dallas county commissioners court briefing agenda · dallas county commissioners court briefing...

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

October 18, 2011

REPORTS/RECOMMENDA TIONS/REQUESTS PAGE NOS.

1) HUMAN RESOURCES/CIVIL SERVICE

Projected Costs for Employee Benefits Open Enrollment for Plan Year 2012 .............................................................................................................. ..4-8

2) PURCHASING

Render Firm Susceptible for Award Consideration/Contract Negotiations - RFP No. 2011 037-5428; Request for Proposals for Agenda Management Software System ............................................................. 9-10

Insert

3) INFORMATION TECHNOLOGY

Information Technology Services - Data Center Operations Organization ............................................................................................................... 11-12

4) PUBLIC WORKS

a) SOQ #2011-053-5501 Indefinite Delivery, Indefinite Quantity Consultant Engineering Contracts .............................................................. 13-63

b) Road & Bridge District No.3 / Unincorporated Area Belt Line Road at Trinity River Bridge Repairs Construction Project - East Bank Access via Temporary License Agreement with Hanson Aggregates LLC ..................................................................... 64-79

c) Transportation Investment Generating Economic Recovery (TIGER) Grant Applications ....................................................................... 80-87

10118/2011

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5) COMMISSIONERS COURT ADMINISTRATION

Memorandum of Understanding with Great City Attractions Site Development for Observation Wheel ..................................................... Handout

6) PLANNING & DEVELOPMENT

Tax Abatement Proposal for Kohl' s ........................................................................ 88-89 (COURT ORDER ON FORMAL AGENDA)

7) BUDGET

a) Conference/Travel/Training Requests ........................................ , ............. 90-92

b) Hiring Freeze ................................................................................................. 93-94

c) Dallas County State of Texas - Task Force on Indigent Defense Formula Grant ................................................................................ 95-97

(COURT ORDER ON FORMAL AGENDA)

8) INFORMATION ....................................................................................................... N/ A

• Jail Population Report • Office of Budget & Evaluation - Reserve Balance

Report - October 12, 2011 • Purchasing:

}> Annual Contract Data Information }> Annual Contract Extensions

9) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ........................................................................... 98-102

10) PUBLIC COMMENTS

Speakers ...................................................................................................................... N / A

10118/2011

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FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

10118/2011

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DALLAS COUNTY HUMAN RESOURCES/CIVIL SERVICE

Date: October 11, 2011

To: Members of Commissioners Court

From: Mattye Mauldin-Taylor, Ph.D. Director of Human Resources/Civil Service

Subject: Projected Costs for Employee Benefits Open Enrollment for Plan Year 2012

Backgrouud Each year for ease of administration, the Ruman Resources/Civil Service Department requests approval to spend funds from various line items in its budget to pay the upfront costs associated with Dallas County's Annual Open Enrollment (e.g., production and mailing of materials, meeting space for retiree meetings, supplies for ESS Benefit Reps, etc.). Later, all funds spent are then transferred from the Employee Benefits Trust Fund back to HR's budget.

The component oflhe Annual Open Enrollment that involves retiree meetings includes Dallas County's utilization of the INFOMART. In addition to notifYing the Court ofHR's use of budgeted funds to pay for upfront costs, this briefing also seeks to 1) acknowledge Dallas County's customary usage of the INFOMART for its open enrollment meetings for retirees, 2) recommend that Dallas County continue to use INFOMART, and 3) authorize Judge Jenkins to sign the contract with the INFO MART on behalf of Dallas County (Attachment A).

Impact on Operations Expenses incurred will be paid out of Ruman Resources/Civil Service Department's line items (e.g., Printing, Postage, and Other Professional Fees) with full reimbursement by the Employee Benefits Trust Fund.

Legal Review The Civil Section of the District Attorney's Office has reviewed the Contract.

Financial Impact The llpfront costs are estimated at $12,000 which includes $1,268 for the INFO MART.

Strategic Plan Compliance This recommendation supports Vision 1, Strategy 1.3: Dallas County provides sound, financially responsible, and accountable governance.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court approve the utilization of fimds from the Human Resources/Civil Service budget to pay for costs associated with Dallas County's Annual Open Enrollment which is estimated at $12, 000 with full reimbursement from the Employee Benefits Trust Fund and authorize Judge Jenkins to sign the event contract with INFOMART on behalf of Dallas Counry (Attachment A).

Recommended by:

501 Main Street Records Building K:IBriefings 2011lAnnual Enrollment

a Idin-Taylor, Ph.D. Human Resources/Civil S

Dallas, Texas Equal Opportunity Employer

- 2012 Reimbursement.doc 214.653.7638

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ATTACHMENT A

EVENT CONTRACT

Ms. June McDuff 509 Main Street Room 101 Dallas, TX 75202 Phone: 214-653-6161 Account 3639001083

Location Mtg Room 7001 F Hollerith

Setup Style As Is

Name

CLIENT PO# 222884

AUDIO VISUAL Podium - provided by INFOMART $N/C 9' x 12' Projection Screen (Front) Standard Wired Microphone with table top stand into house sound system Labor: Delivery, Installation & Pick up

STAFFING

OUTSIDE SERVICES

RESERVED RESOURCES

AGENDA 7:00 AM Client AV Set Up (Expect early guest arrival) 8:00 AM Registration Opens/Continental Breakfast 12:00 PM Meeting Conclusion

SET UP INFORMATION Registration 4~8' - Skirted Banquet tables; 2 chalrs each 3 Additional skirted banquet tables; 2 chairs each for materialsGuest Seating **"'1 Classroom set (using strip tables)***** for 300 guests Front of Room 1 Skirted banquet table; 2 chairs for instructor

Event Date: Description: Guest Count: Guarantee Count: Event Status: Contact Person: Contact Phone:

Quantity

Start Time 8:00 am

Contract#: 99017295

Wednesday, November 09, 2011

300 o

Booked Julia McDuff 214-653-6161

Price

$200.00 $80.00

$360.00

End Time 12:00 pm

Total

$20000 $80.00

$360.00

PURCHASED MATERIALS

ROOM CHARGES $500.00

Subtotal: $1,140.00 Discount: Tax 1:

Tax 2:

Surcharge: $128.00

Gratuity:

Contract Total: $1,268.00

Total Credits:

Adjusted Total: $1,268,00

ATTACHMENT A 1 Podium (provided by INFOMART) 1 Mic into house sound system by Freeman AV 1 Skirted banquet table behind podium 1 4 top table; white linen for client's laptop and projector 1 9x12 projection screen provided by Freeman AV Miscellaneous 1 Skirted banquet table for self service water station with disposable cups and wastebasket (at back of room)

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Please review the EVENT CONTRACT carefully. Your signature verifies that the above information is correct. A guarantee of the number of guests attending the event and any menu changes must be received no later than seventy-two (72) bUsiness hours in advance.

Client Signature and Date

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ATIACHMENT A

EVENT CONTRACT

Contract#: 99017295

[ .•••••••••.•..•..•...•..•• > •. ."\' .....••••••.•• < .••. < .....•...•..... I<Y:;;;f;!?!\lI=R .. ' '. ••.. . ..•. I,·· ...• · ••. · ...... · "M~NHNfQRMHI(jf:l

Ms. Julie McDuff Event Date: Wednesday, November 09, 2011 509 Main Street Description: Room 101 Guest Count: 300 Dallas, TX 75202 Guarantee Count: 0 Phone: 214-653-6161 Event Status: Booked Account 3639001083 Contact Person: Julia McDuff

Contact Phone: 214-653-6161

. · .. ····••··•·.·.··•··•·•·· .. ···· .... ·······;.··r·<·<c ~ •.... ::.; ..................... " .

Location Setup Style Start Time End Time Mtg Room 7001 F Hollerith As Is 8:00am 1200 pm

" .' .. ; •... ;....... .....) .. :...\ ....... ;.:" .. :. ~ ........................ " .........................

••..••. '" i:: ". .... ••.•..•• .•.•. ····.~~iii1J$~~~!'i'trO~!r . " '.' ...... ...• . .

Name Quantity Price Total

CLIENT PO# 222884 ----------------------------------------AUDIO VISUAL Podium - provided by INFOMART $N/C 9' x 12' Projection Screen (Front) 1 $200.00 $200.00 Standard Wired Microphone with table top 1 $80.00 $80.00 stand into house sound system Labor: Delivery, Installation & Pick up 1 $360.00 $360.00 ----------------------------~-----------

• •• ". <. . ' .•...............•.•.... •• •••• •••••••• • !?Tfl.ER~H4~q~l> ..•. ..' .. . .

. " .. STAFFING PURCHASED MATERIALS

OUTSIDE SERVICES ROOM CHARGES $500.00

RESERVED RESOURCES

.......••....••.... :,} .'$pj;'QiA:frfl!ill.:Iti1:i¢:tIQi,jS< ...••.•.•..•.• " ' .• '" ..•...•• ,,', ~".'" ,~,'" ,',', 'C' ,,', "", ,,'" "'>',,'d

«.../. . .' ' .. '. .IilI!.;LING·· •..

AGENDA Subtotal: $1,140.00

7:00 AM Client AV Set Up (Expect early guest arrival)

Discount: -

8:00 AM Registration Opens/Continental Breakfast Tax 1: ,

12:00 PM Meeting Conclusion Tax 2: ,

Surcharge: $128.00

SET UP INFORMATION Gratuity: ,

Registration - 4-8' - Skirted Banquet tables; 2 Contract Total: $1,268,00 chairs each

Total Credits: 3 Additional skirted banquet tables; 2 chairs each -for materialsGuest Seating Adjusted Total: $1,268.00

*~*1 Classroom set (using strip tables)"'*"'*'" for 300 guests Front of Room 1 Skirted banquet table; 2 chairs for instructor

ATTACHMENT A

1 Podium (provided by INFOMART) 1 Mic into house sound system by Freeman AV 1 Skirted banquet table behind podium

1 4 top table; white linen for client's laptop and projector 1 9x12 projection screen provided by Freeman AV Miscellaneous 1 Skirted banquet table for self service water station with disposable cups and wastebasket (at back of room)

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Please review the EVENT CONTRACT carefully. Your signature verifies that the above information is correct.

A guarantee of the number of guests attending the event and any menu changes must be received no later than seventy-two (72) business hours in advance.

Client Signature and Date

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DALLAS COUNTY PURCHASING DEPARTMENT

October 18,2011

TO: Commissioners Court

FROM: Linda S. Boles, Purchasing Ag~)b SUBJECT: Render Finn Susceptible for Award Consideration/Contract Negotiations

RFP No. 2011-037-5428 Request for Proposals for Agenda Management Software System

Background By Court Order No. 2011-0787, the Commissioners Court authorized staff to proceed to Step 2 ofthe aforementioned RFP process with the highest rated finns (Granicus, Provox Systems and Sire Technology).

The purpose of this briefing is to recommend staff be pennitted to enter into contract negotiations with the firm deemed most qualified for award consideration.

Operational Impact

The intent of this contract is to enter into a contract with a qualified vendor for an off the shelf agenda management system to automate the process of preparing, posting and possibly recording the Commissioners COUli fonnal and briefing agendas/actions.

The rating criteria d an . ,omts asslgne d are as £; II o ows: Criteria Points

I Company Profile 20 II Cost 35

III Technical Approach and Timeline 30 IV M/WBE Participation 15

. Total 100

The proposals were evaluated and scored by representatives of the following County departments: County Clerk (2), Commissioners COUli (2), Budget and Evaluation and Infonnation Technology. The M/WBE Coordinator solely evaluated and scored the MIWBE Compliance Section.

Step Two ofthe RFP process consisted of: interviews/demonstrations, Best and Final Offers and contract compliance. Upon conclusion of Step Two, the evaluation committee renders Sire Technology as susceptible for award consideration and final contract negotiations.

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-7431 • Fax (214) 653-7449 [email protected]

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Contract negotiations will include but not be limited to: scope of services/pricing and contract terms. In accordance witb the RFP and Section 262.030 of the Texas Local Government Code, attached for the Court's confidential review is a copy of the committee's consolidated scores.

In the event the County cannot reach an agreement with the selected firm by negotiation ofa contract within thilty (30) days, the county may formally end negotiations by written notification to the firm. At the County's discretion, the County may than choose to enter into negotiations with the next most highly ranked firm and attempt to negotiate a contract with that firm. The process will continue until the County has successively negotiated a contract or rejects all proposals from award consideration.

Legal Impact In accordance with the RFP and Section 262.030 of the Texas Local Government Code, attached for the Court's confidential review is a copy ofthe committee's consolidated scores.

Recommendation Based on the evaluation committee's consolidated scores, staff recommends that the Commissioners Court render Sire Technology as the firm susceptible as the susceptible firm for award consideration and authorizes staff to proceed with entering into final contract negotiations with respect to RFP No. 2011-037-5428 Request for Proposals for an Agenda Management System.

Should the Court concur the aforementioned recommendation a Court Order will be scheduled for the next available Formal Agenda.

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DALLAS COUNTY OFFICE OF INFORMATION TECHNOLOGY

October 18, 2011

To: Commissioners Court

Through: Stanley Victrum, CIO

From: Rodney Christian, Assistant Chief IT Operations

Subject: Information Technology Services - Data Center Operations Organization

BACKGROUND

Staffing for the Dallas County Data Center is currently provided by QNet via contract through October 31, 2011. It is recommended that this support be continued.

The staffing makeup is as follows:

Data Center Operations (8 positions - QNet contractors) a) Operations Manager (1) b) Operations Supervisor (1) c) Senior Operator (3) d) Operator (2) e) Sr. Systems Programmer (1)

Legal reviewed the proposal in 2007 and suggested that it could be considered a professional services contract which could, at the Commissioners Court discretion, be excluded from the competitive process. The reason for this exclusion is based on the age of the IBM mainframe. The equipment has reached the age that IBM classifies it as "not supportable". The existing staff is familiar with the equipment and they know what is required to keep it running. Many components of the programming have been custom written by members of the existing staff which will require them to continue to provide support.

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Proposal

It is proposed that the staffing with QNet be continned under a new contract with a not-to-exceed amount of$811,000. The proposed contract term will be from November 1,2011 through October 31,2012.

IMPACT ON OPERATIONS

Data Center support will continue to be provided with the current staff. The least risk for continued operations of the environment is to contract with QNet - the current provider of these services. All of the individuals would be contracted for a 40 hour work week. This includes the Sr. Systems Programmer who will participate in the project effort to migrate from the mainframe computer.

STRATEGIC PLAN COMPLIANCE

The approval, purchase and implementation of the requested hardware and software is consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT

The contract has been provided to Legal for review.

FINANCIAL IMPACT

The cost for the contract is not to exceed the amount of $811,000.

M/WBE

QNet is a certified MWBE vendor.

RECOMMENDATION

~' re .. commended that the Dallas County Commissioners Court approve the contract with QNet for

Profe'ssional Services to provide Data Center staffing. I ) \

\ R,6mJended iy: >(" /,() \\oV~-

\ . Ro ney C· ri tian, Assistant Chief, IT Operations

DALLAS COUNTY PUBLIC WORKS

October 10, 2011

MEMORANDUM


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FROM: Alberta L. Blair, P.E., Director of Public Works

SUBJECT: SOQ #2011-053-5501 INDEFINITE DELIVERY, INDEFINITE QUANTITY CONSULTANT ENGINEERING CONTRACTS

BACKGROUND

Indefinite delivery, indefinite quantity (IDIQ) contracts have been working extremely well for Public Works engineering services, laboratory services, and subsurface utility engineering services for the last few years. The IDIQ contract has streamlined Public Works procedures and enhanced our project delivery system.

The general Indefinite Delivery, Indefinite Quantity (IDIQ) contract for Public Works consultant engineering services are required for the 5th and 6th call of Major Capital Improvement Projects.

With the snccess of the previous IDIQ contracts, Public Works desires to use the IDIQ type contract for general and MCIP project engineering services. Public Works utilized the Connty Two-Step Selection Process to select a group of firms for each Road and Bridge District to perform both the general miscellaneous types ofless complicated or shorter scope projects which arise from time to time, and engineering for major transportation projects as listed in the MCIP program.

Through the Purchasing Department, Statements for Qualifications were solicited for Engineering Services under RFQ No. 2011-053-5501 in accordance with the Dallas County ArchitecturallEngineers Procurement Policy. Fifty-four (54) Statements of Qualifications were received on April 18, 2011. The Qualifications were reviewed and ranked according to the elements set forth in County Policy and RFQ. Fifty-two (52) firms were interviewed by a selection committee consisting of a Purchasing Analyst, the MJWBE Officer, Senior Property Appraiser, Assistant Director of Engineering and Con~truction, Assistant Director of Program Management, Senior Project Manager, Project Manager and Transportation Planner.

Public Works researched the projected general IDIQ projects and MCIP type projects by district over the next three years. The firm selections were based on potential work in each district, firm qualifications in a district, firm subconsultants, and firm workload capacity. Once a firm was selected for IDIQ in a district, 'v'lorldoad capacity Vias considered accordingly_ Six (6) IDIQ firms were selected for each district based on proposed new district boundaries, pursuant to Court Order 2011-1439 dated August 23, 2011.

411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151

Commissioners Court October 10, 2011 Page Two

DISTRICT 1

ARS Engineers Atkins Civil Associates CP&Y HDR VRX

DISTRICT 2

Dal-Tech Engineering Freese & Nichols HNTB Huitt-Zollars Lina T. Ramey Nathan D. Maier

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DISTRICT 3 DISTRICT 4

AECOM AZB APM & Associates Criado Civil Consulting Group EmS Hayden Consultants Halff Associates Teague Nail & Perkins KimleyHom Urban Engineers Salcedo Group

Work orders for the IDIQ projects will be issued based on consultation between County and City staff to determine the most qualified firm for a particular project. Ifworkload capacity within a particular district has been reached or the need for certain services is required, a firm from another district may be determined to be most qualified. This will allow the flexibility of providing work to firms being under utilized in other areas.

The negotiated IDIQ contracts are now ready to be executed for Hayden Consultants, Salcedo Group, Dal-Tech Engineering, Lina T. Ramey, TeagueNall& Perkins, Criado, Civil Associates, Civil Consulting Group, Nathan D. Maier, CP&Y, EmS, HNTB, APM & Associates, Urban Engineers, ARS Engineers, Halff Associates, Freese & Nichols, and Huitt-Zollars. The remaining contracts will be executed at a later date when negotiated.

MIWBE INFORMATION

The MinoritylW omen Owned Business Enterprise Officer's report is attached.

FUNDING IMPACT

As with the other IDIQ contracts, each work order would be paid for from the department or project funds for which the work is done.

IMPACT ON SCHEDULE

Due to the expiration of the current general IDIQ contract and the need to start design on 5th call MCIP projects, contracts need to be executed as soon as possible. Additional work will come from the 6"' call MCIP projects scheduled to be determined in 2012. The IDIQ contracts will be for a period of one year with the County retaining the option to extend the contract tv"o additional years.

Commissioners Court October 10, 2011 Page Three


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The County and consultants will be working with various cities and other agencies on the IDIQIMCIP projects which is consistent with Vision 1: Dallas County is model interagency partner.

The County IDIQIMCIP projects will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDATION

Public Works recommends execution of Indefinite Delivery, Indefinite Quantity Consultant Engineering Contracts for Hayden Consultants, Salcedo Group, Da!-Tech Engineering, Lina T. Ramey, Teague Nall & Perkins, Criado, Civil Associates, Civil Consulting Group, Nathan D. Maier, CP&Y, EJES, HNTB, APM & Associates, Urban Engineers, ARS Engineers, Halff Associates, Freese & Nichols, and Huitt-Zollars.

RECOMMENDED BY:

;' . V lrec

air, P.E. of Public Works

ALB/JLMdlcC)(Y\

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DALLAS COUNTY CONSULTANT ENGINEERING SERVICES CONTRACT

This Contract is made and entered into as of the day of ___________ _ 2011, by and between Dallas County (hereinafter referred to as "County") acting by and through the Commissioners Court of Dallas County, Texas, and (hereinafter referred to as "Consultant") with offices located at ________ _ Texas

WITNESSETH:

WHEREAS, County intends to contract with a professional engineering firm for professional services hereinafter referred to as "Services", and

WHEREAS, pursuant to the Texas Government Code Chapter 2254, the County requested qualifications from professional Consultants willing to assist the County by providing engineering services; and

WHEREAS, County has determined that the services of professional Consultants are for the benefit of the County; and

WHEREAS, the County has detennined that Consultant is the highest qualified provider of Professional Engineering Services for project design and other miscellaneous purposes for the term of this Contract with all professional services to include work necessary to ensure that each Project will meet federal, state, and local laws and regulations; and,

WHEREAS, County and Consultant will agree upon the fair and reasonable negotiated price per unit of work to be accomplished in each Work Order; and,

WHEREAS, County has determined that the services of professional Consultants are for the benefit of the County; and

WHEREAS, Consultant has agreed to provide professional engineering services as provided herein and as may be mutually agreed in the future with regard to the Project.

NOW, THEREFORE, This Contract is made by and entered into by County and Consultant for the mutual consideration stated herein.

ARTICLE I. DEFINITIONS

A. Basic Services shall mean all professional engineering services and other professional services required for Phase r, Preliminary Engineering, and Phase II, Primary/Final Design Engineering. Such services shall include, but not be limited to, producing plan and profile sheets and othcr elements of design plan, drainage sheets, structure layouts, roadway cross sections with

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applicable standard details, estimated quantity sheets, right of way documents and other engineering services as more fully detailed in each work order.

B. Special Services shall mean those services not included in Basic Services and specifically listed in this Contract or Work Order, which are surveying services, surveying expenses, title research/abstracting, expert or witness preparation and testimony, preparation of exhibits and appearance at public meetings, traffic control plans, geotechnical soil analysis, fees and other costs such as American Disabilities Act requirements in plans by State of Texas, and blueprinting and other copying required in addition to the Basic Service requirements, as more fully described in each work order.

C. Preliminarv Deshw/ Preliminarv Engineering shall mean all professional engineering . services required to produce Phase I, Preliminruy Design/Preliminary Engineering, as more fully detailed in Article VI, Deliverables, and each work order. These include, but are not limited to mean all professional engineering services required to produce a right of way alignment study with recommendation of the most economical alignment, preliminary grade line and drainage requirements, preliminary right of way plans and documents, preliminary engineering study and report indicating clearly the potential problems and altemate solutions available. "Preliminary Design" and "Preliminary Engineering" are used interchangeably in this document and both have the same meaning.

D. Primary/Final Design shall mean all professional engineering services required to produce Phase II, Primary/Final Design and complete plans satisfactory for the construction of the Project. These include, but are not limited to mean all professional engineering services required to produce all right of way documents and plans, standard details, special specifications, contract documents, cross sections and special provisions. "Primruy Design" and "Final Design" are used interchangeably in this document aud both have the same meaning.

E. Cost shall mean total not to exceed amount paid for Basic Services and Special Services. County shall not be liable for any atnonnt, penalty or damage in excess ofthe Cost.

F. County shall mean the County of Dallas, State of Texas.

G. Commissioners Court shall mean the Dallas County Commissioners Court inclusive of the County Judge and the Commissioners of each of the four Road and Bridge Districts as elected by the people of the County of Dallas.

H. Consultant shall mean an engineering firm that is registered as a Texas Registered Professional Consultant in good standing or a Texas Licensed Engineer (P.E.) in good standing with the Texas Board of Professional Engineering.

I. Effective Date shall mean the date ofthe signature of the last person necessary for this Contract to become effective.

J. Project(S) shall mean the road improvement that has been included by the County in the Transportation Major Capital Improvement Program as approved by the County Commissioners Court, the City and any applicable Stakeholders.

K. Right Of Wav (Row) shall mean that real property, (either existing, or required in fee and/ or easement) identified by County, City, or other project Stakeholder as necessary for the construction of the Project. Such right-of-way shall include the existing street, road, drainage

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or other City or County real property ownership and all additional real propeliy to be utilized for the Project.

L. Supplemental Agreement shall mean an agreement subsequent to this document which is entered into after formal approval of Consultant and Commissioners Court to establish the contractual rights and responsibilities ofthe Consultant and County as it relates to the Project.

M. Director shall mean the Dallas County Director of Public Works.

ARTICLE II. TERM

A. This contract becomes effective when fully executed by both parties (hereinafter, the "Effective Date") and will terminate one year later, unless termination occurs as otherwise provided hereinafter. The Consultant will not begin work or incur Costs until authorized in writing by the County to proceed with the work, as more !lIlly set forth herein.

B. The County, in its sole discretion, shall have the right, but not the obligation, to renew this contract for two additional periods of one year each from the termination date provided that the Consultant shall agree in writing to continue such contract pursuant to the same conditions as contained herein.

ARTICLE III. SCOPE OF SERVICES

A. Consultant, as an Independent Contractor and Professional Consultant in its relationship with the County, covenants and agrees to perform all professional services required to complete the Scope of Services for the Project as detailed in the work order.

B. County will periodically inspect the procedures and work output of Consultant to ensure compliance with applicable standards and the telms of this Agreement. However, County assumes no liability for any failure of Consultant to comply with such standards or the terms of this Contract.

C. The Consultant shall confer with the County during the progress of the work on a regular basis. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the County in order to evaluate the progress of the work. The Consultant shall prepare and submit to the County progress reports (which shall include a schedule) in sufficient detail to show the percentages of work completed, to describe the progress of work and to support invoices.

D. The work tasks and activities to be performed and deliverables to be provided by the Consultant shall be in accordance with requirements contained in this Contract as well as the agreed upon work order that once entered into beoomes attached hereto and incorporated herein.

E. The Special Services listed in the Work Order shall be provided by Consultant. Said services shall not be rendered prior to written mutual agreement between Consultant and County as to the service to be rendered and the cost thereof. These Special Services are not included as a part of Basic Services and shall be paid for by the County in addition to payment for Basic Services as set forth in the Work Order.

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F. The scope of work includes the obligation of the Consultant to testify in administrative or judicial proceedings, as required, for the tenn of the contract and for a period of three years following completion of the last Work Order issued under the contract or completion of any litigation to non-appealable judgment.

G. All survey work shall be perfornled by the Consultant using Electronic Distance Meters and Electronic Data Collectors compatible with the County's similar equipment unless other methods and equipment are approved in advance by the County. All surveying equipment and transportation of survey personnel shall be furnished by the Consultant at its sole cost, expense and liability.

H. Consultant shall furnish all digital data to the County on compact disc (CD) medium to include digital data for the completed work and digital data generated thru the date of each individual invoice for progress payments. Photocopies (or originals) of all written work; e.g., field book sketches and other hard copy materials shall be transmitted to the County as generated. All digital data shall be generated using software which is 100 % compatible to that used by the County.

1. All structural design calculations shall be delivered to Dallas County with the design engineer's signature, date and professional engineer seal.

J. All pavement structural designs shall be completed using the most current design procedure promulgated by AASHTO for rigid and flexible pavements. Other design programs may be used if prior agreement is reached between County and the Consultant.

K. County may request Consultant to provide applicablc training to County staff on specific aspects of Good Engineering Practice and Methods. This shall be considered a "Special Service" as defined in Article I and County and Consultant may negotiate a reasonable and acceptable fee for these services.

ARTICLE IV. WORK ORDER(S)

A. Work perfonned by the County will be authorized by the County by written Work Order issued prior to work being performed, an example of which is attached hereto as Exhibit "A", Sample Work Order Fonn. Each such Work Order shall be incorporated into and made a part of this contract.

B. County will provide the requirements of each Project to Consultant in writing as numbered Work Order(s), with a minimum of forty-eight (48) business hours notice prior to the time work on each paIiicular project is to begin. Work Orders shall specify the targeted completion date and negotiated fee for the subject project.

C. Time is of the essence as to the completion date in each Work Order. Any Work Order issued during the effective tem1 of this contract and not completed within that period shall be completed by Consultant within the time specifIed in the Work Order, time being of the essence. This Contract shall survive the tennination date as to such orders and shall govern the County's and Consultant's rights and obligations with respect to that order to the same extent as if the order was completed during the teml of the Contract, specifically including all insurance

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and indemnitication provisions contain herein. Such continuation of the contract shall terminate when either the Dallas County Commissioners Court shall accept the project as substantially complete or written notice is given to Consultant by the Dallas County Director of Public Works that Consultant's services are no longer required under the Work Order, whichever shall first occur.

D. Each Work Order shall be prepared by the County and shall list the project and location of the work to be performed, a description of the work to be performed, any items to be furnished by the County, any special provision and a completion date for the work. Upon receipt of the proposed Work Order, the Consultant shall furnish to the County a schedule for the work, suggested personnel required for the timely completion of the work based on the Consultant's completion date, itemized projected Cost of the Work Order based on the negotiated rates as shown in said Work Order and a total, not-to-exceed Cost of the Work Order. The County may accept or reject, in whole or in part, such submission. In the event of rejection the parties agree to negotiate in good faith the Work Order items to reach agreement as to each item. Once agreement has been reached, the Work Order will be completed and signed by the Consultant. Such Work Order shall be signed by the Dallas County Public Works Department as recommended for approval. The Work Order will then be submitted to the Dallas County Commissioners Court for its consideration.

E. The Work Order is contingent upon and not effective until approved by the Dallas County Commissioners Court and notice to proceed has been issued by the Public Works Department. Upon approval of the Commissioners Court, the Work Order shall be executed and delivered to the County. Work Orders will be issued at the sole discretion of the County. There may be no Work Orders issued under this or auy subsequent contract. There is no limit on the number of Work Orders that may be issued. There is no guarantee of the issuance of any Work Order(s) or any amount of work under this contract.

F. Each Work Order is not effective and the Consultant shall not commence any work contained therein until and unless the Work Order has been approved by the Dallas County Commissioners Court and the County shall not be liable for, nor will it pay for any amount of work commenced prior to the approval of the Work Order by the Dallas County Commissioners.

G. If required in a specific Work Order, the Consultant shall prepare a right-of-way (ROW) alignment study where necessary to determine the most economical location of the ROW consistent with good engineering practices and submit maps showing the proposed location of street improvements, including existing ROW, curb lines, medians and driveways. Sufficient preliminary engineenng investigation and consideration must be given to the effect on adjacent properties (development), inclusive of all private or public facilities, due to the additional ROW as well as the proposed roadway improvements, including proposed curb grade,fill and cut slopes and/or retaining walls. All alignment stationing shall progress ti'om south to north or west to east. The maps shall contain sufficient detail for presentation to County officials and/or to the public and shall be on a 24" x 36" plan sheet with a scale at I" =

20'.

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H. If required in a specific Work Order, the Consultant shall prepare a preliminary engineering repmi and preliminary plans which together will describe and detail the refinement of any features in the Preliminary Schematics or ROW Alignment Study for the project in sufficient detail to indicate clearly the problems involved and the altemate solutions available to the County, including but not limited to the following:

a. Introduction, Project Description, Description of Existing Corridor, Project Scope.

b. Need for Project.

c. Traffic Analysis Objectives, Analytical Approach, No-Build altemative, No-Build Intersection Traffic, Design Criteria.

d. Horizontal and Vertical Alignment, Access Control, Right Of Way, Cultural Resources, Earthwork, Structures, Traffic Control and Construction Phases.

e. Environmental, Detailed Analysis of Alternatives which include at least two alternatives, an Evaluation of Alternatives and the Consultant Recommended Alternative as appropriate.

f. Archeological investigations if needed.

g. Typical sections proposed for project conditions. Preliminary plan and profile sheets showing the proposed geometric alignment of the roadway including driveways, median openings, left tum lanes, location of detour routes and all existing features. These plans shall include but not be limited to the following: the location with station and off-set distance or centerline tie of all fixed topography within the proposed right-of-way, including fences (type and height), trees, structures, utilities and other existing improvements, along with existing propeliy corners (i.e., iron pins), etc., plotted on 24" x 36" standard size sheets with a scale of not less than 1" = 20'.

h. Proposed roadway profile grades and elevations.

1. Preliminary drainage area map (minimum scale 1" = 200'). The preliminary drainage area map shall be adequate to clearly define basic drainage structures and ROW requirements.

J. Locations of existing utilities on paving plan and profile and drainage sheets. All existing utilities, including undergronnd utilities, shall be located in the field by subsurface utility engineering if necessary, and the Consultant shall ascertain from the utility companies any proposed improvements that will impact upon the project. Utility locations will be shown in plan and profile views of all phases of plans. All existing utility easements shall be located and shown on plans.

k. Cross sections as required to determine impact to adjacent property and estimated volumes of excavation and embankment (minimum 100-foot intervals).

l. Preliminary Suggested Construction Sequence plans.

m. In the event that a negotiated Work Order cannot be agreed upon, County shall furnish the Consultant a Work Order based 011 the County's last negotiated position. The Consultant must sign and rehlrn the Work Order(s) within seven days after receipt to signify acceptance. Refusal to negotiate a Work Order by rejection or failure to sign

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within seven (7) days shall telminate negotiatIOns regarding that Work Order with County and allow the County, in its sole discretion, to negotiate such project with the next most qualified consultant in compliance with Texas Government Code, Article 2254,004, If the Work Order is accepted by Consultant it will be submitted to the Dallas County Commissioners Court for its consideration,

n, Work Orders will be issued at the sole discretion of the County, There may be no Work Orders issued under this or any subsequent contract There is no limit, other than the total not-to-exceed amount as shown in Article V, Compensation, on the number of Work Orders that may be issued, There is no guarantee of the issuance of any Work Order(s) or any amount of work under this contract

0, Concurrent with the issuance of a Work Order by County, Consultant shall execute an affidavit certifYing that there has been no material change in the qualifications of the Consultant and Consultant remains as fully qualitied to perfonn the services as the date on which the County considered the response of Consultant to the Statement of Qualifications,

ARTICLE V. COMPENSATION

A, The consideration to be paid to Consultant for each Work Order shall be determined by negotiations and approved by the Commissioners Court, County shall not be liable for any cost or expense incurred by Consultaut in the perfonnance of this Contract other than as stated in the Work Order.

B, Nothing contained in Article IV Of any Work Order shall require the County to pay for any work that is unsatisfactory as detennined by the County, or which is not submitted in compliance with the tenns of this Contract The County shall not be required to make any payments to the Consultant when the Consultant is in default under this Contract, nor shall this Article or any other provision of this Contract or any Work Order constitute a waiver of any right, in law andlor in equity, which the County may have if the Consultant is in default, including the right to bring legal action for damages, Default shall include, but not be limited to, the failure to complete Consultant's work in accordance with the performance schedule and in accordance with the terms, conditions andlor requirements contained in this Contract, inclusive of any Work Order, or the Solicitation for Qualification,

C. DUling the perfonnance of the work required by this contract, the Consultant shall monitor the actual costs incurred against the estimated budget for each respective Work Order, The Consultant shall send the County written notification when the Cost incurred equals seventyfive percent (75%) of the not-to-exceed amount of any Work Order. Said notice shall advise the County as to whether the remaining balance is sufficient to complete the remainder ofthe work required by the Work Order. Should the balance not be sufficient, the Consultant shall submit an estimated budget and description of services required to complete the work required by the Work Order(s), The County shall have sale discretion to decide whether to approve additional funding for the work, reduce the scope of the Work Order, or any combination thereof

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D. Partial payments will be authorized by County's Director and the County Auditor on a percentage of actual work completed provided proper invoices with attached documentation, as required, are submitted. The County shall make progress payments no more often than monthly, based upon invoices for actual work performed for the period, provided that the work is progressing in accordance with the approved Project Schedule and Scope of Services, at an amount not to exceed 90% of the total approved Primary Design services fee. The remaining 10% shall be paid upon final acceptance by county of Primary Design Services. The form required for invoicing is displayed as Exhibit "B, Sample Invoice, incorporated herein.

E. The Consultant shall neither perform services nor incur Costs which would cause the amounts payable to the Consultant to exceed the maximum amount payable in each Work Order. The County shall not be liable for any cost nor make payments to the Consultant which would cause the amount paid to the Consultant to exceed said maximum amount payable.

F. The Consultant is authorized to submit periodic requests for payment within thirty days after Costs are incurred as authorized herein but no more frequently than monthly. The request for payment shall be made using forms acceptable to the County and shall show the total amount earned and paid to the date of submission with respect to the Work Order, and the amount due and payable on the current billing. All requests for payment shall be accompanied by time sheets indicating the hours for personnel and/or equipment which were actually used in performance of this contract and which support the request for payment. Progress payment requests shall be accompanied by digital files through the date of payment request in a form which can be checked as to manageability. Such requests for payment and time sheets shall be mailed to the address shown in Article XVI, Notices.

G. Consultant's invoices to County shall provide complete information and documentation to substantiate Consultant's charges and shall be in a form to be specified by Director. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by Director. Progress paymcnt requests shall be accompanied by digital files through the date of payment request in a form which can be checked as to manageability. Should additional backup material be requested by the Director, Consultant shall comply promptly with such request. In this regard, should the Director determine it necessary, Consultant shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to County for inspection and aUditing purposes.

H. No deduction shall be made from Consultant's compensation solely on account of penalty, liquidated damages, or other sums withheld from payments to Construction Contractor.

l. No addition shall be made to Consultant's compensation based upon construction contract claims, or delays in construction whether paid by County or denied.

J. County reserves the right to cotTect any error that may be discovered in any invoice that may have been paid to Consultant and to adjust the subsequent payments to meet the requirements of the Contract. Following approval of invoices by Director and approval by County Auditor, County will endeavor to pay Consultant promptly, i.e., within thirty days of COllnty approval of

......................•...•...•........•......•.. ~.......................................... ~~ ~.~.~.. .... .~ ..... ~ ....•.•. ~

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mVOlce. Under no circumstances shan Consultant be entitled to receive interest on amounts due.

ARTICLE VI. DELIVERABLES

A. Progress Schedule: Within fifteen days of receipt of the "Notice to Proceed" from the County, the Consultant shan submit for approval a breakdown of the major tasks of the Primary Design as a percent of the total phase. A design progress fom1 and bar chart shan be prepared on Microsoft Project Management Software (latest version) in an approved format and updated and submitted to the County once per month. The fonn and bar chart shall show progress including percentage complete of the various tasks and shan be the basis for determining partial payments to the consultant. The form and barchart must correspond to the design schedule set forth by Contract.

B. It is specifically understood and agreed that the Consultant shall not authorize nor undertake any work, which would require the payment of any fee, cost, expense or reimbursement in addition to the fee stipulated in this Contract, without having first obtained specific written authority therefore £i'om the County. The written authorization for additional work shall be in the form of a "Modification to the Scope of Services". Such modification shall clearly define the additional scope of services and the negotiated fee. The modification shall be approved by the Consultant and recommended by the Director. The Director may approve the modification in accordance with Article XXIII, Amendments. In the event that the total amount of the modification exceeds the amount the Director is authorized to approve, the Director shall submit such modification to the Commissioners Court for its consideration.

C. In addition to the delivery of paper/mylar copies as directed by County, the Consultant shan deliver requested work to the County in digital form which is electronically downloadable and able to be manipulated by County's computers. These files shall include all reference files, and cell libraries, and shall be created in compliance with TxDOT specifications in regard to level structure, line type, and line weight. Any corrupted files shall be replaced by Consultant at no additional cost to County. The Consultant shall provide all plats and maps to the County in digital files generated using Microstation brand computer aided drafting software, version 8, or the release currently used by County. In addition to these electronic files, hard copies shall be supplied in such other formats as instructed by the County herein. The Consultant shall provide County with an index file that lists the names and descriptions of all digital files that accompany any submittal.

D. Consnltant shall also conform to the following snrvey requirements:

a. Right Of Way All work perfonned under this category shall conform to the requirements of Dallas County Guidelines fOr Preparation of Right of Way Legal Descriptions, Parcel Plats, and Maps, dated February 2006 or latest version at Effective Date, except as otherwise provided herein or when such is inapplicable, in the sole opinion of the County. This work shall include, but not be limited to, on the ground observations and abstracting title records in sufficient depth to determine the present property owners of record, researching title records of municipalities. Consultant shall research the State of Texas, the County of Dallas Deed Records and the Dallas Central Appraisal District records to determine present property ownership, including easements, and propeliy line monumentation, if any.

b. Topographic All work performed under this category shall be such that the County can construct a digital map model of the area under consideration and shall include, but

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not be limited to, all access points and improvements on private properties and existing right of way and vertical and horizontal locations of all public and private utilities and sufficient research of public and private utility company records to determine existing topography shall be entered into an electronic data collector using the cUITent edition of Dallas County list of survey descriptor codes.

c. Construction All work performed under this category shall be as directed by the COUNTY and shall include, but not be limited to, staking centerline (CL) points, CL offset points, reference points, use of horizontal and vertical control points (bench marks) and other work normally required for construction of roads, strcets, culverts, storm sewers and bridges.

d. Boundary All work perfonned in this category shall be as directed by the County and shall inclnde, but not be limited to, preparation of plats and legal descriptions of lands to be bought or sold by the County.

e. Miscellaneous The Consultant shall perform miscellaneous survey work as indicated in this Contract or Work Order(s) to include but not be limited to staking and referencing routes and project alignments; locating and marking property comers or right of way lines; flagging proposed right of way tracts during acquisitiou negotiations; and installing and determining the adjusted elevation (NGVD 1927) following perfonnance of a bench mark loop.

f The Consultant shall provide all field work to the County in digital fOlm supplemented by such written data as is necessary to readily use the digital data (e.g., sketches of instrument set-up points used in radial data acquisition). In addition, all work delivered in digital form shall be accompanied by at least one printout or listing of files, with descriptive titles, or a plot of the data, as applicable. Such printouts or plats shall be constructed so as to demonstrate the usability of the digital files. Any cOITupted files shall be replaced by the Consultant at no additional cost to the County.

E. In the event that the Consultant's team materially changes, experiences a change in subconsultant, has a chauge of address or name, Consultant shall provide notice of said changes to County as SQon as practicable. Documentation supplied to County for Consultant's team shall remain as accurate as at time of proposal.

F. Consultant shall provide, at no expense to County, reasonable minor revisions to any phase, whether previously approved and accepted, as may be required to satisfy the scope of services established by this Contract or Work Order(s). Approval of any phase constitutes County's acceptance of the design presented. After acceptance of each phase of the Project, any revisions, additions, or modifications made at County's request which constitute a change in the Scope of Services shall be subject to additional compensation to Consultant as agreed upon by County.

ARTICLE VII. CONSULTANT'S SERVICES

A. Engineer's Seal. The Consultant shall place his or her Texas professional seal of endorsement on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract.

B. Partnering. The County shall encourage participation in a pmincring process that involves the

'I; ••••••••• ~ ~ " - .--•• ---.~""-" •• - ...... -. ,- .. -, ••• " ••• _ •• ," ••• _ ••• - ... -' <>

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county, consultant and his or her subconsultants, the Project's host City(ies), and other supporting jurisdictions andlor agencies, This partncring relationship shall begin at the Preliminary Design Charrettc and continue for the duration of this Contract By engaging in partnel~ng, the parties do not intend to and do not create a legal partnership, or additional contractual relationships, nor in any way alter the legal relationship which otherwise exists between the County and the Consultant The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals, The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation, Participation in partnering shall be totally voluntmy and all participants shall have equal status,

C. ,Personnel Qualifications. Consultant ~arrants to the County that all services provided by Consultant in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent mld qualified in their respective trades or professions, Further, Consultant agrees that any replacement of personnel on project temu shall be with the express written approval of County,

D, Quality Control. The Consultant agrees to maintain written quality control procedures, approved by County, If a situation mses which is not addressed by the written quality control procedures, Consultant shall utilize additional quality control procedures as appropriate and consistent with good engineering practices, Consultant's failure to put fOlih a good faith effort in quality control will be considered in the Consultant Evaluation, which may have an impact on future services,

E. Performance Evaluation Qf Design Consultants. Detailed in Exhibit "C", attached hereto and incorporated herein for all purposes, is the regular evaluation of performance of the Consultants in providing engineering services, Unsatisfactory evaluations may result in suspension from County design contracts for a designated period of time,

F, All plans and drawings will be prepared such that plans and drawings can be printed or plotted interchangeably between ll-inch by 17-inch plan sheets and 24-inch x 36-inch plan sheets, The Consultant shall produce plans and drawings at scales designed by County with all lettering processed in ink or pencil and clearly legible, The County reserves the right at any time to request submittal of plans and drawings on either II-inch by 17-inch or 24-inch x 36-inch plan sheets, The Consultant may submit plans and drawings on 24-inch x 36-inch drafting sheets only with prior approval by County, All drawings are to be produced in accordance with Article VI, Deliverables, of this Contract, and copies of electronic files will be provided to County after the completion or tennination of the project

G, All Consultant's designs and work product under this Contract including, but not limited to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other Documents, completed or partially completed, shall be the property of County to be used as County desires, without restriction, Copies may be retained by Consultant Consultant shall be liable to County for any loss or damage to such documents while they are in the possession of or while being worked upon by Consultant or anyone connected with Consultant, including agents, employees, consultants or subcontractors, All documents so lost or damaged shall be promptly replaced or restored by Consultant without cost to County,

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H. Upon completion of the construction of the Project, Consultant shall prepare, and within thiliy (30) calendar days following final inspection or written notice from the County, deliver to County the reproducible Record Drawings, Record Specifications, CAD, and word processing discs.

ARTICLE VIII. COUNTY'S RESPONSIBILITIES

A. County shall designate representatives authorized to act in its behalf. All submissions shall be to the County Assistant Director of Engineering and Construction or the Project Manager responsihle for the Project. Such Project Manager shall be responsible for transmission of the submission to the County Assistant Director of Engineering and Construction or Director. County shall examine documents submitted by Consultant and render decisions peliaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. Consultant shall fumish County full documentation of all services performed at each Primary Design milestone. Milestones shall be agreed between the paliies and documented as a part of the project schedule.

a. Four (4) weeks shall be adequate review time for all paliies. Failure to timely review any document shall not cause a damages for delay claim and Consultant's only remedy shail be an extension of time reasonable for performance. Submittals found to be incomplete shall not be counted against County's allclttcd time for review.

B. County shall assist Consultant with utility contacts and available County data, samples and standards.

C. Consultant shall be entitled to reasonably rely on the accuracy of the infonnation, repolis, and materials which County fumishes.

D. If County or Consultant obseryes or otherwise becomes aware of any fault or defect in the Project or construction of the Project, it shall give prompt written notice thereof to the other.

ARTICLE IX. CONSULTANT'S ACCOUNT RECORDS

Records of Consultant or Consultant expenses peliaining to services on the Project and records of account between Connty and Consultant shall be kept on a generally recognized accounting basis, shall be maintained in Dallas County for a minimum of four (4) years from the tennination date of this Contract and with full and immediate access allowed to authorized representatives of the County upon request for any purpose including, but not limited to, evaluating compliance with this and other provisions of this Contract or Work Order(s). County or its autllorized representative shall have the right to make copies of any and all documents, electronic files, books, backup documents, or other items either included in the records of account or suppoliing such records at County's cost.

ARTICLE X. INDEPENDENT CONTRACTOR

The Consultaut at all times shall be an independent contractor. The Consultant shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision ancI inspection to insure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the Consultant and the County by virtue of this Contract. No provision of this Contract

.... _._ ... _.~ ........ _ ...... 7)

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shall be for the benefit of any party other than the County and Consultant.

ARTICLE XI. TERMINATION, TIME OF THE ESSENCE

A. Termination: a. County Termination

a. If in the sole determination of County the Consultant has failed to comply with any of the terms, conditions, covenants, walTanties or provisions of this Contract, County shall give written notice of snch failure to Consultant. Consultant shall fully comply with all items within thirty (30) days of the date of such notice. In the event that Consultant shall, in the sole determination of County, fail to cure each and every item within the thirty (30) day period; County shall have the right to immediately terminate this Contract or any Work Order(s).

b. COUNTY may immediately terminate this Contract or any Work Order(s) due to insufficient funding.

c. COUNTY may terminate this Contract or any Work Order(s) without cause upon seven (7) days notice.

h. Consultant Termination a. If in the sole determination of Consultant the County has failed to comply with any of the terms, conditions, covenants, warranties or provisions of this Contract, the Consultant shall give written notice of such failure to County. In the event that County fails to cure each and every item within the thirty (30) day period, Consultant shall have the right to terminate this agreement upon thirty (30) days notice to the County.

B. In the event of termination by the County, Consultant shall cease all work upon receipt of notice of termination. Consultant shall invoice County for all work satisfactorily completed and shall be compensated in accordance with the telms of this Contract for all work accomplishcd prior to the receipt of notice of tennination. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections, all electronic information, and files in accordance with Article VI, Deliverables, of this Contract or Work Order(s), and other data, design and work related to the Project shall become the property of County in accordance with Article VILG upon the termination of this Contract or Work Order(s), and shall be promptly delivered to County in a reasonably organized form without restriction on future use. Should County subsequently contract with a new Consultant for continuation of services on the Project, Consultant shall cooperate in providing information and shall be released or saved harmless from any acts of negligence of others in use of said data.

C. If the termination of this Contract is dne to the failnre of the Consultant to fulfill its obligations:

D. The County may take over the Project and prosecute the work to completion by contract or otherwise. In such case, the Consultant shall be liable to the County for any additional cost the County may incur, and

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E. The cost to the County of employing another finn to complete the required work, the time required to do so and other factors which affect the value to the County of the work perfonned to the date of default may, at the sole discretion of the County, be offset against the amount of compensation, if any, to be paid to Consultant.

F. Nothing contained in this Article XI shall require County to pav for any work which is unsatisfactory as deternlined by Director or which is not submitted in compliance with the tenns of this Contract. County shall not be required to make any payments to Consultant when Consultant is in default under this Contract, nor shall this Article constitute a waiver of any right, in law or in equity, which County may have if Consultant is in default, including the right to bring legal action for damages. Default shall include, but not be limited to, the failure to complete Consultant's work in accordance with the performance schedule.

G. Time Of The Essence: Consultant understands and agrees that time is of the essence and that any failure ofthe Consultant to complete the Services of this Contract within the agreed Project schedule shall constitute material breach of this Contract. The Consultant shall be fully responsible for any delay or for failures to use diligent effort in accordance with the tenns of the Contract by consultant, its consultants or subconsultants, surveyors or other parties employed by Consultant. Where damage is caused to the County due. to the Consultant's failure to perform in these circumstances, the County may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of the County's additional legal rights or remedies. Neither the Consultant nor the County will be responsible for delays associated with review periods by the County and/or participating municipalities in excess of the agreed Project schedule.

H. At the termination of the Contract, Consultant shall furnish to County within ten (10) days of receipt of the notice of tennination a listing of any subconsultants, all project records pertaining to outstanding obligations, or other records or infonnation required by the Contract or requested in wliting by County in either printed or electronic fonnat or both. Consultant agrees to furnish such infonnation in an electronic fonn which is compatible with the County's computer system and/or the computer system of any subsequent vendor or contractor of County selected for continuation of the services. Consultant agrees to cooperate with any subsequent vendor or contractor of County and to use its best efforts to insure a transition of services without interruption or degradation of service. This provision will survive the tennination of this Contract and shall be a continuing obligation until the transition of services is complete. All items listed or required in this provision shall be furnished by Consultant to County withont additional cost or expense to County.

l. Neither County nor City shall be deemed in violation of this Contract if it is prevented from perfonning any of its obligations hereunder by reason for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge, or civil authority, an act of God, or any cause reasonable beyond the party's control and not attributable to its neglect, then in such event the time for the perfonnance of such obligations or duty shall be suspended until such disability to perfonn is removed which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be given within ten (l 0) days and all reasonable efforts undertaken to mitigate its effects.

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ARTICLE XII. SUSPENSION

A. Should the Couuty desire to suspeud the work but not tenninate the Contract, the County will issue a written order to stop work setting out the terms of the suspension. The Consultant will stop all work and cease to incur costs during the tenn of the suspension.

B. The Consultant will resume work when notified to do so by the County in a written authorization to proceed. Suspension of work does not automatically extend the date of perfonnance for the contract period. If additional time is required to complete the work because of the suspension, a mutually agreed contract amendment will be executed in accordance with Article XXIII, Amendments.

C. If Consultant is delayed by the County due to a suspension of work, or otherwise, the Consultant's sole and exclusive remedy for delay shall be the right to a time extension for completion ofthe Contract and not damages.

ARTICLE XIII. GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS: CONTRACT ADMINISTRATION

This Contract shall be administered on behalf of County by its Director, and Consultant shall fully comply with any and all instructions from said Director. The Director shall act as referee in all disputcs under the terms of this Contract between the parties hereto. The Director and the Consultant shall negotiate in good faith toward resolving such disputes. In the event the Director or the Consultant are unable to reach an acceptable resolution of disputes concerning the work to be perfornled under this Contract or any Work Order(s), the Director shall present unresolved disputes arising under the tenns of this Contract to the Commissioners Court. The decisions of the Commissioners Court as it pertains to unresolved disputes shall be final and binding. Violation or breach of contract ternlS by the Consultant may be grounds for tennination. Any additional or increased cost arising from the tennination shall be paid by the Consultant.

ARTICLE XIV. INDEMNIFICATION AND INSURANCE

A. Approval and acceptance of Consultant's work by the County shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their work; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the work prepared hy the Consultant, its employees, subcontractors, agents or consultants. In this regard, the Consultant shall defend, hold harmless and indemnify the County for damages resultiug from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient Professional Liabilitv or Errors and Omissions insurance in an amount of uot less thau One Million and 00/100 Dollars ($1,000,000.00) single limit with certificates of insurance evidencing such coverage to be provided to the County. Such certificates of insurance shall specifically name the County as a loss payee in full compliance with the terms and conditions as hereinafter set out.

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B. Consultant agrees to indemnify and hold harmless County, County Commissioners, County Judge, the County's elected officials, director, employees, agents and representatives, (hereinafter referred to as "Indemnities") against all claims, demands, actions, suits, losses, damages, liabilities, cost and/or expense of every kind and nature (including, but not limited to court cost, litigation expense and attorneys fees), paying same as they accrue, and all recoverable interest thereon, incurred by or sought to be imposed on Indemnities because of injury (including death) or damage to property (whether real, personal or inchoate), arising out of or occasioned by or caused by Consultant's negligent act, error, or omission of consultant, any agent, officer, director, representative, employee, consultant or subconsultant of consultant, and their respective officers, agents, employees, directors and representatives while iu the exercise of performance of the rights or duties under this Agreement of or in any way related (whether directly or indirectly, causally or otherwise) to: (1) the performance of, attempted performance of, or failure to perform, operation or work under this Contract by Consultant, its subcontractors and/or any other person or entity, other than County; (2) the condition of the real property, including any improvements, on which said operations or work are being performed; (3) the selection, provision, use or failnre to use, by any person or entity, of any tools, supplies, materials, equipment or vehicles (whether owned or supplied by Consultant, 01' any other person or entity excluding county) in connection with said work or operations; or (4) the presence on County real property, including any improvements located thereon, of Consultant, its subcontractors, employees, suppliers, vendors or any other person acting on behalf of Consultant. This indemnification shall apply, whether or not any such injury or damage has been brought on any theory of liability, including negligence, intentional wrong doing, strict product liability or breach of non-delegable duty. Consultant further agrees to defend at its sole cost and expense (at the election of any Indemnitee) against any claim, demand, action or suit for which indemnificatioll is provided hereunder, paying all costs as they may accrue.

a. The indemnity provided for in this paragraph shall uot apply to any liability resulting from the negligence of County, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT CONSULTANT AND COUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO COUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

C. Without in any way limiting or restricting the indemnification and defense agreement stated above, Consultant agrees that it is the intention of the parties hereto that Consultant and its insurers bear the entire risk of loss or injury to auy of Consultant's employees, "borrowed servants", agents, representatives, subcontractors, vcndors, material men, or any other person prcsent on the premises or performing any other act or service on Consultant's behalf or at its request, without seeking any contribution therefor from any indemnitee or its insurers.

D, Insurance. The Consultant, at Consultant's sole cost, shall additionally purchase and maintain in force the following minimum insurance coverage during the tenn of this Contract. Such insurance shall be in the amounts and in full compliance with the following telms and conditions:

/fj

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a. Within ten (10) days after the Effective Date of this Contact, County requires and Consultant agrees that the following insurance coverage will be met and in effect for the life of the awarded Contract and any renewal or extension, prior to any delivery of any service and/or performance of work. All policies shall be issued by an insurance company acceptable to County and authorized to do business in the State of Texas, having a rating of A- or better by A.M.Best Co. Consultant will submit verification of coverage to the Dallas County Public Works Department, showing Dallas County as the certificate holder, within ten (10) days after the Effective Date of this Contact and prior to and as a condition precedent to the commencement of any work or delivery. Dallas County will neither be responsible for nor authorize payments for services rendered without having the applicable certificates on file. All insurance cost including any deductihles, which shall not exceed ten percent (10%) of the coverage shall be paid' in full by Consultant without cost to or contributions from Dallas County. The following minimum insurance coverage is required:

a. Workers' Compensation Insnrance in the amount and in compliance with the provisions as provided for by Texas Law as established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code for all of his employees assigned to operate or work under this Contract. In the event the Consultant elects to sublet any work, Consultant shall require subcontractors to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are afforded protection by the Consultant.

a) This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from the County.

b. Comprehensive General Liability Insurance, including Contractual Liability -Commercial General Liability Insurance coverage shall carry limits of One Million and 001100 Dollars ($1,000,000.00) for bodily injury and property damage per occurrence with a general aggregate of One Million and 00/100 Dollars ($1,000,000.00), and a products and completed operations aggregate of One Million and 0011 00 Dollars ($1,000,000.00). There shall not be any policy exclusion or limitations for contractual liability covering the Contractor's obligations herein; personal injury/advertising liability; medical payments; fire damage, legal liability; broad form property damage, and/or liability for independent contractors.

c. Comprehensive Automobile Liability - Comprehensive Auto Liability insurance covering all owned, hired and non-owned vehicles nsed in connection with the work perfonned under the Contract with .limits of liability not less than Five Hundred Thousand and 00/100 Dollars ($500,000.00) each person and One Million Five Hundred Thousand and 001100 Dollars ($1,500,000.00) each accident for bodily injury and Five Hundred Thousand and 0011 00 Dollars ($500,000.00) each OCCUlTence for property damage for a combined single limit for bodily injury and property damage liability of not less than Two Million and 0011 00 Dollars ($2,000,000.00).

d. Professional Liability - Insnrance Requirements - Consultant shall indemnify County for damages resulting from defects, elTors or omissions and shall secure, pay for and maintain in force during the term of the Contract and thereafter for an additional five (5) years from date the project is accepted as complete by the Commissioners

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Court, sufficient errors and omissions insurance in an amount of not less than One Million and 0011 00 Dollars ($1,000,000.00) single limit, with certificates evidencing such coverage.

b. Consultant agrees that, with respect to the above referenced insurance, all insurance contracts will contain following required provisions:

a. Name Dallas County and its officers, employees and elected representatives as additional insured(s) (as thc interest of each insured may appear) as to all applicable coverage.

b. Provide for thirty (30) days notice to the County for cancellation, non-renewal or material change which notice must be accompanied by a replacement Certificate of Insurance to maintain uninterrupted coverage.

c. Provide for an endorsement that the "other insurance" Clause shall not apply to Dallas County where County is an additional insured on the policy.

d. Provide for notice to the Connty at the address shown below by registered mail.

e. Consultant agrees to waive subrogation against Dallas County, its officers and employees for injudes, including death, property damage or any other loss.

f. All Insurance Coverage shall be on an occurrence basis unless specifically approved in writing and executed by the County's Director and Risk Manager.

c. In addition to any other remedies County may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, County shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. A stop work order given to Consultant by County in accordance with this Aliicle shall not constitute a Suspension of Work.

d. It is agreed that Consultant's insurance shall be deemed primary with respect to any insurance or self insurance carried by County for liability arising out of operations under this Contract. e. Consultant shall advise County in writing within 24 hours of any claim or demand against County or Consultant known to Consultant relatcd to or arising out of Consultant's activities under this Agreement. f. The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. g. Approval, disapproval or failure to act by the County regarding any insurance supplied by Consultant shall not relieve Consnltant of full responsibility or liability for damages and accidents as set fOlih herein. Neither shall bankruptcy, insolvency or denial ofliability by any insurance company exonerate the consultant jl'om liability.

h. Acceptance of the final plans by County shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by County for any defect in the designs, working drawings, specifications or other documents and work prepared by said Consultant, its employees, subcontractors, and agents.

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i. Standard of Care: Services provided by Consultant under this Contract will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

j. Nothing herein contained shall he construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this Contract.

ARTICLE XV. NONDISCRIMINATION

As a condition of this Contract, Consultant will take all necessary action to insure that, in connection with any work under this Contract, it will not discriminate. in the treatment .or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements.

ARTICLE XVI. ENFORCEMENT, VENUE, GOVERNING LAWS AND NOTICES

A. This Contract shall be enforceable in Dallas County, Texas, and iflegal action is necessary by either Party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Dallas County, Texas. Notwithstanding any provisions contained in this agreement and any supplemental amendment to the contrary, this Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas and is expressly subject to Dallas County's Sovereign Immunity and Title 5 of the Texas Practice and Civil Remedies Code.

B. All notices and correspondence to County by Consultaut shall be mailed or delivered as follows:

County of Dallas Alberta L. Blair, P .E. Director of Public Works Administration Building 411 Elm Street, 4th floor Dallas, Texas 75202

C. All notices aud correspondence from County to Consultant shall be mailed or delivered as follows:

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ARTICLE XVII. FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY

A. Consultant covenants and represents that Consultant. its officers, employees, agents, consultants, and subcontractors will have no financial interest, direct or indirect, in the pnrchase or sale of any product, materials or eqnipment that will be recommended or required for the construction of the Project.

B. Consultant understands that no officer or emplovee of County shall have any financial interest, direct or indirect, in any contract with County, or be financially interested, directly or indirectly, in the sale to County of any land, materials, supplies, or services, except on behalf of County as an officer or employee. Any violation of this prohibition, with the express knowledge of the person or corporation contracting with County shall render the contract involved voidable by the Commissioners Court.

C. Consultant's reports, evaluations, designs, drawings, data and all other documentation and work developed by CONSULTANT hereunder shall not be disclosed to any third parties without the prior written approval of Director.

ARTICLE XVIII. REPORT

A. The Consultant shall promptly advise the County in writing of events which may have significant impact upon the Contract, including but not limited to:

a. Problems, delays or adverse conditions which will materially affect the ability to meet time schedules or goals or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of any action taken, or contemplated, and any County assistance needed to resolve the situation.

b. Favorable developments or events which enable the Consultant to meet time schedules and goals sooner than anticipated or to produce more work units than originally projected.

B. The Consultant shall coordinate all work with the Director of the Department of Public Works or with such other person as may be designated by him in writing.

C. The Consnltant shall report progress on work undertaken to the designated Dallas County point-of-contact at not greater than monthly intervals.

ARTICLE XIX. CONSULTANT RESOURCES

The Consultant warrants that the Consultant and each subconsultant, specifically including, but not limited to surveyors, has adequate qualified personnel in its employment and all required transpOliation, equipment, materials, supplies and any and all other goods and services for performance of services required under this Contract, or will be able to obtain such personnel, transportation, equipment, materials, supplies and any and all other goods and services from sources other than the County. Unless otherwise specified, the Consultant for the compensation received shall furnish all

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personnel, transportation, equipment, materials, supplies and any and all other goods aud services required to perform the work authorized herein at its sole cost and expense. All employees of the Consultant or of any subcontractor shall have all required licenses, knowledge and experience as will enable them to perform the duties assigned to them. Consultant contracts and agrees that any employee of the Consultant or any subcontractor who, in the opinion of the County, is incompetent or whose conduct becomes detrimental to the work or whose conduct reflects adversely on the County shall immediately be removed from association with the project.

ARTICLE XX. SUBCONTRACTS

A. ,The Consultant shall not subcontract sells, assign, pledge, or otherwise transfer any portion of the work authorized by the County without prior approval in writing by tlle'County. Any attempt to sign, transfer, pledge, conveyor otherwise dispose of any part of or <!II of Consultant's rights, title, interests or duties under this agrcement without the written approval of County is void and shall confer no rights upon any third party. Violation of this provision shall coustitute a material breach of this agreement and may be grounds for termination at the sole discretion of County. Under no circumstances shall the Consultant subcontract more than fifty percent (50%) of this Contract.

B. Subcontractors shall complv with the provisions of this Contract. No subcontract will relieve the CONSULT ANT of its responsibility nnder this Contract.

ARTICLE XXI. SUCCESSORS AND ASSIGNS

The County and the Consultant each binds itself, its successors, executors, administrators, assigus and subcontractors in respect to all covenants of this Contract.

ARTICLE XXII. INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE

A. The following documents are incorporated herein as if reproduced herein word for word: a. Consultant's submission of the Minority/Women Specifications for SOQ's.

b. Dallas County Unified Policy for Selection of Architect/Engineers as set forth In

Commissioners Court Order No. 92-393.

c. NOlih Central Texas Council of Governments Specifications, latest edition.

d. The Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2004 edition or latcst version at Effective Date.

e. The Texas Manual on Unifonn Traffic Control Devices, latest version at Effective Date.

f. The Dallas Couuty Design Manual, latest version at Effective Date.

g. The Dallas County Guidelines for Preparation of R.O.W. Legal Descriptions, Parcel Plats. and Maps, dated February 2006 or latest version at Effective Date.

h. Standards, Specifications, Codes, Ordinances, Regulations of City or Cities in which the project is located.

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B. In the event of any inconsistency between the provisions of this agreement, the inconsistency shall be resolved by giving precedence in the following order: (1) the Work Ordcr(s) (2) this Contract; (3) the documents listed in Aliicle XXI (4) the RFQ and (4) Consultants response to RFQ, inclusive of all data and documentation as furnished.

ARTICLE XXIII. AMENDMENTS

A. Modification - The Consultant or the County may initiate a written request for a Contract or Work Order (s) Modification when, in the opinion of the requesting party, the needs and conditions of the project WalTant a modification. Upon receipt of a request by either party, the Consnltant and the County shall review the conditions associated with the request and detennine the necessity of a modification. When both pmies agree that a modification is' warranted the Consultant and the County shall negotiate the specific modification(s) and any changes in the Cost, total not-to-exceed amount for the contract, unit prices for any item not previously agreed upon or completion dates resulting from the modification.

B. Fee/Time Increases - Any other provision of this Contract notwithstanding, it is specifically understood and agreed that the Consultant shall not be authorized to undertake any services pursuant to this Contract or Work Order(s), or any modification to the Contract or amendment hereto requiring the payment of any amount in excess of Cost stipulated in Article V, Compensation, or extension of time of completion without first obtaining specific authorization from the County in the form of a formal order of the Dallas County Commissioners Court authorizing a Modification and a written authorization to proceed from the Dallas County Department of Public Works.

C. Approval of a modit1cation shall be in the form of a written modification which clearly defines the changes to the previously approved provision(s) of this Contract. Said written modification shall be considered approved upon satisfaction of these conditions: (1) approval by the Consultant, (2) authorization by the Dallas County Commissioners Court by a formal order except as provided in Section D of this Article, and (3) issuance of a written notice to proceed by the Dallas County Department of Public Works.

D. The Department of Public Works mav issue a written modit1catioll without prior approval of the Commissioners Court to extend the maximum completion date, not to exceed ten (10) days and when the modit1catiolls are to be accomplished within the previously authorized total not-to-exceed amount of the Contract and within an amount not more than $50,000.00 above the previously approved amount, and when the modit1catiolls do not materially or substantively alter the overall scope of the project or the services provided by the Consultant.

ARTICLE XXIV. COMPLIANCE WITH LAWS

The Consultant shall be familiar with aud at all times shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations, non-discrimination laws and regulations, and safety

38

regulations, When required, the Consultant shall furnish the County satisfactory proof of compliance therewith,

ARTICLE XXV. NON-COLLUSION

The Consultant warrants that it has not employed or retained any company or persons, other than bona fide employees working solely for the Consultant, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the County shall have the right to annul this Contract without liability or to deduct, at its discretion, from the Contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee,

ARTICLE XXVI. SIGNATORY WARRANTY

The undersigned signatory for the Consultant hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the finn and that the execution thereof is the act of the Consultant and has been delivered and, subsequent to execution by County, constitutes a legal, valid and binding obligation of the Consultant, its snccessors and assigns and shall inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assIgns,

ARTICLE XXVII. MISCELLANEOUS GENERAL PROVISIONS

A, Entire Agreement. This Contract, inclnding all exhibits and addendum, constitutes the entire agreement between the parties hereto and may not be modified except by an instmment in writing executed by the parties as herein provided,

B. Severability. If any provision of this Contract shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

C. Defanlt/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Contract does not.preclnde pursuit of other remedies in this Contract or provided by law. CONSULT ANT shall have a duty to mitigate damages,

D. Federal or State of Texas Funding, In the event that any Project or part thereof is funded by State of Texas or U. S. Government federal funding and any statute, mle, regulation, grant, contract provision or other State of Texas or U,S. Government law, rule, regnlation or other provision imposes additional or greater requirement(s) than stated herein, Consultant agrees to timely comply therewith without additional cost or expense to County.

E, Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Contract and shall not be deemed to affect the interpretation or construction of snch provision.

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F, Number and Gender. Words of any gender used in this Contract shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa. unless the text clearly requires otherwise,

G, Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

H. Funding. Notwithstanding any provisions contained herein, this Contract is expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the agreement and any extension thereto, Consultant shall have no right of action against County in the event that County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding or if funds become unavailable, County, at its sole discretion, may, provide funds from a separate source or terminate this Contract.

1. Minority and Women Business Enterprise. The Consultant agrees to comply with the provisions of Exhibit "A" "Minority/Women Business Specifications" for the RFQ as filed with Dallas County Minority/Women Business Enterprise office in response to RFQ Number -:c---.,--' Said response is fully incorporated herein for all purposes as if reproduced word for word. An example of the form is displayed as Exhibit "D", Dallas County MBE/WBE Payment Report, incorporated herein for all purposes as if reproduced word for word, shall be submitted with every invoice for payment.

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IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be signed by

its County Judge, duly authorized to execute the same in its behalf by Court Order No. _____ _

approved by the Commissioners Court on __________________ , 20 __ , and

______________ . signing by and through its duly authorized representative,

thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full

perfonnance of the terms and provisions ofthis Contract.

DALLAS COUNTY

ATTEST:

Clay Lewis Jenkins Dallas County Judge

Approved as to Fonn:

*Gordon R. Hikel, Chief, Civil Division Assistant District Attorney

ATTEST:

Title

Corporate Seal

*By law, the District Attorneys' Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) .

............ .............. _.)5

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EXHffiIT "A"

NAMEOFFJRM

WORK ORDER NO. __

ROAD AND BRIDGE DISTRICT ENGINEERING SERVICES CONTRACT (INDEFINITE DELIVERY, INDEFINITE QUANTITY)

Work Order Number ____ , Project Number ______ , Date: _____ _

Pursuant to Conunissioners Court Order Number , the contract for Engineering Services (Indefinite Delivery, Indefinite Quantity) duted , between Dallas County and , (the Consultant).

r. CONSULTANT agrees to complete the work in compliance with the work order and contract for Engineering Services for the Project # from to as described in the attached Scope of Services.

II. Maximum amount of this Work Order shall not exceed $ ________ unless amended per contract specifications .. Funds are to be expended from:

MCIP Fund 196, Project 8201

III. Dallas County point of contact: __________________ _ Email: ----------------------------

ACCEPTED BY THE CONSULTANT:

By: _________ _

RECOMMENDED BY:

Name Project Manager

Alberta L. Blair, P.E. Director of Public Works

APPROVED BY:

Clay Lewis Jenkins County Judge

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EXHIBIT "B"

SAMPLE INVOICE

ON FIRM'S LETTERHEAD

ROAD NAME AND LIMITS DATE OF INVOICE COUNTY PROJECT NUMBER INVOICE NUMBER COUNTY COURT ORDER NO. (AUTHORIZING CONTRACT) DATE OF COURT ORDER ORIGINAL CONTRACT AMOUNT NUMBER AND AMOUNT OF TOTAL CONTRACT AMOUNT AMENDMENTS BASIC ENGINEERING SERVICES FEE SPECIAL SERVICES FEES (AS ITEMIZED IN CONTRACT) TOTAL INVOICE AMOUNT PREVIOUS PAYMENTS

AMOUNT DUE The undersigned certifies that the amonnt due represents payment for actual work performed, delivered to COUNTY, and accepted by COUNTY as satisfactory which has not previously been paid.

SIGNATURE OF PROJECT MANAGER OR PRINCIPAL

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EXHffiIT "C"

DALLAS COUNTY PERFORMANCE EVALUATION

OF DESIGN CONSULTANTS

I on

Contract No.: Type of Contract: Design __ -;:--:-__ -'; Engineering Services Project No.: Other: __________ -_-_-_-_-_-_-_-_-_--. Dallas County Project Engineer: ___________ _

o--;---;------;c:---:--:-;:~c-;------------;::;__:___,_;__-----Type of Evaluation: Interim ( _____ % complete); Final _________ ; Tennination, _______ _

,----;0;7,;-;~~ .. "" .. ';;_ .. ;;'; .... ;;;;"':;;"~" ''''''''''~' ~~~;;----,----y;;==~;;;;;_;;:_;;_;'=_:_==--NAME & ADDRESS OF CONSULTANT PROJECT TITLE & WCATION

DESCRIPTION OF PROJECT Name, Address & Phone No. of Office responsible for:

SELECTION OF DESIGN CONSULTANT ADMINISTRATION OF DESIGN CONTRACT

CONTRACT DATA

T lype 0 f C t t F' F' d P . on rae : Inn Ixe nee , Oth er PROJECT COMPLEXITY Initial Fee Contract Modifications Total Fee Difficult __ : Routine __ No. Amonnt

PROJECT TYPE: Reason for Modification (s):

._- - "

Award Date. Negotiated CompletIOn Date or No. of Days (mcludmg extenSIOns) Date: No. of Days: ;:-_ __,_-:----;,----Actual Completion Date or No. of Days (including extensions) Date: No. of Days:

Consultants Liability: None _____ , Undetermined _______ ; Pending ______ ; Settlement

OVERALL EV ALUT AION:

Excellent ___ ; Above Average ___ ; Average _____ ; Below Average ____ ; Poor ___ _

RECOMMENDED FOR FUTURE CONTRACTS?

Yes ____ ; Conditionally _____ ; No ___ . (explain Conditionally or No in remarks)

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200

Name, Title and Office of Evaluator Name, Title and Office of Reviewer

Phone No. Phone No.

Signatnre: Date: . Signatnre: Date:

.

Distribution:

Remarks:

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3 of] PERFORMANCE ELEMENTS

DESIGN SERVICES

DISCIPLINES N/A OUTSTANDING SATISFACTORY UNSATISFACTORY

Architectural

Structural Engineering

Civil Engineering

Mechanical Engineering

Electrical (ControlslInstrumentation)

Fire Protection

Survey and Mapping

Cost Estimating

Value Engineering

Enviromuental Engineering

Geotechnical Engineering

Master Plarning

Studies

Construction Management

HydrologylHydraulics

Chemical Engineering

Geology

ATTRIBUTES

Work Plan Utilization

Thoroughness of site investigation

Quality Control Procedures/Execution

Plans/specs accurate, coordinated, clear, & detailed sufficiently

Subcontracting plan, including M/WBE compliance

Drawings reflect true conditions

Suitability of design or study results

Cost Control

Design constructability

Timeliness & quality of submittals .

Timeliness of answers to design Questions Cooperativeness & responsiveness

Quality of briefing & presentations --

Adherence to schedules

Solution environmentally suitable I . __

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DALLAS COUNTY PERFORMANCE EVALUATION

OF DESIGN CONSULTANTS

Instructions for completing those portions of the form not considered self explanatory.

Type of Evaluation - An "Interim" evaluation should be given to notify the Consultant when performance is unsatisfactory.

Type of Contract - Check "Design" if services are for design of construction. Check "Engineering Services" if services are not directly related to construction.

Name, Address and Phone Number of Consultant

Give primary action office information. Also give home office information if they become involved.

Name, Address and Phone Number of Office Responsible for-

Initial Fee,

In most instances this will be: Engineering and Construction Division Department of Public Works Dallas County 411 Elm Street Dallas, Texas 75202 Telephone (214)653-7151

The initial fee should include the basic contract amount plus any options awarded before the time of evaluation. Do not include contract or tasks order modifications in this initial fee amount.

Contract Modifications -

Include all additional work not negotiated at the time of contract or task order award.

Negotiated/Actual Contract -Completion Date (Or Number ofDays)-

Report either the completion date or number of days, not both, and include extensions. Number of days is the total period negotiated for performance of the work and does not include County's review time, County-caused delays, or planned design stop periods.

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Consultant's Liability-

Overall Rating -

Indicate status ofliability at time of completing the form. Check "NONE" if there are no known deficiencies, or ifthere are and a decision has been made not to take action. Check "UNDETERMINED" ifthere are deficiencies, and a determination on liability has not been made. Discuss in the remarks. Check "PENDING" if it has been determined that action will be taken to recover damages from the Consultant and enter the amount of damages. Check "SETTLEMENT" if a liability case (s) against the Consultant has been settled and enter amount recovered. "UNDETERMINED", "PENDING", and "SETTLEMENT" may be concurrently marked.

The overall rating shall be determined through an assessment of ratings of the performance elements and any other significant factors not covered by the performance elements. There is no fixed mathematical formula to relate the ratings of performance elements to the overall rating, but there must be consistency. If an overall rating other than "average" is only supported by one or two unsatisfactory/ outstanding element ratings, address the importance attributed to these elements in the Remarks. Other apparent inconsistencies, such as a majority of outstanding elemental ratings but an average overall rating, must be explained in the Remarks also.

Name, Title and Office of Reviewer -

Project Engineers in the Engineering and Construction Division or the Senior Design EngineerlManager of the Civil Design Section.

Name, Title and Office of Reviewer -

REMARKS

The Director of Public Works or either of the Assistant Directors for Engineering! Construction or Transportation/Planning.

General. The comments should be tailored to be of maximum usefulness to selection boards considering this Consulting firm for further work, and to the administrators of contracts with this firm in the future. If the effectiveness of the firm's project management is not adequately covered by the performance elements, add comments as needed. Include any comments by the Consulting firm in response to a "below average" or "poor" evaluation.

M/WBE. Support of the MinoritylWomen Business Enterprise Program, including subcontracting performance, is an essential element in determining responsibility for future acquisitions. Evaluate the firm's overall support of those business objectives. Evaluate the firm's compliance with the subcontracting plan (if applicable), including timeliness of subcontracting reports.

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EVALUATION OF DALLAS COUNTY

BY CONSULTING FIRM:

DESIGN CONTRACT NO: PROJECT NAME: DALLAS CO. ENGINEER: __________ __ PROJECT NO.:

PROJECT LIMIT=S=-:------------------

-

ATTRIBUTES OUTSTANDING SATISFACTORY NEEDS IMPROVEMENT

Good Coordination willi Consultant

Timely Review & Provision of Comments on Deliverables

Reasonable willi Design Changes

Meetings Conducted Professionally and on time

Timely Processing of Invoices

No unreasonable Demands Made on Consultant's Time

Willingness to Listen to Consultant's Ideas

Clear Defmition of Scope of Services

Deadlines are reasonable .

Specifications/design criteria are clear/understandable

Supplemental agreements handled fairly and on time

Consistency of design connnents for each review

Resolution of conflicting review comments

Fees are commensurate with effort of work requested

REMARKS:

EXHlBIT"D" 6. DALLAS COUNTYMBEIWBE PAYMENT REPORT

Project Number. Project Title Invoice # Work Order Date Job#

Prime1Ge'oeral Contractor: ____ '--______________________ ~ ______ _

List each MBEIWBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization.

Name of I~BEIWBE Planned Amount Planned % Amount of invoice Amt Paid to Date % to Date

Nole: This form must be compleled and submilted with each payment request.

Any (significant) deviation from planned should include attached explanation =======================================================================================================================================================:

The information lis ted above is certified to be correct: Reviewed by:

Printed Name of OhficerJOirector Signature of OfficerJDirector Date Dallas County Project Manager Date

~ CD

50

DALLAS COUNTY COMMISSIONERS COURT Minority Business Office

MEMORANDUM

DATE:

TO:

FROM:

May 24, 2011

maria Torres, S7nior Buyer VJohn Mears, P. E.

Leme T. Crawford (lJ2 Minority Business Officer

SUBJECT: M/WBE Review ofRFP for "2011-053-550 1, Statements of Qualifications for Engineering Services for Indefinite Delivery Indefinite Quantity"

The M/WBE evaluations on the subject proposal are as follows:

Adams Engineering fNon-MIWBE Prime) The proposer reports that they will perform the entire project in~house without the use of any certified M/WIDBE subcontractors.

Points 0 Non-certified MIWBE Prime o J

Utilization of certified MlWBE subconsultants EEO Policy Compliance

Total 3 *

Aecom Technical Services, Inc. (Non~MlWBE Prime) The firm reports that they will perform the !"cquired duties with existing staff, as well as with the following certified firms:

MfWBE Firms Amount iJ./1)

Walker Consultants (WF) TBD 5% Con-Real Support (BM) TBD 3% Lina T. Ramey & Associates (AIF) TBD 3% Mas-Tek Eng. & Associates (BF) TBD 5% Nathan D: Maier Consulting (WF) TBD 10% Technical Associates Svcs. (BM) TBD 9% Points 0 Non-certified WWBE Prime

6 Utilization of certified MIWBE subconsu!tants J EEO Policy Compliance

Total 9

APIA Engineering Consulting (Non-MlWBE Prime) The fum reports that they will perfonn the required duties with existing staff, as well as with the foilowing certified firms:

MIWBE Firms Amount Lina 1. Ramey & Associates (AIF) TBD UrbanEngineers Group (HF) TBD LCA Environmental (WF) TBD HVJ Associates, Inc. (BM) TBD Puints ·0 Non-certified MIWBE Prime

TBD TBD TBD TBD

6 Utilization of certified M!WBE snbconsuitants 2. EEO PoIicy Compliance

Total 9 ••

509 Main Street, Room 613, Dallas, Texas 75202 (214) 653-6018-ofc (214) 653-7449-fax

51

APM & A<sociates (BM Prime) The firm reports that they will perform the required duties. with existing staff, as well as with the follmving certified fll111s;

MIWBE Firms ARS Engineers, Inc. (AIM) BDS Technologies, Inc. (BM) IBARRA Consulting Engrs., Inc. (HF) Points 6 Certified MEE Prime

Amount rBD TBD TBD

%1 5-10% 5-10% 5-10%

6 Utilization of certified MlWBE subconsultants :l. EEO Policy Compliance

Total 15 **

Arc.dis U.S. Inc. (Non-MIWBE Prime) The fmn reports that they will perfonn the required duties with existing staff, as well as with the following certified finns:

MIWBEFirms Arredondo, Zepeda & Brunz (HM) LillO T. Ramey & Associates (AIF) Mas-rek Eng. & Associates (BF) Chester Engineers (BM)

Amount TBD TBD TBD TBD

Points 0 Non~certified MlWBE Prime

% TBD TBD TBD TBD

6 d 9

Utilization of certified MIWBE subconsultants EEO Policy Compliance

Total

Arredondo, Zep<da & Branz (lIM Prime) The flrm reports that they will perform the required duties with existing staff, as well as with the following certified firms:

MIWBEFirms EJES, Inc (BM) Omega Engineers (HM) STL Engineering (HF) Points 6

6

~ Tatal 15

Amount % TBD TBD TBD TED TBD TBD

Certified MBE Prime Utilization of certified 1vlJWBE subconsultants EEO Policy Compliance

ARS Engineers. Inc. (AIM Prime) The firm reports that they will perform the required duties with exis.ting statr: as well as with the foHowing certified flnns:

MIWBE Firms Amount APM & Associates, Inc. (BM) TBD Points 6 Certified MIWBE Prime

~ TBD

6 Utilization of certified MlWBE subconsultants 1 EEO Policy Compliance

Tolal 15

Atkins North America. Inc. (Non-MIWBE Prime) The finn reports that they will perform the required duties with existing staff, as well as with the following certified firms:

MIWBE Firms Urban Engineers Group (HF)

Amount TBD TBD TBD

~ 25% 5% 5%

White Hawk EnllTg & Design (NAfM) HV J Associates (BM) Points 0

Total

6

1 9

Non-certified MlWBE Prime lftilization of certified MJWBE subconsultants EEO Policy Compliance

52

BDS Technologies (BM Prime) The firm reportS that they will perform the required duties with existing staff, as well as with the following certified firms:

MIWBE Firms Amount % Dal-Tech Engineering (WF) TBD 10% APM & Associares, Inc. (BM) TBD 15% Point, 6 Certified M/wBE Prime

6 Utilization of certified M/WBE subconsultant, J EEO Policy Compliance

Total 15 **

Binldey & Barfield Consultlng Engineering (Non~MIWBE Prime) The finn reports that they will perform the requu:ed duties with existing sta~ as wen as with the following celtified firms:

M/WBE Firms Amount AZ&B (HM) TBD Lina T. Ramey & Associates (AIF) TBD Hayden Consultants, Inc. (WF) TBD Criado & Associates,lnc. (HF) TBD Metropolitan Infrastrncture (HM) TBD Points 0 Non~certified MI\VBE Prime

li TBD TBD TBD TBD TBD

6 Utilization of certified MlWBE subconsu]tants J EEO Policy Compliance

Total 9

Birkhoff. Hendricks & Carter LLP (Non-MlWBE Prime) 1he fInn reports that they will peIfonn the required duties with existing suff. as well 3..<l with the following certified firms:

MIWBE Firms Amount Civil Associates, Inc. (APM) TBD RagSdale Consulting (NAIM) TED Poiuts 0 Non-certified MlWBE Prime

li TBD TBD

6 Utilization of certified MlWBE subconsultants ;[ EEO Policy Compliance

Tot.l 9

Brown & Gay Engineers, Inc. (Non-M/WBE Prime) The finn reports that they will perfonn the required duties with existing staff, as wen as lNith the following certified firms:

MIWBE Firms ~ ElliS, Inc. (BM) TBD GorrondoIll! & Associates (HM) TBD HVJ Associates,lnc, (llM) TBD Metropolitan Infrastructure (HM) TBD Points 0 Non-certified MfWBE Prime

% TED TBD TBD TBD

6 Utilization of certified MIWBE SUbcollsultants 1 BEO Policy Compliance

Total 9

53

Burgess & Niple, Inc. (Non-Mf\VBE Prime) T~e fIrm reports that they will perform the required duties with existing staff, as well as with the following celiified fInns:

MIWBE Firms Amount Hayden Consultants, Inc. (WF) TBD Saenz & Bury Engineering (HF) TBD GOlTondona & Associates (HM) TBD Spooner & Associates, Inc. (NAIM) TBD Points 0 Non-certified MlWBE Prmle

% TBD TBD TBD TBD

6 Utilization of certified MfWBE subconsultants ,1 EEO Policy Compliance

Total 9

Camp Dresser & McKee, Inc~ (Non-MI\VBE Prime) The finn reports that they will perfunn the required duties with existing staff, as well as willi the following certified finns:

MIWBE Firms Amount Bowman-Melton Assoc., Inc. (WF) TBD Gorrondona & Associates (HM) TBD Integrated Environmental (AlM) TBD Mas-Tek Eng. & Associates (BF) TBD Metropolitan Infrastructure (HM) TBD Pibum & Carson, LLC (NAIM) TBD Points 0 Non-certified WWBE PI1me

% TBD TBD TBD TBD TED TBD

6 Utilization of certified MIVIBE subconsultants J EEO Policy Compliance

Total 9

Charles Goier & Associates. Inc. iBM Prime) The finn repOlis that they will perform the required duties with existing staff, as well as with the following certified firms:

M/WBE Firms Amount Gorroodona & Associates (HM) TBD Walker Consultants, Inc. (WF) TBD Points 6 Certified MlWBE Prime

% TBD TED

6 Utilization of certified :MJWBE subconsultants :J. EEO Policy Compliance

Total 15

Civil Associates, Inc. (APM Prime) The flIm reports that they will perform the required duties with existing staff. as well as with the following certified firms:

MIWRE Firms Amount Mas-Tek Eng. & Associates (BF) TBD Civil Consulting Groop, PLCC (lLM) TBD Criado & Associates, Inc. (HF) TBD Pacheco-Kocp Consulting (HM) TBD POints 6 Certified MJWBE Prhne

% 5% 5% 10% 10%

6 Utilization of certified MIWBE subconsultants J EEO Policy Compliance

Total 15

54

Civil Consulting Group (liM Prime) The fum reports. that they will perform the required duties with existing staff) as well as with the following cemfied firms:

MIWBEFirms Civil Associates, Inc, (APM) Craig Design Group, Inc,(WF) Chiang, Patel & Yerby, Inc, (APM) Lilla T, Ramey & Associates (AIF) Mas-Tek Eng, & Associates (BF) Savant Group, Inc, (WF)

Amount TBD TBD TBD TBD TBD TBD

Points 6 Certified MlWBE Prime

% TBD TBD TBD TBD TBD TBD

6 ;[

Utilization of certified MlWBE subconsultants EEO Policy Compliance

Total 15 **

CP & Y (APM Prime) The finn reports that they will perform the required duties with existing staff, as wen as with the following certified firms:

MIWBE Firms Amount 0/0 Criado & Associates, Inc, (HP) TBD TBD Civil Consulting Group, PLLC (HM) TBD THD Mas-Tek Eng, & Associates (BF) TBD TBD Gorrondona & Associates (HM) TBD TBD Points 6 Certified MIWBE Prime

6 ~

15

Utilization of certified MIWBE subconsuttants EEO Policy Compliance

Total

Criado & Associatcs .. lnes. (HF Prime) The finn reports that they wi1l perform the required duties with existing staff, as well as with the following certified fmns:

MIWBE Firms Amount Chiang, Patel & Yerby, IIlC, (APM) TBD Civil Associates, me, (APM) TBD Mas-Tek Eng. & Associates (BF) TBD Points 6 Certified MIWBE Prime

% TBD TBD TBD

6 Utilization of certified MfWBE subconsultants J EEO Policy Compliance

Total 15

Dal-Tech Engineering. Inc. (WF Prime) The proposer report<; that they will perform the entire project in-house without the use of any certified MIWIDBE subcontractors,

MIWBE Firms Amount Urban Engirleers Group, Inc. (HP) TED Texas Municipal Engineering (HM) TBD Mas-Tek Eng, & Associates (BF) TBD dse Environmental Consultants TBD Walker Reprographics (WF) TBD Points 6 Certified MlWBE Prime

% TBD TBD TBD TBD TBD

6 Utilization of celtified WWBE subconsultdnts 1 EEO Policy Compliance

Total 15 '**

55

Dannenbaum Engineering Company (Non-MIWBE Prime) The fmn reports that they wi!! penonn the required duties with existing staff, as well as with the following certified firms:

MIWBE Firms Amount % Apex Engineered Solutions (BFJ T13D 5% ARS Engineers, Inc. (APM) TBD 20% Points 0 Non-certified MiWBE Prime

6 Utilization of certified MIWBE Bubconsultants ;! EEO Policy Compliance

Total 9

EJES.lnc. (EM Prime) The finn reports that they will perform the required duties with existing staff, as wen as wjth the following certified ftnns:

MIWBE Firms Amount AZ & B (HM) TBD APM & Associates, Inc. (BM) T13D Points 6 Certified MlWBE Prime

% 11% 3%

6 Utilization of certified MJWBE subconsultants J EEO Policy Compliance

Total 15

Free,e & Nichols, Inc. (Non-MIWBE Prime) The frrm reports that they will perform the required duties with existing staff, as well as with the fol1owing certified firms;

MJWBE Firms Amount Pacheoo-Koch Consulting (BM) TED Paredes-Garcia & Assoc. (HFJ T13D Civil Associates, Inc. (APM) TED Metropolitan Infrastructure (HM) TED Urban Engineers Group, Inc. (HFJ TBD Gorrondona & Associates (HM) TBD Apex Engineered Solutions (BF) TBD BV) Associates, Inc. (BM) TBD Points 0 Non-certified MlWBE Prime

% T13D T13D T13D TED TED T13D TBD TBD

6 Utilization of certified M/WBE subconsultants J EEO Policy Compliance

Total 9

Graham Associates. Inc. (Non-MlWBE Prime) The ftrm reports that they will perform the required duties with eXlsting staff, as wen as with the following certified firms:

MIWBE Firms Amount TBD Gorrondona & Associates (lIM)

Savant Group (WF) T13D Non-certified MIWBE Prime

% T13D TBD

Points 0

Total

6 J 9

Utilization of certified MIWFE subeonsult.nt, EEO Policy Compliance

56

Halfr & Associates (Non-M/IWBE Prime) The firm reports that they will perfOlID the l"equired duties with existing staff, as well as with the following certified firms:

MIWBE Firms Amount ARS Engineers, Inc. (HM) 113D Garcia Land & Data (HM) 113D Mas-Tek Eng & A%oc. (BF) 113D Points 0 Non-certified MfWBE Prime

% 15% 3% 2%

6 Utilization of certified MlWBE subconsultants d EEO Policy Compliance

Total 9

Hayden C onsult'Dts. Inc. (WF Prime) The firm reports that they vrill perfolm the required duties with existing staff, as well as with the following corti.fied firms:

MIWBE Firms Amount Lina T. Ramey & Associates (AlF) 113D Urban Engineers, lnc. (HF) 113D Points 6 Certified MIWBE Prime

% 15% 15%

6 Utilization of certified MlWBE subconsultants d BEO Policy Compliance

Total 15

HDR Engineering. Inc. (Non~MJWBE Prime) The finn reports that they win perform the required duties with existing staff, as weD as with the following certified firms:

MIWBE Firms Amount Hayden Consultants, lnc. (WF) 113D Iconic Consulting Group (BM) TBD Simon Eng. & Consulting (BF) 113D Gorrondona & Associates (fTh1) TBD Points 0 Non-certified M/WB-E Prime

% 10% 5% 5% 5%

6 Utilization of certified MfWBE subconsultants 1 EEO Policy Compliance

Total 9

HNTB Corvo (Non-MlWBE Prime) 'The firm reports that they win perfonn the required duties with existing staff, as weU as with the following certified finns:

MIWBEFirm, AZ & B (HM) EJES, Inc. (BM) Mas-Tek Engineering (BF)

Amount TBD TBD TBD

%e. 113D 113D 113D

Points

Total

o G ;i 9

Non-certified MfWBE Prime Utilization of certified MIWBE subconsultants EEO Policy Compliance

57

Huitt-Zollars. Inc. (Non-MIWBE Prime) The fum repOITE that they will perform the requlred duties with existing staff, as well as with the following certified firms:

MIWBE Firms Amount Metropolitan Infrastructure (HM) TBD Criado & Associates, Inc. (HF) TED Civil Associates, Inc. (APM) TBD Mas-Tele Eng. & Associates (BF.) TBD Simon Eng. & Consulting (BF) TED Leonard Technical Services (BM) TED Surveying & Mapping, Inc. (BM) TBD Pavlik & Associates, Inc. (WF) TBD Arkose Environmental (BF) TED Points 0 Non-certified MlWBE Prime

% TBD TED TBD TED TBD TBD TBD TBD TED

6 Utilization of certified MlWBE subconsultants ~ EEO Policy Compliance

Total 9 **

Innovative Engineering Associates (AIM Prime) The ftnn reports that they will perform the required duties with existing staff> as well as with the following certified :films:

MIWBE Firms Am()unt Hayden Consultants (WF) TED HV.T Associates, Inc. (MBE) 'fBD Points 6 Certified MlWBE Prime

% 10-19%

6 Utilization of certified MIWBE subconsultants ~ EEO Policy Compliance

Total 15

Jaster-Quintanilla Dallas. LLP (HM Prime) 'The finn reports that they will perform the required duties with ex.isting staff, as wen as with the following certified firms:

MIWBEFirms Mas-TekEng. & Associates (BF) David Mason & Associates BM)

Amount TED TED TED Savant Group (WF)

Points 6 Certified MIWBE Prime

% TBD TBD TBD

6 l

Utilization of certified M/WBE subconsuhants EED Policy Compliance

Total 15

Jones & Carter. Inc. (Non-MIWBE Prime) 'flle fmn reports that they will perform the required duties with existing staff, as well as with the following certified firms:

MlWBE }j'irms Amount Savant Group (WF) TED Chilton Engineering (AIM) TED Sacnz+Bury Engineering (HF) TED Points 0 Non-certified MIWBE Prime

% TED 'roD TED

6 Utilization of certified MlWBE subconsultanrs l EED Policy Compliance

Total 9

58

Kimley-Horn & Associates, Inc. (Non-MlWllE Prime) The firm reports that they will perform the required duties with existing staff, as well as with the follo\ving certified firms:

MIWBE Firms Amount DaJ-Tech Engineering (WF) TBD APM & Associates, Inc. (BM) TBD FlVJ Associates, Inc. (BM) TED Blanton & Associates (WF) TBD Points 0 Non-certified MlWBE Prime

.%. TED TBD TED TED

6 Utilization of certified Mf\\I13E subconsultants 3. EEO Policy Compliance

Total 9

J,im & Associ.tes, Inc. (APM Prime) The finn reports that they will perform the required duties with existing staff, as well as with the following certified firms:

MIWBE Firm~ Amount % BDS Technologies, Inc. (BM) TED 10% Metropolitan Infrastructure (HM) TBD 10% Gorrondona & Associates (HM} TBD 5% Point, 6 Certified M/WBE Prime

6 Utilization of certified MIWBE subconsultants 3. EEO Policy Compliance

Total 15 Lilla T. Ramev & Associates, Inc. (AIF Prime) The finn reports that they will perfOlm the required duties with existing staff, as well ao:; with the following certified fums:

M/WBE Firm, Amount Hayden Consultants, Inc. (WF) TED IcDnic Consulting Group (BM) TBD Civil Consulting Group, PLLC (FlM) TED Craig Design Group, Inc. (WP) TBD Points 6 Certified MlWBE Prime

% TED TED TED TED

6 Utilization of certified MlWBE sub consultants ~ EEO Policy Compliance

Tom! 15

Lochner (Non-MIWBE Prime) The firm reportS that they will perfonn the required duties with existing staff, as well as with the following certified finns:

MIWBE Firms Amf!.!!E! % JEA, Inc. (AIM) TED 35% Gorrondona & Associates (HM) TBD 12% K Strategies Group, LLC (BF) TED 3% Points 0 Non-certified MIWIBE Prime


Total 9 ** Lockw(}od~ Andrews & Newham (Non-MIWBE Prime) The fIrm reports that they will perrOlnl the required duties with existing staff, as wen as with the following certified flnns.

MfWBE Finns Amount % lEA, Inc. (AIM) TED 18% Pacheco-Koch Consulting (HM) TED 10% Gorrondona & Associates (1M) TED 10% Points 0 Non-celtifiedMfVfBE Prime

6 Utilization of certified M'WBE subconsultants 1 EEO Policy CDmpliance

Total 9

59

Metropolitan Infrastructure (HM Prime) The firm reports that they will perform the required duties with existing staff, a'i wen as with the following certified finns:

MIWllE Firms Amount Pacheco-Koch Consulting (HM) TED Victory Park Studio (HM) TED Gorrondona & Associates (HM) TED Mas-Tek Eng. & Associates (BF) TED Points 6 Certified MIWBE Prime

% TBD TED TED TED


Total 15

Mandv Vassigh Engineering, Inc, (M/WBE Prime) The firm reports that they )ViII perform the required duties with existing staff, as well as with the following certified firms:

MlWBEFirms Lina T. Ramey & Associates (AlF) AZ&B(HM)

Amount TED TED

Points Cerlliied MlWBE Prime

% TBD TBD

6 6

J 15

Utilization of certified MlWBE subconsultants EEO Policy Compliance,

Total

Nathan D. Maier Consulting Engineers (WF Prime) The firm reports that they will perform the required duties with existing staff, as well as with the following certified flnns:

MIWBE Firms Amount % Gorrondona & Associates (UM) TBD TED Integrated Environmenta! (AIM) TBD TED Savant Group (WF) TBD TBD Mbroh Engineering, Inc, (BM) TBD TED Thompson Landscape (\'iF) TBD TED Point, 6 Certified M/WBE Prime

6 Utilization of certified MfWBE subconswtants J EIlO Policy Compliance

Total 15

O'Brien Engineering, Inc. (Non-MIWBE Prime) The finn reports that they will perfoml the required duties with existing staff, as well as with tile following certified finns:

MIWBE Firms Amount UM & Associates, Inc, (APM) TED VRX, Inc, (WF) TED Jaster-Quintanilla Dalla, (HM) TED Points 0 Non-certified MlWBE Prime

% TED TED TBD

6 Utilization of certified MIWBE sub consultants J EEO PoliCY Compliance

Total 9

Reed Fire Protection Engineering (HM Prime) The proposer reports that they will perform the entire project in-house without the use of any certified MIWIDBE subcontractors,

Points 6

Total

o J 9

Certified MlWBE Prime Utilization of certified MlVlBE subconsultants EED Policy Compliance

60

RJN Group (Non-MIWBE Prime) 'Ihe firm reports that they will perJonn the required duties with existing staff, as well as with the following certified finns:

MlWBE Firms Amount Criado & Associates, Inc. (HF) TBD LIM & Associates, Inc. (APM) TED Points 0 Non-certified MlWBE Prime

% 18% 18%

6 Utilization of certified MIWBE sub consul tants ;; EEO Policy Compliance

Total 9

Salcedo Group, Inc. (lIM Prime) The finn reports that they will perform the required duties with existing staff, as weIl a.s with the folIowing certified firms

MIWBE Firms Amount Piburn & Carson, LLC (NAIM) TBD IBARRA Consulting Engineers (HF) TED Mas-Tek Eng. & Associates (BF) TED Point, 6 Certified MlWBE Prime

% TED TBD TED

6 Utilization of certified MlWBE subconsultant'i :l. EEO Policy Compliance

Total 15

Simon Engineering & Consulting, Inc. (BF Prime) The firm reports that they will perfonn the required duties with existing staff, as well as wi1h the folloVling cortified firms.

MIWBEFirms HNB Consulting Engineers (BM) Gorrondona & Associates (HM) STL Engineers (HF)

Amount TBD TED TED TED KAl Texas (BF)

Points Certified MlWBE Prime

% 'IBD TBD TBD

'TBD 6 6 1

Utilization of certified MfV.lBE subconsultants EEO Poiicy Compliance

Total 15

Stream Water Group, Inc. (AIM Prime) The fInn reports that they will perfonn the required duties with existing staff. as weB as with the following certified firms

MIWBE Firms Amount Gorrondona & Associates (EM) TED HV] Associates, Inc. (BM TED Points 6 Certified MIWBE Prime

% 18% 7%


Total 15

61

STY Incorporated (Non-MIWBE Prime) 'The fU1ll reports that they will perform the required duties with existing staff, as well as with the following certified firms

MIWBE Firms Amount lconie Consulting Group (BM) rBD Apex Engmeered Solutions (BP) TBD Ecological Communjcations (HM) TBD Gorrondona & Associates (HM) TBD HVJ Associates. Inc. (WF) TBD Mandy Vassigh Engr (WF) TBD Points 0 Non-certified MlWBE Prime

% 5% 7~8%

4-5% 6-8%

8%

6 Utilization of certified MlViBE subconsultants J. EEO Policy Compliance

Total 9

Teague NaIl and Perkins (Non-MfWBE Prime) The fum reports that they will perform the required duties with existing staff; as well as with the following certified firms.

MfWREFirms Lina T. Ramey & Associates (AIF) STL Engineers (HPJ E3 Engineering Services (N AIM)

Amount rBD TBD TBD TBD S avant Group (WF)

Points 0 Non-certified WWBE Prime

~ 10-15% 2-5% 5-10% 5~IO%

6 1 9

Utilization of certified MIWBE subconsultants EEO Policy Compliance

Total

Texas Municipal Engineering~ Inc. (ll1\1 Prime) The fInn reports that they will perform the required duties with existing staff, as well as with the following cettified flrms.

~/WBE }I'trms Amount DaJ-Tech Engineering (WF) TBD Pacheco-Koch Consulting (HM) TED Points 6 Certified MIWBE Prime

% TBD TBD

6 Utilization of certified M/WBB subconsultants J EEO Policy Compliance

Total 15 **

TranSystems (Non-M/WBE Prime) The fIrm reports that they will perfoml the required duties with existing staff, as wen as with the following certified fmns_

MIWBE Firms Amount 0/0 Lim & Associates, Inc. (APM) TBD 5% Caye Cook & Associates (WF) TED 5% Dal-Tech Engineering (WF) TBD 5% Gorrondona & Associates (HM) TBD 3% Pandey Engineering Services (AIM) TED 2% Points 0 Non-certified MfWBE Prime

6 Utilization of certified M/W/DBE subcontTactOl~ :l. EEO Policy Compliance

Total 9

62

TRC Engineers, Inc. (Non-MIWBE l)rime) The finn reports that they will perfonn the required ,duties with existing staff, as welJ as with the following certified fums.

MIWBEFirm< Simon Eng. & Consulting (BF) Rangel Land Surveying (HM) STL Engineers (HF)

Amount TBD TBD

Points 0 Non-certified MiWBE Prime

% TBD TBD

6 J. 9

Utilization of certified M/WBE subconsultnnts EEO Policy Compliance

Total

Urban Engineers Group. Inc. (HF Prime) The fIrm reports that they will perform the required duties with existing staff, as well as with the following certified firms.

MIWBE Firms Amount Lina T. Ramey" & Associates (AlF) TBD Haydell COllSulta!1ts, Inc. (WF) TBD Dal-T ecli Engineering, Inc. (WBE) TBD Points 6 Certified MIWBE Prinoe

% TBD TBD TBD

6 Utilization of certified MlWBE subconsuitants J. EEO Policy Compliance

Total 15

VRX. Ine. (WF Prime) The fum reports that they will perform the required duties with existing staff, as well as with the foHowing certified finns.

MIWBEFirms Amount Dal-Tech Engineering, Inc. (WF) TBD Simon Eng. & Consulting (BF) TBD AZ& B (HM) TBD HVJ Associates, Inc. (BM) TBD Points 6 Certified MfWBE Prime

% TBD TBD TBD TBD


Total 15

Walter P. Moore & Associates, Inc. (Non~M/WBE Prime) The finn reports that they will perform the required duties with existing staff, as well as with the following certified firms,

MlWBEFirms ARS Engineers~ Inc. (AIM) GOITondona & Associates (HM) Ca ye Cook & Associates (WF) Urban Engineers Group, Inc. (HF)

Amount TBD TBD TBD TBD TED VRX, Inc. (WFJ

Points Non-certified l\1IWBE Prime

% TBD TBD TBD TBD TBD

o 6 ;l, 9

Utilization of certified M1WBE subconsultants EEO Policy Compliance

Total

.. Finn/ailed to ilulude WWBEparticipatiott; therefore the praposal is ltoft-responsive relative to the County's Good Faith E//ortPviiEy.

,. .. Firm failed to incllUle all of the required hVWBE documents; therefore the proposal does not comply with tile County's Good Faith Effort Policy.

CC; Commissioners Court (thru Darryl Martin)

63

MfWBE Codes

AIF------- Asian Indian Female

AlM ----Asian Indian Male

APF -------Asian Pacific Female

APM-----Asian Paci.fic Male

BF--------Black Female

BM --------Black Male

HF---------Hispanic Female

HM --------Hispanic Male

NAIF----Native Amer. Indian Female

NAIM-----Native Arner. Inman Male

WF'-------White Female


October 12,2011

MEMORANDUM

To:

Through:

From:

Commissioners Court

Commissioner John Wiley Price District No.3

Alberta L. Blair, P.E. Director of Public Works

64

Re: Road & Bridge District No.3 / Unincorporated Area Belt Line Road At Trinity River Bridge Repairs Construction Project East Bank Access via Temporary License Agreement with Hanson Aggregates LLC

BACKGROUND

This project is located in the Dallas COlmly Unincorporated Area and in District No.3. The Belt Line Road Trinity River Bridge was built in the late 1980's and has developed severe erosion problems exposing the main channelWest & East Bank concrete piers. On June 14,2011, Dallas County awarded a $1, 285,215.50 construction contract to Austin Filter Systems, Inc. (AFSI), to repair the bridge's main channel piers.

Road & Bridge District #3 forces built a temporary road across the West Levee to access the West Banle piers. Mobilization for bridge repair construction by AFSI commenced thereafter on August 29,201!. Presently, the Contractor has installed approximately 50% ofthe steel sheet piling for the West Bank piers. Once complete, the piling shall serve as the metal encasement to the new concrete cast-in-place webwall necessary to protect the exposed piers.

For East Bank pier repairs, Road & Bridge District #3 forces need access via the Hanson Aggregates LLC properties located at 100 & 20 I Bilindsay Road to build a temporary road across the East Levee to access the East Bank Piers. Staff including the D.A.'s Office / Civil Section have worked with the Hanson Land Manager to develop a Temporary License Agreement granting Dallas County access across said Hanson properties. On October 10,2011, Hanson executed said Agreement (attached) and also provided "Verbal Pennission" to proceed with building the temporary road across the East Levee to access the East Bank Piers for their repair.

PROJECT SCHEDULE

100 Working Days are allocated for the construction ofthis bridge repair project. Presently, Austin Filter Systems, Inc., construction is at Working Day 11 of! 00 Total Days, and is progressing satisfactorily. Road & Bridge District #3 forces have proceeded with building the temporary road across the East Levee to access the East Bank Piers.

411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151 Fax 214-653-6445

Commissioners Court October 12,2011 Page Two

FINANCIAL IMPACT

65

Per the Agreement, a License Fee of$1 0.00 is required and payable upon execution of same to Hanson Aggregates LLC. Funding in the amount of $10.00 for said Fee is in the COlmty's Bridge Fund Account No. 105.2550.08312.0000.

OPERATIONS AND MAINTENANCE

On October 10, 2011, Hanson executed said Agreement (attached) and also provided "Verbal Permission" to proceed with building the temporary road across the East Levee to access the East Bank Piers for their repair. Upon construction completion of said project, a Maintenance Access Easement shall be field surveyed (i.e. "as built" by metes & bounds) together with a legal instrument for "Permanent Maintenance Access". Dallas County shall then request the execution of said legal instrument and easement by Hanson Aggregates LLC.

DALLAS COUNTY STRATEGIC PLAN

This project is consistent with the County's Strategic Plan such that Dallas County is safe, secure, and prepared (Vision 3) via these erosion repairs of the Trinity River Bridge to eliminate a potentially unsafe roadway bridge condition in the Unincorporated Area of District No.3.

RECOMMENDATION

If the Commissioners Court is in agreement, a Court Order shall be placed on next week's Formal Agenda authorizing the execution of the Temporary License Agreement with Hanson Aggregates I"LC for East Bank Access for a License Fee Amount of $10.00 to be paid from County Bridge Fund Account No. l05.2550.08312.0000/':l

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Attachments:

Belt Line Road Trinity River Bridge Repairs Picture 00 I Temporary License Agreement with Hanson Aggregates LLC

xc: Ryan Brovvn, Director of Budget

Word file: UnincorpArea ICountyRdslBeltLineRdl TrinityRiver BridgelHansonAgreementlBrieC I 0 1220 1 1

66

TEMPORARY LICENSE AGREEMENT

This TEMPORARY LICENSE AGREEMENT (this "License") is made and entered into as of October lL, 2011 (the "Effective Date"), by and between Hanson Aggregates LLC ("Licensor"), a Delaware limited liability company, and The County of Dallas, Texas, a political subdivision of the State of Texas ("Licensee"), with a notice address of clo Dallas County Public Works, 411 Elm Street, 4Th Floor, Dallas TX 75201.

A. Licensee desires to use a portion of Licensor's real property known locally as the "Cobb Sand & Gravel Quarry", more particularly shown on the aerial photo in Exhibit A attached hereto (the "Property"). The portion of such real property which Licensee shall have the right to use in accordance with the terms and provisions of this License is ouflined on Exhibit A and identified as the "Maintenance Access Easement" thereon and referred to herein as the "Site" for the period set out below and for the limited purpose described in Exhibit B ("Permitted Uses") by Licensee and Licensee's agents, contractor or subcontractors, if any (the "Permitted Users").

B. Licensor is prepared to grant Licensee a temporary license for the Permitted Uses on the terms and conditions set out in this License.

NOW, THEREFORE, for good and valuable consideration the parties agree as follows:

1. Grant of License. Subject to the terms and conditions of this License, Licensor grants Licensee the right and privilege to use the Site for the Permitted Uses. Licensee may also allow the Permitted Users to use the Site for the Permitted Uses during the term of this License provided Licensee requires each Permitted User to comply with and be bound by the provisions of this License. Licensee shall be responsible for the compliance by any Permitted User with the terms and conditions of this License. Licensee shall not permit any person or entity other than a Permitted User to use the Site, and Licensee shall not permit any Permitted User to use the Site for any purpose other than the Permitted Uses. Licensee shall not use, or permit the use by any Permitted User to use, the Site in a manner that interferes in any way with the normal operatibns of Licensor's business on the Property.

2. Term. This License shall commence on the Effective Date and terminate on the earlier of February 29, 2012, or the abandonment by Licensee of the use of the Site. Licensee shall be deemed to have abandoned the Site if Licensee has completed the Permitted Uses or has not been performing the Permitted Uses on the Site for at least 30 consecutive days. There are no renewal, extension or hold over periods or rights of any kind.

3. license Fee. Licensee shall pay to Licensor a lump sum fee of $10.00 as consideration for this License payable upon execution of this License.

4. Compliance with Laws. Licensee shall not do or perm it to be done upon the Site, nor bring, keep or permit to be brought or kept on the Site, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated (collectively, "Applicable Law"). Licensee shall, and shall cause each Permitted Use to, comply with all Applicable Laws, and all covenants, conditions and restrictions affecting its operation and activities on or otherwise affecting the Site ("Land Use Restrictions"). Licensee shall obtain and pay for all permits, approvals or variances required for Licensee's use of the Site, including the Permitted Uses, and shall promptly take all actions necessary to comply with all Applicable Laws and Land Use Restrictions.

5. Condition of Site, Improvements. Licensee has had the opportunity to inspect the Site and determine the suitability of the Site of its purposes. Licensee accepts the Site "as is" and Licensor makes no, and hereby disclaims any and all, representations or warranties as to the condition of the Site or its suitability for Licensee's intended purposes, including the Permitted Uses. licensee shall be solely responsible for constructing, at Licensee's sale cost and expense,

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any improvements that may be necessary for the Permitted Uses. All installations, additions or improvements, and alterations and changes made at the Site shall be directly related to the Permitted Uses and, except what is agreed to in Exhibit "B", attached hereto and incorporated, shall be subject to Licensor's prior written consent, which will not be unreasonably withheld, and shall be made at the sole cost and expense of Licensee. Any additions, alterations or improvements on or to the Site that may be required by any governmental authority or any Applicable Law or Land Use Restriction shall also be made and paid for by Licensee.

6. Condjtion on Termination. Except as may be expressly provided otherwise in Exhibit A, upon expiration or earlier termination of this License, Licensee shall (i) remove all equipment and materials stored on or brought onto the Site and any improvements made on the Site, (ii) remove all debris and waste material and dispose of such materials off of the Property in a lawful manner, (iii) repair or replace (in Licensor's reasonable determination) any property, equipment or improvements located on the Site and damaged by Licensee or any Permitted User, and (iv) restore the Site to approximately its condition existing on the date of this License. If Licensee shall fail to comply with the provisions of this section, then, in addition to any other right or remedy, Licensor may, but shall not be obligated to, perform or cause to be performed such work on behalf of Licensee and in which case Licensee shall repay to Licensor within ten (10) days after written demand all actual and documented sums disbursed or incurred by Licensor pursuant to the foregoing provisions hereof, including Licensor's costs, expenses and reasonable attorneys' and consulting fees.

7. Liens. Licensee agrees to keep and to hold the Site free, clear and harmless of and from all liens that could arise by reason of its use of the Site. If any such lien shall at any time be filed against the Site, Licensee shall either cause the same to be discharged of record within 15 days after the date of filing such lien. If Licensee shall fail to discharge such lien within such period, then, in addition to any other right or remedy, Licensor may but shall not be obligated to discharge the same, either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Licensee shall repay to Licensor within ten (10) days after written demand all actual and documented sums disbursed or deposited by Licensor pursuant to the foregoing provisions hereof, including Licensor's costs, expenses and reasonable attorneys' fees. Nothing contained herein shall imply any consent or agreement on the part of Licensor to subject its interest in the real property, of which the Site is a part, to liability under any mechanic's lien law.

8. Environmental Compliance - Hazardous Materials. Licensee shall be responsible for, and shall indemnify and hold harmless Licensor, unless Licensee is prohibited by law, against, any environmental clean-up obligation or other liability arising under any environmental law or other Applicable Law due to Licensee's use of the Site or the use of the Site by any Permitted User. This indemnity obligation shall survive the expiration or earlier termination of this License.

Licensee shall not store, use, manufacture, process, distribute, transport, discharge, release or threaten release into the environment, or dispose of any Hazardous Materials (defined below) on or around the Site (or allow any of the foregoing) without Licensor's written consent, which Licensor may withhold for any reason. Upon expiration or earlier termination of this License Licensee shall cause all Hazardous Materials to be removed from the Site and transported for use, storage or disposal in accordance and compliance with all Applicable Laws. licensee shall promptly deliver to Licensor copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the Site. The term "Hazardous Materials" includes oil, petroleum products, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," Hhazardous materials~' or ({toxic substances" under any Appiicabie law.

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9. Indemnification -Insurance. Licensee shall, unless prohibited by law, indemnify and hold harmless Licensor (including any related corporate entity, including, but not limited to whollyowned subsidiaries, affiliated companies and parent companies, and their respective officers, directors, shareholders and employees) and its successors and assigns from and against any demands, liability, cost or claim (including attorney fees and litigation expenses) arising from the use of the Site by Licensee or any other person using the Site at Licensee's direction or with Licensee's permission. This indemnity obligation shall survive the expiration or earlier termination of this License. Licensee shall maintain at all times at its expense during the term of this License insurance coverage satisfying the requirements set out in the "Hanson Insurance Requirements" schedule attached hereto. Licensor may deny Licensee access and any third party attempting access at the direction or with the permission of Licensee to the Site unless and until Licensor has been provided with an insurance certificate evidencing compliance with these insurance requirements.

10. Default and Termination.

(a) Should any of the following events or conditions occur, it shall constitute an event of default ("Event of Default"):

(i) Licensee breaches, in any material respect, any of its obligations under this License;

(ii) Licensee: (A) admits in writing its inability to pay its debts generally as they become due; (B) has an order for relief entered in any case commenced by or against it under the federal bankruptcy laws, as now or hereafter in effect; (C) commences a proceeding under any other federal or state bankruptcy, insolvency or similar law; (D) makes an assignment for the benefit of creditors; or (E) has a receiver or trustee appointed for it or for the whole or any substantial part of its property; or

(iii) Licensee fails to pay its monetary obligations under this License.

(b) If an Event of Default arises, Licensor shall give Licensee a written notice describing such default in reasonable detail and setting forth the procedures that will be used to cure such Event of Default. If Licensee does not cure its monetary default within five (5) days or a non-monetary default within ten (10) days after the provision of a default notice, then Licensor shall have the right to use commercially reasonable efforts to cure any non-economic Event of Default on behalf of Licensee and diligently prosecute such cure to completion. Upon completing the cure, Licensor shall have the right to recover actual expenses incurred to cure the Event of Default from Licensee. Such reimbursement shall be due and payable to Licensor within ten (10) days of Licensee's receipt of paid invoices. If an Event of Default may not be cured or Licensor elects to not cure on behalf of Licensee, then Licensor shall have the right to terminate this License by written notice to Licensee, without prejudice to any remedies at law or in equity which are available to Licensor by reason of the Event of Default.

11. Other Provisions. Licensee shall not assign this License or any interest in this License, or sublet the Site or any portion thereof, or permit any other person except as expressly identified herein to occupy the Site or any portion thereof without the express written consent of Licensor. The laws of the state in which the Site is located shall govern the validity, performance and enforcement of this License. This License constitutes the entire agreement between the parties hereto pertaining to the occupancy of the Site. This License may be modified only by written agreement, signed by all of the parties hereto.

[Signatures on behalf of the parties hereto appear on the following page.]

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Executed as of the Effective Date first set out above,

LICENSEE:

COUNTY OF DALLAS

By: __________ _

Its: ------------Date:_-'I_t>_----'-I_O----'-I'-I __ _ Date: __________ _

APPROVED AS TO FORM:

*6y law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solety for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective aUorney(s).

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Temporary License Agreement Exhibit A

Description of Site to be used:

Properties located at Cobb Sand & Gravel Quarry located in the general area of South Beltline Road and the Trinity River and described as a portion of two properties in Dallas County Unincorporated Area, District No.3, Tract No's.: 4.4 I 28.2222-acres, 4.2 I 28.1457-acres near street addresses: 100 & 201 Bilindsay Road, Dallas County, Texas and depicted as follows:

Final Draft

.110. ~ AfI.!;A REQUIRIIiG ADDITIONAL ilAI.VAGE BAaE

MIN. 4" THICK TO MAX, 3' DEEP TO ALLOW CONSTRUCTION VEHICLES WITH LOW FRAME CLEARANCE (I.E. LOW.!lOYl ACROSS THE LEVEE

--.,j -"

MAINTENA.NCE ACCESS EAsEMEWr TO BE FIELD SURVEYED (I.E. "AS BUILT" BY METES & BOUNDS) UPON CONSTRUCTION COMPLETION OF THE BELT LINE ROAD TRINITY RIVER BRIDGE REPAIR WORK, A LEGAL INSTRUMENT FOR "PERMANENT MAINTENANCE ACCESS" SHALL THEN BE EXECUTED AND RECORDED.

it. ~ AR~A REQUIRING ADDITIONAL

SALVAGE BASI! MilL 4 w THI~K TO MAX, 3' DEEP TO ALLOW CONSTRUCTION VENICLBa WITH LOVi fRAME CLEARAnCE (I.E. LOW-BOY) AeRO •• THE I.liVIiE

~ I\)

73

Temporary License Agreement Exhibit B

Description of Permitted Uses:

Licensor grants to Licensee the following uses on the Site for the purpose of performing erosion repair and restoration of the Belt Line Road Bridge supports at the Trinity River:

1. vehicular access across the Site; 2. construction of required roadway improvements on the Site; and 3. appraisal and land survey of the Property.

Special Provisions: (such as the surrender condition of the Site at the expiration or earlier termination thereof)

No mechanical digging or drilling may be performed on the Site. No invasive testing of any kind on the Site. If any study reveals conditions that continue onto the Property, that is not part of this license, all study work must stop at that point and no study work shall continue for any reason past the Property that is subject to this License. licensee must immediately report any preliminary findings of this nature that continue beyond the property onto the Property.

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LEHIGH HANSON, INC.

INSURANCE REQUIREMENTS

Workers' Compensation

(including coverage for Occupational Disease)

Workers' Compensation Employers' Liability

Limit of Liability Statutory $1,000,000/$1,000,000/$1,000,000

Benefits

Where allowed by law, the contractor or vendor's Workers' Compensation policy shall contain a Waiver of Subrogation in favor of Lehigh Hanson, Inc. and its affiliated companies.

Commercial General Liability

(including coverage for Contractual liability assumed by Licensee)

Property Damage/Bodily Injury Limit of Liability $2,000,000 Each Occurrence $2,000,000 General Aggregate limit

"Lehigh Hanson, Inc. and all of its affiliates (direct and indirect)" shall be named as an additional insured on the licensee's General liability policy with respect to any work performed on the Site. The coverages under this policy shall be primary to the insurance of licensor and the additional insured.

Automobile Liability

(including coverage for Hired and Non-Owned Automobiles)

Property Damage/Bodily Injury limit of Liability $2.000,000 Each Accident

Such coverage shall contain NO exclusion for loading and/or unloading of the vehicles. Lehigh Hanson, Inc. and its affiliated companies shall be included as an additional insured.

Insurance Certificate/Notice of Cancellation

The insurance coverage described above shall be confirmed by an insurance certificate signed by the insurer or its authorized agent and providing that the certificate holder shall be given at least 30 days prior notice of the cancellation of any of such coverage. In addition, a copy of the policy's additional insured endorsement shall be provided to licensor.

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CERTIFICATE OF LIABILITY INSURANCE AUSTlNrF--';:Affir;;;;O~P~~"l

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTifiCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: I must be endorsed. I subject to the terms and may require an endorsement. A statement on this certificate does not confer rights to the

Agency, Inc. Riverside Dr

TX 78741 Insurance Agency, Inc.

INSURED

COVERAGES CERTifiCATE NUMBER' REVISION NUMBER: THIS IS TO CERTJFY THAT THE POLlC),ES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOlT!ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE 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, LIMITS SHOWN MAY HAVE BEEN REDUCED B;;Y-;P~A;;;'D;;.;C;LA;;I~M;:S;_" ______ _

'~f~ TYPE OF INSURANCE ~~.P';'I~A~~~ POLICY NUMBER ~Shl%~ I ,~~}J%~LI ·-M-,T-S-------~ ~NERAL LIABILITY

A X COMMERCIAL GENERAL LIABILITY

!------0 CLAIMS-MADE [gJ OCCUR

1-. ---------I-- -------~

X r07A26130B 09/30/11 1,000,000

300,000

.+"-----~1p1lQO ""--f.''--- _.1,000,000

-t"'--_--=-2,~~ 2,000,000 ~'L AGGRE~E UMIT AP~S PER:

I-_~I __ U Ip~O~l~IC~Y~IX X~ 11~~PgBRgO~T~I_'_L 1'~O~G~--~-+_-I_----------_+~---·"-~--"---fcno~cnmM""~~-~-------~

~UTOMOBILE LIABILITY

B X ANY AUTO X

'-X AUTOS X ~~1'?gWNED ALL OWNED M-l SCHEDULED

~ HIRED AUTOS AUTOS

0. UMBRELLA LIAS I ~ OCCUR

C EXCESS llAS r 1 CLAIMS.MADE X

1--

OED· 1 x: i"RETENTION $ 10000

WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y { N ANYPROPRIETORlPARTNERlEXECUTIVE rJ QFFICER/MEMBER EXCLUDED? I N I A (Mandatory in NH) ~ If yes. describe lInder DES9RIPTION OF OPERATIONS below

!BA8281X844 1,000,000

04115/11

5,000,000 CUP5465B735 5,000,000

--I ~L.. __________ ~--"-L __ ~~ ___ .~~~~_~~~ ________________ ~

DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Lehigh Hanson, Inc. and all of its affiliates (Direct or Indirect) with respects to any works done on the site. Coverage under these policies shall be primary to the insurance of Licensor and the Additional Insured as required by written contract or agreement. Thirty (30) Day Notice of Cancellation applies in favor of Lehigh Hanson Inc. & Affiliates companies.

L-_________________________________________________________________ ~~~~_

CERTIFICATE HOLDER

Hanson Aggregate, LLC c/o Kirk Toups Land MgrM

$, Region Lehigh Hanson 300 E. John Carpenter Frwy. "rving, TX 75062

HANSONA

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WiTH THE POLICY PROVISIONS,

AUTHOR!ZED REPRESENTATIVE

~wJ~ © 1988~2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

76

OP 10' MF

ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY)

~ 08/19/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATiVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pOlicy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER 512-447-7773 CONTACT NAME:

Time Insurance Agency, Inc. 512-440-0989 \ rl18NJ Ext}: I fffc, No): -

1405 East Riverside Dr Austin, TX 78741 E-MAIL

ADDRESS: Time Insurance Agency, Inc. ~~g~g~~ 10 #:AUSTlNF

INSURER(S) AFFORDING COVERAGE NAIC#

INSURED Austin Filter Systems Inc. INSURER A: Travelers Property Casualty

13653 Rutledge Spur INSURERS: Austin, TX 78717

INSURERC: -INSURER 0 :

.. INSURER e :

INSURERF: .

( :N~ . THIS IS TO CERTIFY THATT_H~: I ;9~.' ':,';,~~;::;,';'::~oBEEN l~~~~!'? !~E_' ~~:':~~~f.8()..':~ f9_R_ THE POLlCY"ERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, ~rTr' OR WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANC.{':~~i~~fetN;~~U,~~~';;~ES DE~~~~BRE~ HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES. LlMJTS SHOWN MAY BY PAID CLAIMS.

'~f: TYPE OF I I LIM,. I TV I EACH' I, -

~ISES~ [, GENERAL LIABILITY

=:=J CLAIMS·MADE 0 OCCUR ; p,rnoo) '$ -'''RY $ I-----

GENERAL $ I-- -

l POllcYh~ ~~R: APAS :o~

PRn, , $

I I X ) SINGLE LIMIT , 100n nnn Z ANY AUTO IBxu<V'AV~ I I

A 04/15/11 04/15112 ; 800ll Y INJURY, ,

-~

ALL OWNED AUTOS I 'oodctpcl) ,

~ SCHEDULED AUTOS

'.?AMAGE HIRED AUTOS

$

NON·OWNED AUTOS ! '

$

UMBRELLA LIAS HOCCUR $

c-EXCESSLIAB $

DEDUCTIBLE I, --$ [$

WORKERS COMPENSATION I TORnrM"S I 10J~-ANO

, EMPLO~~i' LIABILITY Y,N

IEl. $ [J INIA I

I El. DISEASE - EA , yP>,

I I • POLICY LIMIT , ,

,OF! I : (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

~~I~~PO) Day Notice of ) applies in favor of Certificate .,. ~

CERTIFICATE HOLDER CANCELLATION

HANSONA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

Hanson Aggregate, LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

c/o Kirk Toups Land Mgr~

I S. Region Lehigh Hanson AUTHORIZED REPRESENTATIVE 300 E. John Carpenter Frwy. fL.wAJ.-t-INing, TX 75062

I~- I © 1988-2009 ACORD CORPORATION. All rights reserved.

ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD

77

COMMERCIAL AUTO

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AUTO COVERAGE PLUS ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. PERSONAL EFFECTS COVERAGE

SECTION III - PHYSICAL DAMAGE COVER· AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following:

Personal Effects Coverage

We will pay up to $400 for "loss" to wearing apparel and other personal effects which are:

(1) owned by an "insured"; and

(2) in or on your covered "auto";

in the event of a total theft "loss" of your covered "auto".

No deductibles apply to Personal Effects Coverage.

B. AUTO LOAN LEASE GAP COVERAGE

SECTION III - PHYSICAL DAMAGE COVER· AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following:

Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles

In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Coverage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following:

(1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and

(2) Any:

(a) Overdue leaselloan payments at the time of the IIloss";

(b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;

(c) Security deposits not returned by the lessor;

(d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and

(e) Carry-over balances from previous loans or leases.

C. COVERAGE EXTENSION .,. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND

SECTION III - PHYSICAL DAMAGE COVER. AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following:

a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or

D. WAIVER OF DEDUCTIBLE - GLASS

SECTION III - PHYSICAL DAMAGE COVER. AGE, D. Deductible is amended by adding the following:

No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced.

E. HIRED AUTO PHYSICAL DAMAGE COVER. AGE

SECTION 1/1 - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following:

Hired Auto Physical Damage Coverage Extension

If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auton, then the

CA T4 20 07 06 Incfudes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc.

COMMERCIAL AUTO

Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following:

(1) The most we will pay for "loss" in anyone "accident" to a hired, rented or borrowed "auto" is the lesser of:

(a) $50,000;

(b) The actual cash value of the damaged or stolen property as of the time ofthe "losslI; or

(c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.

(2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "Joss".

(3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment.

(4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto".

(5) This Coverage Extension does not apply to:

(a) Any "auto" that is hired, rented or borrowed with a driver; or

(b) Any "auto" that is hired, rented or borrowed from your "employee".

F. BLANKET WAIVER OF SUBROGATION

SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following:

5. Transfer Of Rights Of Recovery Against Others To Us

We waive any right of recovery we may have against any person or organization to the ex-

78

tent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

G. BLANKET ADDITIONAL INSURED

SECTION" - LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following:

Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.

H. EMPLOYEE HIRED AUTOS

SECTION" - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following:

An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

I. COVERAGE EXTENSION - TRAILERS

SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following:

1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads.

Page 2 of 2 Includes the copyrighted materia! of Insurance Services Office, Inc. with its permission, Includes the copyrighted materia! of The St. Paul Travelers Companies, Inc.

CAT4200706

79

ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDOfYYYY)

" 08119/20 II PRODUCER Greater Austin Insurance Agency, Tnc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

P.O. Box 201570 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR

Austin, TX 78720 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Phone: 512-250-1777 INSURERS AFFORDING COVERAGE iNAIC# - .

INSURED Austin Filter Systems, Inc. INSURER A: Twin City Fire Insurance Company + Mark Toungate, Individual INSURER 8: Texas Mutua! Insurance Fund ~c. St. Paul Fire & Marine I

-13653 Rutledge Spur --Austin TX 78717-1016 ~~URERD: .. -

INSURERE: I COVER AGES

THE POUCIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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 IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUC~D BY PArD CLAIMS.

I~~: ~IJPr;;: I POUCY NUMBER POLICY EF'FECTJVE POI.ICY EXPIRATION

LIMITS

A X ~NERAI. LlASILlTY 65 CES SS9940 09/30/2010 0913012011 EACH OCCURRENCE '- 1,000,000

~ UMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 eBEM1S(:S (Ea O!:CI(f.en S

_ CLAIMS MAoE [E] OCCUR MED EX? (~,ny ona par§:onl I 10,000 ~-,;=

i-PERSONAL & ADV lNJUf3Y I 1,000,000

i- ~R8L AGGREG_ATE s 2,000,000

~"L AGG:~rXlE LIMIT Aprl~ PER: ~DUCTS ~ CQMP/OP AGG,. $ 2,000,006

POliCY I X ~WT LOC --

!

~TOMOBrLE llABJUTY COMBINED SINGLE UMIT S I (Ea accident)

i- ANY AUTO --I-- ALL OWNED AUTOS I BCOll Y INJURY S

c- SCHEDULED AUTOS (Per person)

~ HIRED AUTOS BCOll Y INJURY

(per accident) f------ NON·OWNED AUTOS I---- PROPERTY DAMAGE

I (Par scclden!)

I ~AGE LIABILITY f-"ill.90NLY-EAACCIDENT~ __ ._, ___

_ ANY AtJTO OTHER THAN _ffit&C $

I AUTO ONLY: AGG $

C ! ~ESSIUMBRElLA LIABiLITY QK09102184 09/30/2010 09/30/2011 EACH OCCURRENC,E , 5,000,000

X OCCUR 0 CLAIMS MAbE ._-:;."

r-6QSiREGATE , 5,000,000

$ R DEDUCTIBLE ,

--RETENTION $ $

B WORKERS COMPENSATION. AND TSFOOOl165t93 101104/2011 101104/2012 X, ~C STATU., I ~~

EMPLOYERS' LIABILITY

I E.L. EACH ACCIDENT • 1,000,000

ANY pROPRIETORIPARTNERIEXECUTIVE "0 OFFICER/MEMBER EXCLUDED'? j:,L. D'ISEASE" EA EMPLQYI:E $ 1,000,000

, ~X~'f.;,~tS~~~v~~16~s below 1 E.L. DISEASE· POliCY LIMIT $ 1,000,000

OTHeR

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

Additional Insured: Lehigh Hanson, Inc. and all of its affiliates (dirrect and indirect) with respect to any work done on the site. Coveraae under this policy shall be primary to the insurance of Licensor and the additional insured. Waiver of Subrogation on the Wo~kers Compensation in favor of Lehigh _Han~on, Inc and its affiliated companies.

CERTtFICATE HOLDER X CANCELLATION

SHOULD ANY Of THE ABOVE DESCRIBED POLlCjES BE CANCELLED BEFGJa THE EXPIRATION

Hanson Aggregate LLe DATE THEREOF, THE ISSUING INSURER W1LC"E:l'Jffi:tH1OR"TO MAIL __ DAYS WPJTIEN

c/o Kirk Toups Land Manager NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFi,lmrFATI..lJ1'{E:TOlJO"SO''BtlALL

300 E. John Carpenter Fnvy -INIPOSE"'N'O-OB1.1G)!,j]lJfrOR'1.I'A8n.:rrr-t>n\WlGND-lJPOWT7lNS'1JRER;mr-A'trENTS OR

-RE)'RESErmITfVE:S.

Irving, TX 75062 AUTHORIZED REPRESENTeE R.;:t HU~, .~·.A~. L -.-/

ACORD 25 (2001108) ©ACORD CORPORATION 1988


80

October 18, 2011

MEMORANDUM

To: Commissioner l s Court

From: Alberta L. Blair, P.E.

Subject: Transportation Investment Generating Economic Recovery (TIGER) Grant Applications

BACKGROUND

Public Works is preparing three final applications in response to US Department of Transportation (USDOT) Notice of Funding Availability (NOFA) for the Transportation Investment Generating Economic Recovery (TIGER) funding grant for surface transportation capital projects. US DOT is making $527 million available nationwide emphasizing projects with multimodal aspects and improvements to port infrastructure. In compliance with the limit of three applications per sponsor Public Works is preparing applications on behalf of Dallas County for the following MCIP projects:

I) Bonnie View Road (Wintergreen to Langdon): Nearly two miles of roadway reconstruction and widening improvements adjacent to planned BNSF intermodal facility within the Intemational Inland Port of Dallas. Also includes vital water and sewer infrastructure to facilitate n.lrther economic development within this inland port area that already features a nearby Union Pacific intermodal facility. Ready for construction in early 2013

2) Denton Drive (Bachman DART Station to Walnut Hill DART Station): Nearly two miles of roadway reconstruction for improving multimodal access to DART Light Rail Transit Stations, local businesses and connection with Bachman Lake. Also includes two bridges improvements: a widening over NOlthwest Highway and another over Joe's Creek eliminating substandard veltical clearance to alleviate flooding in the area. Ready for construction by June 2013.

3) IH 35E Frontage Roads (Manana Drive to Royal Lane): Ncarly two miles of improvements featuring new frontage roads along IH 35E improving mobility, access and economic development opportunities. Also includes wide outside lane for bicycle traffic and reconfiguration ofIH 35E interchange at Walnut Hill Lane to improve multimodal mobility, safety and access to a nearby new regional athletic complex. Ready for construction by June 2013.

These projects were chosen based on the grant evaluation criteria and to provide a diverse set of project types and locations. RTC has issued letters of support for each of these projects and DWU is preparing one for Bonnie View Road. Copies of the pre-applications have been attached for further reference.

Page Two Commissioners Court

FINANCIAL IMP ACT

81

This grant opportunity requires a 20% local match and a $10 million minimum request per application. USDOT has advised that applications showing a local match exceeding 25% local match will be considered more competitive. For Bonnie View Road $12,000,000 is being requested from US DOT with a local match of $6,000,000 already being met with commitments from both County MCIP and City of Dallas bond funding. For Denton Drive $15,000,000 is being requested with a local match of$6,000,000 already being met with commitment from County MCIP funding. For IH 35E Frontage Roads $12,000,000 is being reqnested with a local match of $3,000,000.

The NOFA for this grant opportnnity reqnires that an application must include a certification, signed by the applicant, stating that it will comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code (Federal wage .rate reqllirements), as .required by the FY 2011 Continuing Appropriations Act. Dallas County has complied with the federal wage rate reqnirement on past federally funded projects. Therefore USDOT is requesting the attached certification statement to be signed by the executive official of the application sponsor. There is no immediate financial impact at this time for signing this certification statement.

The application also requires a comprehensive benefit/cost analysis that two of our IDIQ consultants (Burgess & Niple, HDR) can provide expertise in preparing these analyses from previous successful TIGER grant applications and also have some related involvement with the projects being submitted. Each of these firms can provide these services for less than $50,000.

SCHEDULE Oct 31, 2011 Early 2012 Scpt2013

Final applications due US DOT announces project selections Project must begin construction prior to this date

STRATEGIC PLAN COMPLIANCE This action models the Dallas County Strategic Plan in that the completion of these projects will result in transportation improvements to "improve the quality of life and make the County a destination of choice" for our customers-the citizens, taxpayers, transportation users, communities, and internal County partners. We "proactively address critical regional issues" by effectively planning, developing, implementing and administering approved regional public works transportation projects, suppOliing maintenance of countywide roads and bridges, and providing real property management services. This involves "interagency partnership and collaboration" with our partners in the cities, regional councils, state agencies and federal administrations.

RECOMMENDATION We recommend that the Commissioners Court support preparation and submittal of these applications. If the Comi concurs, a Court Order to have the Judge provide required signatures will be prepared for its consideration on the next fonnal agenda.

Approved By:

~ air, P.E. If DiT ctor of Public Works

Attachment

411 Elm St., 4th Floor Dallas, Texas 75202 (214)653-7151

82 Page 1 of2

TIGER Welcome Iharrisd96 1 [Log Out 1

GRANTS

About Create Pre-App!ication EdiUView Pre-Application Change Password -1_ tnstwciiO~S ] 1~1

UPDATE Pre-A lication Cancel Applicant Information

TIGER 10, Iharrisd9690168 DUNS: :785945874

Applicant Organization Name: ~a~! __ ~_~unty Public Works

First Name:! Alberta MI: last Name:! Blair

Applicant Contact Street Address:

Applicant Contact City:

Applicant Contact State:

Applicant Contact Zip:

Applicant Contact Phone:

Phone Ext:

Applicant Contact Email:

411 Elm Street

Dallas ---------

TX-TEXAS

75211

5 digit zipcod ..

214..£53-7151

e.g. 202-555-5555 or{202)555-1212

'6417 ,-------------.---'

Eligibility Category of the Applicant: Local_G_~~~:_

If Other, describe your organization:

CoApplicantOrganizationName: ._~i~.~f ea.~~~. ______ _ CoApplicant Type: ,local Govt.

Project: Information

Project Name: Bonnie View Road Project Description:

Nearly two miles of roadway and widening impl:ovements ad planned BNSF intermodal Eaci

Please try and limit to 50 words

Have you submitted a TIGER or TIGER II application forthis project in the past?: No

Total amount of TIGER funds requested:$ 12000000 e.g. 20,000,000 or 20000000

Total amount of non·Federal funds committed to the project: $ :6000000

a.g. 20.000,000 or 20000000

Total Project Cost: $ 18000000 ... g. 20,000,000 or 20000000

Cities Impacted by Proposed Project:

Counties Impacted by Proposed Project: Dallas County

Is the Project Multimodal?: : No

Primary ProJectType: 'Roa9~_9_§'!:!'?_~ _____ .

Secondary Project Type: £~t _____ _ Additional Project Type Information: Other

Is any segment of this project located in a census deSignated Urbanized Area?: i No

econstruction acent to ity within the

Is any segment of this project located in an Economically Distressed Area as defined under 42 U.S.C. 3161 §301(a)?: Yes

Does the appllcant have a Federal Wage Rate Certificate?: L No __

NEPA Status is: Unknown

NEPA Comment:

Could be elgible fOL- FONSI since widening existing roadway

Is this project funded with at least 20% in non-Federal funds? (Rural projects do not require a 20% non-Federal match): _ ~.~~ __

Project Start Location Latitude: 32,87387 a.g. 38.55555

Project Start Location Longitude: -96.89741 9.\!, ·77.55555

http://tiger3preapp.deloitlefed. co m/PreA pp Ed i t .aspx 1Q/3/20 1 I

Project End Location Latitude: (NA if s;ngle location)

Project End Location Longitude: INA if single location)

83

32.89719 e.g. 38.55555

-96.89724

0.1/.·77.55555

Is this project included in the relevant STIP and TIP plans?: No . ~_

If no, anticipated date of inclusion in revelant STIP and TIP plans is: 4/30/2012

Will this project require right of way acquisition befo:~e_c:;_~:mstruction can begin?: YeS-If yes, anticipated date of acquisition is: 4/30/2013

Will this project require additional design before construction can begin?: l Yes

If yes, anticipated date of design completion is: 1/31/2013 Will this project require approval of any additional plans 'or certific"tions before construction can begin?:

Yo, If yes, anticipated date of plans and/or certifications approval(s): L.!~31/2013 ____ ..

Will this project be ready for construction by 30 June 2013?:

On what date will all segments of t,hi~ p~~ject be ready for construction?:, ,_~/30~3.013

Primary Proposed Project State: ; TX-TEXAS __ "'~,,~~_. _____ ~, __ "_._._ Primary Congressional District: : TEXAS - 30th District

Additional ProjectState1: i Select aJ...S'~at~'~. ----------4 'I Additional ProjectState3: i Sele'Ct~~Sta~~

Additional ProjectState5:! Select a State .. I Add Add;ti.onal Congressional Districts: Yes N'o UPDATE Pre-Application Cancel 1~J.

Additional ProjectState2: . ~!3~e:~,~s.!ate.c. ____ _ Additional ProjectState4: S.e~eE~_§tate.~ ____ _ Additional ProjectState6: ! Select a State ..

http://tiger3preapp.deloittered . com/PreA pp Ed it. aspx

Page 2 of2

10/3/2011

84 Page I of2

I j'RGEIC-I GRANTS PRE-ApPLICATION,

Welcome !hau-risd961 [log QlJ!]

I r-Hom_e_~_A_b_o_~~~I~~~::~e pn'.!-APPliCatiOrl_I EditMew IPre-APPliCa~j~;I-~r Change password~ __ in~t"~~f~;:;-:--'--"f 12J UPDA IE P,e-A lication Cancel

Appiicarrrt Information

TIGER 10, Iharrisd9677264 DUNS: i785945874

Applicant Organization Name: Dallas County Public Works

First Name:; Alberta --- ------- ---- MI: ------, last Name; Blair

Applicant Contact Street Address: 411 Elm Street

Applicant Contact City: Dallas Applicant Contact State: TX-TEXAS

Applicant Contact Zip: 75211

5 digit zipcoda

Applicant Contact Phone: 214-653-7151

a,g. 202-555-5555 or (202)555-1212

Phone Ext: 6417

Applicant Contact Email: JTo~~~@~~_~~_c::.::'~_,"!_~9.!:~L Eligibility Category of the Applicant Local Govt.

If Other, describe your organization:

CoApplicantOrganizationName: City of Dallas -- ----------

CoApplicant Type: : Local Govt.

Project Information

Project Name: Denton Drive Project Description:

,Nearly two miles of roadway reconstruction for improving mul t imoda 1 access to DART

Rail Transit Stations, local _., ______ --> ______ ~, __ ., '.1-. ,,~_t. __ _

Pla"sa try and lim;t to 50 words Have you submitted a TIGER or TIGER II application for this project in the past?: No

Total amount of TIGER funds requested:$ 15000000 ... g. 20,000,000 or 20000000

Total amount of non-Federal funds committed to the project: $ 6000000

a,g, 20,000,000 or 20000000

Total Project Cost: $ )1000000 ... g. 20,000,000 Of 20000000

Cities Impacted by Proposed Project: Dallas

Counties Impacted by Proposed Project: Dallas _C:0unt~,,,,_,, __

Is the Project Multimodal?:

Primary Project Type:

Secondary Project Type:

Additional Project Type Information:

Ye,

R_?_~5!_ a_0_?_~r~~~L~ __ ... __ ,,_ ~~icyc~ __ ~0_?_~~_~~_~t~~~,0,_ Transit

Is any segment of this project located in a census designated Urbanized Area?:' Yes

Is any segment ofthis project located in an Economically Distressed Area as defined under 42 U.S.C. 3161 §301(a)?:: Yes

Does the applicant have a Federal Wage Rate Certificate?: No NEPA Status is:

NEPA Comment:

Unknown

could be elgible for FONSI since widening existin9 roadway

Is this project funded with at least 20% in non-Federal funds? (Rural projects do not require a 20% non-Federal matCh): Yes

Project Start Location Latitude: 32.85227 a.g.38.55555

Project Start Location Longitude: -86.87628 "_\1._77 55555

http://tiger 3preapp. deloi ttcfed _ com/PreA ppEdi t. aspx 10/3/2011

Project End Location Latitude: (NA if single location)

Project End Location Longitude: (NA if single location)

32.87924 e.g, 311.55555

-96.88304 e.g. ·77.S5555

Is this project included in the relevant STIP and TIP plans?: No

85

If no, anticipated date of inclusion in revelant STIP and TIP plans is: 4/30/2012

Will this project require right of way acquisition befor~ ,?on.st_ructio.n can begin?: Yes

If yes, anticipated date of acquisition is: 6/30/2013

Will this project require additional design before construction can begin?: :_'(e~

If yes, anticipated date of design completion is: 4/30/2013 Will this project require approval of any additional plans or certifications before construction can begin?:

:Yes

If yes, anticipated date of plans and/or certifications approval(s): :4130!30~~ __

Will this project be ready for construction by 30 June 2013?: Yes

On what date will all segments of this project be ready for construction?: 6130/2013 Primary Proposed Project State: ! iX-TEXAS-- ----- -- - -- ,.~_~=-,~-:-

Primary Congressional District: ~~~~~? :.~2nd D~~

Page 2 of2

Additional ProjectState1: ~_el~~~ __ §tate . .:.. ____ ~ ____ ~ ___ Additional ProjectState2: Select a State.. I Additional ProjectState3: L§~~e~!_~ __ ~!~.:~_~ __ ,,_ -.-.--------- -OJ Additional ProjectState4: _S.~!~_~~!~ _____ .____ j J Additional ProjectState5:! Select a State.. Additional ProjectState6: 'Selecl a State ..

,A~dodcAod""d"i'";o"n"a"ICcCoCn"g.,"e"s"s";oCn"a"ICD~---i"s"""ice'es"'_v .. e.sJN.o"-________________________________________________________________________ __

UPDATE Pre-Application Cancel 12~

http://tiger3preapp.deloi ttefed. com/Pre A p p Edi t. as px l.O/3/20 11

86 Page I of2

I flGEI I GRANTS

-, Welcome !harrisd96! [1Qa.Qllil I

ir-__ -. __ II Hom' __ A_b_O_U_!_J __ c_,_e_a_!e_p_,_e"_A~p_P_'_i'_S_'_io_n_...i_EditNiew Prs.A(Opiication

1~3

I UPDATE Pre-A

Change Pssswoed "T" Instcu,tio;;,;::] I lication Cancel

Applicant Il1formation

nGER IDi Iharrisd9667234 DUNS: '785945874

Applicant Organization Name:

First Name: iAlberta

Applicant Contact Street Address:

Applicant Contact City:

Applicant Contact State: Applicant Contact Zip:

Applicant Contact Phone:

Dallas County Public Works -,---------=_~ __ MI: last Name: j Blair

411 Elm Street

Dallas --_ .. _-,-

TX-TE-"XAOOSC--

75211

5 digit zipcod&

214-653-7151

e.g. 202-555-5555 or (202)555_1212

Phone Ext: 6417

Applicant Contact Email:

Eligibility Category of the Applicant: If Other, describe your organization:

CoApplicantOrganizationName: .~i~y of Dalla~~~·':~.~~~'---j; CoApplicant Type: : Local Govt.

Project Information

Project Name: IH 35E Frontage Roads Project Description:

Nearly two miles of new frontaae roads along IH 358 improv_i.ng mobility, access and economIc development 0pp0l:'tunities. Also "_~~,' •• ,..,~~ ,._'-,---'~ ~"_'"_~' c>_ -, ~_~ .0"".,1.._, _ •• _'l_

P!eas .. try and limit to 50 words

Have you submitted a TIGER or TIGER II application for this project in the past?: No

Total amount of TIGER funds requested:$ 12000000 ... g. 20,000,000 or 20000000

Total amount of non·Federal funds committed to the proje_ct: $ [3000000

O.g. 20,000,000 or 20000000

Total Project Cost: $ : 15000000 a.g. 20,OOO,OOtl or 20000000

Cities Impacted by Proposed Project: 'Dallas

Counties Impacted by Proposed Project: pallas C:~~nty,---__ _

Is the Project Multimodal?: ; Yes

Primary Project Type:

Secondary Project Type:

Additional Project Type Information:

f3~,~9 _~nd Br!99_~_. __ _ ! Bicycle_~.~_~_Pedestri~

Other

Is any segment of this project located in a census designated Urbanized Area?:: Yes

Is any segment of this project located in an Economically Distressed Area as defined under 42 U.S.C. 3161 §301{a)?: Yes

Does the applicant have a Federal Wage Rate Certificate?: L~.? ___ _ NEPA Status is: ~~~ Cor~2_e.~e_t.§:

NEPA Complete

NEPA Comment;

Is this project funded with at least 20% in non·Federal funds? (Rural projects do not require a 20% non-Federal match): Ye,s

Project Start Location Latitude: 32.87387 e.g. 38,55555

Project Start Location Longitude:

http://ti ger 3 prcapp" deloi ttc fed" com/PreA p pEdi Laspx 10/3/2011

Project End Location Latitude: (NA if single location)

Project End Location Longitude: (NA if single location)

87

32.89719

... g.38.55555

-96.89724 ··9,·77.55555

Is this project included in the relevant STIP and TIP plans?: !_N_O __________ _

If no, anticipated date of inclusion in ravelant STIP and TIP plans is: i 4/30/2012

Will this project require right of way acquisition beto_ra c:;onst.ru_c_ti0rl_~an begin?: No

If yes, anticipated date of acquisition is:

Will this project require additional design before construction_can beQin?: j yes If yes, anticipated date of design completion is: 12/31/2012 Will this project require approval of any additional pl~ms or certificatiomi'- before construction can begin?:

Yes

If yes, anticipated date of plans and/or certifications approval(s): : 12e.212012 _~. __

Will this project be ready for construction by 30 June 2013?: Yes ____ -:'~i

On what date will all segments of this project be ready for construction?: _6/30f~013_

Primary Proposed Project State: i_I~-TEXAS, __ ., __ ,._," Primary Congressional Distri~t: 'TEXAS - 32nd District

Additional ProjectState1: LSelect a S~a.~_.-_____________ - . Additional ProjectState2: Sel~~~State.. _______ ,_~.

Additional ProjectState3: L?~!~_~a~~~~t~~~ _______________ . Additional ProjectState4: Select a State ..

Additional ProjectState6: Select a State .. Additional ProjectState5: it Select a State .. Add Additional Congressional Districts: Yes No UPDATE Pre-Application i.V

h tip :/lti ger3preapp _ delo i tlefed _ com/PreAp.p.Edit. aspx

Page 2 of2

1 013/20 1.1

88

DALLAS COUNTY COMMISSIONERS COURT DEPARTMENT OF PLANNING & DEVELOPMENT

October 12, 20 II


FROM: Rick Loessberg, Director of Planning & Development /fiI'I"... SUBJECT: Tax Abatement Proposal for Kohl's

BACKGROUND

Kohl's is in the process of finalizing the selection of DeSoto over a number of other locations outside of Dallas County for the site of a new e-commerce fulfillment facility. To help facilitate the selection of the DeSoto location, the County has proposed providing a 75% abatement on reallbusiness personal property. So that this abatement offer can officially be presented to the Commissioners Court for consideration, the following briefing material has been prepared.

DESCRIPTION OF PROJECT

The project involves constructing a new facility at the Crossroads Trade Center (I-35 and Centre Park Boulevard) that will contain about one-million-square feet. It is projected that this facility, along with its equipment and non-freeport inventory, will increase the County's tax base by approximately $60 million. In addition, at least 200 full-time permanent jobs will be created, and about another 200 FTE seasonal part-time positions will also be created. This combination of investment and job creation thus makes this one of the largest abatement projects that has yet occurred in the southern portion of the County.

Construction on this project is to proceed almost immediately and is to be completed so that the facility can become operational by July 2012.

IMPACT ON OPERATIONS

This project is considered to be a new construction project under the County's abatement policy. Such projects, when located within an under-utilized area as is proposed in this situation, are eligible for consideration when, within three years, they increase the County's tax base by at least $10 million and create at least 200 new jobs. As the project is expected to create 400 new jobs and increase the County's tax base by at least $60 million, the project is eligible for consideration.

411 Elm Street, 3m Floor, Room 313 Dallas County Administration Building

Dallas, Texas 75202·3301 email: [email protected]

Telephone: (214) 653-7601 Fax: (214) 653-6517

89

IMPACT ON FINANCE

The proposed incentive would go into effect Jannary 1, 2015, provided the project has created 200 new fnll-time jobs and 200 FTE part-time jobs and increased the County's tax base by at least $60 million.

The anticipated $60 million increase in the County's tax base will result in the County abating about $109,400 a year in tax revenue that does not presently exist while simultaneously collecting about $36,500 in new revenue.

The project would also increase the estimated total amount of property that the County would abate in tax year 2015 from approximately $505.6 million to $550.6 million. However, this $550.6 million figure is still substantially less than what it was in the years before 2008 (it was $1.3 billion in 2007), and the total percentage of the County's tax base that is projected to be abated in 2015 will continue to remain at about 0.3%.


As the County's strategic plan specifically recommends that the County collaborate with other entities to help promote economic development and that the County be the destination of choice for businesses and residents, this incentive request, which will help facilitate one of the largest economic development projects yet undertaken in the County's southern half, is consistent with the County's plan.

RECOMMENDATION

It is recommended that the County provide a ten-year, 75% abatement on real/business personal property for the construction of an e-commerce fulfillment center in DeSoto for Kohl's.

cc: Virginia Porter, Auditor John Ames, Tax Assessor/Collector Ryan Brown, Budget Officer Sharon Welhouse, Ryan LLC Bill Moorelill1d, Kohl's Tom Taugher, Kohl's

90

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

October 13, 2011


THROUGH: Ry~rown, Budget Officer

FROM: Office of Budget and Evaluation Staff

SUBJECT: Conference/Travel/Training Requests

The following departments have requested approval for Conference/Travel/Training. The requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

Elected Officials/Departments notifying Commissioners Conrt of Conference/Travel/Training fnnd requests that do not require Commissioners Court approval under State Statues

No Request Submitted

Elected Officials/Departmeuts requesting Conference/Travel/Tmining approval for funds that have Commissioners Court authority

DISTRICT CLERK - requests approval for additional funds to pay for Maria Sanchez's travel to the Court Technology Conference from October 3 - 6, 2011. The total amount requested for reimbursement is $76 for parking and $304.60 - hotel room. Funding is available in the District Clerk Records Management Fund 532.4020.94081.

OFFICE OF INFORMATION TECHNOLOGY - Previously briefed on October 4, 2011 to correct training date from November 4, 2011 to November 3, 2011. IT Services is requesting the following six staff to attend Oracle HCM Users Group (OHUG) Regional Series which will be held in Dallas, TX on November 3, 2011. (Brett Taylor, Carlos Blanco, Gregg Borders, Ping Huangfu, Kumar Peruka and Phanindra Saraswathamma). Registration fee is $70 per person for a total of $350. OHUG provides its members with in-depth training sessions from industry

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363. Fax (214) 653-6517 • rlwatkins(iildallilscounty.org

9 1

experts, along with the opportunity to share experiences and best-practices information with colleagues implementing and using Oracle applications. OHUG also enables .users to interface directly with Oracle executives, product managers, aud development, gaining knowledge about new functionality directly from the source and ultimately influencing the future direction of the entire Oracle HCM product suite. A total cost of $350 is requested for the conference, funding source 195.1090.2460 (IT Budget FY2012- Training). Recommended by the Office of Information Technology.

PUBLIC DEFENDER OFFICE - requests approval for Lynn Richardson to attend the Indigent Defense Symposium from October 27 - 28,2011 in Austin, Texas. The total estimated cost is $530 (hotel, mileage, and food). Funding is required from Unallocated Reserves.

COUNTY CLERK -- requests approval for John Warren, Edward Bailey, and JaRhondaLynn Cameron to attend the Region V - County and District Clerk Meeting in Waco, Texas from October 19-20, 2011. The total estimated cost to attend is $570 ($110 - mileage, $280 - hotel, $165 - food, and $15 - registration fees $5 per person). Funding is available in the County Clerk Records Management Fund 532.4031.2050.94009.

PUBLIC WORKS - requests approval for John Mears, Assistant Director, to attend the TACERA Conference in San Antonio, Texas October 25 - 27,2011. The total estimated cost to attend is $490 ($250 - hotel, $135 - registration fees, and $100 - food). Funding is available in the department's DDA.

OFF'ICE OF HOMELAND SECURITY & EMERGENCY MANAGEMENT - requests approval for Larry Thompson to attend the Region 5 Clerks Conference in Waco, Texas on October 19, 2011. A county vehicle with a gas credit card will be used for transportation. There is no additional cost for staff to attend.

FIRE MARSHAL - requests approval for Michael Simmons, Assistant Fire Marshal, to attend the International Association of Emergency Managers Annual Conference in Las Vegas, Nevada from November 10 - 18, 2011. There is no cost to Dallas County for staff to attend.

Notifving Commissioners Court of Conference/Travel/Training funds used by Grant Programs

DISTRICT ATTTORNEY - requests approval for Carla Bean to train law enforcement officers, prosecutors and advocates on the new legislative laws as it pertains to sexual violence in Austin, Texas from November 3 -5, 2011. The total cost to attend is $397.50 ($245 - airline ticket, $170 - hotel, $53 - food, and $15 - parking). Funding is available in the Regional Training grant #1342914.6001.

SHERIFF - REQUESTS approval for the following:

• Jerry Allen, Lawrence Smith, Chris Havey and Torrance Clemmons to attend TAVTI Annual Training Seminar in San Marcos, Texas from October 16 - 21, 2011. The total estimated cost for staff to attend is $4,220 ($2,500 for 4 people at $125 x 5 days, $780 - food reimbursement, $700 - registration fees, and $240 - parking). Funding is required from the Auto Theft Task Force Impress Petty Cash Fund to fund the travel.

• Walter Clifton and Lawrence Smith attended the Complex Crimes Investigation School in San Marcos from July 31- August 5, 2011. The total cost was $1,460 ($1,000- hotel, $390-

92

food, and $70 - parking). Funding is available in the NT A TIF grant #5600. Funding is required from the Auto Theft Task Force Impress Petty Cash Fund to fund the travel.

HEALTH AND HUMAN SERVICES - requests approval for the following:

• Zachary Thompson and Dr. Steven Wilson to attend the TB Investigation at Ennis High School from October 3-31,2011. A county vehicle with gas credit card will be used.

• Mileage reimbursement in the amount of $7,380 for staff traveling to Ennis High School Testing on October 3 - 31,2011. Staff: Medhanie Tsehaie, Gerald Barnett, Susan Kent, Francine Esparza, Robbie Bradfield, Mayuri Patel, ShaRon Gaut, and Barbara Kuntz. Funding is available in TB Clinic grant #5216.

• Wendy Chung, MD to attend the Society for Healthcare Epidemiology of America (SHEA), HAl Regional Training in Austin, Texas from November 3·- 5,2011. There is no cost to Dallas County for staff to attend. Travel is related to the RLSS Local Public Health System grant #8712.

• Dr. Edward R. Bannister to attend the State Laboratory Director's Conference in Austin, Texas on November 6 - 8, 2011. The total estimated cost to attend is $596.42 ($247 -mileage, $250 - hotel, and $100 - food). Funding is available in grant the PHEP - LRN grant #8720.

• Dr. Jennifer Jones to attend the American Public Health Association (APHA) Annual Meeting/Health Communities Promote, Health Minds & Bodies in Washington, DC on October 29 - November 2, 2011. The total estimated cost to attend is $2,848 ($692 -airfare, $20 - mileage, $931 - hotel, $30 - rental car, $755 - registration fees, $370 food, and $50 - parking). Funding is available in grant the Strengthening Public Health InfraStructure for Improved Health - grant #8903.

• Jamie Burgess, Shunta Porter, Bridgett Smith, Ebony Washington, Callie Williams, Tammara Scroggins, and Patricia Cook to attend the Texas Vaccines for Children/Dallas County Training in Arlington, Texas on October 20,2011. The total estimated cost to attend is $97. Funding is available in grant the Immunization Local grant #8708.

93

October 18, 2011

TO:

FROM:

SUBJECT:

Commissioners Court

Ryarown, Budget Officer

Hiring Freeze

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 2012. Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time). Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notify Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill the position. .

For October 18, 2011 two (2) Elected Officials and one (1) Department Head desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".

District Clerk - The Tax Office desires to notify Commissioners Court of their intent to fill the following positions prior to the expiration of the "rolling 90 day hiring freeze": a) three (3) Clerk III, grade 7, position #s 3662, 3605, and 7761; b) three (3) Clerk II, grade 6, position #s 341, 3673 and 3693; and c) Accounting Clerk r, grade 6, position #5659. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $60,379 in savings opportunity.

County Clerk ~ .. The Tax Office desires to notify Commissioners Court of their intent to fill the following positions prior to the expiration of the "rolling 90 day hiring freeze": a) Assistant Manager, grade C, position #6387; b) Clerk II, grade 6, position #606; and c) Clerk r, grade 5, position #6885. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $28,525 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 • Fax (214) 653-6517 • rwbrown@)dallascounty,Q!£

94

Department Heads requesting Commissioners Court approval to fill a position before the expiration of the "rolling 90 day hiring freeze".

Juvenile Services - The Juvenile Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for a Secretary, grade 6, position #7567 working in the Field Probation District 9 office. This is the only secretarial/support staff in a field office with eleven (11) probation officers, one (1) supervisor and one (1) assistant supervisor. Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $8,412 in savings opportunity.

95


DATE: October 12, 2011


THROUGH: Ryan Br~ndget Officer

FROM: Ronica L. Watkins, Assistant Budget Officer

SUBJECT: Rationale for Same Date Briefing and COlll't Order

The Texas Task Force on Indigent Defense is requesting grant applications for the FY2012 Formula Grant Program. The grant requires that each grant application must include authorization for the submission of the grant application. All applicants are required to complete and submit an online complete grant application by October 28, 2011. The required quick turnaround of the submission necessitates the same date briefing and Court Order. A timely approval is essential, therefore, the referenced briefing and Court Order will be presented during October 18, 2011 Commissioners Court.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6448 • Fax (214) 653-6517 • [email protected]

96


October 12, 2011

To:

Through:

From:

Subject:

Commissioners Court

ROrown B~~e~Officer Ronica L. Watkins Assistant Budget Officer

Dallas County State of Texas - Task Force on Indigent Defense Formula Grant (Court Order Same Day)

BACKGROUND The State of Texas Task Force on Indigent Defense has notified Dallas County of a Request for Applications (RFA) for FY2012 Formula grant program. Formula grants are provided by the Task Force on Indigent Defense to help the Task Force meet its statutory mandates and to promote Texas counties' compliance with standards adopted by the Task Force. The deadline for submission of the grant is October 28, 2011. The purpose of this briefing is to provide Commissioners Court a recommendation concerning the submittal of the grant application.

OPERATIONAL IMPACT The Texas Legislature has made this funding available to improve the indigent services in Texas. The Task Force distributes funds to counties through a formula that sets a $5,000 floor per grant with the remainder based on the county's percent of population (estimated by the Texas Data Center in the preceding year) multiplied by the Task Force's remaining budgeted amount for formula grant. Counties must meet minimum spending reqnirements to qualify.

Strategic Plan Compliance The reimbursement grant is consistent with the County's Strategic Plan and specifically impacts the following Vision 3) Dallas County is safe, secure and prepared.

FINANCIAL IMPACT The total amount available under this formula program is $12 million. Dallas County is eligible for an indigent formula grant estimated to be $1,054,157 (based on previous year award). The grant period for this application is October 1, 2011 - September 30, 2012. All expenses must be incurred and/or obligated during this time period.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363. Fax (214) 653-6517 • [email protected]

97

RECOMMENDATION The Office of Budget and Evaluation recommends submittal of the on-line grant application to the Texas Task Force of Indigent Defense, and recommends authorizing the County Judge to sign all documents on behalf of the Commissioners Court.

98

October 18, 2011

MISCELLANEOUS

1) DISTRICT CLERK - requests approval to use OOA funds, in the amount of $200, for a Criminal Court Staff Luncheon on October 12, 2011, and requests an additional $12 to pay for the Judicial Luncheon briefed on September 27th, Recommended by the Office of Budget and Evaluation.

2) PLANNING & DEVELOPMENT - requests approval to pay annual membership dues to the American Society of Civil Engineers for Abel Saldana, COBO Project Engineer, effective January 1,2012 - December 31, 2012. The membership fee is $265. Funding is available in CDBO Dnes & Subscription Registration (466.0000.2080.2012.0000.00000.9387). Recommended by the Office of Budget and Evaluation.

3) SHERIFF - requests approval:

a) to remove equipment from a wrecked unit and install equipment in a replacement unit for the Traffic-Fleet Division. The strip and removal of the equipment has a cost of $947. Installation of emergency equipment in the new unit has a cost of $2,300. Replacing the emergency lights and bumper has a cost of $239. The total cost of the labor is $5,392. Funding will come from Federal Forfeiture funds (532.0.2590.0.0.91002.0.0). Recommended by the Office of Budget and Evaluation.

b) to install gun racks needed for use in vans for the Transportation division. The installation cost for 13 gun racks has a cost of $975 ($75 each). The labor cost is $728 ($56 each). Total cost of labor and installation of the gun racks is $1,703. Funding will come from Commissary funds (532.3151.2590.0.91046.0.0). Recommended by the Office of Budget and Evaluation.

4) FACILITIES MANAGEMENT - requests approval for reduced parking for volunteers on Thursday, November 10,2011 from 3:30pm to 6:30pm as the Dallas Association of Young Lawyers and the Civil District Judges are hosting a voir dire seminar for young attorneys and are asking that college and high school students serve as "jurors" for the event. The organizution has requested a reduced parking rate of $3 for the approximately 120 students expected to attend. Recommencled by the Office of Budget and Evaluation.

10118111

99

5) PUBLIC WORKS - requests approval:

a)

b)

to host a Utility Breakfast Partnering Workshop on Wednesday, November 16, 2011 in the 4th Floor Conference Room of the Administration Building. The estimated cost of providing the breakfast is $75 and will be funded out of Public Works DDA (196.2010.2230). Recommended by the Office of Budget and Evaluation.

to continue to participate in the North Central Texas Council of Governments' Regional Public Works Program. The total cost of participation is $3,353 and will be funded out of the Public Works budget 196.2010.2080 (Dues and Subscriptions). Recommended by the Office of Budget and Evaluation.

6) AUTO SERVICE CENTER .- requests approval to replace the following ears. FA496 was wrecked, FD395 and FD673 are no longer economical to repair and need to be replaced. Recommended by the Office of Budget and Evaluation.

• FD395 2FAFP72W43X114760 replaced with CE852 2FAFP71 W75XI48596 • FE673 2FAFP71V58XI46535 replaced with CE991 2FAFP71V48XI46591 • FA496 2FAFP71W94X156858 replaced with CE802 2FAFP71W03X114741

7) IT SERVICES - requests approval to engage the professional services of NetApp/FreeIT to come on site and conduct a formal assessment of the current server backup procedures of IT Services and provide recommendations for implementing best practices. Funding in the amount of $35,766 is available within the IT budget 195.1090.5590 (Other Professional Fees). Recommended by the Office of Budget and Evaluation.

8) DIVERT COURT - requests approval to utilize $20,000 for sober living transitional housing for DIVERT Court participants. Participants receive assistance generally for 30 days (unless extenuating circumstance requires participants to stay for a longer period not to exceed 60 days). Each participant receives on average $400-$550 which covers room and board for 30 day period. The transitional housing activity is a main program component. There was estimated $10,000 (benefitting 17 participants) spend on this program during FY20 II. FLmding is available in DIVERT Court Escrow Account (532.94052) for FY 2012.

9) DISTRICT ATTORNEY - requests Commissioners Court authorization to double-fill a Legal Secretary, grade 10, position #7250 until January 16, 2012 (13 weeks) at a cost of $13,954. The District Attorney's Office desires to donate $13,954 to the Sheriffs Office for their usage on law enforcement related expenses. Recommended by the Ot1lce of Budget and Evaluation.

10/18/11

100

TELECOMMUNICATIONS

Commuuity Supervisiou & Correctious-West Office - M1210011 - requests single line phone for supervisor. Equipment $43.00; Installation $0.00; Recurring Cost $0.00 -Recommeuded

Criminal Justice-Jail Diversion - M121000S - requests long distance code for Ruben Villegas. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Health & Human Services - Section S/Housing - M1210007 - requests multi-line phone for case worker on 7th floor. Equipment $67.00; Installation $0.00; Recurring Cost $0.00 -Recommended

Public Defenders - M1210010 - requests long distance code for Dianna McGee. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Sheriff-Intelligence - P1210002- requests 16 data drops, 8 voice drops and 3 phone instruments for the reconstructed Intelligence office. Equipment $228.00; Installation $4800.00; Recurring Cost $0.00 - Recommended Funded by Sheriff Federal Forfeiture

Sheriff - Warrant Execution - requests: M121000S - long distance code for James Yarbrough - Warrant Execution Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

M1210012 - two voice drops fax, phone line and phone instmment in the reconstructed room for secretary. Equipment $76.00; Installation $400.00; Recurring Cost $0.00 -Recommended

D1210002 - data drop in reconstructed room for secretary. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

101I81I1

1 0 1

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

(1) DEPARTMENT: ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(2) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

10118111

Juvenile Department 1 - Arm Chair (Green) 7 - Side Arm Brown Chairs 4 - Chairs (Blue) 1 - Courtroom Bench o Surplus Surplus The Juvenile Department requests approval for the listed items from surplus warehouse. The items are needed for the court. Recommended by the Office of Budget and Evaluation.

County Auditor 1 - Filing Cabinet (5-drawer, legal) o Surplus Surplus The County Auditor requests approval for the above listed item to be transferred from surplUS. The item is needed for audit work papers. Recommended by the Office of Budget and Evaluation.

Miscellaneous Equipment October 18, 2011

Actual involnd ammmts may dCYL"le b} u~ to So from lhe amounts bled \\ahoul 'ldJ,t;Qnai Commissioners Court AutnonzalH.m

Exp. Qty

Drpartm.'~!1t Fundin~ Code Reco!!!.. Item Description

County Court ilt Law #3 2 County Court at Law 114

3 Facilitlcs i\1anagcmcnt

4 Facilities "!\,fanag::ment

5 Health ;llld Hilman Sefvi::es

Health and Human S::rVlCc.s

7 Health ~nd !-lU!1lill1 ScrY1CeS

8 Health 3118 Human SClI'ices

9 Health and HUl113n Sell'iees

10 Health and Hllm~n Service's

It He31th and Human Scrvicc.s

12 HeJlth and Human Sen'ices

13 Office ofInfonnation Tcchno!ob')'

14 Office of InfonnatlOn Technology

15 Office onnform~ti()n Technology

16 Office ofInform~tion Technology

17 Office of Information Tcdmology

18 Sheriff

19 ~het'lH. l)dentlons 20 Sheriff-DetentiOns

21 Sheriff - Dctcntions

22 Sheriff - Ddentions

2J Shenff - Photo L~b

24 Sheriff - Tmnsportation

25 District Clerk

26 luvcnde DcpartlTI~nj - YOllih \'dbgc

120.9940.8410

DDA Within Budget

Within Budget

HIY Sun'eillance Grant

Hrv SUlI'eil!ance Grant

HIY SUll'eiUance Gr3nt

HlV Surveillance Gr3nt

my Surl'el1l3nCc Grant

1201024.2160

12045042230

120,1024,2160

120.1022.2670

466.2090,2011.8703

466,20902011.8703

466.2090,20] 1.8703

466.2090.2011.8703

466.2090.2011.8703

Ryan White FIN/AIDS Grant 466.2095.201165502

Ryao 1Nhite HIV/AIDS Grant 466.84102011.65502

Ryan White HIViAIDS Grant 466.8410,201165503

Hardware Refresh

Hardware Refresh

Hardware Refresh

Hardware Refresh

Within Budget

County Clerk Records Mgmt

Commissa!)' Fund

Federal Forfeiture

Federal Forfeiture

Federal Forfeiture

Within R1.1dget

195,2093.92055

j95.2093.92055

195.2093.92055

195.2093.92055

195.1090.2690

jj2Jl)\ 2160.9i046

532.2090.91002

532.2090,91002

532.2090,91003

120.3126,2930

COmmlss3ry Fund 532.3151.2590.91046

District Clerk Records Mgmt 532.4010.21310 94083

Juvenile - Youth Village 1205117.7020

2

2

1

2

30

6

1 8

3 18

15

2

13

4

Low-volume, Cross-cut Shredder

2012 Daily Journal

Low-volume. Fax Machine

Sewage PUmp

Table

Chairs

Chairs

Secunty Key Cabinet

Briefcase

I T' Desktop Pnvaey Filter

Bookcase (m~hogany, 5-shdf)

Monitor Stand

Panduil Horizontal Cable Management

APe Smart UPS w!Network Card

1lliS Cable Management Tools

DelllP KVM Switch

Roll of Velcro Tape

Dell Desktop Computer

Task Chairs wlrh arms

Box Lockers

Box Lockers

Shipping for Box Lockcrs

TTL Flash Gun rack wnh lock head, switch. time.r, fuse

All-in-one printer

Konica \1ino!ta Bizh\lb 363 - 60 month lease

Unit Cost

380

97

387

3,342

400

360 360

110

130

175 175 115

61 1,230

576

2,314

25 1,000

300

430

175

499

479 239

270

114

Total Cost

380

97

387

3,342

400

720

720

110

260

175

175 115

1,830

7,380

576

18.512

75

18,000 4,500

2,150

175

499

958 3,107

1,080

6.856

R=Repl.

N"'New

R N R

N R R

R

R R

N R

N N N

N R

N

N N N N N N N N R

Jnstific~tion

Needed to replace a broken shredder

Needed for the Court Reportel

Needed to replace a broken fa); machine

Needed to un-dog $ew~ge lines in the jalls

Need to replace broken/worn out items

Need to replace broken/worn oll! Items




Needed to keep data confidcnti31

Needed to replace worn oul furniture

Needed for ergonomical purposes

Needed to organize data cabling ill l1etv,"ork racks

Needed in network closets at FCCeB and GACB Needed to organize data cabling in !-IHS network closet

Needed for use in Records and HHS data centers

Needed for use in cabling network closets

Needed for Sheriff to track c,jlatJOns In Odyssey

Needed for Detentions personnel

Needed for detention staff to hold personal items

Needed for detention staff to hold personal items

Shipping for above listed items

Need for Sheriff and DA photo prints Needed for ja~ transportation vans

Needed for Crimina! Operations

CUrrent copier lease expired September 30, 2011

-'

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