\sUBDlV1SIQN BONDS\SUBDlV1S10N IT BEND SAJ7~ DOC as used hereln means all needful, necessary and proper care and repalr from completlon of the roads or streets and approval thereof by the County Englneer untll acceptance of the roads and streets by the COffiffilssloners'Court. The word Surety when used hereln means Surety or Suretles, and It lS understood by the partles that any and all llabllltles of any klnd or character assumed or lmposed upon the Prlnclpal by the terms hereof extends In full force and vlgor to each and every Surety JOlntly and severally.

~~In the event of SUlt hereunder, such sUlt shall be brought In Fort Bend County, Texas.~~

~~Executed thls 27th day of October , 2 0 ~0c:'0__~~

~~ATTEST: e;t1crd-a-o/ Secretary ------~~

~~Sec~~

~~- 1 ~ : . ~ " ~.: t ", -. ~ ;">1, ,~' " ,,'~~

~~APPROVP::Dthls~~

~~~T~~~ . -; : lh~n'l)eWllson' ,'.. CountY·..Cle:t:k~'.: . , ...... (". " J ,~, I 1 • " " V '. , • \~~

~~'I \,' \~~

N \CLlENTS\RAVPITTS\HARRlSISUBDIVISION BONDS\SUBDIVISIQl\-FT BEND SA37~ DOC 1heStRIul POWER OF ATTORNEY Seaboard Surety Company UOlted States Fldehty and Guaranty Company St. Paul Fire and Manne Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, IDe St. Paul Mercury Insurance Company

~~Power of Attorney No 21715 CertIficate No.~~

KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Comp,my IS a corporatIOn duly orgafilzed under the laws of the State of New York, and that St Paul FIre and Manne Insurance Company, 5t Paul Guardian In~urance Company and St Paul Mercury Insurance Company are corporations duly orgamzed under the laws of the State of Mmne~ota, and that Untled States Fldeluy and Guaranty Company IS a corporatIOn duly orgamzed under the laws of the State of Maryland, and that Fldehty and Guaranty Insurance Company IS a corporatIOn duly orgamzed under the laws of the State of Iowa, and that Fldehty and Guaranty Insurance Underwnters,Ine IS a corporatlon duly orgamzed under the laws of the State of WI~Lonsm (herem collel.tlvely called the "Compames ), and that the Compame):, do hereby make, constitute and appoint

~~L Ray PItts, Jr , Ahcla T Phllhps and Scott J N,ssen~~

Dallas Texas of the City of ,State ,thelr true and lawful Attomey(s)-In·Fact, each In their separate capacity If more than one IS named above, to sIgn Its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings contracts and other wntten mstruments In the nature thereof on behalf of the Compames m their busmess of guaranteemg the fidehty of persons, guaranteemg the perfonnance of contracts and executmg or guaranteemg bonds and undertakmgs reqUIred or permItted m any actIOns or proceedmgs allowed by law """'~ \ ' \ IN WITNESS WHEREOF, the Compames have caused thIS lllstrumentto' 6e ~Igned arnt se;:led thIS. -"-'''---_day5th of '-"1:.:.:'-Apn1 _ 2000 ....v- , ,."" ~ - ,~...... ' '"""'" ... \. Seaboard Surety Company' , \, ' UnIted States Fidelity and Guaranty Company St. Paul Fire and Marme Insurance 'Company '-Fldehty and Guaranty Insurance Company St Paul GuardIan Insurance Company \ " Fidelity and Guaranty Insurance Underwriters, Inc 5' Paul Mercury [.,urauce COmpoDy ~ ~ @ {T :,., _"n_e,,_

~~State of Maryland~~

~~City of Bd!liffiore MICHAEL R MCKIBBEN, AS~lstant SecretarY~~

On thiS 5th day of Apnl 2000 before me the underSigned offlLer, personJ.lIy appeared John F Phmney and MJch.Jel R McKIbben who aLknowledged lhemselve!> to be the VICe Pre):,Jdent and A1>M.'Ildm Secretary, respedfveJy, of Seaboard Surely Company, 51 Paul Flfe and Manne Insurance Company St Paul GuardIan Insurance Company, St Paul Mercury Insurance Company, United States FidelIty and Guaranty Company, FIdelity and Guaranty Insurance Company and Fldehty J.nd Guaranty Insurance Underwruer<; Tnc and that the ~eals affixed to the foregomg Instrument are the corporate seals of saId Compames and that they, as sULh, bemg duthonzed so to do, executed the toregomg m~trument for the purposes therem contamed by Slgmng the names of the corporatIOns by themselves as duly authonzed otflcers

~~In WItness Whereof, Ihereunto set my hand and officml seal~~

~~My CommJ ...... JOo explfCs the 13th day of July, 2002 REBECCA EASLEY·ONOKALA Notary Public~~

~~86203 Rev 11-99 Printed," USA IMPORTANT NOTICE~~

~~TO OBTAIN INFORMATION OR MAKE A COMPLAINT: 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, TEXAS 78714-9104 FAX # (512) 475-1771~~

~~PREMIUM OR CLAIM DISPUTES:~~

~~SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE~~

~~ATTACH THIS NOTICE TO YOUR POLICY:~~

~~THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME APART OR CONDITION OF THE ATTACHED DOCUMENT. RELEASE AUTHORXZATXON~~

~~THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OF COMMISSIONERS COURT:~~

~~check one or more documents per proJect~~

~~BOND~~

~~# 05032076 $ 69.835.00~~

~~Name: P~Sloco, Inc. S~Nat1onal Un10n Fire Ins. Co. of Pittsburgh~~

~~RIDER TO BOND #_------$------Name:~~

~~LETTER OF CREDIT #_------$------Name : _~~

~~OTHER #_------$------Name:~~

~~CONSTRUCTION PROJECT (Name or location): PAVXNG OF BXSSONNET ROAD FROM SH6 TO ROCKY VALLEY DRXVE~~

~~RELEASE DOCUMENT(S) TO THE FOLLOWING:~~

~~Name: James R. Moore, First General Realty, Inc./SLOCO, Inc. Address: 1300 Post Oak Blvd., Suite 230 City/State/Zip: Houston, Texas 77056~~

~~AGREED:~~

~~COMMISSIONER, PRECINCT #_~4__~~

~~.e.v- FORT BEND COUNTY ENGIN E~~

~~COURT A DATE OF BY: Deputy County C erk~~

~~I \Wpdlwi\PROCEDIDEV\relellscfmuilH wpd _. -_.__._----_. _.- .._---~~

~~&IlMPAREU 1;J.JJ -{J OFFICIAL RECORDS 4S8~J~~

~~BOND NO. 05 32 76~~

~~STATE OF TEXAS ( , " I KNDWALL t1EN DY THESE PRESENTS' COUNTY OF FORT BEND I~~

TIIAT SLOCO, INC. of HARRIS County, 1exa5, hereinafter called the Prllldpal, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH. PA , a Corporation l!!xhting under and by virtue of the laWfI of the State of PENN§YLVANIA and authorized to do 8n il1dromrtifying budnesR in the ~ of TeXa!, and whOSl!!p[lncipal office is located in the City of NEW YORK • State of NEWYORK I whose oHicer residing in the Stale of Texas, Authorized to accept service in all SUits and acllons brought wi thin sud StalE' I, is GERARD J. LOCKE I residing in the City of I:!QlI..51QN. TEXAS -:::::::-:--:--===7.. hereinltfter cBilled the Surely, are held and firmly bound unto, JODIE E, STAVINOHA County Judge of Fott Bend County, Texas, in the £"11 sum of SIXTY-NINE THOUSAND EIGljl U1JNDBED THIRTY_FIVE: AND NO/lQQ(dtl't{'.!tll~~ Uollarfl ($ 6g.835 00 ) eucre,,"', lawful money of the United Slntrs of Amedca, to be paid to .JODIE E. STAyINOHA I County Judgr of Forl nC'nd County, or his l!IucceBSorsin office, to which payment well and truly to be mlldt· and done, we, tb~ und~rsi&ned, bind ourselves and each of us, our heirs, execU· tors, adminiltrators, successors, a8signl, and legal representatives, jointly and severally, by these present5.

~~WHEREAS, the 'aid Princip.l h the owner of the following Subdivision(.):~~

~~\ I Ii FORT BEND COUNTY CLERK~~

301 Jackson St, Richmond, TX 77469-3108 (Mam) 303 Texas Parkway, Mlssoun CIty, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON wwwcofort-bend tx us Admm. Fax (281) 341-8697 COUNTY CLERK CIVllFax (281) 341-4520 Cnmmal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 18, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

~~A release order has been issued by the Fort Bend County Commissioners Court for the following:~~

~~BOND# 053276 $69,83500~~

~~SUBDIVISION Pavmg ofBlssonnet Road from State Highway 6 To Rocky Valley Dnve~~

~~PRINCIPAL Sloco, Inc.~~

~~SURETY NatIOnal Umon Fire Insurance Company of Pittsburgh, PA~~

~~RELEASE TO James R Moore First General Realty Inc./Sloco, Inc 1300 Post Oak Blvd, SUite 230 Houston, Texas 77056~~

InformatIOn on the Issuance and release of thiS secunty are on file at the Fort Bend County Clerk's Office Inqumes should be addressed to Dianne Wilson, Fort Bend County Clerk, 301 Jackson, RIchmond, Texas 77469-3108 or call 281-341-8653

~~cc: Mary Jane Sowa, Fort Bend County Engmeenng Bond No. 61 BCSAL9992~~

~~BOND~~

~~THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF FORT BEND §~~

THAT WE, Interland, Inc. and Allgood Construction Company, Inc. whose addresses are 3118 Richmond Avenue, Suite 210, Houston, Texas 77098 (phone 713/520-9500) and 2647 Joann St., Stafford, Texas 77477 (phone 281/499-9621), respectively, hereinafter called the Principal, and Hartford Fire Insurance Company, 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, and whose principal office is located at P.O.Box 4611, Houston, Texas 77210 (phone 281/874-9600), whose officer res/dIng In the State of Texas, authorized to accept servIce In all surts and actions brought within said State IS Timberline Insurance Services, Inc. and whose address IS 13101 Northwest Freeway, Suite 220, Houston, Texas 77040 (phone 713/939-9898), hereinafter called the Surety, and held and firmly bound unto, James C Adolphus, County Judge of Fort Bend County, Texas or his successors /n office, In the full sum of Fifty-two Thousand, Two Hundred Thirty Dollars ($52,230.00) 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.

~~WHEREAS, the said Pnnclpal is the owner of the follOWing Subdlvlslon(s): Bissonnet Road-Richmond Gaines Road to Keegans Bayou located In Fort Bend County, Texas, and,~~

WHEREAS, the Commissioners' Court of Fort Bend County, Texas, has promulgated certain rUles, regulations and requirements relating to Subdivisions in Fort Bend County, Texas, 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. bndges and drainage In the nght-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 accepted for maintenance by the Commissioners' Court of Fort Bend County, Texas. It ISfurther stipulated and understood that the approval of the map or plat of the above named Subdlvlslon(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, addllions, changes or modifications of any kind or character, conslitute 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 Subdlvlslon(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, successors, assigns, and legal representatives, 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, reqUirementsand speclflcatrons 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 Subdlvlslon(s) and that upon approval of the 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 thiSobligation to be VOidand of no force and effect

The PrinCipaland Surety hereon each agree, bind and obligate themselves to pay to James C Adolphus, 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 PrinCipalto comply strictly Witheach 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 In the above named Subdlvlslon(s), and further agree, bind and obligate themselves 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 my suffer, directly or Indirectly, as a result of the PrinCipal'sfailure to comply Withthe rules, regulations and specifications relating to the construction and maintenance of the roads, streets, bridges and drainage In the rlght- of-way In the above named Subdlvlslon(s)

The word PrinCipalwhen used herein means PrinCipal or PrinCipals whether an Individual, individuals, partnership, corporation, or other legal entrty 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 Subdlvlslon(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 character assumed or Imposed upon the Principal by the terms hereof extends In full force and vigor to each and every Surety JOintlyand severally

~~In the event of SUit hereunder, such SUit shall be brought In Fort Bend County, Texas~~

~~Executed this 20th day of ---::N.::.ov.:..:,,:::m.::.b,,::..:r,--, 20 _0_0~~

~~ATTEST~~

~~,&41< r:7~~

~~ATTEST~~

~~Hartford Fire Surety~~

~~--/-~~~~i"" "'-_- • , '. " <,' ATTORNEY IN FACT- ~'t " 1 Richard M Heldbnnk < • -,, ,~~

~~APPROVED this 'S.1:day of \J2~20_~~

o' :'~,}~JT.EST : /J 'J . :',: -::C----:--...,.,:;.~~==~a....-=------~ ,-,: Dranne Wilson ..lal~,;..c;~I!tel-i*it:is ~.t..!YSfilt-z.e-S '. \~.....County Clerk. , Gel:lAly dl:ldge p,ea;I l>1#'i ' , Fort Bend County, Texas , " . '" " HARTFORD FIRE INSURANCE -eOMPANY

~~Hartford. Connecticut POWER OF ATTORNEY~~

Know all men by these Presents. That HARTFORD FIRE INSURANCE COMPANY a cor~oralJon duly organized under ttolelaws of the State of ConnectIcut and havmg Its prlnC oal office In (he C,rl of Hartford County 01 Hartford State of Connecticut does nereby make constitute and a~polnt

~~JVd' tfUJ.\ { H£!("1BRI,\A' ,\(/1.,71 IEL [1C'LES(JCK .md AI,\fF£RL)' \.lIITH .'1 Hl.,l.'\T ...'.\ T£\.4\~~

Its true and lawful Altomey(s}-tn-Facl wIth full power and authority to each of said Altomey(S}oln Facl In their separale capaoty If more than one IS named above to sign execute ar1C acknowledge any and all bonds and undertakings and other wntlngs obhgatory In me nature thereof on behalf of the Company mIls busmess of guaranteemg the fidelity of persons noldlng places af publiC or pnllate trust guaranteeing the performance of eantracts other than msuranc.e pohoes guaranteemg the performance of tnsuranca contracts wher~ Surely tlOnds are accepted by states and munlClpahlLes. and execullng or guaranteemg bonds and undertakings reqUired or permItted In all acllons or proceedmgs or by law allowed and to bInd HARTFORD FIRE INSURANCE COMPANY thereby as funy and to the same extent as If such bondS and undenaklOgs and other wntlngs obligatoI)' In the nature thereof were Signed by an Execuflve Officer at HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one olher of such Officers and hereby rattfies and confirms all that ItS said Altomey(s}om-Fact may do In pursuance hereof

ThiS Power of Attomey IS granted under and by authonfy of the By,Laws of HARTFORD FIRE INSURANCE COMPANY nhe Company-) as amended by the Board of DIrectors at a meeting duly called and held on Juty 9 1997 as follows

~~ARTICLE IV~~

SECTIQN 7 The President or any VIce PreSident or ASSistant Vice-PresIdent acling WIth any SecretaI)' or ASSIstant Secretary shall have power and authonty to Sign and execute and attach the seal at the Company to bonds and undertakings recongnlzances contracts of Indemmty and other wnlings obligatoI)' In the nature thereof and such Instruments so Signed and executed W1lh or Without the common seal shall be valid and bmdmg upon the Company

SECTION 8 The President or any VIce-President or any ASSistant Vice PreSIdent acllng WIth any SecretaI)' or ASSistant SecretaI)' shall have power and aUlhonty to appoint for purposes only of executmg and attestIng bonds and undenakmgs and other wnlings obligator, In the nature thereof one or more reSIdent Vice PreSidents reSident AsSIstant Secretanes and AttomeYS-+n-Fact and al any bme to remove any such reSident Vice-President reSident ASSistant SecretaI)' or Attomey-tn-Fact, and revoke the power and autMonty 91ven to him

Resolved that the signatures of such Officers and the seal of the Company may be affixed 10 any such power of attomey or to any certificate relalmg therelo by faCSimIle and any such power of attomey or certificate beanng such faCSimile Signatures or faCSimile seal shall be valid and btndmg upon the Company and any such power so executed and certIfied by faCSImile Slgnalures and faCSimile seal shall be vahd and bmdlng upon the Company In the future WIth respect to any bond or undertakmg to Which It IS attached

In Witness Whereof. HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by lis AsSistant Vlce-Presldenl. and liS corporale seal to be herelo affixed dUly attested by lis secretaI)' thiS 14th day of May, 1999

~~HARTFORD FIRE INSURANCE COMPANY~~

~~Paul A Bergenholtz. AsSIstant Secretary Robert L Post ASSistant Vice PreSident~~

~~STATE OF CONNECTICUT} 55. Hartford COUN1Y OF HARTFORD~~

On thiS '4th day of May A 0 1999 before me personally came Robert L Post to me known who being by me duty swam dId depose and say that he reSides In the County of Hartford State of Connecllcul thai he IS the Asslsta,,1 Vlce,PreSldent of HARTFORD FIRE INSURANCE COMPANY the corporation descnbed In and Which executed the above Instrumenl thai he knows Ihe seal of the said corporatIon that the seal affixed to the said InstrumenllS such corporate seal, that II was so affixed by order of the Board of DIrectors of said corporation and thai he SIgned hiS name Ihereto by like order Ga%c/~~~ / -- NOla'Y Pub", CERTIFICATE My ComnusSlon Eilpln:S June 30. 2:004

I the undersigned SecretaI)' of HARTFORD FIRE INSURANCe COMPANY a ConnectIcut CorporatIon DO HEREBY CERTIFY thai the foregOing and attached POWER OF ATTORNEY remains In full foree and has nol been revoked, and furthermore. that ArtIcle IV Secl,ons 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCe COMPANY, set forth In Ihe Power of Attorney are now In force

~~SIgned and sealed at Ihe City of Hartford Dated the 20th day of November 20 00~~

~~Richard L Mal'$hall. Jr • Asslslant Secretary DenniS Lane AsSIstant Vice President~~

~~Form 5-3507-9 (HF) Pnnted In USA RELEASE AUTHORIZATION~~

~~THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OF COMMISSIONERS COURT:~~

~~check one or more documents per project~~

~~BOND~~

~~# 8106 07 04 $ 112,500.00~~

~~Name: P=Sloco, Inc. S= Federal Insurance Company~~

~~RIDER TO BOND~~

~~#_------$------Name:~~

~~LETTER OF CREDIT~~

~~#_------$------Name : _~~

~~OTHER~~

~~#_------$------Name:~~

~~CONSTRUCTION PROJECT (Name or location): BISSONNET STREET AT RICHMOND GAINES ROAD STREET DEDICATION~~

~~RELEASE DOCUMENT(S) TO THE FOLLOWING:~~

~~Name: James R. Moore, F~rst General Realty, Inc. ISLOCO, Inc. Address: 1300 Post Oak Blvd., Suite 230 C~ty/State/Z~p: Houston, Texas 77056~~

~~AGREED: l2t~j()~ COMMISSIONER, PRECINCT #_~4__ -f;,r FORT BEND COUNTY ENGIN~--~~

~~COURT A DATE OF \~:fm BY: Deputy County CI~~

~~I \WpdaW\PROCED\DEV\rele"".,fnn..<.IOt wpd 1711 654 8533892 COMPARED OFFICIAL RECORDS~~

~~BOND NO. 8106 07 0"~~

~~STATE OF TEXAS KNOW ALl. HEN Dr TII~SE I'RFSlNTS' COUNTY OF FORT BENO~~

THAT SLOCO. INC of HARP-fS fEDERAL INSURANCE COMPANY I a Corporation existing under:- and by virtue of the law,,; of th~ Stltte of ~ JERSEY and authori?cd to do an tnll("mnfryillJ~ husincsn In the SLat(" of Tex8lI, and whORe principal c{Uce is localpd in the City of ---..!iA.BJY:lf , State of NEWJERSEY , whose o[ficer rrsidtng III t!J(' State of lcxao;, Authorized to accept service in all GUltn And actions hrought wlthJn 5Il1rJ fit.Hr Is STEVEN Gf LAyfIELD , reslrlin~ in the CIty of -H~~~ __ hereinafter clIJied the Surety, Bre hE'lll and firmly bOllnd unto, --:J-:O-:O-:I-:E-=E--:S=T"'A=v"r-NO':"HA....-County Judge of Fort Hend County, TrXtlR, ill the full Rum of_ONE HUNDRED TWEI.yE THOUSAND flYE..lI!JliUF.£.D_I.UW..JHJi.1.00::i1':' l'l _~fl~·IIl1'!.lf!,!r.!!~t!.~ no Iia rc; ($ 112 SOD 00 ) current, lawrul mon('y of t1H' UnllC'd Slnlf'R of "m('rltA, to be paid to ,JODIE: E:...... sIJ\VINOIlA , Counly JudRf' of ForL 1I1'llfl County, or his successors In ofCice, to which pByment well 0111.1 truly to !If" mild,. and done, we, the undersigned, bind ourselveA and each of UR, our heirs, PXE"("U- tOrD, administrators, succesRou, assigns, and legal representatives, jointly and severally, by these presents

~~WHEREAS, the said Pnnnpal 18 the owner oC the fo110w1I18 SubdLVislon(s)'~~

~~located III Fort Bend Counly, Texas, as pf.>r Volumf'(c;) PRge(s) , Nap Records of Forl Dcnd COlliili;T~K"~,""171---'---~~

WHEREAS, the Commluiollers Court oC Fort Bend Calmly, TexaR, hac; promulgated certain rules, regulation5 and rcquirpmcnto; relnting to SubdivJr:;ion'1 111 Fort Bend County, Texas, as more c;peclflcal1y o;el out In S('ctlon I uf L1u' polIcies for approval of plate; In Fort Bf"lld County, c;amp Ilclng m~de a Il~rt hf'reof for all purposps, an thou~h fully f;pt oul hrr('lrI, wbrrCln It 1<: provldrf!. among OthPT lhln~5, thal lh~ O.....lIr[' of a Suh!llvl&JOli .....111 lono.,lnHl L1I1' ro.lll·; and streets therell1 shown, 111 accorrJ.1nce With lhp o;pcc1!llallolls sel ouL therein, and maintnn such rOllldo; and street.; untll Ruch tlme as road.:; and streets have been 8cc('pted and for maintenance by the CommISSioners Court or the County of Fort Bend, Texas

It is further sltplJlntccl nnd ununsLrlOd lhnt th(' .I!'provitl. o( lIH' mnl' or ; plat of the above SlJbtilvl~lon('J) 15 conditl0ned upon and f1UbjCLL lo the sLrlC't compliance by the Principal herein wi lit thr aCorefl31d 8pedCicatlons, and thal the' terms of said spcciflcations, including all ul'lcLioll~, addihons, changes or modi£ic8tions o[ 8ny kind or I:"harActer, conslilute' a contract !Jplwccn thr CounLy o[ Fort Bend and Prlnclpnl, and tl is tllulC'rstood by lIlr I'nncll':J1 that the' approval of said map or plat or lhe above fiul,clIVIR10II(S) w~s ol)lalncd only hy tilt" undertaking of the Principal to so romply wllh the 1';11d rp~tllat]ons nnd lIlpecifltallons, and that without such Hlluel taktng such approva l would have flol been granted. FORT BEND COUNTY CLERK

301 Jackson St, Richmond, TX 77469-3108 (Main) 303 Texas Parkway, Mlssoun City, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON www co fort-bend IX us Admin Fax (281) 341-8697 COUNTY CLERK ClVllFax (281) 341-4520 Cnnuna1 Fax (281) 341-8681 Recording Fax (281) 341-8669 December 18, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

~~A release order has been issued by the Fort Bend County Commissioners Court for the following:~~

~~BOND# 81060704 $112,50000~~

~~SUBDIVISION Blssormet Street At Richmond Games Road Street DedicatIOn~~

~~PRINCIPAL Sloco, Inc.~~

~~SURETY Federal Insurance Company~~

~~RELEASE TO James R Moore First General Realty Inc /Sloco, Inc 1300 Post Oak Blvd, SUite 230 Houston, Texas 77056~~

InformatIOn on the Issuance and release of this secunty are on file at the Fort Bend County Clerk's Office Inqumes should be addressed to Dlarme Wilson, Fort Bend County Clerk, 301 Jackson, Richmond, Texas 77469-3108 or call 281-341-8653

~~~ Ahcla Yeoman County Clerk's Office~~

~~cc: Mary Jane Sowa, Fort Bend County Engmeenng COUNTYATrORNEY Fort Bend COWIlY, Texas~~

~~BEN W "Bud" CHILDERS (281) ~41·4S~S C"unty Attorn"y Fax (281) 341-4551~~

~~TO' Gene Freund Engineering~~

~~FROM: James Stavlnoha ); FIfst A$Slstant~~

~~Ot\TE: 11130/00~~

~~SUBJECT: Spur 529 Lift Station~~

~~The Easement Grant and DedIcation bas been reviewed and is approved as to fonn~~

~~~01 Jackson, Swte621 • RIchmond, Texas 77469·3108~~

~~W'd £v:ST OOOl O£ AON AN11i:J AlNJ JEL:I EASEMENT GRANT AND DEDICATION~~

~~THE STATE OF TEXAS § § KNOW EVERYONE BY THESE PRESENTS COUNTY OF FORT BEND §~~

THAT FORT BEND COUNTY, TEXAS, a body politic and corporate under the laws of the State of Texas, the ("Grantor"), for and In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable cash consideration to Grantor In hand paid by CITY OF ROSENBERG, a body politic located In Fort Bend County, Texas, ('Grantee'), the receipt and sufficiency of which IS hereby acknowledged, has GRANTED, SOLD, AND CONVEYED and by these presents does GRANT, SELL, AND CONVEY unto said Grantee, Its successors and assigns, a permanent and perpetual general easement (the "Easement" across, along, under, and upon that certain tract of land conslsling of 0 0333 acres, being more particularly descnbed in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Easement Property") for the purposes of construction, installation, Inspection, repair, replacement, removal, maintenance, and operation of water and samtary sewer line and other necessary appurtenances In connection therewith (the "Facilities')

Grantee may construct, Instali, maintain, repair, replace, remove, and operate the Facililles, as appropnate, In the Easement Property, and may enter upon the Easement Property to engage In all activities as may be necessary, requIsite, convement, or appropnate In connection therewith Grantee's nghts shall Include, without limitation, the nght to clear and remove trees, growth, shrubbery, and other Improvements from within the Easement Property, and the right to bnng and operate such eqUIpment thereupon as may be necessary or appropnate to effectuate the purpose for which thiS Easement IS granted.

Grantor expressly reserves the nght to the use and enjoyment of the surface of the Easement Property for any and ali purposes, except construction of houses, bUIldings, and structures (other than sidewalks, dnveways, and parking lots), provided that such use will not prevent Grantee from constructing, Installing, maintaining, repamng, replacing, removing, or operating the Facilities therein Grantor reserves ali all, gas, and other minerals In, on, or under the Easement Properly, but waives ali nghts of Ingress and egress for the purpose of explonng, developing, mining, or dnlling for the same, prOVided,however, that nothing In these grants shall prohibit or In any manner restnct the nght of Grantor to develop the premises for 011, gas, and other minerals by directional dnlling from a nearby site

ThIS conveyance IS further made subject to any and ali restnctlons, covenants, easements, nght-of-way, encumbrances, and minerai or royalty reservallons or Interests affecting the Easement Property and appeanng of record In the OffiCial Records of Fort Bend County, Texas, to the extent that said Items and matters are In effect and validly enforceable against the Easement granted herein, prOVided, however, Grantor, to the extent that he or she has the ability to enforce any of said Items or matters, agrees that he or she shali not enforce any of said Items or matters In a manner which would unreasonably prejudice or Interfere with Grantee's nghts In the Easement granted herein

TO HAVE AND TO HOLD, subject to the matters set forth herein, the above-descnbed Easement, together with all and Singular the nghts and appurtenances thereto In anywise belonging, including all necessary nghts of Ingress, egress, and regress, unto said Grantee, ItS successors and assigns, forever Subject to the matters set forth herein, Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND, all and Singular the said Easement and nght-of-way and other nghts descnbed herein unto Grantee, ItS successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. t.CJ't.... \". \;},.CO *'\\.',\' ",C'f \PJi'iLlC WORKRP\UR ;2rt.m- STATION\FBC EASEMENT DOC "'~\:J('f\ ¥J. \-\\'.t~po, EXECUTED this \'d.\'I"Idayof D~200Z)

~~, ,~'\ \', , " ,,~ .' ~ ATTES~~~

~~Dianne Wilson, County Clerk~~

~~ACKNOWLEDGEMENT~~

~~THE STATE OF TEXAS § § COUNTY OF FORT BEND § 'R.c., O~II/~ by-d6lA'le3 ",doII'III:I3, County~~

~~~IQlaF)'Pl:lelie, State of Texas "j>1I''tNNE WIL-~DAJ CtOtlNry C~ .'~~

~~AGREED TO AND ACCEPTED this day of =- ' 2000,by Jeff o Braun, City Manager, City of Rosenberg, Fort Bend County, Texas~~

~~Jeff D Braun City Manager~~

~~After recording, return to Grantee~~

~~Don Meyer Public Works Dlrector/Asst City Manager City of Rosenberg PO Box32 Rosenberg, Texas 77471~~

~~P \PUBLIC WORKS\sPUR $23 LIFT ST ATlON\fBC EASEMENT DOC EXHIBIT "A" CHARLIE KALKOMEY SURVEYING, INC. 1815 MONS AVENUE ROSENBERG, TEXAS 77471 281 342-2033~~

~~CHARLIE KALKOMEY CHARLES A KALKOMEY REGISTERED PROFESSIONAL LAND SURVEYOR REGISTERED PROFESSIONAL LAND SURVEYOR~~

FIELD NOTES FOR A 0 0333 ACRE TRACT OF LAND OUT OF A CERTAIN CALLED 3 621 ACRE TRACT DESCRIBED IN DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 9560017, OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND THAT CERTAIN CALLED 7.1228 ACRE TRACT DESCRIBED IN DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 9631036, OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, IN THE HENRY SCOTT LEAGUE, ABSTRACT 83, CITY OF ROSENBERG, FORT BEND COUNTY, TEXAS, BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITHALLBEARlNGS BEING BASED ON THE SOUTH RIGHT-OF-WAY LINE OF STATE illGHWA Y SPUR 529, SAME BEING THE NORTH LINE OF SAID CALLED 3 621 ACRE TRACT, BEING NORTH 55 DEGREES 22 MINUTES 18 SECONDS EAST (CALLED NORTH 56 DEGREES 19 MINUTES EAST),

BEGINNING at a 1 mch lIon pipe found at the upper northwest comer of said called 3621 acre tract, same bemg the northeast comer of a certam adjOining Marcus V Ortiz, Ir , et ux, tract descnbed m deed recorded m Volume 514, Page 405, Deed Records, Fort Bend County, Texas, for the northwest comer and Place of Beginning of the herem described 0.0333 acre tract,

THENCE North 55 degrees 22 mmutes 18 seconds East (called North 56 degrees 19 mmutes East) along the south nght-of-way Ime of State Highway Spur 529, 23 61 feet (called 23 80 feet) to a Y, inch iron pipe found for the northeast comer of Said called 3 621 acre tract, same bemg the northwest comer of the aforementIOned adJornmg aforementIOned called 7 1228 acre tract,

THENCE North 54 degrees 17 mmutes 36 seconds East (called North 58 degrees 19 mmutes East) contmumg along the south nght-of-way line of State Highway Spur 529, 4906 feet (called 51 64 feet) to a Y,mch rronrod found for the northeast comer of Said called 7 1228 acre tract for the northeast comer of the herem descnbed 0 0333 acre tract, same bemg the northwest comer of the remarnder of that certam called 85 53 acre tract descnbed m deed recorded m Volume 456, Page 315, Deed Records, Fort Bend County, Texas,

THENCE South 00 degrees 55 minutes 22 seconds East (called South 00 degrees 01 rnmute 20 seconds West) along the common hne of Said called 7 1228 acre tract and the aforementIOned adJommg called 85.53 acre tract, 24 35 feet to a pomt for the southeast comer of the herem descnbed tract;

~~THENCE South 54 degrees 17 mmutes 36 seconds West along a hue bemg 20 feet south of and parallel to the south nght-of-way Ime of State Highway Spur 529, 32 08 feet to an angle pomt m Said Ime,~~

THENCE South 55 degrees 22 minutes 18 seconds West contmumg along a Ime being 20 feet south of and parallel to the south nght-of-way Ime of State HIghway Spur 529, 40 36 feet to a point m the common Ime of Said called 3.621 acre tract and the aforementIOned adjoIning Marcus V OrtIZ, Ir, et ux, tract for the southwest comer of the herem descnbed tract, EXHIBIT "A" FIELD NOTES 0.0333 Acre Tract orLand (Cont'd) Page 2

~~THENCE North 00 degrees 56 mmutes 42 seconds West (called North) along sard commonlme, 23.96 feet to the Place of Begmning contammg a 0 0333 acre ofland, more or less~~

~~For reference and further descriptIOn see Survey Plat No 3654-03-FB prepared by the underslgned on same date~~

~~Charles A aIko ey, R.P L.S Texas Regls non Nilml:Iet""~;)Q.. __ ~ June 20, 2000~~

~~Job Number 3654-03-FB~~

~~a 3564·03·FB 72 EXHIBIT "A"~~

~~HENRY~~

CALLED rHO ~ I P B553 AC TONY VOL 456, BECERRA .... U PG 315 0214 AC o R.A.C T " ROW III ....,." ,..,. C C FN095EPJI LL (Proposed 8" Gas Line OPR FeCT Vol 175, Pg 175, ~ D R FB C T or o \. FNO ~/8" I P z c OSCAR T '"-' BECERRA ~ u 0295 AC VOL 2622, PG 897 CALLED 194B9 AC ORFBCT C C F NO 2=:97 CALLED 1100 AC OPRFBCT TR , 0-----..... C C F. NO 2000018693 \.. rNO 5/8111 P OPRFBCT FT fiEND COUIIT 3621 AC / FNO 2"1 P C C FNO 9560017 OPR FflCT

FT BEND COUNTY 35742 AC VOL 1641. PG 766 OR FB C T SURVEY OF A 00333 ACRE TRACT OF LAND our OFA CERTAIN CALLED 3 621 ACRE TRACT DESCRIBED INDEEDRECORDEDIN COUN1YS FIL£NUMBER 9560017 OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, ANDTHAT CERTAIN CALLED 71228 ACRE TRACT DESCRIBED IN DEED RECORDEDINCOUNTY CLERK'S ALE NJMBER 9631036 OFFICIAL PUBLIC RECORDS,FORTBEND COUNTY,TEXAS IN THE HENRY SCOTT LEAGUE, ABSlRACT 83 CITY OF ROSENBERG FORT BEND COUNTY,TEXAS For reference llind(uflhcr dcscllptlOrl. see melcs And bounds dcscnpllon. Job No 3654-03FB . prepared SCALE I'" 100' by Charlie Kalkomc)' Surveying. loe on same dale:

I hereby cerll(Y Ihat IIl1s survey was made on Ihe ground under my superVISion, and Ihat lIus plat correell)' rcprcscnl'Slhe (aels feund Dllhe lime of lhe survey Dnd Ihat fillS pro(csslonal ser....icc subslanllally comphcs Wllh the current Texas: Society or rrofcJsional Surveyors Siandards SpeCI(lcllllons (or a Ca y 2 CondllJo urvcy

Charl~S A ~ ale 6-20-2000 CHARLIE: KAlKOMeY SURveYING. fl15 UON5 AIo(NIJ[ Registered rofesslonal Land Surveyor ROSOtIOtC TrUS n.'1 Job No 3654-D:3FB tUl) )U~:ao:u Texas Reglstrallon No 2506 RELEASE AUTHORXZATXON

~~THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OF COMMISSIONERS COURT:~~

~~check one or more documents per proJect~~

~~BOND~~

~~# 131080 $ 69,450.00~~

~~Name: $=Front1er Ins. Co. P=Westbrook Greatwood L.P.~~

~~RIDER TO BOND #_------$------Name:~~

~~LETTER OF CREDIT~~

~~#_------$------Name : _~~

~~OTHER #_------$------Name:~~

~~CONSTRUCTION PROJECT (Name or location): GREATWOOD FAXRVXEW, SECTXON 1~~

~~RELEASE DOCUMENT(S) TO THE FOLLOWING:~~

~~Name: Ms. Roxanna We1shuhn, Terrabrook Address: 4025 S. Mason Rd.~~

~~AGREE::"'''.'e "'p, ,,"ev, Te=e ~~ J:l~~

~~2~ ~~u.J~ COMMISSIONER, PRECINCT #~l,,----_ F~RTBEND COUNTYENGWtER~~

~~COURT DATE 0 BY: Deputy~~

~~I \Wp~~

~~D Jesse Hegenuer County EngIneer December 6, 2000~~

~~Comrrussioner R. L "Bud" 0'Shleles Fort Bend County Precmct 1 POBox 762 Richmond, Texas 77406-0762~~

~~RE: Greatwood Fairview, Section 1 REVISED REVISED~~

~~Dear ComrrusslOner:~~

~~A fmal mspectlOn of the roads for the above referenced subdivIsion was made, and all of the deficiencies have been corrected The streets, along with their footage lengths; are as follows~~

~~Twmmg TraIl Lane 916.05 LF Bent TraIl Court 23055 LF Leaf Spnngs Court 7500 LF TOTAL 1,22160LF~~

~~The current bond IS# 131080 m the amount of $ 69,450 00 Release bond to. Mr Roxanna Welshuhn Terrabrook 4025 S Mason Rd Katy, Texas 77450~~

~~If you should have any questIOns or need adchtlOnal mformatlOn please feel free to call~~

~~Smcerely,~~

~~~~~~.L.S. ASSistant to County Engmeer~~

~~MGF/mJs~~

cC' Mr CurtiS Villarreal, Turner Collie & Braden, Inc Mr LoUISEvans, Westbrook Greatwood, L.P. Mr Scott Greene, Durwood Greene ConstructIOn Co Mr Mike Kruszynski, City of Sugar Land Engmeenng Mr. Darby Harnngton, FBC Road & Bndge File

~~POBox 1449 • 1124 Blume Road· Rosenberg, Texas 77471 • (281) 342-3039 • Fax (281) 342-7366 I \WPDATA\LETTERS\OEV\98136110_Ml wt>d FORT BEND COUNTY CLERK~~

301 Jackson St, RIchmond, TX 77469-3108 (MaIO) 303 Texas Parkway,Mlssoun CIty, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON www co fort-bend IX us Admm Fax (281) 341-8697 COUNTY CLERK CIVIlFax (281) 341-4520 Cnnunal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 18, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

~~A release order has been issued by the Fort Bend County Commissioners Court for the following:~~

~~BOND# 131080 $69,45000~~

~~SUBDIVISION Greatwood FairvIew SectIon 1~~

~~PRINCIPAL Westbrook Greatwood, L P~~

~~SURETY Frontier Insurance Company~~

~~RELEASE TO Ms Roxanna Welshuhn Terrabrook 4025 S Mason Rd. Katy, Texas 77450~~

Information on the Issuance and release of thIS securIty are on file at the Fort Bend County Clerk's Office. Inqumes should be addressed to Dianne WIlson, Fort Bend County Clerk, 301 Jackson, RJchmond, Texas 77469-3108 or call 281-341-8653

~~cc. Mary Jane Sowa, Fort Bend County Engmeenng RELEASE AUTHORIZATION~~

~~THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OF COMMISSIONERS COURT:~~

~~check one or more documents per project~~

~~BOND~~

~~# 131082 $ 345,300.00~~

~~Name: S-Frontier Ins. Co. P=Westbrook Greatwood L.P.~~

~~RIDER TO BOND #_------$------Name:~~

~~LETTER OF CREDIT #_------$------Name : _~~

~~OTHER #_------$------Name:~~

~~CONSTRUCTION PROJECT (Name or location): GREATWooD BROOKS MILL, SECTION 1~~

~~RELEASE DOCUMENT(S) TO THE FOLLOWING:~~

~~Name: Ms. Roxanna We~shuhn, Terrabrook Address: 4025 S. Mason Rd. City/State/zip: Kat Texas 774~~

~~AGREED:~~

~~1 ~~ t".....FORT BEND ~R~~

~~~~~~TO~'~~~

~~Deputy County Clerk FORT BEND COUNTY ENGINEERING Port Bend County, Texas~~

~~D Jesse Hegermer County Engmeer December 6, 2000~~

~~CommISSIOnerR. L "Bud" O'Shleles Fort Bend County Precmct 1 P,O Box 762 RIchmond, Texas 77406-0762~~

~~RE: Greatwood Brooks Mill, Section 1 REVISED REVISED~~

~~Dear CommIssIOner~~

~~A final mspectlOn of the roads for the above referenced subdIvIsIOnwas made, and all of the deficIencIes have been corrected. The streets, along WlththelTfootage lengths; are as follows;~~

BIg Bend Dnve 1,202.83 LF Old TraIl Court 168.87 LF Cross TraIl Dnve 11956LF Shady Bend Dnve 1,04982 LF Cross Valley Dnve 817 88 LF Shady Valley Dnve 488.00LF Green Valley Dnve 1,00502 LF Wmdmg Brook East Dnve 1.55447 LF TOTAL 6,40645 LF

~~The current bond IS# 131082 m the amount of $ 345,300.00 Release bond to Mr. Roxanna Welshuhn Terrabrook 4025 S Mason Rd Katy, Texas 77450~~

~~If you should have any questIOns or need addItional mformatlOn please feel free to call~~

~~Smcerely,~~

~~~*'-L ~~u ••n M. Gene Freunt'tE., R.p:~ ASSIstantto County Engmeer~~

~~MGF/mjs~~

cC' Mr. CUrtls VIllarreal, Turner CollIe & Braden, Inc. Mr. LoUISEvans, Westbrook Greatwood, L.P. Mr Scott Greene, Durwood Greene Construction Co Mr MIke KruszynskI, CIty of Sugar Land Engmeering Mr Darby Harnngton, FEC Road & Bridge FIle

~~POBox 1449 • 1124 Blume Road Rosenberg. Texas 77471 • (281) 342·3039 • Pa< (281) 342·7366 I \WPDA1'A\l,E'!1'ERS\DEV\9B124120_dOl "pd FORT BEND COUNTY CLERK~~

301 Jackson St, Richmond, TX 77469-3108 (Mam) 303 Texas Parkway, Mlssoun City, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON wwwcofort-bendlX us Adnun Fax (281) 341-8697 COUNTY CLERK CIVIlFax (281) 341-4520 Cnnunal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 18, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

~~A release order has been issued by the Fort Bend County Commissioners Court for the following:~~

~~BOND# 131082 $345,30000~~

~~SUBDIVISION Greatwood Brooks Mill SectIOn I~~

~~PRINCIPAL Westbrook Greatwood, L P~~

~~SURETY Frontier Insurance Company~~

~~RELEASE TO Ms Roxanna Welshuhn Terrabrook 4025 S Mason Rd Katy, Texas 77450~~

InformatIOn on the Issuance and release of this secunty are on file at the Fort Bend County Clerk's Office Inqumes should be addressed to Dianne Wilson, Fort Bend County Clerk, 301 Jackson, Richmond, Texas 77469-3108 or call 281-341-8653

~~~ s "'-" y...... _~~~

~~County Clerk's Office~~

~~cc: Mary Jane Sowa, Fort Bend County Engmeenng~~

~~--, RELEASE AUTHORXZATXON~~

~~THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OF COMMISSIONERS COURT:~~

~~check one or more documents per project~~

~~BOND~~

~~# 131078 $ 319,000.00~~

~~Name: S-Frontier Ins. Co. P-Westbrook Greatwood L.P.~~

~~RIDER TO BOND~~

~~#_------$------Name:~~

~~LETTER OF CREDIT~~

~~#_------$------Name : _~~

~~OTHER~~

~~#_------$------Name:~~

~~CONSTRUCTION PROJECT (Name or location): GREATWOOD STONEBRXDGE, SECTXON 1~~

~~RELEASE DOCUMENT(S) TO THE FOLLOWING:~~

~~Name: Ms. Roxanna Weishuhn, Terrabrook Address: 4025 S. Mason Rd. City/State/Zip: Katy, Texas 77450 = AGREED: ~/~ 1)(JJ1fJ; ~O~ ~ ({.h/2_i: .IL ~IONER,~T #~1~_ fv,:C;RT BEND ~~~~

~~COURT ARPIlO' DATE OF BY: __ J.J>~II~~

~~I \WpOlI\.lI\PROCED\DEV\rele~fnn_dOl wpd FORT BEND COUNTY ENGINEERING Fort Bend County, Texas~~

~~D Jesse Hegemier County Engineer~~

~~December 6, 2000~~

~~COIIlffilssionerR. L. "Bud" O'Shieles Fort Bend County Precinct 1 P.O. Box 762 RIchmond, Texas 77406-0762~~

~~RE: Greatwood Stonebridge, Section 1 REVISED REVISED~~

~~Dear CommissIOner~~

~~A final inspectIOn of the roads for the above referenced subdiVISionwas made, and all of the defiCiencies have been corrected The streets, along Withtherr footage lengths; are as follows~~

Wmdmg Brook West Dnve 393.48 LF BIg Bend Dnve 53613 LF Summer Terrace Dnve 72934LF HIdden Terrace Dnve 1,426.96 LF QUIetTerrace Dnve 240.00LF Cross TraIl Dnve 58558 LF Terrace View Dnve 83040 LF High Terrace Dnve 13033 LF Summer Forest Dnve 927.72 LF TOTAL 5,799.94 LF

~~The current bond IS# 131078 m the amount of$ 319.000.00 . Release bond to Mr. Roxanna Welshuhn Terrabrook 4025 S Mason Rd. Katy, Texas 77450~~

~~If you should have any questIOns or need additIOnal mformatton please feel free to call. ZL& M. Gene Freund, P E., R P L S ASSistantto County Engmeer~~

~~MGF/mjs~~

cc: Mr. CurtIS Villarreal, Turner Colhe & Braden, Inc Mr. LoUISEvans, Westbrook Greatwood, L.P Mr. Scott Greene, Durwood Greene ConstructIOn Co Mr. MIke KruszynskI, CIty of Sugar Land Engmeenng Mr. Darby Harrington, FBC Road & Bndge File

~~P a Box 1449 • 1124 Blume Road· Rosenberg, Texas 77471 • (281) 342-3039 • Fax (281) 342-7366 I \WPDA't'1\\L~E:RS\DE:V\9l!l00120_dOl \oVd FORT BEND COUNTY CLERK~~

301 Jackson St, Richmond, TX 77469-3108 (Mam) 303 Texas Parkway, Mlssoun City, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON wwwcofort-bend Ix us Admm Fax (281) 341-8697 COUNTY CLERK Cml Fax (281) 341-4520 Cnmmal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 18, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

~~A release order has been issued by the Fort Bend County Commissioners Court for the following:~~

~~BOND# 131078 $319,00000~~

~~SUBDIVISION Greatwood Stonebndge SectIOn I~~

~~PRINCIPAL Westbrook Greatwood, L P~~

~~SURETY Frontier Insurance Company~~

~~RELEASE TO Ms. Roxanna Welshuhn Terrabrook 4025 S Mason Rd Katy, Texas 77450~~

Information on the Issuance and release of thiS secunty are on file at the Fort Bend County Clerk's Office. Inqumes should be addressed to Dlarme Wilson, Fort Bend County Clerk, 30 I Jackson, Richmond, Texas 77469-3108 or call 281-341-8653

cc Mary Jane Sowa, Fort Bend County Engmeenng , 20..,0""0'--__ , before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of lM!\;(' 0 &01l\S tl9A ~ \.ol!lMN\ • Job Location :--~'r-~~~~..il?~!I\L-_------Dated lJ-Lj -00 Bond No !fX.l/671./(P').. , Permit No 3'~3~'i to make use of certain Fort Bend County property subject to, "A Revised Order Regulating the Laying, Construction, Mamtenance, and RepaIr of BUried Cables, Conduits and 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 the Commissioners Court of Fort Bend County, Texas, dated the 3rd day of August, 1987, recorded in Volume of the Minutes of the Commissioners Court of Fort Bend County, Texas, to the extent that such order is not mconslstent wIth Article l436a, Vernon's Texas Civil Statues. UNn Motion of CommissIOner ~) , seconded by commlsslOner~, duly put and carned, It is 0 RED, ADJUDGED AND DECREED that said notice of said above purpose IShereby acknowledged by the CommissIOners Court of Fort Bend County, Texas, and that said notice be placed on record accordmg to the regulation order thereof Notes. 1 Evidence of review by the CommissIoners Court must be kept on the Jobslte and failure to do so constitutes grounds for Job shutdown

~~2. Written notices are required. a) 48 hours m advance of construction start up, and b) When constructIOn IScompleted and ready for final mspectlOn~~

~~Mail notices to: Permit Administrator Fort Bend County Engineering POBox 1449 Rosenberg, Texas 77471-1449 281/342-3039~~

~~3. This permit expires one (1) year from date of permit if construction has not commenced~~

~~By {k4d~ Presented to Commissioners Court ~ County Engineer and approved. Recorded In Volume _ By ,,,Ie.. Mmutes of Commissioners Court. DraInage District Engmeer/Manager~~

~~By -...:>...J.~..c.w.-f"" ~'-'--Jo:...:...::....u Deputy~~

~~ReVised12/22/99~~

~~I IWI'OA.T ...·\ FTTFR<;\PFflMIT\C('Pt A RFV COUNTY OF FORT BEND Engmeermg Department POBox 1449 Johnny Ortega 1124 Blume Rd Rosenberg, TX 77471-1449 PermIt AdmInIstrator Phone (281)342-3039~~

~~PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY~~

~~PERMIT NO GG23:JS~~

The followmg "Notice of Proposed Cable, CondUit, and/or Pole Lme activity m Fort Bend County" and accompanymg attachments have been reviewed and the notice conforms to appropnate regulatIOns set by CommissIOners' Court of Fort Bend County, Texas

~~(I) Complete ApplicatIOn Form __ /__ a Name of road, street, and/or dramage ditch affected ___ /~_ b Vlclruty map showmg course of directIOn _--,/__ c Plans and specificatIOns~~

___ LL_ (2) Bond Dlstnct Attorney, approval when apphcable ___ /__ Perpetual bond currently posted No EX4S7t/(g;;) Amount .5'0,000, ____ Performance bond submitted No _ Amount _ ____ Cashier's Check No Amount _

~~(3) Verbal permiSSIOn gIVen for emergencies, to start constructIOn before approved in CommissIOners' Court~~

~~Precinct Engineer Acknowledgement Date~~

~~Precmct CommissIOner Acknowledgement Date~~

~~(4) Drainage Distnct Approval when applicable~~

~~We have reviewed thiS project and agree it meets mlmmum reqUirements~~

~~J~dmuu'tr"m ~~ "\,,~~

~~I \WPDATA\PROCEDIPERMIl\PERAPPRE 1'01 app-"t~~

~~Back to Engineenng Department Home Page~~

~~NOTICE OF PROPOSED CABLE, CONDUIT ANDIOR POLE LINE ACTIVITY IN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES~~

~~IN FORT BEND COUNTY~~

~~APPLICANT'S JOB NO.;:-::- -=-== PERMIT NO. 'bd-~?'il PCT No~3,-----_ BOND NO. EX- 4~74-b"Z..~~

Formal notice is hereby given that FOr+- 6e.1d ~rnt.J'1Icah·CV1:S proposes to lay, construct, maintam 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

~~In, Under, or Across Roads and/or Dramage Ditches~~

~~Road or Distance & Dlrecllon From Length of Type of Construcllon Ditch Name Nearest Intersection Crossmg Bored Jacked Dnven Cased~~

~~Along Roads and/or Dramage Ditches~~

~~Road or Distance & Direction From To Distance Ditch Name Nearest Intersection~~

~~General Description~~

~~Place r<. olq', 40' IUV/.j evlver+ I~ drfcl... ~r c.. dn've~~

~~+tleu;...J4< VjI/' CA.h'SWS ~cd rry~~

The location and description of the proposed mstallatlon and appurtenances IS more fUlly shown on the attached detail drSWIngs The laymg, construcllon, mamtenance and/or repair of the proposed mstallatlon shall be subject to "A ReVised order Regulatmg the Laymg, Construction, mamtenance 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

~~Wntlen notices are reqUired 1) 48 hours m advance of start of construction and 2) when construction IS complete and ready for fmal Inspection~~

~~Mall To Permit Administrator, Fort Bend County Englneenng POBox 1449, Rosenberg, Texas 77471 dpp.:. t'age l. ot .:. Violation of requirements shall constitute grounds for Job shut down~~

~~Company Name ;::Off &",cd ~Mu;1ICAj-/M-S Agent and/01~~~

~~(Slg ure) Name & TItle(};\2. DO "-l J. H0 IZt-J to. lL (Please pnnt)~~

~~Date \ 1-30 -00~~

~~Address 5'-1c:Jb E ctST 5t1. 5fre~f (StreetlP a Box) kat; TX 77L1'93~~

~~Rev 4/8/91 /0~~

~~,0" Z • " "> "« :l.--"'~"1tV/,~•~~

N l ~-'-'KATY .~ .1.J.~ If .~...J•..J.c.. •• ' ••\, U k\..L. ; CEN1ERUNEOf" ROAD (60' R.O.W.) N 44'57'00" E - 3,333.63' ~.100> I 1,023.68' '-FHD 1/2'" {g~~ ~:1 HAROLD MAXWELL z .:go"'" io-f REMAINDER OF 25.4205 ACRES l"~; .;:).o.B./ (F.B.C.C.F. NO. 9872746) / z 00 5/8" II I I I FHD5/8· IR / FHD5/8'" pp W/CAP WICAP 0.00' L1 4' BARBED 'MRE CE WI CAP"", I V P.O.C. SET&/8. II N 45"04'05" E - 249.26' '-_-I-...A-_W,-I _CAP_ r-----:-:U7':N""E-i:-.A:":S:-:-L""E-----. 45'04'05" E -' 50.00' LINE BEARING N L1 45"04'05"' ~ I l2 S 44"55'55" f I l3 S 45"04'05" W ~ l4 N 4 "55'5 " W I REMOTE TERMINAL SITE r;;j I <~.~~ SQ. ~T.)

pp ~: ~(!»LV£R.-T / Z p, ::J AQUASOURCE DEVELOPMENT COMPANY O ,1==.--=- ~i! G~ 2.7242 ACRES E-t '- (F.B.C.C.F. NO. 1999086601) 001'o ~ 20' - / OrO<~ ~ ~~I'"~ / J~> re ~ ~I 31'0: / Il..",<1 I I &'$.41' >-'1 ~ ~ ~ I ~ / }~~!\iJ' E-t Cl' ~ BI ~ / ~....!. ~ I = J If-I.. _--J~~ I ~ I /

~~~FHD 1/2'IP / I. WI eM' v: N 00"02'19" W __ 00 1/2· I!' 42.51' I WICAP Ja s . Tucker R ered Professional land Surveyor EXHIBIT OF A 3,600 SQ. FT. REMOTE TERMINAL State of Texas Na. 5202 SITE IN THE GEORGE W, CARTWRIGHT SURVEY, ABSTRACT NO. 149, TEXAS ENGINEERING AND MAPPING FORT BEND COUNTY, TEXAS 12810 CENTURY DRIVE _ JOB NO. 396-1 STAFFORD, TEXAS 77477 EXHIBrrB PHONE, 28J ••9J.2525 FAX,281••9J.2535 DA1E:06/26/2000 ,l ·January 20. 2000 AS PER ORIGINAL Remote Terminal Site _ 3,600 squarefeelofland in the George W; Cartwright Survey, AbstrtiCf'1Jo.149, Fort Bend County, Texas

A FIELD NOTE DESCRIPTION 00.600 square feet ofland in the George W. Cartwright Survey. Abstract No 149. Fort Bend County. Texas; said 3.600 square foot tract ofland being out ofa 27242 acre tract ofland conveyed to Aquasource Development Company as recorded under Fort Bend County Clerk's File No. 199908660 I and being more particularly described by metes and bounds as follows with the bearings being based on the northwesterly line of said 2.7242 acre tract. the bearing being North-45° 04' OS" East:

COMMENCING FOR REFERENCE at a point in the centerline ofKaty-Gaston Road (60 feet wide) for the westerly corner of said 2.7242 acre tract, from which the point-of-intersection of the centerlige of said Katy-Gaston Road with the centerline ofKaty-Flewellen Road (60 feet wide) bears North 44°55' 55" West - 1.383.69 feet.

~~THENCE. North 450 04' 05" East with the northwesterly line of said 2.7242 acre tract and with the southeasterly line of the remainder of a 25.4205 acre tract ofland conveyed to Harold :t.~~

THENCE. North 45004' OS"East - 60.00 feet with the northwesterly line of said 2.7242 acre tract and with the southeasterly line of the remainder of said 25 4205 acre tract to a %-inch iron rod with cap set for the northerly corner of this tract;

~~THENCE. South 44° 55' 55" East - 60 00 feet to a %-inch iron rod with cap set for the easterly corner of this tract.~~

~~THENCE. South 45· 04' 05" West - 60.00 feet to a Ok-inchiron rod with cap set in the proposed northeasterly right-of-way line of said Katy-Gaston Road for the southerly corner of this tract;~~

~~THENCE. North 44055' 55" West - 60.00 feet with the proposed northeasterly right-of-way line of said Katy-Gaston Road to the POINT OF BEGINNING and containing 3.600 square feet ofland~~

~~COMPILED By.~~

TExAs ENGINBERlNG AND MAPPING Civil Engineers - Land Surveyors • Stafford. Texas Registered Professional Land Surveyor Job No. 396-1 State of Texas No. 5202 REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT

On this Id-. day of De"'Uk'''W ,20 00 , before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of ~~(';\ 0.. ~ G-t..~ ~o.roJ-iotL.V\'- _ Job LocatIOn ----1?:>><:

~~2. Written notices are reqUIred. a) 48 hours m advance of constructIOn start up, and b) When construction is completed and ready for final inspectIOn~~

~~Mall notices to Permit Admimstrator Fort Bend County Engmeering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039~~

~~3. ThiS permit expIres one (I) year from date of permit If construction has not commenced.~~

By ---"'-='-"--~~_--=..:...-=-=~~ _ Presented to CommissIOners Court COUIltYEIliIneer~1k~e< and approved . .c..-r- Recorded in Volume _ By N JAr Mmutes of Commissioners Court. Dramage District Engineer/Manager

~~Clerk 0~~

~~By _Wu.u.~ro~~ Deputy~~

~~ReVised12/22/99~~

~~I IWPOATA\( ETTER<;\PFRMlT\cCPI A RFV COUNTY OF FORT BEND Engmeenng Department P.O Box 1449 Johnny Ortega 1124 Blume Rd Rosenberg, TIC 77471-1449 PermIt Admmlslrator Phone (281)342-3039~~

~~PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEN~ CP~~7 U(j~~,-,' PERMIT NO.~~

The followmg "Notice of Proposed Cable, CondUit, and/or Pole Line actiVIty In Fort Bend COUllty" and accompanymg attachments have been reVIewed and the notice conforms to appropnate regulatIOns set by CommIssIOners' Court of Fort Bend COUllty,Texas

~~___ ,-__ (1) Complete ApplicatIOn Form ___ ...-__ a Name of road, street, and/or dramage dItch affected ___ / __ b VIcImty map shOWIngcourse of dIrectIOn _--=/__ c Plans and specIficatIOns~~

___ ...../::....(2) Bond Dlstnct Attorney, approval when applicable ___ /0-_ Perpetual bond currently posted. No ....Gll S;,5r900-oj-ooACm Amount 50.DaQ ____ Performance bond submItted. No _ AmOUllt _ ____ CashIer's Check No AmoUllt _

~~(3) Verbal permIssion given for emergencIes, to start constructIOn before approved In CommissIOners' Court~~

~~PrecInct Engmeer Acknowledgement Date~~

~~Precinct CommissIOner Acknowledgement Date~~

~~(4) Drainage District Approval when applIcable.~~

~~We have reVIewed thIs project and agree It meets mIllimum reqUirements~~

~~JO~AdmW'tr~m ~~~

~~I \WPDATA\PROCED\P!:'.RMlT\PERAPPRE POI 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~~

~~APPLICANT'S JOB NO -,--. _ PERMIT No '$;;1 ~ ;'\ PCT No L BOND No (p\ ~9SCooo-,*'"'Ol> t>-,}atI~--~~

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

~~In, Under, or Across Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From Length of Type of Construction Ditch Name Nearest Intersection Crossing Bored Jacked Driven Cased~~

~~Along Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From To Distance Ditch Name Nearest Intersection .-f'AI')i&>x, /,:~/ ,c".(!~ /lnsc~"aP 4>..... &M::€A:-t!&t'<-t«4r <0-'4~~

~~General Descnplion 4#7 &' Sbt!lr4=£ c3'::>""c!H4P4t<'Z/ d""~X, ~"a;)L4"R.gIr.# S?H"'~~ A!KIE:«<' AV/7/Y hr4FA:!6'V'eL <:7& 7 $A'W4~~

The Location and descnptlon 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 Junsdlctlon 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

~~Wntten notices are required 1) 48 hours In advance of start of construction and 2) when construction IS complete and ready for final inspection~~

~~Mall to Permit Administrator/Fort Bend County Engineering POBox 1449, Rosenberg, TX 77471~~

~~Violation of requirements shall constitute grounds for Job shut down~~

~~(Signature)~~

~~NAME & TITLE ,srd(#t!Z ~J!i te;tL'J #~r (Please Print)~~

~~DATE LA -1-.?'tP~~

~~ADDRESS ::s.r 7' M/1Tt:WMHQ (StreetlP 0 Box)~~

~~A94!U ~~ 778"6 City State Zip~~

~~TELEPHONE NO. 8'::><2 - ~~ - ,{/,'f' 50' (accessible 24 hrs/day, 7 dayslweek)~~

~~I \wPDAT AIJ'ROCEDIJ'ERMllINOTICE ROW , -- REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT~~

On this --kl- day of "buJW '20 0 a ,before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of b.cit>.. Nok LVJ GtJ..S Co...yo 'CJ:z~:b~I1Q.... _ Job Location ~o~cJ~;L.- _ Dated J:;). q -bE> Bond No -GJ 8'65000 -Qi-OoIl>~n1 ,Permit No. $~Bal'o to make use of certam Fort Bend County property subject to, "A Revised Order Regulating the Laying, ConstructIOn, Mamtenance, and Repair of Buried Cables, Conduits and 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 the Commissioners Court of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recorded m Volume of the Minutes of the Commissioners Court of Fort Bend County, Texas, to the extent that such order IS not inconsistent with Article 1436a, Vernon's Texas Civil Statues U of CommissIOner ~ , seconded by Commissioner , duly put and earned, ItlSO\&RED, ADJUDGED AND DECREED that said notice of said above purpose IShereby acknowledged by the Commissioners Court of Fort Bend County, Texas, and that said notice be placed on record accordmg to the regulation order thereof Notes 1. EVidence of review by the CommissIOners Court must be kept on the Jobslte and failure to do so constitutes grounds for job shutdown

~~2. Written notices are required: a) 48 hours in advance of constructIOn start up, and b) When constructIOn IScompleted and ready for final mspectlOn~~

~~Mail notices to Permit Administrator Fort Bend County Engineenng P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039~~

~~3 This permit expires one (1) year from date of permit if constructIOn has not commenced~~

~~By ~ ~ .J""'.\= _ Presented to Commissioners Court ~County Engl~~ and approved. Recorded m Volume _ By 1\.1 ((~ Minutes of Commissioners Court. Dramage District Engineer/Manager :~~k~ Deputy~~

~~ReVised 12/22/99~~

~~r IWPOATA\1 FTIFRS\P[RMITl("'rPI A RFV COUNTY OF FORT BEND Engmeermg Department POBox 1449 Johnny Ortega 1124 Blume Rd Rosenberg, TX 77471-1449 PermIt AdmInIStrator Phone (281)342-3039~~

~~PERMIT APPLICA nON REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY IJr'9~"'6w...~~

~~/' (1) Complete ApplicatIOn Form /" a Name of road, street, and/or draInage ditch affected __ 7-,-_ b Vlclmty map showmg course of directIOn /' c Plans and specificatIOns~~

__ -0<-/_ (2) Bond ./ District Attorney, approval when applicable __ /,--_ Perpetual bond currently posted No .Co.15~5~OO-%'~ool6c..JYl Amount 50,oot>· ____ Performance bond submitted No Amount _ ____ Cashier's Check. No _ Amount _

~~(3) Verbal permissIOn given for emergencies, to start constructIOn before approved m CommissIOners' Court~~

~~Precmct Engmeer Acknowledgement Date~~

~~Precinct Commissioner Acknowledgement Date~~

~~(4) Drainage District Approval when applicable~~

~~We have reViewed thiS project and agree it meets mmlmum requirements.~~

~~~ imstrator Date~~

~~I \WPDATAIPROCEDIPEAAllT\PERAPPRE POI 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~~

~~APPLICANTS JOB NO (2 Z'9 I Z~ I PERMIT No ~~ PCT No ~ BONDNo! ftr·f2'lf~~I7.ee~~

~~Formal notice IS hereby given that A1/.!N~~

~~In, Under, or Across Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From Length of Type of Construction Ditch Name Nearest Intersection Crossing Bored Jacked Driven Cased ;j7' Ih"$«4P~tP"'" ...,Aii2Vf.~~

~~Along Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From To Distance Ditch Name Nearest Intersection~~

~~• 8~s~~

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

~~Written notices are reqUired 1) 48 hours In advance of start of construction and 2) when construction IS complete and ready for final inspection~~

~~Mall to Permit Administrator/Fort Bend County Engineering POBox 1449, Rosenberg, TX 77471~~

~~Violation of reqUirements shall constitute grounds for Job shut down~~

~~COMPANY NAME #&fi:VA'.U1f??(t'4IfSAtS ;t;"~M AGENT and/or OWNER ~4f,;Y/ (Signature)~~

~~NAME & TITLE 6~~ #'flf/d~ (Please Print)~~

~~DATE //-.;U!!? -~G>~~

~~ADDRESS .J,:{. 26.dL/ Z7..-y)~ (StreetlP 0 Box)~~

~~City' State Zip~~

~~TELEPHONE NO /-84:::>-~/tt -~/Sf' (accessible 24 hrs/day, 7 days/week)~~

~~I \WPDA TA\PROCEDIPERMI1\NOTlCE ROW~~

~~-- , ..------,._--,. ---'" ._.._. -- - -_..., ----.-'-_., ( ,i~~

~~x PROPOSED PIPELINE i I I I x I I I I I x I I I , x I I I I , x I I ,I x I I I I , x I I I I , I I PLAN~~

~~100 -=- -=- 100 - - - - 95 -- -- 95 - -= - - - - 90 -- --=- 90~~

~~PROFILE ELEV, ARE ASSUMED~~

~~PLAN ~ PROFILE SHO'v/ING TYPICAL ACACIA NATURAL GAS CORP, PIPELINE ROAD CROSSING~~

~~FORT BEND COUNTY, TEXAS e,e, , ' , , , /,~~

~~I' / "- '> < /,- · REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT~~

~~On this ~ day of be.c.~\'w ,20 00 ,before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of -.ffi~'jo.. tel!l.skJti.!l!I\ ~vp~. _ Job Location \In'2S~~

Dated \a- ~1.\ ~ Qb ~"""''''~Bmtd No. ~:wz.,~:D.=G.L , Permit No. JS'J:?>'29 to make use of certain Fort Bend County property subject to, "A Revised Order Regulating the LaYing, Construction, Maintenance, and Repair of Buried Cables, CondUits and 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 the CommiSSIOnersCourt of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recorded in Volume of the Minutes of the CommiSSIOners Court of Fort Bend County, Texas, to the extent that such order IS not

~~inconSistent with Art' e 1436a, Vernon's Texas ClVlI Statues. ~~ tMo::f~~

CommiSSIOner -_...i.:L.!I-JU~.Ali.J--' seconded by CommiSSIOner~, D, ADJUDGED AND DECREED that said notice of said above purpose IShereby acknowledged by the Commissioners Court of Fort Bend County, Texas, and that said notice be placed on record accordmg to the regulatIOn order thereof Notes. 1. EVidence of review by the CommiSSIOners Court must be kept on the jobslte and failure to do so constitutes grounds for Job shutdown.

~~2 Written notices are required: a) 48 hours in advance of constructIOn start up, and b) When constructIOn is completed and ready for final inspection~~

~~Mail notices to Permit Admimstrator Fort Bend County Engineering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039~~

~~3 This permit expires one (1) year from date of permit If constructIOn has not commenced.~~

~~By Presented to Commissioners Court co~e@dt...:Wo",--,--'7;';=~--- and approved. tv Recorded in Volume _ By _ Minutes of Commissioners Court. Drainage District EngineerlManager~~

~~By _ill~~IDJ~::::: Deputy~~

~~Revised 12/22/99~~

~~1 \WPllATAI\ ETTFR'\\PFRMln(TPl A RFV "************ ************oec 1,~~

~~PAY Fort Bend County TO THE ORDER OF L fssl18d By Integratec:l Payment Systems lnc , Englewood, Colorado Wells Fargo Bank Ltd N A Los Angeles, CA~~

IIlaoooooooooll" I: ~2 20:l? ~? ~I:a 0 2q? I;,:l 1,1,1;, 21,I,Q 5 Sil" lll J I +1#1.' It i-!"".mi.' ili@i!lli@'+' Ii i.,i.:I"'im1IiiIM# ...... ii!n....ili.I .. 1'ii;! ,....,•• , W'€ I",... *,,'4- .•1'... i !it! ... @ ...... ii_ .... :... I>Vi ••·I..... I' .u'i:li·@ii"'ii"""jl.'.:li • • '. FORT BEND COUNTY CLERK

301 Jackson St., Richmond, TX 77469-3108 (281) 341-8685. Fax (281) 341-8697· Fax (281) 341-4520 Fax (281) 341-8681 • Fax (281) 341-8669 DIANNE wn..sON COUNTY CLERK LOGIC FAX COVER SHEET FOR DE POS IT S

~~DATE. DECEMBER19, 2000~~

~~TO: LOGIC~~

~~FROM: FORT BEND COUNTY CLERK~~

~~FAX NO.: xAN. iiWiiG (281) 341 868]~~

~~NUMBER OF PAGES. 1 (INCLUDING COVER SHEED~~

~~MESSAGE. THIS IS TO REOUEST THE ACH DEPOS!TIS) AS FOLLOWS:~~

~~CAUSE# ACCOUNT NAME AMOUNT PERMIT #82339 MEGA CONSTRUCTIONCORP. $4,000.00~~

~~IF YOU DO NOT RECEIVE THE COMPLETE MESSAGE, PLEASE CALL:~~

~~NAME: ALICIA YEOMANS PHONE NO.: _--"-==<-,,::,:,,,:,,=,-==_(281) 341-8653~~

~~CONF!RL%\ TION NUMBER \\ 'd~tti:D'1~ DATE \ a.l~DO ATTN: BUDDY. ALREADY DONE ON THE INTERNET Account Information hUps //www logic org/securcd/trans &account""O l&datc= 12/21100&moncy2=OO~~

~~-LOGIC WII8.h lOGIC" lillia ll(nVDJoad. Account Information~~

~~Local Government Investment Cooperative Customer Account Transaction System 12/20/00~~

~~ACH Deposit for Settlement Date' 12/21/00~~

~~Please Pnnt thiS Page for Your Records~~

~~You have made an ACH Deposit for Trade Date. 12/21/00 for $ 4,000.00 Account:01 - GENERALFUND effective 12/21/00~~

~~Confirmation Number: 11220000806~~

~~TrJll.,actIon Menu~~

~~LOGIC 1201 Elm Suite 3500 Dallas TX 75270 1-800-TX-LOGIC (895-6442) E-Mail: [email protected]~~

~~I:!QMf Rate Information I Enrollment Forms I Operating Policies I Account Information What IS LOGIC? I Links I Ouestlons I Register I Downloads~~

~~I of I 12120/2000802 AM COUNTY OF FORT BEND Engmeenng Department POBox 1449 Johnny Ortega 1124 Blume Rd Rosenberg, TX 77471-1449 Perrnlt AdmInistrator Phone (281)342-3039~~

~~PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY u 0;:;,:;:;9 PERMIT NO~~

The followmg "Notice of Proposed Cable, CondUit, and/or Pole Lme activity m Fort Bend County" and accompanying attachments have been reviewed and the notice conforms to appropnate regulatIOns set by CommissIOners' Court of Fort Bend County, Texas

~~~ (I) Complete ApphcatIOn Form __ ...:./ - a Name of road, street, and/or dramage ditch affected, __ 7--r_ b VIClmty map showmg course of directIOn 7 c Plans and specificatIOns~~

~~___ /_ (2) Bond~~

~~(3) Verbal permissIOn given for emergencies, to start construction before approved m CommissIOners' Court~~

~~Precmct Engmeer Acknowledgement Date~~

~~Precmct CommissIOner Acknowledgement Date~~

~~(4) Dramage Dlstnct Approval when applicable~~

~~We have reviewed this project and agree It meets mmlmU111requirements~~

~~Jo~~rm_w, ~~~

~~I IWPDATA\PROCED\PERMH\PERAPPRE POI~~

~~- , 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~~

APPLICANTS JOB NO ,---,. __ PERMIT No ~3?~ PCT No ----'L-_ ~ No ~~Jtg ~..;';;.L _ ~ ...... ~ , Formal notice IS hereby given that I1£GA caA/Jl/lq'c f'/oA..l t:.O,t{~. 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

~~In, Under, or Across Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From Length of Type of Construction Ditch Name Nearest Intersection Crossing Bored Jacked Driven Cased wtW ~. 'ftJ' M4"? S.Nwt' " -IS CASr,o~~

~~tV» ;f;1 Nr hUH 3 Nilif' 6 yr CASED~~

~~Along Roads and/or Drainage Ditches~~

~~Road or Distance & DirectIon From To Distance Ditch Name Nearest Intersection~~

~~General Description~~

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

~~Written notices are requIred 1) 48 hours In advance of start of construction and 2) when construclion IS complete and ready for final inspection~~

~~Mall to PermIt Administrator/Fort Bend County Engineering POBox 1449, Rosenberg, TX 77471~~

~~Vlolalion of requirements shall constitute grounds for Job shut down~~

~~COMPANY NAME 1'1e.5o<- (~~

~~------~:------~~

~~NAME & TITLE ]), J 1'1 " Ai~~

~~DATE i~~

~~~1,,~L,~ ADDRESS llJlN ~. KI y (0." ,,,,,cI :It- <;"'Il( (StreeVP.O Box) IX l7LO~ State Zip~~

~~TE~EPHONE NO' ,,2&1 ~5iJ 0.2...'1 (accessible 24 firs/day, 7 days/week) ,. I ~ 'I•• \ .~~

~~I \WPDAT A\PROCED\PERMI1\NOTICE ROW REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT~~

On this ~ day of be t emo.'bw ,20 00 ,before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of _(\-\\\t\ ~Mp'llwi tr..holls Job Location ~\~~~ 'RUN\. ~~ Dated \d-' l.\.-~ Bond No. \?:>-j)O·;osqcn$' , Permit No %l=3qo to make use of certain Fort Bend County property subject to, "A Revised Order Regulating the Laying, Construction, Mamtenance, and Repair of Buried Cables, Conduits and Pole Lines, In, Under, Across or Along Roads, Streets, Highways and Dramage Ditches in Fort Bend County, Texas, Under the Jurisdiction of the CommissIOners 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 of the Minutes of the Commissioners Court of Fort Bend County, Texas, to the extent that such order IS not inconSistent with Article 1436a, Vernon's Texas CivIl Statues. ~~n of CommissIOner \\\\~~,\C)) , seconded by CommiSSIOner~ ' duly put and carned, It ISoR1:RED, ADJUDGED AND DECREED that said notice of said above purpose is hereby acknowledged by the Commissioners Court of Fort Bend County, Texas, and that said notice be placed on record accordmg to the regulatIOn order thereof Notes I. EVidence of review by the CommissIOners Court must be kept on the Jobslte and failure to do so constitutes grounds for Job shutdown.

~~2. Written notices are required a) 48 hours m advance of construction start up, and b) When constructIOn IScompleted and ready for final mspectlOn~~

~~Mail notices to Permit Administrator Fort Bend County Engineering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039~~

~~3. ThiS permit expires one (I) year from date of permit If constructIOn has not commenced~~

~~By ~)\ ~L-J~ _ Presented to Commissioners Court k County Engmeer -0 and approved. Recorded in Volume _ By _ Mmutes of Commissioners Court. Drainage District EngmeerlManager~~

~~Clerk of CommissIOners Court By ~\\~, Deputy~~

~~Revised 12/22/99~~

~~I \WP()ATA\LETT[RS\PFRM1T\(TP( A IU'V~~

~~------COUNTY OF FORT BEND Engineermg Department POBox 1449 Johnny Ortega 1124 Blume Rd Rosenberg, TIC 77471-1449 Penmt AdminIstrator Phone (281)342-3039~~

~~PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY~~

~~PERMIT NO L02340~~

The following "Notice of Proposed Cable, CondUIt, and/or Pole Lme activity m Fort Bend County" and accompanymg attachments have been reviewed and the notice conforms to appropnate regulatIOns set by CommissIOners' Court of Fort Bend County, Texas

~~/ (1) Complete ApplicatIOn Form __ /__ a Name of road, street, and/or dramage ditch affected _---"-",__ b VIcImty map showmg course of directIOn. _--J.C"--_ c Plans and specIficatIOns~~

~~__ -,/__ (2) Bond~~

~~(3) Verbal permissIOn gIVen for emergencies, to start constructIOn before approved in CommIssIOners' Court~~

~~Precmct Engineer Acknowledgement Date~~

~~Date~~

~~(4) Drainage iStrIct Approv when applicable~~

~~We have reviewed thIS project and agree It meets mmimmn reqUlreme~~

~~Date~~

~~I \WPDATA\PROCED\PERMIT\PERAPPRI:. POI 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~~

~~APPLICANTS JOB NO. 7 , o't 0 371 2> PERMIT No 'iJpi{O PCT No BOND No. 2>~'\ooA$' ---~~

Formal notice IS hereby given that---A Ll 'T ~ L C.om rY\ U N \ (..A Tt\)J0 proposes to~, construct, maintain and/or repair cable, conduit and/or pole hne, In,~, 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 Distance & Dlrectlon From Length of Type of Constructlon Ditch Name Nearestlntersectlon Crossing Bored Jacked Driven. Cased S,A F F./te> AT /""'i:J~fo::.NPf~L(; (ZUN ('((e.e. K. BLvD~~

~~Along Roads and/or Drainage Ditches~~

~~Road or Distance & Direction From To Distance Ditch Name Nearest Intersection~~

General Descrlpllon .I DIll.e-e..-l\0~AL ~~ r: 0YDEIe.. S71JEFcJ{?() R.wS ClfiO(, i-Ilorn 1fJi!:l BAtJk ..,....,4fJl..j ..d fCt>.e 600 Fe;et,fft, 8F6E7 86t.ocJ (~ICBoT7(:,.T1. The Location and deSCription of the proposed Installallon and appurtenances IS more fully shown on the attached detail draWings The laYing, con~t"'ctlon. maintenance and/or repair of the proposed Installation shall be subJect to "A ReVised Oroe, f'c:::·":~t,ng the LaYing, Construction, Maintenance and/or Repair of Cables, CondUits, and/or Pole Lines, II', "Older, Across, 01 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 Valli me 639 of the Minutes of the Commissioners Court of Fort Bend County, Texas

~~Written notices are reqUIred 1) 48 hours In advance of start of construction and 2) when construction IS complete and ready for final inspection~~

~~Mall to Permit Administrator/Fort Bend County Engineering POBox 1449, Rosenberg, TX 77471~~

~~I \WPPATA\PROCEO\PSRMInNOTICE ROW~~

z 0 >- LJ Cl L 0: W >- 0: W -,(J) r- f- q, -l: (f) , L , 0:: ~: >- ~: (f) W w, '"l!l' 0- N ~ U ,-'oc Z >- ,'IS r- d z f--' Z 0 Q u- :::J ~ (J) c CJ >- u L: 0 Z ~ 0: Cl u- z u- W 2J z CD L: Z r- u- e- LL z <;[ ~ a:

~~Cl :::>- 7 -.-J m w u 3808 ON3 z T W ISl Cl ISl Z W 0.- W Lo----:? «::- Cl Z >-----<~~

~~W 0:: ------0 CD~~

~~....J U Z 0- 0 • CD- --1--':>1---== -I- '<:I" U w :::c 0:: I- I Cl- 3 IS) \ IS) -c.D '------~~

~~u > 0- Il-ItJlS COUNTY OF FORT BEND Engineering Department~~

~~P.O. Box 1449 Jobnny Ortega 1124 Blume Road Rosenberg, TX 77471 Permit Admmistrator Pbone: 281-342-3039~~

~~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 #_------$------Name: _~~

~~CASHIER'S CHECK # ~O?>()Q >OIY ---,----__ Name: K().u,bCMn ~ QwQq,.~ RIDER TO BOND #_------$------Name: _~~

~~PERMIT NUMBER (name or locatIOn: ~~\C\." RELEASE DOCUMENT (S) TO THE FOLLOWING:~~

Name: ~~ \ ~V""OcJ. Address: qC\.qo RI:C-h~vJ. d £\x)£ s,!L<~k,--. .:3lton""''''''- _ City/State/Zip: -l.b>u1w "'"']&=.__ #,-""'7---=o-,,~=- _ '*{j"'"e(M""l", AGREED: V4~~-Q 4 COMMISSIONER, PRECINCT# _ ~FORTBENDCO~~ COURT APPROVED: \'d.\'::l-CD #~

~~:~~EOF1)~~~~

~~DEPUTY COUNTY fLERK~~

~~I \WPDAT A\Lf:o.l TbRS\PbRMIT\releaseautho Logic Disbursement Worksheet~~

~~Cause # 82198~~

~~Kaufman & Broad of Houston~~

~~Current Ending Total in Logic $2,117.94 Intital Deposit $2,000.00 TOTAL INTEREST ACCRUED $117.94~~

~~Total Interest $117.94 X 10% 10% Administration Fee to the County Clerk $11.79~~

~~Current Ending Total in Logic $2,117.94 Less Administration Fee $11.79 TOTAL FUNDS TO: Kaufman & Broad of Houston $2,106.15~~

~~Total Interest $117.94 Less Administration Fee $11.79 1099 Interest if applicable $106.15~~

~~Administration fee $11.79 CK# ~\~'1 Funds to Customer $2,106.15 CK# ~ \d.~ Current Ending Total in Logic $2,117.94~~

~~12/19/2000 8 39 AM Page 1 I/patsy/disburse xis FORTBENDCOUNTVCLERK~~

301 Jackson St, Richmond, TX 77469-3108 (Mam) 303 Texas Parkway, Mlssoun City, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON www co fort-bend tx us Adnun Fax (281) 341-8697 COUNTY CLERK Civil Fax (281) 341-4520 Cnnunal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 19, 2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

A release order has been Issued by the Fort Bend County Commissioners Court for completIOn of work to Kaufman & Broad of Houston, Permit #82198 for work on Bissonnet Enclosed is a check III the amount of $2, 106.15 to be released to:

~~Tim Early Kaufman & Broad of Houston 9990 RIchmond Ave, Suite 400 Houston, Texas 77042~~

InformatIOn on the Issuance and release of this security ISon file at the Fort Bend County Clerk's Office. Inqumes should be addressed to Dianne Wilson, Fort Bend County Clerk, 301 Jackson, Richmond, Texas 77469-3108 or call (281) 341-8653.

~~~'t~o~ AliCia Yeo ans County Clerk's Office~~

~~cc Mary Jane Sowa, Fort Bend County Engmeenng Department ......~~

Ul 2127 c( FORT BEND COUNTY CLERK )( w REGISTRY FUND .... COUNTY COURTHOUSE "- o~ RICHMOND, TJ( 77469 DECMEBER 20 20~ ~=:~ zw~ <~~ w m PAY TO THE 11. 79 ...Jti~ ORDER OF DIANNE WILSON, COUNTY CLERK c( w - $ z~~ i oi!=:s j::::lc: ~r.',,~.¥.~~T t «)I ,~'7 Q:" ' ~ DOLLARS .s;gg ~ ,""IS C>lECK IS 'N FUU SE'TTLEMENT OF ACCOuNT AS $HOWN IlEr..ow ACCEF'TAtlCE BY eNIlO~"'EIilT CON$Tll'VTCS F\£CEIPT IN FUll.- Zo ~UScoHfry ziS~ DIANNE WILSO , CLERK OFFICER a:~ ...... " ,,"', w II , ....:I: KA & BROAD OF HOUSTON , :> ~UDITORMP 0 ~... ~ . .. V~~A Ul 1110021. 2 7111 I: I. 1.30 1.5 2[;71: 220 703[;11"

...... , 2128 Ul c( FORT BEND COUNTY CLERK )( I w REGISTRY FUND .... COUNTY COURTHOUSE "- RICHMOND, TJ( 77469 DECEMBER 20 20 00 ~~~ zw~ I ct~~ mw PAY TO THE 2,106.15 ..J~~ ORDER OF KAUFHAN & BROAD OF HOUSTON $ ~~~ o~:) j:=:Ia: ~1'I?P;l\lS2r' ~~I 00'"··(}(,j~~..,,l'~')rj~ ",~~~" DOLLARS cd~« ~ TluS CHECK IS iN FUll. SETT\.EMENT 01' "CCO!Jl'(T AS SHOWN I!I!l.OW ACCEPTANCE BY ENDOF\SE"'ENT OONsrrt\!TES P.Ece'PT IN FUll TRUST FUND zz§'5~ DIANNE ~~' COUNTY CLERK OFFICER a:~ I w SSIONERS COURT ORDERED TO RELEASE :I: p~~ .... ON 1 -12-00 ITEM #14BB E ZKA mUNTY AUDITOR :> IPnr 0 RE: BISSONNET . 1[ffi'l.d4-b)cu d 1l/JT MP Ul 11"00 2 I. 2811" I: I. 1.30 ItS 2[;71:. .. 220 703[;11" u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Marl Dilly No /IISillil/l(e Co. (',lg< Provided)

'"ru ..D KAUFHAH & r'I BROAD OF HOUSTON. HOUSTON. nI. '" Postage $ 33 4r~,-:..- - 1- ru J/ \,"' """\;,..,• '" Certified Fee I'-\(~. / m I ',t .).;", \ \,POS4 t:l Return Receipt Fee I a<:,.~ (Endorsement Required) , '.tJ"

IT" __3_Ql___JA~_SQ}l____m ______.m ______m ______t:l -- -,.------r'- C~d. TEXAS 77469-3108 PS Form 3800, July 1999 See Reverse for Instructions Complete Items 1, 2, and 3 Also complete Item 4 if Restncted Delivery IS desired • Pnnt your name and address on the reverse so that we can return the card to you • Attach thiS card to the back of the mallplece, o Agent or on the front If space permits. o Addressee o Is delivery address different from rtem 1? DYes Article Addressed to If YES, enter delivery address below D No TIM EARLY KAUFMAN& BROADOF HOUSTON 9990 RICHKOND AVE, SUITE 400 HOUSTON,TEXAS 77042 3 ServIce Type lJJ Certified Mall o Express Mall o Registered o Return Receipt for Merchandise o Insured Mall DeOD 4 Restneted Delivery? (Extra Fee) Dyes

2 Article Number (Copy from serVice fa.bel) 7099 3220 0000 3288 1628 CO CLM - AY OFFICE MGR. CCM 12-12=00 PS Form 3811, July 1'!i99 DoInestlc Return Receipt #l""'99-M 1789 d) ,. fp "f ,n ,~}__ .41~J. • .v .. UNITED STATES POSTAL SERVICE First-Class Mall Postage & Fees Paid USPS II I PermIt No G-10

~~• Sender Please print your name, address, and ZIP+4 In this box· DIANNE WILSON. COUNTY CLERK FORT BEND COUNTY 301 JACKSON RICHMOND. TEXAS 77469-3108~~

~~1I",II",I,I"I,Il"I,I"lll""IIII",I"I,II,,",.II,I,,1l~~

~~------~------~ -- COUNTY OF FORT BEND Engineering Department~~

~~P.O. Box1449 Jobnny Ortega 1124 BlumeRoad Rosenberg,TX 77471 Perm.t Admm.strator Pbone: 281-342-3039~~

~~RELEASE AUTHORIZATION~~

~~THE FOLLOWING DOCUMENT (S) CAN BE RELEASED UPON ORDER OF COMMISSIONER COURT:~~

~~Check one or more docnments per project PERPETUAL BOND #_------$------Name: _~~

~~PERFORMANCE BOND #_------$------Name: _~~

~~CASffiER'S CHECK # -.!:D.1·1lfd-1l 05'0 $ ~,OOO, Name: --.L&p e.. Z- (-rf> !'-'f--L.:...:.Jo<>="="T"==------RIDER TO BOND #_------$------Name: _~~

~~PERMIT NUMBER (name or locatIOn: '6~St3 RELEASE DOCUMENT (S) TO THE FOLLOWING:~~

Name: -----=L~~tGolf /Yl1.'.Kl<(j~ Address: 40~5 ~lwoy, (" So"u. City/State/Zip: J.k u.l.ll,,~IXu;..:·'-\-JL,71-'t21l!...-"~"'~=------if R~I.>~L.Pfe~ AGREED: COMMISSIONER, PRECINCT# _ ~~~ ~ORT BEND COUNTY ENGIN~ COURT APPROVED: \~.\d.-O::> # ~c... DATEO~~. : BY: ~~ DEPUTY COUNT ~C~L~E~RK~~~---

~~I \WPDA T A\LETTERS\PERMITlrelea*autno Logic Disbursement Worksheet~~

~~Cause # 82113~~

~~Lopez Golf Management~~

~~Current Ending Total in Logic $2,174.41 Intital Deposit $2,000.00 TOTAL INTEREST ACCRUED $174.41~~

~~Total Interest $174.41 X 10% 10% Administration Fee to the County Clerk $17.44~~

~~Current Ending Total in Logic $2,174.41 Less Administration Fee $17.44 TOTAL FUNDS TO: Lopez Gulf Management $2,156.97~~

~~Total Interest $174.41 Less Administration Fee $17.44 1099 Interest if applicable $156.97~~

~~Administration fee $17.44 CK#~1~5 Funds to Customer $2,156.97 CK# ~ \ ~ lq Current Ending Total in Logic $2,174.41~~

~~12/19/2000 8 38 AM Page 1 I/palsy/disburse xis FORT BEND COUNTY CLERK~~

301 Jackson St, Richmond, TX 77469-3108 (Mam) 303 Texas Parkway, Mlssoun City, TX 77459 (Branch) (281) 341-8685 DIANNE WILSON www co fort-bend tx us Admm Fax (281) 341-8697 COUNTY CLERK C1VllFax (281) 341-4520 Cnmmal Fax (281) 341-8681 Recordmg Fax (281) 341-8669 December 19,2000

~~NOTIFICATION OF RELEASE OF SECURITY~~

A release order has been issued by the Fort Bend County CommlsslOners Court for comp1etlOn of work to Lopez Golf Management, Permit #82113 for work on DItch II-B-2-A-3 Enclosed ISa check m the amount of$2,156.97 to be released to:

~~Ruben Lopez Lopez Golf Management 4035 HIghway 6 South Houston, Texas 77082~~

InformatlOn on the Issuance and release of thIS secunty is on file at the Fort Bend County Clerk's Office. Inqumes should be addressed to Dianne Wtlson, Fort Bend County Clerk, 301 Jackson, RIchmond, Texas 77469-3108 or call (281) 341-8653.

~~~ AlICIa Yeom s County Clerk's Office~~

~~cc: Mary Jane Sowa, Fort Bend County Engmeenng Department • .. .. • . • . .. .. 'I~~

III 2125 ... 0 CC OlfuERED RELEASED ON 12-12-0 lTEKI14CC 1J~~wflQ;:r'TOR"p III 11'00 2 ~ 2511' I: ~~:l0 ~s2b?l: 220 ?O:l bll' j • • . . 2126 ., FORT BEND COUNTY CLERK REGISTRY FUND COUNTY COURTHOUSE RICHMOND, TX 77469 DECEMBER 20 20 -OlL

~~ORDERPAYTO THEOF LOPEZ GOLF MANAGEMENT _ $ 2.156.97~~

~~. .. 220 ?O H,II' u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic M.lIl Only No Insurance Coverage PlOvlded)~~

~~WPEZ GOLF MANAGEMENT.~~

~~«J Postage $ «J ru rn Certified Fee~~

D Return Receipt Fee D (Endorsement Required) D Restncted Delivery Fee ",--~~_..-- D (Endorsemeot Required) AT - OFFICE MGR. Total Postage & Fees $ D cJ.-Cj CCK; 12-12-00 ~ ~N".;;m".'i("pl;e.'''.;;.,pi;irl;;;ntilC",..~t/~Y)~(~TO~..~o~o~m~p~1.~t.~d~.~y~m~'~II.~t)r--i~>Ci;-~1 rn

." • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery IS desired • Pnnt your name and address on the reverse so that we can return the card to you • Attach thiS card to the back of the ma.llplece, or on the front If space permits

~~1 Article Addressed to~~

~~lllJBEN WPEZ WPEZ GOLF MANAGEMENT 4035 HIGHWAY 6 SOUTH~~

~~HOUSTON. TEXAS 77082 3 ServIce Type cJcertrfled Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 COD 4 Restncted Delivery? (Extra Fee) 0 Yes~~

2 Article Number (Copy from service label) 7099 3220 0000 3288 1635 CO CLERK - ay OFFICE KGR. CCK:12-12-Q0 PS Form 3811, July 1999 Domestic Return Receipt 114CG:>2595 99 M-1789 UNITED STATES POSTAL SERVICE Frrst>-~Iass Mail.... " Postage & Fees Paid USPS Permit No, G-10

~~• Sender Please pnnt your name, address, and ZIP+4 In this box'~~

~~DIANNE WILSON, COUNTY CLERK FORT BEND COUNTY 301 JACKSON RICHMOND, TEXAS 77469-3108~~

~~Ci 1111.1111.1,1 •• 1.11 •• 1.1.11.11.11.1111 ••• 1•• 1.11 ••• 11.11.1 •• 11~~

~~------FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE ~~~~

~~DATE SUBMITTED: 11129/00 SUBMITTED BY: County Attorney AGENDA DEPARTMENT: ExtenSIOn ServIce ITEM COURT AGENDA DATE' 12/12/00 PHONE NO.: 4556 #~~

~~SUMMARY OF ITEM: Discuss and take appropriate action on Lease Agreement between Fort Bend County and Farm Service Agency to occupy space in the Fort Bend County Agricultural Center.~~

~~RENEWAL CONTRACT/AGREEMENT Yes () No (X ) LIST SUPPORTING DOCUMENTS ATT ACHED: YES~~

~~FINANCIAL SUMMARY: BUDGETED ITEM. ANNUALIZED DOLLARS. COMMENTS'~~

~~Yes () No () N/A () One TIme ()~~

~~Fundmg Source: Recurrmg () fund agcy Object N/A () Original Form Submitted WIth back up to County Judge's Office: Yes()~~

~~Instrucllons for submlttmg an Agenda Request·~~

t. Completely fill out agenda form, mcomplete forms will not be processed. 2. Fax or mter-office copies of agenda form WIth all back up mformatlon by Wednesday at 2:00 p.m to the departments hsted above 3 All origmal back-up must be receIved 10 the County Judges Office by 2:00 p.m. on Wednesday.

~~RECOMMENDATION 1 ACTION REQUESTED:~~

Proposal from US Department of Agnculture (Farm ServICe Agency) approved In Court on 6/1/99 contIngent upon Letter of Intent signed by federal government which was received on July 26, 1999 Agreement IS for period begmnIng 12/112000 through 12/1/2005 Texas Agricultural Extension Service The Texas A&M University System 1436 Band Road, Rosenberg, Texas 77471 (281)342-3034

~~November 27, 2000~~

~~Mr. Ben Childers County Attorney 309 S. 4th Street, Suite 621 Richmond 77469~~

~~Dear Mr. Childers:~~

~~Enclosed is a copy of the Lease for Real Property Agreement with USDA Agencies that will be leasing office space in the New Agricultural Center starting December 1, 2000.~~

~~Please review and submit for Commissioners Court Agenda.~~

~~Sincerely, )/). '. £A~~

~~~~~'~PL Fort Bend County~~

~~cc: Commissioner, R. L. O'Shieles~~

Extensfon programs serve people of all ages regardless of socioeconomIC level, race, color, sex, relIgIOn, dIsabIlity or natIonal ongm The Texas A&M UniversIty System, U 5 Department of Agnculture, and the County CommissIoners Courts of Texas Cooperating REPROOU::E LOCALLY In(;lude form number and date on all reproductIons

~~CCC-2 U 5 DEPARTMENT OF AGRICULTURE (08·29·97) Commodity Credit COr;loratton~~

~~LEASE FOR REAL PROPERTY~~

~~1 DATE 2 COUNTY NAME~~

~~November 22, 2000 Fort Bend, Rosenberg, Texas~~

~~3 THIS LEASE. made and entered mto thIs day by and between Fort Bend County~~

~~whose address l~ 301 Jackson Street, R~chmond, TX 77469~~

~~and whose mterest m the property heremafter called the Lessor and the Farm Service Agency hereInafter called FSA~~

~~4 WI1NESSETH The parties hereto for the conSideratIOn heremafter mentioned. covenant and agree as tollows~~

~~a The Lessor hereby leases to FSA the tollowmg descnbed premises one-story brick bU1lding Owned by Fort Bend County, located at 1402 Band Rd, Rosenberg, TX 77471~~

~~(0 be used for by FSA, NRCS, Ducks Unlimited, Soil Survey for the Administration of federal programs (5525 usuable square feet)~~

~~b TO HAVE AND TO HOLD the said premises with their appurtenances for the term begmmng December 1, 2000 through November 30, 2005 SubJectto lennmallOn and renewal nghts as may be heremafter set forth~~

~~c The FSA shall pay the Lessor annual rent of $ 60,775.00 at the rate of $ 5,064.58~~

~~per month ($ ----11. 00 per square foot) In arrears Rent for a lesser penod shall be prorated Rent checks shall be made payable to Fort Bend County Treasurer~~

d The FSA may tenmnate thiS lease or decrease the amount ot space at any tune by glvlng at least 120 calendar days days notice In wntmg to the Lessor and no rent shall accrue atter the effective date ot tennmatlon SUld notice ~hall be computed commem.mg with (he day atter the date ot mallmg

C Thl'> I.:..I...\: may be renewed at (he optIOn of the FSA tor the tollowmg tenns and Jt the follOWIng rentals One 5-year renewal option at the rate of $11.00 per square foot per Year, beginning December 1, 2005 through November 30, 2010.

provIded notIce be given 10 wntmg to the Lessor .lt least 120 days before the end ot (he angtnal Ica~e tenn or .lny renewal tenn.,. all other tcnn:'>J.nd conditIOns of thIS lease shall remam the same dunng any renewal tcnn SJ.ld notll..l.. ~h;;J.11be I.omputed commencIng with (he day atter the d3te ot mallmg CC;C-2loa.Z9.97) REVERSE

~~The Ll.:ssor lohall fumlsh the FSA. JS part of the rcmal consideration, the followmg~~

ThJ.s J.S a f:uced-rate fully servJ.ce lease, includJ.ng JanJ.torJ.al servJ.ces and supplJ.es, bUJ.ldJ.ng maJ.ntenance and ground maintenance The space wJ.ll be fUlly maJ.ntao.ned and altered per government requJ.rements for occupancy by the government no later than December 1, 2000

g The followmg are anached and made a part hereof (SohCltallOn For Offers (SFO)) Form CCC-79, SolJ.cJ.tatJ.on, Offer and Award for Co-located offJ.ces. At the tJ.me of the exerCJ.se of any of the renewal optJ.ons or on the annJ.versary date of the lease, the rental agreement may be renegotiated to provJ.de for any J.ncrease or decrease 1n pub11c ut~11ty rates, 1nclu~nq electr1c1ty, gas, water, and sewage servJ.ces, approved by a publJ.c utJ.1J.ty commJ.SSJ.on Any claJ.m-by the lessor for an J.ncrease J.n rent due to J.ncreased publJ.c utJ.1J.ty rates, shall be supported by documented eV1dence of such increase of rates. County Execut1ve D1rector can request J.nformatJ.on on utJ.1J.ty rates at any tJ.me, and J.t may negotJ.ate to decrease the rent based on such J.nformatJ.on.

~~h The followmg changes were made In thIS lease pnor to Its executIon~~

~~5. IN WITNESS WHEREOF. the creta have hereunto subscnbed theIr names as of the date~ wnrten belo\\o a NAME OF LESSOR URE DATE~~

~~Fort Bend County 1-'-1-01 b NAME OF LESSOR DArE~~

~~c NAME OF STATE OFFICE DESIGNEE SIGNATURE DATE~~

~~J.mes Douglass Administrative Officer~~

~~d NAME OF COUNTY EXECUTIVE DIRECT DATE~~

~~Walter F. Kelley County E'tccutl\'c Director~~

ThIS prOI~~mor Jcrlvlty WIll oe conducted on • nonqlscrlmln.(ory 0.51 sex _.rlColl SC.JCuS or dISoiOt!I(y United States Farm Fort Bend County FSA USDA Department of Service 600 Mam Street Agnculture Agency Richmond, TX 77469-3427 Phone 281-232-6898 Fax' 281-232-5868

~~July 26, 1999~~

~~Fort Bend County ComrlllssIOner's Court C/o James C Adolphus, County Judge Richmond, Texas 77469~~

~~GeI)\lemen'~~

~~Tlus letter confirms the lease award for the Fort Bend County Farm Service Agency to the Fort Bend County CommissIOner's court We look forward to workmg With the county~~

~~We wlil contact you m the near future to arrange a lime and date to execute ail reqUIred lease agreements~~

~~Thank you for your cooperatIOn. REPrODUCE LOCALLY lndude form number and date on reproduC!lons~~

~~CCC-79 USDU~NTOFAG~CUL~ (06·04-97) Commodity Crcdll Corpor.\Oon~~

~~SOLICITATION FOR OFFERS (SFO)~~

~~THE USDA FARM SERVICE AGENCY HAS A REQUIREMENT TO LEASE 5525 • NET USABLE SQUARE FEET OF OFFICE AND RELATED~~

~~SPACE TN (CITY) ROSENBERG (STATE)~~

~~(COUNTY) FORT BEM> CO.~~

~~ward Date 1 1.1. \~ Walter F. Kelley, CED~~

~~LESSO~~~

~~------TABLE OF CONTENTS~~

~~10 SUMMARY 5 1 1 AMOUNT AND TYPE OF SPACE 5 12 LOCATION 5 1 3 LEASE TERM! TERMINATION 5 1 4 OFFER DUE DATE 5 1 5 OCCUPANCY DATE 5 16 SPACE INFORMATION 5 1 7 HOW TO OFFER 6 1 8 NEGOTIATIONS 7~~

~~20 LEASE AWARD FACTORS 8 21 COST EVALUATION 8 22 TECHNICAL EVALUATION 8 2 3 HISTORIC PREFERENCE 9 24 AWARD 9 2 5 LEASE FORM CCC-2 9~~

30 LEASEADMINISTRATION PROVISIONS 10 31 ALTERATIONS 10 32 NET USABLE SPACE 10 33 CHANGES 10 3 4 DELIVERY AND PAYMENT OF RENT 10 35 VENDING FACILITIES 11 36 TERMINATION FOR DEFAULT 11 3 7 FAILURE TO PERFORM 11 3 8 PROPOSALS FOR ADJUSTMENT 11 39 DISPLAY ADVERTISING 11 3 10 LESSOR'S SUCCESSORS 11 3 11 ADJUSTMENT FOR VACANCY 11 3 12 CONSTRUCTION SCHEDULE 11 3 13 PROGRES_SREPORTS 12 3 14 CERTIFICATE OF OCCUPANCY 12 3 15 EMPLOYMENT OF ILLEGAL ALIENS 12 3 16 FLOOD PLAIN LOCATION 12 3 17 SUBLETTING THE PREMISES 12 3 18 DAMAGE BY FIRE OR OTHER CASUALTV 12 3 19 FAILURE IN PERFORMANCE 12

4 0 GENERAL ARCHITECTURAL 4 1 QUALITY AND APPEARANCE OF BUILDING 42 WORK PERFORMANCE 43 BUILDING SYSTEMS CERTIFICATION 4 4 ACCESSIBILITY FOR THE DISABLED 4 5 FLOOR PLANS AFTER OCCUPANCY 46 PARKING 4 7 DESIGN FOR ENERGY CONSERVATION 4 8 LANDSCAPING 4 9 FACULTY IDENTIFICATION 813 OSHA REQUIREMENTS 24 gO APPLICABLE FAR CLAUSES 25 9 1 CLAUSES BY REFERENCE 25

~~PROPOSAL TO LEASE SPACE 26~~

100 REPRESENTATIONS AND CERTIFICATIONS 27 101 BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERN 27 102 SPECIAL TAX INCENTIVE 27 103 WOMEN-OWNED BUSINESS 27 104 AFFIRMATIVE ACTION COMPLIANCE 27 105 CERTIFICATION OF NONSEGREGATED FACILITIES 27 106 EQUAL OPpORTUNITY 27 107 DRUG-FREE WORKPLACE 27 108 RENTAL RATES 27 109 INDEPENDENT PRICE DETERMINATION 27 1010 PROCUREMENT INTEGRITY 28 1011 CLEAN AIR AND WATER CERTIFICATION 28 1012 ASBESTOS REPRESENTATION 28 1013 HAZARDOUS WASTE OPERATIONS 28 10 14 POLYCHORINATED BIPHENYLS (PCBs) CERTIFICATION 28 1015 RADON REPRESENTATION 28 1016 ENVIRONMENTAL SAFETY 28 1017 RESTRICTIONS ON LOBBYING 28 1018 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 29 1019 HISTORIC BUILDING SITE 29

~~SPACE INFORMATION FORM 30 CCC-79 (06-04-97)Page 5 of 30~~

10 SUMMARY J I -\MOUNT AND TYPE OF The County FSA Committee (Cae), as agent of CCC. IS Interested In leasmg a net SP>\CE usable mmtmwn of .....- .... 5525 net usable square feet of qualIty office. shop/warehouse, and related space 10 a new or eXisting bulIdIng of sound and substantial construcuon and shall conform or be capable ofbemg altered to conform With the requirements. terms, and provIslOns set forth ID thIS SolIcItatIon for Offers (SFO) For purposes ofuus solicItation, the definltlon of square feet IS In the "Lease AdmInIstratzon ProvIsIons" section aftius SFO Unless othenvlse noted, ail references In thiS SFO to square feet shall mean net usable square feet

I 2 LOC>\TION The area conSIdered must be wlthm an area bounded on the Nonh by FORT BEND COUNTY FAIRGROUNDS , on the East by HrGIIWAY 36 , on the South by BAND ROAD . on the West by STELLA ROAD TIlls space must have easy access to pnmary roads (Refer to Area Map) 1 3 LEASETERMJ 5 -year InJual term lease and 1 5-year renewal pen ods. TERMINATION The CED may terminate the lease in whole or h:Jart at "::h lIme byJ.:vmg at least 120 days noUce in wnting, to the Lessor and nn rental s accrue er the e eclive date of the tenninaUon. SaId nolice shall be computed commencing with the day after the date of mailing

J 4 OFFER DUE DATE Offers wlll be received by close of bus lOess local time, JUNE 1999 There wlil be no 15 -- public openmg and all offers received will be kept stnctly confidennal untIl a contract has been awarded The FSA will have a maximum of 21 days from the last day best and final offers are receIved to make an award 1 5 OCCUPANCY DATE The space IS reqUired to be ready for occupancy by SEPT. 1 lIlI! 2000-- If offeror proposes pnssessIon other than the required date, the COC shall determme If the proposed possessIon date will reasonably fuJfjJJ the FSA 's needs. The FSA reserves the ngbt [0 negolJate the possesSion date WIth any offeror and to reject any offer wluch proposes a delivery date wluch WIllnot meet the FSA's needs 1 6 SPACE INFORMATION See Form CCC-65, page 30 oft1lls fonn.

~~Lessor shaH prOVide 58 on-site paved parkmg spaces In a lot under the control of the lessor~~

~~lES~~ eGG-79 (06-04-97)Page 7 of 30~~

~~I 7 HOW TO OFFER conrmued C Amendments to Schcltauons~~

~~(1) If this solicitation IS amended, then all terms and condItions which are not modIfied remam unchanged~~

~~(2) Offerors shaH acknowledge receipt of any amendments to thiS solicItation by one arthe (olloWIng methods~~

~~(a) signing and returnmg the amendment~~

~~(b) IdentIfymg the amendment number and date In the space provided for thiS purpose on the form for submlttmg an offer~~

~~(c) 0)' lener or telegram~~

~~(d) facslImle, If facSimile offers are authonzed In the solIcItation The FSA must receive the acknowledgment by the Urne specIfied for recelpt of offers~~

~~D Failure to Submit Offer~~

ReCIpIents of thiS solIcitation not respondmg wIth an offer should not return thIS solicitatIon, unless It specifies otherwise Instead, they should advise the Issumg office by letter or postcard whether they want to receive future solicitatIons for SimIlar requirements If a reCipient does not submit an offer and does not notify the ISSUing office that furure SolicItatIons are desired, the reCipient's name may be removed from the applicable mallmg list.

E Cost associated With submission of offers ThIS solicitatIon does not commit the FSA to pay any costs Incurred In the sUbmJSS10n of offers or In makmg necessary SrudiCS or deSigns for the preparation thereof. nor to procure or conrract for services or supplies Further. no costs Incurred at the offeror's expense may later be charged to any resulting contract.

~~F DevlatlOns~~

Offers WIll be considered to be ll1 full and complete comphance With thIS sohcItaoon unless the offeror descnbes any deVIation In the offer DeciSions regarding deViations which cause the offer to be techmcally unacceptable wIll be made by the CED G Late Offers

Any offer or modificatIOn of an offer that ISreceived. after the exact time specified for receipt of "best and final" offers wIll not be considered unless It IS received before award IS made. and one of the followmg condJuons eXISts·

~~(I) It was sent registered or certIfied mall not later than 5 days prIor to the date specified for receipt of offers~~

18 NEGOTIATIONS Negonauons wIll be conducted on behalf of the FSA by the CED Offerors are forbIdden from conducnng negOtIahOns with unauthonzed representatives. CED w111 negouate rental pnce for the lmual term, any renewal penods, and any other aspect of the offer as deemed necessary CCC.79 (06·04·97)Page 8 of 30

~~20 LEASE AWARD FACTORS 2 I COST EVALUATION Evaluauon of offers will be on the basis of the total annual pnce per square foot mcludlng any renewal penods~~

NegotIatlons wlil be conducted to obtam the most reasonable rental offer possIble for the lease penod However, for purposes of determmlng the lowest offer as to pnce. only offers which meet the requrrcments of thiS solicitation will be conSIdered and evaluated as follows

(A) Offers are requested on or shall be reduced to an annual square foot rate for the amount of space offered and not on an overall yearly or monthly rate, since first conSIderatIon will be made on the basiS of the lowest annual per square foot cost to FSA for the amount of space offered and not on the basiS of the lowest overall annual rental

(B) Offers for a fixed-rate, fully-serviced lease shall receive preference over other offers haVing comparable rental rates 2 2 TECHNICAL In evaJuatlng which offer WIll be most advantageous to FSA. the CED shall conSIder the follOWing award EVALUATION factors In addition to the proposed rental costs and confonmty of the space offered to the specJfied reqUirements Pnce and award factors will receIve equal weight m the evaluation (50 percent each) The award factors are lIsted m order oflmportance Wlth the first two award factors bemg most lmportant

(A) Accesslb,litylLocalJon· based on the proposed space's prOXImItyto the center of producer aetlV1ty, accesSlb,ltty to pnmary, hard-surfaced roads, and the SUItabilItyof the locauon for a County Office (12 percent of evaluatIOn)

(B) OuahtyfPhysicai Charactenstics· based on the sultablltty of the proposed space for a County Office consldenng qualIty ofbulldmg design, matena)s, maintenance, and grounds mamtenance. ConSlderauon will be gIven to the age and phySIcalcondluon of the bulldmg, the appearance of the surroundmg neIghborhood, the compaubility of other uses of the building and the compatIblhty of the Image of these uses WIthFSA's mtended use. QUalItyof other tenants will be conSIdered, as will offered Improvements or buildmg charaetenstlcs which exceed the soliCitation's requirements (12 percent of evaluatIon)

~~(C) Layout Compatibility. based on the potentIal of the proposed space to produce a qualIty layout to house a County Office's furmture, equipment, and employees (8 percent of evaluation).~~

~~(D) Parkmg. based on the number, qualtty, adequacy, and mamtenance ofparkmg spaces (5 percent of evaluauon)~~

(E) ~. based on safety charaetenSUcs of the proposed space such as fire safety, structural safety of the buddmg, presence of envJronmental contanunants~and other safety related factors that affect employees and VISitOrs(5 percent of evaluatIon) NOTE· A Slgruficant safety hazard may make an offer nonresponsIve

~~(F) Fint Floor Space· offers other than first floor space wIll receIve 0 pomts for thIS Item (2 percent of evaluanon)~~

(G) Fixed Rate, Fully SerVlCed Lease· preference shall be gIven to offer.; for a fixed rate, fully servIced lease (3 percent of evaluanon) Offers for other than a fixed rate, fully servIced lease shall receIve 0 pomts for thiS Item

~~(H) ProXImity of Eating Facihlles - based on the proXlITUtyof the proposed space to eatmg faclhues for employees and VISitOrs (2 percent of evaluatIon)~~

~~(I) Energy Conservatlon faclllues classIfied as energy effiCient, usmg alternate energy sources. for c:xample, solar, WInd, geothennal, and biomass (I percent of evaluanon)~~

~~CESSO~~ eCC.79 (06-04-97)Page 10 of 30~~

30 LEASE ADMINISTRATION PROVISIONS 3 [ ALTERATIONS USDA shall have the ngh~ dunng the ex.astence of UliS lease, to make aJteratlons. attach fixtures, and erect structures or 51 gns 10 or upon the premises hereby leased, whIch fixtures, additions, or structures so placed 10, on, upon, or attached to the saId premIses shall be, and remam the property of, USDA and may be removed or otherwIse disposed afby USDA If the lease contemplates that USDA IS the sole occupant afthe bUlldmg, for purposes afmls cJause. the premIses mclude the land on which the bwJdmg ISsued and the bUlldmg Itself

~~OtherwIse, USDA shall have the nght to ue mto or make any physlcaJ connection With any structure located on the property necessary for appropnate uuhzauon of the leased space~~

~~'- ET USABLE SPACE Net usable space IS a term for the measure of the area for which USDA WIll pay a square foot rate It IS determmed by one of the followtng~~

(A) Single Tenancy Floor Compute the Inside gross area by measunng between the Inside fimsh of the pennanent extenor buIldmg walls or from the face of the convectors (pIpes or other wall hung flXtUres), If the convector OCCUplCS at least 50 percent of the length of extenor walls

(B) Multiple Tenancy Floor Compute the net usable area by measunng from the inSide fimsh of permanent extenor buddmg walls or from the face of convectors (PIpeS or other wall hung fixwres), If the convector OCCUpies at least 50 percent of the length of extenor walls, to the room SIde finISh of fixed comdor and shaft walls and/or the center of tenant-separatIng partluons

~~In all measurements, make no deducllons for columns and proJeCllons enclosmg the structural elements of the budding, and deduct the followmg from the gross area, mcluding theIr enclosmg walls:~~

- todets and lounges - stalnvalls - elevators and escalator shaft - bulldmg equipment and SefVlce areas - entrance and elevator lobbies - stacks and shafts - public access comdors - elevators and escalator shaft 33 CHANGES The CED may make changes Wlthm the scope of 1I11sSOliCllaUOnby a wntten order Such changes mclude correctmg problems anslng from on-sIte condlUo", and/or a beller defimllon of requirements. If a change causes an Increase or decrease In the cost of or the tune required for, work perfonmance, an equitable adjustment shall be made by lump sum payment, change in the rental rate, or reviSIon of the dehvery schedule. Failure to agree to any adjustment shall be a dispute over facts under the disputes clause However, nothIng In that clause shall excuse the lessor from proceeding With the solicitation as changed

3 4 DELIVERY AND When space is offered and accepted, the space WIll be mutually measured upon dehvery. Payment wdl be PAYMENT OF RENT made on the basIS of actuaJ measurement; however, payment WIll not be made for delivered space which IS m excess of the maximum square footage solicited. Ifdeltvered space contains less than the minimum square footage, USDA may cancel the lease and exercIse Its legal nghts, including charging the lessor and Its surety the Increased cost of prOVIding replacement space,

Unless USDA elects to have the space OCCUpIedIn mcrements, the space must be delivered ready for occupancy as a complete umt USDA reserves the nght to dettrrnme when the space is ready to occupy. If USDA elects to occupy the space 1n partlal1Dcrements, rent Will accrue or be paId on a pro rata basis 3 5 VENDING FACll.ITIES The Government has the nghlto mstall and have operated by others whom it may desIgnate, vending stands, and/or vending machines, wtthm the confines of the space leased, Ifany such Installallons are deemed by the Government to be necessary. If and when It IS detenmmed by the Government that a requirement exists. negotJatJOns will be entered into With the offeror to amve at a mutually acceptable

~~amount to be added to the rent to cover any addlbonal mechanIcal, ele<:tncal, and plwnbmg facihties, and [I any necessary extra utihtJes~~

~~lESSO~~ CCC-79 (06-04-97)Page 12 of 30~~

3 \6 FLOOD PLAl'l LOC"T1ON The bUIlding shall not be localed In a \OO-yearflood plain (Execunve Order Number \ \988) The \00- year flood plam deterrOlnatlon IS made by the Federal Emergency Management Agency and shown on flood Insurance rate maps or amendments 3 17 SUBLETTING THE FSA may sublet any part of the premISes, but shall not be relieved ITomany obligations under thIS lease PREMISES by reason of any such subletting

3 18 D~\'I.>,GE BY FIRE OR If the said premises be totally destroyed by fire or other casualty. thiS lease shallimmedl3tely terminate OTHER CASU <\LTY In case of paroal destruction or damage, so as to render the premises untenantable, as determmed by FSA, FSA may termmate the lease by gIVIngwntten nOllce to the lessor wlthm fifteen (15) days thereafter If so terminated, no rent shall aCCJ1Je to the lessor after such parual destructlon or damage, and If not so terminated, the rent shall be reduced proportionately by supplemental agreement hereto. effective from the date of such partial destruction or damage 3 19 FAILURE IN In the event of faIlure by the lessor to prOVideany service, utility, mamtenance, or repaus reqUJred under PERFOR.\1ANCE thiS lease, fSA shall have the nght to secure said services, utlhtles, maintenance, or repairs and to deduct the cost thereof from rentaJpayments Alternately, FSA may reduce rental payments by the corresponding value of the requuement not performed, as determined by the CED I

~~CESS~~ CCC-79 (06-04-97)Page 13 of 30~~

~~4 0 GENERAL ARCHITECTURAL~~

4 1 QUALITY AND The space offered should be located 10 a new or modem office bUIldmg Wlth facade of permanent APPEARANCE OF materials In good condition acceptable to the CED The buildIng should be companble w,th Its BUILDING surroundings OveraU, the buildIng should project a professIOnal and aesthetically pleasmg appearance Includmg an attracnve front and entranceway The bUlldmg should have glass areas consistent With the structural mtegnty of the bmldmg, unless not appropnatc for Intended use If not In a new or modem office buIldmg, the space offered should be In a buddmg that has undergone, or wIll complete by occupancy. restoraOon or adaptive reuse for office space With modem convemences wtuch meets all of the current codes If the restoration work IS underway or proposed, then archltcctW"aJplans acceptable to the CED must be submltted as part of the offer All constructJon and operation In new or eXIstmg bUIldings must be In accordance WIth the latest edluon of the followmg codes and standards as applicable or local buddmg and health codes that may be more stnngent than those codes listed below

(1 ) Umfonn Buddmg Code (UBC) (2) Umfonn Mechan,cal Code (UMC) (3) Umfonn Plumbmg Code (UPC) (4) Nanonal Electncal Code (NEC) (5) Nanonal Fife Codes by Nanonal Fife Proteeuon Assoc,anon (NFPA) (6) Southern Bulldmg Codes (SBC) (7) Budding OffiCIals& Code Adm,mstrators International, Inc (BOCA) (8) Arnencans WIthD,sabllttles AccessIbilIty Gu,deltnes for Buildings and Facllmes (ADAAG) (9) Federal Fife Safety Act of 1992 (10) Occupanonal Safety and Health Adm,mstratlon (OSHA) (II) California Code of Regula nons (TItle 24 8) i12) Umfonn Fire Code 42 WORK PERFORlvlANCE All work must be done by mechanIcs or people skilled m their respeCllve trades, and must be done m a workmanlike manner, present a .ood fimshed annearance, and be accentable to the CED

43 BUILDING SYSTEMS The Lessor shall furnISh,at no cost, a certlficanon by a regIstered profeSSIOnal engmeer(s) andlor CERTIFICATION archItect, or the local bu,ldmg authonty, that the bUlldmg and Its systems, as destgned and constructed, WIllsansfy the reQwrements of tlus lease

44 ACCESSIBILITY FOR To be consIdered for award, the offered site andlor bUlldmg(s) must comply with the standards for THE DISABLED new constructlon set forth by 28 CFR Part 36, Includmg Appendix A, The Amencans WIthDlsab,htles . Act Accesslb,hty Gu,dehne (ADAAG), and any local and state codes If the standards and guIdelInes - COnflict, follow the marc stnngent code requirements

45 FLOOR PLANS AFTER W,thm 40 calendar days after occupancy, two copIes of'(one-eighth/one-fourth) Inch per feet as-bullt OCCUPANCY full floor plans and autocad or DXF fonnat diskette, ,f available, shOWingthe space W1derlease as well as comdors, stairways, and core areas must be proVIded by the Lessor to the CED Also subrmt two COPICSof the Site plan at a mmll11um scale of one mch="(20/40) feet consIstent With the aoove requirements

46 PARKING Offerors must make available for FSA employees the number of parkmg spaces specIfied m (parking Requirements) or that prescnbed for the bUIlding by zonIng regulanons In effect as of the date of thIS sohcllallon (wlnchever ISgreater), based on the percentage of the total arnoW1t of space In the buddmg occupied by the FSA_ On-SIte parl

AU parkIng areas will be paved and have dusk-to-dawn seeunty hghnng The offeror shall furrush parlong to meet local codes, at no addinonal cost to FSA All parkmg will afford 24-hour access and egress, 7 days a week, The parking areas shall COnsIstof an all-weather hard surface

• Concrete curb and gutter shall be prOVIdedaround the penmeter of the parking area to control drainage No water mil be allowed to collect and stand at any POintm the parking areas_ Concrete SIdewalks shaU be prov,ded from the parktng areas to the butldmg entrance(s) They shall be converuent and meet all aceesslblhtv r~Ulrements

~~LESSO~~ CCC-79 (06-04-97)Page 15 of 30~~

j 8 PARTITIONS PanltJons shall be provided as follows Permanent partitions (structuraJ ceiling to structural floor) shall be proV1ded as necessary to surround staus, comdors, elevator shafts, tOIlet rooms,janJtor closets, and those areas otherwise required by law or bUIlding code

~~SubdIVIding pamnons (fimshed ceiling to finished floor) must be provIded as specified In (SpecIal Requirements) of thiS SFO~~

PartItIon reqUIrements may be met With eXlstmg part1tlOns If they meet the required codes. standards, and the FSA layout. Heating, ventilatIon, and air condlUonmg systems (HV AC) balancmg must be accomplIshed after mstaUanon of partltlons

5 9 FLOOR COVERING AND Floor covering shall be carpet, except as otherwise speCIfied In thiS SFO Floor penmeters at PERIMETERS pannlOns must have wood, rubber, Vinyl. or carpet base Any exceptIOns must be approved by the CED

~~(I) Floor covenng When floor covenngs must be newly Installed or changed, samples must be approved In advance by the CED~~

~~(2) Concrete floor Garage/shop areas WIthconcrete floors must be sealed With at least two coats of clear sealer~~

~~(3) ReSIlient flooring. Storage areas. vestIbules, computer room, food service room, and the telephone room must be covered With Vinyl or Similar floor covenng Sample must be approved by the CED~~

~~(4) CeramIC tde. Terrazzo and unglazed tIle and/or quarry tile must be used In aJl toilet and service areas unless another covenng tS approved by the CED~~

(5) Carpet. Carpet must cover balance of the space If the carpet WIllbe newl y Installed, carpeting must be of a quality which IScustomary to the Industry of first class, antI-stanc office carpet WIth a manufacturer's warranted hfe expectancy of 10years and meet ADAAG requirements. The use of eXIstIng carpet may be approved by the CED, and the carpet must be cleaned before occupancy -

Lessor Will be responsIble for floor covenng replacement as required throughout the term of the lease. when requIred by the CED for reasons related to serviceability, safety, or appearance. ThIs mcludes mOVIng and return of furnIture.

~~5 10 ACOUSTICAL .- Intenor waJIs swroWldmg restrooms, mechamcal spaces, conference rooms, and meetIng rooms shall REQUIREMENTS have an STC raung of 45 or greater~~

~~Any SpeCialacousucal requlfements shall be addressed In (Special ReqUirements)~~

~~j II WALL COVERINGS Wall covenngs shall be cerufied to comply WIthflame spread reqUIrements of the acplicable code(s).~~

j 12 WINDOW TREATMENT All e)(lenar wmdows shall be equIpped WIthWindowtreatment commensurate WIththe building desIgn and decor The treattnent must be of standard or better quality, meeting or exceedmg safety standards, and 1nsta1ledper manufacturer's InstrUctiOnsand generally accepted budding standards

~~The use of eXlSUngWindow treatment must be approved by the CED~~

5 13 FLAGPOLE If the FSA ISthe sole occupant, an extenor flagpole shall be provlded at a locatIon to be approved by the CED The flagpole shall extend a mlOimum of30 feet (914 m) above the ground The flag WIllbe prOVided by the FSA Lessor shall prOVidea spotlight on the flag to be SWitchand photocell controlled

~~60 MECHANICAL ELECTRICAL PLUMBING~~

6 1 MECHANICAL, The Lessor shaH provlde. operate. and mamt:un all bUlldmg equIpment and systems U\ accordance WIth ELECTRICAL, applIC3ble technical publIC3tIons, manuals, and standard procedures. Mains, lines, and meters for PLUMBING GENERAL utilIties shall be proVIded by the Lessor Exposed duets, piping, and condUItSare not pemutted In office space

~~lEssa~F~ CCC·79 (06-04-97)page 17 of 30~~

65 HEATING AND AIR Temperarures shaJl be mamtalned between 65 and 70 degrees FahrenheIt (18 and 210 C) dunng the CONDITIONING healIng season and betWeen 76 and 80 degrees FahrenheIt (24 and 270 C) dunng the coolmg season These temperarures must be mamtamed throughout the leased premIses and serllce areas, regardless of outside tcmperarures. dunng the hours of operanon specified In afthls SFO

Dunng nonworkmg hours, heatmg temperatures shall be set no higher than 55 degrees Fahrenhelt (13° C) and arr condmonmg Will not be provided. except as specified In Sectlon 9 Thermostats shall be secured from manual operallon by key or locked cage. The Lessor must provide a night set-back temperature control system, mcludmg a 7-day ume sWltch and night thermostat.

Heatmg systems shall not be operated to mamtam temperarures above 70 degrees FahrenheIt (210 C) and coolIng systems shall not be operated to achieve temperatures below 76 degrees FahrenheIt (240 C) The heaong and atr condlllonmg systems must be deSIgned to overcome the bUlldmg mertla on the next occupied cycle wrthm at least 150 minutes. HeatIng energy shall not be used to achieve the temperature specified for coolIng. and coolIng energy shall not be used to achieve the temperature speCified for heatmg Areas haVing excessive heat gam or heat loss, or affected by solar radiation at different tImes of the day. shall be Independently controlled

Zone Control IndiVIdual thennostat control shall be prOVided for office space with control areas not to exceed -1200 square feet (-186 m2) In penmeter and mtenor areas. Areas which routmely have extended hours of operanon shall be enVIronmentally controlled through dedIcated healIng and atr- condltlOmng equipment. SpecIal purpose areas (such as photocopy centers. large conference rooms, etc) WIth an Intemalload In excess of 5 tons shall be Independently controlled Concealed load In excess of 5 tons shall be mdependently controlled. Concealed package alr-condItlomng equipment shaH be proY\ded to meet 10cahzed spot coohng of tenant s~\al equlpment. Portable space heaters are prohibIted from use.

~~W,thm 30 days after occupancy, the Lessor shall have the HV AC baJanced by a hcensed engineer and the report shall be submItted to the CED~~

66 VENTILATION OutsIde atr shall be proVIded to all office space In accordance WIth the Code Economtzer cycle free coohng. usmg outsIde alr, should be used for coolmg An automatIc 3.1r economIZer cycle must be prOVIded In bUlldmgs m excess of*IO,OOO square feet (929 m') of occupIable office space. Conference rooms of 400 occupIable square feet (37 16 m') or greater shall be prOVIded WIth a dedicated soW"Ceof ventJlauon.

6 7 ELECTRICAL GENERAL The Lessor shall be responsIble for meetmg the apphcable reqUIrements of the latest ver.;lon of the Nanonal Electncal Code, the Naoonal Eleetnc Safety Code, standards of the NabonaJ Electnc Manufacturer.;' Assoclabon, Insulated Power Cable Engmeers' AssOCIabOn, the Amencan Insl1tute of Electrical Engtneers, and local codes and ordmances. When codes conihet, the more strmgent standard shaJl apply Matn somce facdlbes will be enclosed or of the loclang type. The enclosure may not be used for storage or other purposes and shall have door(s) fitted WIth an automabc deadloclang latch bolt WIth a mmImum throw of 1/2 mch (127 em)

A groundmg electrode system WIth a resIStance to ground of 10 ohms or less, regardless ofsotl mOIsture, ISrequired. ResIstance to ground must be measured dunng the cInest pornon of the year for venficanon

~~Lesso~~ CCC-79 (06-04-97)Page 19 of 30~~

6 10 LlGHTlNG General Area Fluorescent fixtures WJth energy s3vmg baJJastsand T·8 rubes uSing no more than 2.0 watts/square foot shall be provided or meet local or state reqUirements. whichever 15 most stnngent. Such fixtures shall be capable of prodUCing and maIntaInmg a umform hghung level of 50-foot-candles at working surface heIght (throughout the space) A hghllng level of at least 20 foot-candles at working surface level should be maIntamed In camdors provIding Ingress and egress to the FSA- leased space 10 foot-candles or mlmmwn levels suffiCIent to ensw-e safety should be mamtaIned In other nonworkmg areas When the space IS not In use by the FSA. lOrenar and extenor lighting, except that essential for safety and secunty purposes, shall be turned off

BUlldmg entrances must have a SWItch, monon sensor, and photocell control With energy savmg hghung Parkmg areas must have switch and photocell control with energy s3Vlng ballast and lamps Ballasts are to be thermally protected, VOltage regulatIng type, listed and approved Other energy s3vmg techniques are encouraged

Outdoor parking areas shan have a ffiInlmwn of·one foot-candle oflllummauon Dusk to dawn eXlenor hghllng shall be HID type hIgh pressure Sodium for generallilummallon and secunty hghllng Use Metal Haltde where color rendltIon ISrequIred Indoor parkIng areas shall have a mmlmum of 10 foot-candles of lliummafJon

~~6 II SWITCHES SwItches shall be (ocated on columns or walls by door openmgs In accordance WIth the requuements oftheADAAG~~

Multilevel switching shall be prOVidedm all offices requmng two switches per bank ofhghts Each switch controls one ballast m each two ballast hght fixture provldmg 00 a four-tube light fixture 50 percent light with one SWItchon, 100 percent With both switches on. The Lessor should conSIder usmg three-tube light fixtures whIch would prOVide33 percent, 66 percent, or 100 percentlightlDg levels WIth two switches.

Lightmg In restrooms shall be SWltched (on/aft) USing automatIc hght control mOUon detector SWitches and a wall SWitch Rooms With more than one means of Ingress shall be prOVIdedWith either three- way or four~way sWItches as appropnate , 612 ELEVATORS The Lessor shall prOVIdesuitable passenger elevator servIce It> all multilevel FSA leased space_ One passenger elevator shall be aVOllableat all tunes for FSA use The ESA shall be gJven 24-hour I advance notIce Ifthe service IS to be mterrupted more than 1-1/2 hours. Nonnal service interruption [ shall be scheduled outsIde of the FSA's normal worlang hours The Lessor must also use best efforts to I minImize the frequency and duratIon of unscheduled fntenuptIons.

Code: Elevators shall conform to the current ed,llOns of the ASME standard for elevators and escalators, except that elevator cabs are not requIted to have a V1SUalor audJble signal to notIfy passengers dunng automallc recall, and elevator lobby smoke detectors must not aCllvate the budding fire alarm system, but must sIgnal the fire department or central statIon services and capture the elevators The elevator shall be Inspected and matntamed In accordance WIththe current requtrements of the Amencan NatIOnal Standard A 17 2, Inspector's Manual for Elevators

~~Entrance- The elevator entrance should proVlde a dear openmg of at least 36 mches (91 em) The mSlde measurements shall be a mInunurn of 51 mches (130 em) deep and 68 mches (173 cm) Wlde~~

~~Call Buttons Call buttons shall comply Wlththe Umform Federal Accesslblhty Standards (41 CFR 101-19 6) or Amencans WIth Dlsablhttes Act AccessIbIlIty GUIdelines, whIchever ISmore stnngenl~~

Safety Systems Elevators are to be eqwpped WIthtelephones or other two-way emergency slgnalmg systems The system used shall be marked and reach an emergency commumeatlon locanon manned dunng normal operatIng hoW'Swhen the elevators are In semce When FSA occupancy IS three or more floors above grade, automaCJcelevator emergency recallls requrred

~~Speed The passenger elevators must have a capacity to transport 10 5 mmutes 15 percent of the normal populatIon of all upper floors (based on I~~

~~Interior finIShes Elevator cab walls and floor must have a fimsh acceptable to the CED LILI,~ ~. LESSOR I Il...7FsAJ 0 l' ,J. CCC-79 (06-04-97)Page 20 of 30~~

~~7 0 SERVICES UTILITIES MAINTENANCE~~

7 1 SERVICES UTILITIES The Lessor must have a bulldmg supenntendent or J locally desIgnated representative avaIlable to MAlNTI:NANCE promptly correct deficlcncles GENERAL _6:00 5:00 72 NOR.,\1AL HOURS Services, uullues, and mamtenance Will be prOVideddally, extendmg from" __ am to - __ pm. except Saturdays, Sundays, and Federal Holidays Access to space will be required "n hrs a day, .. 5 days a week

~~73 OVERTIME USAGE The FSA shall have access to the leased space at all times, mcludIng the use of eJevators, toilets, lights, and small busmess machmes Without addmonal payment~~

74 PLUMBING AND Plumbmg and sewage service must be proVided and systems must be operated and servIced an SEWAGE DISPOSAL conformity to state and local codes Dnnkmg water must meet all state regulations reqUired of a publJc SERVICES community dnnkmg water system for pnmary and secondary contarmnants. even lfthe system dasslficatlOn 15other than public commumty

~~75 UTILITIES (1) The Lessor shall ensure that utIlItIes necessary for operatIon are prOVided, and all assocIated costs are Included as a part of the established rental rate~~

(2) Utl!ltles furnIshed by the FSA Where a utilIty, publIc or pnvate, ISto be paid for by the FSA, the Lessor must, at Lessor's expense, furmsh and Install separate meter for each USDA Agency measunng each utIlIty consumed In servICIng the space leased, or for any SpecIal purposes, as requIred In thiS SFO ProratIon ISnot pemutted

76 MAINTI:NANCE AND The Lessor ISresponsIble for the total mamtenance and repau of the leased premIses. Such TI:STING OF SYSTI:MS mamtenance and repairs Include those reqUiredfor the budding, the Site,.and any pnvate access roads All equipment and systems, that are part of the rental consideration. shall be maintaIned to prOVIde reliable, energy effiCIent SCTVlceWIthOutunusuaJmterroptJon, disturbmg nOises, exposure to fire or safety hazards, uncomfortable drafts, excessIVe air velOCIties or nOISes, or unusual emISSions of dirt. The Lessor's maIntenance responsIbilIty mcludes initial supply and replacement of all supplies, matenals, and equipment necessary for such maintenance Mamtenance testIng and mspeeuon of appropnate equipment and systems must be done accordmg to applicable codes, and inspection certificates must be dIsplayed as appropnate

Without any addll10nal charge, the FSA reserves the nght to requIre that once a year, Wtth proper - notIce, the Lessor to test such systems as fire alarm, spnnkler, emergency generator, etc., to ensure proper operal1on, Upon request, appropnate operanons and maIntenance manuals shall be made avadable for the FSA's revIew dunng these tests These tests shall be Witnessed by a representative of

~~theCED r~~

~~LES~ CCC-79 (06-04-97)Page 22 of 30~~

79 RECYCUNG Where State and/or local law, cade, or ordmance requIre recychng programs for the space to be REQUIREMENTS provided pumunt to thIS SFO. the successful offeror shall comply WIthsuch Slate and/or local law, code., or ordmance accordmg to the paragraph or the Genera! Clauses entitled "Comphance With Apphcable Law" In all other cases, the successful offeror shall es1abltsh a recycltng program 111 the leased space Wlless It IS economically unfeasIble to do so Accordingly, the successful offeror shall complete the "Recychng RepresentatJon (FEB 1994)" The Lessor agrees, upon request" to provide the FSA WIth addmonal mfonnauon concernIng recychng programs mmmamed In the bUIlding and the leased space"

7 10 SNOW AND ICE Remove snow and Ice from entrances. extenOr walks, and parkIng lots of the bUIldmg before 6:00 a.m REMOVAL Mamtaln entrances, Sidewalks, including all designated accessible routes. and VISitOrparkmg as required dunng nonnal workmg hours

7 II LANDSCAPING Performance WIllbe based on the CED's evaluallon of results and not the frequency or the method of "1 "'INTENANCE performance Landscape mamtenance is to be performed during the growing season on a weekly cycle and Will COnsistofwatenng~ mowmg. edgmgltnmmmg. and polIcmg areas to keep It free ofdebns Prunmg and ferllhzatIon are to be done on an as-needed basis. Dead or dymg plants are 10 be replaced

712 SECURITY The Lessor shall proVIde a level of secunty whIch reasonably deters unauthonzed entty to the space leased dunng noonude hours and deters IOltenng or dIsruptive acts In and aro1.Uldthe leased space dunng duty hours Off-street, ground level W1I1dowsand those accesSIble from fire escapes, adjacent roofs, and other structures that can be opened shall be fitted WItha sturdy lockmg deVIce Locks on Windows or doors leading to fire escapes shall be a type that can easIly be opened from wlthm the buIldmg WIthoutany spcclal knowledge or effort.

~~8 0 SAFETY AND FIRE PREVENTION~~

8 I CODE VIOLATIONS EqUIpment, SerVICes,or utlhlles fumlshed and actlVltles of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, they must be promptly corrected at the Lessor's expense -

82 PORTABLE FIRE Portable type fire extmguIshers meellng requITCmentsofNFPA Standard No 10 shall be prOVIded EXTlNGU1SHER and mamtamed by the Lessor. lrullal and replacement charges for fire extmgulShers shall be prOVIdedby the Lessor lnspeCl10n(quick check) and mamtenan~thorough check) of these exl1ngulshers shall be done in accordance with NFPA Standard No 10 . 83 STANDPIPES - StandpIpes shall be proVIded when FSA occupancy ISfour or more floors above grade and shall conform to NFPA Standard No 14 StandpIpes shall be located 10 stauwells and shall be equipped WIth a 2-112-mch (6 35 10) valved outlet at each floor level

~~84 SPRINKLER SYSTEM Automauc spnnkJer reqUirements are as follows:~~

~~(1) Regardless of the amount of space, when the FSA leases space on the 6th floor or above, all floors up to and including the floor of occupancy must be spnnkle red~~

~~(2) All floors on which the FSA OCCUpIesbelow grade space, regardless of the amount, must be spnnkled~~

Wherever reqUIred 111 the buIlding, automanc spnnklers shall conform to NFP A No 13, be mamtamed in accordance Wlth NFPA No I3A, have electncally SUperVISedcontrol valves (NFPA No. 13), and have water-flow alarm SWItchesconnected to automallcally nOll!ythe local fire department (NFP A No 72C or 72C) or central stallon (NFPA No 71) The nOllfical1onof the fire department or central stal!on must be accomphshed through the buIldmg fire alarm system and the central stallon facIlIty must be listed by Underwnter's Laboratones, Inc or any other approved nallonally recogmzed testmg laboratory.

~~IESS:L~ CCC-79 (06-04-97)Page 24 of 30~~

8 12 BULK SAMPLE For space In bUildIngs contalOing Asbestos ContainIng Matenals (ACM), as defined In GSA Form .\NAL YSIS 3518. offerors must Include WIth their offer (wlless the time frame is otherwise extended by the REQUIREMENTS CED) an asbestos tesltng report. acceptable to the CEO The asbestos tesung report must COnsistof the IdentIty and eVIdence of the quahficauons (educacon and expenence) afthe person collecung bulk samples, the bulk sample log, and, If apphcable. an abatement plan prepared. The samples must be analyzed by a laboratory whIch has successfully particIpated In the EnVIronmental Protecuon Agency (EPA) Quality Assurance Program

Successful partlclpauon ISdefined as paroclpatlon In at least 2 of the last 3 roWlds 10 the EPA program and have correctly analyzed at least 75 percent afthe samples tested In these rounds All acuon taken to ensure compliance With thiS requirement shall be accomplished at no expense to the FSA

813 OSHA REQUIREMENTS The Lessor agrees to comply WithOccupational Safety and Health AdmInistration (OSHA) Safety and Health Standards which are located at Title 29 of the Code ofFedera! Regulations (29 CFR)

~~lESS~ CCC-79 (06-04-97)Page 25 of 30~~

~~90 APPLICABLE FAR CLAUSES~~

91 CLAUSES BY TIus soJJcJtaoon mcorporares the foJlowmg clauses by reference, WIth the same force and effect as If REFERENCE they were given In full text. COPies of the followmg clauses referenced from the Federal AcquIsItIon Regulanons (FAR) may be acquired from FSAlMSD. Washmgton, D C

52203-13 102 OffiCials Not to Benefit 52203-33202 Gratulues 52 203-73 502 Ant,·Ktckback Procedures 52 203-93 104 Procurement lntegnty 52.203-12 Llmn.atlOns on Payments to Influence Certam Federal Transactions 52204-34904 52204-34904 Taxpayer Identification 52 209-69 409 Debarment, SuspenSIon, Proposed Debarment, and Other ResponsIbilIty Matters 52215-2215804-8 Pnce Reduction for Defecuve Cost or Pncmg Data 52215-2415804-8 Subcontractor Cost or PriCIng Data 52219-819708(a) UtlhzatIon of Small BUSiness Concerns and Small DIsadvantaged BUSiness Concerns 52219-919708 (b) Small Busmess and Small DIsadvantaged Busmess Subcontractmg Plan 52219-1019708(c)(I) Incentlve SubcontractIng Program for Small and Disadvantaged BUSiness Concerns 52219-1319902 Utlhzanon of Women-Owned Small BUSiness 52222-2622810(e) Equal Opportumty 52222-35221308 AffirmatIve Action for SpecIal DIsabled and Vietnam Era Veterans 52222-3622.1408 AffirmatIve Action for Handicapped Workers 52.223-2 23 I05(b) Clean Alr and Water 52 223-6 23 505 Drug Free Workplace 52.232-23 32.806(a) Asslgrunent of CI .. ms 52233-133.214 Disputes cce- 79 (06-04-97)page 26 of 30

~~US. DEPARTMENT OF AGRICULTURE CommodIty Credit CorporatIOn~~

~~PROPOSAL TO LEASE SPACE 1 PROPOSAL FOR (Name ofFIeld Office) 2 BUILDING NAME AND ADDRESS FORT BEND~~

~~A USDAIFSA 1432~~

~~B USDN NRCS - DOCKS UNLIMITED 2536~~

~~C USDN SOn. SURVEY 1557~~

~~D USDN~~

~~E USDN~~

~~F USDN~~

G Grand Total USDA Space 5525 .. .~~------~ -, - . - ". ~ . - H Number ofParlang Spaces 58 ~ - - 4 SPACE AND IDENTIFICATION OF SPACE OFFERED- 4A ROOM NUMBERS, FLOORS. ETC 4B PARKING SPACE LOCATION ONE Sl'CIlY BUIIDllI; (BRICK) soum, roR1H AND EAST SIDES OF FACILITY. OPEN CONCEPT, EXCEPfloo OF SOIL SUR

5 DELIVERY OF SPACE AND PARKING 6 RENT AL RATE FOR INIT1AL TERM (Rate per square (Number of Calendar Days From Dale of Lease Award) foot per annum) S 11.00 er s uare foot 7 RENEWAL OPTION(S) OFFERED ...... -- ._... YESW NoD

8 TERM(S) OF RENEWAL OPTION(S) OFFERED A Number of optlon(s) 1 B Duration of each ophon(s) 5 YRS C Rental rate S a 9 2 PER SQUARE FOOT PER ffiNTII NOTE Renewal optlOn(s) may not exceed a total of 5 years 9 RATES OFFERED FOR FULLY SERVICED LEASE 10 SERVICES NOT INCLUDED IN RENT YES D NO mA lJTILIT1J'S (f''NO'', complete Item 10 B

12 COMMENTS BUIIDllI; IS LOCATED 00 FORT BE2ID COUNTY FAIRGROUNDS,a¥NED BY FORT BE2ID COUNTY. FACILITY IS LOCATED WTIlIIN 5 MINUTES OF ROSENBERGPOLICE AND FIRE STATIONS. FACILITY Will, OO1pLY WTIH UNIFORM FFDERAI, A

~~_ESS~ CCC-79 (06-04-97)Page 27 of 30~~

100 REPRESENTATIONS AND CERTIFICATIONS 101 BUSINESS AND SMALL (1) The offeror DISADVANTAGED IS, a smaJl business concern BUSINESS CONCERN D IS not, o "Small busmess concern," as used In thiS proVIsion means a concern that 1$ not dommant In the field ofleasmg commercial real estate, and has annual average gross receipts efS} a mllhon or less for the precedmg three fiscal years

(2) The offeror IS, o IS not, [2] a amaH disadvantaged busmess "Small dIsadvantaged bUSiness concern," as used In thiS proVIsion means a small busmess concern that ISat least 51 percent owned by one or more mdIvlduals who are both socIally and economIcally dIsadvantaged 10 2 SPECIAL TAX INCENTIVE Quahfied smalJ busmesses may be elIgIble to receIve an annual tax credIt to comply WIth acceSSlblhty ReqUirements under the Amencan Wtth DisabilIty Act of 1990 (SectIon 44 of Internal Revenue Code) 103 WOMEN-OWNED The offeror represents that the concern IS, IS not, I V'( women-owned busmess BUSINESS o "Wome:n~owned," as used m thIS proVISIon. means a small busmess that IS at least 51 percent owned by a woman or women who are U S citizens and who also control and operate .the bUSIness

104 AFFIRMATIVE ACTION The offeror represents that. / COMPLIANCE (I) He/she D has developed and has on file, IVi has not developed and does not have on file, at each establishment affirmatIve actIon programs required by the rules and regulatIons of the Secretary of Labor (41 CFR 60-1 and 60-2), or (2) He/she W has not prevIously had contracts subject to the wntten affirmative aCllon aro""""5 reoulrement of the rules and re2Ulanons of the Secretary of Labor 105 CERTIFICATION OF The offeror agrees that helshe WIllnot d1scnmmale by segregatIon or otherwise agamst any person or NONSEGREGATED persons because of race, color, religIOn, age, sex, or nanonal ongm In furnIshmg, or by refusrng to FACll.ITIES furnIsh, to such person or persons the use of any faCIlIty,mcludmg any and all services, pnvileges, accommodatIons, and aetlvltles proVIded thereby 106 EQUAL OPPORTIJNITY The offeror will not dlscnmmate agaInst any employee or apphcant for employment because of race, color, rehgJo~ age, sex, or nanonal ongm. 10 7 DRUG-FREE WORKPLACE The offeror's workplace wdl be free from illegal use, manufacnue, possesSIon, or dlstnbunon of controlled substances (as defined m the Controlled Substances Act (21 USC 812)) 108 RENTAL RATES All rental rates offered herem mcludmg renewals, IOclude all Items, serviCes, supplies, unhues, and mamtenance as speCified In thiS sohcItatIon. 109 INDEPENDENT PRICE The pnces m thiS offer have been arnved at mdependently, WIthOut,for the purpose of commUnICatIon, DETERMINATION agreement.. or restnctmg compeUtJon Withany other offeror or competItor relatJ.ng to (a) those pnces, (b) the mlentlon to submIt an offer, or (e) the methods or factors used to calculate the pnces offered

~~LESS~ CCC-79 (Ob-04-97)Page 29 of 30~~

10 18 CERTIFICA nON The offeror certifies that the offeror andlor any of Its Pnnclpals- REGARDING (1) Arc Oarenal G presently debarred, suspended. proposed for debarment, DEBARMENT, SUSPENSION, or declared mehglble for the award of contracts by any Federal agency, PROPOSED (2) Have 0have not G,wlthm a 3-year penod preceding thiS offer. been DEBARMENT, AND convicted of or had a C1VIIJudgment rendered agamst them for commiSSion of fraud or a OTHER cnmmal offense In connection wlth obtammg. attempting to obtam. or performing a public RESPONSffiILITY (Federal, State, or local) contract or subcontract, violation ofFedcral or State antitrust M-\.TTERS staUltes relatIng to the submiSSIOn of offers, or commiSSion of embezzlement, the~ forgery, bnbery, faJSlfic3uon or destructIon of records, makmg false statements. or recelvmg stolen

~~property I and~~

~~(3) Arc Oarenat Bpresently mdlcted for, or otherwise cnmmally or CIVilly~~

~~Charged by a governmental entity WIth, commiSSion of any of the offenses enwnerated In subdiVISion (B) of thiS prOVISIon~~

1019 mSTORIC BUILDING SITE The offeror certIfies that the offered bUIlding was not owIll not be G constructed on a Natlonal Hlstonc BUlldmg site or on a certified archaeological site, Without the approval of the State Hlstonc Preservatl0n Officer -

~~James C_ Adolphus, County Judge~~

~~DATE S;;;F OF OFFEROR TITLE ~ - {- 19 C./L/ . FDr--!- &,,~ Co"'-~ 0:c1.5 e--~~

~~LES~~ CCC-79 (06-04-97)Page 30 of 30~~

~~U 5 D~PARTMENT OF AGRlCUl TUR~ COUNTY ANO STATE NAME Commodity Credit Cot'pOr3tlOn FORT BEND TEXAS~~

~~2 DATE OF REQUEST SPACE INFORMATION MAY 18, 1999~~

3 qeQuesled Date Of OCCupancy 5 Requested Renewal Options 6 Type of lease (IndlC3fe requested lease agreement) Month Day Year Number length , yr WIth renewal o F"mTe,m[i] 9 1 2000 5 YRS 1 5 Month-I~month rental DFree/Reduced D renl 7 Numoer of Offioal Vehldes 8 Employee ParkIng Spaces 9 Client Par1clng Spaces 10 Total Par1

~~2 AERLAL PHOTOGRAPHY/DARK ROOM -Space used for the photogrammetndaenal phOtography workstation 200 150~~

~~J SHARED CONFERENCE ROOM 59 103 63~~

~~4 INFORMATION/RECEPTION AREA 37 107~~

~~S SHARED MAIUSTQRAGE SPACE·Space used exdusrvely rOt staorage and ma~lngadMbes 158 238 210~~

~~6 SHARED AUTOMATED DATA PROCESSING ROOM.space set ilSIde for computer 78 138 84~~

~~7 SHAREDIBREAK ROOMoSpace used for confidennal meetings WIth producers and as a break room to be used by all agenaes SAME AS SHARED CONFElUi2I:E RtnI.~~

~~8 Other Agency Speaal Use Space LAB AND E:lrmA STORAGE 300~~

~~9 TOTAl SPACe.sum of rtems 1 through 8 1432 2536 1557 .JUNE I. I 999~~

~~'- 14. EXTENSION SERVICE: CODlliderapproving the issuance oCcertificates oC obligation Cor the cODlltructionoCthe Fort Bend County One-Sbop Agricultural Center in the amount oC $1,355,330.00.~~

Moved by ColIlIIllSSionerO'Shieles, Seconded by CommiSSIOnerPrestage, duly put and nnaDlmously carried (5-0), it is ordered to authorize the issuance of certrlicates of obligation for the construction of the Fort Bend County One-Shop Agricultural Center (17,000 square feet) for Extension Services in the amount ofS1,400,OOO.OOsubject to lease agreements signed by federal government as presented by Bouche Mickey, County Extension Agent.

~~NOTE County to be reimbursed from rental fees (5 year leases with 5 year renewal opnon)~~

~~Judge Adolphus yes Commissioner Meyers yes Commissioner Q'Slneles yes Commissioner Patterson yes Commissioner Prestage yes~~

Moved by CommiSSIOnerQ'Slneles, Seconded by Commissioner Prestage, duly put and unanimously carried (5-0), it ISordered to amend previous motion to «subject to receiving Letter of Intent signed by federal government and review by County Attorney "

~~Judge Adolphus yes Commissioner Meyers yes Commissioner Q'Slneles yes CommisSloner Patterson yes CommisSIoner Prestage yes~~

15. JUSTICES OF THE PEACE PCTS. 1, 2, 3 & 4: A. Consider approving the creation oC two Culltime death investigator positions to conduct inquests. B. Consider declaring an emergency and amending the budget to Cundthe death investigator positions. C. Consider appointments to the two Culltime death investigator positions.

~~Postpone unttl June 8~~

~~6 FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITIED 12106/00 DEPT SUBMITIED BY HR DEPT DEPT PHONE NUMBER 281.341.8619 COURT AGENDA DATE 12/12/00 AGENDA ITEM # J:kl£:O~~

~~SUMMARY OF ITEM (Consent Agenda)~~

~~RECLASSIFY POSITION 003-0027 IN THE TAX ASSESSOR/COLLECTOR DEPARTMENT FROM A CLERK III (pAYGRADE 6) TO A CLERK II (PAYGRADE 5)~~

~~RENEWAL CONTRACT / AGREEMENT Yes( ) No (X)~~

~~LIST SUPPORTING DOCUMENTS ATTACHED (Back-up documentallon must be attached for consideration) TAX ASSESSOR/COLLECTOR'S LETIER~~

~~FINANCIAL SUMMARY~~

~~BUDGETED ITEM ANNUALIZED DOLLARS COMMENTS~~

~~Yes () No () N/A () One Time ()~~

~~Funding Source Recumng ()~~

~~Fund Agcy ObJed N/A ()~~

~~Onglnal Fonn Submitted with back up to County Judge's Office Yes (X)~~

CC with back up Yes (X) Auditor (281-341-3774) Yes (X) Comm Pd 1 (281-342-0587) Yes (X) Budget Officer (281-344-3954) Yes (X) Comm Pct 2 (281-403-8009) Yes (X) County Attomey (281-341-4557) Yes (X) Comm Pct 3 (281-242-9060) Yes () Purchasing Agent (281-341-8642) Yes (X) Comm Pd 4 (281-980-9077) Yes (X) County Clerk (281-341-8697)

~~Instrudlons for submitting an Agenda Request~~

1 Completely fill out agenda fonn Incomplete forms Willnot be processed 2 Fax or Inter-office copies of agenda form wrth all back up information by Wednesday, 2 00 pm to the departments listed above 3 All onglnal back-up must be received In the County JUdge'sOffice by 2 00 pm, Wednesday

~~RECOMMENDATION / ACTION REQUESTED~~

~~TAKE ACTION AS RECOMMENDED BY HR. MARSHA P. GAINES Fun Hcnd (oun£)' la\ A.'''~''4nrfC(lllecror f" U Box 399 Ru:hmolld leus 77406.()J99 AS PER ORIGINAL (711)1~I·J111l ~.. (71J1341·~~b7~~

~~TO: JiIlJ.);fuq-. dJ01l"ll"'li~~

~~FROM: l..anruo..w,.y,lAvm:oS~ TaxOfli:e~~

~~Fllix:u\c~4·2I1.U P"'*Xumw(ll3.{l)Z7 ""nbcu,·laesifi.od fiomaCbk m·AulU t> aClclk rr·AUlo.1lv:~ ~ WoIl cl.'ffiilie~~

"'AI~M~ HJt.J.ll OIPlOlfUCVT QPPORTUNI1VStATEMENt ~Qfll OeNC' COuNT'" DOC:; "rt)J ':J",,(MJMlNAr~ ON lHf. ~1S 01' R.ACC COCOA tuoTlONaa rJf'll(J" ~~x.I1ll..IOK)N AGE OR ~BLfTY IN e:""~UI'l''''''~' OR ,"' .. ""')\II~Ql\l Oil"5fRII ...... e:5 20·d S92£ 8£2 T82 ~,lgOWOin~ ~JlddO X~i J8d ~LS:TT 00-90-~eo FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE

~~DATE SUBMITIED 12106/00 DEPT SUBMITIED BY HR DEPT DEPT PHONE NUMBER 281.341.8619 COURT AGENDA DATE 12/12100 AGENDA ITEM # =:lkti~~

~~SUMMARY OF ITEM~~

~~APPROVE THE SALARY ASSIGNMENT FOR A NEW HIRE IN THE SHERIFF'S DEPARTMENT (POSITION 027-0267 DETENTION OFFICER - CIVILIAN) FROM GRADE 5 STEP 2 TO GRADE 5 STEP 4.~~

~~RENEWAL CONTRACT / AGREEMENT Yes( ) No (X)~~

~~LIST SUPPORTING DOCUMENTS ATTACHED (Back-up documentation must be attached for consideration) HR SUPPORTING LETTER, QUALIFICATION REVIEW WORKSHEET SUBMITTED BY THE SHERIFF~~

~~FINANCIAL SUMMARY~~

~~BUDGETED ITEM ANNUALIZED DOLLARS COMMENTS~~

~~Yes () No () N/A () One TIme ()~~

~~Funding Source Recurnng ()~~

~~Fund Agcy ObJeel N/A ()~~

~~Onglnal Form SubmItted with back up to County Judge's Office Yes (X)~~

CC wIth back up Yes (X) Auditor (281-341-3774) Yes (X) Comm Pel 1 (281-342-0587) Yes (X) BUdgetOfficer (281-344-3954) Yes (X) Comm Pel 2 (281-403-8009) Yes (X) County Attorney (281-341-4557) Yes (X) Comm Pel 3 (281-242-9060) Yes () PurchaSingAgent (281-341-8642) Yes (X) Comm Pel 4 (281-980-9077) Yes (X) County Clerk (281-341-8697)

~~Instruellons for submrttlng an Agenda Request~~

4 Completely fill out agenda form Incomplete forms will not be processed 5 Fax or Inter-office copies of agenda form wrth all back up InformatIon by Wednesday, 200 P m to the departments listed above 6 All onglnal back-up must be received In the County JUdge's Office by 2 00 pm, Wednesday

~~RECOMMENDATION / ACTION REQUESTED~~

~~TAKE ACTION AS RECOMMENDED BY HR . HIm{AN RESOURCES DEPARTMENT FORT BEND COUNTY, TEXAS~~

~~THOMAS MANDERSON. JD SPHR Director~~

~~MEMORANDUM~~

~~TO: James Adolphus, County Judge Bud O'Shleles, CommisSioner Pet 1 Grady Prestage, CommISSioner Pet 2 Andy Meyers, Commissioner Pet 3 James Patterson, Commissioner Pet. 4~~

~~FROM: Becky Rickett, Compensation SpeCialist~~

~~SUBJECT: Reclassification Request~~

~~DATE: December 6, 2000~~

The Shenffs Department has requested that the HR Department review and recommend a salary assignment for a new employee. The posloon thiS employee Will occupy is claSSified as a Detention Officer - CiVilian and IScurrently budgeted at pay grade 5 step 2. According to the qualification review worksheet submitted by the Sheriffs Department, this applicant's Job related expenence exceeds the minimum reqUirements for the Job, and therefore would be eligible for a step greater than what IS budgeted.

~~In reviewing the applicant's expenence against what IS minImally reqUired for the Job, the HR Department recommends salary assignment for this employee at a grade 5 step 4 ($940 79 bi- weekly).~~

~~Should you have any questions, please do not hesitate to contact me~~

~~309 S 4·Street • Suite 515 • 301 Jackson· RIchmond.Texas 77469 • (281) 341-8617 • Fax (281) 341-8615 IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On thiS the day of , 2000, the Commissioners' Court, WIth the follOWing members bemg present~~

James Adolphus County Judge [,0-12-04 P03'24 IN R L O'Shletes CommiSSioner Precmct #1 Grady Prestage CommiSSioner Precinct #2 Andy Meyers CommisSioner Precmct #3 James Patterson CommisSioner Precinct #4

~~The following proceedings were had, to-wnt,~~

~~THAT WHEREAS, theretofore, on October 12,1999, the Court heard and approved the budget for the year 2000 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 following transfers to said bUdget are hereby authorized~~

~~Department Name Justlce of the Peace, Precinct 2 Department # 052~~

~~TRANSFER TO~~

~~LINE-ITEM NAME NUMBER AMOUNT~~

~~Property & Equipment 010052012001010 $2,60000~~

~~TOTAL TRANSFERRED TO .::$ ==:.=...=$2,60000 TRANSFER FROM. I T Hardware 010052012001012 $ 57000 Capital Assets 0100520 1200 1011 $ 2,03000~~

~~TOTAL TRANSFERRED FROM ,:,$ ---''----'='-=''-''''--$ 2,60000~~

~~EXPLANATION 1) Transferring funds to purchase necessary equipment In part, In anticipation of new~~

County software Implementabon(s) 2) Building workstation In small office which will not accommodate regular office furniture 3) Acgutnng needed file cabinet, office and camera eqUipment 4) Acgulnng necessary chair and floor mats to protect carpet which was Installed thiS year

~~DepartmentHead';xlzdu~~ Date _~=/-~L!:"::' _~~

~~\. ROUND OOu.ARS OM- Y~~

~~BY \~~

~~2000 LIT to 1010 Between Categories JUSTICE OF THE PEACE, PRECINCT 2 FORTBENDCOUNTY,TEXAS~~

~~00-12-04 P03-24 IN JOEL C. CLOUSER, SR. (281)403-8080 Judge Fax(281)403-8089 MEMORANDUM~~

~~December 4, 2000~~

~~TO Jim Edwards, Budget Officer James Adolphus, County JU~~~

~~FR Judge Joel C Clouser, Sr Justice of the Peace, Precmct~~

~~RE: Line-Item Transfers, Between Categories To Object Code 1010~~

ThIs memo IS to request that funds be transferred mto Property & Eqmpment (1010) to purchase necessary office eqmpment We have a small office that will not accommodate regular office furmture and have asked Road and Bndge to bmld a workstatlOn to smt the offICespace We need a camera to better document court activIties when we commumcate wIth our public We need a file cabmet to accommodate our constant filmg needs We also need floor and chalr mats to protect our recently mstalled carpet m heavy traffic and workmg areas

~~The funds will be transferred from the followmg obJect codes below, upon your approval~~

~~I T Hardware 1012 $ 57000 Capital Assets 1011 $203000 TOTAL $2600,00~~

~~Your consideration m thiS matter IS greatly apprecIated~~

~~x File~~

\ \PCT2\SYS\HOME\JP2\EVANSAlD\Budget Office\Lme-j\em Transfers\LIT Memo 10 1010 on 001204 doc 303TexasParkway• PostOfficeBox428 • MIs>ounCIty,TX77459 IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000

~~On:h:sthe 12th dayol December . 2000.the Call1TllSSlOOEfS'Court, W1lhthe fdioMng I1'IElTt>ers being present~~

James Addp/lus County Judge R L O'Shoeles CcmmlSsloner Preonct #1 Grady Presta;e CanrmsslOOer PrecInct #2 00-12 -°4 P03'25 IN Mdy Mey"", CcmIT1lSS"""" Precinct #3 James Patle=n ComrrusslCl1Er Precmct #4

~~Tr,e following proceedings were had, to-wnt.~~

~~~-.AT WHEREAS, theretofore, on October 12, 1999, the Court heard and approved the budset for the year 2C{)O fer For. ::end County, and~~

~~'N)-,:::"EAS, on proper applicatIon, the CommIssIoners' Court has transferred an eJOslingbUdget surplus to a bUdse! of E SImIlar kind and fund The transfer does not Increase the total of the budget.~~

~~Tne following transfers to saId budget are rereay authOrized ~Er.ment Name ------_-.:Library Department #.------030 TRANSFER TO:~~

~~LINE-ITEM NAM E NUMBER AMOUNT~~

~~Utllitles 2000 5,000~~

~~TOTAL TRANSFERRED TO: S 5.000 TRANSFER FROM. -----'----- Retirement 0400 5.000~~

~~TOTAL TRANSFERRED FROM _s--'s;..:'c..:0c..:0.:.O _~~

~~to continue paying utilities through December 2000.~~

~~Date: --Jc.::.:=+J--fll.'------~~

~~BY James Adolphus, County Judge (1~~

~~IN THE MADER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On thIS the 12th day of December 2000 the CommISSioners' Court, wTth the folloWing members being present~~

~~James Adolphus County Judge R L O'Shleles CommIssioner Preonct #1~~

~~Grady Prestage Commissioner Preanct '2 Andy Meyers COmlTHSSIOner Precinct fI:3~~

~~James Patterson CommIssIoner Precmct #4~~

~~The following proceedings were had, to-wnt,~~

~~THAT V\lHEREAS, theretofore, on October 12,1999, the Court heard and approved the budget for the year 2000 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 mcrease the total of the budget~~

~~The follOWing transfers to said budget are hereby authonzed~~

~~Department Name Non-Departmental 045~~

~~TRANSFER TO~~

~~LINE-ITEM NAME NUMBER AMOUNT~~

Contingency 045-4040 $76,149 County Clerk 002-0200 $1,457 Dlstnct Clerk 004-0200 $2,683 Human Resources 007-0200 $18,133 BUilding Maintenance 008-0200 $502 Justice of the Peace 1,2 019-0200 $346 JUStice of the Peace 3 021-0200 $4,321 Shenff Enforcement 0270-0200 $248,129 Ammal Control 037-0200 $2,869 Ball Bond Board 039-0200 $1,348 Fire Marshal 040-0200 $2,195 Emergency Management 046-0200 $2,837 Justice of the Peace 2 052-0200 $71 DPS 065-0200 $965 Elections 069-0200 $3,923 Parks 070-0200 $2,645 Commissioner 4 074-0200 $2,684 Health & Human Services 089-0200 $320 TOTAL TRANSFERREDTO~$ ~~~~$371,577

~~TRANSFER FROM- County Judge 001-0200 3,265~~

~~T ax Assessor/Collector 003-0200 5,881~~

~~County Audrtor 005-0200 675~~

~~County Treasurer 006-0200 113~~

~~District Attorney 012-0200 5,169~~

~~Child Support 014-0200 1,466~~

~~Constable 1 023-0200 852~~

~~Sheriff - Detention 0271-0200 249,819 library 030-0200 31,107~~

~~Health Dept 031-0200 6,769~~

~~ExtensIon ServIces 032-0200 1,402~~

~~EMS 034-0200 30,907~~

~~MIS 036-0200 25,235~~

~~Telecommunications 038-0200 5,691~~

~~Engineering 043-0200 110~~

~~PurchaSing 053-0200 1,221~~

~~CommissIoner 1 071-0200 220~~

~~Records Management 078-0200 1,675 TOTAL TRANSFERRED FROM $ $371,577~~

~~EXPLANATION Transfer excess salanes for the fourth quarter to Contingency, and transfer funds mto those departments who Will be short In their salanes Ime Item~~

~~Department Head ~ • ~ Date Q <:. / <- 2 C CD ::,oo"~t1iI!.,fP -_ .... James olphus County Judge o ... 8 o 8 N m o ..... ;:: on :g PI co .. N ..N '"~~

~~...;::~~

~~." o'" 1:<: 0... -.. ",E 0.'".... on N 8 8 18'" '";1; N '" '"~~

~~N '"~~

~~o ."o a."~-.." ",E a.".. ~ '"N 88 00 '" '" I-~ FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED' 12/04/00 SUBMITTED BY. County Attorney AGENDA DEPARTMENT: Purchasmg ITEM COURT AGENDA DATE: I2/IZIOO PHONE NO.: 4556 #dl)~~

SUMMARY OF ITEM: Discuss and take appropriate action on Renewal Agreement between Fort Bend County and Lamar CISD for purchase of certain materials and services through the county's purchasing program.

~~RENEWAL CONTRACT/AGREEMENT Yes (Xl No ( ) LIST SUPPORTING DOCUMENTS ATTACHED YES~~

~~FINANCIAL SUMMARY: BUDGETED ITEM. ANNUALIZED DOLLARS' COMMENTS.~~

~~Yes() No () N/A() OneTIme ()~~

~~Fundmg Source Recurrmg () fund agcy Object N/A () Original Form Submitted with back up to County Judge's Office: Yes ()~~

CC with back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-0587) yes () Budget Officer (281-344-3954) yes () Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697) yes 0 yes ( )

~~InstrnctlOns for submlttmg an Agenda Request:~~

1. Completely fill out agenda form, mcomplete forms will not be processed 2. Fax or inter-office copIes of agenda form with all back up mformahon by Wednesday at 2 00 p.m. to the departments listed above. 3. All ongmal back-up must be receIved m the County Judges Office by 2 00 p.m on Wednesday.

~~RECOMMENDATION / ACTION REQUESTED: THE STATE OF TEXAS § § COlINTY or FORT BEND §~~

~~INTERLOCAL AGREEMENT BET\\ EEN FORT BEND COUNTY AND LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT~~

~~Tills Interlocal Agreement IS entered mto between the County of FORT BEND~~

~~heremafter referred to as "County", and the Lamar Consolidated Independent School Dlstnct.~~

~~heremafter referred to as "Dlstnct"~~

~~WHEREAS, the Dlstnct desires the County's assistance m purchasing certam~~

~~gO' ernmental administrative functions, goods or sef\ Ices.~~

~~WHEREAS, the governing body of the Dlstnct has duly authonzed thiS agreement.~~

~~WHEREAS, the governing body ofsatd Count) has duly authonzed thiS agreement. and~~

~~WHEREAS, thiS agreement IS made pursuant to and under the provIsions of Chapter~~

~~791. Te'\as Government Code, the Interlocal CooperatIOn Act~~

~~:-;OW, THEREFORE, In consideratIOn of the foregoing and further consideratIOn of the~~

~~mumal promises. covenants and cond1l10ns herem County and Dlstnct hereby agree as 1'0110"'5~~

~~ARTICLE I. PURCHASE OF CERTAIN MATERIALS AND SERVICES~~

The Dlstnct appoints County ItS true and lav..ful purchasing agent for the purchase of certam matenals and services through the Count) 's purchasing program. as enumerated through the submission to the County's purchasing agent of a duly executed purchase order order form or rc,olullon ThiS Agreement shall apply only to those matenals and services which the Count) dc, Ires to purchase for ItS own needs and where the Dlstnct desires to purchase the same or

~~,rmtlar matenals and ser\'lces All matenals and ,erVlce, purch,l,ed hereunder shall be m Th~ matellals and services shall b~ proeul~d III accordance wIth procedures gOy~rl1lng~~

~~COll1petlllV~blddlllg by County, and the co,IS fOt matenals and SCI"Ice, PII1Ch,IS~dby Dlstnct~~

~~plll,uant to till> Agr~ell1ent shall be the pnces as renect~d by the low~st responsIble blddel~~

~~ARTICLE II. TERMS AND CONDITIONS OF PURCHASE~~

[n additIOn to the other terms and conditIOns contallled III this Agreement. the goods and sen Ices WIll be purchased III accordance with the terms and conditions and III the quantities set forth III the bid specIfications to be used by County, taklllg mto consideratIOn the amount and kmds of matena[s and servIces requested by the Dlstnct

The County shall be responsIble for the preparation of specIficatIOns. advertisement of bIds and such other admllllstratlve dutIes as may be necessary to faclhtate the matenals and sen Ices hereunder The County shall also be responsible for recelvlllg. openmg and awardlllg of the bids The County promises to consult with the Dlstnct pnor to the preparatIOn of all bids pertammg to thiS Agreement to determme the specific amount and kmd of matenals and services requested by the Dlstnct AdditIOnally. at the Dlstnct's request. the County promises to keep the

~~Dlstnct mformed of the status of all procurements which are the subject of thiS Agreement~~

SpecificatIOns. submittal of bids. tabulations and all other documents relatlllg thereto that pertalll to the procurement of Items m accordance with the terms of thIS Agreement shall be made a\ at/able to the Dlstnct at all reasonable times for lllspectlOn County agrees to pro\ Ide bid tabulatIOns on all appltcable bids

~~1 he County agrees that It shall award the bid. for Item, which II had previously de,lgnated for purchase. to the lowest responsible bidder~~

~~2 Nothll1g herein shall obligate the DISlllct to purchase any matenals 01 sel vIces flom the~~

~~County~~

~~The Dlstnct agrees to buy an: and all sen Ices and matenals covered b: tins Aglt:ement~~

~~e'l.cept those servIces or matenals \\ here the quantIty of such servIce or matenalls less than the~~

~~mmnllum quantlty stated m each bId b) the Vendor~~

~~ARTICLE III. RESPONSIBILITY~~

~~The Dlstnct and County agree that the ordermg of supphes and matenals purchased~~

~~through thIS agreement shall be theIr mdl\ Idual responslblhty and that an) dIspute ansmg~~

~~between mdlVldual successful bIdders and the Dlstnct shall be handled by the Dlstnct and the~~

~~bIdder BIdders shall bIll the Dlstnct dIrectly for the matenals ordered by n~~

~~ARTICLE IV. LIABILITY~~

~~Both partIes shall be hable to the successful bIdder only for supphes or matenals ordered~~

~~by and received by It. and shall not by the e'(ecutlOn of thIS agreement assume an) add!tlonal~~

~~hablhty~~

~~ARTICLE V. PRICE AND PAYMENT~~

~~The goods and servIces will be purchased for the pnce(s) stated m the 100\est and best~~

~~bld(s) receIved and a\\arded by County to Vendor(s) Dlstnct agrees to pay Vendor(s) dIrectly~~

for all goods and sen Ices dehvered or picked up by Dlstnct m accordance \\ nh the pnce spcclfied 111 the bld(s) of the successful bldder(;,) The Dlstnct agrees to pay \\Ithm thirty (30) days after receipt from the Vendor of mvolce by DistrIct's Fmance Dep.lrtmcnt

~~3 O\\nersillp (title) of matenal pUlchased shall transfer dlrectl! from thc ,ucccssful blddcl to thc DI,tlICt~~

~~ARTICLE VI. APPLICABLE LA WS~~

County and Dlstnct agree to conduct all activItIes under tillS agleement 111 accordance with all applIcable rules, regulations. ordll1ances and laws 111 effect or promulgated dunng the term of thIs Agreement

~~ARTICLE VII. WHOLE AGREEMENT~~

ThIs Interlocal Agreement. as provIded herem. constllutes the complete Agreement bet~een the partIes hereto, and supersedes any and all oral and ~ntten agreements between the parties relatmg to matters herem Except as otherWIse provIded herem. thIS Agreement cannot be modified wIthout written consent to the partIes

~~ARTICLE VIII. DURATION~~

~~The perIod of thIS Interlocal Agreement shall commence upon No\ ember 1 2000 and shall termmate on December 31. 2000~~

~~The County or the DistrIct may cancel thiS Agreement at any time upon thirty (30) da! s~~

WrItten notIce to the other party to thIS Agreement The obltgatlons of the District. mcludmg tts obltgation to pay County for all costs lI1curred under thl, Agreement prIor to such notIce shall survIve such cancellatIOn. as well as any other obligation mcurred under thl, Agreement. until performed or dIscharged by the DIstrIct

~~4 ARTICLE IX. CHANGES AND AMENDMENTS~~

~~Any alt<:latIon,. additIOn,. ord<:ktlons to th<:tcrm, of this Aglcemcnt "hILh .\1<:requited~~

~~b) changes m Federal and State hm 01 regulatIons are automol!IcaIIy IllCOIpOlol!<:dIll!O tIm~~

~~'\greement without WrItten amendment thereto. and shall become effect" e on the date~~

~~designated by such law or regulation~~

~~ARTICLEX. NOTIFICATION~~

~~Unless otherwise provided herem. an) notice. tender or delivery to be given hereunder by~~

~~either party to the other may be effected b) personal delivery m "TItmg or by regIstered or~~

~~certified mati. postage prepaid. return receipt requested Mailed notIces shall be addressed as set~~

~~forth below, but each party may change Its address by WrItten nOllce 111 accordance \\Ith thiS~~

~~secllon~~

~~To County County of Fort Bend Attn Gilbert Jalomo. Purchasmg Agent 500 Liberty Street RIchmond. Te~as 77.+69~~

~~To DistrIct Lamar Consolidated Independent School DistrIct Dr Dan Ives. SuperIntendent 3911 Avenue I Rosenberg. Te'{as 77471~~

~~'\ny such notice shall be effecllve upon receipt If dell\ ered m person or upon actual dcposlt 111 an offiCial receptacle of the Ul1lted States Postal Service IfmolIIed as aforesaid~~

ARTICLE XI. SEVERABILITY 80th parties agree that should any prOVISionof thiS Agreement bc determmed to be ll1vollidor·un<:nforccablc. such determmatlon ,hall not effeLt an) other term of thl, Agreement.

~~"hlLh ,h.lIl eontll1ue 111 tilll torce olnddIect~~

~~5 ARTICLE XII. FORCE MA.IIWRE~~

~~To the e\.tent th.1t clther p.ut) to tlm t\gleemenl sh.:111be \\holl) 01 p.utI.1I1) pleventcd~~

~~110mthe pelfollll.ll1Ce \\lthIn the telm spccllied of any oblIgation 01 dut) pl.ICedon ,ueh p.uty by~~

~~reason or tluough stn"-es. stoppage of I.Ibor. not. lire. 1100d.acts 01 \\at. II1SUllection.accident.~~

~~Judgement. act of God. or specIfic cause reasonably beyond the patty's control and not~~

~~attnbutable to ItS neglect or nonfeasance. 111 such event. the lime 101 the perlormance of such~~

~~obltgatlon or duty shall be suspended untIl such dlsablltty to perform ISremoved~~

~~ThIs Instrument. In dupltcate ongInals. has been executed b) the parties hereto as~~

~~follo\~s~~

~~.A~'·St.'~ '" ..J-. By " '-,:. '. 7I-.ck - JEWtzc!9 C Adol~hbis. County Judge ~ ~...' .' ~ .... : ,,': Dianne Wilson Date ~~: County Clerk~~

~~" LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT~~

~~ATTEST TItle~~

~~Datc FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO AGENDACOORDINATOR - COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITl'ED: 12104100 DEPI'. SUBMl'ITED BY: RISK MANAGEMENT~~

~~COMMISSIONERS COURT AGENDA FOR: 12112100 DEn. PHONE NO.: (281) 341 8630 ~ \~~

~~SUMMARY OF ITEM: CONSENT AGENDA ITEM:~~

~~Approve renewal of public entity package including, workers compensation, various liability policies, and contract for managed care with Argus.~~

~~RENEWAL CONTRACT I AGREEMENT: Yes 0 No 0~~

~~LIST SUPPORTING DOCUMENTS AITACBED: See Attacbed Information from Gallagher Braniff~~

~~(Back-updocumenlat1on mustbe attachedforCODSlderallon)~~

~~FINANCIAL SUMMARY:~~

BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS: Yes (XX) No 0 N/A 0 OneTlIDe o 010068 0680 0550 S 567,986.00 Funding Source: Recurring (x) Annual premiums payable once a year, adjustments due at end of year. Please assign to 2001 budget year. Fund Agcy. Object N/A o

~~Original Form Submitted with back np to County Judge's Office: Yes (X)~~

CC with back up: Auditor (281-341-3774) Yes (X) Comm. Pet. 1 (281-342~587) Yes (X) Budget Officer (281-344-3954) Yes (X) Comm. Pet. 2 (281-40U009) Yes (X) County Attorney (281-341-4557) Yes (X) Comm. Pet. 3 (281-242-9060) Yes (X) Purchasing Agent (281-341-3642) Yes (X) Comm. Pet. 4 (281-980-9077) Yes (X)

~~Instructions for ,ublDlttulgan Agenda Request:~~

1. Completely fill oat ageada form. Incomplete forms wiIJ Dotbe processed. 2. Fax or Inter-oflice copies of agenda form WJdI aD back up InformotIoD by Wednesday, 2 00 p.m. to the departmeDllIisted above. 3. Allorigmolback-up mast be receivedin the ConatyJadge', OfIiceby 2:00 p.m.,Wednesday

~~RECOMMENDATION f ACTION REQUESTED: FRC~ GA_LAG~E~ 3RANIF~ INC 713-968- 412 (MON)11 27' 00 14 2~/ST 14 20~O 4860454369? 2~~

~~FORT BEND COUNTY .JSK MANAGEMENTPROPOSAL JANUARY1, 2001~~

~~AS PERORIGINAL EXECUTIVE SUMMARY~~

~~November 27. 2000~~

~~Cennls 8 McMahon Risk Manager - Fort Bend County I Richmond, Texas n469~~

~~Re: Comprehensive Protected Self-Insured Risk Management Program Renewal I Dear Denms~~

We are pleased to p~nt the Property and Casualty Insurance renewal of your Premier Pubhc Entity Package Program, whiCh ISa continuation of the outstanding program that Fort Bend County has had in effect for the past SIXyears This proposal IS based on the renewal data collected from the County's Risk Management Department.

Pnmanly the expmng imar1tets have been utilized wrth one exception Due to our colleclJve concerns about the firianc18t solvency of Reliance Insurance Company, we moved the excess property coverage to Travelers Insurance Company effeclJve August 24. 2000 You will find thiS reflected In our proposal.

In spite of the loss de'ielopment on the Seth Thomas dlllm. and the tlghtemng of the Insurance mar1tet place, Amenean Home Assurance Co. has presented competltlve pricmg for the 'Excess Wor1ters' Compensaoon coile rage We went to several mar1tets and receIVed declinations from Clarendon. Safety NatlJr18I, and Hartford. as they felt they could not be competllive Midwest Employers provided an atlracttve quotation wrth a $300,000 SIR, however the cost to Increase the WC Ii,mt on the package policy out weighs the savmgs of the higher SIR

In our continued effort tu obtain more accurate payroU figures, we reported the eStImated annual payroll at $45.550,131 In wooong wrth Fort Bend County's Risk Management Department, we were able to make gains In determining the most appropnate Wor1ters Compensation classmcabon for the employees

Dunng the 2000 policy :arm, we have added profesSional coverages for Dr Fashlngbauer and Dr Julie Boyd on the Premier Pacltage policy. We have placed a separate professlonalliabllrty policy for Dr Richard P Williams wrth ChICago Insurance Company

As discussed at the Texas PRIMA meeting, the in-house attomey fees will be hmrted to $150 per hour and $150.000 In the aggregate The dISCUSSionIncluded the language of the policy prohlbrtmg the use of lI1-house counsel when any COnflict of Interest presented rtself or when the County's Attorney's office was Jl!eff the defendant In any actIOn. Addrtlonally. In Instances where counsel ay be swrtched !rom In-hoUse to outside, the County WIllensure that re-revlew of the case by the new counsel IS ~ot 'Illed for or IS limited to one hour maximum FRO\{ GALLAGH:::3 3.?A'iIF~ f\C 7 3-9E3- 472

~~FORT BEND COt:JNTY •• ISK MANAGEMENT PROPOSAL JANUARY 1, 2001 AS PER ORIGINAL~~

We would be happy to discuss another 3-year agreement with the Package underwnters. Although they cannot do a rate guarantee for three years, they can set parameters In theIr pncmg which WIll be beneficial to Fort Bend County Please let us know If you would like us to pursue thiS

~~Below ISa boef overview of the Programs loss history valued as of October 31, 2000~~

Lusse~ WlttHIl SIR dud AOO[lcdble to Loss Fund Year: U'6 1997 1i9& 1i8& ~.~. Paid 571859B $543.486 $837,625 5563,725 $200,81:; Reserved $0 $68,870 $99,766 5106378 $262168 Total $718,598 $612,356 $937,391 $670,103 $462,981

~~!LDSS Fund 1= $1 075,0001 51,075,000l S950,00~ 5950.0001 51.025.000\~~

~~.csses Excess of SIR and Not Applicable to Loss Fund Year ille7 SpecIfic Losses , 5273,771 5305,438 $6.822 S8,393~~

As you look at the prerTiums for ll'le upcoming year, please consider the following factors that have contnbuted to the Incre.,sed pre'lliums Dunng the 2000 policy term, we added medical profeSSional liability coverages for [)rs Fashlngbauer and Boyd as weil as Increased the cnme limits 10 the package poiJcy The uqhteOing of the Insurance mar1

~~Thank you for the OppOlUnily to provide thIS Insurance proposal We look forward to a continued relationship WIth Fort Bend County~~

~~Sincerely,~~

~~Mldlael 0 Arnold FORT BEND COUNTY RISK MANAGEMENT PROPOSAL JANUARY1,2001~~

~~AS PER ORIGINAl. COST COMPARISON~~

- '. "- - ~ .~., ... 1-' -.. - -, - - - .-, ... ..- --- , '-:- -~',. Fixed Costs Premier Public Errtrty Package $351,500 $329,150 $329,150 Professional Liability Included $2,500 NJA ProfesslonalllabilitV Included $2,500 NJA Medical Malpractice $929 $929 Excess Property $78,034 $60,424 58,316 Excess Workers' Compensation $34,438 $22,343 23,261 Boiler & Machinery' $6,076 $5,626 6,100 Pollution Liabirrty , $7,028 $7,095 $3,808 . Excess Crime I $2,263 $1,925 N1A Surplus Lines TaJCeS $17,927 $16,458 16.458 GaUagher Bassett Fees $65,401 $65,675 $61,479 Argus Services $6,653 $6,271 $5.000 I Total Fixed Costs $570,2.49 $520,896 $503,572 Paid Dunng Calendar Year 2000 -2.263 Amount Due January 1, 2001 $567,986 Loss Fund $1,075,000 $1,025,000 $950,000 AS PER ORIGINAL.

~~FORT BEND COUNTY RISK MANAGEMENT PROPOSAL JANUARY 1, 2001~~

~~EXPOSURE SUMMARY~~

~~E)I'posure 1997 1998 1999 2000 2001 r ~ Ch.lpgl?~~

~~BUilding Values $69,570,380 $70,079,93( $74,100,371 $78,314,52' $80,314,527 255%~~

~~Contents Vatues $29,016,779 $29,096 77\ $30,076,779 $31,166,05, $31,336,052 048%~~

~~Extra Expense Included Included Included $1,000,000 $1,000,000 000%~~

~~Loss of Rents Included Included Included Included Included 000%~~

~~EqUip Values $8,123,141 $17,510,348 $18,125,626 $6,935,554 $6935,554 000%~~

~~Vehicle Values $8577,207 Included Included $11,652,807 $11,652,807 000%~~

~~Valuable Papers Included Included Included Included Included 000%~~

~~EDP $5213,915 $5271 522 '$7,000,000 $5,889,345 56195242 519%~~

~~Total Values $120501 422 $121,95857S $129,302,776 $134,978,285 $137,434,182 182%~~

~~Vehicle Count 471 49( 51, 566 573 124%~~

~~No of EmplOyees 167C 167C 1,74<' 1,42' 1,56~ 17 20°/'~~

~~Esl Payroll $32,705,013 $32705,01, 541,414,641 543,133,391 545553131 561%~~

~~GOE $85,350354 56535035-' $103813523 $115,160,885 $119333,193 362% IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On thIs the 12 day of December ,2000, the Commissioners' Court, with the following members bemg present~~

~~James Adolphus County Judge R L O'Shleles 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 October 12, 1999, the Court heard and approved the budget for the year 2000 for Fort Bend County, and~~

~~WHEREAS, on proper appllcatlon, 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 Road & Bridge 075~~

~~TRANSFER TO~~

~~LINE-ITEM NAME NUMBER AMOUNT~~

~~Software 105-075-3040 $2,500~~

~~TOTAL TRANSFERRED TO $ $2,500 '"------'--'-'-- TRANSFER FROM Fees & Services 105-075-4010 $2,500~~

~~TOTAL TRANSFERRED FROM $ $2,500~~

~~EXPLANATION To purchase upgrade of Flexi Sign software Software needed to operate sign shops~~

~~Department Head Date ----'==""'------12106/2000~~

~~ROUND DOLLARS QNLY~~

~~cc Budget Office (onglnal), Commissioners, County Judge, County Auditor IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On thIS the 12th d&f d December ,2000,the Corl1I11ISS ...... ' Coutt, W1Ihthe toUowmg """"""'" bemg ptflSent~~

~~J...... AdoIphus County Judge R L O'Shlllles Commissioner Precinct #1 Grady Prestage CommiSSioner Precinct #2 AndyMeyel's CorrmSSKJnef Precinct #3 .1 2000 JamesP~oo COl1V11ISSooner P"""nct #4~~

~~The following proceedings were had, to-wnt,~~

~~THAT WHEREAS, theretofore, on October 12, 1999, the Court heard and approved the budget for the year 2000 for Fort Bend County, and~~

~~WHEREAS, on proper application, the Commissioners' Court has transferred an eXlstlOg budget surplus to a bUdget of a s,m,lar k'nd and fund The transfer does not ,ncrease the total of the budget~~

~~The following transfers to said budget are hereby authOrized~~

~~Department Name Shel'lff - Enforcement Department # 010 027 0270~~

~~TRANSFER TO.~~

~~LINE-ITEM NAME NUMBER AMOUNT~~

~~I.T. Hardware 1012 $ 20,789.00~~

~~TOTAL TRANSFERREDTO~$ 20,789.00~ __ TRANSFER FROM: Property / equipment 1010 $ 750.00 Capital Assets 1011 20,039.00~~

~~TOTAL TRANSFERRED FROM ~$ ...::....;,.:..-.~.:..-.20,789.00 __~~

EXPLANATION On November 28, 2000 we requested funds be transferred from 3010 - Photo/lab supplies to 1011 - Capital assets to purchase digital photographIc eqUIpment. Purchasing and the Auditor's Office have advised that those items are more computer hardware and should be purchased from 1012 - I. T. Hardware.

~~Department Head Date _--'====--"-'---'="'-December 5. 2000 _~~

~~ROUND DOLLARS ONLY~~

~~BY J us, COunty Judge SOCIAL SERVICES FORT SEND COUNTY. TEXAS~~

~~AS PER ORIGINAL HOP$ SOLOMON. LSW A DIRECTOR MEMORANDUM~~

~~TO: Juuge Adolph~s & COMm~SS10ners~~

~~FROMi Hop:l.e Solomon Scclal Serv~ces D2rector OATE: December 6, 2000 SUBJECT: Agenda IteT:l~~

~~Please note Soc2al services has an upcom~ng agenda item for the Comrn2ss20ners' Covrt considerat2on We will be asklns the court to anprove ~he receipt of prlvate ciOn~~

~~902 Morton $"":' Ru:hmoDd. texu 17469-301 J • (28\) 34'-'nOO· FAX (281) 342-Q557 303 Te= Prkwll. SJlte 2ll2' Ida .. "" CU)', Texas 77459· (281) 403-S0S0· FAX OSI) 403-8005~~

~~ro'd SZ.£: 000(; 9 JO<] S3JIN:l3S ll:lDJS --'------=-=-=-===---=-::==.,------, FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED' 11/29/00 SUBMITTED BY: County Attorney AGENDA DEPARTMENT: Tax Office ITEM COURT AGENDA DATE' 12/12100 PHONE NO' 4556 #~5~~

~~SUMMARY OF ITEM: DISCUSSand take appropriate action on Resale of Property taken under Cause No. 83,393; City of Rosenberg vs. Jessie Rangel~~

~~RENEWALCONTRACT/AGREEMENT' Yes ( ) No(X) LIST SUPPORTING DOCUMENTS ATTACHED YES~~

~~FINANCIAL SUMMARY: BUDGETED ITEM. ANNUALIZED DOLLARS COMMENTS.~~

~~Yes() No () NIA () One Time ()~~

~~Fundmg Source' Recurrmg () fund agcy Object NIA () Original Form Submitted with back up to County Judge's Office: Yes ()~~

CC with back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-0587) yes ( ) Budget Office r (281-344-3954) yes () Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697) yes 0 Marsha Gaines, Tax Office yes ( ) InstructIons for submlttmg an Agenda Request

I. Completely fill out agenda form, mcomplete forms WIllnot be processed 2 Fax or mter-office copIes of agenda form WIthall back up mformatIon by Wednesday at 2:00 p m. to the departments hsted above 3. All ongmal back-up must be received m the County Judges Office by 2.00 p.m. on Weduesday.

~~RECOMMENDATION / ACTION REQUESTED: TAX ASSESSOR/COLLECTOR FORT BEND COUNTY, TEXAS~~

~~MARSHA P GAINES (281) 341-3710 Fax (281) 341-9267~~

~~DATE: November 27,2000~~

~~TO' Mr. Bud CIulders Fort Bend County Attorney~~

~~FROM: Karen Stell o(~ Assistant Division Supervisor, Taxes, RTC~~

~~RE. Resale of Property taken under Cause 83,393 City of Rosenberg VB. Jessie RaD8e1 5895-01-008-0020-901~~

~~Attached is the letter receIved from Perdue, Brandon, Fielder, Collins & Mott, L.L.P, delinquent attorneys for City of Rosenberg, requesting resale of property taken under Cause 83,393.~~

~~The bId analysis sheet clearly defines the bid percent and dollar entitlement to each entity.~~

Perdue, Brandon, B181T,Collins & Mott request this be placed on the CommiSSIoners Cowi Agenda so they may approve or disapprove this sale. Please have the appropriate party sign both documents, ifapproved. Then, return the originals to me.

~~Please review andpJace on the agenda Contact me at 281-341-3723 if you haw any questions.~~

~~cc' Mike Darlow Perdue, Brandon, Fielder Colhns & Mott~~

~~' ;~~~,(-"-----~--'" f-\ ~.':I ..' , ('J~~

~~POBox 399 • Richmond, Texas 77406-0399 PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P.~~

HOWARD PERDUE- ATTORNEYS AT LAW TAB BEALL LARRY BRANDON 2600 elT ADEL PLAZA DRIVE, SUITE 500 DAVID A ELLISON C DAVID FIELDER HOUSTON, TEXAS 77008 LAURA] MONROE JAMES 0 COLLIN"S JEAN MARIE BAER ROBERTMOTT TELEPHONE (713) 862·1860 LYNN STAVINOHA GEORGE DOWLEN FACSIMILE (713) 862-1429 DAVID S CRAWFORD KEVIN BRENNEN CARL 0 SANDIN HAROLD LEREW JASON L BAILEY GREGG M McLAUGHLIN OWEN M SONIK G BRUCE MEDLEY ELKE L DANIEL DONALD B ROSEMAN JENNINE Y HOVELt TERRY G WISEMAN DEBBIE CARTWRIGHT MICHAEL J DARLOW DAVID HUDSON JOSEPH T LONGORIA RANDALL B MILLER TERRY ANN WIllTE R GREGORY EAST -Retired

~~November 22, 2000~~

~~Marsha Games Tax Assessors- Collector POBox 399 RIchmond, Texas 77471~~

~~RE. CAUSE NO. 83,393, CITY OF ROSENBERG VS. JESSIE RANGEL~~

~~Dear Marsha~~

~~The City of Rosenberg contmues to receive offers to purchase vanous properties prevIOusly acqUIred at tax foreclosure sales~~

We have received an offer less than 100% of the Judgment m the above case On November 21,2000, the City Council approved the sale oflot 2 Block 8, Mulcahy SubdivIsIOn. We are askmg the CommissIOners Court and Lamar Consolidated Independent School District to approve tills offer

~~We have enclosed a copy of the bid, the bid analySISsheet showmg how the bid breaks down and the Resale Deed If approved by the court~~

~~If you have any questions, please call me~~

~~Very truly yours, JPtJJ!;P'PERDUE, BRANDON, FIELDER, CC: Bennett Roberts Lynda Eiche, City of Rosenberg~~

~~AUSTIN' AMARILLO· ARLINGTON' LUBBOCK' HOUSTON' WICHITA FALLS' TYLER BID ANALYSIS~~

~~CAUSE NO. .Q,83,!",3,u9:d.3 _ ACCOUNT # 5895-01-008-0020-901 DESCRIPTION: LOT 2, BLK 8, MULCAHY SUBDIVISION~~

~~BID AMOUNT $,l.,3,L!!.00!!l0l..:.0!!l0L._ _ VALUE $5,670~~

~~NAME OF BIDDER: ROBERT NARANJO REDEMPTION EXPIRED: 6-15-95~~

~~JUDGMENT INFORMATION~~

~~TAX ENTITY TAX YEARS AMOUNT DUE~~

~~City of Rosenberg 77-80,82-93 $ 1,070.30 Lamar Consolidated I.S.D, 67 & 69-93 $ 2,398.92 Fort Bend County 72-93 $ 2,872.24 TOTAL $ 6,341.46.~~

~~COSTS~~

Court Costs $ .!.Q!~L_186,00 _ Sheriffs Fee $,__ ~~!!....-363.10 _ Publication Fees $,_-----""....,.,.!-'L...... ,.-""'~'ll-112.70 ( PBFCM) Title Research $,__ ---="~"-L!2!"'_""_'_!.!.L_50.00 (PBFC!VI) Ad Litem $. ~~L_0.00 _ Deed Recording Fee $ 13.00 (PBFCM)

~~PROPOSED DISTRIBUTION~~

~~BID AMOUNT $,_~3l.!10!£.00"'_.0!!l0L._____ COSTS $ 724.80 POST JUDGMENT TAXES $ 323.02 (1994 TAX IF PD 10/00)~~

~~NET TO DISTRIBUTE $,_~~~,,--1.952.18 __~~

City of Rosenberg ___ ~16",-.!!!88,,-% $,_--",-,~"",-329.53 _ Lamar Consolidated I.S.D. ___ ...2..37/..,..82,3"-.%$,_~~"-L738.51 _ Fort Bend County ____ 4::t,5.z...2,..;9<...%$,_-!!!~u...884.14 _ THE STATE OF TEXAS § § RESALE DEED COUNTY OF FORT BEND §

KNOW ALL MEN BY THESE PRESENTS that the CITY OF ROSE"lBERG FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT OF THE LAMA.R CO'\lSOLJDATED INDEPENDENT SCHOOL DISTRICT AND THE STATE OF TEXAS, COUNTY OF FORT BENTI, each actIng by and through Its duly elected offiCial ("GRANTOR") as authonzed by SectlOn 34 OS, Texas Property Tax Code, for and In conslderatlOn of the sum of THREE THOUSAND AND OO!IOO DOLLARS ($ 3.000.()(J), In hand pard by ROBERT NARANJO, ("GRANTEE") the receipt of which IShereby acknowledged and confessed, has granted and conveyed, and by these presents do grant and convey unto sard grantee all nght, title and Interest of the CITY OF ROSENBERG FOR ITSELF AND A.S TRCSTFF rOR THE USE AND BENEFIT OF THE LAMAR CONSOLJDATED lNDEPEl\DE'\ T SCHOOL DISTRICT AND THE STATE OF TEXAS, COUNTY OF FORT Bl:ND. m the property herem conveyed, acqmred by tax foreclosure sale heretofore held, m Cause ~o. 83,393 styled City of Rosenberg vs Jessie Rangel, saId property being descnbed as'

LOT TWO (2), BLOCK EIGHT (8), MULCAHY SUBDIVISION, S. A. RUSSELL SURVEY, LOCATED IN FORT BEND COUNTY, TEXAS AND FURTHER DESCRIBED IN THE DEED RECORDS OF FORT BEND COUNTY, RECORDED IN VOLUME 4, PAGE 375.

GRANTOR excludes and excepts from tills conveyance any warranties, express or Implted, on the property, mcludmg, Without ltmItatlOn, any warrantIes ansmg by cornman law or SectlOn 5 023 of the Property Code

~~GRANTOR conveys the property~~

~~(a) "as IS", "With all faults" and without any warranty as to conditIon or envIronmental hazard~~

(b) subject to all restnctlons, easements, nghts-of-way leases, 011,gas and mmeral leases, royalties, mmeral conveyances, and mmeral reservatlOns of record, If any, m the office of the County Clerk of SaId County,

~~(c). subject to any nght ofredemptlOn, and~~

~~(d) subject to nghts of parties m possessIOn~~

GRANTOR disclaims any warranty, guaranty or representatIon, oral or wnrten, on (a) the nature and condItIOn of the property or other Items conveyed hereunder, WIthout hmitatlOn, the water, soil and geology,

~~(b) the sUItablhty of the property conveyed hereunder for any and all actIVItIes and uses whtch GRANTEE may elect to conduct thereon,~~

~~(c) the extstence of any envIronmental hazards or condItIOns thereon, (mcludmg but not hmlted to the presence of asbestos or other hazardous matenals),~~

~~(d) comphance wIth apphcable envIronmental laws, rules or regulatrons, and~~

~~(e). the comphance of the property wIth any laws, ordmances, or regulatrons of any governmental entIty or body.~~

~~By acceptance of thIS deed, GRANTEE acknowledges and agrees~~

~~(a) that GRANTOR acqutred the property through foreclosure of a tax lIen as Trustee and as such has lIttle, If any, knowledge of the phySIcal or economIc charactenstlcs ofthe property,~~

~~(b) GRANTEE has mspected the property and IS relymg solely on hIS own mvestrgatlon of the same and not on any Informatron provIded or to be proVIded by on behalf of GRANTOR,~~

~~(c) that any mformatlOn proVIded WIthrespect to the property was obtamed from a vanety of sources, and~~

~~(d) GRANTOR (1) has not made any mdependent mvestrgatlOn or venficatlOn of such mformatlOn, and (2) does not make any representatrons as to the accuracy or completeness of such mformatron~~

(e) that If there are any Improvements on the property, GRANTOR shall not be responsIble for or hable to GRANTEE for any constructron defects, errors omISSIOns,or any other condltrons affectmg the property

GRANTEE or anyone clarmmg by, through or under GRANTEE, hereby fully releases GRANTOR, ItS employees, officers, dIrectors, representatrves, attorneys and agents from any and all clarms that It may now have or hereafter acqutre agamst GRANTOR, ItS respectIve employees, officers, dIrectors, representatIves, attorneys and agents for any cost, loss, lIablhty, damage, expense, demand, actron or cause of actIon ansmg from or related to the conveyance of the premIses herem as well as any constructron defects, errors, omISSIOns,or other condltrons affectmg the property and other Items conveyed hereunder GRANTEE further acknowledges and agrees that thIS release shall be gIven full force and effect accordmg to each of ItS express terms and prOVISIons,mcludmg, but not lImIted to, those relatmg to unknown and suspected claims, damages and causes of actron ThIS covenant releasmg GRANTOR shall be a covenant runmng with the property and shall be bmdmg upon GRANTEE, his heirs, successors, beneficlanes and asSignS GRANTOR hereby assigns Without recourse or representatIOn of any nature to GRANTEE, effeclive upon the executIOn and delivery hereof, any and all claims that GRANTOR may have for any such errors, omissions or defects m the property and other Items conveyed hereunder As a matenal covenant and conditIOn of thiS conveyance, GRANTEE agrees that m the event of any such constructIOn defects, errors, omiSSIOns or on account of any other condllions affectmg the property, GRANTEE shall look solely to GRANTOR'S predecessors or to such contractors and consultants as may have contracted for work m connectIOn With the property and other Items conveyed hereunder for any redress or relief Upon the assignment by GRANTOR of ItS claims, GRANTEE releases GRANTOR of all nght, express or Implied, GRANTEE may have agamst GRANTOR ansmg out of or resultmg from any errors, omiSSIOnsor defects m the property and other Items conveyed hereunder GRANTEE further understands that some of GRANTOR'S predecessors m mterest may be or become msolvent, bankrupt, Judgment- proof or otherwise mcapable of respondmg m damages and GRANTEE may have no remedy agamst such predecessors, contractors or consultants

GRANTEE hereby further agrees on behalf of himself and hiS helTS, successors, beneficlanes and assigns to mdemmfy, protect, defend, save and hold harmless GRANTOR and GRANTOR'S elected and appomted offiCials, employees, officers, directors, representalives, attorney and agents from and agamst any and all debts, dUlies, obligatIOn, habllilies, SUitS, chums, demands, cause of actIOn, damages, losses, costs and expenses (mcludmg, Without limitatIOn, attorneys' fees and expenses and court costs) m any way relatmg to, connected With or ansmg out of the property and other Items conveyed hereunder or the ownership, leasmg, use, operatIOn, mamtenance and management thereof from and after the date hereof, mcludmg, Without limitatIOn, the cost of any removal of hazardous substances or contammants from the property and other Items conveyed hereunder

TO HAVE AND TO HOLD Said premises, together With all and smgular the nghts, pnvileges and appurtenances thereto m any manner belongmg unto the Said ROBERT NARANJO, hiS heirs and assigns forever, so that neither the CITY OF ROSE'\iBERG FOR ITSELF ....ND AS TRUSTEE FOR THE GSE AND BENEFIT OF THE LANIAR CONSOLIDATED INDEPE1'

~~Executed thiS ~day of 2000~~

~~CITY OF ROSENBERG~~

~~JOE GURECKY, MAYOR, CITY OF ROSENBERG~~

~~LAMAR CONSOLIDATED SCHOOL DISTRICT~~

~~JACK CHRISTIANA PRESIDENT OF THE BOARD OF TRUSTEES~~

~~Grantee: ROBERT NARANJO~~

~~I \dal1o.....\ftbend\deeds\82,OOO-cty of rsbg (351g) doc THE STATE OF TEXAS § § COUNTY OF FORT BEND §~~

~~ACKNOWLEDGMENT~~

~~R.L.. 0 'Sh,e/c5 BEFORE ME, the undersIgned authonty, on tIDSday personally appeared,.,Jf:M ~O""'~i 0(\"', Pet I ABOLPIIUS, COUNTY JUBGE, known to me to be the person whose name ISsubscnbed~~

~~to the foregomg mstrument, and acknowledged to me that he executed same for the purposes~~

~~and consIderation therem expressed and m the capacity therem stated~~

~~GIVEN UNDER MY HAND AND SEAL OF OFFICE thIS I;;1, day of~~

~~NOTARY PUBLIC, m and for the STATE OF TEXAS SEAL My ComrmsslOn ExpIres tJ;).· ,;lv- ,;loa3 THE STATE OF TEXAS § § COUNTY OF FORT BEND §~~

~~ACKNOWLEDGMENT~~

~~BEFORE ME, the undersigned authonty, on tlus day personally appeared, JOE~~

~~GURECKY, MAYOR, CITY OF ROSENBEG, known to me to be the person whose name~~

~~ISsubscribed to the foregomg mstrument, and acknowledged to me that he executed same for~~

~~the purposes and consideratIon therem expressed and m the capacity !herem stated~~

~~GIVEN UNDER MY HAND AND SEAL OF OFFICE thiS ,day of~~

~~______,2000~~

~~NOTARY PUBLIC, m and for the STATE OF TEXAS SEAL My CommissIOn Expires _ THE STATE OF TEXAS § § COUNTY OF FORT BEND §~~

~~ACKNOWLEDGMENT~~

~~BEFORE ME, the underSigned authonty, on thiS day personally appeared, JACK~~

~~CHRISTIANA PRESIDENT OF THE BOARD OF TRUSTEES, known to me to be the~~

~~person whose name ISsubscnbed to the foregomg mstrument, and acknowledged to me that~~

~~he executed same for the purposes and consideratIOn therem expressed and m the capacity~~

~~therem stated~~

~~GIVEN UNDER MY HAND AND SEAL OF OFFICE thiS ,day of~~

~~______,2000~~

~~NOTARY PUBLIC, m and for the STATE OF TEXAS SEAL My CommiSSIOnExpires ~ __ 18/17/2000 07:45 2815784244 S T ENV CONSTRUCTION~~

~~City of Rosenberg~~

~~To whom It may concern:~~

~~I am ""nding you !his letter concemlDg the vacanllollO the rear of my property There IS only Iwo ways of~~

~~access to tbis lot, through the alley or through my driveway This lot always has blgh grass and takes the~~

~~City a long time to mow it, possibly due to poor access. I think selling me IhlS property would b.~~

~~beneficlal to both the City and myselfsavmg the City oflbe trouble ofmowlIlg and poor access.~~

~~Smcerely~~

~~Robert Naranjo~~

~~Post-it" Fax Note 7671 Dale 10-n-ex> I~~ &..3 , To M.-X .. ~.~I... From 2,,\'... 4 .: b CoJOopi Go~~

Pflone It PhOM# Fill< • Fax> -It ~ _~"~-I'i;}.~ 18/17/288a a7:45 ---_.- 2815784244 • I S T ENV CONSTRUCTION _'-.1 AS PER ORI~J!ttL 82 If t - - ... - ,-"- o' - ~8 I ...,.... j ...... - £ r c: ~ ,; I ,. .n '1l • .'1> ~ • It i L:U-llJ !i J ... ~t '! .. , 'I- - n \ • 1•• 1.' ;," ~ ":!j..:+ , • !Ill ~'I ~::"ttl" I.. , .8'1 " I ''', '-<.,' F' ~ ~' -,. ~~.f'~~•• 1. , '. ' ~C I Ii>:: ST. -l:O j' ; }- " I' of · I ~

, ~ '; . ...: ' ;- • ;l " . " F.- H· • -:1.: .. , t i'~ , l '" , '" I .., I ..-• I=:' I "il" f'.ill"'~- t ~I-I ./ ' I-I ~. CARUSLE , .- • • , '0 0' !:! ' " I •t <. .:.. ~,lof " • F.·I·~ .. . ' f '\ :: Ii I ·t"1 ~.. -' k j ~ , •• ~.I" .' t\ -;- " J" ""j , :....~ \ . ,

~~I" 18/17/2000 87:45 2815784244 S T ENV CONSTRUCTION PAGE 83~~

~~,,.,~~

~~SCHEDULE OF MINIMUM BID~~

~~Tract E.~~

~~Lega! DescnpUon~~

~~Lot Two (2), Block Eight (8), MUlcahy SubdMSlon, SA. Russell Survey, located In the City of Rosenberg, Fort Bend County, Texas (Avenue G., Rear)~~

~~The following ",tannaton wlll be used by the City to evaluate the bids and may be used by the Bidder at amvmg at a bid amount~~

~~1) M"rket Value: $ 5,670.00 Minimum Bid 1: $ 5,670.00 (based on value)~~

2) Judgment Costs: $ 6,341.46 Taxes Minimum Bid 2. $ 7,053 26 (through 1216/94 186.00 District Clerk (based on Judgment, Sale Date) 112.70 PubTlCatioo including taxes & costs) 113.10 Constable's Fee 250.00 Constable's Commission SO.OO Research

3) Taxes Owed. $ 2,317.64 Lamar Consorldated ISO Minimum Bid 3: $ 6,35324 (through 5131 ISS - 1,098.29 CIty of Rosenberg (based on taxes only) induding penalty, 2.937 31 Fort Bend County Interest, & Attorney fees)

~~Cause No. 83,393 City of Rosenberg vs. RANGEL., JESSIE, ET Al Constable's Deed Filed December 15, 1994 land Only~~

~~NOTE: Saie of thIS propertY is subject to any taxes which became due after date of judgment~~

~~BID AMOUNT' $ cI 3.000 (Tract E)~~

~~THE AMOUNTS lISTED ABOVE ARE ESTIMATES ONLY BASED UPON INFORMATION AVAILABLE TO THE CITY OF ROSENBERG.~~

rebd1.7 In accordance with the prov~s~ons of Rule 239a of the Texas Rules of civil Procedure, you are hereby notified that in Cause No. 83,393 in the 240TH Jud~cial District court, Fort Bend County, Texas CITY OF ROSENBERG, PLAINTIFF; LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND FORT BEND COUNTY, INTERVENORS recovered a default JUDGMENT aga~nst JESSIE RANGEL and said judgment was signed on SEPTEMBER 9, 1994.

~~GLORY HOPKINS, DISTRICT CLERK By: (1~fe/hI CARO HART, Deputy NO. a 3,393 S IN THE DISTRICT COURT CITY OF ROSENBERG S S VS. S 240TH JUDICIAL DISTRICT RANGEL JESSIE l 'ORT BEND~~~~~

~~JUDGMENT~~

On the 9TH Day Of September, 1994 this cause being called in its regular order came the Plainti~fs "Taxing Districts whether Plaintiffs, Intervenors or Impleaded Plaintiffs, to wit : , CITY OF ROSENBERG; LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; STATE OF TEXAS, COUNTY OF FORT BEND The Defendants are as follows:

JESSIE RANGEL 7106 PICKETT DR. RICHMOND, TX 77469 (Defendant has received proper service and failed to Answer and wholly made default.)' DR. JOE C. YELDERMAN P 0 BOX'303 NEEDVILLE, TX 77461 (IN REM ONLY) Defendant has filed an answer through his attorney THEREUPON said cause coming on for trial, all the parties by their attorneys announced ready for trial and no jury having been demanded and all matters of controversy, both of fact and law, all citations being on file with the court at least ten (10) days prior to trial, and the evidence being submitted to the court, the court finds that this ~s an action for delinquent taxes, penalties, interest, and costs allowed by law, and for foreclosure of the constitutional and statutory lien for said taxes against the property described in Plaintiff's petition, and finds thac all conditions precedent to the right to levy said taxes herein sued for were complied with as required by law and that said taxing un~ts are legally constituted and authorized to levy, assess and collect said taxes, and all of said taxes were dU1Y~and legally assessed against the hereinafter described prope ty and the owners thereof, and that said real property was locat w~thin the boundaries of each taxing unit's taxing jurisd ction upon the dates when said taxes herein sued for were assess d. ~HE COURT FURTHER FINDS THAT the said taxing units have been duly ~mpleaded, or have intervened in said cause and that each has a

JUDGMENT PAGE 1 claim for delinquent taxes, penalties, interest and all cost allowed by law, and a coordinate constitutional and statutory lien against all or part of the property described in Plaintiff's petition. THE COURT FURTHER FINDS from the evidence and decrees, that the following taxing units which are parties to this suit, have been found to have valid claims for taxes, penalties, interest and • costs allowed by law against the property here after described, and valid tax liens in said amounts as follows: LOT TWO (2), BLOCK EIGHT (8), MULCAHY SUBDIVISION, S. A. RUSSELL SURVEY, LOCATED IN FORT BEND COUNTY, TEXAS AND FURTHER DESCRIBED IN THE DEED RECORDS OF FORT BEND COUNTY, RECORDED IN VOLUME 4/ PAGE 375. ***************************************************************** *NAME OF TAXING UNIT TRACT DESCRIPTION YEARS TOTAL* *****************************************************************

~~CITY OF ROSENBERG TRACT 1 1977 THROUGH 1980 $1,045.11 AND 1982 THROUGH 1993~~

~~LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TRACT 1 1967 AND 1969 THROUGH $2,134.08 1993~~

~~STATE OF TEXAS, COUNTY OF FORT BEND TRACT 1 1972 THROUGH 1993 $2,804.65~~

~~RESEARCH FEE (CITY OF ROSENBERG) TRACT 1 $50.00~~

The following named tax units NONE having been joined herein and having failed to file (its, their) claim for delinquent taxes on the above described real property; (its, their) tax liens(s) on said real property securing all delinquent taxes due as of the date of this Judgement is hereby extinquished as provided by Section 33.44 Texas Property Tax Code. THE COURT FINDS from the evidence and adjudges and decrees that at the date of this trial the reasonable fair value of the above described tracts of real property on which taxes were due for all years delinquent at the date of this judgment to be and the same is hereby set by this court as follows:

~~TRACT 1 $5,670.00~~

JUDGMENT PAGE 2 IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE COURT that the Plaintiffs taxing units, which are parties to this suit, do have and recover the total sum of money due for taxes, penalties, interest and costs on each separately described tract and/or assessment as found by the court to be due as hereinbefore set out in this judgment, and for all costs of suit, with interest on all sums awarded herein, includ~ng court costs, from the 9TH Day Of September, 1994 ,until paid, at the rate of 10 percent per annum, for all of which let execution issue.

IT IS FURTHER ORDERED AND DECREED BY THE COURT that the tax lien securing the payment of all taxes, penalties, interest and costs herein adjudged to be due on each particular lot, tract or parcel of land, which lien is prior and superior to all claims, right title, interest or lien asserted by any of the parties defendant herein, and the same is hereby foreclosed on each of said lots, tract, or parcels of land against the claims, right, title, interest or liens of each and all of the defendants herein, or any other person or persons claiming under said defendants by, through or under any right, title or interest acquired during the pendency of this suit, and said land is ordered sold to satisfy said amount, and that the clerk of this court do issue an ORDER OF SALE, directed to the Sheriff or any Constable of this county commanding him to seize, levy upon and advertise for sale, as under execution, each of said above described tracts of land for the amount of taxes, interest, penalty and costs apportioned to each respective tract, and to sell the same as under execution, to the highest bidder for cash: provided that none of said real property shall be sold to any party other than a tax~ng unit which is a party to this su~t, for less than the amount of the adjudged value of the property or the aggregate amount of the judgment herein established against said property, whichever is lower.

In the event no bid is equal to the adjudged value as fixed by the court herein, or the aggregate amount of the judgment herein established, whichever is lower, any taxing unit which is a party to this Judgment in the suit may bid in and hold the title to said property for the use and benefit of itself and all other taxing units which were parties to th~s suit and which have been adJudged in this suit to have valid tax lien against said property. In the event the Defendants, in person or by attorney, shall at any time before sale, file with the sheriff or other officer in whose hands an order of sale shall be placed, a written request that the property described therein shall be divided and sold ~n less portions than the whole, together with a description of such subdivisions, then such officer may sell the land in such subdivisions as the defendants may request in the order requested, and in such case shall only sell as many such subdivisions as are necessary to satisfy this judgment, interest and costs.

~~The net proceeds of the sale (other than to taxing units), shall belong and be distributed to all taxing un~ts wh~ch were parties~~

JUDGMENT PAGE 3 to this suit and which have been adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their respective tax liens as established in this judgment, but any excess in the proceeds of sale over and above the amount necessary to defray the cost of suit, sale and other expenses made chargeable in this suit against such proceeds and to fully discharge the judgments against sa1d property shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of section 34.03 of the Texas Property Tax Code. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the clerk of this Court shall issue a writ of possession within twenty (20) days after the period of redemption shall have expired, to the purchaser at foreclosure sale of his heirs, executors, administrators or assigns. That Plaintiffs shall recover as part of the costs herein $6b.OO for ascertaining the name and identity as to owners, mortgagees, and description of property. IT IS FURTHER ORDERED BY THE COURT that the officer executing the order of sale shall make the sale thereunder subject to the right of the owner of such property or anyone having an interest therein, or their heir, assigns or legal representatives who have the right to redeem said property so sold with1n the t1me prescribed by law in such cases and on the basis fixed by law, and said officer shall make proper conveyance to the purchaser or purchasers of said property under and by virtue of sa1d sale, or to any other person to whom the purchaser may direct to convey upon compliance with the terms of sale. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without preJudice to the right to refile their cla1ms, or to have the claims against them ref11ed and any relief previously requested and not herein granted is expressly denied.

~~JUDGMENT PAGE 4 Signed this the __ day of ,A.D.,19__~~

~~Judge presiding~~

~~JUDGMENT PAGE 5 APPROVED AS TO FORM AND SUBSTANCE: PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L. L. P. 2600 Citadel Plaza, Suite 110 Houston, Texas 77008 (713) 862-1860 Fax (713) 862-1429~~

~~BY: MICHAEL J. DAR SBN * 05387300~~

~~HEARD, GOGGAN, BLAIR & WILLIAMS 425 S. 4TH STREET RICHMOND, TEXAS 77469 (713) 342-9636 (713) 341-7808~~

~~BY: BENNETT ROBERTS, JR. SBN * 17032000~~

~~RAY, WOOD & FINE P. O. BOX 165001 AUSTIN, TEXAS 78716-5001 (512) 328-6970 (512) 328-9386 FAX 1-800-568-1582~~

~~BY: RAYMOND R. GRAY SBN 08328250 FORT BEND COUNTY ENGINEERING Fort Bend County, Texas~~

~~D Jesse Hegenuer County Engmeer~~

~~November 16, 2000~~

~~ComrmsslOner W. A. "Andy" Meyers Fort Bend County Precmct 3 1809 Eldndge Road Sugar Land, Texas 77478~~

~~RE: Woodbridge, Section 1 . Tramc Control Plan Woodbridge, Section 2 Woodbridge, Section 3~~

~~Dear CornrmsslOner:~~

Fort Bend County Engmeenng has completed and recommends approval of the traffic control plan for the above referenced subdt VISIOn.The publIc heanng date for acceptance of the plan ISscheduled for December 12, 2000.

~~A copy of the traffIc control plan IS attached for your revIew If you should have any questions, please gIve me a call~~

~~Smcerely,~~

~~Steven L. Evans ASSIstant to County Engmeer~~

~~SLE'JrnJs~~

~~cc: Marc Grant - FBC Road & Bndge Marc Grant - Slgnage Department Ftle~~

POBox 1449 • 1124 Blume Road· Rosenberg, Texas 77471 • (281) 342-3039 • Fax (281) 342-7366 I \WPDATA\LElTERS\DEV\9111191 iO_tOl wpd ., . ." .' ".':'.:>.;', _,:~;:rORT BENDCOUNTY~.. ,. , • ': ~.;.'.;',:..' '::'~OMMIS~I9N~~SCOURT'AGEND%REQUEST FORM • ! "-." , ','.'.. _ 'C RETURNTO:"AGENDACOORD.::COUNTYJUDGE'SOFFICE"-'

~~DATE SUBMITTED: November 28,' 2000 SUBMTITED BY~ Marsha P. Gaines . AGENDA ~ , - ,- 'JJ DEPARTMENT:ccTax-- 003 ITEM' COURT'AGENDA DATE: December 2000 PHONENO.:'Judy - 3740 #~~

~~SUMMARY OF ITEM: Pleas.e place this request for waiver of penalty and interest on the agenda after the requestor has been contacted as to the court date.~~

~~Accounts 4749-00-000-0010-907 and 4749-00-000-0011-907, 1998 and 1999 tax year. Pet. 3~~

~~RENEWAL CONTRACTJAGREEMENT: Yes () No ()~~

~~LIST SUPPORTING DOCUMENTS ATTACHED: FIRST SUBMITTED OCTOBER 3, 2000 Request for waiver of P&I~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS: .__. I ~~ • - .~~

~~Yes () No () NJA () OneTime () NO'! 2 8 zoo a Funding Source: Recurring () fund agey Object NJA ()~~

~~Original Form Submitted with back up to County Judge's Office: Yes ()~~

CC with back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-0587) yes ( ) Budget Officer (281-344-3954) yes () Comm. Pet. 2 (281-403-8009) yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697)

~~In$tructlons for submitting an Agenda Request:~~

1. Completely rill out agenda form, incomplete forms will not be procesoed. 2. Fax or mter-office copies of ag<'nda form with all back up mformation hy Wednesday at 2:00 p.m. to the dep.u-tments listed above. 3, All origmal back-up must be receh'ed in the County Judges Office by 2:00 p.m. OnWednesda)-.

~~RECO:\1MENDA 110N I ACTION REQUESTED:~~

I do not recommend waiver of penalty and interest on these accounts. MARSHA P. GAINES Fort Bend County Tax AssessodCoUector POBox 399 Richmond,Texos n406-0399 AS PER ORIGINAL 281-341·3710 Fax 281·:;·H-9:67 E-Mail galOemar@co fon-bead...tLUS

~~DATE September 11,2000~~

~~TO County Judge James Adolphus COmmISSIOnerR L "Bud" O'Shieles COmmIssIOner Grady Prestage COmmIssIOner Andy Meyers Comnussloner James Patterson Ben W "Bud" ClnIders, County Attorney~~

~~FROM Marsha P Games Tax Assessor/Collector~~

~~RE WaNer of Penalty and Interest -DaVIS, Lynette D &:FOm:~ f..=:>Ulll#{s)r;49-:O-y.))-)~::-O'~ 11:1: 4749-00-000-0011-907, 1998 and 1999 Tax Year; ~3~~

~~Westwood Dental Management/Ms Dawn DaVISISrequestIng WlU\'e:" ~ ~ ~ Dt= on :he al>~ TP'p .. , ..... = =i:= forthe 1998 and 1999 tax year~~

~~Tax Office records IndIcate~~

• 1998 and 1999 ongmal tax roll has the above refereneee =m:n:i::= 1i2::l as3oyC-~E S:, %M:..~~ Smallwood, 2130 Wimbleton Ct, Pearland. TX 77581-5."7'< • 1998 ongmal tax statement mailed ill October 1998 to B...~ lS::mE:il3Sr, %Mr_ .'.:IJiiy 5uDaIiw:IDn.::sr 4== c: Pearland. TX 77581-5174 • November 4,1998, our office processed a name and >dii~J<:!=~;,ytlJeFon=d C=mr->1.-"'..::>;"''''::isi= changmg the name and address to DaVIS, Lynette D &: F1C:Bi l.:~ 16[[· S G=:;;" 2::l, 5-)'';;;7 -;: -.:t::- 3214 • EffectIVe ill 1994, "House BIllIl 58 alIo"" the CentraL....,.i, ... '~:c ~ llIl uns;;""ki= n.:= ~ Instruments (1 e Deed) or at the O\\lIers request, ill \\I:im.f-. • The name and address ~sted on the deed \\as Davis, 1,..=:" k =a::taC ~ :.sD:S G=e:: 3'e:::" ::;-U'TI:1L TX 77063-3214 • The 1998 March, May, and July notices were returned:::: =::lfc: ""~.:ns.dici=.""'= an:; .f.T"'III:T~-':'1]<;:1<:"1'1:' • The ongmall999 tax statement, March notIce and M!y:!Oll:: "= ll5c ==~mr -fij~.lIte'·co :m =J.6c:e::r address

• Ms DaVIS states ID the warver letter that in December 1S9L m. ~ _J_ ..=::ior; "a'ES ~ 1.:- 3a:::s: ~ ~'?1 j[ 1:I~ AppraIsal Dlstnct, Fort Bend I S D , and the CIty of Su!pr =-= =gm'E:reo lIIlli!mE a~ 't: =:: 'Z':;",- > Y'E' Sugar Land, TX 77478 The address was changed wit:> ==:== 11:.:). JWt Clly :i'5J.J¥l1'1.=llJr:YO ::reo •.;gI '''a' Dlstnct or Fort Bend County, hov.ever, we do not have"":;:rr"illi'"Jf;-.c- • March 2000, the AppraIsal DIstncl corrected the adares:> ::IL === £74;"'YJ-JJ:-J:: l-Y;- =--= ;t>:c ::''"'0 sent them a copy of tho bottom part ofa Fort Bend LS'::' ===wn:'he =~ :liU""""-'< ~:Illl: number 4749-00-000-0011-907 still has the mcorrect ali , ~ • Ms DaVISISusmg SectIon 33 011 (c) of the Property Ta == lSi ue:,,,,,,,di:>r "?;;ll'~ ...'lL'J:lIi~ =~ c:iIeo appraIsal dIsmct m wntillg or tfthe appraIsal dlSIDC:~ i::l!P! Jf 2 =0.::: ~ ~~ :I1V"l= J: real proper!) and the current matltng address of the Iloe'W ~ "==.ll.;jDo == :r JHr." ..,mJl-'ill'·Jl'~ cornmurucanons or letters of transmIttal"

STATE\4E"H ECUAl EUPI..':YUE" .:PD""Jl"""OJ.:Kr~-:;-~ ;:CRT SEVO CO! INN N"l1''':, 'JI'lT .....1<::,('>:l!!u4!N4TF .....N THF B4<;1<; iJF 8 .. -c -"I OR "'.ltr~ ~I:il!l- J" = -C:lt .....='"_~ ...... a.wt - ... ,._ -,.,..,.; ~- -~ ~...-::-...... ,,, - ,<'-~ --::-,:.,..- MARSHA P. GAINES Fort Bend CountyTax Assessor/Colleaor POBox 399 Richmond,Texas 77406-0399 281-341-3710 Fax 281-341-9267 E·Mall [email protected] lX.uS

• 1'.1sDaVIs has stated that she was not a"are of the delmquenCles unnl they were notified by our Tax attorneys that a tax surr was filed agamsr account number 4749-00-000-0010-907 • Payment was made August 21, 2000, for the 1998 & 1999 Fort Bend County taxes on account number 4749-00-000- 0010-907 w!uch mcluded August penalty and mterest, payment was made September 6, 2000, for the 1998 & 1999 Fort Bend County taxes on account number 4749-00-000-0011-907

Account Number 4749-00-000-0010-907 4749-00-000-0011-907 Breakdown of Taxes P...d 1998 & 1999 1998 & 1999 Base Tax $4,76999 563459 Penalty and Interest 51,143.97 5164.99 Attorney Fees 5 88709 $11994 Total Paid $6,80105 $91952

Sechon 31 01 (g) of the Texas Property Tax Code states, "Fallure to send or recetve the tax bill requrred by t!us sechon does not affect the valIdity of the tax, penalty, mterest, the due date, tbe eXIstenceof a tax lien, or any procedure mstllUted to collect a tax"

Secnon 33 011 (d) of the Texas Property Tax Code states, "A request for a waIVerof penaIttes and mterest under t!us secuon must be made before the 181" day after the delinquenC'j date" (July 18, 2000, Ms DaVIScontacted the tax attorneys concerning the tax SUIt filed agRlnst ber for the delll1quent taxes, bowever, the postmark date on the envelope for payment IS August 21,2000)

~~I do not recommend warver of penalty and mterest There 15 no ~dtc:rf an error ,bY the Central AppraIsal Thstnct or the Fort Bene Coun!'! Tax Office l]J '"~~~

~~S-,l ,EYE 'fT E:U,I,l EMPlCYIolEU'T CPPQRTUNITY 5T ATEMENT , WES1WOOD DENTALMGMT., INC. 2J 10 5ett!e(, Way Blvd. Suptland.TX. 77478~~

~~Phone 281-265-2222 Fox 281,265,1851~~

~~August04,2000~~

~~Marsha Gaines PO. Box 399 Richmond, TX 77046~~

~~Attention Karen Stell~~

~~Re' Cause No 114048 , Dear Ms Gaines,~~

In reference to the unpaid taxes In question, we would like to state the folloWing facts for your consideration We purchased the property at 2310 Settler's Way, Sugarland, TX In 1998. We did not move to the property until the beginning of 1999 We notified the Ft. Bend County Appraisal Dlstnct of our address change from 2600 Gessner to the new Settler's Way address and the Information was changed with that entity as well as the City of Sugarland and R. Bend I S D We did not know that there was another taxing enlJty (FT Bend County) until we received nolJficalJon of a pending law suit that was sent to our bank Comenca We have not received any notifications of the billing and were not aware that in Fl Bend Co. there IS a separate bill In Houston, the CIty and county taxes are on the same bill We have every IntenMn of paYing our taxes as we have In the past but we do feel that according to the Property Tax Code, SectJon 33 011 (0), that the penalties and Interest should be waiVed. Accoralng to the documents that we received, our past due tax amount for 1998 and 1999 ISa total of $4769 99 With an additional amount of $1376.01 due In penal1les and interest We would greatly aoprec:ate your conSideration of removing thiS penalty and Interest and accept our enclosed payment of $4769 99 as payment In full Once again, we would i1ke for you to please update your records and note that all communications In the future be sent to the follOWIng address

~~Dawn DavIS WestNood Demal 2310 Settler's Way Sugarland. TX. 77478~~

~~(\e,"I.~....l'1C;~ -kv~,~), ~~~ lY\..O \'x:u...u./.l ~ WU-. -t-o ~ Linette Dawn DaVIS Westwocc Dental M!;mt,lr.o Q.Ckl-~ OD\ \ V-.-... ~ ~ ~ ~ otl ~ \t.,-\,qq~~

~~=Mr M,cnael SiWlerka (via Fax) Mr Tern HIli (via Fax;~~

~~- • .!:tORT BEND COUNTY~~

~~~ ... COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OmCE~~

~~DATE SUBMITTED: September 18, 2000 SUBMlIIED BY: Marsha P. Gaines AGENDA DEPARTMENT: Tax - 003 ITEM- COURT AGENDA DATE: October 3, 2000 PHONE NO.: Judy - 3740 # .;~~

SUM:MARY OF ITEM. Please place this request for wa~ver of penalty and interest on the agenda after the requestor has been contacted as to court date. Account(s) #4749-00-000-0010-907 and 4749-00-000-0011-907, 1998 and 1999 tax year, Precinct 3

~~RENEWAL CONTRACT/AGREEMENT: Yes () No ()~~

~~LIST SUPPORTING DOCUMENTS ATTACHED: Request for wa~ver~~

~~FINANCIAL SU1\1MARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes () No () N/A () One Time ()~~

~~Funding Source: Reeumng () agcy Object fund I N/A ()~~

~~i Original Form Submitted with back up to County Judge's Office: Yes ()~~

CC Wlth back up: yes ( ) Auditor (281-341-3774) yes () Comm. Pet. 1 (281-342-11587) I. yes ( ) Budget Officer (281-344-3954) yes () Camm. Pct. 2 (281-403-8009) I yes ( ) County Attorney (281-341-4557) yes () Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes () Comm. Pet. 4 (281-980-9077) yes ( )County Clerk (281-341-8697)

~~In$tructJons for submlttlng an Agenda ReqUe3t.~~

1. Completely fiU out agenda form, lDcomplete form. WJ.1.I not be proces>ed. 2. Fax or IOter"'lffice cop":' of agenda form ,,-rtb all back up information by Wednesday at 2.00 p.m. to tbe department. listed ~bove. 3 All ongmaJ back-up must be reeei>e

~~RECO:-'fMENDA TIOi'i I ACTION REQUESTED: 1'1, en I do not recommend wa~ver of penalty and interest on t~s accoun~ November 30, 2000~~

~~Westwood Dental Attn Dawn DavIs 2310 Settler's Way Sugar Land, TX 77478~~

~~Account #4749-00-000-0010-907 & 4749-00-000-0011-907 Pet 3~~

~~Your request for WaIver of penalty and interest has been received~~

Too request wIll be consIdered by CommISsIOners on December 12, 2000 at 1 00 P m The CommiSSIOners Court ISlocated at the WIlham B TravIs Annex, 301 Jackson Street, Richmond, Texas Please be present at this meeting If you cannot attend, please notify Mandl Bronsell in our office at 281-341-8607

~~Regards,~~

~~James C Adolphus County Judge FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED: December 6, 2000 SUBMITTED BY: JIm Edwards AGENDA DEPARTMENT: Budget Office ITEM COURT AGENDA DATE: December 12 2000 PHONE NO.: (281) 344-3937 #'J.~~

~~SUMMARY OF ITEM: Deliberate and take all necessary actIon to declare an emergency and amend the 2000 budget by $205,000 for tbe Fort Bend County Fire Marsbal's Office fire runs.~~

~~RENEWAL CONTRACT/AGREEMENT: Yes 0 No (.I)~~

~~LIST SUPPORTING DOCUMENTS ATTACHED: memo from Fire Marshal~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes 0 No (") N/A 0 One Time (")~~

~~Funding Source: Recurring ( ) Fund~cy Object __ General Fund balance N/A ( )~~

~~Original Form Submitted with back up to County Judge's Office: Yes (")~~

~~CC with back up: yes (") Auditor (281-341-3774) yes (") Comm. Pet. 1 (281-342-0587) , yes ( ) Budget Officer (281-344-3954) yes (") Comm. Pet. 2 (281-403-8009)~~

~~I yes (") County Attorney (281-341-4557) yes (") Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes (") Comm. Pet. 4 (281-980-9077) yes (.J') County Clerk (281-341-8697)~~

~~Instructions for submitting an Agenda Request:~~

1. Completely rill out agenda form, incomplete forms will not be processed. 2. Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to tbe departments listed above. 3. All origmal back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.

~~RECOMMENDATION I ACTION REQUESTED: GC-ll-?7 p,'? FORT BEND COUNTY FIRE MARSHAL ' - '0 IN Fort Bend County, Texas~~

~~VT Cooper (281)238- 3485 County Fire Marshdl Fax (281) 342-0431~~

~~DATE November 27, 2000~~

~~TO Jtm Edwards, Budget Officer~~

~~All'" ) /( i,;/ FROM Vance T Cooper, FIre Marshal~~

~~SUBJECT Budget short fall~~

~~As per our conversation on l':ovember 21, 2000, to be able to pay for the Fire Department for the October 2000, I need $ 36,000 00, transferred mto lme Item 5020~~

~~In revlewmg the last four months we paId $337,525 00, thIS averages to $84,381 00 per month If I take thIS average I WIll need $168,762 00 for the runs submItted for November, and December 2000~~

~~I am askmg to have a total of $205,00000 transferred mto lme Item 5020 for Fire Runs~~

~~If you have any questIOns please call my office FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED: December 6, 2000 SUBMITTED BY: JIm Edwards AGENDA DEPARTMENT: B':'ud,.,..g"'et,..,Offi"C"ce=-_--'-- __ ITEM COURT AGENDA DATE: December J 2 2QQQ PHONE NO.: (281) 344-3937 #';j,~~

~~SUMMARY OF ITEM: Deliberate and take all necessary action to declare an emergency and amend tbe 2000 County Court at Law #2 budget by 520,000 to pay for court appointed attorneys.~~

~~RENEWAL CONTRACT/AGREEMENT: Yes 0 No (..f)~~

~~LIST SUPPORTING DOCUMENTS ATTACHED:~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes 0 No (·n N/A 0 One Time (J)~~

~~Funding Source: Recurring ( ) Fund~cy Object __ General Fund balance N/A ( )~~

~~Original Form Submitted with back up to County Judge's Office: Yes (J)~~

CC with back up: yes (J) Auditor (281-341-3774) yes (J) Comm. Pet. 1 (281-342-0587) yes ( ) Budget Officer (281-344-3954) yes (J) Comm. Pet. 2 (281-403-8009) yes (J) County Attorney (281-341-4557) yes (J) Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes (J) Comm. Pet. 4 (281-980-9077) yo:s (J) County Clerk (281-341-8697)

~~Instructions for submitting an Agenda Request:~~

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 informatIon by Wednesday at 2:00 p.m, to the departments listed above. 3. AIl original back-Up must be receIved in the County Judges Office by 2:00 p.m. on Wednesday.

~~RECOMMENDATION I ACTION REQUESTED: ~,I~ FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.·COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED: December 6, 2000 SUBMITTED BY: Jun Edwards AGENDA DEPARTMENT: B":,u""d,,,ge:<::t-:~~

~~SUMMARY OF ITEM: Deliberate and take all necessary action to declare an emergency and amend tbe 2000 County Court at Law #1 budget by $27,345 to pay for court appointed attorneys.~~

~~RENEWAL CONTRACT/AGREEMENT: Yes 0 No (,f)~~

~~LIST SUPPORTING DOCUMENTS ATTACHED:~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes 0 No (.I) N/A 0 One Time (.I)~~

~~Funding Source: Recurring ( ) Fund altCy Object __ General Fund balance N/A ( )~~

~~Original Form Submitted with back up to County Judge's Office: Yes (.I)~~

CC with back up: yes (.I) Auditor (281-341-3774) yes (.I) Comm. Pet. 1 (281-342-0587) yes ( ) Budget Officer (281-344-3954) yes (.I) Comm. Pet. 2 (281-403-8009) yes (.I) County Attorney (281-341-4557) yes (.I) Comm. Pet. 3 (281-242-9060) yes ( ) Purchasing Agent (281-341-8642) yes (.I) Comm. Pet. 4 (281-980-9077) yes (.I) County Clerk (281-341-8697)

~~Instructions for submitting an Agenda Request:~~

1. Completely fill out agenda form, incomplete forms will not be processed. 2. Fax or inter-office copies of agenda Cormwitb all back up information by Wednesday at 2:00 p.m. to tbe departments listed above. 3. All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.

~~RECOMMENDATION I ACTION REQUESTED: IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On Ih,s the ___ d.ayot _____ ..2000, Ihe CommlsslooelS'Court,W1ththe folloo1Ogrrembe~~

James Adolphus CountyJudge R L OShleles Commissioner Precinct #1 Grady Prestage CommIssioner PrecInct #2 cU-12-06 PU2 33 IN Andy Meyers COOlmlsS1OOet' PrecInct #3 James Patterson CommIssIoner Precmct #4

~~The followmg proceedmgs were had, to-wnt,~~

~~THAT WHEREAS, Iheretofore, on Oclober 12, 1999, the Court heard and approved the bUdget for the year 2000 for Fort Bend County, and~~

~~WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting bUdget surplUS to a bUdget of a SImilar kmd and fund The transfer does not mcrease the total of the budget~~

~~The (allOWing transfers to saId bUdget are hereby authoflzed'~~

~~Department Name ~13~l=4/.:,,@*,-,,:.u~"""-J-,~_--.-.::Department #__ .L.~!-!',L.OQ :? _ TRANSFER TO~~

~~LINE-ITEM NAME NUMBER AMOUNT 20/;) JfUJO ,f) 0~~

~~TOTAL TRANSFERRED TO ::$ -";z:a..OJ-~'-.ilo..u,L-tpoQ (). fiu _ TRANSFER FROM C().vt;¥g~~~

~~TOTAL TRANSFERRED FROM $ 1jCfYO.12 b~~

~~EXPLANATION /kf 0a c --( f!4f'{24- "&- (2 it; {(2 mm . Co \1 fl t '1&1l 47 He Ac~ Ca u"'f; UJ vet *1~~

~~Department Head Date -----I'-a'--.::J2:-:::k'--.\C-----l'd-b 1 1217~~

~~ROUND DOLLARS ONt. Y~~

~~BY James Molp lU*", CWt1ly Judge o j 2000 CONSTABLE PRECINCT 4 Fort Bend County, Texas~~

~~S H "HAL" WERLEIN (281) 242-4014 Constable Fax (281) 242-9030~~

~~December 4, 2000~~

~~James C, Adolphus County Judge 309 S 4th St, Suite 719 Richmond, Texas 77469~~

~~Re Agenda Item~~

~~Dear Judge Adolphus'~~

~~I am requesting that the following item be included on the CommIssioner's Court Agenda for Tuesday, December 12, 2000~~

~~I am requestmg reinbursement to Sgt. Rob Casler for a seminar he attended m Mendlan, Ms~~

~~If there should be any questIOns in reference to this request, please contact our office at (281) 242-4014~~

~~S H "Hal" Werlein Constable Precinct Four~~

~~SHW/pp~~

xc CommiSSIOner R L O'Shleles County AudItor Ed SturdIVant CommIssioner Grady Prestage Budget Officer JIm Edwards CommIssIoner Andy Meyers County Attorney Ben "Bud" ChIlders CommIssIOner James Patterson Purchasing Agent Gilbert Jalomo County Clerk DIanne Wilson

~~12919 DJlry A ....hlord • SUite 30n • Sug.lr LJnd TC\.I.., 77478 CONSTABLE PRECINCT 4 Fort Bend County, Texas~~

~~S H "HAL" WERLEIN (281) 242-4014 Constable Fax (281) 242-9030 MEMORANDUM~~

~~TO: Mollie Powell, Auditor's Dept.~~

~~FROM: S. H. "Hal" werlei~~~

~~DATE: November 28, 2000~~

~~SUBJECT: Reinbursements to Sgt. Rob Casler~~

~~We had contacted the Regional Counterdrug Training Academy about Sgt. Casler and K-9 Dolly attending this class and were told that the classes were full.~~

~~We were then notified on Friday, October 20th that an opening had come available and Sgt. Casler and Dolly had to be there by Sunday, October 22nd and classes 'Would start on October 23, 2000.~~

~~If you have any questions, please contact our office at 281-242-4014.~~

~~12919 Dairy Ashford • Suite 300 • Sugar Land Texas 77478 County Alx:lltor's Form 1115A~~

~~COUNTY OF FORT BEND Local Travel ExpenseClaim~~

~~Rob D. Casler~~

~~Acco',nt Dlstnbution Code.J3Q..-_l1lI~-.o4.5.5 _-J.6lllL-4026~~

~~OAIl;. DESTINATION PURPOS OF TRAVEL !..OTAL MiSe I.--- MILES (parking, toll fees) L10/22/00 to K-9 Drug Detector Dog tQJ.ll1SJfL H ~~ V" Recertification and Enhancement School 1048~~

~~-i - . 1048 TOTALS~~

~~TOTAL MILES 1048 + total Mise =TOTAL @ 32.5 cents = $ -..l.n t;n fees = $ ~ REIMBURSEMENTj ...l.n t;n~~

~~Department HeadApproval ~ IJ. MA.§j ~ .~~

The undersigned hereby certifies that mileage as hsted above was incurred ffi~al~~ty[flU~'h~ ~ and that reimbursement has not been rece ed for any part thereof ID ,--~------'-1\1 n1l < ' I II r NOV3Q ::'000 I _/I Signature -..-,{...I.~L...~~r-.J=.:::::=------I I I ~ - ..... I Sworn an subscnbed before me on thiS the 28 th day of N6' , ",' 20(00 -'-~

~~J' Q '-!.A..J U he for the State of Texas~~

~~TiVlexp ReVISed 2115100 ~ ~j County Auditor's Form 1115A~~

~~COUNTY OF FORT BEND Local TravelExpenseClaIm~~

~~Rob D. Casler~~

DATE DESTINATION PURPOSEOF TRAVEL TOTAL MISC r---I MILES (parkmg, toll fees) ..-9 Drug Detector Dog Ll.!l12Z/00_t:o Meridian, KS Recert:ificat:ion and Enhancement School 5.00 Regist:ra L.ion Fee 10/27/00 5.00 Membersh' p to NPCA

~~. ***un ...... "onil~o~lQ "OYO nynvi"'''"' .. H ..i.-h .-ho e ception of one • eal coming back on 10/27/ 0 5.46~~

~~.. . .i~~

~~. TOTALS p5.46~~

~~TOTAL MILES + total Mise =TOTAL @ 32.5 cents = $ fees = $65.46 REIMBURSEMENT$"65 .46~~

~~DepartmeotHeadApproval s: !i MA t;, '~~

~~The undersigned hereby certifies that mIleage as listed above was Incurred on offiCIal county bUSinessonly, and that reimbursement has not been recelv or any part thereof~~

~~Signature -_-L .....:::.s.="~:;6-,&,..",;.=~"""==:::=------~~

~~Sworn an subscnbed before me on thiS the 28th day of November 20 00 N DLrAf(~-~~

~~TrvIoxp ReVISed 2115100~~

~~K-9; DRUG DETECTOR DOG RECERTIFICATION & ENHANCEMENT SCHOOL (01-1) 23 OCTOBER - 27 OCTOBER 2000~~

SERGEANT MARK AMERMAN 8 PIO RANDY S LEWIS HENRYCOUNTYPOLlCEDEPARTMENT NOPD - 3RD DISTRICT 345 PHILLIPS DRIVE 1700 MOSS STREET MCDONOUGH, GA 30253 NEW ORLEANS, LA 70119 770-954-2900 504-826- I 585 E-MAIL-camnc95@aI com E-MAIL-aIJrow@bellsouth net SONJA OSCAR

2 PATROLMAN WADE BEARD 9 OFFICER ANGIE SAVASTANO COLUMBUS POLlCE DEPARTMENT PLAQUEMINES PARISH SHERIFF'S OFFICE POBOX 1408 505 HEBERT BLVD COLUMBUS, MS 39703 BELLE CHASSE, LA 70037 662-328-6206 504-394-4957 E-MAIL-wadebeard@hotrnaJl com E-MAIL- MURK KAI

3 AGENT MICHAEL BURT 10 TROOPER AUGUSTO VILLALAZ MS BUREAU OF NARCOTICS LOUISIANA STAT POLlCE-TROOP 0 POBOX 7459 805 MAIN STREET JACKSON, MS 39282 LAKE CHARLES, LA 70615 601-371-3655 337-491-2511 E-MAIL-burtrn@gsci state IDS us E-MAIL-avI11aIaz@prodlgy net TANGO AX

4 SERGEANT ROB CASLER II OFFICER DANNY WEBER FORT BEND COUNTY CONSTABLE HUNTSVILLE POLlCE DEPARTMENT 12919 DAIRY ASHFORD, SUITE 300 2033 - B AIRPORT ROAD SUGAR LAND, TX 77478 HUNTSVILLE, AL 35801 281-242-4014 256-883-3637 E-MAIL-robdcas@msn com E-MAIL-k9Ike@rnsn com K-9 DOLLY IKE

~~5 DETECTIVE CORPORAL KEITH CLEMENT JENNIl'.GS POLlCE DEPARTMENT POBOX 1249 JENNINGS. LA 70546 337-821-5513 E-MAIL-lawn423@yahoocom NO DOG~~

~~6 CORPORAL GL Yl'.N CULPEPPER COLUMBUS POLlCE DEPARTMENT POBOX 1408 COLUMBUS, MS 39703 662-328-6206 E-MAIL-glynnk90ne@Juno com CARLO~~

~~7 OFFICER DA VID Gl:~ TER HENRY COUl'.[Y POLlCE DEPARTMENT 345 PHILLIPS DRJVE MCDOl'.OUGH, GA 30253 770-954-2900 E-MAIL-hcpdk9@yahoocorn FALCO I · ( ,~~

~~ACCOUNT~~

~~PAYMENT~~

~~BAL DUE 1\62 /~~

No 2 R~~EIVED FROM_,-,RO,""B""---,C,",,A~S;;"'L6cE,"R!1- ~2~2~T_2,Jto 0 E"VE 00/100 DOLLARS ,IlEGISTRATION FEE Account Total $~5~.~0~0 __ Amount Paid $5,00 Balance Due $'~Q~,~Q~Q~----- FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE

~~DATE SUBMITTED: December 7, 2000 SUBMITTED BY: Laura Jobnson DEPARTMENT: County Attorney COURT AGENDA DATE: December 12, 2000 PHONE NO.: 281-341-4555~~

~~SUMMARY OF ITEM: Excbange of Property between FBC and City of Ricbmond~~

~~RENEWAL CONTRACT/AGREEMENT: Yes () No (x )~~

~~LIST SUPPORTING DOCUMENTS ATTACHED:~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes () No () N/A (x ) OneTime ( )~~

~~Funding Source: Recurring ( ) fund agcy Object N/A ( )~~

~~Oneina) Form Submitted with back up to County Judge's Office: Yes (x)~~

CC with back up: yes (x)Auditor (281-341-3774) yes (x) Comm. Pet. 1 (281-342-0587) yes (x)Budget Officer (281-344-3954) yes (x) Comm. Pet. 2 (281-403-8009) yes (x)County Attorney (281-341-4557) yes (x) Comm. Pet. 3(281-242-9060) yes (x)Purchasing Agent (281-341-8642) yes (x) Comm. Pet. 4(281-980-9077) yes (x )County Clerk (281-341-8697)

~~Instructions for submitting an Agenda Request:~~

1. Completely nu out agenda form, incomplete forms wiD not be processed. 2. Fax or inter-office copies of agenda form witb all back up mformation by Wednesday at 2:00 p.m. to tbe departments listed above. 3. All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.

~~RECOMMENDATION I ACTION REQUESTED: COUNTY ATTORNEY Fort Bend County, Texas~~

~~BEN W "Bud" CHILDERS (281) 341-4555 County Attorney Fax (281) 341-4557~~

~~p~(J. t.4ft.y 15, 2000~~

~~DIanne Wtlson County Clerk Re Exchange of Property between Fort Bend County and CIty of RIchmond~~

~~Dear Ms WIlson~~

Attached are the three ongmal deeds that effectuate the transfer of property between Fort Bend County and the Clly of RIchmond Please record these deeds After recordmg the two Spectal Warranty deeds from Fort Bend County to the CIty of RIChmond, please send them to Mr Charles Sloan, Attorney At Law, 304 Jackson Street, RIchmond, Texas 77469 Send the Spectal Warranty Deed from the CIty of RIchmond to Fort Bend County to thIS office

~~DRH\ns/3566(121400)~~

~~301 Jackson, SUIte 621 • Richmond, Texas 77469-3108 ------~ COUNTY ATTORNEY Fort Bend County, Texas~~

~~BEN W "Bud" CHILDERS (281) 341-4555 County Attorney Fax (281) 341-4557 12/8/00~~

~~County Judge and CommissIOners~~

~~Re agenda Item for Tuesday, 12/12/00 Exchange of Property blw Fort Bend County and City of Richmond~~

On August 24,1999, Fort Bend County and the City of Richmond agreed to an exchange of property. Richmond would deed a 0 33747 acre tract of land on Liberty Street between 2nd Street and 3'd Street, currently used by the County as a parkmg lot, for 1 6383 acres of land adjacent to the City water well on LegIOn Dnve It was later discovered that the I 6383 acres mcluded the Adult ProbatIOn property and only the 0 4868 acre tract adjacent to the city water tower could be exchanged Smce the value of the smaller tract was considerably less, the County

had to find another tract to exchange The County IS now addmg the West One-Half Block No 121, the old Courthouse block, preVIOusly leased to the City of Richmond, to make the exchange of Property equal m value The attached two special warranty deeds encompass the County's exchange of Property With the City of Richmond

~~DRH/n, 3566 120800~~

~~301 Jacbon. SUIte 621 • Richmond, Texas 77469-3108 FORT BEND COUNTY~~

~~TO SPECIAL WARRANTY DEED~~

~~CITY OF RICHMOND~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~~KNOW ALL MEN BY THESE PRESENTS That FORT BEND COUNTY,~~

TEXAS, a body corporate and polItic, actmg herem by and through Its CommIssIOners' Court, heremafter called Grantor, for and m consIderatIOn of the conveyance of real property of the same date as thIS mstrument from the Grantee named below to Grantor, the receIpt and suffiCIency of whIch IS hereby acknowledged and confessed, have GRANTED, SOLD, and

~~CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the CITY OF~~

~~RICHMOND, a mUnIcIpal corporatIOn of Fort Bend County, Texas, heremafter called Grantee, all that certam tract or parcel of land located m Fort Bend County, Texas, together WIth all~~

~~Improvements sItuated thereon, descnbed as follows~~

A FIeld Note DescnptlOn of a 04868 Acre Tract of Land off the North end ofa callI 6383 Acre Tract of Land (Volume 2333, Page 106 of the OffiCIal Records of Fort Bend County, Texas), bemg m the Jane H Long League, Abstract 55, CIty of RIchmond, Fort Bend County, Texas

For ConnectIOn Begm at the mtersectlOn of the Southwest nght-of- way Ime of Ransom Road and the Southeast nght-of-way Ime of LegIOn Dnve, SaId corner markmg the Northwest corner of the City of RIchmond 09977 Acre Tract recorded m Volume 710, Page 720 of the Deed Records of Fort Bend County, Texas; THENCE, South 20deg 25'10" West, along the Southeast nght- of-way Ime of LegIOn Dnve, 290 0 feet to a 5/8" Iron pIpe found markmg the Southwest corner of SaId CIty of RIchmond 0 9977 Acre Tract and Northwest comer of and Place of Begznmng for thIs tract; THENCE, South 72deg East, along the Southwest lIne of saId CIty of RIChmond 0 9977 Acre Tract, 150 feet to a 5/8" !fon pIpe found markIng to the Southeast comer of SaId CIty of RIchmond Tract and the Northeast comer of thIS tract,

~~THENCE, South 20deg 25'10" West, 145 feet to a capped 5/8" !fon rod set markIng the Southeast comer ofthls tract,~~

~~THENCE, North 69deg. 19'3 I"West, 14987 feet to a capped 5/8" Iron rod set markIng the Southwest comer of thIS tract,~~

~~THENCE, North 20 deg 25'10" East, along the Southeast nght-of- way lIne of SaId LegIOn Dnve, 138 feet to the place of begInnIng and contaInIng 0 4868 Acres of Land~~

TO HAVE AND TO HOLD the above descnbed premIses, together WIth all and SIngular the nghts and appurtenances thereto In anywIse belongIng unto the SaId Grantee, and unto ItS successors and assIgns forever, and Grantor does hereby bInd Itself and ItS successors to

~~WARRANT AND FOREVER DEFEND, all and SIngular the saId premIses unto the SaId~~

~~Grantee, ItS successors and assIgns, agaInst every person whomsoever lawfully claimIng or to claIm the same or any part thereof, by, thru or under Grantor, but not otherWIse~~

By deed of the same date as thIS Instrument, Grantee has conveyed to Grantor the property descnbed In that deed as conSIderatIon for the conveyance from Grantor to Grantee In this instrument Grantor and Grantee agree that no lien, eIther express or ImplIed, shall anse in favor of Grantor or Grantee as a result of the exchange of property between Grantor and Grantee ., DATED thIS li...Iay Of--,~~""_",-,,-cc~-"'~,=-_,, 20 161::>

~~" , I~~

~~:; -;' , , IHANNE \X1J;iSON, County Clerk j .\... ,iI'" ",,~, , ::. ",,J- \ \~~

~~,1,\1\11' ,~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~hlS Instrument was acknowle~d bef~ m~ the underslgped authorIty, on thIs I~ay L.,. ~OQ of ....<::e I·e<-., 20Qtl by J41\1£5 c 'IPOL , Untyjudge of FORT BEND COUNTY, TEXAS, on behalf of FORT BEND COUNTY, TEXAS

~~Notary Public - State of Texas~~

~~Return to Grantee's Address~~

~~Clty of RIchmond 402 Morton RIchmond, Texas 77469~~

~~DRHlExchangeofProperty 3566(113000) FORT BEND COUNTY~~

~~TO SPECIAL WARRANTY DEED~~

~~CITY OF RICHMOND~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~~KNOW ALL MEN BY THESE PRESENTS That FORT BEND COUNTY,~~

~~TEXAS, a body corporate and POhllc, actmg herem by and through Its t:ommlsslOners' Court,~~

~~heremafter called Grantor, for and m consIderatIOn of the conveyance of real property of the~~

~~same date as thIs mstrument from the Grantee named below to Grantor, the receIpt and~~

~~sufficIency of whIch IS hereby acknowledged and confessed, have GRANTED, SOLD, and~~

~~CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the CITY OF~~

~~RICHMOND, a mUnicIpal corporatIOn of Fort Bend County, Texas, heremafter called Grantee, all that certam tract or parcel of land located m Fort Bend County, Texas, together wIth all~~

~~Improvements sItuated thereon, descnbed as follows~~

A Tract of land bemg the West one-half of Block 121 of the City of Richmond (Volume "A", Page 62 of the deed records of Fort Bend County, Texas) and bemg the West on-half of the same block deeded by R E Handy and W Lusk to Fort Bend County on July 21,1838, and recorded m Book "A", Page 80 of the Deed Records of Fort Bend County

TO HAVE AND TO HOLD the above descnbed premIses, together WIth all and smgular the nghts and appurtenances thereto m anyWIse belongmg unto the said Grantee, and unto ItS successors and assIgns forever, and Grantor does hereby bmd Itself and ItS successors to

~~WARRANT AND FOREVER DEFEND, all and smgular the said premIses unto the saId Grantee, Its successors and assIgns, against every person whomsoever lawfully claiming or to~~

~~claIm the same or any part thereof, by, thru or under Grantor, but not otherwIse~~

~~By deed of the same date as thIs Instrument, Grantee has conveyed to Grantor the~~

~~property descnbed In that deed as consIderatIOn for the conveyance from Grantor to Grantee In~~

~~thIs Instrument. Grantor and Grantee agree that no hen, eIther express or Imphed, shall anse In~~

~~favor of Granto~ o~ Grantee as a~of the exchange of property between Grantor and Grantee~~

~~DATED thIS l2...dayof • : C 0 or g ,20~~~

~~DIANNE WILSO~, C?()nty Clerk~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~~~iS instrument was aCknOWl!t~ b~e'A:~~t61~~ed authonty, on thIS L2.....liay of " , 20&'0, byMSS €'. J ft' S, County Judge of FORT BEND COUNTY, TEXAS, on behalf of FORT BEND COUNTY, TEXAS~~

~~Notary Pubhc - State of Texas~~

~~Return to Grantee's Address CIty of R.Jchmond 402 Morton RIchmond, Texas 77469~~

~~DRHlExchangeotproperry 3566(113000) CITY OF RICHMOND~~

~~TO SPECIAL WARRANTY DEED~~

~~FORT BEND COUNTY~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~~KNOW ALL MEN BY THESE PRESENTS' That the CITY OF RICHMOND, a~~

~~municipal corporation of Fort Bend County, Texas, actmg herein by and through Its underSigned duly~~

~~authoflzed officers, heremafter called Grantor, for and 10 consIderation of the conveyance of real~~

~~property of the same date as thiS mstrument from the Grantee named below to Grantor the receIpt~~

~~and sufficiency of whIch IS hereby acknowledged and confessed, have GRANTED, SOLD, and~~

~~CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto FORT BEND~~

~~COUNTY, a body corporate and polittc in the State of Texas, hereinafter called Grantee, all that~~

~~certain tract or parcel of land located 10 Fort Bend County, Texas, together wIth all improvements~~

~~situated thereon, described as follows.~~

Bemg a 0 309 Acre Tract of Land, bemg a portIOn of LIberty Street between Blocks No 86 and 97 of the CITY OF RICHMOND, as shown on the plat of said City recorded 10 Volume A at Page 62 of the Deed Records of Fort Bend County, Texas, and being 10 the Jane H. Long League, Abstract 55, Fort Bend County, Texas, described as follows:

BEGIN at a pomt 10 the Northeast flght-of-way hne ofThlfd Street (70 feet wide) markmg the South comer of Block No. 97 of the CITY OF RICHMOND; said comer being the West comer of and Place of Begmnmg for this tract;

THENCE, North 67° 30' East, 160 51 feet along the Southeast line of said Block No 97 to a point markmg the North comer ofthls tract; saId comer being in the Southwest flght-of-way lme of V S Highway No 90 Alternate-East Bound (Volume 135, Page 79 of the Deed Records of Fort Bend County, Texas),

~~THENCE, South 67° 30' East, 70 0 feet along the South flght-of-way of Said V.S Highway No 90 Alternate to a point marking the North comer of thiS tract,~~

THENCE, South 22° 30' East, 20 51 feet along the Southwest flght- of-way Ime of Second Street (70 feet Wide) to the North comer of Block No 86 of said the CITY OF RICHMOND, said comer marking the East comer of this tract;

~~THENCE, South 67° 30' West, 210.0 feet along the Northwest hne of said Block No 86 to the West comer of said Block No 86; said comer marking the South corner of this tract;~~

..--~.---- THENCE, North 22° 30' West, 70' along the New Northeast right-of- way line of ThIrd Street to the place of beginning and containing 0.309 Acre of Land, SUBJECT TO an underground utility easement reserved covermg 0.1142 Acre out of saId 0.309 Acre Tract of Land, being a portion of Liberty Street between Blocks No. 86 and 97 of the CITY OF RICHMOND (Volume A, Page 62 of the Deed Records of Fort Bend County, Texas), and being in the Jane H. Long League, Abstract 55, Fort Bend County, Texas, described as follows:

Begin at a P.K Nail set for the Northeast nght-of-way Ime of Third Street (70 feet wide) marking the South comer of said Block No. 97 of the CITY OF RICHMOND, said comer being the West comer of said 0 309 Acre Tract, THENCE, South 22° 30' East, II feet to a point for the West comer of and Place of Beginning for this utility easement Tract;

THENCE, North 67° 30' East, along a line II feet South of and parallel to the Southeast line of said Block No 97,171.51 feet to a point marking the Northwest comer of this tract; said comer being in the Southwest nght-of-way Ime ofU S. Highway No 90 Alternate- East Bound (Volume 135, Page 79; Deed Records),

~~THENCE, South 67° 30' East, along the South right-of-way Ime of said U.S Highway No 90 Alternate, 40 75 feet to a point marking the Northeast comer of this Tract;~~

~~THENCE, South 68° 35' 28" West, 200 36 feet to a point for the South comer of this Tract;~~

~~THENCE, North 22° 30' West, along the New Northeast right-of-way Ime of Third Street 25 feet to the place of beginning and containing 01142 Acre of Land,~~

TO HAVE AND TO HOLD the above described premises, together with all and singular the nghts and appurtenances thereto in anywIse belonging unto the said Grantee, and unto its successors and assigns forever, and Grantor does hereby bind Itself and its successors to

~~WARRANT AND FOREVER DEFEND, all and smgular the said premises unto the said Grantee, its successors and assigns, agamst every person whomsoever lawfully clalmmg or to claim the same~~

~~or any part thereof, by, thm or under Grantor, but not otherwise.~~

~~By deed of the same date as this instrument, Grantee has conveyed to Grantor the~~

~~property descnbed m that deed as conSideration for the conveyance from Grantor to Grantee in this instrument. Grantor and Grantee agree that no lien, either express or Implied, shall arise in favor of~~

~~Grantor or Grantee as a result of the exchange of property between Grantor and Grantee.~~

~~DATED this /J.fl day of December, 2000.~~

~~CITY OF RICHMOND By·ZLt.~h, ~~ HILMAR G. MOORE, Mayor~~

~~ATTEST:~~

~~MONA MAT AK, City Secretary~~

~~THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

~~This instrument was acknowledged before me on this /p day of December, 2000, by HILMAR G. MOORE, Mayor of CITY OF RICHMOND, a municipal corporation, on behalf of said corporatIOn.~~

~~,·-;r~"Iifl·•• 1.:.p.~-.lJ..'p~ GLENDA D TRACY I:" "j tI!I COMMISSION EXPIRES ",. .., September 13, 2001 I ';:~f.",,9!0,,'.'£",0::~~

~~Return to Grantee's Address .'l:>a.vi d'R. tllA.r Ie.4 Fort Bend County ,.J c"'okLY\+---l A +h-,rne¥,s;: O-t~iC<... Ricbmon~469~~

~~CRS\R.lCHMOND\LAND\DEED\FBCNTY OUt THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND § AMENDED LICENSE AGREEMENT~~

This Agreement approved by Commissioners Court on November 14, 2000, by and between Cable Service RepaIr (C.S R), Inc, heremafter referred to as ("LIcensor") and Fort Bend County, a body corporate and pohtl~nder the laws of the State of Texas (heremafter referred to as ("County") IShereby amended on this ~ day of BeS&lUbe., 2000 to mclude additIonal language under "Term "

~~Recitals~~

~~Licensor IS the owner of the real property (heremafter called the "Property") shown on the attached Exhibit "A" and descnbed as follows~~

A 5-acre tract of land m the Henry Scott Survey A-83, located at 1131 Blume Rd, Rosenberg, Texas, Fort Bend County SaId property bemg bounded on the North by Richard A Bell 9 IS I9 acre tract, on the East by Reliant Energy H L &P property, on the South by the City of Rosenberg 2 797 acre tract, and on the West by Blume Rd

~~County desires to exercIse certam rights and pnvileges upon the property~~

~~NOW, THEREFORE, It ISagreed as follows~~

~~License~~

~~1 County shall have the nght to mstall, mamtam, momtor, and sample a proposed groundwater momtor well on the property,~~

~~2. County may mstall such groundwater momtor well to a depth of less than 100 feet,~~

~~3 County shall have the nght to mstall one (I) groundwater momtor well at a locatIOn on the Property mdlcated on the map attached hereto as Exhibit "B",~~

~~4 County WIllconstruct such groundwater momtor well In accordance WIth the constructIOn details presented m the attached ExhIbit "C",~~

5. County shall have the nghts of Ingress and egress at all times necessary for the exercise of Its nghts and pnvlleges upon the Property, subject to reasonable directIOns from LIcensor regardmg the manner of such ingress and egress SpeCifically, County shall ensure that no damage IScaused to any fences on or around the Property, and that no cattle are allowed to escape from the Property, by reason of such Ingress and egress, County shall ensure that all gates are closed, and locked If reqUIred, upon leavmg the Property

~~Term~~

The hcense granted by Licensor to County hereunder shall remain In effect for a penod of (5) five years from the date of executIOn of thiS agreement by both parties Such hcense shall terrnmate at the end of saId penod tIme, WIthout further actIOn by LIcensor, unless saId penod of tIme be extended by wrItten agreement and approval by the parties Under such a SItuatIOn where LIcensor is attempting to sell said 1 property and has a prospective buyer who has reservations to purchase thiS property because of the eXistence of thiS well, then upon nollce by the Licensor to the County, the county shall follow up on the temunatlOn process as stated m the followmg sectIOn entitled "Duties of the County "

~~ConsideratIOn~~

In consideratIOn for thiS License, County shall pay to Licensor the total lump sum amount of Five Hundred and Noll 00 Dollars ($500 00) for the five (5) year period, which sum shall be due and payable th on or before the thIrtieth (30 ) day followmg the executIOn of this agreement by both parties

~~Nonassignable~~

ThiS hcense IS granted only for the use and benefit of County, and such hcense shall not be asSignable However, It IS expressly understood and agreed that (a) the County's nghts and prlvlleges upon the Property under thiS agreement shall actually be exercised by ItS agents, servants, and employees, contractors, subcontractors, and their agents, and (b) the County's exercise of ItS nghts and pnvlleges upon the Property hereunder may result m Its generatmg pubhc mfonnatlon, and that neither of such circumstances shall be construed as an assignment of thiS ltcense Will be made directly avallable to Licensor by County

~~Duties of County~~

County shall have the exclUSive nght to control the mstallatlOn, clean up, mamtenance, and momtorlng groundwater momtor well mstalled on the Property hereunder County shall ensure that all federal, state, and local laws, mcludmg any apphcable statutes, rules, regulations, codes, and ordmances are fully observed m these regards County Will use ItS best efforts to see that the groundwater momtor well IS constructed as nearly as pOSSibleto be level With the ground surface County shall take all reasonable precautIOns to ensure that the groundwater momtor well ISmarked and safeguarded so as not to present an unreasonable nsk of mJury to ltvestock or persons on the Property Upon the tennmatlon of thiS hcense, County shall remove groundwater momtor well m accordance With standard engmeenng practIces, and County shall, as nearly as reasonably pOSSible,restore the surface estate to ItSongmal condition

~~NotIces Notices, correspondence, and all other commumcatlons shall be addressed to Fort Bend County and submitted to the followmg representative~~

~~County Fort Bend County Judge 30 I Jackson, SUIte 719 Richmond, Texas 77469~~

~~County Engmeer Jess Hegemler Fort Bend County Engmeer 1124-52 Blume Road Rosenberg, Texas 77471~~

~~Notices, correspondence, and all other commumcatlOns to Owners shall be addressed and submitted to the followmg representallves~~

~~Cable Service and Repair, Inc Keith Nutt and Kent Nutt P O. Box 385 Rosenberg, Texas 77471~~

~~2 IN WITNESS WHEREOF, the followmg undersIgned partIes have executed thIs LIcense Agreement on the dates mdlcated LICENSOR: CABLE SERVICE AND REPAIR, INe.~~

~~By '\{t~~

~~Date \ 2 .13 0 c,~~

~~By 0iGiiiJ\ J JS_ Kent Nut!~~

~~By , County udge~~

~~Date ~W \:> ';;;),V00~~

~~." Auditor's CertIficate~~

~~ThIs ISto certIfy that funds are ava o to pay the Co nty's oblIgatIOn '&==#======-:7~~

~~JS IJ csr I"C license agreement doc 3606 110900~~

3 FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE , 1/ A •. DATE SUBMITTED: "U~IOD. SUBMlTfED BY: I· f) fLU-, AGENDA DEPARTMENT: E~ IIJLttq- ITEM ~- COURT AGENDA DATE: ~ PHONE NO.: :SI/Z-3(Jf9

~~SUMMARY OF ITEM: 17 /) I<...0S EIJ f:lll-V j~~

~~RENEWAL CONTRACT/AGREEMENT: Yes () No ()~~

~~LIST SUPPORTING DOCUMENTS ATTACHED:~~

~~FINANCIAL SUMMARY:~~

~~BUDGETED ITEM: ANNUALIZED DOLLARS: COMMENTS:~~

~~Yes () No () N/A () One Time ()~~

~~Funding Source: Recurring () fund AgCY Object _ N/A ()~~

~~Original Form Submitted with back up to County Jndge's Office: Yes (I(~~

CC with ba.ck up: yes (1Auditor (281-341-3774) yes (I( Comm. Pet. 1 (281-342"{)587) yes (1Budget Officer (281-344-3954) yes CY Comm. Pet. 2 (281-403-8009) yes ({County Attorney (281-341-4557) yes (.r- Comm. Pet. 3 (281-242-9060) yes (1}'urchasing Agent (281-341-8642 ) yes (f Comm. Pet. 4 (281-980-9077) yes MCounty Clerk (281-341-8697)

~~InstructIons for submlttlDg an Agenda Reque.t:~~

Completely fill out agenda form, incomplete forms will not be proc~d. 2. Fax Dr IDter-office cOp'e:!of agenda form WIth all hack up LDformanoDh~ Wednesday at 2:00 p.m. to the departments listed above.. 3. All ongmal hack-up mun be rec"",ed in the Coun~ Judgeo Office h~ 2:00 p.rn DOWednC3da}.

~~RECOM:MENDATION I ACTION REQUESTED: FORT BEND COUNTY ENGINEERING Fort Bend County, Texas~~

~~D Jesse Hegerruer County Engmeer MEMORANDUM~~

~~DATE. December 6, 2000~~

~~TO: Judge James C Adolphus, County Judge CommissIOner R. L. "Bud" O'Shleles, Pct I CommissIOner Grady Prestage, Pct. 2 Commissioner W. A. "Andy" Meyers, Pct. 3 Commissioner James Patterson, Pct. 4~~

~~FROM' loUIS E Hood, P E., Engineenng ~C ~~~

~~RE: Rosenberg Annex Change Order No.4, 5 & 6~~

~~Fort Bend County Engineenng and PGAL Architects have reviewed the followmg change orders No. 4, 5 & 6 and recommend approval.~~

Change Order No.4 Add $ 6,018.60 Descnptlon of Change Order # 4 Each of the 480 Volt I three phase mechanIcal fan powered boxes, used throughout the project to control the flow of air (HV AC) to mdlVldual spaces, has a 270 volt I smgle phase fan powered box which requires a neutral wire to be mSlalled along With the 480 volt servIce to operate the fractional motor Within the fan powered box. The constructIOn documents did not mclude this Wire, but it must be mcluded for an operatIOnal system

Change Order No.5 Add $5,637.50 Descnptlon of Change Order # 5 ThIs change order provides for a GraphIcs package for the new Johnson Controls Metasys System at the Rosenberg Annex BUlldmg. ThIS package was not mcluded m the ongmal base bid. The addItIOn of this package wIll Improve the mOnItonng and operatIOns of the HV AC system wlthm the bUIlding

Change Order No.6 Add $ 3,845.00 Descnptlon of Change Order # 6 ThiS change order provides for re-caulkmg and seahng the eXlstmg sidewalk expansIOn joints on the bUlldmg penmeter. The eXlstmgjoint sealant and wood control Joints have detenorated to the pomt of creatmg a tnpping hazard

~~The quantIties and pncmg of the above items has been venfied by Fort Bend County Engmeenng and PGAL Architects~~

~~cc: Jeffrey A. Wemer, AlA, PGAL Architects Gtlbert D Jalomo, Jr , FBC Purchasmg Department J C Whitten, FBC AdminIstrative ServIces~~

~~PO !JO\ 1449· 1124 Blume Road • Rosenberg TexJ,7747I (281)342-3039' FJ\{281l342-73(,() I \"" po", TA\U:TTI:RS\"'Kiru""ulx'illl~J::J. J 2o...')lILID4:56. wr-J CHANGE D'stnbuu~~

~~PROJECT CHANGE ORDER NUMBER 04 (name, address) Rosenberg Annex 4520 Reading Road INlTIA TION DATE 1112/00 Rosenberg, Texas 77471 ARCHITECT'S PROJECT NO 215-99149~~

~~TO (Contractor) Bass Construction Co., Inc. 3014 Ave I, Suite #3 CONTRACT FOR FBC Rosen berg Rosenberg, TX 77471 Annex CONTRACT DATE 5/24/00~~

~~The Contract ISchanged as follows:~~

~~FPB Boxes - Changes from Electnc13n $ 5,338.00 Plus 2 1/2 % Bond $ 133.45 Plus 10% P&O $ 547.15~~

~~Total $ 6,018.60~~

~~Not valid unlll Signed by both O\wler and Architect SIgnature aCthe Contractor mdtcates hiS agreement herewlth, mcludlng anv adjustments In the Contract Sum or the Contract Ttme~~

~~The origmal (Contract Sum) (GUllfaHteea MaJ~~

~~Net change by prevIOusly authonzed Change Orders $ 99,772.83~~

~~The (Contract Sum) (GHaranleea Ma,dffiHffi Cast) pnor to thIS Change Order was $ 3,092,277 83~~

~~The (Contract Sum) Will be (increased) (aeefeasea) (HAellaAged)~~

~~_ ~ thIS Change Order ID the amount of $ 6,018.60~~

~~The new (Contract Sum) (GHafaAleea Ma'nmHffi Cast) mcludmg thiS Change Order will be $ 3,098,296.43 The Contract Time WIll be (In,woasea) (aeOfeasea) (unchanged)~~

~~The Date of Substantial CompletIOn as of thIs Change Order therefore IS unchanged~~

~~Authomed PGAL Bass Construction Co . Inc Fort Bend County ARCHITECT CONTRACTOR OWNER~~

~~Address Address 5555 San Feilpe Bhd #1000 3014 Ave I SUlle #3 500 Liberty St , SUIte 103~~

~~Texas 77056 Rosenberg. TX 77471~~

BY 4 BY LU J /r:!-- .. DATE 4 tJO DATE ,16' Z-oo DATr ;;; 8 8 8 8 C> (J g ~ ~ " ~ ~ s ,.; ... I-~ .. ... LL coe 0 ~ <0 , ... lll I -"0 _Ol • cD c: g: 1ii i8 '"~ t1> fl ~i:'" tsf?- '" oe ~4- '" • 0 ...... tit tit ... -.,'" '" ~ ~"C- ,... c: " $ ~ ~ , ... Q-- I @ . .... n~II ;~ ~ ... ~:>.l> .. e~ ... "CEm ~ 4- '" c: C> a. .. ~ ...... "'eu.. 0. e Q l5 "'Cl Q::: - ] ~he '"0 , , '"C> -lEU) ('oj '", '" ~ c 'li C'\ "'''''''.. ~ :> i!! ~@ '" .. c: 'C e ~ ~ 0 .....'" ...... 9c:C.D ." "'Cl t: .. '" II) 1ii.. ~ ~ S c: .8 2' ~ ..,., ... C>.c'" Ill .. _ tl ~ :§ - cD ~ C (IS Gi S '"N .... S=>"=o _ ~ '" cz:1iiu .... u~~ c co"" :::E '" m 0- ...... tit fit ... m III ie~ "- C ..J ta = C "'Cl S; ... ~ c .Q 0: g CZl , ,~ J:> III '"It> • ~:8m w 4> "if. ... e:i= e a. ~ ~ ~ ...... c: '8 f" ~dl~ S; c: E ~ ...... iX:j~ 8 .'!J. 0- 'S '" ","'4> e i ~(ji ~ .. C C , ....~ c ~ "0 m ~ ... U c c: 3 1m £~ '" -0:0c: '" 0 . _ Ul c: .c ,s 0"6, X .. ~ ~ )( CD ~ Cd~iii ~ S; '" 0 C> c: .8 "E , "! :: Ii) • • O/lo-~ e a:l ~iii ~'" on .. a.. o - 0 .. G)~.s ~ ~ ~u .... ." "- CD Bl'D(A'='" '" III ~ C OJ ...'" ... III 0:'" ...... t~]!j c C ...... 6~ ~ Cll )( g := .. 0. m 'iij .t::. 0 , 51 .. E~i- '" 6' a:: c;!. • ~ :!. U ~ .... ~ c '" .. £ g :::~ "T ., e El ",- "'. ~~~i III ID .. .C\-~ E :5 X ...... ~ e .0 .. "laoS! ~ '" ~ ., C on anlntO 0. :lJ 8 88 ... ~eg>Q. e F- 5l !5"' 0 00 U;;-c j j o 0 ~S ~ it> J: .. o .,\0. ~ ..~ Gl 15 ce: ~o..'OD ~ ~ ::: ~ 0 ;:< i< u .. 0 :" I I U ~ Q CHANGE DlstnbutlOO to ORDER OWNER .A AlA DOCUMENI' 0701 ARCHITECT "- CONTRACTOR FIELD OTHER

~~PROJECT CHANGE ORDER NUMBER 05 (name, address) Rosenberg Annex 4520 ReadIng Road INITIATION DATE 11114/2000 Rosenberg, Texas 77471 ARCHITECT'S PROJECT NO 215-99149~~

~~TO (Contractor) Bass ConstructIon Co , Inc 3014 Ave I, Swte #3 CONTRACT FOR FBC Rosenberg Rosenberg, TX 77471 Annex CONTRACT DATE 05/24/2000~~

~~The Contract IS changed as follows~~

~~HV AC Graplucs as stated In attached memo $ 5,000.00 Plus 2 1/2 % Bond $ 125.00 Plus 10%P&O $ 512.50~~

~~Total $ 5,637.50~~

~~Not valid until SIgned by both Owne.r and Ardttted Signature of the Contrador mmcates hIS agreement herewIth, mcludmg any adjustments m the Contract Sum or the Contract Tune~~

~~The onglnal (Contract Sum) (GlIQftIftteeEiMlllalllttlll Cast) was $ 2,992,505.00~~

~~Net change by previously authonzed Change Orders $ 99,772.83~~

~~The (Contract Sum) (GearallteeEi MlllalllWll Cast) pnor to tlus Change Order was $ 3,098,296.43 The ( Contract Sum) Will be (increased) (EieereaseEi)(Wleltallged)~~

~~by tlus Change Order In the amount of $ 5,637.50~~

~~The new (Contract Sum) (GillUlIIlteeEiM_l!lIIm Cast) including tIus Change Order Will be $ 3,103,933.93 The Contract TIme Will be (lIleFeaseElj (EieereaseElj(unchanged)~~

~~The Date of Substantial CompletIOn as of tIus Change Order therefore IS unchanged~~

~~Authonzed PGAL Bass Construction Co , Inc Fort Bend County ARCHITECT CONTRACTOR OWNER~~

~~Address Address 5555 San Felipe Blvd, #1000 3014 Ave I, Swte #3 500 Liberty St , Swte 103~~

~~Texas 77056 Rosenberg, TX 77471 Rosenberg, Texas 77471~~

~~DATE ~ ttJ DATE CHANGE DistributIon to ORDER OWNER -" AlA DOCUMENTG701 ARCHITECT lL.. CONTRACTOR FIELD OTHER~~

~~PROJECT CHANGE ORDER NUMBER 06 (name, address) Rosenberg Annex 4520 Readmg Road INlTIA TION DATE 11/27/00 Rosenberg, Texas 77471 ARCHITECT'S PROJECT NO 215-99149~~

~~TO (Contractor) Bass ConstructIOn Co , Inc 3014 Ave I, SUIte #3 CONTRACT FOR FBC Rosenberg Rosenberg, TX 77471 Annex CONTRACT DATE 5/24/00~~

~~The Contract is changed as follows Sidewalk. expansIOn Jomt caulkmg North SIde SIdewalk $ 2,430.00 West Side Sidewalk $ 580.00 South S,de Slab to pavmg $ 835.00~~

~~Total $ 3,845.00~~

~~Not vahd unttl Slgned by both Owner and ArchLtect Signature of the Contractor Indicates hiS agreement herewith:, mcludmg any adjustments In the Contract Sum or the Contract Time~~

~~The orlgmal (Contract Sum) (G~aranteea Mlll~~

~~Net change by preVIOusly authOrized Change Orders $ 111,428.93~~

~~The (Contract Sum) (G~lIl'anteea Mlll"RlURl Cast) prior to thiS Change Order was $ 3,103,933.93~~

~~The (Contract Sum) W11l be (increased) (aeeFeosea) (oo.kanged)~~

~~by thiS Change Order m the amount of $ 3,845.00~~

~~The new (Contract Sum) (GuoFaRteee MamRluRl Cast) mcIudmg thIS Change Order W11l be $ 3,107,778.93 The Contract Time W11l be (IReFeasee) (aeer.asee) (unchanged)~~

~~The Date of Substanttal Completton as of thIS Change Order therefore ISunchanged~~

~~AuthOrized PGAL Bass ConstructIOn Co , Inc Fort Bend County ARCHITECT CONTRACTOR OWNER~~

~~Address Address 5555 San Fehpe Blvd, # 1000 3014 Ave 1,SUIte #3 500 Liberty St , SUlte 103~~

~~Rosenberg, TX 77471 Rosenberg, Texas 77471~~

~~DATE COUNTY PURCHASING AGENT Fort Bend County, Texas~~

~~Gilbert D Jalomo, Jr , CPPB (281) 341-8640 County PurchasIng Agent Fax (281) 341-8645~~

~~TO Office of the County Judge Fort Bend County, Texas~~

~~SUBJECT Agenda Items Commissioners Court December 12,2000~~

~~Regular Agenda Items:~~

~~I Consider taking actIOn on the following bids~~

a Bid #01-004 - Troplues for summer readmg program, b BId #01-006 - Gasohne, c Bid #0 1-007 - Diesel, d BId #01-010 - Traffic signs, posts and supplIes, e Bid #01-011 - TITes and Tubes, f Bid #0 1-0 13 - Chrysler repair parts

~~2 Consider approving change order #1 from ATex-DBE, Inc pursuant Bid #00-050 Bridge at Cottonwood School Road over Coon Creek m the amount of$6900 00 (Fundmg Road and Bridge 1070)~~

~~3 Consider approvmg change order # I from ATex-DBE, Inc pursuant BId #00-051 Bndge at Modena School Road over Snake Creek m the amount of $5400 00 (Fundmg Road and Bndge 1070)~~

~~4 Deliberate and consider taking actIOn on requests for modIfication to bId specificatIOns and extensIOn of bid opening date pursuant to Bid #00-083 - Newspaper publIcation~~

~~5 Consider execITtmg various contracts for Employee Benefit Plan and Trust~~

~~CC WIlli full pa~~

~~COIlDIllSSloner O'Slueles DIanne Wilion ShenJfWnght CODDIllSSWDer Prestage Ed Stunbvant Marc Grant - Rood & Bndge COJIDm.sMOD.er M~ers Jon Edwards Jane Po ...ell- Llbnm COIlUI\lSSlODer P= Bud Clnlders~~

~~500 Llberty Street· SUIte 103· 301 Jackson' Rlchmond Texas 77469 COUNTY PURCHASING AGENT Fort Bend County. Texas~~

~~Gilbert D J.lomo. Jr • CPPB (281) 341-8640 County Purchasmg Agent Fax (281) 341-8645~~

~~TO Office of the County Judge Fort Bend County, Texas~~

~~SUBJECT Agenda Items ConurnsslOners Court December 12, 2000~~

~~Please add the followmg to our agenda items~~

~~Regular Agenda Items:~~

~~1 Consider authonzing the purchase of one (1) laptop computers for MIS (Funding MIS 1012)~~

~~2 Considering authorizing the purchase of computer equipment from Dell Marketing, a State of Texas Quahfied Infonnation Systems vendor (Funding Library 1012)~~

~~500 Liberty 5treet • Suite :03· 301 Jack;on' RIchmond Texas 77469 Tabulation~~

~~Term Contract for Trophies for Summer Reading Program~~

~~Bid #01-004~~

~~N Awards 146 Missouri Ci TX~~

~~Recapitulation of Bid~~

~~Legal Notice AdvertIsed Nov 19'" and 26'" IndlVldual Notices MaUed 39 Bid Packets Picked Up or Mailed 4 Bid Opening Date December 4'" BIds Received 2 INVITATION FOR BIDS~~

~~TERM CONTRACT FOR TROPHIES FOR SUMMER READING PROGRAM FOR FORT BEND COUNTY~~

~~BID #01-004~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, sUbject to the Terms and Conditions of this Invitation for Bids, for the term contract for the purchase of trophies for the summer reading program for Fort Bend County Llbranes, as described on the attached speCifications, will be received In the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, SUite 103, Richmond OR (Mall to: 301 Jackson, Richmond, Texas 77469) unbl1 :30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and publicly read in the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond, Texas. Bids received after the specified bme will be returned unopened

~~LEGAL NAME OF CONTRACTING COMPANY~~

~~FEDERAL I D # (Company or Corporation) SOCIAL SECURITY # (IndIVIdual)~~

~~TELEPHONE NUMBER FACSIMILE NUMBER~~

~~CONTACT PERSON TITLE~~

~~/ ~ j-g c> )C ,f! '/ ~ 7?¥?/ COMPLETE MAILING ADDRESS ZIP CODE~~

~~1&s£AIJSe-.e~. T ~ 77 L./7/ COMPLETE STREET ADDRESS CITY & STATE ' ZIP CODE~~

~~FBCPA FORM 103 (20NOVOO) Fort Bend County Bid #01-004~~

~~A. SCOPE:~~

It is the intent of Fort Bend County to contract with one (I) vendor to provide trophies for the summer reading program for the Fon Bend County LIbraries which meet or exceed the specificatIOns contained herein

~~B. PERIOD OF CONTRACT:~~

Tlus contract ISfor the period 1 JANUARY 2001 thru 31 DECEMBER 2001, renewable annually for two (2) years (thru 31 December 2003) under the same terms and conditions ifmutually agreeable by both parties Tlus contract may be terminated by either party for any reason by giving thiny (30) days written notice ofthe intent to terminate

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been issued The use ofliquid paper is NOT acceptable and may result in the dIsqualification of bid If an error is made, vendor MUST draw a line through error and mitial each change

~~D. SPECIFICATIONS:~~

1 Fort Bend County will purchase approximately 14,000 troplues to be dehvered to the George Memorial Library, 1001 Golfview Drive, Richmond, Texas Fort Bend County reserves the right to increase or decrease the quantity stated

~~2 Vendor must dehver initial trophy purchase withm fony five' (45) calendar days after receipt of purchase order~~

~~3 After Imtlal order, vendor must dehver addItional troplues WIthin three (3) calendar days after receipt of purchase order~~

~~4 Vendor must create and provide camera ready artwork_for review by a Library representative witlun five (5) calendar days after receipt of purchase order for the imtial purchase~~

~~5 Vendor must provide trophies to meet the following specifications~~

~~a 5-112" gold plastIc medallion holder, IDS Industries, Inc PH36 or equal (see Enclosure #1 page 2 Name Brands)~~

~~b 2" x 3" x 3/4" wlute Italian marble base with felt furniture protectors~~

~~c Gold mylar 2" self-adhesIve sticker pnnted in black 10k to read "Fort Bend County Libraries" curved around the bottom~~

~~2 INITIALS OF BIDDER: ,03 Fort Bend County Bid #0 1-004~~

~~D. SPECIFICATIONS (cont'd):~~

~~d "SUPER READER" printed in black curved around the top~~

~~e The year ''200 1" and a line draWing of custom art work provided by the vendor whIch reflects the summer reading club theme as determined by the Library~~

~~f Gold plastic holders attached to marble base With bolts~~

~~g Stickers to be applied smoothly and appropriately centered All trophies will be inspected for quality of product~~

~~h F1illshed product sample subrmtted for approval by Library representative~~

~~Trophies must be indtvidually wrapped and uniformly packaged 80-100 trophIes per box~~

~~6 Pnce is to Include all materials, setup charges, assembly and inside delivery~~

~~E. LIQUIDATED DAMAGES:~~

Ifthe work IS not complete witlun the contract time as adjusted by extension of tlme approved by Cormmssloners Court, Fort Bend County will deduct (from the final payment, as liqwdated damages), the sum of twenty-five ($25 00) per calendar day that the work remains incomplete, such sum is agreed upon as a reasonable and proper measure of damages which Fort Bend County will sustain per day by fallure of Contractor to complete work within the contract tinte It is understood that said sum shall be considered as liqUidated damages and shall Inno sense be considered as a penalty against the Contractor

~~F. ENCLOSURES:~~

~~The follOWIngbeing Incorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~I Enclosure # I - General Condttions~~

~~2 Enclosure #2 - Purchase Order Terms and Conditions~~

~~G. BID PRICE:~~

~~Unit bid pnce for one (I) trophy, FOB Fort Bend County, Texas~~

~~/. /7~~

~~3 INITIALS OF BIDDER: • CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND~~

~~Tlus memorandum of agreement made and entered mto on the IT2-day of ~"" \ <:: ,20Co ,by and between Fort~~

Bend County m the Slate ofTexas (heremafter designated County), aetlng herem by County Judge James C Adolphus, by VIrtue ofanorderofFortBendCountyComnusslOnersCourt,and nt I \ \ f\r\.\ q \ S l( (heremafterdeSlgnatedContractor) (company name) I

~~WITNESSETH~~

~~The Contractor and the County agree that the bid and specrlicanons for Trophies for Summer Ready Program wluch are~~

~~hereto attached and made a part hereof, together WIth t1us mstrument and the bond (when reqwred) shall COnstItute the full~~

~~agreement and contract between partIes and for furnIslung the Items set out and descnbed, the County agrees to pay the pnces~~

~~stIpulated m the accepted bid.~~

~~It is further agreed that tIus contract shall not become lundmg or effectIve untIl SIgned by the partIes hereto and a purchase order~~

~~authonzmg the items desIred has been ISSUed.~~

~~Fort Bend County, Texas .~ County Judge~~

~~'~ature~~. of Contractor~~

~~By: ,i/f,e-K: y ~/ /T/'/EK - C't../'«i5( Printed Name and Title~~

~~4 Tabulation~~

~~Term Contract for Purchase of Gasoline~~

~~Bid #01-006~~

~~OIl Patch-Brazos Valley +.0299 +0249 +.0199 Freeport TX~~

~~O'Rourke Petroleum +.0338 +0338 +.0005 Houston TX~~

~~Recapitulation~~

Approved Commissioners Court October 3"' th Legal nonce run ill newspaper Nov 19 and 26"' Individual notices mailed 22 Bid packets mailed or picked up 7 BId open date December 4th BIds receIved 3 INVITATION FOR BIDS

~~TERM CONTRACT FOR THE PURCHASE OF GASOLINE FOR FORT BEND COUNTY~~

~~BID #01-006~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT 11/20100~~

Sealed bids, subject to the Terms and Conditions of this InvItation for Bids, for the term contract for the purchase of gasoline for Fort Bend County, will be received in the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond OR (Mail to' 301 Jackson, Richmond, Texas 77469) untJ11:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and pUblicly read In the Office of County Purchasing Agent, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond, Texas. Bids received after the spedfied time WIllbe returned unopened.

~~LEGAL NAME OF CONTRACTING COMPANY~~

~~FEDERAL I D # (Company or Corporation) SOCIAL SECURITY # (IndIVIdual)~~

~~TELEPHONE NUMBER FACSIMILE NUMBER~~

~~CONTACT PERSON TITLE~~

~~1-(.03 K"ttSYVLW.G 77033 COMPLETE MAlLING ADDRESS CITY & STATE ZIP CODE~~

~~tp" 03 /cI..,I«()YtJJ'-l-G '/7033. COMPLETE STREET ADDRESS CITY & STATE ZIP CODE~~

~~FBCPA FORM 103 (20NOVOO) , Fort Bend County Bid 1#01-006~~

~~A. SCOPE:~~

It is the intent of Fort Bend County to contract with one (I) or more vendors for the purchase of reformulated gasoline or use by Fort Bend County and various CitIes located within Fort Bend County which meet or exceed the specifications contained herein The bid will be awarded to the lowest responsible bidder per octane

~~B. NOTE TO VENDORS:~~

Neither Fort Bend County or the CIties within Fort Bend County will be responSible for delivery fees described in See 263574 of the Texas Water Code BIdders are advised and cautioned that purchasers offuels under this contract will not pay any separate loading, hauling, delivery or handling fees above the price submitted by the bidder Include those charges in your bid price

~~C. PERIOD OF CONTRACT:~~

~~D. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been issued The use of liquid paper is NOT acceptable and may result in the disqualification of bid. If an error ISmade, vendor MUST draw a hne through error and mitial each change I E. CONTRACT CANCELLATION:

1 This contract will be unmediately canceled ifit is found by Commissioner's Court that its continued performance endangers the citIZens,persoDDe~jail mmates, property of Fort Bend County or the enviroDDIent. Fuel will then be purchased on the open market, charging back to the vendor the difference betweet).lllllfket and contract pnce, subtractIng such total from outstanding inVOIceSor the performance security

~~2 Fort Bend County reserves the right to cancel this contract at any time WIth 7 days written notice, bidder is afforded the same right~~

~~3 The CItIes are afforded the right to withdraw from tms contract WIthout effecting the contract between Fort Bend County and the Contractor~~

~~F. SUBCONTRACTING:~~

~~No part ofthis bid shall be subcontracted to another party furnislnng fuel without the wntten approval of Fort Bend County~~

~~2 INITIALS OF BIDDER: -&:- Fort Bend County Bid 1101.006~~

~~G. INSURANCE:~~

1 All bidders must submit, WITH BID, a certificate ofmsurance indicating coverage in the amounts stated below In lieu of sublYl1ttmga certificate of msurance, bidders may submit, WITH BID, a notanzed statement from an insurance company, authorized to conduct business m the State of Texas, and acceptable to the County, guaranteeing the issuance of an insurance policy, with the coverage stated below, to the contractor named herem, if successful, upon award of this contract Failure to provide required insurance certificate or notarized statement may result in disqualification

2 The successful bidder shall obtain at its sole expense, and shall submit to the Office of the County Purchasmg Agent, certificates of msurance satisfactory to the County, naming the County, the contractor and its employees as insured

~~a Workers Compensation See Enclosure #3~~

~~b Employer's Liability. $500,000~~

~~c General hability includmg~~

~~(1) Premises/Operations (2) Products/Completed Operation (to include accidental spillage coverage). (3) Contractual (4) Personallnjuryl Advertising Liability~~

~~General liability limits shall be equal to or greater than~~

~~(1) $100,000 Bodily Injury per person $300,000 Bodily Injury per occurrence $100,000 Property Damage per occurrence, or,~~

~~(2) $500,000 Bodily injury and Property Damage combined, smgle hIYllt~~

Specif)' annual aggregate, ifany The minimum available annual aggregate for the purposes of this Agreement shall be $1,000,000 Claims - made pohces shall not be acceptable All policies shall be occurrence basis

~~d Automobile Liability~~

~~All owned, non-owned or lured vehicles must be covered Liability hmits shall be greater than or equal to~~

~~3 INITIALS OF BIDDER, ~ O5- Fort 'Bend County Bid #OI~06 , G. INSURANCE cont'd:~~

~~(I) $100,000 Bodily Injury per person $300,000 Bodily Injury per occurrence $100,000 Property Damage per occurrence, or,~~

~~(2) $500,000 Bodily Injury and Property Damage combined, single lilDlt~~

~~e Excess LIability Coverage shall be greater than or equal to $1,000,000 combined, single limit Specify aggregate, if any~~

3 Contractor shall not commence any portion of the work under tlus Agreement until it has obtained the insurance required herein and certificates of such msurance have been filed with and approved by the County

~~4 No cancellation of or changes to the certIficates, or the policies, may be made Without sIXty(60) days prior, written notIfication to the County~~

~~5 Approval of the insurance by the County shall not relieve or decrease the liability of the Contractor~~

~~H. INDEMNIFICATION:~~

Contractor agrees to indemnify, defend and hold the County harmless from each and every claim, demand, suit, actlon, proceeding, lien or judgement caused by or arising out of, directly or indirectly, or in connection WIththe acts and omissions of Contractor pursuant to this Agreement

I Contractor shall timely report all such matters to the County and shall, upon the receipt of any such claim, demand, suit, action, proceeding, lien or judgment, not later than the fifteenth day of each month, provide the County witb. a written report on each such matter covered by this paragraph and by paragraph b below, setting forth the status of each matter, the schedule or planned proceedings with respect to each matter and the cooperatIon or asSIstance, if any, of the County required by Contractor in the defense of each matter

2 The County shall tnnely forward to Contractor copies of any and all clanns, demands, SUitS,actions, proceedings or judgments which it may receive and winch it may contend IScovered by this section Thereafter, the County shall fully cooperate with Contractor in its defense of each such matter

3 Contractor's duty to defend indemnitY and hold the County harmless shall be absolute It shall not abate or end by reason of the expiration or termination of this Agreement unless otherwise agreed by the County in writing. The provisions of this section shall SUMvethe ternunation of the Agreement and shall remain in full force and effect with respect to all such matters no matter when they arise

~~4 INITIALS OF BIDDER: ~ Fort, Bend County Bid #01-006 H. INDEMNIFICATION (cont'd):~~

4 In the event of any dispute between the parties as to whether a claim, demand, suit, action, proceeding, lien or judgment appears to have been caused by or appears to have arisen out of or in connection with acts or omissions of Contractor, Contractor shall never-the-Iess fully defend such claim, demand, suit, action, proceeding, lien or judgment until and unless there is a detemunation by a court of competent JurisdictIOn that the acts and omissions of Contractor are not at issue in the matter In such event, the County shall promptly reimburse Contractor for its costs of defense

5 Inthe event that any such matter being so defended by Contractor also involves any claim of negligence or wrongful action by the County, the County shall have the obligation to participate in the defense of the matter through separate counsel

6 Contractor shall have full authority to resolve all matters being defended by it providing such settlement( s) shall not involve any findings adverse to the County or and shall not involve or require any payments or contributions by the County

7 Inthe event of any final judicial determination or award of any matter covered by tins section the County shall be responsible to third parties, pro rata, for any negligence detemuned to have been caused by the County

8 Contractor's indemnification shall cover, and Contractor agrees to indemnifYthe County, in the manner provided for and to the extend described above, in the event the County is found to have been negligent for having selected Contractor to perform the work described in this Agreement.

~~9 The provision by Contractor of msurance shall not limit the liability of Contractor under tins Agreement~~

10 Loss Deduction Clause - The County shall be exempt from, and m no way hable, for, any sums of money wluch may represent a deductible in any insurance policy The payment of deductlbles shall be the sole responsibility of Contractor and/or Trade Contractor providing such insurance.

~~J. PERFORMANCE SECURI1Y:~~

The successful bidder must within five (5) calendar days after notification of bid award, provide the Fort Bend County Purchasing Agent with a Performance Security in the amount of $1,000 00 Performance Security must be in the form of a Cashier's Check or Certified Check payable to Fort Bend County

~~5 INITIALS OF BIDDER'_-,- #;-__ Fort Bend County Bid #01-006~~

~~K. VENDOR RESPONSmILITIES:~~

~~Contractor responsible for insuring constant availabihty of fuel and the absence of excessive water at the vanous pumps throughout Fort Bend County and the Cities~~

~~I On a recurring basis, frequency to be determined by the vendor, he shaHmeasure the fuel at each location~~

2 Iffuel is needed, vendor shaHcontact a County or City employee (whichever applies) at that location for authorization to begin delivery The County or City employee must provide to the vendor a Purchase Order number before dehvery is made

~~3 A single episode of the vendor permitting a tank to become empty at any location shaH be cause for Fort Bend County to cancel this contract~~

4 Vendor is to use water indlcatmg paste (Testrnaster or equal) on the measuring stick each time fuel is measured in each tank Any indication of water must be reported to the Purchasing Agent immediately Minor amounts of water in the tank will not preclude delivery

~~L. QUALITY CONTROL:~~

Fort Bend County and the Cities reserve the right to catch samples and test fuels at time of delivery for specification comphance Costs for tests shaHbe borne by the Contractor in the event product fails to meet specifications Samples may be taken from delivery truck at time of delivery in the presence of the driver or vendor's representative Ifan on-the-spot test indicates the fuel contains alcohol the dehvery will not be accepted Vendor remains responsible for insuring an uninterrupted supply of fuel to each location

~~I Fuel must be reformulated as required by the EPA~~

~~2 Fuel must contam no alcohol or lead compounds~~

~~3 Fuel must meet aHColonial Plpehne Specifications~~

~~4 Fuel must contain an appropriate amount of "scrubber" additIVe TECHROLINE or equal~~

~~5 Fuel must be "puHed" from a termInal operated by one of the foHowing supphers Chevron, Exxon, Mobil, PIuHlps66, Shell, Texaco (enter Information on page #9)~~

~~6 M1mmum Octane Ratmg~~

~~a Unleaded 89~~

~~b Unleaded 92~~

~~6 INITIALS OF BIDDER:_-=---- __ Fo';t Bend County Bid 1101-006~~

~~M. DELIVERY:~~

All delivered product shall be transferred only to County or City owned tanks as listed on Pages # I0 and # 11 Delivery trucks shall be equipped with accurate meters and quantities must be verifiable by County or CIty personnel upon completion of delivery Contractor must be able to furnish certifications issued by the State of Texas which veruy tank capacities on each truck. Deliveries shall be made on a measured gallon baSIS Delivery ticket must reflect gallons dehvered and temperatUre of fuel when delivered Invoices must be adjusted to reflect a net gallon delivery corrected to 60 degrees Fahrenheit

I Vendor must make one hour deliveries in the event of an emergency Failure to do so will be cause for Fort Bend County or any City to purchase fuel on the open market, chargmg back to the vendor the difference between market and contract pnce, subtracting such total from outstanding invoices or the Performance Secunty

2 The successful bidder shall not deliver products or provide SeIVlcesas part of tins contract Without a Purchase Order issued by the Fort Bend County Purchasing Agent or City official (whichever applies) Successful bidder shall not dehver products or servIces in excess of those authonzed and under no circumstances will Fort Bend County or the Cities be liable for payment of products or services winch exceed the amounts authorized by the Purchase Order.

~~3 All dehveries must be made and completed between 8 00 AM and 3 30 PM, Monday thru Fnday, unless other arrangement are made~~

4 Vendor must have a minimum of two (2) dehvery vehicles which meet or exceed all applicable EP A and OSHA rules and standards (enter information on page #9) Delivery vehicles must have built in meters to accurately determine the amount of fuel delivered per location. Fort Bend County and the CIties reserve the nght to refuse dehveries from vehicles not so equipped

~~5 Fort Bend County and the Cities reserve the right to add or delete delivery locations as needed~~

~~N. PROJECTED REQUIREMENTS:~~

~~It ISestimated that Fort Bend County and the CIties combmed WIlluse approximately 560,000 gallons of gasohne witlnn one (I) year~~

~~O. PAYMENT:~~

~~I Fort Bend County guarantees payment Within 30 days after receipt of a correct and complete invoice~~

~~2 The Cities must each be invoiced separately from the County~~

~~3 Fort Bend County will not be responsible for payment of City gasoline invoices~~

~~7 INITIALS OF BIDDER: += Fort Bend County Bid 1101-006~~

~~P. IRS REGISTRY: (See Page #9)~~

Vendor must have been issued, and have in current status the IRS Certificate of Registry (Form 637) A copy of certificate must be submitted with bid, failure to do so will result in the disqualification of bid

~~Q. REFERENCES: (Enter information on Page #9)~~

Bidders must submit with bid a list of no less than three (3) references References must state contact person's name and phone number at each location References subrmtted must be of contracts within the past two (2) years and similar or larger operatIOn than Fort Bend County. Failure to submit references will result in the disqualification of bid References will be a consideratIOn in the evaluation of bid

~~R. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entitles, within Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those participating entitles and to invoice each entity separately~~

~~S. ENCLOSURES:~~

~~The following being incorporated herein by reference for all purposes as though fully set forth herein word for word.~~

~~1 Enclosure # I - General Requirements~~

~~2 Enclosure #2 - Purchase Order Terms and ConditIOns~~

~~T. BID PRICE: (Enter informatIOn on Pages #11)~~

Vendors shall bid a fixed price differentIal above or below the average price posted for that particular fuel in the Oil Price informatIOn SefVlce(OPIS) Pad 3 Report for Houston, Texas The average price may vary from week to week; however, the pnce differential (+ or -) must remain constant for the duratIOn of the contract. In arnving at the mVOlceprice the vendor shall apply the differential to the average price shown on the OPIS Pad 3 Report received Monday of the week following the week during which delivery is made (NOTE. To avoid delay in payment please adhere to this provision to the letter) Sellmg price must not mclude Federal Excise Tax, Fort Bend County and the Cities are tax exempt governmental entities Fort Bend County and the Cities will pay State Fuel Tax, however, do not include State Fuel Tax in bid price, this tax must be listed separately on each inVOIcesubmitted for payment Vendor must provide copy ofOPIS Pad 3 report WItheach invoice

~~6 INITIALS OF BIDDER: e::t;-- Fort Bend County Bid 1101-006~~

~~U. BIDDER COMPLETE THE FOLLOWING:~~

~~1 Is proof of insurance attached? ,;" YES NO~~

~~2 From whatterminal( s) will the gasoline you propose to furnish Fort Bend County and the Cities be "pulled"?~~

~~3 Make, model, capacity and license plate number of delivery velucles wluch will actually contain product (see page #7)~~

~~Truck A. ,C{, \M.6<''l'., c"p.co &,,"'. )C~ S07~~~

~~Truck B ''1~ P eTlltP J3ILT, 4.f).O() 6-",,". X-S 501 7~~

~~TruckC(optional) ''1'\ .:r....r.c4(N"."O,.J ...... , '-ISoo tr"L. )f > so 7'7~~

~~4 Brand ofbul1t in meters (see page #7)~~

~~Truck A ,(,CHIID CDN 7If..040 ~ ' TruckB . ••~~

~~• •• TruckC •~~

~~5 Is IRS Certificate of Registry (Form 637) attached? ,,/ YES NO~~

~~6 References Company, contact person, phone number (see page #g)~~

~~a e,-ly 0..( ;.!o v') rON, CA"Ill'rJWtii/-k.:>·713·).'f2~/'i'f~~

~~b ~",.,'TY 1>-+ Ho'I;e(h5 , Tet8(l.Y D9"~"'K' 71'S' 7$:r-/.'i3 J'~~

~~c e,,'ty o-{ 6"'1.1/£,>70",). ).,VIS CI:1tl.JANi'~~:,rOi -7/.(; ',.l/ <..fc,~~

~~9 INITIALS OF BIDDER: Fort Bend County Bid IIOt~06~~

~~V. LOCATIONS:~~

~~Department/Location Tank Capacity at each Location~~

~~Road and Bridge 4,000 201 Payne Lane Crabb~~

~~Road and Bridge 2,000 9110 Long Needville~~

~~Road and Bridge 8,000 19310 Beechnut Rd Richmond~~

~~Road and Bridge 2000 12919 y, Dairy Ashford Sugar Land~~

~~Velncle Maintenance 8,000 230 LegIon Richmond~~

~~Drainage District 4,000 1022 Blume Rd Rosenberg~~

~~Emergency Medical Service 4,000 4336 Hwy 36 Rosenberg~~

~~City of RIchmond 2000 106 N 2nd Street RIchmond~~

~~City of Rosenberg 1,000 Fire Department 1021 Fourth St Rosenberg~~

~~City of Rosenberg 1,000 (2) Fleet Maintenance Division 210 Mulcahy Rosenberg~~

~~10 INITIALS OF BIDDER: ~ Fort Bend County Bid 1101-006~~

~~V. LOCATIONS:~~

~~DepartmentlLocation Tank Capacity at each Location~~

~~City of Stafford 6,000 (2) 1014 Staffordslnre Stafford~~

~~City of Sugar Land 10,000 III Gillingham Lane Sugar Land~~

~~City of Sugar Land 4,000 III Gillingham Lane Sugar Land~~

~~City of Sugar Land 2,000 Airport 12888 Highway 6 South Sugar Land~~

~~City of Sugar Land 4,000 2120 Austin Parkway Sugar Land~~

~~City of Missouri City 8,000 Public Works Depart 1919 Scanlin Rd Missouri City~~

~~W. PRICING:~~

~~Pnce bid (+ or -) OPIS PAD 3 average pnce for Houston, Texas for~~

~~Unleaded Gasoline, 87 octane $~~~~+ -0 \'\ 7 __ ~/perg~on~~

~~Unleaded Gasoline, 89 octane $,-,-...=:..:-=--,-f 01 S 7 __ ~/per gallon~~

~~Unleaded Gasoline, 92 octane $__·00~~~ S' __ ~/pergallon~~

~~REMINDER: Add the fee described in Sec. 26.3574 Texas Water Code to your bid price.~~

~~11 INITIALS OF BIDDER. CONTRACT SHEET mE STATE OF TEXAS COUNTY OF FORT BEND~~

~~Tlus memorandum of agreement made and entered mto on the 2 t-Of ~ 0 C .2lCV .by and between Fort~~

Bend County m the State of Texas (hereinafter designated County), aetmg herem by County Judge James C Adolphus, by vlrtue ofan order ofFort BendCounty COImmsslOners Court, and floe R ~~"''''4U~ .:1'"" •• (heremafterdeSlgnated Contractor) , (company name)

~~WITNESSETH~~

The Contractor and the County agree that the bid and spectfieatloDS for the Purchase of Gasoline winch are hereto attached and made a part hereof, together With t1us mstrument and the bond (when reqUIred) shall constttute the full agreement and contract between partIes and for furmslung the Items set out and descnbed, the County agrees to pay the pnces snpuIated m

~~the aceepted bid.~~

~~IllS further agreed that t1us contract shall not become blndmg or effectIve untJ.1SIgned by the parties hereto and a purchase order~~

~~authonzmg the Items desired has been ISSUed.~~

~~Executed at Riclunond, Texas t1us 20 CO~~

~~Fort Bend County, Texas~~

~~County Judge~~

~~By:_---''''''''''~-==.,:f_'=tkJJ2e..... ~_------_ Signature of Contractor~~

~~By: e.eA-YiDAJ I/kL.>D.,J '1,),(.....""l.ee./p,:."i' Printed Name and Title~~

12 --- OAT;;; (',1',1 cCJ(fj ACORD_ CERTIFICATE OF LIABILITY INSURANC~RM~:5 I 02/25/00 PRODUCER THIS CERTIFICATE IS ISSUEOAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTSUPONTHE CERTIFICATE Ins"rance Alll.ance HOLDER THIS CERTIFICATE DOESNOT AMEND, EXTEND OR 1~ Yorkto~n, SUl.te 200 ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW Ho~~ton TX 77056 INSURERSAFFORDINGCOVERAGE Phone 713-966-1776 Fax:713-966-1700 INSURED ~~~~ INSURER A Arnerl.can Home Assurance Co. Ada Resources, Inc INSURER B Lexl.ngton Insurance Company Adams Resources & Energy, Inc. Ja Gr~mes INSURER C 66 3 K~rbr~lle INSURER 0 HoustonO T 77D33 I I~JSURERE COVERAGES THE POLICIES OF INSURANCE LiSTED BELOW HAVE BeEN ISSUED TO THE INSURED NArvlEO ABOVE FOR THE POlleY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDtTIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

Irf~ TYPE OF INSURANCE POLICY NUMBER OATE,'M~[,DO";Y\'" DATEIMM/DDfYYj I LIMITS -GENERAL LIABILITY EACH OCCURRENCE S 1/000/000 A X COMMERCIAL GENERAL LIABILITY GL544-1619 03/01/00 03/01/01 FIRE DAMAGE (Anyone lire) '50,000 I CLAIMS MADE ~ OCCUR "lED EXP (Anyone person) , 5,000 ~ Contractual UNDERGROUND RESOURCES PERSONAL & ADV INJURY , 1,000,000 X S&A GENERAL AGGREGATE sNone - Pollut~on $1,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGO '2,000,000 I POLlCY n ~:gT n LOC AUTOMOBILE LIABILITY CO,,"'SINED SINGLE LIMIT , - (Ea aCCident) - ANY AUTO ALL OWNED AUTOS BOelL Y INJURY , - (Per ~erson) - SCHEDULED AUTOS HIRED AUTOS '-- eOGILY INJURY (Per aCCident) S NON OWNED AUTOS

~~PROPERlY DAMAGE S I - (Per aCCident)~~

~~RAGE LIABILITY AUTO QNL Y EA ACCIDENT I, ANY AUTO EAACC OTHER THAN Is AUTO ONLY AGG I, EACH OCCURRENCE '55,000,OC B X OCCUR D CLAIMS MADE 5638784 03/01/00 03/01/01 AGGREGATE s 55/000,0C ~'''-= ,~~

~~DEDUCTIBLE ,~~

~~X R~ENTION S 25, 000 , I •• a~KERS COMPENSATION AND I~h~~Ll~n-SI IVER EMPLOYERS LIABILITY -~ - E l EACH ACCIDENT S . E l DISEASE EA EMPlOYE~ S~~

~~E l DISEASE· POLICY LIMIT 1 S OTHER -~~

~~. I DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/EXCLUSIONS ADDEO BY ENDORS=MENTISPECIAL PROVISIONS~~

CERTIFICATE HOLDER IN IACDfTfONAL INSUREO,INSURER LETTER CANCELLATION TOHHO-l SHOULD ANY OF THE ABOVE Oe::SCRI8;;O POLICIES Be: CANCELLED BEFORE TH: EXPt~ CATE THEREOF, THE ISSUING INSU=1.ER WilL E~mEAVOR TO MAIL 30 DAYS \/RI-

~~NOTiCE TO THE CERTIFICATE HOLC::=t NAMED TO THE LEFT,8UT FAILURE TO DO SO S~~~

~~IMPOSE NO OBLIGATION OR L1ABlll,Y 0;: ANY Kl~m UPON THE INSURER ITS AGENTS C To Whom It May Concern REPRESENTAT1VES~~

ACORD 25-5 (7/97) ©ACORD CORPORATION 1: ACORD .• OAT: (\l\l,COi'fY) CERTIFICATE OF LIABILITY INSURANCE I 02/25/200 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Transportation Insurance Mgrs. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 00 N. Central Expy, #510 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Dallas, Texas 75243 INSURERS AFFORDING COVERAGE (214) 373-4566 INSURED Ada Resourc~s-, Inc. INSURER A Star Insurance Company P. O. Box 844 INSURER B

~~INSURER C~~

Houston, TX 77001 l~lSURER 0 I l~lSUFlER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERiOD INDICATED NOTVVITI-lSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IssueD OR MAY PERTAiN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

~~INSR ~~~

~~~NERAL LIABILITY EACH OCCURRENCE , COI.IMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) ,~~

~~( CLAlMS I.'ADE DOCClJR M~D EX!' (MI OM! peI"~Ot'o) S - PERSONAL & ADV INJUR.Y , - GENERAL AGGREGATE , PRODUCTS COMPIQP AGG , ~ L AGGREA LIMIT APPFrER. POlICY P~O- lOC~~

~~~TOMOBll.e liABILITY COMBINED SINGLE LIt-liT (Ea aCCIdent) ~ ArNAUTO '1,000,00~~

~~ALl. OWNED AUTOS r-- BDDIl Y INJURY , (Per person) SCHEDULED AUTOS A"X HIREOAUTOS CA0101544 03/01/00 03/01/01 BOOILY INJURY , (Per aCCident) ex NON.QWNED AUTOS "- PROPERTY DA\tAGE , (per aCCIdent)~~

~~AUTO ONLY EA ACCIDENT , R~GE LIABILITY At-lY AUTO E.A ACe , OTHER THAN AUTQONLY AGG ,~~

~~EXCESS LIABILITY EACH OCCURRENCE , :j"OCCUR 0 CLAIMS ~IAOE AGG~EGATE , , , ~ ~EDUCTIBLE RETENTION , ,~~

~~WORKERS COMPeNSATION AND IT~~~T~~~~ I IOJ~' EMPLOYERS llABIUTY -~ - E L EACH ACCIDENT , - E L DiSEASE EA e'-IPLOYEE ,~~

~~E L DiSEAse POLICY LIMIT , A OTHER CARGO IM0100342 03/01/00 03/01/01 $100,000 LIMIT LEGAL LIABILITY~~

~~DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESlEXCLUSIONS ADDEO BY ENDORSE-.tENTISPEC1AL PROVISIONS~~

~~CERTIFICATE HOLDER I I ADDITIONAL INSURED INSUR=R lEITER CANCELLATION~~

~~SHOULD ANY OF T\"if. ABOVe. OEsCRtaEO POLICtES BE CANCELLED BEFOR:' THE eX:?IR.A~~

~~SN-IPLE DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL l.Q...... DAYS WRIT~~

~~NOTICE TO THE CERTIFICATE HOLOER NA\lEO TO THE lEFT BUT FAILURE TO 00 SO s"'''''~~

~~FOR INFORMATION PURPOSES ONLY IMPOSE NO OBLIGATION OR LIABILITY OF A"Y KINO UPON THE INSURER, ITS AGEIHS (~~

~~REPRES E"lT A TIVES , AUTHORIZED",~. 0 ~'.f~',1- . ACORD 25-S (7/97) "ACORD CORPORATIO'110 L~Hj[l ..~~

~~Products/Completed Operations o OCCURRENCE~~

~~Bodily InjUry and Property Damage o CLAIMS MADE Per I Occurrence Personal InjUry Per Person! RETRODATE Organization Other Other~~

~~AUTOMOBILE LIABILITY Each ACCident - Single Llr B I and P D Combmed~~

~~0 OWNED Each Person Each ACCIdent or Occurrer: 0 NON-OWNED 0 HIRED Each ACCident or Occurrer OTHER - .,- .~~

ADOITIONAL COMMENTS ENDORSEMENTS INCLUDED USL&H ACT ENDORSEMENT, MARITIME COVERAGE EN-DORSEMENT, OUTER CONTINENTAL SHELF LANDS ACT ENDORSEMENT AND BLANKET WAIVER OF SUBROGATION WHERE REQUIRED BY WRlnEN CONTRACT

If the certificateexplrallOndate IS contmuousor extendedterm you Will be notified If coverageIStermmatedor reduced beforethecertificateeXpirationdate SPECIAL NOTICE OHIO ANY PERSOI'{ WHO WITH INTENT TO OE:FAAUa OR KNOWING THI\T HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEpTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFOR'.lATION ASOUT THIS CERTIFICATE FOR ANY REASON PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTlF1CATE THE APPROPRIATE LOCAL SALES OFFICE MAILING ADORE:SS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER NOTICE OF CANCELU\TION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE Liberty "luluaJ GrouF THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO I b",l,L -Ju,,-,"l"'-'-- Donna Fluklnger {: CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE (713) 460-4650 03/01100 Houston, TX SPECIMEN OFFiCe: PHONE NUMBER DATE ISSUE L BS772A R':' Internal Revenue Ser Department of ~reasury Stop 4307RAL 8701S. Gn.ner. Houston. TX 77074-~5

I> ADA RESOURCES Person to Contact: P.O. BOX 844 -- Madelyn A. Benderson BOUSTON, ~x 77001 Telephone 1'lllmMrz (713) 773-7941 Refer Reply to: Excise Tax Group ATTENTION: RICHARD B. ABSHIRE Date: MAY 0 6 1994,

•Dear Mr. Abshire: Your Form 637, Application for Registration (For Certain Excise ~ax ~ransactions), as an Ultimate Vendor has been approved pursuant to Internal Revenue Code section 4101. Your registration number is UV-76-94-DD007, effective as of the date of this letter. If you have any questions, please contact the person whose name and telephone number appear above. Sincerely yours,

~~J.R. Xopidlansky District Director~~

~~• Tabulation~~

~~Term Contract for Purchase of Diesel~~

~~Bid #01-007~~

~~O'Rourke Petroleum +0649 Houston TX~~

~~Recapitulation~~

Approved COIllIDISsionersCourt October 3n1 Legal notice run in newspaper Nov 19th and 26th IndIvidual notices mailed. 22 Bid packets maJ1edor picked up 7 Bid open date December 4th Bids received 3 INVITATION FOR BIDS

~~TERM CONTRACT FOR THE PURCHASE OF DIESEL FOR FORT BEND COUNTY~~

~~BID #01·007~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, subject to the Terms and Conditions of this Invitation for Bids, for the term contract for the purchase of diesel for Fort Bend County, will be received in the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond OR (Mall to: 301 Jackson, Richmond, Texas 77469) until 1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and publidy read In the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, SUite 103, Richmond, Texas Bids received after the specified time will be returned unopened.

~~LEGAL NAME OF CONTRACTING COMPANY~~

~~FEDERAL I D # (Company or CorporatIOn) SOCIAL SECURITY # (IndlVldual)~~

~~TELEPHONE NUMBER FACSIMILE NUMBER~~

~~f. 0, .Bot YS- te COMPLETE MAILING ADDRESS~~

~~5/2 5: fJve.- It COMPLETE STREET ADDRESS CITY STATE ZIP CODE~~

~~FBCPA FORM 103 (20NOVOO) Fort Bend Count) Bid #01-007~~

~~A. SCOPE:~~

It is the intent of Fort Bend County to contract with one (1) vendor for the purchase of diesel fuel for use by Fort Bend County and vanous Cities located witlun Fort Bend County wluch meet or exceed the specifications contained herein The bid will be awarded to the lowest responsible bidder

~~B. NOTE TO VENDORS:~~

Neither Fort Bend County or the Cities WIthinFort Bend County will be responsible for delivery fees described m Sec 263574 of the Texas Water Code Bidders are adVIsed and caunoned that purchasers of fuels under this contract WIllnot pay any separate loamng, hauling, delivery or handling fees above the price sub1TIlttedby the bidder Include those charges in your bid pnce

~~C. PERIOD OF CONTRACT:~~

This contract is for the period 1 JANUARY 2001 thru 31 DECEMBER 2001, renewable annually for two (2) years (thru 31 December 2003) under the same terms and conmtlOns ifmutually agreeable by both parties

~~D. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) deSIred has been Issued The use of liquid paper is NOT acceptable and may result in the disqualification of bid If an error is made, vendor MUST draw a line through error and initial each change

~~E. CONTRACT CANCELLATION:~~

1 TIlls contract WIllbe immediately canceled !fit ISfound by Commissioner's Court that its continued performance endangers the CItIZens,personnel, jail mmates, property of Fort Bend County or the environment Fuel WIllthen be purchased on the open market, chargmg back to the vendor the drlference between market and contract pnce, subtractmg such total from outstandmg mVOIcesor the performance security

~~2 Fort Bend County reserves the nght to cancel this contract at any time with 7 days written nonce, bidder is afforded the same right~~

~~3 The Cities are afforded the right to withdraw from tlus contract without effecting the contract between Fort Bend County and the Contractor~~

~~F. SUBCONTRACTING:~~

~~No part of this bid shall be subcontracted to another party furnishing fuel without the wntten approval of Fort Bend County~~

~~2 INITIALS OF BIDDER:~ Fort Bend County Bid #OI~07~~

~~G. INSURANCE:~~

1 All bidders must subrrut, WITH BID, a certificate of insurance indicating coverage in the amounts stated below In lieu of submitting a certificate of insurance, bIdders may subrrut, WITH BID, a notarized statement from an Insurance company, authorized to conduct business in the State of Texas, and acceptable to the County, guaranteeing the issuance of an insurance polIcy, Withthe coverage stated below, to the contractor named herein, if successful, upon award of this contract Failure to provide required insurance certificate or notarIZed statement may result in dIsqualificatIOn

2 The successful bidder shall obtain at Its sole expense, and shall subrrut to the Office of the County Purchasing Agent, certificates of Insurance satisfactory to the County, narnmg the County, the contractor and its employees as Insured

~~a Workers Compensation See Enclosure #3~~

~~b Employer's Liability $500,000~~

~~c General liability including~~

~~(1) Prerruses/OperatlOns (2) Products/Completed Operation (to include accidental spillage coverage) (3) Contractual (4) Personal injury/AdvertiSIng Liability~~

~~General lIabulty lirruts shall be equal to or greater than~~

~~(1) $100,000 Bodily Injury per person $300,000 Bodily Injury per occurrence $100,000 Property Damage per occurrence, or,~~

(2) $500,000 Bod1ly injury and Property Damage combined, Single hrrut . SpecIfYarmual aggregate, if any The rrummumava1lablearmual aggregate for the purposes of tins Agreement shall be $1,000,000 Clanns - made pohces shall not be acceptable All pohcies shall be occurrence basis

~~d Automob1le Liabihty~~

~~All owned, non-owned or Inred velncles must be covered LIabIlIty hmlts shall be greater than or equal to~~

~~3 INITIALS OF BIDDER. ()f-- Fort Bend Coun~ BId #01-007~~

~~G. INSURANCE cont'd:~~

~~(I) $100,000 Bodily Injury per person $300,000 Bodily Injury per occurrence $100,000 Property Damage per occurrence, or,~~

~~(2) $500,000 Boddy IllJury and Property Damage combined, single hnnt~~

~~e Excess Liability Coverage shall be greater than or equal to $1,000,000 combined, single hmit SpecIfy aggregate, if any~~

3 Contractor shall not commence any portIOn ofthe work under thts Agreement until it has obtained the insurance required herem and certificates of such insurance have been filed WIth and approved by the County

~~4 No cancellation of or changes to the certificates, or the poliCIes, may be made without sixty (60) days prior, wntten notificatIon to the County~~

~~5 Approval of the Insurance by the County shall not reheve or decrease the liabihty of the Contractor~~

~~H. INDEMNIFICATION:~~

Contractor agrees to Indemnify, defend and hold the County hanniess from each and every claim, demand, suit, action, proceedmg, lien or judgement caused by or arising out ot: directly or indirectly, or in connection WIththe acts and omissions of Contractor pursuant to this Agreement

I Contractor shall timely report all such matters to the County and shall, upon the receipt of any such clatm, demand, Sillt,actton, proceeding, hen or Judgment, not later than the fifteenth day of each month, provide the County WIthEl written report on each such matter covered by thts paragraph and by paragraph b below, setting forth the status of each matter, the schedule or planned proceedings WIth respect to each matter and the cooperatIOn or aSSIstance,If any, of the County reqUITedby Contractor in the defense of each matter

2 The County shall timely forward to Contractor copIes of any and all claIms, demands, SUItS,actions, proceedmgs or judgments whtch It may recei";e and whtch it may contend is covered by this section Thereafter, the County shall fully cooperate WIth Contractor m its defense of each such matter

3 Contractor's duty to defend Indemnify and hold the County harmless shall be absolute It shall not abate or end by reason of the exptratlOn or temunation ofthts Agreement urness otherwtse agreed by the County In wntlng The prOVIsionsof thts sectIOn shall suTVIvethe terminatIOn of the Agreement and shall remain In full force and effect WIth respect to all such matters no matter when they anse

~~4 INITIALS OF BIDDER: \If Fort Bend Count) BId #Ol-U07~~

~~H. INDEMNIFICATION (coot'd):~~

4 In the event of any dispute between the parties as to whether a claim, demand, suit, action, proceeding, lien or judgment appears to have been caused by or appears to have arisen out of or in connection with acts or onnssions of Contractor, Contractor shall never -the-less fully defend such c1alITI,demand, SUIt,action, proceeding, hen or judgment until and unless there is a deternnnation by a court of competent jurisdiction that the acts and omissIOns of Contractor are not at Issue in the matter In such event, the County shall promptly reimburse Contractor for its costs of defense

5 In the event that any such matter being so defended by Contractor also mvolves any claim of negligence or wrongful action by the County, the County shall have the obligation to participate in the defense of the matter through separate counsel

7 In the event of any fina1 Judicial determination or award of any matter covered by tins section the County shall be responsible to third parnes, pro rata, for any negligence determined to have been caused by the County

8 Contractor's indemnification shall cover, and Contractor agrees to indemnifY the County, in the manner proVided for and to the extend described above, m the event the County is found to have been negligent for having selected Contractor to perform the work described in tins Agreement

9 The provision by Contractor of insurance shall not hmit the liability of Contractor under tins Agreement , 10 Loss Deduction Clause - The County shall be exempt from, and in no way hable, for, any sums of money which may represent a deductible many msurance policy The payment of deductibles shall be the sole responslblhty of Contractor and/or Trade Contractor providmg such Insurance

~~J. PERFORMANCE SECURITY:~~

The successful bidder must WIthin five (5) calendar days after notIfication of bid award, proVide the Fort Bend County Purchasmg Agent with a Performance Secunty m the amount of $1,000 00 Performance Secunty must be in the form of a Caslner's Check or Certified Check payable to Fort Bend County

~~5 INITIALSOFBIDDER.~ Fort Bend County Bid #O1~07~~

~~K. VENDOR RESPONSmILITIES:~~

~~Contractor responsible for Insuring constant availability of fuel and the absence of excessive water at the vanous pumps throughout Fort Bend County and the CitIes~~

~~1 On a recumng baSIS,frequency to be detemuned by the vendor, he shall measure the fuel at each location~~

2 Iffuel is needed, vendor shall contact a County or City employee (whichever applies) at that location for authorization to begin delivery The County or CIty employee must proVIde to the vendor a Purchase Order number before delivery is made

~~3 A single episode of the vendor permitting a tank to become empty at any locatIon shall be cause for Fort Bend County to cancel this contract.~~

4 Vendor is to use water indicating paste (festmaster or equal) on the measuring stick each time fuel is measured In each tank. Any indIcation of water must be reported to the Purchasing Agent immediately Minor amounts of water in the tank will not preclude delivery

~~L. QUALITY CONTROL:~~

Fort Bend County and the CIties reserve the right to catch samples and test fuels at time of delivery for specification compliance Costs for tests shall be borne by the Contractor in the event product fails to meet specs Samples may be taken from delivery truck at time of delivery in the presence of the dover or vendors representative Ifan on-the-spot test indicates the fuel contains alcohol the delivery will not be accepted Vendor remains responsible for insuring an uninterrupted supply of fuel to each location

~~I Fuel must contain no fungus, algae, debris, water or other contaminjmts~~

~~2 DIesel fuel must have a minimum rating of 40 cetane~~

~~3 Diesel fuel must be fungible low sulphur grade 74~~

~~4 Fuels must meet all Colonial Plpelme Specifications~~

~~5 Diesel fuel must be pulled from a terminal operated by one of the following supphers Chevron, Exxon, Mobil, PhiI1ips66, ShelI, Texaco (enter mformation on Page #9)~~

~~6 INITIALS OF BIDDER: ~ Fort Bend County BId #01-007~~

~~M. DELIVERY:~~

All dehvered product shall be transferred only to County or City owned tanks as listed on Pages # 10, # II and # 12 Dehvery trucks shall be equipped with accurate meters and quantities must be verifiable by County or City personnel upon completion of delivery Contractor must be able to furnish certifications issued by the State of Texas which verify tank capacities on each truck Deliveries shall be made on a measured gallon basis Delivery ticket must reflect gallons delivered and temperature of fuel when dehvered Invoices must be adjusted to reflect a net gallon delivery corrected to 60 degrees Fahrenheit

I Vendor must make one hour dehveries in the event ofan emergency Failure to do so will be cause for Fort Bend County or any City to purchase fuel on the open market, charging back to the vendor the difference between market and contract price, subtractmg such total from outstanding invoices or the Performance Security

2 The successful bidder shall not deliver products or provide services as part of this contract without a Purchase Ordenssued by the Fort Bend County Purchasing Agent or City offiCial (whichever applies) Successful bidder shall not dehver products or services in excess of those authonzed and under no circumstances will Fort Bend County or the Cities be liable for payment of products or services winch exceed the amounts authorized by the Purchase Order

~~3 All delivenes must be made and completed between 8 00 AM and 3 30 PM, Monday thru Fnday, unless other arrangements are made~~

4 Vendor must have a minimum of two (2) delivery vehicles winch meet or exceed all applicable EP A and OSHA rules and standards (enter informanon on page #9) Delivery velncles must have built in meters to accurately determine the amount of fuel delivered per location Fort Bend County and the Cities reserve the right to refuse delivenes from vehicles not so eqUipped

~~5 Fort Bend County and the Cines reserve the nght to add or delete dehvery locations as needed~~

~~N. PROJECTED REQUIREMENTS:~~

~~It IS esumated that Fort Bend County and the Cines combmed will use apprOltimately 460,000 gallons of diesel within one (1) year~~

~~O. PAYMENT:~~

~~1 Fort Bend County guarantees payment Within 30 days after receipt ofa correct and complete invoice~~

~~2 The Cines must each be invoiced separately from the County~~

~~3 Fort Bend County will not be responsible for payment of City mvoices~~

~~7 INITIALS OF BIDDER: 0----r Fort Bend County Bid #01-007~~

~~P. IRS REGISTRY: (See Page #9).~~

Vendor must have been issued, and have in current status the IRS Certificate of Registry (Form 637) A copy of certificate must be submitted with bid, faIlure to do so will result in the dlsquahfication of bid

~~Q. REFERENCES: (Enter information on Page #9)~~

Bidders must submit WIthbid a list of no less than three (3) references References must state contact person's naIne and phone number at each location References submitted must be of contracts within the past two (2) years and similar or larger operation than Fort Bend County Failure to submit references will result in the disqualIficatIOn of bid References will be a consideration in the evaluation of bid

~~R INTERLOCAL PARTICIPATION:~~

~~Additional governmental entities, within Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those participatIng entities and to invoice each entity seperately~~

~~S. ENCLOSURES:~~

~~The follOWIngbeing mcorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~I Enclosure #1 - General Requirements~~

~~2 Enclosure #2 - Purchase Order Terms and Conditions~~

~~T. BID PRICE: (Enter information on Pages #12)~~

Vendors shall bid a fixed price differential above or below the average pnce posted for that particular fuel m the Oil Pnce InformatIOn Service (OPIS) Pad 3 Report for Houston, Texas The average price may vary from week to week, however, the price differentIal (+ or -) must remain constant for the duration of the contract In arriVIng at the inVOicepnce the vendor shall apply the differentIal to the average pnce shown on the OPIS Pad 3 Report received Monday of the week following the week during winch delIvery IS made (NOTE To avoid delay in payment please adhere to tins proviSIOnto the letter) SeIlmg pnce must not mcIude Federal Excise Tax, Fort Bend County and the Cities are tax exempt governmental entitIes Fort Bend County and the Cities will pay State Fuel Tax; however, do not mclude State Fuel Tax in bid price, this tax must be listed separately on each invoice submitted for payment Vendor must proVIde copy ofOPIS Pad 3 report with each invoice

~~8 INITiALSOFBlDDER:~ Fort Bend County Bid #01-007 u. BIDDER COMPLETE THE FOLLOWING:~~

~~1 Is proof of Insurance attached? lYES _NO~~

~~2 From what terminal(s) will the dIesel you propose to furnish Fort Bend County and~~

~~the CIties be "pulled"? Ie r-M i "'< (5 ; f\ -HC'> usto '" j V\ c IIftJ e.-',~~

~~TeiCl CO) £b,'II, ,6) ClevroV\) She U~~

~~3 Make, model, capacIty and license plate number of delivery vehIcles which WIll actually contain product (see page #7) ;s ±£e a~r:t- Low 8,'01,~~

~~f, ~ 4 if I, 'f Truck B _.....:..-., " _~~

~~Truck C (optional) _~~

~~4 Brand of built in meters (see page #7)~~

~~Truck A Sa 11'\ h as Truck B " '. _ Truck C _~~

5 Is IRS Certtficate of Registry (Form 637) attached? __ YES :¥-NO 1fC,5 h...ev\ .-rp{CUf'c1 b'1 (J If, ""Q1r:- Ve.4"r S+,dV5 - Ov.,. -*- ,.5 6 References CorrJpany, contacVperson, phone number (see page #8) U V 7 G> 't'i 0000 5

~~a do II sfo" [l1 e trofa Ii +0 V1 'UaVL'>;± 1ft<~ y,bp(}C- NO,:t <-1; 1')/3 -7 ;~~ 't~~

~~b IDC--:LD - D'(y" ,VI Bit 13f,,-737-(.3S-3~~

~~c 6cq7<;lriClGIIl\tve Cha"k-s (rook Q7'1-2YJ"-4)(P/- $ -:::J ) ) Purcho>Q 0-F~~

~~9 INITIALS OF BIDDER: Fort Bend County Bid #01-007~~

~~U. BIDDER COMPLETE THE FOLLOWING (cont'd):~~

~~7 Price bid (+ or -) OPIS PAD 3 average price for Houston, Texas for diesel fuel, grade 74 low sulphur, per gallon~~

~~DepartmentILocation Tank Capacity at each Location~~

~~George Memorial Library 100 (AuxJliary Generator) 1001 GolfviewDr Richmond~~

~~Shenff Department 100 (Auxihary Generator) 1410 Ransom Rd Rtchmond~~

~~Road and Bridge 4,000 201 Payne Lane 900 (overhead) Crabb~~

~~Road and Bridge-Needville 4,000 9110 Long Needville~~

~~Road and Bridge-Beechnut 8,000 19310 Beechnut Rd. Richmond~~

~~Road and Bridge-Dairy Ashford 4,000 129191/2 Dairy Ashford Sugar Land~~

~~Dramage District 4,000 1022 Blume Rd Rosenberg~~

~~Emergency Medical Service 2,000 4336 Hwy 36 Rosenberg~~

~~10 INITIALSOFBIDDER:~ Fort Bend County Bid #01-007~~

~~U. BIDDER COMPLETE mE FOLLOWING ( cont'd):~~

~~DepartmentILocation Tank Capacity at each Location~~

~~City of Missouri City 4,000 Public Works Depart 1919 Scanlin Rd Missouri City~~

~~City of Missouri City 250 (Auxiliary Generator) 1522 Texas Parkway FM 2234 Missouri City~~

~~City ofRiclunond 2,000 106 N 2nd Street Rtclunond~~

~~City of Rosenberg 1,000 Fife Department 1021 Fourth St Rosenberg~~

~~City of Rosenberg 500 Fleet Maintenance Division 210 Mulcahy Rosenberg~~

~~City of Rosenberg 250 Waste Water Plant lA (overhead) 2700 Avenue A Rosenberg~~

~~City of Stafford 6,000 1014 Staffordslnre Stafford~~

~~CIty of Sugar Land 4,000 III Gillmgharn Lane Sugar Land~~

~~City of Sugar Land 2,000 Airport 12888lhghway 6 South Sugar Land~~

~~11 INITIALSOFBIDDER:~ Fort Bend County Bid #Ot~07~~

~~U. BIDDER COMPLETE THE FOLLOWING (cont'd):~~

~~Department/Location Tank Capacity at each Location~~

~~City of Sugar Land 2,000 2120 Austin Parkway Sugar Land~~

~~Bid price (+ or -) OPIS Pad 3 average, diesel:~~

~~REMINDER: Add the fee described in Sec. 26.3574 Texas Water Code to your bid price.~~

~~(\()-/-e : Ii~s-t'-e'"-- LUttS 5u.sfevcd@c;{ '-1/1100 ~ (1..<::. le'f~~

~~~ 12 INITIALS OF BIDDER: 0f CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND~~

~~This memorandum of agreement made and entered mto on Ule :?~y of "u, c , 20CD, b} and bet\\een Fon~~

Bend County m the State of Texas (hereinafter deSignated County), aclJng herem by County Judge James C Adolphus, byVlnue \let 1Il"'1)"1:1'" t.- of an order ofFon Bend County Conumssloners Court, and.!:06..U~[b~l2J.:m::l;l.2.,.~ I(heremaflcrdeslgnated Contractor) (company name)

~~WITNESSETH~~

The Contractor and the County agree that the bid and specrlicauons for the Purchase of Diesel which are hereto attached and made a pan hereof, together WIth thts mstrument and the bond (when req11lred) shall constttute the full agreement and contract between parltes and for furmslung the Items set out and descnbed, the County agrees to pay the pnces sttpulated m the accepted b"l.

~~ItISfunher agreed that thts contract shall not become bmdtng or effecttve unltl SIgned by the parltes hereto and a purchase order authonzmg the Items destred has been ISSUed.~~

~~Executed at Rtclunond, Texasthts_l? ~ day of ~ '" c.~"YY'\~ 20Do Fonc.Bend County, Texas County Judge~~

~~By:~L~ tJ Si;.lfefutllltlOllCtOr~~

~~By: (J;;tlc+ L.. hU~L;ha(5lJn Prin Name and Title~~

~~I<"pfrCSt?Vl-fqf" lie-..~~

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~~90 Q.;;; z z z z z ;:l"..o o o o o o ..00= III Cl III III III E-e.. ;:l CT - 6. 6. 6. 6. 6. Q.a.;;l .,8-~ :; '" "0.. INVITATION FOR BIDS~~

~~TERM CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNS, POSTS AND SUPPLIES FOR FORT BEND COUNTY~~

~~BID #01-010~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, subject to the Terms and Conditions of thIS Invitation for Bids, for the term contract for the purchase of traffic signs, posts and supplies for Fort Bend County, as described on the attached speCIfications, will be received In the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 liberty Street, Suite 103, Richmond OR (Mall to: 301 Jackson, Richmond, Texas 77469) until 1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and pUblicly read In the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, SUIte 100, Richmond, Texas. Bids received after the speCIfiedtime will be returned unopened.

~~LEGAL NAME OF CONTRACTING COMPANY~~

~~FEDERAL I D # (Company or Corporation) SOCIAL SECURITY # (IndiVidual) «)dO - 4b3- qSlo 713-241-7064 TELEPHONE NUMBER FACSIMILE NUMBER~~

~~\UFTIC Sp;;c/ALI.51 CONTACT PERSON TITLE~~

~~~ 2S AVE 1-\ EA)\ 76011 COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE~~

~~t;zs Ave. H cAST ?be II COMPLETE STREET ADDRESS CITY & STATE ZIP CODE~~

~~FBCPA FORM 103 (20NOVOO) Fort Bend County Bid IIOI~IO~~

~~A. SCOPE:~~

~~II is the intent of Fort Bend County to contract with one (1) or more vendors to provide traffic signs, posts and supplies to Fort Bend County winch meet or exceed the specifications contained herein~~

~~B. PERIOD OF CONTRACT:~~

This contract is for the period 1 JANUARY 2001 thm 31 DECEMBER 2001, renewable annually for two (2) years (through 31 December 2003) if mutually agreeable under the same terms and conditions This contract may be terminated by either party for any reason with thirty (30) days written notice of intent to terminate

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been issued The use of liquid paper is NOT acceptable and may result in the disquaIification of bid Ifan error is made, vendor MUST draw a line through error and initial each change

~~D. FORT BEND COUNTY REPRESENTATIVE:~~

Point of contact for this contract will be Debbie Kammslo, CPPB, Assistant County Purchasmg Agent, Fort Bend County Purchasing Department, 301 Jackson, RIchmond, Texas 77469 Question must be submitted in wnting and may be faxed to (281) 341-8642

~~E. GENERAL:~~

~~1 QuantIties lIsted are estImates only Fort Bend County does not guarantee the quantIties stated will be purchased~~

~~2 No rnmtrnum orders, by quantIty or dollar amount~~

~~F. DELIVERY:~~

~~1 Vendor must complete delIvery within fourteen (14) worlong days after receIpt of purchase order~~

~~2 The successful bidder shall not deliver products without a Purchase Order Issued by the Fort Bend County Purchasing Agent.~~

3 The successful bIdder shall not dehver products or services m excess of those authorized and under no circumstances will Fort Bend County be liable for payment of products or services winch exceed the amounts authorized by the purchase order

~~2 INITIALS OF BIDDER: \2):- , Fort Bend County Bid #01-010~~

~~F. DELIVERY (cont'd):~~

~~4 All deliveries must be made and completed between 8 00 AM and 3 00 PM, Monday thru Friday~~

~~5 Fort Bend County reserves the right to add or delete delivery locations as needed~~

~~G. ESCALATION CLAUSE:~~

Successful bIdder may apply for a pnce increase/decrease to the Fort Bend County Comrntssioners Court Price increase will be the amount increased to the vendor from his supplier, written documentaoon of the increase must be provided NO applicaoon for a price increase may be submitted within the first four (4) months of this contract. Increases of more than 25% of the bid price will not be considered

~~H. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entitles, within Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those participating enoties and to invoice each entity separately~~

~~L VENDOR SELECTION:~~

~~This contract will be awarded to the lowest and best bid per section Bidder must bid on every item in the section in order to be considered~~

~~J. ENCLOSURES:~~

~~The following being incorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~1 Enclosure # 1 - General ConditIons~~

~~2 Enclosure #2 - Purchase Order Tenns and ConditIOns~~

~~3 INITIALS OF BIDDER:~\L , Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS:~~

~~SECTION A: Complete signs.~~

~~Finished traffic signs must be 080 aluminum with faces of high intensity, reflective sheeting~~

~~Item No. Qtt Description Unit Price Total~~

~~Finished Regulatory Signs~~

~~857-00005 400 All way, 18 x 6 Finished School Zone SignS ; 857-00060 40 School crossing symbol, 36 x 36 $,----'--- $,-..,..--- F10urescent yellow/green Diamond grade~~

~~857-00066 20 Church 30 x 30 $ $ I \ Finished Warning SignS I~~

~~\ 857-00195 30 Road construction ahead, #MCW20-lD, 36 x 36 $~~

~~857-00230 50 Stop ahead (symbol), #MW3-1a, ,$'+ 30x30 $ \ i I 857-00240 80 Turn left & right, #Wl-l, 30 x 30 $ $ I~~

~~857-00245 50 Watch for ice on bndge, 36 x 36, lunged $,----'-- $,---'-----~~

~~857-00250 30 Workers ahead, #MCW21-lb, 24 x 24 $,------'---$,----~~

~~Finished Miscellaneous SignS~~

~~857-00255 100 Slow cluldren playing #20-136,18 x 24 $,---- $,---- Flourescent yellow/green Diamond grade~~

~~Total Section A:~~

~~4 INITIALS OF BIDDER: R iL FBC PURCHASING DEPT. Fax:281-341-8645 Nov 20 2000 9:23 P.02~~

~~•AlIleII.ded 11120100 K. SPECIFlCAnONS (etIDt'd):~~

~~SEcrlON B: faces~~

~~F&Ce' mwt be pressure sensittve, high intensity, retleetive sheetiDg. lte. No. on partiptiDII DaitPriq ImI 8S7-OO~60 60 Faces, han4icap, 24 x 18 S tJ 6 6\0 SjJO BID~~

~~1157-OO265 200 FlUs, stop sign, 24 x 24 S S 3M #3990 VIP or equal~~

~~8S1..()()210 Soo Faces, stop sign, 30 " 30 S 3M #3990 VIP or equal~~

~~851.00215 150 Faces, Yield, 26 x 26 $ S~~

~~851-00276 25 Faces. Ped Xing, high intensity yellow S S 30 It 30~~

857.00277 50 Faces, cluldren at play, Iugh UUeDSItyyeUow 18 It 24 "851·00850 50 F~ stop ahead, 30 " 30 I diamond grade :T: , *851-00855 50 FlI£l:S, SIgIIoI1sahead (symbol), 30 x 30 ) diamond grade S S

~~Total Sectioo B: S NO {3 ID~~

~~5 1J'llI'LUS OF BIDD'l1l; P./L LOCATION'281 341 8645 RX TInE 11/20 '00 10:14~~

~~3Jll\ll3S 1Sm WdS3l31 (ij 02 01 00 07/11 007 ON :nr ~ Fort Bend County Bid 1101-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C: Blanks~~

~~Blanks must be 080 aluminum~~

~~Item No. Qtt Description Unit Price Total~~

~~857-00310 60 Blanks, diamond 30 x 30 $Jljo BIG $ NO eJlO~~

~~857-00315 60 Blanks, diamond 36 x 36 857-00320 60 Blanks, octagon 24 x 24 :-r-:\ 857-00325 1000 Blanks, octagon 30 x 30 $ $ \~~

~~857-00330 60 Blanks, octagon 36 x 36 $ $ I 857-00335 65 Blanks, pentagon 30 x 30 $ $ \~~

~~857-00340 65 Blanks, pentagon 36 x 36 $ $ I~~

~~857-00345 150 Blanks, rectangle 12 x 18 $ \ $ I Rounded comers I I 857-00350 150 Blanks, rectangle 18 x 24 $ $ I I Rounded comers I~~

~~857-00355 135 Blanks, rectangle 24 x 12 $ ,$ I Rounded comers~~

~~857-00360 500 Blanks, rectangle 24 x 30 $ $ I Rounded comers ! 857-00365 60 Blanks, rectangle 30 x 36 $ $ I Rounded comers~~

~~857-00370 80 Blanks, rectangle 36 x 24 $ $ I Rounded comers \ 857-00375 80 Blanks, rectangle 48 x 30 $ I $ \ Rounded comers \ \ I , \ 857·00380 40 Blanks, rectangle 48 x 36 $ $ Rounded comers~~

~~6 INITIALS OF BIDDER: RIL Fort Bend County Bid tIOl~10~~

~~K. SPECIFICATIONS (cont' d):~~

~~SECTION C (cont'd)~~

~~Item No. Q.tt Description Unit Price Total~~

~~857-00385 150 Blanks, square 18 x 18 $No (jIO $ No E,iO Rounded comers~~

~~, 857-00390 100 Blanks, square 24 x 24 $ I $ Rounded comers, Diamond punch \~~

~~857-00395 150 Blanks, square 30 x 30 $ \ $ Rounded comers, Diamond punch I I I 857-00400 75 Blanks, square 36 x 36 $ I $ Rounded comers, Diamond punch~~

~~857-00405 100 Blanks, square 48 x 48 $ Rounded comers .I~~

~~857-00445 600 Blanks, street sign, flat, 6 x 12 $ $ \ Rounded comers~~

~~857-00450 600 Blanks, street sign, flat, 6 x 18 $ $~ Rounded comers~~

~~857-00455 600 Blanks, street SIgn,flat, 6 x 24 $ $~ Rounded corners~~

857-00460 600 Blanks, street sign, flat, 6 x 30 $ $ \ Rounded comers I 857-00465 600 Blanks, street sign, flat, 6 x 36 $ $ I Rounded corners I I I 857-00470 600 Blanks, street Slgn, flat, 6 x 42 $ $ I Rounded comers ,I I

~~857-00475 600 Blanks, street SIgn,flat, 6 x 48 $ $ Rounded corners~~

~~857-00476 150 Blanks, street SIgn,flat, 9 x 30 $ $ Rounded corners~~

~~7 INITIALSOFBIDDER:~ Fort Bend County Bid IIOl~10~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00477 300 Blanks, street sign, flat, 9 x 36 $ No e,o $ N~~

~~857-00478 400 Blanks, street sign, flat, 9 x 42 $ $ Rounded comers~~

~~857-00479 400 Blanks, street sign, flat, 9 x 48 $ $ Rounded comers~~

~~857-00480 60 Blanks, triangle 30 x 30 x 30 $ $ Rounded comers~~

~~857-00485 60 Blanks, tnangle 36 x 36 x 36 $ $ Rounded comers~~

~~857-00490 60 Blanks, tnangle 48 x 48 x 48 Rounded comers .-J-.~~

~~Total Section C: $ NO BID~~

~~8 INITIALS OF BIDDER: Ii(L Fort Bend County Bid #tll-OlO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION D: Posts and accessories.~~

~~Item No. Q!y Description Unit Price Total p.~ ~i... ZQ60·0D 857-00495 1000 Brackets, sign mountmg, extruded ~,q~ aluminum, complete set, style #Z238 $-Cl:c Gi't1 $ ~l ~1f,l~~

~~857·00500 1000 Caps, die cast aluminum for 2" standard pt, f(1L. pipe crosspiece 90 degree, style #606 $21 P $ 2,9 {,O.OD~~

857-00520 1000 Tubular sign post, high VIsibilityyellow RIL- 065, lOft, 2-3/8" 0 D pre-punched f-~\ 4:- E $ \4.7 .$0· VO L 857-00525 1000 Tubular sign post, !ugh visibility yellow t"-' V..I 065, 12 ft, 2-3/8" 0 D , pre-punched $ \7 .1.b $ \11'50.00 {i-iL t.\L.. 857-00526 1000 Cross brackets for street signs, 5-112" blade holder with set screws $ '3 .'34- $ 3.i54-0·OD

~~~ 857-00527 1000 Post caps for flat blades, 5-112" blade ~J- holder with set screws $ :3 'ib $ 3.9w.OO~~

~~Total Section D:~~

~~9 INITIALS OF BIDDER: fJ~ Fort Bend County Bid #01..QI0~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION E: Posts and accessories: Telespar Sign Support System.~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00850 1000 Square Sign post, 12 ft, 12 gauge, yellow, pre-punched, 1-3/4" x 1-3/4" $lb b~ $lb,b30cO~~

~~857-00855 1000 Square sign post, 10ft, 12 gauge, yellow, pre-punched, 1-3/4" x 1-3/4" $ 13 'i() $13/100 Du~~

~~857-00860 1000 Square post caps, 5-1/2" blade $ 3 '16 $ J,%O 00~~

~~857-00865 1000 Large corner bolts $ 130 $ 30Q .OJ~~

~~857-00870 1000 Small corner bolts $ I Z.s $ '2.S0,O 0 ~ ~ 857-00875 1000 Flanged nuts $ . Q5 $ ;j 0 c.o~~

~~857-00880 1000 Anchors $ 4Aq $ '1 /tqO.OO~~

~~857-00885 1000 $ 3 0<1 $ 3 Oq 0 00 Reinforcement Sleeve I~~

~~857-00890 1000 Drive RIvets $ ,4-q $ 4-10.00~~

~~857-00895 1000 Cherry mate rivets $ I l'L $ 'Z.'Z.o 00~~

~~857-00900 1000 Square hand driver $ 40.00 ~~()) 000~~

~~Total Section E: $11.3 410,00 I~~

~~Z 10 INITIALS OF BIDDER: «t F~rt Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION F: Paz-Lac posts and accessories~~

~~Item No. lliI Description Unit Price Total~~

~~857-00535 3000 Poz-Loc base socket $ 6047 $ \q/rIO.OO • 857-00540 10 Paz-Lac drive cap $ Ul 00 $ f80.00~~

~~857-00545 10 Paz-Lac socket driver $ 115.00 $ \ ,ISO.CO~~

~~$ 4) \70 00 857-00550 3000 Paz-Lac wedge $ I 3" 857-00555 10 Poz-Loc wedge puller $ 40 00 $ 400.00~~

~~Total Section F:~~

~~11 INITIALSOFBlDDER:~ Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies~~

~~Item No. !lli Description Unit Price Total~~

~~857-00560 400 Barricade, portable type Istandard 24", plastic $ I'J () "10 $ r-kJ (jIO~~

~~857-00570 200 Barricade, portable type Istandard 36" plastic~~

~~857-00575 40 Bamcade tape, 8" x 50 yd WIth 6" 'I', stripe, type A, left or right, red and wlnte, dIamond grade roll $ $~~

~~857-00580 40 Barricade tape, 8" x 50 yd with 6" stnpe, type A, left or nght, orange and white, diamond grade roll $ $~~

~~857-00595 300 Delineators, acrylic pnsmatic, centermount reflector, 3-1/4" with 3/16" center round hole $ $~~

~~857-00600 300 Object marker, type 3, .080 aluminum, I 12 x 36, retro-reflective sheeting, High mtensity $ $ I~~

~~857-00605 1500 Road markers, Carsonite CRM-375, I fleXible3 75" width x 62" length, yellow $ $ \ I~~

~~857-00610 100 Safety cones, 18", orange, 3# weight $ $~~

~~857-00611 500 Safety cones, 28", orange, 5# weIght $ $ Tnmhne~~

857-00615 100 Safety vests, heavy duty, vrnyl coated , nylon yarn fabnc, strong dayglow red I I orange bound WIthblack vrnyl bindmg I and reflectIve vertIcal stnpes of hIDe yellow WIth silver, velcro closure and elastIc SIde straps, reflectIve, Ingh mtensity $ $ ! 857-00620 150 Sheeting, 6" x 50 yd , green, pressure sensItive, Ingh mtenslty, reflective $ $

~~p,/c.. 12 INITIALS OF BIDDER: _ Fort Bend County Bid #OI~IO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies (cont'd)~~

~~Item No. Qtt Description Unit Price Total~~

~~857-00625 50 Vertical panel stand, portable, upright, 4 ft with left or right reflective engineer grade sheeting, plastic $fJ~ClIO $ No ~IO~~

~~857-00630 50 Warning flags, economy, 18 x 18 fluorescent red vinyl with 3/4" x 36" wood dowel $ $~~

~~857-00631 50 Warning flags, economy, 30 x 30 fluorescent red vinyl with 3/4" x 36" wood dowel $ $~~

~~857-00635 50 Warning flags, heavy duty, 24 x 24 fluorescent heavy duty red/orange knitted with 36" wooden staff $ $~~

~~857-00640 50 Warning light, Colt RS-600, 6 volt type A $ $~~

~~857-00645 200 Warning light spring battery, general purpose 6 volt type A $ $~~

~~857-00650 1000 Dehneator reflectors, 4" x 4", white alummum with high mtensity sheeting $ ,$~~

~~857-00655 1000 Delmeator reflectors, 4" x 4", yellow a1ummum WIth high intensity sheeting $ $~~

~~857-00660 200 Safety barrells, MVTCD standard $ $ Plastic base~~

~~Total Section G:~~

~~13 INITIALS OF BIDDER: __f.L-1 _ Fort Bend Count) Bid #01-1110~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M Supplies~~

~~Item No. Qn: Description Unit Price Total~~

~~857-00662 10 Rolls, 6", wro.te, reflective, !ugh Intensity $JlG 1310 $ flo ~l\0~~

~~857-00665 10 Rolls, 24", white, reflective, high I Intensity $ I $~~

~~857-00670 30 Rolls, 30", white, reflective, !ugh Intensity $~$ \ i 857-00675 20 Rolls, 36", white, reflective, high Intensity $ $~ I 857-00680 8 Rolls, 6", yellow, reflective, high \ \ Intensity $ $ I~~

~~857-00685 10 Rolls, 24", yellow, reflective, high Intensity $ I $~~

~~857-00690 20 Rolls, 30", yellow, reflective, high Intensity $I$~~

~~857-00695 20 Rolls, 36", yellow, reflective, high Intensity $ $~~

~~857-00700 6 Rolls, 6", orange, reflective, high '$1 Intensity $~~

~~857-00705 9 Rolls, 30", orange, reflective, high intensity $ $~~

~~857-00710 9 Rolls, 36", orange, reflective, !ugh Intensity $ $~~

~~857-00715 5 Rolls, 6", blue, reflective, high IntenSity $ $~~

~~857-00720 10 Rolls, 24", blue, reflectIve, high Intensity $ $~~

~~857-00725 10 Rolls, 30", blue, reflective, high Intensity $ $~~

~~14 INITIALS OF BIDDER:f/t.. 15 INITIALS OF BIDDER: t:.! <- Fort Bend County Bid #Ol~lO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00810 6 Series 420 12" intersectIOn Grade Tape rJo BID (30 yd) $ $No BIO 857-00815 6 Series 380-1 W1ute HI Performance Tape 12" x 30 yd, WIth adhesive $ $~~

~~857-00905 10 Rolls, 24" x 50 yd , yellow, engineer grade, pressure sensitive, #3271 $ $~~

~~857-00910 10 Rolls, 30" x 50 yd , yellow, engmeer grade, pressure sensitive, #3271 $ $~~

~~857-00915 10 Rolls, 24" x 50 yd , red, engmeer grade, pressure senSitive, #3272 $ $~~

~~857-00920 10 Rolls, 30" x 50 yd , red, engmeer grade, pressure sensitive, #3272 $ $~~

~~857-00925 10 Rolls, 24" x 50 yd , blue, engineer grade, pressure sensitive, #3275 $ $T 857-00930 10 Rolls, 30" x 50 yd , blue, engineer grade, pressure senSitive, #3275 $ $~~

~~857-00935 10 Rolls, 24" x 50 yd , green, engineer grade, pressure sensitive, #3277 $ $~~

~~857-00940 10 Rolls, 30" x 50 yd , green, engmeer grade, pressure sensitive, #3277 $ $~~

~~857-00945 10 Rolls, 24" x 50 yd , white, engineer grade, pressure sensitive, #3290 $ $~~

~~857-00950 10 Rolls, 30" x 50 yd , white, engineer grade, pressure sensitive, #3290 $ $~~

~~857-00955 20 Rolls, 24" x 50 yd , satin gold, \ Grapluc marking film series 180white \ #180-131 $ $ I~~

~~16 INITIALS OF BIDDER: 8J( Fort Bend County Bid #lll-OIO~~

~~1(. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~Pavement Markings Pre-cut, Legends and Symbols~~

~~857·00820 20 School $ IH ~\O $ ~J0 6,P , 857-00825 10 Railroad SMS L380-RP 78mal $ $~~

~~857-00830 30 Turn $ $~~

~~857-00835 40 Stop Ahead $ $~~

~~857-00840 40 XING $ $~~

~~857-00845 40 Arrows $ $+~~

~~Totlll Section H: $NO /SIO~~

~~17 INITIALS OF BIDDER: lye CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND~~

~~Tlus memorandum of agreement made and entered mto on the \dE-daY of~ C , 20 CO ,by and between Fort~~

Bend County 10 the State of Texas (heremafter deSignated County), actmg herem by County Judge James C. Adolphus, by Virtue of an order ofFort Bend County Comnussmncrs Court, and l)N \'Si1<.\,'1 c.0 ~ (heremafter deSIgnated Contractor) (company name)

~~WITNESSETH~~

The Contractor and the County agree that the bid and spccrlicatlons for the Traffie signs/posts/supplies winch arc hereto attached and made a part hereof, together WIth tins mstrument and the bond (when reqwrcd) shall constttute the full agreement

~~and contract between parlles and for furmshmg the Items set out and descnbcd, the County agrees to pay the pnces stIpulated~~

~~m the accepted bid~~

~~It IS further agreed that tins contract shall not become bmdmg or effectIve until SIgned by the parlles hereto and a purchase order~~

~~BUthOnzmg the Items deSIred has been issued \-,f' ,cr- 20 00~~

~~Fort Bend County, Texas C42 .. County Judge~~

~~By: /jn (/J!I / Signature of Contractor~~

~~R:)t-.! KRES.j! 1Rf.'FFf c.. ~PC:CIf\i Pnnted Name and Title~~

~~18 INVITATION FOR BIDS~~

~~TERM CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNS, POSTS AND SUPPLIES FOR FORT BEND COUNTY~~

~~BID #01-010~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, subject to the Tenns and ConditIons of this InvitatIon for Bids, for the tenn contract for the purchase of traffic signs, posts and supplies for Fort Bend County, as descnbed on the attached speCifications, will be received In the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond OR (Mall to. 301 Jackson, Richmond, Texas 77469) untIl 1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and publicly read in the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, Suite 100, Richmond, Texas. Bids received after the specified tIme will be returned unopened

~~ClD-bn~ lci:\ f f\r{\. LEGAL NAME OF CONTRACTING COMPANY ~-'------~~

~~(QLI· eno J(Q3 ~ FEDERAL I D # (Company or Corporation) SOCIAL SECURITY # (IndiVidual) (cd ~q?a-5B54 0DlJ1~-:J I/o TELEPHONE NUMBER FACSIMILE NUMBER~~

~~CONTACT PERSON TITLE VO.(?nv SLIOe;/ msonm-s 30J8B COMPLETE MAILING ADDRESS CITY & STAtE ZIP CODE~~

~~\\~O r\ CLiX1\dlY,-.JJ( ](;son 1))5 COPLETE STREET ADDRESS CITY & STAT~~~

~~FBCPA FORM 103 (20NOVOO) Fort Bend County Bid tIOI-oiO~~

~~A. SCOPE:~~

~~It is the intent of Fort Bend County to contract with one (1) or more vendors to provide traffic signs, posts and supphes to Fort Bend County wluch meet or exceed the specIfications contained herein~~

~~B. PERIOD OF CONTRACT:~~

This contract is for the penod 1 JANUARY 2001 thm 31 DECEMBER 2001, renewable annually for two (2) years (through 31 December 2003) if mutually agreeable under the same terms and conditions Tlus contract may be terminated by either party for any reason with thirty (30) days written notice of intent to terminate

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An autborized representative of the bidder MUST sign the contract sbeet. The contract will be binding only when SIgned by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been Issued The use of liquid paper is NOT acceptable and may result in the disqualIfication of bid !fan error is made, vendor MUST draw a hne through error and mitial each change

~~D. FORT BEND COUNTY REPRESENTATIVE:~~

Point of contact for tlus contract will be Debbie Kaminski, CPPB, AsSIstant County Purchasing Agent, Fort Bend County Purchasing Department, 301 Jackson, Richmond, Texas 77469 QuestIOn must be submitted in writing and may be faxed to (281) 341-8642

~~E. GENERAL:~~

~~1 QuantIties listed are estimates only Fort Bend County does not guarantee the quantItIes stated WIllbe purchased~~

~~2 No mlilimum orders, by quantIty or dollar amount~~

~~F. DELIVERY:~~

~~1 Vendor must complete delivery witlun fourteen (14) workmg days after receipt of purchase order~~

~~2 The successful bIdder shall not deliver products Without a Purchase Order issued by the Fort Bend County Purchasing Agent.~~

3 The successful bidder shall not dehver products or servIces In excess of those authorized and under no circumstances will Fort Bend County be hable for payment of products or servIces which exceed the amounts authonzed by the purchase order

~~2 INITIALS OF BIDDER: jI1 Fort Bend County Bid #01-010~~

~~F. DELIVERY (cont'd):~~

~~4 All deliveries must be made and completed between 8 00 AM and 3 00 PM, Monday thru Friday~~

~~5 Fort Bend County reserves the right to add or delete delivery locatIons as needed~~

~~G. ESCALATION CLAUSE:~~

Successful bidder may apply for a price increase/decrease to the Fort Bend County Commissioners Court Price increase will be the amount increased to the vendor from Ins supplier, written documentation of the increase must be provided NO application for a price increase may be submitted witlnn the first four (4) months of this contract Increases of more than 25% of the bid price will not be considered

~~H. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entities, within Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those participatmg entities and to invoice each entity separately~~

~~L VENDOR SELECTION:~~

~~This contract will be awarded to the lowest and best bid per section Bidder must bid on every item in the sectIon in order to be considered~~

~~J. ENCLOSURES:~~

~~The following bemg incorporated herem by reference for all purposes as though fully set forth herem word for word~~

~~1 Enclosure # 1 - General Conditions~~

~~2 Enclosure #2 - Purchase Order Terms and ConditiOns~~

~~3 INITIALS OF BIDDER: {II Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS:~~

~~SECTION A: Complete signs.~~

~~Finished traffic SIgnSmust be 080 aluminum WIth faces of high mtensity, reflectIve sheetmg~~

~~Item No. Q!I Description Unit Price Total~~

~~Fimshed Regulatory Signs~~

~~857-00005 400 All way, 18 x 6 $ 3.75~~

~~Finished School Zone SIgnS~~

~~857-00060 40 School crossing symbol, 36 x 36 $ bO,OO sJ?40oo Flourescent yellow/green Diamond grade~~

~~857-00066 20 Church 30 x 30~~

~~Finished WarnIng Signs~~

~~857-00195 30 Road construction ahead, #MCW20-1D, 36 x 36 $ Cfd.75 $1)r%?~5D~~

~~857-00230 50 Stop ahead (symbol), #MW3-1a, 30 x 30 $ 3S,~3 ,$lllgtn~~

~~857-00240 80 Turn left & nght, #Wl-l, 30 x 30 :tt.b9 $a,30.~ $ • 857 -00245 50 Watch for ice on bndge, 36 x 36, hInged $ l/:l.75 $.,2 (3l.5o I~~

~~857-00250 30 Workers ahead, #MCW21-l b, 24 x 24 $ J9,~O $ ')J lc ,0 II~~

~~FInished Miscellaneous Signs~~

~~857-00255 100 Slow children playing #20-136,18 x 24 $ d,(J.50 Flourescent yellow/green DIamond grade~~

~~Total Section A:~~

~~4 INITIALS OF BIDDER: Nt Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION B: Faces~~

~~Faces must be pressure sensitive, high intensity, reflective sheeting~~

~~Item No. Q!y Description Unit Price~~

~~857-00260 60 Faces, handicap, 24 x 18 $ !fMO~~

~~857-00265 200 Faces, stop sign, 24 x 24 $ ,aD, 10 3M #3990 VIP or equal~~

~~857-00270 500 Faces, stop sign, 30 x 30 $ 30,CIS 3M #3990 VIP or equal~~

~~857-00275 150 Faces, yield, 26 x 26 $ /:1..00 $l\~~

~~857-00276 25 Faces, Ped Xing, !ugh intensity yellow $ tf.ll3 $~~5,lS 30x30~~

~~857-00277 50 Faces, children at play, high intensity yellow 18 x 24 $ /0,00 $5(0.00~~

~~Total Section B: s£;?<66V.]5 j~~

~~5 INITIALS OF BIDDER: W Fort Bend County Bid #Ol-lllO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECfION C: Blanks~~

~~Blanks must be 080 aluminum~~

~~Item No. Qtt Description Unit Price Total~~

~~857-00310 60 Blanks, diamond 30 x 30 $8(O~ $..5J:l@0~~

~~857-00315 60 Blanks, diamond 36 x 36 $\0l,4~ $ll\5.do~~

~~857-00320 60 Blanks, octagon 24 x 24 $5.5a $33\, ~D~~

~~857-00325 1000 Blanks, octagon 30 x 30 $B·\.5 $O/\2O,co~~

~~857-00330 60 Blanks, octagon 36 x 36 $1\.B8 $Il c9.B:-J~~

~~857-00335 65 Blanks, pentagon 30 x 30 $ 8.(8 $Cj3[lO~~

~~857-00340 65 Blanks, pentagon 36 x 36 $1~e8 f1l;;).db~~

~~857-00345 150 Blanks, rectangle 12 x 18 $~i3Iq.5U Rounded comers~~

~~857-00350 150 Blanks, rectangle 18 x 24 $'--(.J,\.0 $w31.oo Rounded comers~~

~~857-00355 135 Blanks, rectangle 24 x 12 ~,$393,lID Rounded comers~~

~~857-00360 500 Blanks, rectangle 24 x 30 $~CID {) l/YJ.06 Rounded comers~~

~~857-00365 60 Blanks, rectangle 30 x 36 $10.35 $(O~I,DO Rounded comers~~

~~857-00370 80 Blanks, rectangle 36 x 24 $9.d.6 [email protected]> Rounded comers~~

~~857-00375 80 Blanks, rectangle 48 x 30 $\3.'if) $\1 \()L\ ,OJ Rounded comers~~

~~857-00380 40 Blanks, rectangle 48 x 36 $\l2,C3b $(o(o~HlJ Rounded comers~~

~~6 INITIALS OF BIDDER: Iff. Fort Bend County Bid /l()l~lO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C (coot'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00385 150 Blanks, square 18 x 18 n.lL1 $419,50 Rounded corners~~

~~857-00390 100 Blanks, square 24 x 24 $5.5d, $ 25@.(jo Rounded corners, Diamond punch~~

~~857-00395 150 Blanks, square 30 x 30 $M.Wd, $\ ;)93.00 Rounded corners, Diamond punch~~

~~857-00400 75 Blanks, square 36 x 36 $ \~ LId, 11:J .50 Rounded corners, Diamond punch~~

~~857-00405 100 Blanks, square 48 x 48 D2l.(oD ~, lwOoo Rounded corners~~

~~L 857-00445 600 Blanks, street sign, flat, 6 x 12 $ .qD $5 /{).oO Rounded corners 857-00450 600 Blanks, street sign, flat, 6 x 18 $\' au $]{)O.OO Rounded corners~~

~~857-00455 600 Blanks, street sign, flat, 6 x 24 $LWD $900,tJO Rounded corners~~

~~857-00460 600 Blanks, street sign, flat, 6 x 30 $c9 ,DD $-'2 CO.OC) Rounded corners~~

~~857-00465 600 Blanks, street SIgn, flat, 6 x 36 J,L\D $'1~LlD.O() Rounded corners 857-00470 600 Blanks, street Sign, flat, 6 x 42 J~~

~~857-00475 600 Blanks, street sign, flat, 6 x 48 $3,)a $\,9~.OO Rounded comers I~~

~~857-00476 150 Blanks, street sign, flat, 9 x 30 $3.D() $L{5u.oo Rounded comers~~

~~7 INITIALS OF BIDDER: tf"t4 Fort Bend County Bid IIOI~10~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C (cont'd)~~

~~Item No. Q!I Description Unit Price Total~~

~~857-00477 $ \ D?;O.O 0 300 Blanks, street sign, flat, 9 x 36 $3)PD I Rounded corners~~

~~857-00478 400 Blanks, street sign, flat, 9 x 42 $Ll.:)O $J,l~1uo ) Rounded corners~~

~~857-00479 400 Blanks, street sign, flat, 9 x 48 $l\ .50 $\ ,J~(j),6D Rounded corners~~

~~857-00480 60 Blanks, triangle 30 x 30 x 30 $~_DD $31).60 Rounded corners~~

~~857-00485 60 Blanks, triangle 36 x 36 x 36 $S.ldP $333.w Rounded corners~~

~~857-00490 60 Blanks, triangle 48 x 48 x 48 $ l \ ,LQb $l09Lo.00 Rounded corners~~

~~Total Section C:~~

~~8 INITIALS OF BIDDER: #~~

~~------T Fort Bend County Bid 1101-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION D: Posts and accessories.~~

~~Item No. Qtr Description Unit Price Total~~

~~857-00495 1000 Brackets, Sign mounting, extruded aluminum, complete set, style #Z238 $ $~~

~~857-00500 1000 Caps, die cast aluminum for 2" standard pipe crosspiece 90 degree, style #606 $ $~~

~~857-00520 1000 Tubular Sign post, high visibility yellow 065, 10 ft, 2-3/8" 0 D pre-punched $ $~~

~~857-00525 1000 Tubular Sign post, high visibility yellow .065, 12 ft , 2-3/8" 0 D , pre-punched $ $~~

~~857-00526 1000 Cross brackets for street signs, 5-1/2" blade holder with set screws $ $~~

~~857-00527 1000 Post caps for flat blades, 5-1/2" blade holder with set screws $ $~~

~~Total Section D: $ No 13/.0~~

~~9 INITIALS OF BIDDER: 1ft' Fort Bend County BId #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION E: Posts and accessories: Telespar Sign Support System.~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00850 1000 Square sign post, 12 ft, 12 gauge, yellow, pre-punched, 1-3/4" x 1-3/4" $ $~~

~~857-00855 1000 Square sign post, 10 ft, 12 gauge, yellow, pre-punched, 1-3/4" x 1-3/4" $ $~~

~~857-00860 1000 Square post caps, 5-1/2" blade $ $~~

~~857-00865 1000 Large comer bolts $ $~~

~~857-00870 1000 Small comer bolts $ $~~

~~857-00875 1000 Flanged nuts $ $~~

~~857-00880 1000 Anchors $ $~~

~~857-00885 1000 Reinforcement Sleeve $ $~~

~~857-00890 1000 Drive RIvets $ $~~

~~857-00895 1000 Cherry mate nvets $ $~~

~~857-00900 1000 Square hand driver $ ,$~~

~~Total Section E:~~

~~10 INITIALS OF BIDDER: I-.f Fort Bend County BId #lll-01O~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION F: Poz-Loc posts and accessories~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00535 3000 Poz-Loc base socket $ $~~

~~857-00540 10 Poz-Loc drive cap $ $~~

~~857-00545 10 Poz-Loc socket driver $ $~~

~~857-00550 3000 Poz-Loc wedge $ $~~

~~857-00555 10 Poz-Loc wedge puller $ $~~

~~Total Section F:~~

~~1\ INITIALS OF BIDDER: M Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies~~

~~Item No. Qtr Description Unit Price Total~~

~~857-00560 400 Barricade, portable type Istandard 24", plastic $65·,0 $ \l\J:16D,oo~~

~~857-00570 200 Bamcade, portable type Istandard 36" $~ f{~C'D,60 plastic~~

~~857-00575 40 Barricade tape, 8" x 50 yd with 6" stripe, type A, left or right, red and white, diamond grade roll~~

~~857-00580 40 Barricade tape, 8" x 50 yd with 6" stnpe, type A, left or right, $::J[D l,)u $J'G Cflj,tJO orange and white, diamond grade roll )~~

~~857-00595 300 Delineators, acrylic pnsmatic, centermount reflector, 3-114" with 3/16" center round hole $ ,85 $£65.00~~

~~857-00600 300 Object marker, type 3, 080 aluminum, 12 x 36, retro-reflective sheeting, High intensity~~

~~857-00605 1500 Road markers, Carsomte CRM-375, flexible 3 75" width x 62" length, yellow $ llo. DO ,$(;lLj , CC::O.00~~

~~857-00610 100 Safety cones, 18", orange, 3# weight $ '--\.1'--1 $ L\lLl GO~~

~~857-00611 500 Safety cones, 28", orange, 5# weight $ B. \CD $L\'3c::D.OG Trim line~~

857-00615 100 Safety vests, heavy duty, vmyl coated nylon yam fabric, strong dayglow red orange bound with black vmyl bmdmg and reflective vertical stripes of lime yellow with silver, velcro closure and elastic Side straps, reflective, hIgh intensity $850 $B5D00

~~857-00620 150 Sheeting, 6" x 50 yd , green, pressure senSitive, high intensity, reflective~~

~~12 INITIALS OF BIDDER: 141 Fort Bend County Bid #111-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies (cont'd)~~

~~Item No. lliy Description Unit Price Total~~

~~857-00625 50 Vertical panel stand, portable, upright, 4 ft with left or nght reflective engineer grade sheeting, plastiC $L\l.oo ~Ef{),ou~~

~~857-00630 50 Warning flags, economy, 18 x 18 fluorescent red vinyl with 3/4" x 36" wood dowel $~,Bo $)L\Duo~~

~~857-00631 50 Warning flags, economy, 30 x 30 fluorescent red vinyl With 3/4" x 36" wood dowel $~I,CD $(9.CD.oo~~

~~857-00635 50 Warning flags, heavy duty, 24 x 24 fluorescent heavy duty red!orange knitted with 36" wooden staff $l\ .~)Q $W2CD~~

~~857-00640 50 Warnmg light, Colt RS-600, 6 voll type A $ \ \ .05 $:Y58 (9)~~

~~857-00645 200 Warning light spring battery, general purpose 6 volt type A $;(.CO $l.lCO,06~~

~~857-00650 1000 Delineator reflectors, 4" x 4", wlute alurrunum with high intensity sheetmg $~,$q50,oo~~

~~857-00655 1000 Delmeator reflectors, 4" x 4", yellow aluminum With Iugh intensity sheeting $ ,Ll:) $Q50,oD~~

~~857-00660 200 Safety barrells, MVTCD standard $ 3/·SD $1. 5c)Q c::o j PlastiC base~~

~~Total Section G: $ )l\5,, YIio.50~~

~~13 INITIALS OF BIDDER: {11' Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M Supplies~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00662 10 Rolls, 6", w\ute, reflective, high Intensity $ $~~

~~857-00665 10 Rolls, 24", white, reflective, \ugh Intensity $ $~~

~~857-00670 30 Rolls, 30", white, reflective, high intensity $ $~~

~~857-00675 20 Rolls, 36", w\ute, reflective, \ugh Intensity $ $~~

~~857-00680 8 Rolls, 6", yellow, reflective, \ugh Intensity $ $~~

~~857-00685 10 Rolls, 24", yellow, reflective, \ugh Intensity $ $~~

~~857-00690 20 Rolls, 30", yellow, reflective, \ugh Intensity $ $~~

~~857-00695 20 Rolls, 36", yellow, reflective, high Intensity $ $~~

~~857-00700 6 Rolls, 6", orange, reflective, \ugh Intensity $ $~~

~~857-00705 9 Rolls, 30", orange, reflective, high intensity $ $~~

~~857-00710 9 Rolls, 36", orange, reflective, \ugh Intensity $ $~~

~~857-00715 5 Rolls, 6", blue, reflective, high Intensity $ $~~

~~857-00720 10 Rolls, 24", blue, reflective, \ugh Intensity $ $~~

~~857-00725 10 Rolls, 30", blue, reflective, \ugh Intensity $ $~~

~~14 INITIALS OF BIDDER: JJI' Fort Bend County Bid #OHIIO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION B: 3M SUPPLIES (cont'd)~~

~~Item No. Qtr Description Unit Price Total~~

~~857-00730 80 Rolls, 6", green, reflective, high Intensity $ $~~

~~857-00735 8 Rolls, 24", green, reflective, high Intensity $ $~~

~~857-00740 3 Rolls, 6", red, reflective, high Intensity $ $~~

~~857-00745 3 Rolls, 24", red, reflective, high Intensity $ $~~

~~857-00750 20 Rolls, 6", black, non-reflective, vinyl $ $~~

~~857-00755 20 Rolls, 24", black, non-reflectIve, vinyl $ $~~

~~857-00756 20 Rolls, 30", black, non-reflective, vmyl $ $~~

~~857-00760 10 Rolls, 6", white, non-reflective, vinyl $ $~~

~~857-00765 60 Rolls, 9", white, high intensity $ $~~

~~857-00767 60 Rolls, 30", yellow, high intensity $ $ , 857-00770 100 Rolls, 4", transfer tape $ $~~

~~857-00775 60 Rolls, 9", transfer tape $ $~~

~~857-00780 90 Rolls, 12", transfer tape $ $~~

~~857-00785 8 24", E C film, black $ $~~

~~857-00790 8 24", E C film, brown $ $~~

~~857-00795 20 24", E C film, green $ $~~

~~857-00800 10 30", E C film, green $ $~~

~~857-00805 10 2" Truck Consplculty sheetmg, Diamond grade $ $~~

~~15 INITIALS OF BIDDER: tV Fort Bend County Bid 1#01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Qtt Description Unit Price Total~~

~~857-00810 6 Senes 420 12" Intersection Grade Tape (30 yd) $ $~~

~~857-00815 6 Series 380-1 White Hi Perfonnance Tape 12" x 30 yd, with adhesive $ $~~

~~857-00905 10 Rolls, 24" x 50 yd , yellow, engineer grade, pressure sensitive, #3271 $ $~~

~~857-00910 10 Rolls, 30" x 50 yd , yellow, engineer grade, pressure sensitIve, #3271 $ $~~

~~857-00915 10 Rolls, 24" x 50 yd , red, engineer grade, pressure sensitive, #3272 $ $~~

~~857-00920 10 Rolls, 30" x 50 yd , red, engineer grade, pressure sensitive, #3272 $ $~~

~~857-00925 10 Rolls, 24" x 50 yd , blue, engineer grade, pressure sensitive, #3275 $ $~~

~~857-00930 10 Rolls, 30" x 50 yd , blue, engineer grade, pressure sensitive, #3275 $ $~~

~~857-00935 10 Rolls, 24" x 50 yd , green, engineer grade, pressure senSItive, #3277 $ $~~

~~857-00940 10 Rolls, 30" x 50 yd , green, engineer grade, pressure sensitIve, #3277 $ $~~

~~857-00945 10 Rolls, 24" x 50 yd , white, engmeer grade, pressure sensitive, #3290 $ $~~

~~857-00950 10 Rolls, 30" x 50 yd , white, engmeer grade, pressure sensitive, #3290 $ $~~

~~857-00955 20 Rolls, 24" x 50 yd , satin gold, Graphic mariang film series 180white #180-131 $ $~~

~~16 INITIALS OF BIDDER: 1/1 Fort Bend County Bid 1101-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~Pavement Markmgs Pre-cut, Legends and Symbols~~

~~857-00820 20 School $ $~~

~~857-00825 10 Ratlroad SMS L380-RP 78rria1 $ $~~

~~857-00830 30 Turn $ $~~

~~857-00835 40 Stop Ahead $ $~~

~~857-00840 40 XING $ $~~

~~857-00845 40 Arrows $ $~~

~~Total Section H: $ fJo !3rO~~

~~17 INlTlALS OF BIDDER: uI CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND~~

~~Tlusmemorandumofagreementmadeandenteredmtoonthe I'd-\:" day of ~9 C , 20~ by and between Fort~~

Bend County m the Slate ofTexas (heremafter deSignated County), actmg herem by County Judge James C Adolphus, by vIrtue of an order ofFort Bend County ConumsslOners Court, and U rs-bn ProdLtC );;)(heremafter destgnated Contractor) (company name)

~~WITNESSETH~~

The Contractor and the County agree that the bid and spectfical10ns for the Traffic signs/posts/supplies wluch are hereto attached and made a part hereof, together with tlus mstrument and the bond (when reqwred) shall constitute the full agreement and contract between parltes and for furmshmg the Items set out and descnbed, the County agrees to pay the pnces sttpulated m the accepted bid

~~ItISfurther agreed that tlus contract shaH not become bIndIng or effectrve unttl Signed by the parnes hereto and a purchase order authonzmg the Items deSIred has been ISSUed.~~

~~Fort Bend County. Te'G1S~~

~~County Judge~~

~~By:_-p~-/..:.=:.===:::::.... _ i/-lI e.L Sigoature of Contractor~~

~~l-\e111->((1(1 (IS ~)r fSlCleRi-- Printed N.une and Title~~

~~18 INVITATION FOR BIDS~~

TERM CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNS, POSTS AND SUPPLIES FOR FORT BEND'COUNTY I,' IIn r ,~r~V20 3JOJ ; ;\~,r'r'~. BID #01·010 ;'1,1]/1' °u ,,1 J:; I;! 1i ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20100

Sealed bids, subject to the Terms and Conditions of this Invitation for Bids, for the term contract for the purchase of traffic signs, posts and supplies for Fort Bend County, as descnbed on the attached speCifications, will be received In the Office of the County PurchaSing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, SUite 103, Richmond OR (Mail to: 301 Jackson, Richmond, Texas 77469) until 1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids wIll then be opened and publicly read in the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, Suite 100, Richmond, Texas Bids received after the speCifiedtime WIllbe returned unopened

~~VULCAN, INC. (D/B/A VULCAN SIGNS) LEGAL NAME OF CONTRACTING COMPANY~~

~~63-0513868 FEDERAL I D # (Company or Corporation) SOCIAL SECURITY # (IndiVidual)~~

~~800-633-6845 334-943-1544 TELEPHONE NUMBER FACSIMILE NUMBER~~

~~ERICK L. CROSBY SALES MANAGER CONTACT PERSON TITLE~~

~~P.O. BOX 1850 FOLEY, ALABAMA 36536-1850 COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE~~

~~408 EAST BERRY AVENUE FOLEY, ALABAMA 36535 COMPLETE STREET ADDRESS CITY & STATE ZIP CODE~~

~~FBCPA FORM 103 (20NOVOO) Fort Bend County Bid #4J1-OiO~~

~~A. SCOPE:~~

~~It is the intent of Fort Bend County to contract with one (1) or more vendors to provide traffic SignS,posts and supphes to Fort Bend County wluch meet or exceed the specifications contained herein~~

~~B. PERIOD OF CONTRACT:~~

ThiS contract is for the penod 1 JANUARY 2001 thru 31 DECEMBER 2001, renewable annually for two (2) years (through 31 December 2003) If mutually agreeable under the same tenns and conditions Tlus contract may be tenrunated by either party for any reason with thirty (30) days written notice of intent to tenninate.

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authonzing the item(s) desired has been issued The use of liquid paper is NOT acceptable and may result in the disqualification of bid If an error is made, vendor MUST draw a hne through error and mitial each change

~~D. FORT BEND COUNTY REPRESENTATIVE:~~

Point of contact for this contract will be Debbie Kaminski, CPPB, Assistant County Purchasing Agent, Fort Bend County Purchasmg Department, 301 Jackson, Riclunond, Texas 77469 Question must be subnntted in writing and may be faxed to (281) 341-8642

~~E. GENERAL:~~

~~I Quantities listed are estimates only Fort Bend County does not guarantee the quantitles stated Willbe purchased~~

~~2 No nnrumum orders, by quantity or dollar amount~~

~~F. DELIVERY:~~

~~Vendor must complete dehvery WithInfourteen (14) working days after receipt of purchase order~~

~~2 The successful bidder shall not dehver products without a Purchase Order issued by the Fort Bend County Purchasmg Agent.~~

3 The successful bidder shall not dehver products or services in excess of those authorized and under no circumstances WillFort Bend County be hable for payment of products or serYlces which exceed the amounts authorized by the purchase order

~~2 iNiTIALS OF BiDDER: Fe Fort Bend County Bid #01-010~~

~~F. DELIVERY (cont'd):~~

~~4 All deliveries must be made and completed between 8 00 AM and 3 00 PM, Monday thru Fnday~~

~~5 Fort Bend County reserves the right to add or delete delivery locations as needed~~

~~G. ESCALATION CLAUSE:~~

Successful bidder may apply for a price increase/decrease to the Fort Bend County Commissioners Court Price increase will be the amount mcreased to the vendor from his supplier, written documentation of the increase must be provided NO application for a pnce increase may be submitted within the first four (4) months of this contract Increases of more than 25% of the bid price will not be considered

~~H. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entities, within Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those participating entitles and to invOIce each entity separately~~

~~L VENDOR SELECTION:~~

~~This contract will be awarded to the lowest and best bid per section Bidder must bid on every item in the section in order to be considered~~

~~J. ENCLOSURES:~~

~~The following being incorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~1 Enclosure # 1 - General Conditions~~

~~2 Enclosure #2 - Purchase Order Terms and ConditIOns~~

~~3 INITIALS OF BIDDER: 6. L Fort Bend County Bid 1101-610~~

~~K. SPECIFICATIONS:~~

~~SECTION A: Complete signs.~~

~~Finished traffic signs must be 080 alurmnum WIthfaces of hIgh intensity, reflective sheeting~~

~~Item No. .Q!y Description Unit Price Total~~

~~Finished Regulatory Signs~~

~~857-00005 400 All way, 18 x 6 $ 3.65 $ 1,460.00~~

~~Finished School Zone Signs~~

~~857-00060 40 School crossing symbol, 36 x 36 $ 62.11 $ 2,484.40 Flourescent yellow/green Diamond grade~~

~~$ 26.44 528.80 857-00066 20 Church 30 x 30 $----~~

~~Finished Waming: Sil!nS~~

~~857-00195 30 Road construction ahead, $ 38.07 1,142.10 #MCW20-lD, 36 x 36 $~~

~~857-00230 50 Stop ahead (symbol), #MW3-1a, 30x30 $ 30.55 ,$ 1,527.50~~

~~857-00240 80 Turn left & right, #Wl-l, 30 x 30 $ 26.44 $ 2,115.20~~

~~857-00245 50 Watch for ice on bridge, 36 x 36, hinged $ 38.07 $ 1,903.50~~

~~857-00250 30 Workers ahead, #MCW2I-Ib, 24 x 24 $ 16-.92 $ 507.60~~

~~Finished Miscellaneous Signs~~

~~857-00255 100 Slow children playing #20-136,18 x 24 $ 21.33 $ 2,133.00 Flourescent yelIow/green Diamond grade~~

~~Total Section A: $ 13,802.10~~

~~4 INITIALS OF BIDDER: £t 1'ort Bend COWlty Bid IOOl.()lO~~

~~..Albended 11/.20100 K. SPECIFICATIONS (coot' d):~~

~~SECTION B: Faces~~

~~Faces must be pressure sensitive, high intensity, reflective .sheetulg.~~

~~Item No. Qtt Desc;ription UoitPrice .Th!!I 857-00260 60 Faces, handicap, 24 x 18 $ 8.01 $ 480.60 857-00265 200 Faces, stop sign, 24 x 24 $ 19.56 $ 3,912.00 3M #3990 VIP or equal~~

~~857-00270 30.31 15,155.00 500 Faces, stop sign, 30 x 30 $ $ 3M #3990 VIP or equal~~

~~857-00275 150 Faces, yield, 26 x 26 $ 8.56 $ 1,284.00 857·00276 25 Faces, Ped Xing, high intensity yellow $ 16.69 $ 417.25 30x30~~

~~857-00277 SO Faces, children at play, high intensity yeUow 18 x 24 $ 8.01 $ 400.50~~

~~"857-00850 SO Faces. stop ahead, 30 x 30 30.56 1,528.00 diamond grade $ $ NOTE: WE BID ON WORDS ONLY *857-00855 SO Faces, signals ahead (symbol), 30 x. 30 diamond grade $ 34.95 $ 1,747.50~~

~~NOTE: IF STOP AHEAD SYMBOL IS REQUIRED FOR ITEM NO. 857-00850, PLESAE CHANGE THE PRICE FOR THAT ITME TO $39.31 EACH. THIS WILL CHANGE THE SECTION B TOTAL TO $25,362.35.~~

~~Total Section B: 24,924.85~~

~~5 INmALS OF BIDDER: £c. Fort, Bend Countv. Bid #01-010 K. SPECIFICATIONS (cont'd):~~

~~SECTION C: Blanks~~

~~Blanks must be 080 aluminum~~

~~Item No. illy Description Unit Price Total~~

~~857-00310 60 Blanks, diamond 30 x 30 $ 9.46 $ 567.60~~

~~857-00315 60 Blanks, diamond 36 x 36 $ 13.63 $ 817.80~~

~~857-00320 60 Blanks, octagon 24 x 24 $ 5.58 $ 334.80~~

~~857-00325 1000 Blanks, octagon 30 x 30 $ 8.59 $ 8,590.00~~

~~857-00330 60 Blanks, octagon 36 x 36 $ 12.26 $ 735.60~~

~~857-00335 65 Blanks, pentagon 30 x 30 $ 8.23 $ 534.95~~

~~857-00340 65 Blaoks, pentagon 36 x 36 $ 11.80 $ 767.00~~

~~857-00345 150 Blanks, rectangle 12 x 18 $ 2.44 $ 366.00 Rounded corners~~

~~857-00350 150 Blanks, rectangle 18 x 24 $ 4.62 $ 693.00 Rouoded corners~~

~~857-00355 135 Blanks, rectangle 24 x 12 $ 3.13 ,$ 422.55 Rounded corners~~

~~7.59 3,795.00 857-00360 500 Blanks, rectangle 24 x 30 $ $ Rounded corners~~

~~$ 11. 32 679.20 857-00365 60 Blanks, rectangle 30 x 36 $ Rounded corners 9.12 729.60 857-00370 80 Blanks, rectangle 36 x 24 $ $ Rounded corners~~

~~857-00375 80 Blaoks, rectangle 48 x 30 $ 15.12 $ 1,209.60 Rounded corners~~

~~857-00380 40 Blanks, rectangle 48 x 36 $ 18.31 $ 732.40 Rounded corners~~

~~6 INITIALS OF BIDDER: t; (; Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C (cont'd)~~

~~Item No. illy Description Unit Price Total~~

~~857-00385 150 Blanks, square 18 x 18 $ 3.51 $ 526.50 Rounded corners 6.13 613.00 857-00390 100 Blanks, square 24 x 24 $ $ Rounded corners, Diamond punch~~

~~9.46 1,419.00 857-00395 150 Blanks, square 30 x 30 $ $ Rounded corners, Diamond punch~~

857-00400 75 Blanks, square 36 x 36 $ 13.63 $ 1,022.25 Rounded corners, Diamond punch 24.27 2,427.00 857-00405 100 Blanks, square 48 x 48 $ $ Rounded corners 1.10 660.00 857-00445 600 Blanks, street SIgn,flat, 6 x 12 $ $ Rounded corners

~~857-00450 600 Blanks, street sign, flat, 6 x 18 $ 1.33 $ 798.00 Rounded corners~~

~~857-00455 600 Blanks, street sign, flat, 6 x 24 $ 1.71 $ 1,026.00 Rounded corners~~

~~857-00460 600 Blanks, street sign, flat, 6 x 30 $ 2.08 $ 1,248.00 Rounded comers~~

~~857-00465 600 Blanks, street SIgn,flat, 6 x 36 $ 2.4B $ 1,4BB.00 Rounded corners~~

~~1,776.00 857-00470 600 Blanks, street sign, flat, 6 x 42 $ 2.96 $ Rounded comers~~

~~3.22 1,932.00 857-00475 600 Blanks, street sign, flat, 6 x 48 $ $ Rounded corners 2.99 448.50 857-00476 150 Blanks, street SIgn,flat, 9 x 30 $ $ Rounded corners~~

~~7 INITIALS OF BIDDER: £('. Fort Bend County Bid IIOl~lO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION C (cant' d)~~

~~Item No. .Q!y Description Unit Price Total~~

~~857-00477 300 Blanks, street sign, flat, 9 x 36 $ 3.58 $ 1,074.00 Rounded corners~~

~~857-00478 400 Blanks, street sign, flat, 9 x 42 $ 4.27 $ 1,708.00 Rounded corners~~

~~857-00479 400 Blanks, street sign, flat, 9 x 48 $ 4.73 $ 1,892.00 Rounded corners~~

~~857-00480 60 Blanks, tnangle 30 x 30 x 30 $ 4.70 $ 282.00 Rounded corners~~

~~6.59 395.40 857-00485 60 Blanks, triangle 36 x 36 x 36 $ $ Rounded corners~~

~~857-00490 60 Blanks, triangle 48 x 48 x 48 $ 12.29 $ 737.40 Rounded corners~~

~~DELIVERY FOR SIGN BLANKS WILL BE 7-30 DAYS ARO.~~

~~Total Section C: $ 42,448.15~~

~~8 INITIALS OF BIDDER: £"t. Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION D: Posts and accessories.~~

~~Item No. Q!I Description Unit Price Total~~

~~857-00495 1000 Brackets, sign mountmg, extruded 1,050.00 aluminum, complete set, style #Z238 $ 1.05 $~~

~~857-00500 1000 Caps, die cast alummum for 2" standard 2.80 2,800.00 pipe crosspiece 90 degree, style #606 $ $~~

~~857-00520 1000 Tubular sign post, !ugh viSibility yellow 065, 10 ft , 2-3/8" 0 D pre-punched $ 15.83 $ 15,830.00~~

~~857-00525 1000 Tubular sign post, high visibility yellow 065, 12 ft , 2-3/8" 0 D , pre-punched $ 18.99 $ 18,990.00~~

~~857-00526 1000 Cross brackets for street Signs, 5-1/2" blade holder WIth set screws $ 3.84 $ 3,840.00~~

~~857-00527 1000 Post caps for flat blades, 5-112" blade 3.98 3,980.00 holder with set screws $ $~~

~~Total Section D: $46,490.00~~

~~9 INITIALS OF BIDDER: ~ C ~'ort Bend County Bul #() l-D10~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION E: Posts and accessories: Telespar Sign Support System.~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00850 1000 Square sign post, 12 ft, 12 gauge, yellow, pre-punched, 1-3/4" x 1-314" $ $~~

~~857-00855 1000 Square sign post, 10ft, 12 gauge, yellow, pre-punched, 1-314" x 1-314" $ $~~

~~857-00860 1000 Square post caps, 5-112" blade $ $~~

~~857-00865 1000 Large comer bolts $ $~~

~~857-00870 1000 Small comer bolts $ $~~

~~857-00875 1000 Flanged nuts )j!tIS""'0&/D $ $ P4G~ 857-00880 1000 Anchors $ $~~

~~857-00885 1000 Remforcement Sleeve $ $~~

~~857-00890 1000 Drive R.Jvets $ $~~

~~857-00895 1000 Cherry mate rivets $ $~~

~~857-00900 1000 Square hand dnver $ ,$~~

~~Total Section E: $, _~~

~~10 INITIALS OF BIDDER: ,( L Fort Bend County B"1 #0 1..(JI \I~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION F: Poz-Loc posts and accessories~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00535 3000 Poz-Loc base socket $ 10.02 $ 30,060.00~~

~~857-00540 10 Poz-Loc dnve cap $107.16 $ 1,071.60~~

~~857-00545 10 Poz-Loc socket dnver $163.91 $ 1,639.10~~

~~857-00550 3000 Poz-Loc wedge $ 1.94 $ 5,820.00~~

~~857-00555 10 Poz-Loc wedge puller $ 89.79 $ 897.90~~

~~Total Section F: $ 39,488.60~~

~~1 1 INITIALS OF BIDDER: F ~ I , I, " K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00560 400 Barricade, portable type I standard 24", plastic $ 34.89 $ 13,956.00~~

857-00570 200 Bamcade, portable type I standard 36" $ 43.89 $ 8,778.00 plastic NOTE: WE BID ON 36" A-FRAME WITH ENGINEER GRADE BOTH SIDES 857-00575 40 Barricade tape, 8" x 50 yd with 6" stripe, type A, left or right, red and white, diamond grade roll $ 485.00 $ 19,400.00

~~857-00580 40 Barricade tape, 8" x 50 yd with 6" stripe, type A, left or right, $ 19,400.00 orange and white, diamond grade roll 485.00 $~~

~~857-00595 300 Delineators, acryhc prismatic, centermount reflector, 3-1/4" with 3/16" center round hole $ .59 $ 177 .00~~

~~857-00600 300 Object marker, type 3, 080 aluminum, 12 x 36, retro-reflective sheeting, High intensity $ 12.69 $ 3,807.00~~

~~857-00605 1500 Road markers, CarsolUte CRM-375, fleXIble3 75" width x 62" length, yellow $ 12.34 $ 18,510.00 I~~

~~857-00610 100 Safety cones, 18", orange, 3# weight $ 3.91 $ 391.00~~

~~857-00611 500 Safety cones, 28", orange, 5# weight $ 6.24 $ 3,120.00 Trim hne~~

857-00615 100 Safety vests, heavy duty, VInylcoated nylon yam fabric, strong dayglow red orange bound WIth black VInylbindmg and reflective vertical stnpes of lime yellow with silver, velcro closure and elastic side straps, reflectIve, high intenSity $ 9.85 $ 985.00

~~857-00620 150 SheetIng, 6" x 50 yd , green, pressure sensitIve, high IntenSity, reflectIve $182.75 $ 27,412.50~~

~~12 INITIALS OF BIDDER; ~ Co tort f3cm,~ount) l>1l ""I""IIU~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION G: Supplies (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00625 50 Vertical panel stand, portable, upright, 4 ft with left or right reflective engineer grade sheeting, plastic $ 38.24 $ 1,912.00~~

~~857-00630 50 Warning flags, economy, 18 x 18 fluorescent red vinyl with 3/4" x 36" wood dowel $ 2.45 $ 122.50~~

~~857-00631 50 Warning flags, economy, 30 x 30 fluorescent red vinyl with 3/4" x 36" wood dowel $ 2.95 $ 147.50~~

~~857-00635 50 Warning flags, heavy duty, 24 x 24 fluorescent heavy duty red/orange knitted with 36" wooden staff $ 2.65 $ 132.50~~

~~857-00640 50 Warning light, Colt RS-600, 6 volt type A $ 13.00 $ 650.00~~

~~857-00645 200 Warning light spring battery, general purpose 6 volt type A $ 3.08 $ 616.00~~

~~857-00650 1000 Delineator reflectors, 4" x 4", white aluminum with high intensity sheetmg $ 1.16 ,$ 1,160.00~~

~~857-00655 1000 Delmeator reflectors, 4" x 4", yellow alurmnum WIth !ugh intensity sheeting $ 1.16 $ 1,160.00~~

~~857-00660 200 Safety barrells, MVTCD standard $ 26.95 $ 5,390.00 PlastiC base~~

~~Total Section G: $ 127,227.00~~

~~13 INITIALS OF BIDDER: k~ Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M Supplies~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00662 10 Rolls, 6", w!ute, reflective, !ugh Intensity $ $~~

~~857-00665 10 Rolls, 24", w!ute, reflective, !ugh Intensity $ $~~

~~857-00670 30 Rolls, 30", w!ute, reflective, high h 4("\ IntensIty .41. -$':1, $ • IS'p -'U 857-00675 20 Rolls, 36", white, reflective, !ugh ;.!fGI2 Intensity $ $~~

~~857-00680 8 Rolls, 6", yellow, reflectIve, !ugh Intensity $ $~~

~~857-00685 10 Rolls, 24", yellow, reflective, !ugh Intensity $ $~~

~~857-00690 20 Rolls, 30", yellow, reflective, !ugh Intensity $ $~~

~~857-00695 20 Rolls, 36", yellow, reflective, high Intensity $ $~~

~~857-00700 6 Rolls, 6", orange, reflectIve, high Intensity $ $~~

~~857-00705 9 Rolls, 30", orange, reflectIve, !ugh Intensity $ $~~

~~857-00710 9 Rolls, 36", orange, reflectIve, !ugh Intensity $ $~~

~~857-00715 5 Rolls, 6", blue, reflective, high Intensity $ $~~

~~857-00720 10 Rolls, 24", blue, reflectIve, high IntenSIty $ $~~

~~857-00725 10 Rolls, 30", blue, reflectIve, !ugh Intensity $ $~~

~~14 INITIALS OF BIDDER: tf'c Fort Bend County Bid #01-010~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Q!y Description Unit Price Totlll~~

~~857-00730 80 Rolls, 6", green, reflective, high Intensity $ $~~

~~857-00735 8 Rolls, 24", green, reflective, high Intensity $ $~~

~~857-00740 3 Rolls, 6", red, reflective, high Intensity FA/"n/I~dhf' $~~

~~857-00745 3 Rolls, 24", red, reflective, high 1?1G~ Intensity $ $~~

~~857-00750 20 Rolls, 6", black, non-reflectIve, vinyl $ $~~

~~857-00755 20 Rolls, 24", black, non-reflective, vmyl $ $~~

~~857-00756 20 Rolls, 30", black, non-reflective, vinyl $ $~~

~~857-00760 10 Rolls, 6", white, non-reflective, vinyl $ $~~

~~857-00765 60 Rolls, 9", white, high intensity $ $~~

~~857-00767 60 Rolls, 30", yellow, high intensity $ $~~

~~I 857-00770 100 Rolls, 4", transfer tape $ $~~

~~857-00775 60 Rolls, 9", transfer tape $ $~~

~~857-00780 90 Rolls, 12", transfer tape $ $~~

~~857-00785 8 24", E C film, black $ $~~

~~857-00790 8 24", E C film, brown $ $~~

~~857-00795 20 24", E C film, green $ $~~

~~857-00800 10 30", E C film, green $ $~~

~~857-00805 10 2" Truck Conspicuity sheeting, DIamond grade $ $~~

~~15 INITIALS OF BIDDER. € L Fort Bend County Bid #Ol~lO~~

~~K. SPECIFICATIONS (cont'd):~~

~~SECTION H: 3M SUPPLIES (cont'd)~~

~~Item No. Q!y Description Unit Price Total~~

~~857-00810 6 Series 420 12" Intersection Grade Tape (30 yd) $ $~~

~~857-00815 6 Series 380-1 White Hi Performance Tape 12" x 30 yd, with adhesive $ $~~

~~857-00905 10 Rolls, 24" x 50 yd , yellow, engineer~~

grade, pressure sensitive, #3271 $' I $ ~'1l)3 857-00910 10 Rolls, 30" x SOyd , yellow, engmeer /"0' p' {') grade, pressure sensitive, #3271 $ -lGS' $ • 857-00915 10 Rolls, 24" x SOyd , red, engineer grade,pressuresensrtlve,#3272 $ $

~~857-00920 10 Rolls, 30" x 50 yd , red, engineer grade, pressure sensitive, #3272 $ $~~

~~857-00925 10 Rolls, 24" x 50 yd , blue, engineer grade, pressure sensitive, #3275 $ $~~

~~857-00930 10 Rolls, 30" x 50 yd., blue, engineer grade, pressure sensItIve, #3275 $ $~~

~~857-00935 10 Rolls, 24" x SOyd , green, engineer grade, pressure sensmve, #3277 $ $~~

~~857-00940 10 Rolls, 30" x SOyd , green, engmeer grade,pressuresen&tlve,#3277 $ $~~

~~857-00945 10 Rolls, 24" x 50 yd , white, engineer grade, pressure sensitive, #3290 $ $~~

~~857-00950 10 Rolls, 30" x 50 yd , wrote, engineer grade, pressure sensitive, #3290 $ $~~

~~857-00955 20 Rolls, 24" x 50 yd , satin gold, Graphic marlang film series 180white #180-131 $ $~~

~~16 INITIALS OF BIDDER: E~ Fort Bend County Bid #01..(110~~

~~K. SPECIFICA nONS (cont' d):~~

~~SECTION H: 3M SUPPLIES (co nt' d)~~

~~Item No. Qtt Description Unit Price Total~~

~~Pavement Markings Pre-cut, Legends and Symbols~~

~~857-00820 20 School $ $ /"; JVn ' 857-00825 10 Railroad SMS L380-RP 78rrial N/<:\ - $;/~ $ .:;,j) ~ 857-00830 30 Turn -los- $~~

~~857-00835 40 Stop Ahead $ $~~

~~857-00840 40 XING $ $~~

~~857-00845 40 Arrows $ $~~

~~Total Section H: $, _~~

~~17 INITIALS OF BIDDER: CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND a:- Ide ~"-~~ TIus memorandum of agreement made and entered mto on the %6- day of !lie', E1IIlIlIt , 20~ by and between Fon~~

~~Bend County 10 the State ofTexas (heremafter deSignated County), acUng herem by County Judge James C Adolphus, by vIrtue~~

~~VULCAN SIGNS (company name)~~

~~WITNESSETH~~

~~The Contractor and the County agree that the bId and spectfical10ns for the Traffic signs/posts/supplies whtch are hereto~~

~~attached and made a pan hereof, together WIththIs instrument and the bond (when reqwred) shall constItute the full agreement~~

~~and contract between partIes and for furmshtng the Items set out and descnbed, the County agrees to pay the pnces stIpulated~~

~~m the accepted bui~~

~~It IS further agreed that thts contract shall not become bmdmg or effeeuve untIl SIgned by the partIes hereto and a purchase order~~

~~authonzmg the ItentS deSIred has been ISSUed.~~

~~Executed at RIchmond, Te'<3Sthts -Jde day of -'---'-'''''--',...,,'''-''-'-.3..=~_,20 ex-;~~

~~Fon Bend County, Texas~~

~~By:,---=--'----''--::-"''-::.r-:-::------////4 s~ of Contractor~~

~~By:, ERICK L. CROSBY,--= SALES --=MANAGER _ Printed Name and Title~~

~~18 FEC PURCHASING DEPT. Fax·281-341-8b4:::''.:C5 -.::::....~~=__:...:~_.....;~"lov ,,1 LUUIJ v ...) _~~

~~COUNTY PURCHASING AGENT Fort Bend County, Texas~~

~~Gilben D. Jalomo, Jr., CPPB (281) 341-8640 County Purchasmg Agent Fax (281) 341-8645~~

~~:Novemba- 20, 2000~~

~~TO All ProSpective Bidders~~

~~RE- Addendum No. I-FortBendCountyBid#Ol-OlO - Temu:ontraet for the purchase oftraf!ic signs, posts and supplies.~~

~~Replace page 5 with amended page 5~~

~~Inlmcdiatelyupon your receipt of this addendum, please lin out the following information and fax this page to the Fort Bend County Purchasing Department at (281) 341-8645.~~

~~ERICK L. CROSBY SALES MANAGER 11/30/2000 Signature of n recriving addendum Date~~

~~Ifyou have any questions please contact this office~~

~~Debbie Kaminski, CPPB Assistant County Purchasing Agent~~

~~500 LIberty Street' SUIte 103 ' 301 Jackson' R1ehmond. Texas 77469 ~~A(Sj~~

~~Tabulation~~

~~Term Contract for Purchase of Tires and Tubes~~

~~Bid #lll-Oll~~

~~Blake Gray's HTC Tlfes Hlavmka Southwest Strouhal Plulhps Wholesale Equipment Houston Tire Tire~~

~~No Bid No Bid No Bid No Bid No Bid~~

~~111,77644 No Bid No Bid 108,91800 No Bid~~

~~... ,,ilO_.> NoBld No Bid 193,521 87 184,03900 No Bid -~ - - ~'+'>"_:-",-,~ ..~-=y~ ".No Bid No Bid No Bid No Bid 1,48200~~

~~No Bid No Bid No Bid No Bid~~

~~No Bid No Bid No Bid 105,35040~~

~~No Bid No Bid No BId No Bid 10,09856 Firestone~~

~~No Bid No BId No Bid No BId 71,42632 Flfestone~~

~~No Bid No Bid No Bid NoBld 42,761 52 Firestone~~

~~No Bid No Bid 4,14640 4,26673 4,82162~~

~~Recapitulation~~

Approved Commissioners Court October 3,d Legal notice run in newspaper Nov 19'" and 26'" individual notices mailed 24 Bid packets mailed or picked up 7 Bid open date December 4'" BIds received 6 INVITATION FOR BIDS

~~TERM CONTRACT FOR THE PURCHASE OF TIRES AND TUBES FOR FORT BEND COUNTY~~

~~BID #01-011~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 1214/00~~

Sealed bids, subject to the Terms and Conditions of this Invitation for Bids, for the term contract for the purchase of tires and tubes for Fort Bend County, as described on the attached specifications, will be received In the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, SUite 103, Richmond, Texas OR (Mall to 301 Jackson, Richmond, Texas 77469) un1il1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and publicly read in the Office of the County Purchasing Agent In the Jane Long Annex, 500 Liberty Street, SUite 103, Richmond, Texas Bids received after the specified time will be returned unopened

~~LEGAL NAME OF CONTRACTING COMPANY~~

~~FEDERAL I D # (Company or CorporatIOn) SOCIAL SECURITY # (IndIVIdual)~~

~~TELEPHONE NUMBER FACSIMILE NUMBER~~

~~-~ESr~\~ €\<;\'''l..\<- CONTACT PERSON TITLE~~

~~€. \"I r~'"\:,E.Rr->\~ -\ "- COMPLETE MAILING ADDRESS CITY & STATE \ ZIP CODE~~

~~COMPLETE STREET ADDRESS CITY & STATE ' ZIP CODE~~

~~FBCPAFORM 103 (20NOVOO) Fo~ Bend County Bid #0 HlIl~~

~~A. SCOPE:~~

~~It is the intent of Fort Bend County to contract with one (1) or more vendors to provide tires and tubes to Fort Bend County which meet or exceed the specifications contained herein~~

~~B. PERIOD OF CONTRACT:~~

This contract is for the period 1 JANUARY 2001 thru 31 DECEMBER 2001, renewable annually for two (2) years (thru 31 December 2003) under the same terms and conditions ifrnutually agreeable by both parties This contract may be terminated by either party for any reason by giving thirty (30) days written notice of the intent to terminate

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (1) complete bid form. An authorized representative of the hidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been issued The use of lIqUIdpaper is NOT acceptable and may result in the disqualification of bid If an error is made, vendor MUST draw a lIne through error and initial each change

~~D. GENERAL:~~

~~1 Vendor must bid on all items m section for bid to be considered~~

~~2 Quantities listed are estintates only Fort Bend County does not guarantee the quantities stated will be purchased~~

~~3 No minimum orders, by quantIty or dollar amount~~

~~4 All prices are FOB Fort Bend County~~

~~E. DELIVERY:~~

~~1 Vendor MUST complete delIvery WIthin two (2) workIng days after receipt of purchase order~~

2 In those extremely rare cases where a Department needs a particular tire(s) unmediately, Fort Bend County reserves the right to purchase that tire( s) on the open market without endangering tIns contract

~~3 The successful bidder shall not delIver products or proVIde services as part of tins contract without a Purchase Order issued by the Fort Bend County Purchasmg Agent~~

~~4 Fort Bend County reserves the right to add or delete delivery locatIOns as needed~~

~~2 INITIALS OF BIDDER: _ , , Fort Bend County Bid #lll-Oll~~

~~E. DELIVERY (cant'd):~~

~~5 All deliveries must be made and completed between 8 00 AM and 3 00 PM, Monday thru Friday~~

~~6 No dehveries on County hohdays~~

~~7 Deliveries will be made to the following departments~~

~~Road and Bridge #75 Road and Bridge #75A 20 I Payne Lane 12919 YoDairy Ashford Crabb Texas 77469 Sugar Land Texas 77478~~

~~Road and Bridge #75B Road and Bridge #75C 9110 Long 19310 Beechnut Needville Texas 77461 Richmond Texas 77469~~

~~Drainage District Vehicle Maintenance 1022 Blume Road 230 Legion Drive Rosenberg Texas 77471 Richmond Texas 77469~~

~~F. ESCALATION CLAUSE:~~

Successful bidder may apply for a price increase/decrease to the Fort Bend County Comnnssioners Court Price increase will be the amount increased to the vendor from his supplier, wntten documentation of the increase must be provided. NO applicatIOn for a price increase may be submitted within the first six (6) months of this contract. Increases of more than 25% of the bid pnce wtll not be considered

~~G. VENDOR SELECTION:~~

~~Thts contract wtll be awarded to the lowest and best bid per section~~

~~H. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entities, withm Fort Bend County, may purchase from this bid Vendor agrees to accept purchase orders from those partlclpatmg entities ana to inVOice each entity separately~~

~~L ENCLOSURES:~~

~~The following being incorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~1 Enclosure # 1 - General Conditions~~

~~2 Enclosure #2 • Purchase Order Terms and Conditions~~

~~3 INITIALS OF BIDDER: _ Fort Bend County Bid #\)\-011~~

~~• Amended 11/21/00 J. SPECIFICATIONS:~~

~~SECTION I: MICHELiN BRAND ONLY.~~

~~UNIT EXTENDED ITEM NO. DESCRlYfION PRICE OTY. PRICE~~

~~863-00005 LT235175R15 LTX M & S 6 ply $ X 32 =$~~

~~863-00010 LT235175RI5 LTX AT 6 ply $ X 100 =$~~

~~863-00015 LT235/85R16 XPS RIb Tire 10 ply $ X 20 =$~~

~~TOTAL FOR SECTION I: $~~

~~·SECTION 2: MICHELiN BRAND ONLY.~~

~~UNIT EXTENDED ITEM NO. DESCRlYfION PRICE OTY. PRICE~~

~~863-00020 loo0R20 XZA 14 ply $ X 50 =$~~

~~863-00025 llR22 5 XZE 14 ply $ X 200 =$~~

~~863-00030 14ooR24 XGL $ X 10 =$~~

~~863-00035 9OOR20XZA $ X 6 =$~~

~~863-00045 175R25XTLA $ X 10 =$~~

~~863-00050 20 5R25XGLA $ X 8 =$ • 863-00055 l000R20 Heavy lug I1re $ X 12 =$~~

~~863-00060 255170R22 5 XZA $ X 12 =$~~

~~863-00065 J3ooR24 XGLA $ X 10 =$~~

~~863-00070 385/65R22 5 x 24 18 ply $ X 6 =$~~

~~863-00810 llR22 5 MI xzy 16 ply $ X 12 =$~~

~~863-00825 29 5R25 MI XHA I star $ X 6 =$~~

~~863-00830 750R15 MI XLC Roller I1re $ X 12 =$~~

~~863-00835 llR22 5 MI XZE 16 ply $ X 6 ~$~~

~~TOTAL FOR SECTION 2: $,------~~

~~4 INITIALS OF BIDDER: _ Furt Bend County Bid #01.011~~

~~• Amended 11120/00 J. SPECIFlCA nONS (cont'd):~~

~~SECTION 3: GOODYEAR BRAND ONLY.~~

~~UNIT EXTENDED OTY. PRICE lTEMNO. DESCRIPTION PRICE~~

~~$ '-\\ \\P 32 =$ \?Nl,\d. 863-00075 P255nOR16 Wrangler RT/S X~~

~~$ '-\~ D~ X 20 =$ C\ 10\ CO 863-00080 LT235n5R15 Wrangler MT load range C~~

~~$ '-\') \'\ X 20 =$ ~O~ 'bD 863-00085 LT235/75R15 Wrangler Hf XL black~~

~~$ 1D~·I~\ X 20 =$ \ "" '\ 'i!;o 863-00090 LT245n5R16 Wrangler Hf load range E~~

~~$ 55 X 20 =$ \\5\ DO 863-00095 LT245n5R16 Wrangler MT load range E .,<\~~

~~$ 5"\l\ =$ \0 ~'" 863-00105 750·16 WORKHORSE MNS 8 ply X 6 3~~

~~=$ \ "-.$ ~ '-I ~ 863-00110 P255nOR15 Eagle GT II $ =:; \,\ X 32~~

~~$ '-\,\ X 1200 =$ '-I'\3'\d. CO 863-00115 P235nOR15 Eagle RSA v-rated \\0 =$ 10>,1'1 \~ 863-00120 P225nOR15 PursuIt v-rated $ '-\\ II" X 32~~

~~=$ 'i"".'-ISci. 0" 863-00125 P225/60R16 PursUlt v-rated $::''6 1\ X 1200~~

~~$ S'4 '-I"1 X 20 =$ \\&'1 '60 863-00840 LT235185R16 Wrangler Hf 10 ply~~

~~=$ \ II?) .'10 863-00845 LT235/85R16 Wrangler MT 10 ply $ S~·q~x 20~~

~~'-I~ '6g X =$ Sc, '6 '; t" 863-00850 7 5x16 Workhorse RIb 8 ply $ 12~~

~~\ 0'1 d.a,'1 "3 'i TOTAL FOR SECTION 3: $ ,~~

~~SECTION 4: GOODYEAR BRAND ONLY. UNIT EXTENDED PRICE ITEM NO. DESCRIPTION PRICE OTY.~~

~~$ X =$ \ 0'\(" ~5 863-00130 750-16 Tn nb 6 ply '-\5.'65" 25~~

~~$ \3~.C() X =$ \3'60 <0 863-00135 900R20 G159 load range F 10 =$ S"'l~\ \S 863-00145 184-30 R-2 6 ply IT $ '-1.01 "'1 X 14 =$d.-\, \"\S co 863-00160 1000R20 Gl59 load range $ ~\\ '\<; X 100~~

~~=$ ?;3 '6'-\ 0 "863-00165 1000R20 G286 load range H $ \1,{; ~uX 200 w"~~

25 =$ 5'-\,~ '6-S" "863-00170 llR22 5 G 159 load range H $ d..\'9 c'\ X =$ d.c;, 5u \c '6 861-00175 llR22 5 G 177 load range G $":;l'\,; ~'1X 12 =$ \?, C'-\ :, i", 8<>1-00180 385/65R22 5 Gl78 load range J $ "':.'d-Io ()'\ X 4

~~5 INITIALS OF BIDDER. A::s\Z'G Fort Bend County Bid 1I0HlIi •Amended 11120/00 J. SPECIFICATIONS (S~"Ction4: Cont'd): UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~8634>0185 IILl5lnnb8ph $ toO j\ X 12 =$ 1d.'-\ 'i~ 1t 8634>0186 11R22 5 GI86 14 ply $ ....\S'\SX 200 =$ '-'':II'' 00 '-(3)9D~~

~~8634>0187 IIR225 286 14 ply $6.0'\ \("X 200 =$ ,-\V/;"", <.o4( 'N;i,cP~~

~~8634>0190 124-24 RI 8 ply $ \ '-\\ 'II X 8 =$ \\~\ ./10~~

~~8634>0195 184-30 RI 8 ply DNYA Torgue II IT $ ~106. nX 24 =$ \p3..~~\.10'6~~

~~8634>0215 1I00XI6 SL In nb 8 ply $11 ::.s X 5 =$ ""2>'15\0 ~~~

~~8634>0230 15 5X25 Rock lug 12 ply TL $ :,,\'"\ 1.1o X 5 =$ \ '"' I?, ?,O~~

~~8634>0235 17 5X25 Rock lug 16 ply TI $ SYl 5'lX 5 =$ ~\oS., '65~~

~~8634>0240 1300X24 grader 10 ply TL SGG-2A $ ciS?> "'OX 8 =$ dO<\ cl.-D~~

~~8634>0245 1300R24 G2 RL-2 F $'\C,'\.I<.>,X 5 =$ ;""."\';$ 9D~~

~~8634>0250 1400X24 Grader 12 ply TL SGG-2A $ 313.. '(,\X 8 =$ d'>O.l> '-Vi's~~

~~8634>0260 16 9X34 RI 6 ply DT IIIT $611~~

~~8634>0265 18 4R38 DTR TL $ llO'b \:, X 5 =$ ~O '10 10')~~

~~8634>0266 18 4X34 RI 8 ply DT IT IT $ 3\\ 1"' X 5 =$ tSS~ 'llS"~~

~~8634>0270 1000XI6 In nb 8 ply $101 n X 5 =$ ~:,,\ '-\D~~

~~8634>0280 P205175 RI5 $ ~Io II" X 8 =$ dO'; ~~~~

~~8634>0285 P205175 RI4 $ ~'S 0\ X 8 =$ dOC. c:s~~

~~8634)Q290 12R22 5 Hi way 16 ply G~~

~~8634>0300 13 6X24 RI 8 ply DT II IT $ ,S" ".;~X 5 =$ ,\0, \0~~

~~863..()0305 20 5X25 R-Iug 16 pi)~~

~~863..()0316 1400R24 G2 RL-2 F~~

~~TOTAL FOR SECTION 4: \ \"l \OO~ .0'1~~

~~5)\.'3'1 I~~

~~6 INITIALS OF BIDDER.~ Fort Bend Coonty Bid #() 1..Q11 J. SPECIFICATIONS (cont'd):~~

~~SECflON 5: LIST BRAND OFFERED:~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~1163..o0320 7 SOXIS Industnal 12 ply $ X 4 =$~~

~~863..o032S 600X9 Industnal 10 ply $ X 4 =$~~

~~863..00330 8 2SX1S Industnal 12 ply $ X 4 =$~~

~~863..00335 700X12 Industnall0 ply $ X 4 =$~~

~~1163..Q0340 4 80X8 Wheel barrow 2 ply $ X 4 =$~~

~~TOTAL FOR SECTION 5: $~~

~~SECTION 6: GENERAL BRAND ONLY.~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863..Q03SS P235nOR1S XP-2000 Purnnt v-rated $ X 1200 =$~~

~~863..00360 P225nOR1S XP-2000 Pursuit v-rated $ X 32 =$~~

~~1163..o0365 P22S160R16 XP-2000 Pursuit v-rated $ X 1200 =$~~

~~1163..()Q87S LT23S 85 R 16 LoadRangeE M& S $ X 100 =$~~

~~863..()Q880 LT215 85 R 16 LoadRangeE M & S $ X ISO =$~~

~~TOTAL FOR SECTION 6: $~~

~~SECTION 7: FIRESTONE BRAND ONLY.~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863..()Q380 P23SnORI5 PV40 purswt v-rated 320AA $ X 1200 =$~~

~~863..()Q385 P22SnORI5 PV41 Purnnt v-rated 340AA $ X 32 =$~~

~~863..00390 P22S160R16 PV41 Purnnt v-rated 340AA $ X 1200 =$~~

~~TOTAL FOR SECTION 7: $~~

~~7 INITIALS OF BIDDER: _ Fort Bend County Bid #01-611 J. SPECIFICA nONS (cont'd):~~

~~SECTION 8: LIST BRAND OFFERED: (Bid the equivalent. Tires listed are Firestone brand.)~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863~0395 LT235n5Rl5 Steeltex 230 $ X 20 =$~~

~~863~0400 LT235n5R15 Steellex R4S $ X 20 =$~~

~~863~0405 LT235/85R16 Stee1lex R4S $ X 20 =$~~

~~863-00410 LT245n5R16 Steellex R4S $ X 20 =$~~

~~863~4l5 LT245n5R16 Steellex 230 $ X 20 =$~~

~~863~420 7 50R16 Steelle:<:Aff $ X 8 =$~~

~~863~0855 LT235185R16 Steeltex 230 $ X 20 =$~~

~~863~0860 LT235185R16 Steellex Aff $ X 20 =$~~

~~TOTAL FOR SECTION 8: $~~

~~SECTION 9: LIST BRAND OFFERED: (Bid the equivalent. Tires listed are Firestone brand.)~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863-00425 750-16 Gwde gnp F-2 $ X 25 =$~~

~~863~0430 900R20 T-559 $ X '10 =$~~

~~863-00435 950 R 16 5 Steellex Aff $ X 10 =$~~

~~863-00440 1000R20 T -559 $ X 20 =$~~

~~863-00445 1OOOR20T-819 $ X 40 =$~~

~~863-00450 1000-16 CFF F-2 $ X 12 =$~~

~~863-00455 llR22 5 T-559 $ X 25 =$~~

~~863-00460 llR22516plyT-83l $ X 12 =$~~

~~863~465 385/65R22 5 T -839 $ X 5 =$~~

~~863~70 IlL 15 Implement $ X 8 =$~~

~~863-00475 12 4-24 TractIOn F & R $ X 8 =$~~

~~863-00480 184-30 TractIOn F & R $ X 12 =$~~

~~8 INITIALS OF BIDDER: Fort Bend County Bid 110I ~ 11 J. SPECIFICATIONS (cont'd):~~

~~SECTION 9 (cont'd): LIST BRAND OFFERED: (Bid the equivalent. Tires listed are Firestone brand.)~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863-{)O485 8-145 Towmaster Super Hwy $ X 5 =$~~

~~863-{)0490 9 5Rl6 5 Stecltex R4S 10 ply $ X 5 =$~~

~~863-{)Q495 12Xl6 5 Super tractIOn $ X 8 =$~~

~~863-{)0500 1l00X16 Champ GuIde Gnp $ X 5 =$~~

~~863-{)Q505 lOOOX20 SAT $ X 24 =$~~

~~863-{)0510 1100X20 SAT $ X 8 =$~~

~~863-{)Q515 15 5X25 SGGLO $ X 5 =$~~

~~863-{)Q520 17 5X25 GGG E2/L-2 $ X 5 =$~~

~~863-{)Q525 13ooX24 G-2 $ X 12 =$~~

~~863-{)0530 1300R24 Bndges(one vtIT $ X 8 =$~~

~~863-{)O535 14ooX24 G·2 $ X 12 =$~~

~~863-{)Q540 13 6R24 TractIOn FIeld & Road $ X 5 =$~~

~~863-{)Q545 14 9R24 RadIal 6000 $ X 5 =$~~

~~863-{)0550 16 9X34 Tracl10n Field & Road $ X 5 =$~~

~~863-{)0551 18 4X34 Tracl10n Field & Road $ X '5 =$~~

~~863-{)Q555 18 4R38 Radial all tracl10n 23 0 $ X 5 =$~~

~~863-{)0560 1000X16 CGGC F-2 $ X 8 =$~~

~~863-{)0565 900-20 SAT $ X 6 =$~~

~~863-{)Q570 184-30 Champ spade $ X 14 =$~~

~~863-{)Q575 18 4-30 Champ spade gnp $ X 4 =$~~

~~863-{)Q580 1400R24 Bndgestone vtIT $ X 8 =$~~

~~863-{)0865 10ooR20 T -831 16 ply $ X 8 =$~~

~~863-{)O870 llR22 5 T-819 16 ply $ X 8 =$~~

~~TOTAL FOR SECTION 9: $~~

~~9 INITIALS OF BIDDER: _ Fg~ Bend County Bid #0 1-011 J. SPECIFICATIONS (cont'd):~~

~~SECTION 10: LIST BRAND OFFERED: (Bid the equivalent. Tires listed arc Firestone brand)~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE OTY. PRICE~~

~~863-00590 LT235n5R15 Steelte.xR4S 6 ply $ X 50 =$~~

~~863-00595 LT235/85RI6 Steeltex R4S 10 ply $ X 50 =$~~

~~863-00600 LT235/85RI6 Steeltex Af[ 10 ply $ X 30 =$~~

~~863-00605 LT245n5RI6 Steeltex R4S 10 ply $ X 6 =$~~

~~863-00610 950 R 16 5 Steeltex Af[ 10 ply $ X 5 =$~~

~~863-00615 P255nOR16 Af[ Wilderness 6 ply $ X 32 =$~~

~~863-00625 P205n5RI5 FTIOC $ X 8 =$~~

~~863-00630 P205n5RI4 FTIOC $ X 6 =$~~

~~863-00635 12R22 5 T-831 $ X 10 =$~~

~~863-00640 750X16 Trans RIb $ X 8 =$~~

~~863-00645 20 5X25 SGG E-21L-2 $ X 5 =$~~

~~863-00650 23 5X25 SGG E-2IL-2 $ X 5 =$~~

~~863-00655 29 5R25 E-3 22 ply $ X 6 =$~~

~~863-00660 750XI5 Industnal 12 ply $ X 4 =$~~

~~863-00665 600X9 mdustnal 10 ply $ X '4 =$~~

~~863-00670 825XI5m~UruI112~y $ X 4 =$~~

~~863-00675 700X12 mdustnallO ply $ X 4 =$~~

~~863-00680 4 80X8 Wheel barrow 2 ply $ X 4 =$~~

~~TOTAL FOR SECTION 10: $~~

~~10 INITIALS OF BIDDER: _ Fort Bend County Bid 110HI 11 J. SPECIFlCA TIONS (cont'd):~~

~~SECTION 11: TUBES (MUST BE FIRST QUALITY)~~

~~UNIT EXTENDED ITEM NO. DESCRIPTION PRICE QTY. PRICE~~

~~863-00685 750Rl6 Tube WIth 1R15 stem $ 5 '1~ X 25 =$ \ '-\ '-\ ,5~~

~~863-00690 750RI6 Tube WIth 1R150 stem $ S' "'''1 X 25 =$ \,-\ '-\ ,5~~

~~863-00695 750-18 Tube WIth 1R15 stem $ 1,0 ~\ X 5 =$ 3\55~~

~~863-00700 900R20 Tubes $ <\ 9.,\ X 5 =$ '-\0. oS~~

~~863-00705 1000R20 Tubes $\0 -,D X 100 =$ IOlD 00~~

~~863-00710 1400R24 Tubes $ -a" '-\\0 X 10 =$ d. '\ '-\ Ie D~~

~~863-00715 llLl5/16 Tubes $""\cX 6 =$ "-\ \.0 s L,~~

~~863-00720 184-30 Tubes $~' "l>.~ X 30 =$ \" '\ \., 10 :.~~

~~863-00725 12 4-24 Tubes $\:::0 ~ X 6 =$ ''-\ S~~~

~~863-00730 18 4R38 Tubes $ d~ O~ X 6 =$ \ \0 'i; '-\~~~

~~863-00735 KR 14/15 Tubes $ '-\ '1'& X 25 =$ \ d'l SO~~

~~863-00740 20 5R25 Tubes $ '-\ <>. 5 e;. X 5 =$ cl\d ';0~~

~~863-00745 1300R24 Tubes $ ;:}'I '\~ X 8 =$ Iqs ~'i~~

~~863-00750 13 6X24 Tubes $ \S II X 8 =$ I ti\o \ ~~~

~~863-00755 14 9R24 Tubes $" '-\'6 X 8 =$ I:'c\ ~'-\ I~~

~~863-00760 1000XI6 Tubes $ q S"3 X 8 =$ ,10 l>.'\~~

~~863-00765 lIOOXI6 Tubes $ 10 1\c X 8 =$ %1.0 D~~~

~~863-00770 12XI6 5 Tubes $ \ \ 5(" X 4 =$ Y Ie l>.'-\~~

~~863-00775 750RI5 Brass stem tubes $ '" 10 X 12 =$ II'" '1 ()~~

~~863-00780 23 IX26 Tubes $"3"35dX 4 =$ 1",'1 a~~~

~~863-00785 169/18 4X34 Tubes $ d.~ ",,,,,"X 4 =$ 0.'-1 '"Fi~~

~~863-00790 480/400X8 Tubes $ d. .,e; X 6 =$ \'" 1'-\~~

~~863-00795 600/690X9 Brass stem tubes $ '-\ ," X 4 =$ \ '6 <:; I"~~

~~863-00800 8 25R15 Brass stem tubes $ \, ,0 X 6 =$ \" Ia '" a~~

~~863-00805 700X12 Brass stem tubes $ 5 \~ X 4 =$ a..a '-\IS~~

~~TOTAL FOR SECTION 11: $ '-\ , \ '-\ "" '-\ C~~

11 INITIALS OF BIDDER:~ 12118/00 fA! III02 19:47 9793354072 HLAVINKAEQUIPME 1 'I FBI: MQt=lSlfll> DEPT. F I :281-341-8645 ' Dee 18 2000 lS:09 P,02 , I , , ' , • I~ I , , , , , , • ,I l • I ~ " , , I I ,1 ~1 I , I "ID $TAU OF '[UA$ "j CGlm'tY 01' lOay III:l'lD I '1;L. ; , I T!lis_ , ' d....ea"...i1l1ude'emeNd1llKl0D.dIo~dllyat' t)o;.t,@>..'eE(l,.20 QC>~~_bctwlICIll'wt , 1 " ! 8lIlJde-a,in1hllSwadTGlt3!I~dcslBD"""~,,,,llIlI'IiIIllIy~1adII"'C,Ml'''''''' __ I I " , 1 at... «det~_IltsldOllmt;yC"""""""CumI,1IIlI!\\\~\~,* E:o,u"?"g'*(lo::t J ".1nip. 'et W ~ 'I I I ,(, .. )1l21li8) I' I " I ' I 1

wrDII!liiIlTH; , I ~ , " tkCloutt...lua 1IIlI!dleCamtyae- _ 1lI41Dd~1iIr1lla·lln"lUh."'wIIiI;Il_~ ,."",.+ , ' • port IK:a:nt. Uljf!l!k:C ..ttll.lbls 1IIslIamml and tile l!l5Iul (...... ~ IbIIlIlllllrtIft lIII tall... ,,' :.. ~ bucm_pmi_ -.t lbr'd'Di-S _ IIIlIllI i'ocd; '1bI CGIIIIIJ ICRCS 10 1'*rtt.JD-;~i:l1fm J..._llIIt I .. 'I • ,.'bIIl 1

~~It.iIatIIK~1h;d1lll5 ...... -..ehaIlrbecmnllbiDdiqDl'dlb.:llwumllslpdbJ1IIeJllrlilll--~:apD"h~ ....~~

~~" ..... ia I"C1bD ia:::Bsdmlrallms h!fsl taDet '~~

~~ll...• O\I.:,~ T_1IIis~_af ~ ..D- CQ.)=x--rlI~.20CJ~ , 'I ' 1~~

~~" , 1 "p.r." I I ,j , d- J " .,.,------=-,=.::-:=--:-,-+"""=~----.J£., WL.~\J' PrftIIIIIl K_ 'I~~

~~12 , ,~~

~~, , , , I j Tabulation~~

~~Term Contract for Purchase of Chrysler Repair Parts~~

~~Bid #01-013~~

~~Crown Dodge 31% Houston TX~~

~~Recapitulation~~

~~Legal notice run in newspaper Nov 19th and 26th IndJvidual notices mailed 46 Bid packets mailed or picked up 4 Bid open date December 4th Bids receIVed 1 INVITATION FOR BIDS~~

~~TERM CONTRACT FOR THE PURCHASE OF CHRYSLER REPAIR PARTS FOR FORT BEND COUNTY~~

~~BID #01-013~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, subject to the Terms and Conditions of this Invitation for Bids, for term contract for purchase of Chrysler repair parts for Fort Bend County, as described on the attached specifications, will be received in the Office of the County Purchasing Agent, Fort Bend County, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond OR (Mail to: 301 Jackson, Richmond, Texas 77469) until 1:30 P.M. (LOCAL TIME) MONDAY, DECEMBER 4,2000. All bids will then be opened and publicly read In the Office of the County Purchasing Agent, Jane Long Annex, 500 Liberty Street, Suite 103, Richmond, Texas Bids received after the speCIfied time will be returned unopened. N LEGAL'rwc~m1CTrnGc;;I-=ANY'------\~~W~tr~r3J-~ FEDERAL I D # (Company or CorporatIon) SOCIAL SECURITY # (indIVIdual)

~~TELEPHONE NUMBER FACSIMILE NUMBER~~

~~CONTACT PERSON~~

~~U¥iO orA 1/1 )n,...:..-, ---,-t{-=OtJl~k~(& /1079 COMPLETE MAILING ADD~ CITY & STATE ZIP CODE~~

~~ZIP CODE~~

~~FBCPAFORM 103 (20NOVOO) Fort Bend County Bid IIOH113~~

~~A. SCOPE:~~

~~It is the intent of Fort Bend County to contract with one (1) supplier to provide new, unused Chrysler repair parts to include Chrysler, Dodge, Jeep and Eagle as specified herein~~

~~B. PERIOD OF CONTRACT:~~

This contract is for the period 1 JANUARY 2001 thru 31 DECEMBER 2001, renewable annually for two (2) years (thru 3 1December 2003) under the same terms and conditions ifmutually agreeable by both parties This contract may be terminated by either party for any reason by giving thirty (30) days written notice of the intent to terminate

~~C. BID FORM COMPLETION:~~

Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend County Purchasing Department ONE (I) complete bid form. An authorized representative of the bidder MUST sign the contract sheet. The contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authonzing the item(s) desired has been issued The use of liquid paper is NOT acceptable and may result in the disqualification of bid If an error is made, vendor MUST draw a line through error and inItial each change

~~D. REQUIREMENTS:~~

~~1 Bid must be expressed in percent off list price, correct to three decimal places List price shall be that price posted in the Chrysler parts list~~

~~2 This bid covers every repair part in the Chrysler parts list except body repair parts~~

~~3 Back orders must be established for any item "out of stock". Back orders will be Itmited to one (1) working day~~

~~4 Bidder must proVIde, without charge, SAME DAY DELIVERY~~

~~5 All deltvenes must be made and completed between the hours of 8 00 AM and 4 00 PM Deltveries made after 4 00 PM will not be accepted Road and Bridge hours are 8 00 AM untll 3 30 PM~~

6 In those extremely rare cases where a department needs a particular repair part immediately, Fort Bend County reserves the nght to purchase that Item on the open market without endangering this contract

~~E. INTERLOCAL PARTICIPATION:~~

~~Additional governmental entitles, withm Fort Bend County, may purchase from tills bId Vendor agrees to accept purchase orders from those participating entIties and to mVOlce each entity separately~~

~~2 INITIALS OF BIDDER:, _ Fort Bend County Bid #0 1-013~~

~~F. ENCLOSURES:~~

~~The following being incorporated herein by reference for all purposes as though fully set forth herein word for word~~

~~1 Enclosure # 1 - General Requirements~~

~~2 Enclosure #2 - Purchase Order Terms and conditions~~

~~G. BID PRICE:~~

~~Bid price for Chrysler repair parts, FOB Fort Bend County~~

~~"} I % off ofhst~~

~~3 INITIALS OF BIDDER: _ CONTRACT SHEET~~

~~THE STATE OF TEXAS COUNTY OF FORT BEND~~

~~TIns memorandum of agreement made and entered mto on the ~y of ~ C , 20~ by and between Fort~~

~~Bend County m the State ofTe'~~

~~of an order of Fort Bend County C01ll1I11sSlonersCourt, and CoP 0 \OJ 4 (heremafter deSIgnated Contractor) (company nlll\le)~~

~~WITNESSETH~~

~~The Contractor and the County agree that the bId and specrlicatlons for the Chrysler repair parts whIch are hereto attached~~

~~and made a pan hereof, together WIth thIs mstrument and the bond ("hen required) shall constitute the run agreement and~~

~~contract between parties and for furmshtng the Items set out and descnbed, the County agrees to pay the pnces StIpulated m~~

~~the accepted bId~~

~~It JS further agreed that thIs contract shall not become btndmg or effectIVeuntil SIgned by the parties hereto and a pun;hase order~~

~~authonzmg the items deSIred has been ISSUed.~~

~~~ &- dayof ~ "- Executed at RIchmond, Texas thIs _-,--=-\ d __ , \ ) <:. ~'""£= ~~~

~~Fort Bend County, Texas~~

~~(/~ / c..;'iJ110/~ By:'---'-""""'7-'-7":7"'":::-+-=--:-::-"""7------/~ture ofContraetor~~

~~By: -:::-:-_-::- __ :-=-:- _ Printed NllI\le and Title~~

~~4 INVITATION FOR BIDS~~

~~TERM CONTRACT FOR THE PURCHASE OF CHRYSLER REPAIR PARTS FOR FORT BEND COUNTY~~

~~BID #00-013~~

~~ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 11/20/00~~

Sealed bids, subject to the Terms and Conditions of this Invitation for Bids, for term contract for purchase of Chrysler,repair parts' for, Fort B~nd County, as described on the attached specificatJol1s,~willbe re~~lved jn'lth~_9flice of the County Purchasing Agent, Fort Bend COiJnty,Jane,Lol)9 Annex,'5QO,Liberty~treet, Suite 103, Richmond OR (Mail to: 301 '~ack~qr', R1ctlJ:llpnd,;.Texas·174§9)untiI1:~0 ,P.M., (LOCAL TIME) MONDAY, DECEMBER 11,2000. All bids will then"be'opened and pUblicly read in . .... " \ ' the Office of ,the_County Purchasing -Agel1t,_J,C!.rie,Lqng ;A.nne~.,500 ltberty Street, Suite 103, Richmond, Texas: ~Bi~s received aft~r the:~pecifie~ time willJle returned ::, ~ "'--..., • ";. .. , '"",..- -.- ~ _ • ,,-- -S. unopen . ";A' '< " " "'" ':"', - -, .- --~, ;',F' ,,:-.:-,', -~>,--.~;.',:'.~ ~b1.~t./~'~-~~'~' "' , --.:",.,-:'..

~G_ £;:~~&~/;'-~;<~:~~~3t FEDERALW # (Company orl::il1}lOIal10n) ,'- _ ,'- ;-SOCIAL SECURITY JI (IndMdual) ;',,: '....., ,~ _.:"- ~ -"t_\}~ ~ .:c~· -'~- ,! ""...... ? "'. ~ ~:;"";';~:~.'~.:-.-~; ",' :

~~.~ - \ -~, ~ ,- ~'. . .. ").~ ... ~. ~if:..~~-~!C(~'<,', ' ':'~.; :<·jjir~:q(;(j-~/36~ TELEPHONE NUMBER. ' -' .' '_" _ : FACSIMILE- NUMBER '~~

~~~ CONTACT PERSON~~

~~FBCPA FORM 103 (20NOVOO) . R&8 CRA88 Fax 1281-238-3635 Dee 6 '00 8:02 P.04 .• F'EC ENGINEERING Fax!281-342-neG Dee 5 2000 14:16 P.Q.4 3l.\~ n~C-g5-ge \2l23 ~M r.e.~~

~~AS PER ORIGINAL~~

~~CMlGenlral A TEX·DBE, INC Poooo. 281 43a Co46 ~C1Ion P.0. e~26673! Fill 71:1991 7314 Houston. TadS 7'T?Oj~~

~~December~. 2000~~

~~Fort Bend Coutlty Engine.nng Department '124 Blume ~08d~~

~~/0 RE. CottonwOOd SchOOl Road BrtQge Over Coon creek~~

~~/ Atltnt,on Louis Hood~~

( Mr. HQoC. I I I We propose to furnIsh all JaIlOr,mati"il', equipment, and irl$Ylllnce ~MIY to I I \nibil gpproximat8ly 23 C YoOf Slope Paving at abLJtmQntnumber 1 and 1 at \..:t ""';Ie .... III' LRe.~ SIOiageOver Snake Cree\( for $300 00 per Cubic Yard. Total Price $ 6.gCO 00

~~Thank you fer giving U{i !he o~pot1un~to quoteyOu.~~

~~-, . R&B CRABB Fax'2S1-23S-3635 ;. • ~ F"ElC~INEERING Dee 6 '00 8:02 P.05 F"ax:2el-342-7366 Dee 52000 14=16 P.05~~

~~w ."''"' •• ~•• li '-IIJIf. I",""" ).~ .,3dI, / ~ W!~~t.A " ., I·W ~I.J - --~~

~~---~ ------R&B CRABB Fax:281-238-3635 Dee 6 '00 8:02 P.02 .. ~ ENGINEERING Fax :281-342-7366 Dee 52000 14:15 P.02 ~~C ~Eo~e~-'Qt~~~~ PK ,..Cla~~

~~AS PER ORIGINAl.~~

~~CNlI & Genaal A TEx-OBE, INC ~1lI'l: Dt 438~ Can&lr\ICIiCft P.O.ltlx 2S6~ Fib: 719 911 7SS4 HOODlgn,T".a."207~~

~~Oec8mberS, 2000 Fort Bend County E"GinMring~attmant 1124 Btume Road~~

~~RE Moaena ScMO( Road Sl'Jjge Over Sna~e Crsek~~

~~AttentiOn:LouisH~~~

~~Mr.HoM'~~

We propose to f\lrnr.;h an Iebor. material equipment, and tIlsuranc6 ~S&ary 10 Install approxma~Jy 18 C.Y. at Slope Pu.vlnJl • abutrntnt numbel' 1 and 2 tit Modenil School RtJad Bridge ~r SnakeCfeek for S~OO00 per Cubie Vatd.

~~Total Price $15,400 ro~~

Thank yQ'" ror giving ~ the opp6rtuMy \Q Q\lote you. R&B CRABB Fax:281-238-3635 Dee 6 '00 8:02 P.03 FX milt£ERlloKi Fax !281-342-7366 Dee 5 2000 14:15 P.03 - ...e~ D~c-68-QQ t512~ PM jI: ~(". 4.J ?:",h./ A!J "~IJc.-Ib..l, ...? Q;;J.d ?~c' ~ :f '1 Jlt ~-g.;,.t.p. "frl tr ,r.Liif /"t;1 • -- -~ ~= ~- -c:>.

~~~ - -.----~~

~~I I I~~

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~~~ ;0061456 file IIIqtWINDOWSrrEMP/Quo(e 50061456 HT\11~~

~~DELL QUOTATION OlG;- ECom QUOTE #: 50061456 \21 (10 ( Customer #: 1805735 It? Quote Date: 11116/00~~

~~Date: 11/16100 8:13:41 AM Customer FORT BEND COUNTY MIS Name:~~

~~TOTAL QUOTE AMOUNT: $2.,903.00 Product Subtotal: 1$2,868.00I Tax: 1 $0.00 Shipping & Handling: I $35.00 Shipping Method: I 3rd Day Total Number of System Groups' 1~~

lGROUP: IQUAN~±~ PRICE: S2,~~' ~ROU~ TOTA~_:$2,8~8.00 I Base Unit. ,,-lIlude CPxJ65OGT,Pentium UI14.1',TFT,US (2211-3621) e6MB,2 DIMMS,SDRAM,For Dell ~emory tiludoCSlCP1ICPxlC6OOIC800Notebooks,Factory In513ll (311·1728) r,GB Hard DrIve,9.5MM,For DellI..alJtude CPIRlCPxNotebooks,Faclory Hard Drave nslall (340-7926) !W,ndOWS'98,Second EditJon,CD,English For Dell LabludeCPtS/CPxJ )peratlng System Notebooks.FaetoryfnS1a1l (420-5541) 3COM 101100 CardBus LAN Card,V2.6 For Dell LallludeNotebooks,Tled NIC (43Q-6163) 56K PCMCIA,V.90,CabIed Modem,PSION,lor Dell Labludec-S.r1es Modem Notebooks.FactoryInstall (313-0512) 24X CD-ROM.JntemallExtema~For Dell CD-ROM or OVD-ROM O"ve: LalJludecP·5eneslC6Oll1C800Notebooks Factory Install (313-11249) ClDOCK2.Expansoon StatIOn Forl>ell Latrtude IDocumentation Diskette" C-Se" ... Notebooks.Faetory Install (311l-4564) LI-lON S~ Battery For DeIlLabtude CP-so" .. Notebooks,Factory /oPtion 1 lnslall (312-0008) ::Jervlce Next BusU\ess Day and COmp6eteCare Service. InlDalYear (902-3920) Next Busll\OSS Day and COmpletl!Care service. 2 Year Extended eNlce (902-3922) Mise FAT32. FIle System,Wondows '9)(, Factory 1n513ll (42l:1-ll137) I

~~TOTAL QUOTE AMOUNT: S2,903.oo ------~ ------'------.- Product Subtotal: \$2.868.00 T Tax: I sa.oo I Shipping & Handling: I 535.00 . I Shipping Method: I 3rd Day Total Number of System Groups: I 1~~

~~r r It (If"'rlfl{LR 11 ;\ \ 1 1061456 file IIIqWINDowSrrCMP/Quotc 50061456 HT'11~~

~~SALES REP: Dan Trout PHONE: 800·981·3355 Email Address: daniel [email protected] Phone Ext: 62212~~

~~For your convenience, your sales representative, quote number and customer number have been~~

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~~place your order online at www dell.com/quote~~

~~This quote is subJect to the terms of the agreement signed by you and Dell, or absent such agreement,~~

~~Is sUbject to the applicable Dell terms and conditions agreement~~

~~Prices and tax rates are valid in the U S. only and are subject to change~~

~~All product and pricing information is based on latest information available. Subject to change without~~

~~notice or obligation.~~

~~LCD panels in Dell products contain mercury, please dispose properly.~~

~~Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal~~

~~options at [email protected] Minimum quantities may apply.~~

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~~Gentlemen,~~

~~I propose the following changes to the newspaper publication bid which opens December 18, 2000 at 130 PM (CST)~~

Delete the requirement for an Audited Financial Statement. AudIted financial statement are tYPically reqUired by the County when soliCiting bids and/or proposals for projects or services where the financial strength of a company 15 Imperallve The statements assist us In evaluation the bids when determining the finanCIal strength or weakness of the bidders and are always kept "Confidential". Recently we reqUired an audited finanCIal statement from vendors bidding on the County's Employee Benefrts Plan contracts (Third Party Administrators)

In the case of newspaper advertiSing the financial status of the bidder IS not cruCial, rather, what IS cntlcalls the ability to publish the reqUired County nollce on the appropnate day Should the newspaper fall to accomplish thiS task, the County would Simply post the nollce in another newspaper and conSider contract terminallon I do not believe the County would bear a finanCIal burden should thiS scenano occur

~~Amend the requirement for a Circulation Data Audit accomplished by an independent audit firm by deleting "independent audit finn".~~

Bid speCifications require a statement of ownership, management and circulation Issued by the U S Postal. ThiS reqUirement coupled with a Clrculallon Data Audit, which could be produced In-house by the newspapers and eategonzed by ZiP code would proVIde us enough data to determtne which bid IS "the lowest and best".

~~I am available at your discretIOn 10 diSCUSSany Issue you deem appropnale~~

~~Gilbert D Jalomo~~

~~cc: Brady E:hott. Robert Kem, Thomas Culver, Thomas Stansbury AS PER Of\1G1MAL~~

~~80 d ,IjWi~~

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~~....I~'! I I 35 TEXAS COUNTY AND DISTRICT RETIRFMFNT SY511:::::rvl Form ADCR-3B (County) RevIsed 2000~~

~~~ USE THIS ORDER TO AMEND A PREVIOUSL Y ADOPTED ADCR PLAN.~~

~~PART ONE: FORM OF MINUTES FOR ADOPTION OF ORDER.~~

~~The Slate of Texas~~

~~County of Fa r t Bend~~

~~On thIs the 1 2 t h day of Dee emb e r , 2000, the CommIssioners Court of~~

~~Fort Bend session~~

~~with the following members present~~

~~County Judge.~~

~~R. L. "Bud" O'Shieles Commissioner, Precinct #1,~~

~~Grady Prestage CommiSSioner. Precinct #2.,~~

~~Andy Meyers CommiSSioner. Precinct #3;~~

~~James Patterson CommiSSIOner, Precinct #4, and~~

~~Dianne Wilson County Clerk~~

~~Mr/~ Patterson moved that the order (which IS Exhibit One of these~~

~~minutes). Including a/l options checked and InitIaled In SectIon IV, be adopted by the County The~~

~~motion was seconded by Mr JI\IS\:_-"-P-=r-=e:.os::.:t::.:a::.:g=e ,.and was adopted with the following~~

~~members voling AYE ~O_'-'S~h"'i~e=-l=.e=s , _---'~~.!...lO='__Prestage .~~

~~______Patterson , ~and~~

~~______, and the follOWing members voting NO~~

~~Meyers~~

~~1 PART 1WO FORM OF ORDER TO BE ADOPTED AND INCLUDED IN MINUTES.~~

~~EXHIBIT ONE. ORDER AMENDING THE ANNUALLY DETERMINED CONTRIBUTION RATE PLAN AND MAKING PLAN SELECTIONS THEREUNDER~~

~~Note: All statutory citatIons in this order refer to the TeDRS Act (Subtitle F, Title 8, Govemment Code)~~

~~WHEREAS, THE COUNTY previously adOPted the Annually Determined Contnbution Rate Plan~~

~~under Subchapter H, and made certain elecliOns and selections authonzed by said subchapter; and~~

~~WHEREAS, THE COURT finds It to be In the public Interest to amend or add to the selectJons previously made by the County, now, therefore It 15 ORDERED.~~

~~I. EMPLOYEE DEPOSIT RATE~~

~~For each payroll penod from and after January 1, 2001, member depOSitsof each eligible County 7~~

~~depOSitsshall be withheld by the payroll officer and transmitted to the System for depOSitto the~~

~~Individual employee account~~

~~II. CURRENT SERVICE CREDIT PERCENTAGE~~

~~For service performed for the County on and after January 1, 2001, each member shalf receive~~

~~multIple matchmg credit, which when added to the rate used to determine the current servIce credIt~~

~~allowable under Section 843 403, Will total_2_O_O__ %.? of the member's depOSits Current service~~

~~credit for periods ending pnor to January 1,2001, shall be at the greater of the rate In effect December~~

~~31,2000, or the rate to take effect January 1,2001~~

~~III. PRIOR SERVICE CREDIT PERCENTAGE~~

~~Allocated (special) prior service credits granted to any member by the County and In effect December~~

~~31, 2000. shall be recomputed at 165 %3 of the maximum (special) prior service credit of each~~

~~member affected~~

~~1 4% 5%, 6% or 7% unless a lower percentage IS reqUITed under Section 844 703(h)~~

~~2 May be 100%. 125%. 150%. 175%. 200%, 225%, 250% or the percentage currently ,n effect 3 Must be a mulbple of 5%, may be the same as, but not less than the perce"lage preVlously adopted by the County~~

~~2 IV. SELECTION AND ADOPTION OF OTHER OPTIONAL CREDITS AND BENEFITS~~

~~Effective January 1.2001, In accordance with Section 844 704 of the TCDRS Act. the County adopts~~

~~the following additional rights, credits and benefits4 (To adopt any optional right, credit or benefit~~

~~descnbed In this section the County Judge must check (01 and initial each option selected):~~

~~5 ( ) Incrsase In existing Annuities under Sec. 844 208 allhe rala of __ % (,nlbal here) ~ (\ 6 (x) Increase in Exlsllng AnnuitIes underS~~

~~:> NOTE. On/yoM of the abOIie cost.of-lMng /ncrNSes may be selected underth/s order ( l OpUonaJ Benefit Ehg,bdlty Plan 2 (8-year V<>StlnglReliremanl ElIglbJrrly) under See 844 210 ('nlbal here) _~~

~~( l OpUonal Benefit Eligibility I'lan 3 ("Rule of75" Retirement Eligibility) under Sec. 844.211 (Inlbal he",) _~~

~~( ) Reinstatement ("Buy-Sack") of PrevIously Forfeited Service Credit under Sec. 843 003 (,nltlal here) _~~

~~( ) Service Credit for Military ServIce (10-yearrequirement) under Sec. 843.601 (c) (Inlbal here) _~~

~~( ) Service Credit for Mrfltary Service (8-Year requirement) under See 843.601 (e) (in,Ualhere) _~~

~~( ) Pre-Membership Credit under See 843.20.4 (Inmal here) _~~

~~( ) Partial Lump-Sum Distribution under Sec. 844.009 (,nlbal here) _~~

~~V. EMPLOYER CONTRISUTION RATE The County hereby undertakes to make monthly normal contnbutlons and pnor servIce contnbubons to the~~

~~System at an employer contnbutlon I13tethat equals or exceeds the tota! calculated employer contnbuvon~~

~~I13te(I e., the calculated employer conlnbubon I13teplus the rates for any oplJonal nghts, benefits and~~

~~credits elected in Secbon IV) determined from year lc year by the actuary of the System, and approved by~~

~~the Board of Trustees as provided by Subchapter H of Chapter 844 Such employer contnbubon rate~~

~~(which does not include the rate for "picked-up" conlnbubons under Section 845 403(1) and the rate, If any,~~

~~for contnbubons to the Supplemental Death Benefits Fund under Secbon 845.406) shall not exceed the~~

~~statutory maximum employercontnbubon rate prescnbed by Section 844.703(c) (currently 11perr:ent)~~

~~unless thiS Court elects to waive that statutory limit Any waiver of the statutory maximum rate made In~~

accordance With Section 844]03(0) shall remain In effect unbl January 1 of the year fOllOWingthe yearm Which the waiver is repealed by the Court An employer cantnbutlon rate adopted by the ,Court that exceeds the total calculated employer contnbutlon rate shall remain in effect for each subsequent year unbl

~~rescinded by the Court or until the total calculated employer contnbutlon rate determined by the actuary~~

~~exceeds the elected rate~~

~~------~~

4 An explanation of all ADCR planopbons can be found on pages 3-5 of the attached matenals 5 ThiS percentage must be 30. 40. 50. 60, 70 Dreo. See 1m"" 18-19 of Exhibit A 6 This percentage must be an Integer (e g , 1%.2% 3%, etc) See hnes 20-21 of Exhibit A

~~3 For 2001, the County shall make subdivision contnbutlons to the System at the total employer~~

~~contribution rate of 1a • 49 %.7~~

~~ELECTION TO WAIVE THE 11% LIMIT ON EMPLOYER CONTRIBUTIONS e~~

~~NOTE' The County JUdge MUST sign the following election ONLY IF:~~

~~1) The Court adopts an opt.onal or required amployer contribution rate exceeding 11% (see footnote~~

~~7 belOW), or~~

~~2) The Court adopts optional rights, credits or benefits that produce an employer contribution rate~~

~~exceeding the aetuarlally determined limit established for your individual subdiVision (as shown~~

~~in footnote 3 on your ExhIbit A for 2001)~~

~~Effective January 1, 2001, thiS Court elects to waive the statutory maximum employer contribution~~

~~rate limit of 11% prescribed by Section B44 703(c) 8 _ Judge's Signatu~~~

~~VI. OTHER PARTICIPATION PROVISIONS CONTINUED~~

~~Except as modified by thiS Order, the orders previously adopted by the Commissioners Court relating~~

~~to partlclpanon in the System and In effect on December 31, 2000, are continued In effect~~

7The employer conlnbullon rate should equal either (a) or (b) (a) the Calculated Employer Contribution Rate shown on Line 7 of Exh,M A, plus the sum of 1) the rate for the COLA annuIty Increasa under SectIon 844 208, If authorIZed (Line 19, EXhIbit A) or under Section B44 209, rf authonzed (lIne 21, ExhIbit A), plus 2) the rate for 8-year vesting and retirement ehglbliity at age 60, If authorIZed (Une 15, EXhIbit A), plus 3) the rate for "Rule of 75" early reLremenl ellglblhty. If authOrized (line 16, Exhibit A), plus 4) the rate for PartIal Lump-Sum Distribution, If authOrized (Line 17, Exhibit A), plus 5) thera!e for reinstatement ("buy-back-) of prevlouslyforferted service credit, If authonzed (Line 14 of Supplemental Exhibit A); plus 6) the rate for 'pre-membership" credIt, if authOrized (LIne 14 of Supplemental Exhibit A), (b) any whole percentage rale (e g ,4"10,5"10,6"10,7"10.8"10,9"10,10%,11%) that ISequal to or greater than the rale computed In accordance With the InstructIons set out In (a) Immediately above The County may elect 10 contnbute at a total celculated employer contnbutlon rate exceeding 11% (as determined by the actuary) or at an Integer rate exceeding 11% only If the County waives the statutory maximum employer contnbutlon rale limIt In accordance Withsect,on 844 703(c) The waIver of the statutory mSXJmumremams In effect until It ISrevoked by the CommiSSioners Court If the subdiVIsion elects to contnbute at an Integer rate above the actuarlally determined rale, that rate Will remain In effect unllllt,s changed by order of the CommiSSIoners Court or until the total calculated contnbutlon rate exceeds the elected rate

~~8 InformatIon regarding the wa,ver of the statutOI)' maximum employar contnbutlon rale can be found on page 2 of the attached malenals~~

~~4 PART THREE: CLERK'S CERTIFICATION,~~

~~I, D1snne Wilson Fort Bend of the Commissioners Court, do hereby certrfy that the foregoing IS a fUll,lrue and correct copy of CommIssioners~~

Court Order Amending the Annually Determined Contribution Rate Plan and Making Plan Selections Thereun- der, and ofthe official mInutes pertaining to its ;tdoptlon, as the same appear of record In Volume '

~~Pages ---' of the official mmutes of the Commissioners Court of County, Texas.~~

~~Given under my hand and seal of office thiS 1 2 t h day~~

~~of December ,2000~~

~~County Clerk and Ex-OfficIo Clerk of the CommisSioners Court~~

~~5 IN THE MATTER OF APPROVING BILLS FOR FORT BEND COUNTY FOR THE YEAR 2000~~

~~reJ U t.",- Session of the Commissioners Court wrth the following present~~

~~County Judge~~

~~CommiSSioner, Precinct 1~~

~~CommiSSioner, Precinct 2~~

~~CommiSSioner, Precinct 3~~

~~CommiSSioner, Precinct 4~~

~~Now, therefore, be rt resolved upo~~

~~seconded by CommiSSioner __ ~~"""";"":,*-"'-- "duly put and earned, rt IS ordered that the bills be approved as presented by Robert Ed Sturdivant, County Audrtor~~

~~/lJ./t i ii:// County Audrtor~~

~~Date _~~

~~Time Reconvened. _~~

~~Time Adjourned or Recessed _~~

~~applOValbll1s IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 2000~~

~~On this the 12th day of __ ""::;=="'-December __ ' 2000, the Commissioners' Court, with the following members bemg present~~

~~James Adolphus County Judge R L O'Shleles Commissioner Precmct #1 Grady Prestage Commissioner Precinct #2 Andy Meyers CommIssioner Precinct #3 James Patterson Commissioner Precmct #4~~

~~The following proceedIngs were had, to·wnt,~~

~~THAT WHEREAS, theretofore, on October 12, 1999, the Court heard anI! approved the budget for the year 2000 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 following transfers to saId budget are hereby authoTlzed~~

~~Department Name Auditor Department # ..:0'-'0'-'5=--- _~~

~~UNE~TEM NAME NUMBER AMOUNT~~

~~TRANSFER TO~~

~~Temporary/Part-time - HR 010-007-0070-0201 $ 1,064~~

~~TOTAL TRANSFERRED TO TRANSFER FROM.~~

~~Retirement - Auditor 010-005-0050-0400 $ 1,064~~

~~TOTAL TRANSFERRED FROM 1,064~~

~~EXPLANATION To budget for temporary part-time for Human Resources for the remainder~~

~~of December, 2000~~

~~Department Head Date December6 2000~~

~~ROUND DOLLARS ONLY THE COUNTY OF FORT BEND~~

~~BY James Adolphus County Judge~~

~~cc BUdget Office (onglnal), CommiSSioners, County Judge, County Auditor FORT BEND COUNTY COMMISSIONERS COURT AGENDA REQUEST FORM RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE~~

~~DATE SUBMITTED November 27,2000 SUBMITTED BY Ed Sturdivant AGENDA DEPARTMENT AudItor - 005 ITEM COURT AGENDA DATE December 5, 2000 PHONE NO x3769 i\Sr.. \~~~

~~SUMMARY OF ITEM Dehberate and take actlOn on approval of payment to PTIIncorporated for archItectural servIces for the renovatlons to Bluendge Park~~

~~RENEWAL CONTRACT/AGREEMENT Yes ( ) No (X)~~

~~LIST SUPORTING DOCUMENTS ATTACHED Request for payment~~

~~FINANCIAL SUMMARY~~

~~Budgeted Item Annuahzed Dollars Comments Yes(X) No() N/A() One Time (X) NlA Recumng () N/A ( )~~

~~Fundmg Source Fund JWl Agency Q1Q Object 1QJ.Q~~

~~Ongmal Form Submitted With backup to County Judge's Office Yes (X)~~

Yes ( ) AudItor Yes (X) CommissIOner Precmct I Yes (X) Budget Officer Yes (X) CommissIOner Precmct 2 Yes ( ) County Attomey Yes (X) CommiSSIOner Precmct 3 Yes ( ) Purchasmg Agent Yes (X) CommIssIOner Precmct 4 Yes ( ) County Clerk

~~RECO"IMEJ'o,l)A TlON / ACTJON REQUESTED~~

Approve payment to PT! Incorporated for architectural services for the renovations to Bluendge Park 16 ~ q\ ~r\ nEe 5 ?.GOG \ u ..J fO?1 BeND s - ~VI1~"\J~\1()1'. CIVIL' TRANSPORTATION' STRUCTURAL' MECHANICAL' E~ RICAL' SANITARY. ENVIRDrlMENTAL

~~ENERGY' CONSTRUCTION MANAGEMENT· VALUE ENGINEERING~~

~~EMAIL DCOLLlNS@PTI ENGINEERS COM' WEBSITE WWWPTI·ENGINEERS COM~~

~~PTI,INC. ENG rlfEfiS ARCHITECTS PLANNER::.~~

~~HOUSTON OFFICE 2925 BRIARPARK DR October 13,2000 SUITE 950 HOUSTON TX 77002 713266·6145 FAX 7139744812~~

~~CommissIOner Pct. 2 POBox 459 Mlssoun City, Texas 77459~~

Re: Professional Engineering Services Fee for Architectural, Civil and Plumbing Design, and ConstructIOn Documents for the renovations to B1ueridge Park Our Project No.. 2010XX Labor Penod Ending: 9/30/00 InvOIce Number. 1

~~Dear Mr.Comrmssioner~~

~~We hereby subnnt our mvoice for the above-referenced project The total amount due tlus invoice is Four Thousand Dollars and No Cents ($4,000.00). Attached, you will find a copy of the purchase order~~

~~Please feel free to call me If there are any questions.~~

~~Very Truly Yours,~~

~~PTI, Inc.~~

~~V~/.~ (? ...~ DavId L Col1ms, P E. PreSIdent~~

~~DLC/ds~~

~~Enclosures IE 5 2000~~

~~FORT BEND COUNTY AUDITORS~~

~~C \JnVOlceslJnvOlces\20IOu BLUERJDGE PARK\20IOXX Inv 1 doc~~

~~f,' J I " l THE STATE OF TEXAS §~~

~~COUNTY OF FORT BEND §~~

On tills ¥ day of m~ ,2000, the COmIlllsslOners Court of Fort Bend County, Texas, bemg convened at a regular meeting of the Court, slttmg as the govemmg body of Fort Bend County, upon motion of CommisSIOner &:Ttti'~ , seconded by Commissioner fYJ (J,,-J,d'~ ,duly put and carned, f IT IS HEREBY ORDERED that The County Attorney IShereby authonzed to negotiate the complete terms and prOVISIOns for the full and final settlement of ClVlIActIOn No H-99-0061, m the Umted States Dlstnct Court, Southern Dlstnct of Texas, Houston DIvIsIOn, Hortencla Garcia v Fort Bend County, m accordance with the basIc terms of settlement recommended by CommissIOner Patterson and entered of record m the above cause followmg the moderated settlement conference held on December 6, 2000. CommissIOner Patterson IShereby authonzed to execute and deliver the settlement agreement recommended for approval by the County Attorney m the above referenced case, and to approve such terms and provIsIOnS for the full and final settlement of all claims set forth therem. However, such settlement shall never be construed as any admiSSIOnof liability on the part of FORT BEND COUNTY and/or Its successors, assigns, and msurers, or ItS officers and employees, and/or its, hiS, her, or their agents, servants, successors, assigns, insurers, heirs, executors, admlmstrators, or other persons, firms, corporatIOns, aSSOCiatIOnsor partnerships, by whom any alleged liability ISexpressly demed, smce said settlement IS m compromise of doubtful and disputed claims