COURT ORDER - Dallas County...transfer of funds for payment for Elections is hereby approved for the period of December I, 2012 through December 31, 2012. FURTHER, the issuance of

COURT ORDER

DATE: November 27, 2012

ST ATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas held on the 27th

day of November, 2012 on motion made by Jolm Wiley Price, Cormnissioner of District 113

and seconded by Mike Cantrell, Cormnissioner of District_II_2 __________ , the following

order was adopted:

WHEREAS, it is determined that certain procedures must be followed with regard to Dallas County Funds

WHEREAS, this action supports Vision I of Dallas County's Strategic Plan, and

IT IS HEREBY ADJUDGED, DECREED, AND ORDERED by the Dallas County Commissioners Court that the Dallas County Treasurer is hereby authorized to transfer funds and/or issue the described Dallas County checks and authorized Payroll Direct Deposits, as well as other checks herein described, for the period December I, 2012 through December 31, 2012:

• Bi-weekly payroll for December 7, 2012, and December 21,2012. • Payroll for Election workers.

FURTHER, the issuance of individual checks for replacement of Commissioners Court approved lost, stolen, stop payment, or incorrect payroll check(s) or payroll Direct Deposit due to a specific mistake by the County Treasurer, County Auditor, or Data Services Department, only; refunds on erroneous deductions made during a previous pay period; specified legally required payroll checks for former employees of Dallas County and workers compensation payments as agreed by the County Treasurer and County Auditor; reimbursement of the Dallas County Tax Collector for funds transferred to the Dallas County Treasurer for tax payments which were overestimated and/or not due to Dallas County; transfer of funds wire transferred to Dallas County which were inadvertently placed in incorrect funds; transfer of funds and electronic wire transfer and/or check payments of mandated State Reports; and the transfer of funds for payment for Elections is hereby approved for the period of December I, 2012 through December 31, 2012.

FURTHER, the issuance of individual checks to correct emergency Dallas COlmty internal deposit errors as mutually agreeable between the County Treasurer and County Auditor; Dallas County Tax Spreads between meetings ofthe Commissioners Court as deemed mutually necessary and agreeable between the County Treasurer and County Auditor; withdrawals and subsequent transmittal of said same funds for Dallas County obligations for: Internal Revenue Service; Social Security System; Texas County and District Retirement System; Texans Credit Union; Dallas County Sheriffs Association; Public Employee's Local #2444; Dallas Sheriffs Union; Nationwide Retirement Solutions, Inc.; Standard Insurance of Oregon; Dallas County Employees' Benefit Trust; Child Support payments from Dallas County employees as per official Court Order; Child Support payments from Dallas County employees to the Dallas County Child Support Payment Department; Electronic wire transfer and/or check payments for all debts and obligations for all Bond Funds to Depository Trust Company, Chase Bank of Texas, NA or Comerica Bank are hereby authorized for the period of December 1,2012 through December 31, 2012.

FURTHER, all above items are hereby approved by this Court on the basis that they will be formally approved at the next formal meeting of the Court following issuance of said items .

. s Jenkins, County Judge

ABSENT

Maurine Dickey, Comm. Dist. #1

~~ ABSENT Mike Cantrell, Comm. Dis!. #2 Dr. Elba Garcia, Comm. Dis!. #4

RECOMMENDED FOR APPROVAL:

ORDER NO: __ '_J _1_2_1 DATE: November 27, 2012

STATE OF TEXAS

COUNTY OF DALLAS

no 0>.1

COURT ORDER

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

I

____________ ~2~7~th~ _____________ dayof ________________ N~ov~e~m~be~r _______________ ,2012,

a motion made by Jolm Wiley Price, Commissioner of District 113 , and seconded by

_Mi_'_k_e_C_a_n_t_r_e_l_l--,-,_C_o_mm_is_s_l_' o_n_e_r_o_f_D_l_' s_t_r_i_c_t_II_2 _______ , the following Court Order was adopted:

WHEREAS, Dallas County Commissioners Court was briefed on November 20, 2012 concerning the Interlocal Cooperation Contract for the Urban Land Bank Demonstration Program with the City of Dallas for FY2013; and

WHEREAS, Dallas County has participated in the program since July 2004; and

WHEREAS, the attached contract authorizes the referral of an additional 300 parcels for legal action in the Dallas County Tax Court, extends the program through September 30, 2013, and updates the schedule of fees; and

WHEREAS, all court costs and fees associated with the court activity will be paid to Dallas County from proceeds received from the sale of properties foreclosed on under the Urban Land Bank Demonstration Program procedures; and

WHEREAS, this program complies with Strategic Plan Objective 5,3 by coordinating programs and services to improve the quality of life in Dallas County

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the attached Interlocal Cooperation Contract for the Urban Land Bank Demonstration Program with the City of Dallas for the period October 1,2012 through September 30,2013 and authorizes the County Judge to execute the contract on behalf of Dallas County.

27th day of --------'-'N"'-ov"'e"'-m'-Cbe:oe"'-r------= .. =--z;---;;2"'''-I;.012

ABSENT /'1; Maurine Dickey, District #1 ~I' District #2

ABSENT

Dr. Elba Garcia, District #4

INTERLOCAL COOPERATION CONTRACT FOR THE URBAN LAND BANK DEMONSTRATION PROGRAM

STATE OF TEXAS § §

COUNTY OF DALLAS §

THIS INTERLOCAL COOPERATION CONTRACT FOR THE URBAN LAND BANK. DEMONSTRATION PROGRAM ("Contract") is made and entered into by and between the City of Dallas ("City"), the County of Dallas ("County"), the Dallas County Hospital District, the Dallas Independent School District, the Dallas County Schools, and the Dallas County Community College District.

WITNE SS ETH:

WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments and political subdivisions of the State of Texas to contract with each other to perform certain "Governmental Functions and Services", including administrative functions, in which the parties are mutually interested; and

WHEREAS, the parties to this Contract are mutually interested in the administrative Governmental Function and Service of the tax collection process, managed by the County on behalf of the parties, which includes the selling and reselling of tax foreclosed properties; and

WHEREAS, the parties to this Contract are also mutually interested in the following Governmental Functions and Services: (1) in instances where a tax foreclosed property is unlikely to sell because it has had delinquent taxes for more than five years and the taxes owed exceed the fair market value of the property, ensuring that the property is put back into productive use in order to preserve and increase the tax base; and (2) the creation of affordable housing for low-income households to preserve and increase the tax base, to provide necessary decent, safe, and sanitary housing for their citizens, and to ensure that students are housed in a supportive environment; and

WHEREAS, pursuant to Chapter 379C of the Texas Local Government Code ("Code"), a municipality may (1) adopt an urban land bank demonstration program in which the officer charged with selling tax-foreclosed real property ("Officer") may sell certain eligible property by private sale for the purpose of developing affordable housing and (2) establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property as provided in the Code; and

WHEREAS, on January 28, 2004, the City adopted an Urban Land Baok Demonstration Program Plan, as amended, ("Plan") and designated the Dallas Housing Acquisition and Development Corporation, a Texas non-profit corporation, as its land bank ("Land Bank"); and

1

WHEREAS, pursuant to the Code, the Land Bank facilitates the performance of Governmental Functions and Services by acquiring unimproved, tax-foreclosed, real property from the Officer and selling such property to qualified developers for the development of affordable housing to be sold to low-income households; and

WHEREAS, the cooperation of the parties is necessary to performance of the Governmental Functions and Services; and

WHEREAS, this Contract provides the purpose, terms, rights, and duties of the parties with respect to performance of the Governmental Functions and Services, the Plan, and the Land Bank; and

NOW, THEREFORE, for TEN AND NO/IOO DOLLARS ($10.00) consideration and the mutual promises and covenants contained herein this Contract is hereby entered into by the City, the County, the Dallas County Hospital District, the Dallas Independent School District, the Dallas County Schools, and the Dallas County Community College District who agree as follows:

SECTION 1. CONTRACT TERM

The term of this Contract shall begin on October 1,2012, and end on September 30, 2013 ("Term"), unless terminated earlier in accordance with this Contract.

SECTION 2. TERMINATION

Any party to this Contract may terminate its participation in this Contract for any reason upon sixty (60) days written notice.

SECTION 3. COUNTY OBLIGATIONS

A. The County shall process cases of tax foreclosure on up to 300 parcels of real property meeting the criteria of the Code and referred by City.

B. The Officer shall sell eligible property, if not redeemed, to the Land Bank as provided in the Code. The Officer shall sell the eligible property to the Land Bank for the reasonable and customary court costs and costs of sale authorized in the court judgment in accordance with the fee schedule shown in Exhibit A, as may be amended from time to time.

SECTION 4. CITY OBLIGATIONS

A. The City shall adopt its Plan annually in accordance with the Code. The Plan shall include the following:

2

Plan.

(1) A list of community housing development organizations eligible to participate in the right of first refusal provided by Section 379C.OII of the Code; and

(2) A list of the parcels of real property that may become eligible for sale to the Land Bank during the upcoming year;

(3) The City's plan for affordable housing development on those parcels of real property;

(4) The sources and amounts of funding anticipated to be available from the City for subsidies for development of affordable housing in the City, including any money specifically available for housing developed under the Land Bank program, as approved by the City at time the Plan is adopted; and

(5) The anticipated number of tax-foreclosure cases to be filed on behalf of the Land Bank during the upcoming year.

B. Prior to adopting the Plan, the City shall hold a public hearing on the proposed

C. The City or its Land Bank shall provide a copy of the proposed Plan to all parties and the public at least sixty (60) days prior to Dallas City Council hearing on and consideration of the Plan and after the Dallas City Council has adopted the Plan, the City or its Land Bank shall give all parties a copy of the Plan after it is adopted by the Dallas City Council.

D. The City or its Land Bank shall provide notice of the Dallas City Council's hearing on and consideration of the Plan to all community housing development organizations and to neighborhood associations identified by the City as serving the neighborhoods in which properties anticipated to be available for sale to the Land Bank are located.

E. The City or its Land Bank shall give written notice to all parties of the specific addresses of parcels intended for acquisition by the Land Bank prior to referring said parcels to the County for filing of a tax lawsuit.

F. The City may refer to the County up to 300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit prior to March 31, 2013. Prior to such referral, the City shall have obtained title work for such properties and approval of the. legal description of such properties by the City Attorney. The City or Land Bank shall only use current revenues to fund purchases of property for the Land Bank.

G. The City shall give written notice to all parties of the address of a parcel for which a judgment is obtained prior to sale of the property to the Land Bank.

H. Subject to annual appropriations by the Dallas City Council, the City or its Land Bank shall pay the County for all reasonable and customary court costs and costs of sale actually

3

incurred by the County for any of the cases filed on behalf of the City for the Land Bank, in accordance with Exhibit A.

1. The City or its Land Bank shall pay costs for ad litem services not provided through pro bono services and included in the signed tax court judgment within thirty (30) working days of receipt of the signed judgment.

J. The City or its Land Bank shall supervise performance of this Contract and shall make quarterly written reports to all parties.

K. The City or its Land Bank shall employ personnel, perform administrative actions, and provide other services necessary to perform its duties under the Contract.

SECTION 5. RIGHTS AND OBLIGATIONS OF ALL PARTIES TO THIS CONTRACT

A. Each party to this contract hereby:

(1) Agrees that the sale of tax foreclosed properties for use in connection with the Land Bank program is a sale for a public purpose;

(2) Agrees that the administration of and participation in the sale of the tax foreclosed property to the Land Banle constitute Governmental Functions and Services;

(3) Consents that those tax-foreclosed properties for which consent to inclusion in the Plan, filing of a lawsuit, or sale to the Land Bank has not been withheld, as allowed under Sections 5.B, 5.C, and 5.D below, may be sold to the Land Bank for less than the market value of the property as specified in the judgment or less than the total of all taxes, penalties, and interest, plus the value of non-tax liens held by a taxing unit and awarded by the judgment, court costs, and the cost of sale;

(4) Agrees that with the sale of each parcel to the Land Bank, the taxing unit will legally convey right, title, and interest acquired or held by the taxing unit, subject to the right of redemption;

(5) Agrees that the proceeds, if any, from the sale of the properties to the Land Bank by the Officer shall be distributed in accordance with Texas Property Tax Code Section 34.02; and

(6) Agrees that nothing in this contract shall adversely affect the regular current and delinquent tax collection efforts of any party.

B. The parties to this Contract agree that the number of tax-foreclosure lawsuits included in the City's proposed Plan may be modified at the recommendation of a party prior to Dallas City Council's public hearing on and consideration of the Plan.

4

C. Any party may withhold consent to the filing of a lawsuit on any property by providing written notice to all parties within thirty (30) days of receipt of the notice of the intended lawsuit, as required in Section 4.E of this Contract, is received from the City.

D. Any party may withhold consent to the sale of a property to the Land Bank of a parcel for which a judgment has been obtained by providing written notice to all parties within thirty (30) days of receipt of the notice of the intended sale, as required in Section 4.G of the Contract, is received from the City.

SECTION 6. FORMAL APPROVAL

This Contract is expressly subject to and contingent upon formal approval by the governing bodies ofthe parties.

SECTION 7. NO THIRD-PARTY BENEFICIARY ENFORCEMENT

It is expressly understood and agreed that enforcement of the terms and conditions of this Contract and any right of action relating to such enforcement shall be strictly reserved to the parties hereto and nothing contained in this Contract shall be construed to create any rights for any third parties.

SECTION 8. NON-ASSIGNMENT

The parties shall not sell, assign, transfer, or convey this Contract, in whole or in part, without the prior written consent of the other parties.

SECTION 9. RESPONSIBILITY

The parties to this Contract shall each be responsible for the sole negligent acts of their officers, agents, employees, or separate contractors. In the event of joint and concurrent negligence of the parties to this Contract, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the parties under Texas law and without waiving any defenses of the parties under Texas law.

SECTION 10. NOTICES

Any notice, payment, statement, communication, report, or demand required or permitted to be given under this Contract by any party to the another may be effected by personal delivery in writing or deposited in the U.S. mail by certified letter, return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may

5

change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing.

To County:

To City:

To Dallas County Hospital District:

To Dallas Independent School District:

To Dallas County Schools:

To Dallas County Community College District:

Dallas County Judge Dallas County Administration Building 411 Elm Street, 2nd Floor Dallas, Texas 75202

Director City of Dallas Department of Housing/Community Services 1500 Marilla Street, Room 6DN Dallas, Texas 75201

General Counsel, Legal Affairs Parkland Health & Hospital System 5201 Harry Hines Boulevard Dallas, Texas 75235

Director of Real Estate and Leasing Dallas Independent School District P. O. Box 61 3700 Ross Avenue Dallas, Texas 75204

Superintendent Dallas County Schools 612 North Zang Boulevard Dallas, Texas, 75208

Vice Chancellor for Business Affairs Dallas County Community College District 70 I Elm Street Dallas, Texas 75202

SECTION 11. GOVERNING LAW AND VENUE

The obligations of the parties to this Contract shall be performed in Dallas County, Texas, and venue for any legal action under this Contract shall lie exclusively in Dallas County, Texas. In construing this Contract, the laws and court decisions of the State of Texas shall control.

6

SECTION 12. LEGAL CONSTRUCTION

In the case that anyone or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract.

SECTION 13. COUNTERPARTS

This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument.

SECTION 14. CAPTIONS

The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract.

SECTION 15. AMENDMENTS; ENTIRE AGREEMENT

This Contract (with all referenced exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Contract. This Contract may be modified or amended only by written agreement of the parties, to be attached to and made a part of this Contract; however, any changes to the terms of this Contract that are required by changes in federal, state, or local law or regulations will be automatically incorporated into this Contract without written amendment and shall become effective on the date designated by such law or regulation.

EXHIBITS

Exhibit A Dallas County's Schedule of Fees for Court Costs and Costs of Sale

[SIGNATURE PAGES FOLLOW]

7

Executed this __ day of ,20 __ , by City, signing by and through its City Manager, duly authorized to execute same by City Council Resolution No. 122090 adopted on August 22, 2012;

CITY OF DALLAS: MARY K. SUHM, City Manager

By: ~-~~~-------

Assistant City Manager

APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney

By: ~-~-~------

Assistant City Attorney

8

Executed this 27th day of November , 20~, by Dallas County, signing by and through its Judge, duly authorized to execute the same by Commissioners Court Order No.

2012-1989 on November 27 ,2012.

lfewis Jenkins lI~J County Judge

RECOMMENDED:

Gordon R. Hikel, Esq. Assistant County Administrator

APPROVED AS TO FORM*: CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION


*BY 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 LEASE, 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 REVIEWAND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S).

9

Executed this __ day of , 20 __ , by Dallas County Hospital District, signing by and through its Executive Vice President and Chief Financial Officer, duly authorized to execute same by Dallas County Hospital District Managers' Resolution No. ______ on ,20 __ ;

DALLAS COUNTY HOSPITAL DISTRICT: APPROVED AS TO FORM:

By: __ ----c ______ _

Executive Vice-President and CFO

By: _________ _

Legal Counsel

10

Executed this __ day of , 20 __ , by Dallas Independent School District, signing by and through its Board President, duly authorized to execute same by Board Resolution No. on ,20 __ ;

DALLAS INDEPENDENT SCHOOL DISTRICT:

By:~_-::-:---c:::_-,---=-=-__ President of the Board of Trustees

APPROVED AS TO FORM:

By:-:;-::--_-:--____ _ Legal Counsel

ATTESTED:

By: __ -:-:--:::---:-__ _ Secretary of the Board

1l

Executed this __ day of , 20 __ , by Dallas County Schools, signing by and through its President of the Board of Trustees, duly authorized to execute same by vote of the Board on , 20 __ ; and

DALLAS COUNTY SCHOOLS DISTRICT:

By: ~-~~~-~~---

President of the Board of Trustees


By: ~~-~-------

Legal Counsel

ATTESTED:

By: __ -:-::--:::----:-__ _ Secretary of the Board

12

Executed this __ day of , 20 __ , by Dallas County Community College District, signing by and through its Chancellor, duly authorized to execute same by vote of the Board on , 20 __ ,

DALLAS COUNTY COMMUNITY COLLEGE DISTRICT:

By:_-:-:-______ _ Chancellor


By:-:-,.--_-:--_____ _ Legal Counsel

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COURT ORDER

ORDER NO: 01 9 0 DATE: November 27, 2012

STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held

on the ____ "'2-'-.7'_h _____ day of' _____ '-'N"'o'-'v"em=b"'e~r _____ , 2012, on motion made by

_J_o_hn __ W_i_l_e,-Y_P_' r_,l_' c_e_,_C_o_mrm_' _SS_l_' o_n_e_r_o_f_D_i_s_tr_l_' c_'t_N_o_,_3 ________ , and seconded by

_Mi_'_k_e_C_a_n_t_re_l_l_,,--C_o_mm_i_s_s_io_n_e_r_o_f_D_i_s_t_rl_' c_t_N_o_,_2 _____ , the following Order was adopted:

WHEREAS, the Office of Budget and Evaluation briefed the Commissioners Court on November 20, 2012 regarding Constable Precinct 4's proposed DDA Initiative; and

WHEREAS, as part of the Initiative, Constable Roy Williams for FY2013 intends to delete one (1) Clerk I position;

WHEREAS, the DDA Initiative will produce a savings of $41,170, of which, $12,000 will be placed in the Constable Precinct 4 DDA account.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves the Constable Precinct 4 DDA Initiative as proposed,

____ ~2ti7_1h ______ dayOf ____ ~N~ov~e~m~~~e~r--~~_-_'~

ABSENT '/ue;.~ Maurine Dickey Mike Cantrell

Commissioner Dist. #1 Commissioner Dist. #2

ABSENT

Dr. Elba Garcia Commissioner Dist. #4

ded by: ~..<. '1- \'::> '0 W"Ryan Brown, Budget Officer

ORDER NO.


COURT ORDER

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on

the 27'h day of ___ ~N=o~ve~m=be~r~ ______________ , 2012, on motion made by

John Wiley Price, Commissioner of District No. 3 __________________________________ , and seconded by

Mike Cantrell, Commissioner of District No. 2 _____________________________ , the following Order was adopted:

WHEREAS, on November 20, 2012, the Commissioners Court was briefed by the Office of Information Technology Department for the extension of the Personal Services Contract with Austin Ribbon & Computing (ARC) for the services of Rebecca Nicole Clark; and

WHEREAS, the term of this contract extension will be from December 3, 2012 through March 29, 2013; and

WHEREAS, the cost of the contract extension will not exceed $37,800.00, and funding for the Personal Services Contract is available in the Major Technolo!,'y Unallocated Reserves fund to be transferred to the Professional Services account (195.1090.05590); and

WHEREAS, the Commissioners Court exempts this Contract from the requirement of Texas Local Government Code § 262.023 under the professional service exemption of § 262.024; and

WHEREAS, this contract extension aligns with the Commissioners Court Strategic Plan, Vision 1: Dallas County Government models interagency partnerships and collaboration; Strategy: 1A. Improve the customer experience by implementing standards of operation, innovation and technology.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve the extension of the Personal Services Contract with Austin Ribbon & Computing (ARC) for the services of Rebecca Nicole Clark and authorizes the Dallas County Judge to sign Amendment No.1 on behalf of Dallas County.

o RT, this the 27th day of November 2012.

ABSENT

Maurine Dickey Commissioner District # 1

"'\

ABSENT

Mike Cantrell Commissioner District #2

Dr. Elba Garcia Commissioner District #4

.) .

Recommendyd 1:&:.", .. ,;;z~~~-~. ~~::::::::~~:-:-=-~-----··~Stanle Victrum, CIO

AMENDMENT NO.1 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT")

Between DALLAS COUNTY, TEXAS ("COUNTY")

And AUSTIN RIBBON & COMPUTER ("CONTRACTOR")

FOR THE PERSONAL SERVICES OF REBECCA NICOLE CLARK

Pursuant to the authority of the Texas Local Government Code, Chapter 262, and the approval of the Dallas County Commissioners Court, County and Contractor (the "Parties") hereby amend the Contract approved by the County Commissioners Court on June 5, 2012 by Court Order No, 2012-0975 by this Amendment No, 1 (the "Amendment") to renew the term of the Contract and to increase the Not-to-Exceed Amount of the Contract, as follow:

L Section 2. the Term of the Contract is renewed by this Amendment, will be effective from December 3, 2012 at 12:01 AM" and will terminate on March 31, 2013 at 11 :59 P,M" Central Standard Time,

2, Section 4E, the Payment for Services in the Contract is modified by this Amendment to add an additional Thirty Seven Thousand, Eight Hmldred and NollOO Dollars ($37,800,00) to the Not-toExceed amount and thereby will increase the maximUill amount to be paid under the Contract and this Amendment, which shall not exceed Ninety Four Thousand, Five Hundred and NollOO Dollars ($94,500,00),

3, All other terms, conditions, and provisions of the Contract approved on June 5, 2012 via Conrt Order No. 2012-0975 will remain in full force and efIect.

4. The Contract is incorporated herein by reference for all purposes.

5. Each Party represents that it has the full and legal right, power, and authority to enter into and perform this Amendment, in accordance with the terms and conditions provided herein and that the execution of this Amendment is being made by the authorized representatives of the Parties to validly and legally bind each Party to all terms, conditions, performances, and the provisions as set forth in this Amendment and the Contract.

[SIGNATURES APPEAR ON THE NEXT PAGE].

AMENDMENT NO.1 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page 1 of2

AUSTIN RIBBON & COMPUTER ("CONTRACTOR"):

Anne Fieldings, Director of Staffing

By: ---------------------------Rebecca Nicole Clark

DALLAS COUNTY ("COUNTY"):

Clay Lewis .T enkins

RECOMMENDED: ~\'

'!. \ --~~~-~~"

C jjJd----'-:-'~~B :--1*' -~~-~=-,--

itanley Victrum Chief Information Officer

APPROVED AS TO FORM*:

CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION

<:~'--

BY:-==- -:~?'~~~'" c·) --~--------"'--Deborah Jagai ::0:'''5>.,Assistant District Attorney

Date: _________ _

Date: ---------------

Date: November 27, 2012

*By 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

LEASE, 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).

AMENDMENT NO. I ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page 2 of 2

COURT ORDER

ORDER NO: _______ _


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

___ -----"2'-'-7--"th""----_______ day of_-----"N'--'--"'-ov-'--e""m~b""e'_'_r ________ , 2012,

on a motion made v J __ J_o_lID_W_l_'l_e-,-y_Pr_l_' c_e-,,_C_omm_l._' s_s_i_o_n_er_o_f_D_i_st_r_i_c_t_fl_3 ____ , and seconded by

_Mi_'_k_e_Ca_n_t_r_e_l_l,,-, _C_O_nmil_'_s_Sl._' o_n_e_r_o_f_D_l_' s_t_r_i_ct_!_12 _____ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on November 20,2012 regarding the sale oflivestock; and

WHEREAS, it is the recommendation of the Purchasing Department that the following be representative of the livestock to be sold in the County online auction «Pot Belly Pig, Black and White, Service #12-1131692); and

WHEREAS, this action supports Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the following livestock to be sold in the online auction scheduled (Pot Belly Pig, Black and White, Service #12-1131692) and authorizes all County departments! inventories to reflect accordingly.

27th day of November ,2012.

~~ Maurine Dickey, District # 1 Mike Cantrell, District #2

Dr. Elba Garcia, District #4

Recommended by._~=-,--"--""----''--''_f_~F---=-~-'~''--· '----__ _

ORDER NO

DATE:

01 i 1

November 27, 2012

STATE OF TEXAS §

COUNTY OF DALLAS §

COURT ORDER


the 27th day of November, 2012, on motion made by John Wiley Price, Comm. District No.3

and seconded by Mike Cantrell, Comm. District No.2 , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on November 20, 2012; and

WHEREAS, pursuant to Cause No, TX-I 0-31161, Dallas County, City of Seagoville and Dallas Independent School District (collectively the "Taxing Authorities") recovered a Final Judgment on February 28, 20 11, in a lawsuit styled County of Dallas, et ai, vs E. D, Baker, A/KIA Edmond Delaine Baker on a tract of land, commonly addressed as 302 Ball Street, Seagoville, Texas ("Property"); and

WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, pcnalties, interest, fees and costs due and owing; and

WHEREAS, Property did not receive sufficient bid as set by law and on July 3, 2012 the Taxing Authorities received tax title under that certain Sheriff's Deed recorded in Instrument No, 201200219798, Real Property Records, Dallas County, Texas; and

WHEREAS, Nextlots 4, LLC submitted an offer of $2,500 to purchase the Property; and

WHEREAS, pursuant to §34,05(i) of the Propelty Tax Code, Dallas Independent School District and City of Seagoville have provided resolutions consenting to the sale of the Property; and

WHEREAS, proceeds from the sale shall be distributed in accordance with the Property Tax Code, §34,06; and

WHEREAS, sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and busihesses) of the County's Strategic Plan in selling tax foreclosure propelty to interested purchasers for future development and the betterment of the whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing Authorities, and

WHEREAS, the Director of Public Works has reviewed the offer from Nextlots 4, LLC and recommends acceptance,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accepts the offer from Nextlots 4, LLC of $2,500 to purchase the tax foreclosure property at 302 Ball Street, Seagoville, Texas, DC AD Account No. 65085014511260000, (2) upon receipt of the balance of the purchase amount, authorizes the County Judge to execute a quitclaim deed, subject to post judgment tax years and to the previous owners right of redemption, if any, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code.

DONE IN OPEN COURT, this the 27th day of November, 2012.

ABSENT

Maurine Dickey, District 1 Mike Cantrell, District 2

.. ~ ABSENT

istrict 3 Dr. Elba Garcia, District 4

'----.

Recommended by:

Director of Public Works

(PAEkars# l()Pr':l!wrlyll ),fa'Ci/Sca{:,()villc/('o OfferJ3nlU()2

ORDER NO


STATE OF TEXAS §

COUNTY OF DALLAS §

COURT ORDER


the 27th day of November, 2012, on motion made by _J_o_hn ___ ,,-_P_r_i_c_e-=-,_Co_mrn __ , _D_l_' s_t_r_l_' c_'t_N_o __ ,,_3_

and seconded Mike Cantrell, Comrn. District No.2 the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on November 20, 2012; and

WHEREAS, pursuant to Cause No, TX-OS-31 093, Dallas County, City of Seagoville and Dallas Independent School District (collectively the "Taxing Authorities") recovered a Final Judgment on April 15, 2010, in a lawsuit styled County of Dallas, et ai, vs Angela Watson, et al on a tract of land, commonly addressed as 103 Bowers Street, Seagoville, Texas ("Property"); and

WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing; and

WHEREAS, Property did not receive sufficient bid as sct by law and on November 1, 2011, the Taxing Authorities received tax title under that certain Sheriff's Deed recorded in Instrument No, 201100332593, Real Property Records, Dallas County, Texas; and

WHEREAS, Nextlots 4, LLC submitted an offer of $2,500 to purchase the Property; and

WHEREAS, pursuant to §34,05(i) of the Property Tax Code, Dallas Independent School District and City of Seagoville have provided resolutions consenting to the sale ofthe Property; and

WHEREAS, proceeds from the sale shall be distributed in accordance with the Property Tax Code, §34,06; and

WHEREAS, salc of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure property to interested purchasers for future development and the betterment of the whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing Authorities, and

WHEREAS, the Director of Public Works has reviewed the offer from Nextlots 4, LLC and recommends acceptance,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accepts the offer from Nextlots 4, LLC of $2,500 to purchase the tax foreclosure property at 103 Bowers Street, Seagoville, Texas, DCAD Account No. 50004500010060000, (2) upon receipt of the balance of the purchase amount, authorizes the County Judge to execute a quitclaim deed, subject to post judgment tax years and to the previous owners right of redemption, if any, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code.

DONE IN OPEN COURT, this the 27th day of November, 2012.

rpAE:kar:s~

~ , County Judge

Recommended by:

ABSENT


ABSENT

Dr. Elba Garcia, District 4

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

COURT ORDER

1995 ORDER NO, ______ _

DATE: __ ~N~o~v~em~b~~~2~7~,~2~01~2~

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,

held on the 27th day of __ -'N=ov-'-e""m=b"'er'--_______ , 2012 on motion made by

_J_o_hn __ W_i_l_e",-y_P_rl_' c_e_,,--C_o_mm_i_s_sl_' o_n_e_r_o_f_D_i_s_t_rl_' c_t_N_o_,_3 ______ , and seconded by

_Mi_'_k_e_C_a_n_t_re_l_l_,_C_o_mm_i_s_sl_' o_TI_e_r_o_f_D_i_s_t_rl_' c_t_N_o_,_2 ___ , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 12, 1993, Court No. 93-130, wherein the Commissioners Court agreed to use this form COUli Order to provide the City of Dallas consent to sell specific tax properties to the highest bidder via public sealed bids; and

WHEREAS, several parcels ofland were offered for sale by the Sheriff of Dallas County at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued

penalty, interest, and court costs; and

WHEREAS, those parcels ofland which did not receive a sufficient bid as set by law were struck

off to the City of Dallas, Dallas County, and/or Dallas Independent School District, pursuant to Section 34.01 (c), Tax Code; and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 91-1386, dated August

20,1991, Dallas County authorized the City of Dallas to act as Trustee for Dallas County in having struck off to the City, parcels of land which do not receive a

sufficient bid as set by law and to execute a quitclaim deed for such parcels ofland conveying for the purchaser the right, title, and interest acquired or held by Dallas County as a party to the judgment foreclosing tax liens on the parcels ofland; and

WHEREAS, Commissioners Court Order No. 98-2411 dated December 15, 1998, amended Commissioners Court Order Nos. 91-1386 and 93-130 to specifically delete blanket authority to resell tax foreclosure property under Section 34.015 (Alternate Manner of Sale), redesignated as Section 253.010 of the Local Government Code; and

J

WHEREAS, Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05, Property Tax Code, specifically excluding a resale under Section 253.010 of the Local Government Code; and

WHEREAS, this request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in authorizing the sale of tax foreclosure properties to interested purchasers thereby returning the parcel( s) to the tax rolls increasing tax revenue for Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of

Dallas County, Texas, that the City of Dallas as Trustee for Dallas County, in its own behalf, and on

behalf of the Dallas County Community College District, the Parkland Hospital District, and the

Dallas County School Equalization Fund is hereby authorized to solicit from the public sealed bids

on any or all of the said parcels ofland (attached as Exhibit "A" hereto and made a part hereof) and

does hereby consent to the sale of said parcels ofland to the highest bidder even if the bid tendered is

less than the market value ofthe land specified in the judgment offoreclosure or the total amount of

the judgment of foreclosure or the total amount of the judgments against the property.

DONE IN OPEN COURT this the 27th day of November ,2012.

ABSENT

ins, County Judge Maurine Dickey, District I Mike Cantrell, District 2

ABSENT


RECOMMENDED BY:

A~ Director Public Works

? PE:dlclS,j!;/ CDlcdrive/pamRev 703 docco.shenfc.;ale

Attachment

EXH1Bli A TAX FORECLOSED PROPERTfES

STRUCK OFF TO THE CITY OF DALLAS ISO AND DALLAS COUNTY (FROM THE SHERIFf'S SALE SEPTEMBER 4, 2012)

ISTREETNUM!D1RECf10NI STREETNAME ! TAXACCT I MAPSCO! BLOCK IOVERSlOCK! LOT I OIST ! ZONINGI STRUCKOFF AMTI PARCELSIZE I VACIMP! CAUSE.NO I

4815 lYNNACRE oooo078505000000D 54-V 8016 0003 The East SO Feet of Lot 41 01 R-7.5IA) 8915 0.3581 U·30122

2406 5 MARSAUS 00000283057000000 55-$ 3664 0042 015 04 R-7.5IA) 19336 0.1721 11-30034

2003 MCBROOM 00000679468000000 44-J 7126 0011 003 03 R-S{Al 5274 0.1297 10-31228

4542 MOLER 00000460516000000 52-M 5963 OOOK 004 01 R-7.S(A) 11006 0.1596 V 10-30288

4004 MUNGER 00000115552000000 45-0 OW2 0005 005 14 MF-2{A) 77376 0.1572 V 09·31634

2510 OAKDALE 00000642745000000 66 -N 6889 0010 013 08 R-7.S(A) 8000 0.1434 V 10-31997

3053 PERSIMMON 00000639946000000 66·? 6879 0000 Tract 9 (3.183 acre) & Part aftract 9 08 R-7.5iA} 29400 3.2829 11-30344

5518 PUEBLO 00000694483000000 42·P 7169 0001 Lots 18 & 19 06 R-5IAl 10419 0.2577 V 11~30307

2754 SCOTLAND 00000507850000000 66-A 6082 0002 017 04 R-SIA) 3500 0.1731 V 10~31755

6418 TEAGUE 00000641365000000 66-5 0011 0000 012 08 R-7.5IA) 8000 0.1652: V 10·31872

23. TERRACE 00000349216000000 54-U 4934 oooB 002 04 R-7.5IA) 36635 0.14 10-31706

8357 TRANS!T 00000572055000000 SSN 6351 0000 020 05 R-7.5IA) 26518 0.2169 10-31628

10327 WATERBURY 0067230COOO160000 59-C 6723 OOOC 016 05 MF-2IAl 16660 0.1524 V 10-31830

Amounl in Sheriff's Deetl in the lesseroflhe judgment amount which includes interest penalties, code liens and civil penalties, or the assesed value In the judgment. Ail sizas are approximate.

EXH181TA TAX FOREel aSED PROPERTIES

STRUCK OFF TO THE CITY OF DALlAS ISO AND DALLAS COUNTY (FROM THE SHERIFf'S SALE SEPTEMBER 4, 2012)

!S'rnEETNUM! OIREtTiON@iiEETNAM£T TAXACCT ! MAPSCO! BLOCK ! OVERstOCK! lOT ! OISf !ZONING! STRUCKOFF AMT! PARCELSIZE!VACJMP! CAUSE_NO 1 2016

2012

328

8329

1429

131

2607

5007

10372

1723

4601

2339

3602

7400

1638

3739

3607

2814

2820

2902

2906

703

w

S

3RDAVE.

3RO AVE.

AVENUE r

BOHANNON

BRIAR CUFF

BROWNLEE

CLYMER

COLONIAL

CYMBAL

00000159604000000 46-U

00000159601000000 46 -u

00000333661000000 55-G

00000565018000000 58+H

00000777808000000 33 ~Z

,00000473773000000 54-Z

00000699208000000 42-P

00000207907000000 56 ·6

006720000118A,OOOO 59"L

DOWDY FERRY 00000772576000000 68 +G

GARR1SON 00000363547000000 65-0

GOOCH 00000641920000000 6S~R

HAMILTON 00000167197000000 46+ U

HARRY H!NES 00000430804000100 33-R

HASKElL

HAVANA

JAMAICA

LAGOW

LAGOW

LAGOW

LAGOW

LASALLE

00000155272000000 46 -L

00000189538000000 46-U

00000178534000000 46-U

00000179749000000 46-V

00000179752000000 46-V

00000179755000000 46-V

00000179758000000 46 -V

00000619183000000 SS-H

1545

1545

4655

6319

7917

003S

7181

2247

6720

7859

5152

6898

1628

5761

1464

1966

1826

1840

1840

1840

1840

6641

0005 011

0005 010

0006 018

0000 Part of Lots 4,5 & 7

0000 007

0000

0027

0000

27.4 feet oHot 19 & 36.8 Feet oftot 20

002

The SE 44 Feet of Lot 56

18A

07 PD595

07 PO 595

07 R-5(A)

05 R-7.5{A)

02 PO 465

04 R-7.SIAl

06 R-5(A)

07 -PO 595

05 CR 0001

0000

OOOF

The s. Part of Lt. 8 Being 62,91x221-x62.5x216 08 MU-1

0004

000'

0000

OOOC

0007

OOOA

001

009

010

Part of Tracts 4-A & 5-A

A SOx139.2 Foot Tract Part of Lot 9

010

009

OOOC 003

DOoe 004

oooc 005

DOOe 006

0013 012

05 R-7.S(AI

08 R-'.SIA)

07 PD 595

02 CS

07 'C5

07 'PO 595

07 PO 595

fJ7 PD 595

07 PO 595

07 PO 595

07 PD 595

02 TH-3IA)

18850 0.1572

18956 0.1572

10379 0.1262

15000 0.431

15000 0.1721

16936 0<235

8535· 0,1721

14060 0.1414

12881 0<0482

6756 03433

1000 0.1732

8000 0.1924

32890 0.1434

167838 0.1815

22500 0,1721

9928 0,1251

12052 0,1423

8570 0.1578

8440 0.1553

8580 0.1527

8250 0.1502

6147 0,2777

!\nlounl tn Sheriffs Dead in the lesser of the judgrm:lf'll arr{}lint which inc[~es interest, penalties, cede liens and civil penalties, or Ihe assesed value in lhe judgment_ All sizes are <lPproxima~e

v

v

v

v

v

V

V

v

V

v

v

V

V

08~30816

08-30816

10-31748

1(}'31598

08-30058

10~31785

10-31550

08-30816

11~30403

11¥30516

10"31854

10"31874

1(}-30268

07~30924

10-31584

10··31666

10--31840

09~31311

09-31311

09-31311

09"31311

10-31094

COURT ORDER

ORDER NO.:


STATE OF TEXAS &

COUNTY OF DALLAS &

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the

______ --=2c.!.7"tl"-' ________ day of ___ -'N"o"-v,.,e"m"b""er'-_________ " 2012, on motion made by

__ J_·o_h_n_W_i_l_e~y~P_r_l_·c_e~,_C_o_mml_·_s_s_i_o_n_e_r_o_f_·_D_l_·s_t_r_l_·c_t_N_o_._3 _____________ , and second edby

Mike Cantrell, Commissioner of District No. 2 ________ -'-________________________ ., the following order was adopted:

WHEREAS,

WHEREAS,

WHEREAS.

WHEREAS.

WHEREAS,

WHEREAS,

funding for construction ofCDBG FY20 1 0 Cockrell Hill Water Main Improvements, Phase VI, Project, in the amount of $238,397.00 was approved via Court Order No. 2012-0163, dated January 24, 2012, for installation of8" and 6" water mains, fire hydrants, valves, water services, and appurtenances for the City of Cockrell Hill in District No.4; and

pursuant to the same Court Order No. 2012-0163, dated January 24,2012, Dallas County entered into a construction contract with Saber Development Corporation in the not-ta-exceed amount of$233,567 .50; and

Change Orders No's. 1 and 2 in the amounts of $4,000.00 (approved May 15, 2012) and 517,106.00 (approved November 15, 2012), respectively, and totaling 521,106.00 resulted in a Revised Contract Amount of$254,673.50 with Saber Development Corporation; and

Saber Development Corporation has satisfactorily completed said Project for a total construction amount of$253,45 1.24 of which they have been previously paid $228, I 06.12 leaving a Final Payment due to Saber of $25,345.12; and

Court Order No's. 2008-0107 and 2007-1892, dated January 15, 2008 and September 25,2007, respectively, known as Dallas County's Strategic Plan, successful completion of these water main improvements complies with Vision 1 in that the County is a model interagency partner via a federally funded CDBG Program jointly with City of Cockrell Hill; and

the CDBG FY20 I 0 Cockrell Hill Water Main Improvements, Phase VI, Project, has been successfully completed and is in confomlity to the plans and specifications, and the Director of Public Works and the Director of Plamling and Development recommend that a Final Payment of $25,345 .12 be paid to Saber Development Corporation from CDBG Funds in Oracle No. 09512 (2012) in the amount of$25,345.12, and the Project accepted as complete.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that Final Payment in the amount of$25,345.12 be paid to Saber Development Corporation for installation of the CDBG FY2010 Cockrell Hill Water Main Improvements, Phase VI, Project, from CDBG Funds in Oracle No. 09512 (2012) in the amoulltof$25,345.12, and the Project accepted as complete.

Rec' mended For Ap oval'

, this the _____ -=2"-7"'th"-____ day of November ~' 20~ ABSENT "/~{p

----~~~~-------Maurine Dickey Mike Cantrell

District No.2 "'-. ____ District No.1

Alberta L. Blair, P.E. Director of Public Works ~·'\\!S

ABSENT

Dr. Elba Garcia

Rick oes berg 1) ~ Director of Planning and Development ~

PROJECT: LIMITS:

CDBG FY2010 COCKRELL HILL WATER MAIN IMPROVEMENTS, PHASE VI RED BUD LANE, FROM JEFFERSON BLVD, TO MEREDITH AVE, IN THE CITY OF COCKRELL HILL, DISTRICT NO, 4

PROJECT MGR: ABEL V. SALDANA, P.E., CFM DALLAS COUNTY PUBLIC WORKS DEPARTMENT 411 ELM STREET, 4TH FLOOR DALLAS, TEXAS 75202

CONTRACTOR: BOB FARROW, PRESIDENT

Item No.

104 104 104 164 247 276 310 340 340 360 502 506 529a 529a 531

6001 6002 6003 6004 6005a 6006 6007a

SABER DEVELOPMENT CORPORATION P.O. BOX 540186 DALLAS, TEXAS 75354 -- -- .- , --- -- .-

Description

CONSTRUCTION ITEMS PAVING Removing Concrete (Sidewalks) Removing Concrete (Curb and Gutter) Removing Concrete (Apron and Valley Gutter) Seeding For Erosion Control - Cellulose Fiber Mulch Seeding Flexible Basc For Temporary Paving (2" Thk.) (Gr. 2) (Ty. A) (CI. 5) (DC) Cement Treated Base (4" Thk.) (Str. CI. L) (Ty. C) (Gr. 2) (DC) Prime Coat, Asphaltic Material (AE-P) Hot Mix Asphaltic Concrete Pavement (Ty. D) (2" Thk.) Hot Mix Asphaltic Concrete Pavement (Ty. B) (4" Thk.) Conc. Pvrnt. - Apron & Valley Gutter (6" Thk.) (Cl. A) (5 Sack Cem.lc.y.) (Reinf.) Barricades, Signs, and Traffic Handling Temporary Sediment Control Fence (Install & Remove) Conc. Pvmt. - Mono. Curb (6" Ht. x 6" Width) (Cl. A) (5 Sack Cern.lc.y.) (Reinf.) Cone. Pvrnt. - IS" C & G (6" Ht. Cb.) (6" Thk.) (CI. A) (5 Sack Cem.lc.y.) (Reinf. Sidewalks (4" Thk.) (Cl. A) (5 Sack Cem.lc.y.) (Reinf.)

SUBTOTAL-PAVING WATER UTILITIES 6" PVC Water Main, Complete 8" PVC Water Main, Complete 6" Gate Valve, Complete 8" Gate Valve, Complete 6" X 6" Tapping Sleeve, Complete 12" X 8" Tapping Sleeve, Complete 12" D.l. Casing Pipe (Cl. ISO), WI Cement Stab. Sand Backfill, Complete

Unit

SY LF SY SY SY SY Gal. Ton Ton SY Mo. LF LF LF SY

LF LF Ea. Ea. Ea. Ea. Ea.

BID NO. 2012-031-5866 Pg. I 14 CONTRACT WORKING DA YS ~ 65 P.O. # 252805

CONSTRUCTION ESTIMATE #5 FINAL WORKING DAYS TO DATE - 61 FROM: 06/09/2012 TO 07/13/2012 DATE: 1110712012

43 Inclement Weather & No Work* Days since 02/2112012 2 Holidays accounted for since 02/2112012 2 Misc. Days for moving in equipment/materials since 02/2112012 47 Total Non-Working Days * No Work due to bacteriological test/City's sys. since 02/2112012

CO. #'s PREVIOUS CONTRACT AMOUNT: $ 237,567.50

$ 17,106.00 $ 254.673.50

incl. #1 #2 CHANGE ORDER AMOUNT: #2 (#1 noted as "a",e!

REVISED CONTRACT AMOUNT' Contract To-Date This Estimate Unit Cost Extension Over (-)

Quantity Quantity Quantity Amount Under(+)

80 22.33 0.00 $ 5.00 $ 111.65 $ 288.35 200 41.5 0.0 $ 6.00 $ 249.00 $ 951.00

140 0 o $ 7.00 $ - $ 980.00 300 20 o $ 2.00 $ 40.00 $ 560.00

1,040 1,040 o $ 6.00 $ 6,240.00 $ -

1,140 1,194.25 o $ 7.00 $ 8,359.75 $ (379.75)

170 125 o $ 2.75 $ 343.75 $ 123.75 125 131.36 o $ 95.00 $ 12,479.20 $ (604.20) 250 262.8 o $ 90.00 $ 23,652.00 $ (l, 152.00)

60 0 o $ 46.00 $ - $ 2,760.00 3 5.00 0.00 $ 1,000.00 $ 5,000.00 $ (2,000.00)

200 200 o $ 1.50 $ 300.00 $ -75 0 o $ 20.00 $ - $ 1,500.00 75 41.5 o $ 22.00 $ 913.00 $ 737.00 80 22.33 o $ 31.00 $ 692.23 $ 1,787.77

$ 58,380.58 $ 5,551.92

180 180 o $ 35.00 $ 6,300.00 $ -1,280 1,280 o $ 52.00 $ 66,560.00 $ -

7 7 o $ 900.00 $ 6,300.00 $ -8 9 o $ 1,100.00 $ 9,900.00 $ (1,100.00) I I o $ 2,250.00 $ 2,250.00 $ -

I 1 o $ 4,000.00 $ 4,000.00 $ -3 3 o $ 900.00 $ 2,700.00 $ -

CONSTRUCTION ESTIMATE #5 FINAL - Continued BID NO. 2012-031-5866 Pg.2/4 CDBG .'Y2010 COCKRELL HILL WATER MAIN, PH. VI

g WorkshoD

2. Above listed items & materials were installed and I or received in the amount & quantities as indicated.

oii""-=-,n saber De;elo

FIELD INSPECTION APPROVAL:

4i/v1. ~- /1-1-'1 "2--ent Corporation (Contractor) Superintendent Date

.,.............. Dallas County Public Works Construction Inspector Date

--&-Lu ~ m---/&-.c ~ m Dalla,,> County Public Works Senior Construction Inspector

1/ !di:'>!20n........ Date

.....----'.---'""

City of Cockrell Hill Public Works Superintendent Date

SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL

TOTAL

CONSTRUCTION ESTIMATE #5 FINAL - Continued

DATE: 11107/2012

CONSTRUCTION ITEMS - PAVING CONSTRUCTION ITEMS - WATER UTILITIES MISCELLANEOUS - PARTNERING WATER UTILITIES ITEMS 1 MATERIALS-ON-HAND

ADMINISTRA TIVE APPROVAL:

~-. t I /OB)2LJf7-/(QpLJ, D~llas County Public Works Pr9ject Manager Date

c!3;[~, --' II ;1r4 2-/ Ie Works AssL Dir. - Transportation I Planning Date

, 1/15/12 s Asst. Dir. - Engineering & Construction Date

~ jfLr-j<-s' Date

-&' f2t:~ - 11/;s:/2c!/~ Dallas County' anning & Development Director Date

BID NO. 2012-031-5866 Pg. 3 /4 CDBG FY2010 COCKRELL HILL WATER MAIN, PH. VI

TOTAL WORK TO DATE LESS RETAINAGE (0%)

DIFFERENCE LESS SPECIAL DEDUCTIONS LESS LIOUIDATED DAMAGES

SUBTOTAL

LESS PREVIOUS PAYMENTS

AMOUNT DUE P.O. # 252805

$ 58,380.58 $ 194,916.00 $ 154.66 $

$ 253,451.24

$ 253,451.24 $

$ 253,451.24 $ $

$ 253,451.24

$ 228,106.12

$ 25,345.12

!t~ c; ~(Z-Date

CONSTRUCTION ESTIMATE #5 FINAL - Continued BID NO. 2012-031-5866 Pg. 4 14 CDnG FY2010 COCKRELL HILL WATER MAIN, PH. VI

DATE: 11/07/2012

CERTIFICATE PD7 - CDnG

The attached account for $ 25,345.12 in favor of Saber Development Corporation, is, within my knowledge, just and true, has not been paid or presented for payment before, and all, offsets, credits, and/or payments have been allowed thereon. This account was incurred on behalf ofthe County of Dallas, and the County has received full benefit thereof. This statement is made for the purpose of obtaining payment of the attached account.

,,<~, b& L~) Name

S;g::~~"'" ...... -------

tt'~ Saber Development Corporation - Title

Excel fi Ie: J :\ExceJ\CDBG\Cities\CockreJ !Hill\ W aterPh VI\ConstructContract_ SaberDevCorplEstimates\Est# 5Final_ II 0720 12

AFFIDAVIT OF FINAL BILLS PAID

November 7, 2012

STATE OF TEXAS

COUNTY OF DALLAS

Personally, before me the undersigned authority, on this day appeared Bob Farrow, President, who, being duly sworn on oath, says that he is a legal representative of Saber Development CO!]Joration, as noted below, and that the materials supplied for the construction of the project, designated as: Bid No. 2012-031-5866, CDBG Cockrell Hill Water Main Improvements, Phase VI, Project, City of Cockrell Hill, Texas, that all bills for the materials, apparatus, fixtures, machinery, and labor used in connection with the construction of said project have, to the best of his knowledge and belief, been fully paid.

Contractor - Saber Development Corporation:

~ Signature & Ti

SUBSCRIBED AND SWORN TO BEFORE ME this __ &==-~_--::::=-=..:~~~~.=..:..-, 2012.

VIVIAN PAIGE ElDRIDGE Notary Public, State of Texas

My Commission Expires June ,2014

My Commission Expires: G -(;<4 - \ 4--

Notary County 0

Word file: J : \ Word Documents \CDBG\C ities \Cockre! II'TiIl \ WaterPh VI\ConstructContract_ SaberDevCorp \Affi davi(," F inalB i IlsPai d _11072012

CONTRACT TIME STATEMENT

Project: CDBG FY2010 COCKRELL HILL WATER MAIN IMPRVMTS., PHASE VI

Estimate No. # 4: 6-08-2012 TO 7-13-2012 Contractor: SABER DEVELOPMENT CORPORATION

Time computed from' JULY-1-2012 TO JULY-13-2012 Date Work completed'

Month Date/Days Working Days Charged Days Credited and Reasons Therefore

Jul·12 CHARGE CREDIT DAYS. CHARGED pREViOUSLY 55 "

1 SUNDAY 2 1 LAY FINAL C.T.B. & TEMP FLEX BASE (FOR DRWY. ACCESS) 3 1 LAY FINAL C.T.B. & TEMP FLEX BASE (FOR DRWY. ACCESS) 4 1 HOLIDAY - 4TH OF JULY 5 1 LAY FINAL HMAC TY. B & TEMP FLEX BASE (DRWY. ACCESS) 6 1 LAY FINAL HMAC TY. B & TEMP FLEX BASE (DRWY. ACCESS) 7 SATURDAY 8 SUNDAY 9 1 LAY FINAL HMAC TY. D

10 1 LAY FINAL HMAC TY. 0 - SUBSTANTiALLY COMPLETE 11 1 REMOVE EQUIPMENT & CLEANUP 12 1 NO WORK 13 1 NO WORK 14 SATURDAY 15 SUNDAY 16 17 18 19 20 21 22 23 24 25 26 27 28 , 29

. 30 . 31 Totals 6 43+4"47

No. of Contract Working Days: 65 No. of Working Days charged to date: 61

Assessed Liquidated Damages: No. days _0 __ per day $. ____ Total $ ______ _

Certified as correct and one copy has been given to the Contractor ___________ _

IWJ·~ Senior Construction Inspector

Abel V. Saldana, P.E., CFM Project Manager

CONTRACT TIME STATEMENT

Project: CDBG FY2010 COCKRELL HILL WATER MAIN IMPRVMTS., PHASE VI

Estimate No. # 4: 6-08-2012 TO 7-13-2012 Contractor: SABER DEVELOPMENT CORPORATION

Time computed from' JUNE-1-2012 TO JUNE-30-2012 Date Work completed'

Month Date/Days Working Days Charged Days Credited and Reasons Therefore

Jun-12 CHARGE CREDIT DAYSCHAR,GEDPREViOUSLY 46 ',,' '

1 1 NO WORK 2 SATURDAY 3 SUNDAY 4 1 CONNECT NEW WATER SVCS. TO EX. RES. PRIVATE SVCS. 5 1 CONNECT NEW WATER SVCS. TO EX. RES. PRIVATE SVCS. 6 1 CONNECT NEW WATER SVCS. TO EX. RES. PRIVATE SVCS. 7 1 NO WORK 8 1 CONN. SVCS. TO EX. SVCS. - EST.1ll4 FROM 6-8-12 TO 7-13-12 9 SATURDAY

10 SUNDAY 11 1 NO WORK 12 1 NO WORK 13 1 NO WORK 14 1 NO WORK 15 1 NO WORK 16 SATURDAY 17 SUNDAY 18 'I NO WORK 19 1 REPAIR EX. 2" WATER MAIN 20 1 NO WORK 21 1 NO WORK 22 'I NO WORK 23 SATURDAY 24 SUNDAY 25 1 NO WORK 26 1 , MARK PAVEMENT REMOVAL & FINAL SAWCUTTING 27 1 EX. PAVEMENT EXCAVATION 28 1 LAY FINAL C.T.B. & TEMP FLEX BASE (FOR DRWY. ACCESS) 29 1 LAY FINAL C.T.B. & TEMP FLEX BASE (FOR DRWY. ACCESS) 30 SATURDAY

Totals 4+5=9 31+2+HI-43

No. of Contract Working Days: 65 No. of Working Days charged to date: 55

Assessed Liquidated Damages: No. days _0 __ per day $ ____ Total $ ______ _

Certified as correct and one copy has been given to the Contractor ___________ _

fu:lJ, :ft:- 'Pe'rZ

Senior Construction Inspector Abe!V:saidaila:P.E, CFM Project Manager

6. DALLAS COUNTY MBElWBE PAYMENT REPORT

~ ;20(1_-0~1-58w& Project Number

C QB&FI( 20\0 CcJ.c(e..i1 H;i\ P~::rz. Project TItle

Fi <'C< l -Us; Invoice #

Prime/General Contractor: So-bu. LleveJofYYlc>ct- Cvrp'

:2 -/2-/2.Work Order Date

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

Name 01 MBElWBE

«Sc. COH,,>trd0,'\ 11-&

A\bvtGo./u>..- T r~'V:~

E,us &(fI7v.k. _

Planned Amount Planned % Amount 01 invoice

41,600 17.S:

2-000 ,9S"""

t '-\:oc.) ,Iv

Note: This form must be complered and submitted with each payment request

Any (significant) deviation from planned should include attached explanation

Amt Paid to Date

4.=:. '157 !k. I

sO> 27..-72--

140039J=

Job #

F/~ u,,/r.ufc<rnf$2S3,45] ~

%10 Date

~ 1% 1%

~======================================================================================================================;z===================================~

The information listed above is certified to be correct: Reviewed by:

M'lj~-"Bc,b tQ.t'[LJ ~/j'J:8-1W Printed Name of Officer/Director ~ J -- •••

//-/2-/z.... Date Dallas County Project Manager

/1 ! 1q-(?4:J JJ.--, Date

ORDER NO. U1 DATE: November 27, 2012

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

§

§


the 27th day of November ,2012, on motion made by

John Wiley Price, Commissioner of District No. 3

Mike Cantrell, Conmrissioner of District No.2

___ " and seconded by

, the following order was adopted:

WHEREAS, the matter set forth below was briefed before Commissioners Court on November 27,2012; and

WHEREAS, construction of Pleasant Run Road Overpass MCIP Project 31401 at Union Pacific RailroadIMillers Ferry Road, selected for the Major Capital Program for the year 2013, necessitates the relocation of overhead facilities belonging to Oncor Electric Delivery Company (Distribution); and

WHEREAS, Oncor's facilities are located in a private easement which requires that Dallas County bears the cost of such relocation; and

WHEREAS, the Civil Section of the District Attorney's office has examined the Utility Relocation Contract with Oncor Electric Delivery Company (Distribution) for the relocation of existing overhead facilities in conflict with the Pleasant Run Road Overpass MCIP Project 31401 for an amount not to exceed $495,837.06; and

WHEREAS, the County has worked with the City of Wilmer and numerous agencies and utilities on this Project which is consistent with Vision 1: Dallas County is a model interagency partner; furthermore, this project 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; and

WHEREAS, funds for this work will be available following receipt ofNCTCOG-RTClLocal Funds.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute the attached Utility Relocation Contract with Oncor Electric Delivery Company (Distribution) on behalf of Dallas County for the Pleasant Run Road Overpass MCIP Project 31401 in an amount not to exceed $495,837.06 to be paid from Fund 196, Project

8201. ~ DO~ 'ri 27

th day of ~ 12.

ABSENT


Recommended For Approval:

L:fm

ABSENT


a 1,. Blair, P.E. Director of Public Works

DALLAS COUNTY UTILITY RELOCATION CONTRACT

PLEASANT RUN ROAD OVERPASS MCIP PROJECT 31401

This Contract is made by and between Dallas County (hereinafter called "County"), and Oncor Electric Delivery Company (Distribution), (hereinafter called "Utility") each party executing this Contract by and through its duly authorized officers.

WITNESSETH:

WHEREAS, County is constructing or will construct the Pleasant Run Road Overpass MCIP Project 31401 at Union Pacific RailroadJMillers Ferry Road, (hereinafter called the "County Project"); and

WHEREAS, Utility is owner of an easement which crosses the County Project and in an area where improvements for County Project are to be constructed by County pursuant to the Major Capital Transportation Improvement Program; and

WHEREAS, the County Project will conflict with Utility's existing facilities; and

WHEREAS, construction of the County Project will require the relocation or adjustment of a portion of Utility's facilities as described in Exhibit A, attached hereto and made a part of this contract; and

WHEREAS, County is obligated to provide funding for the Rearrangement; and

WEHREAS, Utility has provided an itemized cost estimate for the adjustment of its facilities and other related items in the estimated amount of Four Huudred Ninety Five Thousaud Eight Hundred Thirty Seven Dollars and six cents ($495,837.06).

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, County, and Utility agree as follows:

1. DEFINITIONS: As used in this Contract, the following terms shall have the following meaning:

1.01 Adjusted Facility means adjusting distribution facilities as required within the Oncor Electric Transmission easement along Millers Ferry Road at Pleasant Run Road. Such relocation shall not include any Betterment.

1. 02 Betterment means any increase in the service capacity of the Adjusted Facility as compared to the existing Conflicting Facility, or any upgrading of the Adjusted Facility above the standard practices, devices or materials, specified in this Contract and customarily used by Utility on projects solely financed by Utility. Provided, however, that any upgrading

DALLAS COUNTY UTILITY RELOCATION CONTRACT Pleasant Ruu Road Overpass Project 31401 9124/12

Page 1

necessary to successfully accomplish the Rearrangement shall not be considered a Betterment, and further, that any increase in the service capacity of the Adjusted Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by Utility. Notwithstanding any provision of this agreement any obligation the County may have to pay for the rearrangement does not include the cost of any Betterment(s).

1. 03 Commissioners Court Order shall mean a formal order of the Dallas County Commissioners Court.

1.04 Conflicting Facility shall mean the existing distribution conductors, facilities, and appurtenances owned by the Utility as described in Exhibit A, attached hereto and made a part of this Contract.

1. 05 Design shall mean that engineering work for the Rearrangement which results in the production of maps, plans, drawings, schedules estimates, typical cross sections, material, construction details, requirements, specifications and all other documents which are necessary for construction.

1.06 County Project shall mean the Pleasant Run Road Overpass MCIP Project 31401 at Union Pacific RailroadlMillers Ferry Road, located in the City of Wilmer, Texas, to be constructed by County pursuant to the Major Capital Transportation Improvement Program.

1. 07 Rearrangement shall mean the adjustment, replacement, alteration, reconstruction, support, relocation, or removal of the Conflicting Facility or any portion thereof, whether permanent or temporary, resulting from the construction of the Adjusted Facility and final removal of the Conflicting Facility.

1. 08 Contractor and Sub-Contractor shall mean any person or entity not employed by Utility and retained by Utility to perform work pursuant to this Contract with regard to Utility's Conflicting Facility and Adjusted Facility.

1.09 Replacement Facility or Substitute Facility shall mean the transmission power poles, wires, and related appurtenances thereto which shall replace the existing transmission poles, wires, and related appurtenances thereto.

1. 10 Not-to-Exceed Amount shall mean the total amount of United States Dollars authorized by the Commissioners Court for this Rearrangement.

DALLAS COUNTY UTILITY RELOCATION CONTRACT Pleasant Run Road Overpass Project 31401 9/24/12

Page 2

2. TERM:

This Contract becomes effective upon the date of execution (the "Effective date") and shall terminate when the work has been completed and final payment has been paid to the Utility.

3. GENERAL:

3.01 Construction of the County Project will necessitate the Rearrangement of the Conflicting Facility owned by Utility due to conflicts between County's Project and the Conflicting Facility. The cost of the Rearrangement is estimated by Utility to be Four Hundred Ninety Five Thousand Eight Hundred Thirty Seven Dollars and six cents ($495,837.06). Notwithstanding any provision contained in this Contract, County's obligation to Utility shall not exceed the total sum of Four Hundred Ninety Five Thousand Eight Hundred Thirty Seven Dollars and six cents ($495,837.06) without written modification or amendment to this Contract approved by formal County Commissioners Court Order, save and except for any interest due for overdue payments pursuant to Section 11.02 of this Contract. Utility shall provide County with invoice detailing rearrangement work performed with the amount of reimbursement requested corresponding thereto.

3.02 By execution of this Agreement, Utility warrants and certifies that the facility to be Rearranged is contained within real property owned by Utility in fee or by easement.

3.03 By execution of this Contract, Utility agrees and consents to Rearrangement of the Conflicting Facility necessary to eliminate conflicts between the County Project and the Conflicting Facility in accordance with the terms and conditions of this Contract. Such conflict is described in Exhibit A, which is incorporated herein, as iffully reproduced.

3.04 Utility agrees to prepare the Design required to adequately set forth the engineering requirements of the Rearrangement as determined by Utility. Utility is fully aware of the proposed Design of the County Project and the future use of such area by County as it relates to the Rearrangement and the adjusted Facility. Utility shall design the Adjusted Facility in a manner that avoids the creation of a Betterment. Utility is solely responsible for the sufficiency, form, content and engineering requirements of the Rearrangement, including but not limited to the designed scope of services. Utility hereby agrees to correct, at its sole cost and expense, any defect or problem in the Rearrangement requiring correction, replacement or repair that is the result of errors or omissions by Utility in the design. Utility also agrees to be responsible for any other costs, expenses, or damages caused by its errors or omissions in the Design.

DALLAS COUNTY UTILITY RELOCATION CONlRACT Pleasant Run Road Overpass Project 3140 I 9124/12

Page 3

3,05 Utility shall design the Adjusted Facility in a manner that avoids the creation of a Betterment. If Utility requests or otherwise includes Betterment in the Design for the Rearrangement or any change order, Utility shall pay for the Costs of the Betterment.

3,06 Utility agrees to construct the Rearrangement and furnish all material and qualified personnel to complete the Rearrangement as a part of the estimated cost.

3 ,07 Utility and County agree to exercise their best efforts, consistent with Utility's obligations to its customers and other public entities, to perform all work authorized by this Contract as rapidly as possible and in coordination with scheduled target dates in County's construction schedule provided, however, that Utility shall not be liable to county for failure to perform, or delays in performance under this Contract due to weather conditions, acts of God, inability to procure materials or delays in obtaining or transporting materials, government restrictions, including any actions or delay in actions by the Public Utility Commission of Texas, design changes at County's request, delays caused by County, strikes and labor disputes, or for circumstances which make it inadvisable to deenergize the Conflicting Facility, including periods of high electricity demand, or for any other reason beyond the reasonable control of Utility,

3,08 Utility is hereby notified that the right of way may contain existing public or private utilities, drainage or communication facilities, By execution hereof Utility agrees to be solely responsible for the determination of the existence of such facilities and to construct any and all facilities without damage, interference or conflict thereto, ABSENCE OF MARKERS DOES NOT CONSTITUTE A WARRANTY BY COUNTY THAT THERE ARE NO SUBSURFACE INSTALLATIONS ON THE ROAD PROPERTY.

4, CONSTRUCTION:

4,01 Utility and County hereby agree that construction will not commence until this Contract has been fully executed by all parties,

5, CHANGE ORDERS:

5, ° 1 Any change, additional expenditure or proposed expenditure for the Rearrangement which will result in a total cost in excess of the County approval not to exceed amount stated in this Contract requires, and is contingent upon, Dallas County Commissioners Court approval.

DALLAS COUNTY UTILITY RELOCATION CONJRACT Pleasant Run Road Overpass Project 3 1401 9/24/12

Page 4

6. REIMBURSEMENTS:

6.01 The issuance of a Commissioners Court Order shall obligate County to reimburse Utility for actual cost of work performed or materials acquired for such Rearrangement in an amount not to exceed the estimated amount of Four Hundred Ninety Five Thousand Eight Hundred Thirty Seven Dollars and six cents ($495,837.06) and such reimbursement shall include:

6.01.1 only actual direct and indirect cost actually incurred;

6.01.2 reimbursement is limited to cost required to effect a condition equal to the existing facilities, not to include Betterment;

6.02 From such reimbursement shall be deducted all credits to County as provided herein.

6.03 Utility shall maintain complete records showing actual time expended and cost incurred under each Commissioners Court Order(s). Such records shall be subject to County and other audits for a period of three (3) years following project close out.

6.04 In those cases in which Rearrangement or other work under the Contract is performed by County with Utility's approval, Utility shall reimburse County for credits as defined herein.

6.05 Where construction work is performed by Utility's work force no profit is allowed.

7. CREDITS:

7.01 Salvage credit shall be allowed to County for items of materials and equipment recovered from Utility's existing facilities as if disposed of pursuant to this Contract. The amount of the salvage credit, if any, shall be the fair market value as if sold within sixty (60) days of the completion of the Rearrangement.

7.02 County shall receive a credit from utility against work performed under this Contract for Betterment only where there is an increase in service capacity of a Replacement Facility or corresponding Substitute Facility, as defined in this Contract. The amount of a Betterment credit shall be the established cost of the Replacement Facility, minus any costs of removal of the Conflicting Facility, minus the estimated cost of a Substitute Facility; and said estimated cost shall be based on the unit price schedules agreed to by the parties. The amount of Betterment credit, if any, shall be determined by the parties during final design and shall be included as an adjustment to the final invoice submitted by Utility to County.

DALLAS COUNTY UTILITY RELOCATION CONlRACT Pleasant Run Road Ovetpass Project 31401 9124/12

Page 5

8. CONTINGENCIES:

8.01 County acknowledges that the not to exceed relocation estimate of Four Hundred Niuety Five Thousand Eight Hundred Thirty Seven Dollars and six cents ($495,837.06) is based on an estimate prepared by Utility. This estimate does not take into consideration latent conditions about the site nor any unforeseen circumstances affecting the performance of the Rearrangement that, if encountered, would increase the cost to perform the Rearrangement.

8.02 Contingencies shall be limited to unusually adverse weather conditions, labor disputes, and subsurface geological conditions.

8.03 In the event that Utility should encounter any contingency, notice shall be given to County prior to completion of the Rearrangement. County personnel will be given notice of such condition and afforded an opportunity to examine such condition.

8.04 Utility and County will, in good faith, co-operate with each other to determine mutually agreeable costs that are reasonable and necessary to effect the completion of the Rearrangement.

8.05 IfUtility and County agree as to the reasonable and necessary cost of the contingency, such amount shall be included in the reimbursements as shown in Section 6. Any additional cost that exceeds the estimated not to exceed amount will require County Commissioners Court Order.

8.06 In the event of a dispute between County and Utility as to whether such costs are contingencies and the costs thereof are reasonable and necessary to complete the Rearrangement, Utility shall not be relieved of its obligation to perform or complete the Rearrangement or removal of the Conflicting Facility as scheduled. County agrees to pay Utility to the limits of the estimated not to exceed amount and to timely seek formal approval from Dallas County Commissioners Court for any additional amount in excess thereof that County and Utility in good faith, agree to be reasonable and necessary cost. To the extent that County and Utility do not agree, Utility shall be entitled to file a claim for any disallowed amount with the Dallas County Commissioners Court and, thereafter, any necessary legal action to recover any disallowed contingency cost if deemed reasonable and necessary to perform or complete performance of the Rearrangement.

9. TERMINATION:

9.01 It is expressly understood that this Contract is subject to termination by mutual agreement of the parties in writing, or by County, at its sole discretion, by ten (10) days written notice, if such notice is given prior to Utility's commencement of construction of the Rearrangement. In the event County terminates or cancels this Contract at any time subsequent to its Effective Date but prior to the completion of the relocation work contemplated under this Contract, County shall pay Utility for all costs

DALLAS COUNTY UTILITY RELOCATION CONTRACT Pleasant Run Road Overpass Project 31401 9124/12

Page 6

and expenses incurred by Utility in connection with the project, including costs associated with and resulting from the ordering of special material for the Replacement Facility. Additionally, County shall reimburse Utility for all costs, necessary to reconstruct Utility's facilities to their previous existing condition or to a condition which is acceptable to utility, whichever is lower in cost.

10. INDEPENDENT CONTRACTOR:

10.01 Utility agrees that the Utility is associated with County only for the purposes and to the extent set forth in this Contract, and in respect of the performance of the Rearrangement pursuant to this Contract, Utility is and shall be an independent contractor and, subject to the terms of this Contract, shall have the sole right to construct, supervise, manage, operate, control and direct the performance of the details incident to its duties under this Contract. Contractor shall be responsible for a Safety Plan and compliance with all laws, rules, regulations issued by local, State or Federal governments or any other agencies. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create the relationship of an employer -employee or principal agent, or to otherwise create any liability for Dallas County whatsoever with respect to the indebtedness, liabilities and obligations of Utility or any other party.

11. PAYMENT:

11. 0 1 Utility may present periodic progress itemized bills to the County for payment of work as completed in not less than thirty (30) day increments. Final payment will be made in the amount of the difference between the sum of the periodic payments made and the itemized audited statement for the total amount of the work performed by Utility and approved by County upon completion of the work. In no event shall the total payment exceed the total not to exceed amount of Four Huudred Niuety Five Thousand Eight Hundred Thirty Seven Dollars and six cents ($495,837.06) , or as may be amended as provided herein, save and except for any interest due for overdue payments pursuant to Section 11. 02 of this Contract

11.02 Overdue payments shall accrue interest on each invoice or itemized bill submitted by Utility as provided by Chapter 2251, Texas Government Code.

12. MISCELLANEOUS:

12.01 Notice:Any notice provided in this Contract to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested, or registered addressed as follows:


Page 7

To County: County of Dallas Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas, TX 75202-3389

To Utility: ONCOR Electric Delivery Company (Distribution) Attn: Larry Trojan 1616 Woodall Rodgers Fwy., 3M-012 Dallas, TX 75202-1234

Either party may change its address for notice by giving the other party notice thereof

12.02 Assignment. This Contract may not be assigned or transferred by either party without the prior written consent of the other party.

12.03 Binding Contract; Authority; Parties Bound. This Contract has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns. Each person executing this Contract on behalf of each party represents and warrants that he/she as full right and authority to enter into this Contract and each person signing on behalf of a corporation, if any, is authorized to do so.

12.04 Amendment.This Contract may not be amended except in a written instrument specifically referring to this Contract and executed by the parties hereto.

12.05 Applicable Law; Venue. This Contract shall be expressly subject to the sovereign immunity of County, Title 5 of TEXAS CIVIL PRACTICE AND REMEDIES CODE, and all applicable federal and state law. This Contract shall be governed by and construed in accordance with the laws and case decisions ofthe State of Texas. All construction work performed under this Contract shall occur in Dallas County only. Exclusive venue for any legal proceedings shall be in Dallas County, Texas.

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

12.07 Effective Date. The Effective Date of this Contract shall be the date it is executed by the last of the parties. Reference to the date of execution shall mean the Effective Date.

12.08 Counterparts. This Contract 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.

12.09 Severability. In the event that one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or

DALLAS COUNTY UTILITY RELOCATION CONTRACT Pleasant Run Road Overpass Project 3140 I 9124112

PageS

unenforceable in any respect, such invalidity, illegality or unenforceability of this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, but shall not affect the remaining provisions of this Contract, which shall remain in full force and effect.

12.1 0 Entire Contract. This Contract embodies the complete Contract of the parties, superseding all oral or written previous and contemporary Contracts between the parties and relating to matters in this Contract and, except otherwise provided herein, cannot be modified without written supplemental agreement of the parties to be attached hereto and made a part of this Contract.

13. INSURANCE

13.1 The Utility. at Utility's sole cost, shall purchase and maintain in force during the entire life of this agreement the following minimum insurance coverage during the term of this Contract. Such insurance shall be in the amounts and in fnll compliance with the following terms and conditions:

13.2 Within ten (10) days after the Effective Date of this Contact. County requires and Utility 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 bnsiness in the State of Texas, having a rating of A- or better by A.M.Best Co. Utility will submit verification of coverage to the Dallas Connty Public Works Department, showing Dallas County as the certificate holder, within ten (10) days after the final signature of the party to make this agreement effective (hereinafter "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 inclnding any deductibles, shall be paid in full by Utility without cost to or contributions from Dallas County. The following minimnm insurance coverage is required:

13.2.1 Workers' Compensation Insurance 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 Utility elects to sublet any work, Utility shall require subcontractors to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are afforded protection by the Utility.

DALLAS COUNTY UTILITY RELOCATION CONTRACT Pleasant Run Road Overpass Project 3140 I 9124/12

Page 9

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

13.2.2 General or Excess Liability Insurance, including Contractual Liabilitv - Liability Insurance coverage shall carry limits of One Million Dollars and no cents ($1,000,000.00) for bodily injury and property damage per occurrence with a general aggregate of One Million Dollars and no cents ($1,000,000.00), and a products and completed operations aggregate of One Million Dollars and no cents ($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.


13.2.3 Comprehensive Automobile or Excess Liability Comprehensive Auto Liability insurance covering all owned, hired and non-owned vehicles used in connection with the work performed under the Contract with limits of liability not less than Five Hundred Thousand Dollars and no cents ($500,000.00) each person and Five Hundred Thousand Dollars and no cents ($500,000.00) each accident for bodily injury and Two Million Dollars and no cents ($2,000,000.00) each occurrence for property damage for a combined single limit for bodily injury and property damage liability of not less than Two Million Dollars and no cents ($2,000,000.00).


13.3 Utility agrees that, with respect to the above referenced insurance, all insurance contracts will contain following required provisions:

13.3.1 Name Dallas County and its officers, employees and elected representatives as additional insured(s) (as the interest of each insured may appear) as to all applicable coverage, except for Workers Compensation Insurance.

13.3.2 Provide for thim (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.


Page 10

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

13.3.4 Provide for notice to the Countv at the address shown below by registered mail.

13.3.5 Utility agrees to waive subrogation against Dallas County, its officers and employees for injuries, including death, property damage or any other loss.

13.3.6 Utility may self insure for any of the coverages required herewith by demonstrating financial responsibility reasonably acceptable to County.

13.4 In addition to any other remedies County may have upon Utility'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 Utility to stop work hereunder, and/or withhold any payment(s) which become due to Utility hereunder until Utility demonstrates compliance with the requirements hereof. A stop work order given to Utility by County in accordance with this Article shall not constitute a Suspension of Work.

13.5 It is agreed that Utility'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.

13.6 Utility shall advise County in writing within a reasonable time any claim or demand against County or Utility known to Utility related to or arising out of Utility's activities under this Agreement.

13.7 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.

13.8 Approval, disapproval or failure to act by the County regarding any insurance supplied by Utility shall not relieve Utility of full responsibility or liability for damages and accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurance company exonerate the Utility from liability.

13.9 Acceptance of the final plans by County shall not constitute nor be deemed a release of the responsibility and liability of Utility, 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 Utility, its employees, subcontractors, and agents.


Page 11

13.10 Standard of Care: Services provided by Utility nnder 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.

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

Executed this the __ J..L:l+C-'h""-___ day of N ","'::oM\'" e.V , 20~1..

COUNTY OF DALLAS

r~~ By 6onion Hurel ';<'(".e ry'l TLA vy) t v

Assistant District Attorney Gille> CiviJ Section

ONCOR ELECTRIC DELIVERY COMPANY (DISTRIBUTION)

",~~ .. "::,, By: hn Carol Soward DI! etor of DlstnbntlOn Engmeenng

By law, the District Attorney' fI 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. OUf review of this document was conducted solely from the legal perspective of our client. Our approval oftbis 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).


Page 12

~R Electric Delivery LLC

Project No.:

Project Description:

Dallas County No.:

Federal Proj. No.:

CSJ:

3172298

Millers Ferry and Pleasant Run

MCIP 31401

HP2010(854)

0918-45-844

...

.

Summary Estimate

With Without Betterment Betterment

Contractors Expense 29,707.74 29,707.74 Vouchers 314,036.28 225,780.00 Materials 67,764.12 67,764.12

subtotal 1 : 411,508.14 323,251.86

Indirect Overhead 148,142.93 116,370.67

Charged to Project 559,651.07 439,622.53

Salvage Material 0.00 0.00

Less Elective Betterment 21.4470% (120,028.54) 0.00

Net Estimated Cost 439,622.53 439,622.53

OED Tax Expense 56,214.53 56,214.53

Total Estimated Cost 495,837.06 495,837.06

§R Electric Delivery LLC

Project No.: Project Description: Dallas County No.: Federal Proj. No.: CSJ:

Vt(orkUnit .

UT6200!

OH4090!

MS7160!

OH4030R

OH4040R

OH40401

OH4070!

OH4380!

OH4100!

PS1080!

SL81701

OH4095R

OH40101

3172298 Millers Ferry and Pleasant Run MCIP 31401 HP2010(854) 0918-45-844

Labor Estimate

Oes!lriplion .

Fireproofing Cable. Includes: Fireproofing. Unit Of Measure = Per Linear Foot.

Dead-end Conductor. Secondary Or Neutral, Any Size. Includes: Insulator Andlor Dead-end, Hardware And Sag. Bundled

Conductor Considered One Dead-end. Unit Of Measure = Each.

Wildlife Protection. Applies Only To Installation On Existing Equipment. Includes: Protector. Unit Of Measure = Each.

Crossarm, Wood/fiberglass, Up To 10', Single. Includes: Drilling Pole, Crossarm, Braces, And Mounting Hardware. Excludes

Pins, Insulators, Deadends. Unit Of Measure = Each.

Crossarm Woodlfiberglass, Up To 10', Double. Includes: Drilling Pole, Crossarm, Braces And Mounting Hardware. Excludes


Crossarm Woodlfiberglass, Up To 10', Double. Includes: Drilling Pole, Crossarm, Braces And Mounting Hardware. Excludes


DeadMend Conductor, Primary, Through 4/0 Wire. Includes: Insulator And/or DeadMend, Hardware, And Sagging. Unit Of

Measure = Per Conductor.

Down Guy Or Pole To Pole Guy, Any Size, All Lengths. Includes: Pole And Anchor Attachment Hardware, Guy, Ground/guy

Insulator As Required, Guy Tension, And Guy Guard. Unit Of Measure = Each.

Insulator Or Messenger Clamp, All Voltages (excluding DeadM

end Insulators), Primary Or Secondary. Includes: Insulator, Pin/rack, Drilling If Required, Hardware, And Securing

Conductor To Insulator. Unit Of Measure = Each.

Anchor, Screw. Includes: Load Anchor/rod(s), Assemble Anchor, Locates, Setuplbreakdown, Install Anchor W/up To 4

Rods And Cleanup. Unit Of Measure = Each. Attachment, Pole, Street light. Install Pole Band On Steel Pole.

Unit Of Measure = Each. DeadMend Conductor, Floating. Includes: Insulators), Deadends,

And Sag. Unit Of Measure = Each.

Oh SetMup, New Construction, Large Projects (4 Work Points Worked Or More) Per Work Point Worked. Includes: Truck SetM

up/breakdown, Tailboard, Personal Protective Equipment, Work Area Protection, Normal Traffic Control And Cleanup. Excludes Services For Service Department. Unit Of Measure = Each Work

Point Worked.

Estlmsted Estimated Estimated . OURntl1v Cpst Per Unit Total Cost

12 $ 3.14 $ 37.68

1 $ 51.47 $ 51.47

6 $ 9.78 $ 58.68

2 $ 29.54 $ 59.08

1 $ 73.03 $ 73.03

1 $ 79.96 $ 79.96

3 $ 29.16 $ 87.48

2 $ 52.12 $ 104.24

4 $ 26.12 $ 104.48

1 $ 117.45 $ 117.45

3 $ 42.51 $ 127.53

3 $ 45.81 $ 137.43

3 $ 48.99 $ 146.97

Page Number 1

Work Unit Description Estimated Estimsted Estimated . . .• . Ouantitv Cost Per Unit Total Cost

Oh Jumper.permanent Includes Primary Or Secondary: Conductor, Any Necessary Tie t And Connections. Unit Of

OH4025R Measure = Each. 6 $ 25.68 $ 154.08

Insulator Or Messenger Clamp, All Voltages (excluding Dead~ end Insulators), Primary Or Secondary. Includes: Insulator,

Pin/rack, Drilling If Required, Hardware, And Securing Conductor To Insulator. (this Unit Will Cover Installing

Spreaders In Rts On A Pole Change Out) Unit Of Measure = OH4100R Each. 8 $ 20.90 $ 167.20

Cut Pole Top, Includes: Cut Pole And Remove Ground Wire As OH441OR Required. Unit Of Measure =limit Of One Per Work Point 3 $ 68.56 $ 205.68

Fault Indicator, Three Phase/single Phase. Includes: Current Sensors, Conductor, And Remote Indicator. Unit Of Measure =

UT60701 Per Set. 6 $ 40,77 $ 244.62

Anchor, Expanding/plate. Machine Dig. Includes: Load Anchor/rod, Locates, Assemble Anchor, Setup/breakdown, Dig Hole, Install Anchor W/ Rod, Backfill, Tamp, And Cleanup. Unit

PS10901 Of Measure = Each. 2 $ 162.59 $ 325.18 Dead-end Conductor, Primary, Larger Than 4/0 Wire. Includes:

Insulator And/or Dead-end, Hardware, And Sagging. Unit Of OH40801 Measure = Per Conductor. 7 $ 53.16 $ 372.12

Arrestor, Distribution. Includes: Arrestor, Wildlife Protection, Ground, And Mount Bracket When Applicable, Jumpers And

OH41701 Connection's). Unit Of Measure = Each. 6 $ 66.16 $ 396.96

Switch, Loadbreak, Gang Operated Or Scadamate. Includes: Uncrate, Assemble, Mount Switch, Arrestors, Temporary

Jumpers, Grounds, Wildlife Protection, Operate Switch, Adjust As Needed, And Cleanup. Excludes Permanent Jumpers Unit Of

OH4130R Measure = Each. 1 $ 438.93 $ 438.93

Pole Riser, Above 3". Includes: Setuplbreakdown, Hardware, UT60401 Conduit W/pull String, And Brackets. Unit Of Measure = Each. 2 $ 219.93 $ 439.86

Pole, Wood, 50' Through 60', Machine Dig With Auger. Includes: Haul Pole, Locates, Setup/teardown, Dig Hole, Grounding/guard

As Required, Locates, Set Pole, Backfill, Tamp Or Foam As Required, Pole Plate, Fin, Driven Ground (removal Only),

PS10101 Cleanup, And Haul-off Of Spoil. Unit Of Measure = Each. 1 $ 457.41 $ 457A1

Extension, Primary Or Secondary Cable Up To 10'. Includes: Preparing Cable, Splicing One End, And Terminating One End.

Cable Secondary Up To 4 Conductors Considered As One. 'Unit CB21101 Of Measure = Each. 8 $ 57.50 $ 460.00

Pole, Wood, Through 45', Machine Dig With Auger. Includes: Haul-Pole, Locates, Setup/teardown, Dig Hole, GroundingJguard

As Required, Set Pole, Backfill, Tamp Or Foam As Required, Pole Plate, Fin, Driven- Ground (removal Only), Cleanup And

PS1000R Haul-off Of Spoil. Unit Of Measure = Each. 2 $ 236.31 $ 472.62

In-line/underslung Disconnect. Includes: Assemble Disconnect And Deadends, Install Disconnect And Deadends, Temporary

Jumper, Sag (as Required), Jumpers And Connections. Unit Of OH41211 Measure = Set Of Three. 2· $ 269.92 $ 539.84

Primary Cable For Pole Riser, Three Phase, Larger Than 4/0. Includes: Set Uplbreakdown, Installing Pull Rope, Identifying Phases, Pulling Cable In/out Of Conduit, Maintaining Moisture

CB20231 Seal At Cable Ends, And Cleanup. Unit Of Measure = Per Riser. 2 $ 288.22 $ 576.44 Bare Conductor, Any Size. Includes: Rollers, String, Rope, Conductor, And Cleanup. Unit Of Measure = Per Foot, Per

OH4190R Conductor. 4400 $ 0.17 $ 748.00

Page Number 2

Work Unit Description estimated Estimated Estimated . Quantitv Cost Per Unit TO.tal Cost

Manholelvault Setup. Includes: Setup/breakdown, Barricades, Manhole Rescue Equipment, Atmospheric Test, Ventilator,

CB20601 Generator, And Lighting. Unit Of Measure = Per Setup. 6 $ 123.56 $ 741.36

Cover-up. Includes: Placement And Removal Of All Rubber Blanket(s) Andlor All Rubber Hoses Required Per Work Point.

MS70001 Unit Of Measure = Each Work Point. 14 $ 62.78 $ 878.92

Straight Splice, Primary, Larger Than 4/0. Includes: Setuplbreakdown, Cable Preparation, Lug, Pre-molded Splice,

Tags/tagging, Ground, Train And Rack Cable, And Cleanup. Unit UT61101 Of Measure = Each. 6 $ 156.90 $ 953.40

Manhole/vault Straight Splice, Primary, Larger Than 4/0. Includes: Cable Preparation, Lug, Pre-molded Splice,

Tags/tagging, Ground, Train And Rack Cable. Unit Of Measure = UT61151 Per Splice. 6 $ 178.53 $ 1,071.18

Terminate, Primary Cable Pole Riser, Three Phase, Larger Than 4/0. Includes: Hardware, Bracket, Grip, Terminators, Terminal

Lugs, Grounds, Jumpers, Lightning Arrestors, Sealing Compound, Connections, Wildlife Protection, And Tags/tagging.

UT60201 Unit Of Measure = Each. 2 $ 735.36 $ 1,470.72

Primary Cable, Three Phase, Larger Than 4/0. Includes: Set Uplbreakdown, Identifying Phases, Pulling Cable In/out Of

Conduit, Maintaining Moisture Seal At Cable Ends, And CB20201 Cleanup. Excludes Crane Cost. Unit Of Measure = Per Foot. 3036 $ 5.73 $ 17,407.74

$ 29,707.74

Page Number 3

~R Electric Delivery LLC

Project No.: Project Description: Dallas County No.: Federal Proj. No.: CSJ:

3172298 Millers Ferry and Pleasant Run MCIP31401 HP2010(854) 0918-45-844

~.

Materials Estimate E4!li1l!8ted UOM CU.JD

Stock' Description Quantilv !tam

1 EA NWP.CONTR 314428 PLATE, AL, 6 X 5 X 0.018", FLN, W/4

6 EA PSS11510 448559 TAG, SPLICE, 2" X 5", YELLOW, FOR CABLE,

1 GA MANHOLE3W 312674 PRIMER, JOINT SEALANT, MANHOLE, CONCRETE

1 GA MANHOLE4W 312674 PRIMER, JOINT SEALANT, MANHOLE, CONCRETE

2 LB DGPRM 303244 WIRE, ELEC, BARE, CU, #6, SD, SOLID,

2 EA CCSQT 397666 CLEANER, DEGREASER/SOLVENT, ELECTRICAL

40 EA DMHRP3W 300737 CLAMP, CABLE, 3/8 IN OUTSIDE DIA, ONE

100 EA DMHRP3W 303519 ANCHOR, EXPANSION, NAIL DRIVE, 1/4 IN

2 EA ELECTMARKERCOND 307391 MARKER, BURIED DEVICE, ELEK TUNED, RED,

1 EA GS516 302995 INSULATOR, GUY STRAIN, 36", FIBERGLASS

2 EA CCAP6PVC 312114 FITTING, CONDUIT, CAP, PVC, 6", SCH 40,

1 EA ASS83 309981 ROD, ANCHOR, EXTEN, POWER INSTALLED,

5 QT CEMNTPVC 303712 CEMENT, PVC, CLR, 1 QT/CN, 12 CN/CS

2 EA AE135 310004 PLATE, ANCHOR, EXPANDING, 8" HOLE,

6 LB AD10U 303244 WIRE, ELEC, BARE, CU, #6, SD, SOLID,

1 EA ASS83 310677 ANCHOR, AS5Y, INC: SINGLE 8" HELIX,

6 RL AF500 287790 TAPE, ELEC, GLASS CLOTH,

6 RL AF600 287790 TAPE, ELEC, GLASS CLOTH,

6 EA RCC3POOAJ 287798 CONNECTOR, TERM, LUG, COMPN, CU, TIN

2 EA GT716 302993 INSULATOR, GUY STRAIN, FIBERGLASS ROD,

6 RL 314500S 314500 TAPE, ELEe, EPR W /MASTIC, 90 DEG,

3 EA PBSTANDOFF 304158 CHANNEL, 4 WAYT·SLOT, AL, 24", FOR

4 EA CCP5D6P 300385 FITTING, CONDUIT,S DEG ANGLE, CPLG,

1 EA RSND 308153 RACK, SECNDY, 2 PT, DE, TES DWG 1371

2 EA AE135 310630 ROD, ANCHOR, TWINEYE, 3/4" X 9', THD,

10 LB RCC3POOAJ 303252 WIRE, ELEC, BARE, CU, #2/0, SD, 7-STR,

6 EA PJ053PM 328152 CONNECTOR, COMPN, C-BODY, CU-CU, 300-500

Estimated Estimated Cost Per Unit Cost

$ 2.14 $ 2.14

$ 0.96 $ 5.76

$ 11.06 $ 11.06

$ 11.06 $ 11.06

$ 6.19 $ 12.38

$ 6.21 $ 12.42

$ 0.34 $ 13.60

$ 0.17 $ 17.00

$ 9.29 $ 18.58

$ 18.90 $ 18.90

$ 10.82 $ 21.64

$ 24.66 $ 24.66

$ 6.64 $ 33.20

$ 17.71 $ 35.42

$ 6.19 $ 37.14

$ 41.00 $ 41.00

$ 8.13 $ 48.78

$ B.13 $ 4B.78

$ 8.70 $ 52.20

$ 26.31 $ 52.62

$ 8.89 $ 53.34

$ 18.31 $ 54.93

$ 13.88 $ 55.52

$ 56.01 $ 56.01

$ 31.05 $ 62.10

$ 6.56 $ 65.60

$ 11.53 $ 69.1B

Page Number1

Estimated UOM CU;..ID Stock Description Estimated Estimated Quantltv Item . Coat Per Unit Cost

2 EA CB36R6P 308171 FITTING, CONDUIT, PVC, ELL, SCH 40, 90 $ 37.69 $ 75.38

2 EA CB36R6PM 308171 FITTING, CONDUIT, PVC, ELL, SCH 40, 90 $ 37.69 $ 75.38

1 EA GT716 304176 PLATE, POLE EYE, DOUBLE EYE, GALV DUCTIL $ 81.62 $ 81.62

4 EA CB22D6P 300367 FITTING, CONDUIT, PVC, 22-1/2 DEG, ELL, $ 22.45 $ 89.80

2 EA CPC5 310067 COMPOUND, CABLE PULLING, WATER-SILICONE $ 46.04 $ 92.08

4 EA CB45D6P 300374 FITTING, CONDUIT, PVC, 45 DEG, ELL, $ 26.97 $ 107.88

3 EA PBSTANDOFF 462315 BRACKET, CONDUIT STANDOFF, FOR BANDING $ 37.51 $ 112.53

3000 FT PTAPE25X 321068 ROPE, PULL TAPE, 2500# PRELUBRICATED $ 0.04 $ 120.00

4 EA DE3435 318728 INSULATOR, SUSPENSION, 35 KV, POLYMER/ $ 31.81 $ 127.24

6 BX CCWT 492814 CLEANER, DEGREASER/SOLVENT, WIPES FOR $ 21.51 $ 129.06

6 EA TOSOOOAM 328034 CONNECTOR, SLEEVE, COMPN, NON-TENSION, $ 22.54 $ 135.24

2 EA CDHH 310213 CROSSARM, 8' X 4-3/4 X 5-3/4", DIST, $ 67.62 $ 135.24

16 EA CCPLSLlP6D 492960 FITTING,CONDUIT,PVC,SCH 40,LONGLlNE, $ 8.47 $ 135.52

2 EA RC3POOAJ 312353 GRIP, CABLE, 6" CONDUIT, 4.00 TO 4.49" $ 68.88 $ 137.76

30 RL AF600 300637 TAPE, ARC AND FIREPROOFING, $ 5.14 $ 154.20

7 EA PDES556 304166 CLAMP, STRAIN, DEADEND, STRAIGHT, $ 22.05 $ 154.35

1 KT BF 314040 FOAM, POLE BACKFILL, POLYURETHANE, $ 155.22 $ 155.22

3 EA PBSTANDOFF 461960 POLE BANDING WITH RETAINER, 5/8" $ 53.40 $ 160.20

31 EA CCPLG6D 300381 FITTING, CONDUIT, CPLG, PVC, TYPE II, 6" $ 5.57 $ 172.67

6 EA AD10U 302785 ARRESTER, SURGE, DIST, POLYMER, $ 31.10 $ 1 B6.60

6 EA PWC79579SM 329516 CONNECTOR, WEDGE, IMPACT, AL ALY BODY, $ 34.36 $ 206.16

6 EA PWC795477 300197 CONNECTOR, WEDGE, IMPACT, 795-477 AAC, $ 34.86 $ 209.16

40 LB DMHRP3W 306477 WIRE, ELEC, BARE, CU, #4/0, SD, 19 STRD $ 6.37 $ 254.BO

36 RL AF500 300636 TAPE, ARC AND FIREPROOFING, $ 8.42 $ 303.12

116 FT DB2X2 300398 CONDUIT, PVC, DB-60, 6" X 20', OBE, $ 2.83 $ 328.28

6 PR DTR2S900SET 305862 ADAPTER, POLE DISCONNECT FRAME TO $ 57.03 $ 342.18

2 CT MANHOLE3W 312676 GASKET, JOINT SEALANT, MANHOLE, CONCRETE $ 172.48 $ 344.96

2 CT MANHOLE4W 312676 GASKET, JOINT SEALANT, MANHOLE, CONCRETE $ 172.48 $ 344.96

60 FT UZC76 329017 CONDUIT, PVC, SCH 80, 6" X 10', OBE, $ 5.85 $ 351.00

30 FT PJ053PM 311688 CABLE, ELEC, 5KV, l/C-SOO KCMIL 37-STR $ 11.88 $ 356.40

18 EA 3161855 316185 SLEEVE, CABLE ACCESSORY, COLD APPLIED, $ 20.22 $ 363.96

1 RL PBROLL 448513 BANDING, STEEL & CONCRETE POLE, 1-1/4" $ 461.94 $ 461.94

6 EA TOSOOOAM 323908 TERMINATOR, CABLE, 25KV, OUTDOOR, 1000 $ 102.92 $ 617.52

80 FT CElOOOAL 311630 CABLE, ELEC, 25KV, 1/C-l000 KCMIL AL, $ 8.78 $ 702.40

Page Number2

EstIm,ted UOIII CU_ID Stock Description Estim,ted Estimated

QuantitY .--- . It am - - .- Cost Par Unit Cost

550 EA CSPR6B50 320772 FITTING, CONDUIT, PVC, SPACER, BASE 6" $ 1.32 $ 726.00

260 FT DB2Xl 300398 CONDUIT, PVC, DB-60, 6" X 20', OBE, $ 2.83 $ 735.80

600 EA CSPR6M50 320773 FITTING, CONDUIT, PVC, SPACER, INTERMED, $ 1.32 $ 792.00

6 EA FLRISER 449478 INDICATOR, CBL FAULT, 800A, INTEGRAL SEN $ 138.00 $ B28,00

1 EA MANHOLE3W 327563 COVER, MANHOLE, W/FRAME, 361N OPENING, $ 841,62 $ 841,62

1 EA MANHOLE4W 327563 COVER, MANHOLE, W/FRAME, 36 IN OPENING, $ 841,62 $ 841,62

6 EA PSS11510 300246 CONNECTOR, 25KV, SPLICE, 1000 KCMIL AL $ 161,00 $ 966,00

154 LB DMHRP3W 303257 WIRE, ELEC, BARE, CU, 500 KCMIL, 37-STR $ 6,32 $ 973.28

1 EA PW0553 301539 POLE, WOOD, DIST, 55', CL 3, TUE SPEC $ 1,013,11 $ 1,013,11

18 EA DMHRP3W 314465 RACK, CABLE, UG, NON-METAL, FG, 36", $ 57.80 $ 1,040.40

414 FT DB2X3 300398 CONDUIT, PVC, DB-60, 6" X 20', OBE, $ 2,83 $ 1,171,62

6 EA DTR25900SET 308581 SWITCH, DISCONNECT, TERMINAL POLE, 23KV, $ 314,28 $ 1,8B5,68

36 EA DMHRP3W 314466 ARM, CABLE RACK, FIBERGLASS, 20", 10/CS $ 57,80 $ 2,080,80

240 FT RC3POOAJ 311630 CABLE, ELEC, 25KV, l/C-lOOO KCMIL AL, $ 8,78 $ 2,107.20

2216 FT DB2X4 300398 CONDUIT, PVC, DB-60, 6" X 20', OBE, $ 2,83 $ 6,271,28

1 EA MANHOLE3W 323108 MANHOLE, CABLE SPLICING, PRECAST $ 6,305,79 $ 6,305.79

1 EA MANHOLE4W 316942 MANHOLE, CABLE SPLICING, PRECAST $ 6,660,05 $ 6,660,05

2718 FT AUBQTOOOC 311630 CABLE, ELEC, 25KV, l/C-lOOO KCMIL AL, $ 8,78 $ 23,864.04

$ 67,764.12

Page Number3

CSJ: 0918-45-844

Voucher Estimate Description Quantity Unit

21,ouu.UUI Civil cost (labor) to install 2EG concrete

109 feet encased duct bank

Civil cost (labor) to install 6EG concrete 54 feet

duct bank

I cost (labor) to install 4EG concrete 419 feet

duct bank

760.00 87,'+u'".U'"1 cost (labor) to install 4E6 bore in

115 feet 24" steel encasement

Spacers with bands & buckles 25 units

duct bank 1

28 hours 1

Sub Total Without Betterment

cost (labor) to install 8EG concrete 419 feet 27,235.00

cost (labor) to install 8E6 bore in 115 feet

I (differ'en"e in cost between 4E6 and BE6)

ICcmduit. PVC, DB-60, 6" X 20', OBE, 2216 feet 2.83 6,271

Bore Spacers with bands & buckles I (differ'en"e in cost between 4E6 and BE6).

25 units 350.00 8,"""1111'

Sub Total With Betterment


Project No.:


Dallas County No.:

Federal Proj. No.:

CSJ:

Start Date:

Estimated Completion Date:

3172298


MCIP 31401

HP2010(854)

0918-45-844

December 3,2012

February 15, 2013


Project No.:


Dallas County No.:

Federal Proj. No.:

CSJ:

(A) Like In-Kind (B) With Betterment (X) Variance

XIB

3172298


MCIP 31401

HP2010(854)

0918-45-844

439,622.53 559,651.07 120,028.54

21.4470%

WR NO. _~I'{C'~ SHEET OF 1

ELECTRIC CONS TRUC TION PRINT

~R WR NAME "\2.E~"L_OGb...\e CUSTOMER 'g.U I-l 'g 1>. ADDRESS

LOCATION

DESIGNER ~.e .D. ~~~~-----------

USERID

PHONE

C 21112 Or>c .... ElecvlC Delivery

Fl-lC ?I...EAS.a..I-l'T 0\46e?A.SS

PROJECT MANAGER

PHONE NUMBER

DATE 09-20-2012

SCALE N:r.S. SERVICE CENTER

OFFICE

MAPSCO

~ drawlngs,~nd .,lecvonlc d"ta ip>"c<AA:W""1t CI"&<tted for the Interne\ p"poH5 of Oncor Electric O&hver~ With no ""PhCl>tlon of ,uH .. b1l1toj "" r,tr1~' for the ,ntended""" of the r!oc1~,ent. Oncor Electric o .. hvlJt"~ ,,11 ",..k" good ,,,,t), "ffort.. to pro.lde producb that .... " free f .. OCt error. but do ... ""t wor .. ""t the cee ..... ocy ()I" queht;j of , •.• eh .,..O<iu!:!b. ,he loc<tl.!o'" ,r..".n".." "WC><UII"tl",,", ond,..." no, ."tended to .nor e~eoet locations. Product. pt"ovH1ed to other pOI"ue, by Oncor ElectrIc Oehve"\l <Ire for tile Inte,.",,1 /JSlI of the ,ecl~,ent.1It">d the r"c'p".nt ogr"'" not to Wpl":,,ta or distrIbute the products or ...... portion of the products to thIrd p .... tl'" Without t),,, .... ''''" wr,tterl p.m'SlLon of Oncor Eh,etrlc o..h.~ The ceclp,ent r""th".. "W- to hold n .... ml .... .,..,.; md .... ,,,f~ Oncor El~etr)c Oehv .. r-y "9(U,,,t "n cIOlm •• ccsts. u"en one! d""""lu .. &SUit'ng r.e .. c~ l'YedlC<llOd IJPO" .tngt h<ltni>tv fer pe~."",,1 ,nJu~,n.duth or prop..-tIj dem"S8'cn ""c:cunt of ""'!I dafllCu In the P'""P"rtlj prOVided h"...eund"...,

\ 1'-\50 "i'.LL 3, - \ COO'" 1<c.NI\ L ""UN.ms~~'.D c..b~Ouc."'t'O IN N.E\I'o.1 Ou.c:..T ~ 700'"

gE~ :& -4-11 A.C..-=-'2- "PRI, ~-_....J ~. 4/o-~ t'l'E.u"'t"JUo-\.,.

, ,

0",&2. lol'E.A.,O U:::. t-.) 'Ou.<."", ()12. c;. 4-'50'

, , , , ,

, , , ,

COURT ORDER

ORDER NO.


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,

held on the -.::2:o.:7-=;th=--_____ day of ___ -=-N-"o'-'vc-=c:.=m:::b:::e"'r'--_ 2012, on motion made by

~J~ol~m=-W~l='l=e~Y-2P~r=i~ce~,-,C=o~mml~'=s=s~i~on~er~o~f~D~i=s~t~r=i~c:::t~~~13~ _____________ and seconded by

Mike Cantrell, Commissioner of District 1/2 the following Order was adopted:

WHEREAS, Dallas County Commissioners Court was briefed on November 20, 2012, on the request of the Dallas County Clerk to have the occupants of Room 333 of the Records Building vacate such room on or about December 31, 2012;

WHEREAS, Texas Local Government Code, Section 118.024, as amended, allows members of the public free access to County Records;

WHEREAS, Dallas County has made Room 333 of the Records Building available for free to members of the public to view and copy County records;

WHEREAS, Dallas County has spent millions of tax payers' dollars to upgrade and modernize access to County records by making those records available via the internet, among other things;

WHEREAS, free access to County records is available to the public from the 2nd Floor of the Records Building, and/or online via the internet; and

WHEREAS, the Dallas County Clerk desires the use of Room 333 of the Records Building for the expansion of his Office.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court approves the request of the Dallas County Clerk to hereby order that all of the occupants of Room 333 of the Records Building vacate such room on or about December 31, 2012, and authorizes the County Judge to sign the notice to vacate.

ORDER TO VACATE ROOM 333 OF THE RECORDS BUILDING

AI

· this the _-=2cL7",th,--_day of

__ ~~~~~hd~~_A_B_S~mIT __ ~ ____ __ Maurine Dickey,

District #1

NO~ Mike Cantrell,

District #2

ABSmIT Dr. Elba Garcia, ~istric~y~)

l· '/ ~ __ ",ecommended By: --;,9-¥1""''''''~=:-;h!~P';f?l{:::~,"<:~""~,,,,---./ Gordo/ . ikel! L~istant County Administrator

ORDER TO VACATE ROOM 333 OF THE RECORDS BUILDING

DALLAS COUNTY COMMISSIONERS COURT

November 27, 2012

Dear Mr. Thames:

County Clerk John Warren has requested the space you currently occupy be made available for his permanent secured onsite records storage. The request was made on October 30, 2012 and the consensus of the Commissioners Court was to grant the request. Accordingly, the Commissioners Court of Dallas County hereby gives you notice of its intent to reallocate the space in Room 333 of the Records Building for the reasons herein given.

Please remove all private property from Room 333 by close of business December 31,2012, and please ensure that any private party who holds a key to Room 333 turn over the key as well as building access cards to the Dallas County Security Office located at the George L. Allen Courthouse, 600 Commerce Street before that date. All private phone lines to Room 333 should also be disconnected by December 28, 2012.

Anyone who wishes to have free access to examine or copy from the County Clerk records will be able to exercise that right on the 2nd Floor of the Records Building, or online via the internet. The County Clerk believes that the County has satisfied its legal duties to allow free access to County Clerk records through the above-described methods.

Thank you for your courtesy and compliance. Should you have any questions or concerns, please contact Gordon Hike!, Assistant County Administrator at 214-653-7650.

DALLAS COUNTY

COMMISSIONERS COURT

November 27,2012

Dear Mr. Hunter:

County Clerk John Warren has requested the space you currently occupy be made available for his permanent secured onsite records storage, The request was made on October 30, 2012 and the consensus of the Commissioners Court was to grant the request. Accordingly, the Commissioners Court of Dallas County hereby gives you notice of its intent to reallocate the space in Room 333 of the Records Building for the reasons herein given.

Please remove all private property from Room 333 by close of business December 31,2012, and please ensure that any private party who holds a key to Room 333 turn over the key as well as building access cards to the Dallas County Security Office located at the George L. Allen Courthouse, 600 Commerce Street before that date. All private phone lines to Room 333 should also be disconnected by December 28, 2012.



Z·n er y,

1/ la ':e~is Jenkins

Co nty Judge

DALLAS COUNTY

COMMISSIONERS COURT

November 27,2012

Dear Mr. Morelock:

County Clerk John Warren has requested the space you currently occupy be made available for his permanent secured onsite records storage. The request was made on October 30, 2012 and the consensus of the Commissioners Court was to grant the request. Accordingly, the Commissioners Court of Dallas County hereby gives you notice of its intent to reallocate the space in Room 333 of the Records Building for the reasons herein given.

Please remove all private property from Room 333 by close of business December 31,2012, and please ensure that any private party who holds a key to Room 333 turn over the l<ey as well as building access cards to the Dallas County Security Office located at the George L. Allen Courthouse, 600 Commerce Street before that date. AI! private phone lines to Room 333 should also be disconnected by December 28, 2012.

