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2012-12-04-10AM-REGULAR
a� P�O J A ? 28 N OF BRAZOS COUNW BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 4, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns. Consider and take action on agenda Items 3 - 25: 3 Proclamat 12 -026 celebmdna the 40th Anniversary of RSVP - Senior Corps in Brazos Cou and recoanizina Its volunteers for their valuable impact on the community. 4. Resolution 12 -016 Adoption of 2013 Brazos County Investment Policy. 5. Regue_st from Auditor's Office for an amendment to the County Travel Policy for an increase in the County mileage reimbursement rate to reflect the Increase In the Federal business mileage rate. g. Aowintment of Donald W Foftennann as a non -paid Deputy for Constable. P recinct 2. 7. P aymen t A u th or I za ti on to Resco Auto Service In the amount of $455.20 for auto work done for Constable. Pct 4. 8. Potent AuthorLLtion to Deputy Gary-Norton in the amount of $162.90 for reimburse for a pumhasedd Coolant Fan Relay from NAPA Auto Parts for Contable. Pct 3. g_ Payment Authorization to Dewty Gary Norton In the amount of $75.00 for reimbursement for a Tough Book Arbitrator microphone purchased on Ebay for Contable. Pct. 3. 1 Request approval for the transfer of two Dodge Chargers from the inventory of the Brazos county S rnyeedgition unit to the Brazos County Sheriff's Office. 11. Agreement between Brazos C ounty and the Brian college Station C-omrention and Visitors Bureau for the 525.000.00 HOT Fund Grant to promote the Expo and tourism for FY 2013, Vol. 7 Pg. M 12. Fiscal and Personnel Management Agreement with the Brvan/Coll Station Metropolita Plannina Oraanization's Policy Committee (MPO1: term of this agreement is 10/01/2012 throuah 9/30/2015. 13. Agreement between Texas Department of Transportation. Brvan/Colleae Station Metropolitan Planning 14 . 15. Organization Committee (MPO). and Brazos County, Permission to Advertise Bid Contract 2013-01. Janitorial and Cleaning Sumiles. Reauisition 000040829 in the amount of $1899.70 to Mon's Office Works for the purcha of furniture 1 6. for CCL 92 using Capital Funds. Consider and take action on the Wellborn Special Utility District utility permit to construct 2" road bon: 17. under Matt Wriaht Road to provide water service to customer. Consider and take action on the Final Plat of Saddle Creek Site is looted In Precinct 1. Subdivision Phase 8. 43.286 Acres. James C. Stuteville League. A -216. (College Station ETA Brazos County, Texas. Site is located in Precinct 1. 18. Consider and take action on the Vedz Communications utility permit to constnict 2" road bore located on Reed Lane. This proled will provide telephone service to customer at address #1839. Site is 19. located in Precinct 2. Consider and take action on the Final Plat of Green Branch Ridge Subdivision Phase Three, 27.88 Acre Tract Richardson Perry Survey. A-44. (Bryan ETJ) Brazos County. Texas, Site Is located in Precinct 2. 20. Consider and take action on Texas Express Pipeline LLC utility permit(s) to construct nine (9) road bores crossina the following county roads: • a. Broach Road • b. Smith Road • c. Alexander Road • d. Standing Rods Road (Standing Rock Ranch Subd.) • e. Dilly Shaw Tap Road • f. Kurten Cemetery Road • a. Old Reliance • h. Road Riley Road • 1. Cobb Road n 21. 22. Commissioners Court minutes for the following dates: • a. November 6, 2012 Regular Meeting • b. November 6. 2012 Workshop Session • c. November 13.2012 Reaular Meeting • d. November 16.2012 Special Meetina • e. November 20.2012 Regular meeting • f. November 20.2012 Workshop Session • a. November 27, 2012 Reaular MaMna 23. Budget Amendments. Budaet Amendments FY 12/1310.1 thru 10.3. 24. Personnel Change of Status. Personnel Action Forms Vol. /7 z Pg.L� 25. Payment of Claims. 26. Acknowledgement of the Purchasina Update for the Month of November 2012. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns. 30. Adjourn. Vol. / 7-Z Pg. 14 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda Items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to Issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating In public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence and/or racial, ethnic or gender slurs or epithets will not be Tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042 INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no Impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parting spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. i z pg. MINUTES December 4, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING File Stamped Aaenda.pdf Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 4, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters The County Judge led the invocation and the Pledge of Allegiance since Chaplain G. H. Jones was not present at the meeting. 2. Call for Citizen input and /or concerns. There was no citizen's input and /or concerns. Vol. pg. /�,� BRAZOS COUNTY BRYAN,TEXAS Consider and take action on agenda items 3 - 25: 3. Proclamation 12 -028 celebrating the 40th Anniversary of RSVP - Senior Corps in Brazos County and recognizing its volunteers for their valuable impact on the community. ID Item 3.Dd The County Judge read aloud a proclamation celebrating the 40th anniversary of RSVP - Senior Corp and along with the Court recognized RSVP - Senior Corp volunteers for their valuable impact on our communities. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 4. Resolution 12 -016 Adoption of 2013 Brazos County Investment Policy. Item 4.pdf A copy of the Investment policy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 5. Request from Auditor's Office for an amendment to the County Travel Policy for an increase in the County mileage reimbursement rate to reflect the increase in the Federal business mileage rate. 0 Item 5.pdf Effective January 1, 2013 the reimbursement rate for mileage will be 56.5 cents per mile. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 6. Appointment of Donald W. Foltermann as a non -paid Deputy for Constable, Precinct 2. Item 6.pdf Approved with the condition that the appointment is within the allotted number of deputies. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 7. Payment Authorization to Resco Auto Service in the amount of $455.20 for auto work done for Constable, Pct. 4. Item 7.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Payment Authorization to Deputy Gary Norton in the amount of $162.90 for reimbursement for a purchased Coolant Fan Relay from NAPA Auto Parts for Contable, Pct. 3. Item 8.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Vol 70_7 Pg. /`� Peters , Wassermann . 9. Payment Authorization to Deputy Gary Norton in the amount of $75.00 for reimbursement for a Tough Book Arbitrator microphone purchased on Ebay for Contable, Pct. 3. Item 9.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 10. Request approval for the transfer of two Dodge Chargers from the inventory of the Brazos County Special Investigation Unit to the Brazos County Sheriff's Office. Item 10.odf Vehicles transfered are as follows: 2007 Black Dodge Charger 2B3KA43G97H765124 013 -RKH 2007 Red Dodge Charger 2B3KA43G77H765123 294 -RBX Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Agreement between Brazos County and the Bryan College Station Convention and Visitors Bureau for the $25,000.00 HOT Fund Grant to promote the Expo and tourism for FY 2013. Item 11.odf The agreement is for a period of twelve months effective October 1, 2012 through September 30, 2013. The Convention and Visitor's Bureau will provide Brazos County with $25,000 in Hotel Occupancy Taxes to promote and develop tourism in Brazos County. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Fiscal and Personnel Management Agreement with the Bryan /College Station Metropolitan Planning Organization's Policy Committee (MPO); term of this agreement is 10/01/2012 through 9/30/2015. Item 12.odf The County will provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Agreement between Texas Department of Transportation, Bryan /College Station Metropolitan Planning Organization Committee (MPO), and Brazos County. Item 13.pdf Agreement becomes effective upon being signed and expires on September 30. 2018. A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Vol. pg. / �i Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Permission to Advertise Bid Contract 2013 -01, Janitorial and Cleaning Supplies. Item 14.odf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Requisition #00040829 in the amount of $1899.70 to Wilton's Office Works for the purchase of furniture for CCL #2 using Capital Funds. Item 15.odf Requisition 0040829 approved as submitted. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 16. Consider and take action on the Wellborn Special Utility District utility permit to construct 2" road bore under Matt Wright Road to provide water service to customer. Site is located in Precinct 1. Item 16.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 17. Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 8, 43.286 Acres, James C. Stuteville League, A -216, (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. lb Item 17.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 18. Consider and take action on the Verizon Communications utility permit to construct 2" road bore located on Reed Lane. This project will provide telephone service to customer at address #1839. Site is located in Precinct 2. 0. Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 19. Consider and take action on the Final Plat of Green Branch Ridge Subdivision Phase Three, 27.88 Acre Tract, Richardson Perry Survey, A -44, (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 2. Item 19.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 20. Consider and take action on Texas Express Pipeline LLC utility permit(s) to construct nine (9) road bores crossing the following county roads:a. Broach Roadb. Smith Roadc. Alexander Roadd. Standing Rock Road (Standing Rock Ranch Subd.)e. Dilly Shaw Tap Vol. /9.;Z- Pg. / 7/ Roadf. Kurten Cemetery Roadg. Old Relianceh. Road Riley Roadi. Cobb Road Project will lay twenty -inch (20 ") high pressure underground pipeline in Brazos County. All sites are located in Precinct 2. 10 Item 20.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Consider and take action on the Verizon Communications utility permit to install service drop within and along the southeast right -of -way of Foster Road for 172' to address #6165. Site is located in Precinct 4. Item 21.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Commissioners Court minutes for the following dates: a. November 6, 2012 Regular Meetingb. November 6, 2012 Workshop Sessionc. November 13, 2012 Regular Meetingd. November 16, 2012 Special Meetinge. November 20, 2012 Regular meetingf. November 20, 2012 Workshop Sessiong. November 27, 2012 Regular Meeting Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 23. Budget Amendments. Budget Amendments FY 12/13 10.1 thru 10.3. 0 Item 23.pdf 10.1 Transfer funds from Non - Departmental to District Clerk 10.2 Transfer funds from General Fund Contingency to Court Annex 10.3 Reallocate funds County Clerk Management Fund Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Personnel Change of Status. Personnel Action Forms Item 24.pdf A copy of the personnel Change of Status Requests is attached. Let the minutes reflect that there was a correction on a request for transfer. It was actually Justice of the Peace Precinct 2 Place 1 rather than Place 2. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 25. Payment of Claims. 0 Claims Sheet.pdf Vol - Pg• —_7Z ID BILL LIST 12.04.12.pdf 7104622 trough 7104941 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 26. Acknowledgement of the Purchasing Update for the Month of November 2012. 3D Item 26.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. 27. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 588 inmates in jail, 49 have electronic monitors and 17 are pending for monitors. 28. Announcement of interest items and possible future agenda topics. There were no announcements. 29. Call for Citizen input and /or concerns. There was no citizen's input. 30. Agency/ Board/ Committee reports by Court members. There were no agency /board /or committee reports. 31. Adjourn. Vol. �7eZ- pg, The foregoing minutes of the Commissioners Court meeting held December 4, 2012 have been examined and are approved in open Court this 5 day of UaCM 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyi Wassermann County Judge Commissioner, Precinct 1 6a Kenny Mallard V , Precinct 2 Commissioner, Precinct 3 Irma auley Commissioner, Precin Attest: Karen McQueen County Clerk" Vol / 7a\ Page 1,;'V BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT O� Name (PLEASE PRINT) Organization /Department dire �� � ►� � �� �- r - t J , o4e2( f Ale- dnh. r � �rI o ff. 7'k pg. j BRAZOS COUNTY COMMISSIONERS COURT MEETING ON r 2012 AT 0k Name (PLEASE PRINT) Organization /Department << A W ,A 7� & Pg. 7� _. .!8 Proclamation 40th Anniversary of RSVP - Senior Corps WHEREAS The Brazos Valley Council of Governments - Area Agency on Aging; will celebrate the 40 Anniversary of RSVP — Senior Corps; a program that has engaged thousands of senior Americans ages 55 and over in volunteerr service, at the annual RSVP Volunteer Recognition Event on December 5, 2012; and WHEREAS 255 Brazos County RSVP- Senior Corps volunteers over the past year provided 39,879 hours of service, worth more than $874 thousand inkind dollars, in helping to improve the lives of our most vulnerable citizens, distribute food to the hungry; provide independent living services, tutor children, help community organizations operate more efficiently and assist with disaster preparedness and response, and WHEREAS Service by older Americans with a. lifetime. of skills and experience helps, our communities by solving local problems, building stronger and better communities in which to live, and strengthening our democracy; and WHEREAS The RSVP — Senior Corps program. works in our seven- county Brazos Valley region to provide opportunities to enrich the lives of senior adults through meaningful service and WHEREAS The 40` Anniversary. of RSVP is an opportunity to thank RSVP- Senior Corps volunteers . for their service and recognize their impact and value to our communities, state and nation; NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim and celebrate the 40 Anniversary.of RSVP - Senior Corps in Brazos County, and for Brazos County to recognize RSVP- Senior Corps volunteers for their valuable impact on our communities. PROCLAIMED this day of 4,) .l.e 2012. Duane Peters County Judge Comdissioner Lloyd Wassermann Precinct 1 .Commissioner K y Mallar Precinct Comm' sioner Sammy Catalena Precinct 2. LA U g om ' . er I ey P recinct 12 -028 a� JY k STATE OF TEXAS } } COUNTY OF BRAZOS } BRAZOS COU RESOLUTION ADOPTION OF 2013 BRAZOS COUNTY INVESTMENT POLICY WHEREAS, the Texas Legislature set forth the Public Funds Investment Act in Government Code Section 2256, and WHEREAS, compllance with the Public Funds Investment Act requires that each county adopt by resolution a County Investment Policy; NOW, THEREFORE, BE IT RESOLVED, the Commissioners Court of Brazos County, in a regular meeting duly convened and acting in Its capacity as the governing body of Brazos County, hereby afflrms the attached 2013 Brazos County Investment Policy. IN WITNESS WHEREOF, we lave hereunto set our hands and caused the seal of Brazos County bo Is cer"er 2012. NON..DUANE PETERS, �t HON. LrLOYD WASSERMANN COMMISSIONER, PCT #1 HON. KENNY M ALLARD COMMISSIONER, #3 ATTEST: RE C:4 HOKkAREN MCQUEEN COUNTY CLERK Pg. #2 N�� 041 �r V& ' - INVESTMENT POLICY FOR BRAZOS COUNTY 1.0 INVESTMENT AUTHORITY AND SCOPE OF POLICY 1.1 This policy serves to satisfy the statutory requirements of Local Government Code 16.112 and Government Code Chapter 2256, Public Funds Investment .Act, Sub - chapters A and B, to define and adopt a formal investment policy. The Commissioners Court of Brazos County shall review its Investment policy not less than annually and shall adopt a written instrument by resolution stating that it has reviewed the Investment policy and that the written instrument so adopted shall record any changes made to the Investment policy 1.2 In accordance with Texas Local Government Code, Section 116.112 (a) or Chapter 2256, Section 2256.005 (f) and, (g) of the Public 'Funds Investment Act, the County Treasurer, under direction of Commissioner's Court, is authorized to invest County funds that are not Immediately required to pay obligations of the County. By the :approval of this policy, the Commissioners' Court designates the County Treasurer as Investment' Officer, assisted by the Deputy Treasurer certified as a County Investment Officer by TAC, to be responeible1or the investment of Its funds consistent with the County's investment policy. Authority granted to a person to Invest the County's funds is effective until rescinded by the Commissioner's Court, .until the expiration of the officer's term, or until termination of the person's employment by the County. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the Investing County. An Investment Officer who has a the business relationship with s business organization offering to engage in an investment transaction with the County shall file a statement disclosing that personal business interest. An Investment Officer who Is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the County shall file a statement disclosing, that relationship. This statement must be filed with the Texas Ethics Commission and the Brazos County Commissioners Court. For the purposes of this requirement,. and Investment Officer has a personal business relationship with a business organization. if: V Revised 12.21.2010 Vol. P — 1 r. 1.2.1 The Investment Officer owns 10 percent or more of the voting stack or shares of the business organization, or owns $5,000 or more of the fair market value of the business. organization; 1.2.2 Funds received by the Investment Officer from the business organization exceed ten (10) percent of the Investment Officer's gross income for the previous year; or 1.2.3 The Investment Officer has acquired from the business organization during the previous year Investments with a book value ' of $2,500 or more for the personal account of the Investment Officer. 1.3 An appointed Investment Advisory Committee shall be approved by Commissioners' Court. This Committee.will serve in an advisory capacity to the County's. investment Officer. The Committee -will meet twice a year or as ,requested by the County's Investment Officer to review strategies and monitor the progress of the County's investment program. 2.0 INVESTMENT OBJECTIVES 21 POLICY. It is the policy of Brazos County to invest - public funds in a manner,. which will provide the highest .investment return while seeking to ensure the ..preservation of capital and to meet 'the daily cash flow demands of the County. This investment policy applies to all financial assets of. all funds of Brazos County at the present time, any funds to be created in the future; and any other funds held in .custody by the' County Treasurer; unless expressly prohibited by law. 2.2 GENERAL. STATEMENT. Funds of the County will be invested in accordance with federal, state, and local statutes, this investment, policy,. and written administrative procedures and strategies that have been adopted by Commissioners' Court resolution and revised as needed. 2.3 SAFETY. Brazos .County is concerned, about* the preservation of its principal; therefore, the return of principal and safety of principal are primary objectives in any investment transaction. 2.4 LIQUIDITY. The County's investment portfolio must be structured to conform to an asset/liability management plan; which provides for 'the liquidity necessary to pay obligations as they become due. 2.5 YIELD. It will be the objective of the County to earn a yield higher than that paid on 91 -day T -Bills within. the policies Imposed by Its safety and : u Revised 12:21.2010 2 liquidity objectives, investment strategies for each fund, and state and federal law governing the Investment of public funds. 2.6 DIVERSIFICATION. It will be the policy of Brazos County to diversify its portfolio to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of Investments. Investments selected by the County shall always provide for stability of income and reasonable liquidity. 2.7 MATURITY. Portfolio maturities will be structured to meet the obligations of the County first and then to achieve the highest return of interest. When the County has funds that will not be needed to meet current-year obligations, maturity restraints will be imposed based upon the investment strategy for each fund. The maximum allowable stated maturity of any Individual investment owned by the County is two (2) years. The maximum dollar - weighted average maturity for pooled fund groups shall be 180 days. 2.8 QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT. It is the County's policy to provide the training required by the Public Funds Act, Sec. 2256.008 through courses and seminars offered by professional organizations and associations. This training will insure the quality, capability and currency of the Treasurer /County Investment Officer in making Investment decisions. 2.8.1 The Treasurer /County Investment Officer shall: 2.8.1.1 Attend at least one training session from the County Treasurers' Association of Texas, Texas Association of Counties, GFOA, or an approved source containing at least ten (10) hours of Instruction relating to the Tressursr's/CIO's responsibilities under the Public Funds Investment Act within 12 months after taking office or assuming duties; and 2.8.1.2 Attend an Investment training session not less than once in a two-year period and receive not less than 10 hours of Instruction relating to Investment responsibilities under the PFIA from the County Treasurers' Association of Texas, Texas Association of Counties, GFOA, or an approved source. 2.8.2 Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the PFIA. Revist -d 12.21.1010 3 qA 3.0 INVESTMENT TYPES. The Brazos County Investment Officer shall use. any or all of the following. authorized investment instruments consistent with governing law: 3.1 OBLIGATIONS OF, OR GUARANTEED BY, GOVERNMENTAL ENTITIES 3.1.1 Obligations of the United States or its agencies and instrumentalities; 3.12 Direct obligations of the State of Texas or Its agencies and instrumentalities; 3.1.3 Other obligations, the principal of and interest on which are unconditionally guaranteed 'or Insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities; and 3.1.4 Obligations of states, agencies, counties, citles, and other political sub- divisions of any state having, been rated as to investment quality. by a nationally recognized Investment rating firm not less than W or its equivalent.. 3.2' CERTIFICATES OF DEPOSIT if issued by a depository institution that has its main office or a branch office in this state_ and is:. 3.2.1 102% collateralized; 3.2.2 Guaranteed or insured by the Federal Deposit, Insurance - corporation or Its successor; 3.2.3 Secured by that are described in Section 3.1 of this policy, including mortgage backed aecurldes directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage- backed securities of the nature described by Section 3.8 of this policy; or 3:2.4 Secured in, any other manner and amount provided by law for deposits of the County. 3.3 A FULLY COLLATERALIZED REPURCHASE AGREEMENT,; as defined in the Public Funds Investment Act, is an authorized investment under this section if the repurchase agreement: 3.3.1 Has -a defined termination date; � C Revised 12.21.2016 Pg. 4 3.3.2 Is secured by obligations that are described, in Section 3.1 of this policy; including mortgage backed securities directly issued by a federal agency. or Instrumentality than have a market value of not less.than, the principal amount of the certificates; 3.3.3 Requires the securities being purchased by the County to be pledged to the County; held In the County's name, and deposited at the. time the investment is made with the County or with a third party selected and approved by the County; and 3.3.4 Is placed through a primary govemment securities dealer, as defined by the Federal Reserve, or a financial `.institution doing business In this state. 3.4 A BANKERS' ACCEPTANCE If it 3,4.1 Has a. stated maturity of 270 days or fewer from the date of Its Issuance; 3.4.2 Will be, In accordance with its terms, liquidated In full at maturity; 3.4.3 Is eligible for collateral for borrowing from a Federal Reserve Bank; and 3.4.4 Is_accepted by a bank organized and exisdng under the :laws of the United Sates or any state, If the short-term obligations of the bank, I or of a bank holding company of. which the bank Is the largest subsidiary, are rated not less than A -1 or P -1 or an equivalent 'rating by at least one nationally recognized credit raring agency. 3.5 COMMERCIAL , PAPER Is an authorized Investment under this subchapter if the commercial paper:. 3.5.1 Has a stated maturity of 90 days or fewer from the date of Its issuance; and 3:5.2 Is .rated not less than A -1 by Standard and Poors and P -1 by Moodys rating agencies. 3.53 'Relative to Commercial Paper the County may not. 3.5.3.1 'Have more than 25 of the portfolio invested in Commercial Paper at the time of any one commercial paper purchase; ,. Revised 12.21.2010 Vol. � Fg - 0 3.5.3.2 Have more than a $2 million purchase in any one Commercial Paper issue; or 3.5.3.3 Purchase Commercial Paper unless it is on the list of issuers approved by the Investment Advisory Committee and mailed to the approved broker /dealers for review. 3.6 MONEY MARKET MUTUAL FUNDS if the Commissioners' Court by resolution authorizes Investment in the fund with limitations described below: 3.6.1 A no -load money market mutual fund is authorized if it 3.6.1.1 Is registered with and regulated by the Securities and Exchange Commission; 3.6.1.2 Provides the Investing entity with a prospectus and other Information required by the Securities Exchange Act of 1934 (1S U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); 3.6.1.3 Has a dollar - welghted average stated maturity of 90 days or fewer; and 3.6.1.4 Includes in its Investment objectives the maintenance of a stable net asset value of $1 for each share. 3.6.2 Relative to money market mutual funds, the county may NOT 3.6.2.1 Invest its funds or funds under Its control, including bond proceeds and reserves and other funds held for debt service, In any one money market mutual fund in an amount that exceeds 10 percent of the total assets of the money market mutual fund. 3.7 ELIGIBLE INVESTMENT POOLS 3.7.1 Brazos County may Invest Its funds and funds under its control through an eligible investment pool, as defined In the Pub#c funds Investwent&4 If the Commissioners' Court by resolution authorizes Investment in the particular pool. An investment pool shall invest the funds it receives from entitles In authorized investments permitted by the PUNIC Funds Inw-s&nent Act 3.8 GUARANTEED INVESTMENT CONTRACTS. The Brazos County Investment Offlcer will make !14 Investments in derivative products. The Revised 12.21.1010 1 -- 6 Vol. 1 P9 194-1 Public Funds Investment Act specifically prohl the following Investments: 3.8.1 A guaranteed Investment contract is an authorized investment for bond proceeds if the guaranteed. Investment contract: 3.8.1.1 Has a defined termination date; 3.8.1.2 Is secured by obligations, Including letters of credit, of the United States or Its agencies and instrumentalities, excluding those obligations described by section 3.9, in an amount at least equal to the amount of bond proceeds Invested under the. contract; and 18.1.3 Is. pledged to the entity and_ deposited with the entity or with a third party selected and approved by the entity. 3.8.2 Bond proceeds, other than bond proceeds representing reserves and funds. maintained for debt service purposes, may not be invested under this section in a guaranteed Investment contract with a term of longer than five years from the date of Issuance of the bonds. 3.83 To be eligible as an authorized investment: 3.8.3.1 the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible .investment in the order, ordinance or resolution authorizing the issuance of bonds; 3.8.3.2 the entity must. receive bids from at least three separate providers with no materlal financial Interest In the bonds from which proceeds were received; 3.8.3.3 the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid Is received; 3.8.3.4 the price of the guaranteed`.investment contract must take Into, account the reasonably expected' drawdown schedule for the bond proceeds to be invested; and 3.8.3.5 the provider must certify the administrative costs reasonably expected to be paid to third parties in connection .with the guaranteed investment contract. ;w= k4 . Revised 11.21.2010 7 pg �J r N: 3.9' Prohibited. The Brazos County Investment Offlcer will make ng Investments in. derivative products. The Public. Funds Investment Act specifically ganhlbits the following investments: 19:1 Obligations whose, payment represents the coupon payments on the out - standing principal balance of the underlying mortgage- backed security collateral and pays no principal;, 3.9.2 Obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest; 3.9.3 Collateralized mortgage obligations that have a stated final maturity date. of greater than 10 years; and 3.9.4 Colllateralized mortgage obligations the Interest rate of which is determined by an index that adjusts opposite to the changes In a market index. 3.10 Eff, ect of Loss of Required Rating. An investment that requires a minimum rating under the PFIA does not qualify as, an authorized investment during the period the Investment does not have the minimum rating.. The County. Treasurer/Investment Officer shall take all prudent measures that are consistent with this Investment policy to liquidate an investment that does not have the minimum rating. The County, however, Is. not .required to liquidate investments that were authorized Investments at the time of purchase.. 4.0 INVESTMENT STRATEGIES 4.1 in accordance with the Public Funds, Jnvestment Act, a .separate written Investment - strategy will be developed for each of the funds or group of funds under Brazos County's control. Each strategy must describe the Investment objectives for the ,particular fund using the following 'priorities In order of importance: 4.1.1. Understanding of the suitability of the investment to the financial requirements of the County; 4.1.2 Preservation and safety of principal;• 4.1.3 Liquidity; Revised 12.21.2010 p r' 0 R S �rvT h 4.1.4 Marketability of the Investment if the need arises to liquidate the investment before maturity; 4.1.5 Diversification of'the investment portfolio; 4.1.6 Yield;. and 4.1.7' Maturity restrictions. 4.2 The Commissioners' Court of Brazos County shall review Its investment strategies not'leas than annually and shall adopt a written Instrument by resolution - stating that It has reviewed the investment strategies and that the written instrument so adopted shall record any changes made to investment °strategies. 5.0 INVESTMENT RESPONSIBILITY AND CONTROL 5.1 INVESTMENT INSTITUTIONS DEFINED. Brazos County funds shall be Invested with *or through any or all of the following Institutions or groups consistent, with federal and state law and the current Depository Bank contract: 5.1.1 Depository bank;. 5.1.2 Other state or national banks domiciled in 'Texas that are insured by FDIC; 5.1.3 Savings and loan associations domiciled in Texas that are insured by FSLIC (or'its successor); 5.1.4 Public funds investment pools; or 5.1.5 Govemment securities brokers and dealers meeting the following quaiifIcationw 5.1.5.1 A written copy of this investment policy shall be presented Jo any 'person offering to engage in an 'investment transaction with the County. For purposes of this section, .a business organization includes Investment pools. Nothing in this .section relieves the County of the responsibility for monitoring the investments made by the County to determine that they are In compliance.. with the Investment policy. -s I Revised 12.21.2010 9' uu L� 5.1..5.2 The qualified representative of the business organization offering to engage in an investment transaction with the County shall execute a written instrument in a form acceptable to the County and the business. organization substantially to the effect that the business organization has; 5.1.5.2.1 Received and reviewed the investment policy of the County; and 5.1.5.2.2 Acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the County and the organization that are not authorized by the County's investment policy, except to the extent that this authorization Is dependent on an analysis of the makeup of the County's entire portfolio or requires an Interpretation of subjective investment standards. 5.1.5.3 The County Investment Officer may not acquire or otherwise obtain any authorized investment described in the County's investment policy-from a person who has not delivered to the County the instrument - .required above. 5.1.5.4 The Brazos County. Investment Advisory Committee shall,, at least annually; review,'revise,, and recommend a list of qualified brokers to the Commissioners' Court. The Court shall adopt the 'llst of qualified brokers who are& authorized to engage in Investment transactions with the County.. Selection of brokers will be based upon the following: 5.1.5.4.1 Qualifications -and capabilities of the firm in 5.2 STANDARDS OF OPERATION acMsed 1 2.21.2010 - P9• 10 / �� dealing with public entities; 5.1.5.4.2 Qualifications and 'capabilities of the relationship manager; 5.1.5.4.3 Market capitalization of the firm:. 5.1.5.4.4 The number of transactions won through competitive bidding; 5.1.5.4.5 Prompt and accurate confirmation of transactions; • 5:1.5.4.6 Efficient securities delivery; 5.1.5.4.7 Accurate market information; and 5.1:5:4.8 Account servicing. 5.2 STANDARDS OF OPERATION acMsed 1 2.21.2010 - P9• 10 / �� 5.2.1 The County Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program consistent with this investment policy. 5.2.2 It shall be the policy of the County that all transactions, except Investment pool funds and money market mutual funds, be settled on a delivery. versus payment basis. 5.2.3 All investment funds will be placed directly with qualified financial Institutions.. The County will not deposit nor Invest through third parties or money brokers. 5.2.4 The market price of the County's investments shall be monitored by soliciting prices at least quarterly from a qualified broker. 5.3 PRUDENT STANDARD OF CARE. 5.3.1 In the administration of the .duties of the Investment Officer, the person designated as Investment Officer shall exercise the judgment and care, under prevailing circumstances, that a person of prudence; discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.. The Commissioners' Court of Brazos County; however, retains ultimate responsibility as fiduciaries of the assets of the County. Investment of funds shall be governed by the following investment objectives, in order of priority: preservation and safety of principal; liquidity; and yield. 5.3.2 In determining whether an Investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 5.3.2.1 The Investment of all funds, or funds .under the County's control, over .which the officer had responsibility rather than a consideration as to the prudence of a single Investment; and 5.3.2.2.Whether or not the Investment. decision was consistent with the written Investment policy of the entity. 5.4 COLLATERA --L OR INSURANCE. The Brazos County Investment Officer shalt 'Insure that all County funds are 102% collateralized or Insured consistent with federal and state law and the current Bank Depository Contract in one or more of the following manners: 5.4.1 FDIC Insurance coverage; RevKed 12.21.2010 11 a 1. _ Pg. l � 7 X-1 ` l . 5.2.1 The County Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program consistent with this investment policy. 5.2.2 It shall be the policy of the County that all transactions, except Investment pool funds and money market mutual funds, be settled on a delivery. versus payment basis. 5.2.3 All investment funds will be placed directly with qualified financial Institutions.. The County will not deposit nor Invest through third parties or money brokers. 5.2.4 The market price of the County's investments shall be monitored by soliciting prices at least quarterly from a qualified broker. 5.3 PRUDENT STANDARD OF CARE. 5.3.1 In the administration of the .duties of the Investment Officer, the person designated as Investment Officer shall exercise the judgment and care, under prevailing circumstances, that a person of prudence; discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.. The Commissioners' Court of Brazos County; however, retains ultimate responsibility as fiduciaries of the assets of the County. Investment of funds shall be governed by the following investment objectives, in order of priority: preservation and safety of principal; liquidity; and yield. 5.3.2 In determining whether an Investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 5.3.2.1 The Investment of all funds, or funds .under the County's control, over .which the officer had responsibility rather than a consideration as to the prudence of a single Investment; and 5.3.2.2.Whether or not the Investment. decision was consistent with the written Investment policy of the entity. 5.4 COLLATERA --L OR INSURANCE. The Brazos County Investment Officer shalt 'Insure that all County funds are 102% collateralized or Insured consistent with federal and state law and the current Bank Depository Contract in one or more of the following manners: 5.4.1 FDIC Insurance coverage; RevKed 12.21.2010 11 a 1. _ Pg. l � 7 U,. n a 5.4.2 Obligations of the United' States or Its agencies and instrumentalities; 5.4.3 Direct obligations of the State of'Texas or its agencies; 5.4.4 Other obligations, the principal of and Interest on which are unconditionally guaranteed or Insured by the State of Texas or the United States, or Its agencles and instrumentalities; 5.4.5 Obi of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and havinggreceived a rating of not less than OX or its equivalent; or 5.4.6 Any other manner allowed by law. 5.5 SAFEKEEPING 5.5.1 All securities purchased by the County shall be held in safekeeping by the. County, or a County account' in a third party financial institution, or with the Federal Reserve Bank. 5:5.2 All Certificates of Deposit, insured by the- FDIC; putchased outside the Depository Bank shall be held in safekeeping by either the County or a County account in a third party financial institution. 5.5.3 All pledged securities shall be held in safekeeping by the County, or a County account in a third party financial institution, or with a Federal Reserve Bank. 5.6 AUDIT CONTROL. 5.6.1 The Investment Officer of Brazos County will establish a liaison with the County Auditor In preparing. investment forms, for accounting and auditing control. 54:2 The Commissioners' Court of Brazos County shall have an annual financial audit of all County funds by an independent auditing firm, as well as an annual compliance audit of management controls on investments and established investment. policies. 5.6.3 If the County invests in other than money market. mutual funds, Investment pools or accounts offered by. its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared,. by the Investment Officers under this section shall be formally reviewed at least annually by an Independent auditor, and the result of the review shall be reported to the Commissioners Court by auditor. S 9 �t Rrwised 12.21.2.010 - .. -- 12 P9 . _ m } 6.0 INVESTMENT REPORTING AND PERFORMANCE EVALUATION 6.1 QUARTERLY REPORT. At least quarterly, `the Investment Officer shall prepare and . submit to the Commissioners' Court a written report of Investment transactions, for all funds for the preceding reporting period within a reasonable time after the end of the period. The report must: 6.1.1 Describe in detail the investment position of the County on the date of the report; 6.1.2 Be prepared Jointly by all Investment officers of the County; 6.1.3 Be signed by each of the investment officers of the County; 6.1.4 Contain a summary statement, prepared, in compliance with generally accepted accounting principles,. of each pooled fund group that states the following:. 6.1.4..1 Beginning market value for the reporting period; 6.1.4.2 Additions and changes to the market value during the . period; 6.1:4:3 Ending market value forthe period; 6.1.4.4 Fully accrued Interest for the reporting period, and 6.1.4.5 The dollar weighted average maturity of the portfolio: 6.1.5 State the book value (the original acquisition, cost of an Investment plus or minus the accrued amortization -or .accretion) and the market'value (current. face or value of an investment multiplied by the net selling price of the security as,quoted by a recognized market at source quoted on the valuation date) of each separately invested asset at the beginning and end 'of the reporting period by the type of asset and fund type invested; 6.1.6 State the date of maturity of each separately invested asset that has a maturity date; 6.1.7 State the account or fund or pooled group fund in the County for which each Individual Investment was acquired; and 6.1.8 State the compliance of the Investment portfolio of the County as it relates'to the following: 6.1.8.1 The Investment strategy expressed In the County's 3. investment policy, and i i Revised 12.21.20 10 13 JL _ Pg• i ` 6.1:8.2 Relevant provisions of Chapter 2256 Texas Government Code, as amended. 6.2 'NOTIFICATION OF INVESTMENT CHANGES. It shall be the duty of the County ' investment Officer of Brazos County, Texas, to notify the Brazos County Commissioners' Court of any-, significant changes in current investment methods and procedures- prior to their implementation. 7.0 DEPOSITORY FOR COUNTY FUNDS 7.1 DEPOSITORY CONTRACT. 7:1.1 The Commissioners' Court of Brazos County at its May regular term immediately following each general election. for state and county officers shall contract with one or more banks in the county for the deposit of the County's public funds. The County shall contract with a bank for a two -year or four -year contract 7.1.2 If 'the contract is for a four -year term, the contract shall allow the _bank to establish, on the basis of negotiations with the County, new. interest rates and financial terms the contract that will take effect during the final two years of the fouOyoar contract if. 7.1.2.1. The new financial terms do not increase the prices to the County by more than 10 percent;. and 7.1.2.2 The County has,-the option to choose to use the initial variable Interest rate option or to change to the new fixed or variable Interest rate options proposed by the bank. 7.1.3 The provisions set forth in Chapters 116 and 1.17 of the Local Government Code will regulate the establishment of the depository, security funds field by the depository, depository accounts, and liabilities. 7.2 .COLLATERAL will be provided by the Depository in accordance with Government Code 2257, Subchapters A and B. 8.0 DEFINITIONS. 8.1 BOND PROCEEDS means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, .and reserves and funds maintained by an entity for debt service purposes. Rryis��:1 12.�I.�tl10 14 i Vol. 7;_- _ Pg. � g� 8.2 BOOK VALUE means the original acquisition cost of an investment plus or minus the accrued amortization or accretion.. 8.3 FUNDS means public funds in the custody of the County that: 8.3.1 Are not required by law to be deposited in the state treasury; and 8.3.2 The County has authority to invest. 8.4 INVESTMENT POOL means an entity created- under Chapter 2256 of the Government. Code to invest public funds jolntly 'on behalf of the entities that participate in the pool and whose investment. objectives, in order of priority are: preservation and safety of principal, liquldity, and yield. 8.5 MARKET VALUE means the current face or par value of an investment multiplied by the net selling price of the security as quoted by .a recognized market-pricing source quoted on the valuation date. 8.6 POOLED FUND GROUP means an internally created fund of the County in which one or more institutional accounts of the County are invested.. 8.7 QUALIFIED_ REPRESENTATIVE means a person who holds a position with a business organization, who Is authorized to ad on behalf of the business organization, and who Is one of the following: 8.7.1 For a business organization doing .business that is regulated by or registered with a securities commission, a who is registered under the rules of the National Association of Securities Dealers; 8.7.2 For a state or federal bank, a savings, bank, or a state or federal credit union, a member of the'loan committee for the bank or branch of the bank or a person authorized by corporate resolution to ad on behalf.of and bind the banking institution; or 8.7.3 For an Investment pool, the person authorized by the elected or official board with authority to administer the, activities of the Investment pool to sign the written Instrument on .behalf of the Investment pool.. 8.8 SEPARATELY ' INVESTED ASSET means an account or fund of the: County that Is -not Invested in a pooled fund group. PROVED: Duane Peters, County Ndge date Revised 12.21.2010 -- 15 __ / T Pg. / 73 Office of the Brazos County Auditor Brazos County Administrative Building 200 South Texas Avenue, Suite 218 Bryan, Texas 77803 (979) 361 -4350 Fax (.979) 361 -4188 MEMORANDUM DATE: November 26, 2012 TO: Honorable Duane Peters, County Judge FROM: Victoria Kay Asst. County Auditor 1L CC: Katie Conner, County Auditor RE: Amendment to County Travel Policy for Mileage Reimbursement Rate The Internal Revenue Service has issued IR- 2012 -95 increasing the federal standard rate for business miles driven from 55.5 cents per mile to 56.5 cents per mile effective January 1, 2013. AL The county's current mileage rate for reimbursement is 55.5 cents per mile. Attached is IR- 2012-95 for your reference. This information is presented for your consideration as an agenda item for Commissioners' Court to increase the county mileage reimbursement rate by I cent per mile to match federal rate effective January 1,. 2013. If you have any questions or require additional information, please let me know. Thank you for your time and consideration. Attachment: IR- 2012 -95 P VED Duane PeteN Date County Judge. F:\Accounts Payable- Purchasing\A -P Memos and Letters \Travel \Travel Policy Amendment effective 1 -1 -2013 — Mileage Reim Vol. il pg. THE STATE OF TEXAS § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYAN /COLLEGE STATION CONVENTION and VISITORS' BUREAU !ti THIS AGREEMENT ( "Agreement') is made and entered into the day of December, 2012, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County "), and the BRYAN /COLLEGE STATION CONVENTION and VISITORS' BUREAU, a Texas non - profit corporation (hereinafter referred to as `Bureau "). RECITALS WHEREAS, This agreement is premised on the following: 1. The tourist trade is a significant part of the economies of the respective municipalities of Bryan and College Station and the County of Brazos, Texas for which the continued growth of such trade is necessary for the economic well being of the entire community. 2. The Bryan /College Station Convention and Visitors Bureau was created for the purpose of promoting tourism and has all necessary authority to enter into this Agreement. 3. The Bureau is a qualified tourism entity, as defined in TEX. TAX CODE ANN. §351.101(c). 4. The Bureau is authorized under the authority of TEX. TAX CODE ANN. §352.1015 for the purpose authorized in of providing staff, visitor center facilities, support services and assistance in §352.1015, including day -to -day operations and the development and implementation of programs to promote and develop the tourism zone to visitors pursuant to Chapter 352 of the Texas Tax Code. C: \Documents and Settings \shannon.BCSCVB \Local Settings \Temporary Internet Fi les \Content.0udook \AKLYT4J9 \CVB Tourism Entity Agreernent.docx Page 1 AI. pg.�- i ., THEREFORE, it is agreed by the parties as follows: 1. The Bureau is appointed the agent of the County and the County's advisory committee to promote and develop tourism in Brazos County. 2. Pursuant to TEX. TAX CODE ANN. §352.1015 (b) and (c), the Bureau shall maintain and complete and accurately provide a budget record of all programs and activities funded with hotel occupancy tax collected and funded to the Bureau by the County, including, but not necessarily limited to; materials, and media reasonably necessary and proper to successfully promote, develop and attract the tourist trade to the locality, sales and marketing staff, promotional and advertising material, internet and services, adequate accounting services, administrative services, facilities, supplies and equipment for the same. 3. The Commission shall provide funding to the Bureau on an annual basis, pursuant to TEX. TAX CODE ANN. §352.1015 (b) and the Bureau acknowledges that the functions delegated to the Bureau creates a fiduciary duty in the Bureau with respect to the revenue funded by the County pursuant to Chapter 352 of the Texas Tax Code and this Agreement. Funding for FY 2013 is $25,000.00. This Agreement shall be funded quarterly by four (4) separate invoices divided into equal payments provided by the Bureau, Invoices are due no later than December 31, 2012, March 31, 2013, June 30, 2013 and September 30, 2013. 4. The Bureau shall maintain all revenues funded by the County in a separate account established pursuant to TEX. TAX CODE ANN. §352.1015 (a) and shall not comingle such revenue with any other money. 5. The Bureau shall submit reports to the Brazos County Commissioners Court quarterly, listing the expenditures made in furtherance of the Bureaus duty to promote tourism in Brazos County. The Bureau further agrees to actively support, publicize, promote and market the Brazos County Exposition Complex in all of its appropriate collateral, activities, programs, committees, meetings, trade shows, videos and on its website. 6. For purpose of evaluation, inspection, auditing or reproduction, the Bureau agrees to maintain and make available to authorized representatives of the Brazos County Auditor any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement and shall further keep a record of all services provided to the County under this C: \Documents and Settings \sllannon.BCSCVB \Local Settings \ Tern porary Internet Files \ContentOudook \AKLYT4J4 \CVB Tourism Entity Agreement.docx Page 2 I . pg. Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by the County. The Bureau will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7. The Bureau shall assist the County in preparing annual reports required by TEX. TAX CODE ANN. §352.1034. This report by the Bureau should include where the money received from the County was spent and indicate the tourism, hotel and convention activity attributable to events held at facilities that receive money from the tax revenues provided pursuant to Chapter 352 of the Texas Tax Code. 8. Except to the extent that a party to this Agreement seeks emergency judicial relief. and without waiving governmental or sovereign immunity from suit, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shalt be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. 9. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered US mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually received. 10. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. 11. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. 12. The term of this Agreement shall be for an initial twelve month period, effective October 1, 2012 through September 30, 2013. 13. This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the C: \Documents and Settings \shannon.BCSCVB \Local Settings \Temporary Internet Files \Content.outlook \AKLYT4)9 \CVB Tourism Entity Agreement.docx Page 3 VI'lll. l pg. Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 14. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. 15. The Bureau may not assign or subcontract any of its rights, duties and obligations arising out of this Agreement without the prior written consent of Brazos County. 16. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. 17. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS, We hereunto affix our signature thisLC�4 � day of 2012. BRAZOS COUNTY Duane Peters, County Judge Date: BRYAN/COLLEGE STATION CONVENTION and VISITORS' BUREAU Date: C: \Documents and Settings \sliannon.BCSCVB \Local Settings \Temporary Internet Files \Content Outlook \AKLYT4)9 \CVB Tourism Entity Agreement.docx Page 4 Pg. /�T BCS MPO BRYAN / COLLEGE S TATION METR O P OLITAN PLANNING ORGANIZATION RESOLUTION 2073 -03 A RESOLUTION ADOPTING THE FISCAL AND PERSONNEL MANAGEMENT AGREEMENT ALLOWING BRAZOS COUNTY TO ACT AS THE FINANCIAL DISBURSING AGENT FOR THE BRYAN - COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION. WHEREAS, the Bryan - College Station Metropolitan Planning Organization (MPO) Policy Committee, is designated by the Governor of Texas, in accordance with federal law, as the transportation planning decision- making body for the Bryan - College Station /Brazos County planning area; and WHEREAS, Brazos County, Texas (County), as one of the parties to an inter -local agreement creating the MPO, has de term 1 T 1 e d that it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; and WHEREAS, the MPO requests that the County continue to act as the financial disbursing agent for all MPO funds; and WHEREAS, the Fiscal and Personnel Management Agreement outlines the responsibilities of the two parties in carrying out the transportation planning process; and WHEREAS, the current Fiscal and Personnel Management Agreement expired on September 30, 2012; and WHEREAS, the MPO has coordinated with the County to review the proposed Fiscal and Personnel Management Agreement; and NOW, THEREFORE, BE IT RESOLVED by the MPO Policy Committee that SECTION I* the Chair of the MPO is hereby authorized to sign the Fiscal and Personnel Management Agreement on behalf of the Policy Committee; and SECTION 2: the Director of the MPO is hereby authorized to transmit the signed Fiscal and Personnel Management Agreement to the County along with Resolution 2013 -03. SECTION 3: this resolution shall be effective immediately upon adoption. DONE AND APPROVED, this 5th day of December $ 2012. Page 1 of 2 VC . Pg POLICY CoMrZTITEE VOTE: z Mayor Nancy Berry .• "✓ : } 'Chair . �' °r: _'MOVED1W. , -•- , Judge Duane••Peters: T• '. _ Vice -Chair Dr. Ronald McClendon: _r Member SECONDED-BY: l?!l S Mayor Pro Ana' Horton Member , / Ms. Catherine HeJE 64��' Member P_ age'? of 2 Fiscal Agreement, MPO & Brazos Cowry Effective: October 1, 2012 STATE OF TEXAS COUNTY OF BRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan - College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "MPO ", the designated Metropolitan Planning Organization (MPO) for the Bryan - College Station Urban area, as authorized by 23 U.S.C.A. 134 as amended by Section 1203 of the Transportation Equity Act for the 21s Century (TEA -21), in accordance with 23 CFR 450.334 in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. WITNESSETH WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21 Century et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, address the major transportation issues in the metropolitan planning area; and WHEREAS, the MPO Policy Committee is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21 st Century et seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS, the Governor of Texas has designated Bryan - College Station Policy Committee as the MPO for the Bryan - College Station Urban area; and WHEREAS, MPO requests that the County act as the financial disbursing agent for all MPO funds; and WHEREAS, the County, as one of the parties to an Inter -local Agreement creating the MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the MPO. ARTICLE II a Fiscal Agreement: APO do Brxos County ,t ecttve: October 1, 2012 7 TERM 2 2.01 The term of this Agreement begins on October 1, 2012 and ends September 30, 2015 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01.% The County shall maintain one or more separate trust accounts under the supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues, County fiscal policy, and the MPO's state approved and adopted procurement procedures on behalf of the MPO., Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis; no longer than every thirty days. 4.02 AII- warrants issued to the County or the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. i 4.03 The MPO shall make contracts and .commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment: The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 , The disbursement of funds to agencies or consultants under contract to the MPO will be made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result.of the County performing any non - negligent task pursuant to this Agreement. The County is under no obligation to process payment. requests unless sufficient funds for such purposes are present in the MPO budget. 4.05 'All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO'tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. Pg. Opt i Fiscal Agreement; MPO & Brazos County 3 Elective: October 1, 2012 4.06 The MPO assumes responsibilities forthe'legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of-the State of Texas Department of Transportation. The MPO adopts its own line item budget which is not subject to approval by the County-Court' of Commissioners but shall be grouped into expense group /categories similar to the County's. Any expenditure over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted andexpended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 - All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and :any other benefits normally extended to County employees. I.: 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full -time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is. required to follow all personnel policies established by the County for hiring and /or firing employees. Any action taken with regards to hiring and /or firing does not require the County's Commissiorier's court approval. - - 4.10 The Director will take direction on MPO .policy and technical matters from the. MPO Policy Committee and direction on fiscal administrative matters from Brazos County. 4.11 The MPO shall pay all costs associated - with the employees as described in paragraph 4.08: The County Auditor is hereby authorized to make payment for MPO personnel costs to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.09. - 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee immediate _supervision of the MPO Director. I ARTICLE V TERMINATION 5.01 This Agreement maybe terminated in whole or in part by either party- hereto whenever such termination is found to be the best interest of either party. Termination shall be effected 'by the conveyance of a written notification thereof to the other party at least thirty (30) days in:advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either, delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, ' Vol. /� p�. 63 Fiscal Agreement, WO & Br=os Cormty Effective. October], 2011 addressed to the appropriate party at the following address: If to County: Brazos County Administration Building 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 with a copy to: County Auditor 200 S. Texas Ave., Suite 218 Bryan, Texas 77803 If to MPO: Bryan - College Station Metropolitan Planning Organization Policy Committee 3608 E. 29th St. Suite 113 Bryan, Texas 77802 ARTICLE VI NON - DISCRIMINATION 4 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws of the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Brazos County, Texas. ARTICLE VIII NON - ASSIGNMENT 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. I Vol. / P c,� Fiscal Agreement; APO & Brwos Cotmty �Ej*,ecttve. October], 2012 ARTICLE IX SEVERABILITY 5 9.01 ' Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. By: County Judge — Duane Pete Date: log -4 - 19.1 BRAZOS COUNTY, TEXAS BRYAN - COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE By: 3�_ _Acr� BCSMPO, Chair erson — Mayor Nan F. Berry Date: Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "Department," the Bryan College Station Metropolitan Planning Organization (MPO) Policy Committee, called the "MPO ", which has been designated as the MPO of the Brazos County urbanized area, and Brazos County, which serves as the Fiscal Agent for the MPO. WITNESSETH WHEREAS, 23 United States Code (USC) §134 and 49 USC §5301 et seq. require that MPOs, in cooperation with the Department and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, 23 USC §104(f) authorizes Metropolitan Planning funds and 49 USC §5301 et seq. authorizes funds to be made available to MPOs designated by the Governor to support the urban transportation planning process; and WHEREAS, the federal share payable for authorized activities using 49 USC §5303 and Metropolitan Planning funds is eighty percent (80 %) of allowable costs; and WHEREAS, Texas Transportation Code §221.003 authorizes the Department to expend federal and state funds for improvements to the state highway system; and WHEREAS, Texas Transportation Code §201.703 authorizes the Department to expend federal funds and to provide state matching funds for allowable costs necessary for the improvement of roads not in the state highway system; and WHEREAS, Metropolitan Planning funds, and other federal transportation funds that may be used for planning (e.g., Surface Transportation Program, National Highway System, Congestion Mitigation and Air Quality, etc.) and 49 USC §5303 funds are to be used in conjunction with work conducted under the terms of this agreement; and WHEREAS, the Governor of the State of Texas has designated the Bryan College Station MPO as the MPO for the above - mentioned urbanized area; and TPP & MPO Agreement Page 1 of 18 Revised 02/15/2012 Vol /7 � pg. i Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development WHEREAS, the Governor of the State of Texas and Brazos County have executed an agreement pursuant to the MPO designation; and WHEREAS, an area equal to or larger than the above - mentioned urbanized area has been delineated in accordance with federal and state guidelines where required metropolitan transportation planning activities may take place; and WHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that in accordance with 49 CFR §18.40, the Department shall monitor all activities performed by its staff or by sub - recipients with Federal Highway Administration (FHWA) planning and research funds to assure that the work is being managed and performed satisfactorily and that time schedules are being met; and NOW THEREFORE, it is agreed as follows: AGREEMENT Article 1. Agreement Period A. This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. The Department shall not continue its obligation to the MPO under this agreement if the Governor's designation of the MPO is withdrawn; if federal funds cease to become available; or if the agreement is terminated as provided below. B. This agreement expires on September 30, 2018. No fewer than one hundred and twenty (120) days before the expiration date, the Department may, at its sole discretion, exercise in writing an option to extend the agreement by a period of no more than two (2) years. The Department may exercise this option no more than three (3) times. If all terms and conditions of this agreement remain viable and no amendment to the existing agreement or new agreement is required, a letter from the Department to the MPO shall constitute renewal of this agreement subject to all terms and conditions specified in this agreement. However, an amendment or a new agreement may be executed, if necessary. Article 2. Responsibilities of the Department The responsibilities of the Department are as follows: A. Assist in the development of the Unified Planning Work Program (UPWP), approve the format of work programs submitted by the MPO, and, where required by federal law or regulation, monitor the MPO's performance of activities and expenditure of funds under a UPWP. Where monitoring is not required, the Department is responsible for reviewing the MPO's activities and expenditure of funds, and will comment on and make suggestions relating to those activities and expenditures. B. Develop a time line for development of the UPWP by the MPO; and in consultation with the MPOs, shall develop a standard UPWP format to be used by all MPOs. TPP & MPO Agreement Page 2 of 18 Revised 02/15/2012 Vol. �— Pg. z,2. Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development C. Make available to the MPO its share of all federal metropolitan planning funds and provide the required non - federal match as authorized by the Texas Transportation Commission. The Department will distribute federal transportation planning funds to the MPO based on a formula developed by the Department, in consultation with the MPOs, and approved by FHWA, the Federal Transit Administration (FTA), and other applicable federal agencies. D. In accordance with 43 TAC §16.152, the commission will, subject to the mandates of state and federal law, allocate funds from program funding Categories 1, 2, 4, 5, 7, 9, and 11, as described in 43 TAC §16.153, to the districts and metropolitan planning organizations (MPO) on an annual basis. E. Provide to the MPO, as appropriate, technical assistance and guidance for the collection, processing, and forecasting of socio - economic data needed for the development of traffic forecasts, plans, programs, and planning proposals within the metropolitan area, including collecting, processing, and forecasting vehicular travel volume data in cooperation with the MPO, as appropriate. F. Jointly promote the development of the intermodal transportation system within the metropolitan area by identifying points in the system where access, connectivity, and coordination between the modes and inter -urban facilities would benefit the entire system. G. Share with the MPO information and information sources concerning transportation planning issues that relate to this agreement. Article 3. Responsibilities of the MPO The MPO is an organization created to ensure that existing and future expenditures on transportation projects and programs are based on a continuing, cooperative, and comprehensive planning process. The responsibilities of the MPO are as follows: A. Document planning activities in'a UPWP to indicate who will perform the work, the schedule for completing it, and all products that will be produced. In cooperation with the Department and public transportation operators as defined by 23 CFR Part 450, the MPO must annually or bi- annually develop a UPWP that meets federal requirements. B. Prepare and submit to the Department an annual performance and expenditure report of progress no later than December 31 of each year. A uniform format for the annual report will be established by the Department, in consultation with the MPOs. C. Use funds provided in accordance with 43 Texas Administrative Code (TAC) §16.52 and Article 2 (Responsibilities of the Department) of this agreement to develop and maintain a comprehensive regional transportation planning program in conformity with the requirements of 23 USC §134, 49 USC §5303, and the state's Uniform Grant Management Standards (UGMS) at the web address www.governor.state.tx.us/files/state-qrants/UGMS062004.doc D. Develop a Metropolitan Transportation Plan (MTP), a Transportation Improvement Program (TIP), and a UPWP for the Metropolitan Planning Area (MPA), all of which are consistent with the Statewide Long -Range Transportation Plan (SLRTP), as required by the state and federal law. At a minimum, the MPO shall consider in their planning process the applicable factors outlined in 23 USC §134. TPP & MPO Agreement Page 3 of 18 Revised 02/15/2012 P9• Vol. / 7 � Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development E. Assemble and maintain an adequate, competent staff with the knowledge and experience that will enable them to perform all appropriate MPO activities required by law. F. Forecast, collect, and maintain appropriate socio- economic, roadway and travel data on a timely basis, in cooperation with the Department. G. Prepare all required plans, programs, reports, data, and obtain required certifications in a timely manner. H. Share information and information sources concerning transportation planning issues. Article 4. Responsibilities of the MPO Policy Committee The MPO Policy Committee is the policy body that is the forum designated under 23 USC §134 with the responsibility for establishing overall transportation policy for the MPO and for making required approvals. The MPO Policy Committee is comprised of those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the committee. The responsibilities of the MPO, acting through its Policy Committee, are as follows: A. Ensure that requirements of 23 USC § §134 and 135 and 49 USC, Chapter 53, are carried out. B. Use funds provided in accordance with Article 2 (Responsibilities of the Department) of this agreement to develop and maintain a comprehensive regional transportation planning program in accordance with requirements of 23 USC §134 and 49 USC §5303. C. Develop and adopt an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations. D. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO Transportation Planning Director. E. Provide planning policy direction to the MPO Transportation Planning Director. Article 5. Responsibilities of the Fiscal Agent The Fiscal Agent for the MPO is the entity responsible for providing fiscal, human resource, and staff support services to the MPO. The responsibilities of the Fiscal Agent are as follows: A. Maintain required accounting records for state and federal funds consistent with current federal and state requirements. B. Provide all appropriate funding, as identified by fiscal year in the UPWP, to allow the MPO staff to effectively and efficiently operate the program. C. Provide human resource services to the MPO. D. Provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally provides its own employees; or as determined through an agreement between the MPO and the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits may be reimbursed by the MPO. E. Establish procedures and policies for procurement and purchasing, when necessary, in cooperation with the MPO. TPP & MPO Agreement Page 4 of 18 Revised 02/15/2012 Vol. Pg. Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development Article 6. Responsibilities of the MPO Transportation Planning Director The responsibilities of the MPO Transportation Planning Director are as follows: A. Administer the MPO's UPWP. The Director shall serve in a full -time capacity and shall take planning policy direction from and be responsible to the designated MPO Policy Committee. B. Act as a liaison to the Department, relevant to the Department's transportation planning activities. C. Oversee and direct all MPO transportation planning staff work performed using MPO funds. D. Prepare and submit all required plans, programs, reports, data, and certifications in a timely manner. E. Develop and present to the MPO Policy Committee an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations. F. Share information and information resources concerning transportation planning issues. Article 7. Unified Planning Work Program A. Each year the MPO shall submit to the Department a program of work that includes goals, objectives, and tasks required by each of the several agencies involved in the metropolitan transportation planning process. This program of work is to be called the Unified Planning Work Program (UPWP), or any successor name. The UPWP shall be approved by the MPO Policy Committee, in accordance with 23 CFR §450.314. B. The UPWP will be prepared for a period of one (1) year or two (2) years unless otherwise agreed to by the Department and the MPO. The UPWP shall reflect only that work that can be accomplished during the time period of the UPWP, in accordance with TAC §16.52. C. The UPWP shall reflect transportation planning work tasks to be funded by federal, state, or local transportation, or transportation related (e.g. air quality) planning funds. The budget and statement of work will be included in the UPWP. The MPO may not incur costs until final approval of the UPWP is granted. The maximum amount payable will not exceed the budget included in the UPWP. D. The effective date of each UPWP will be October 1 st of each year or the date of approval from the appropriate oversight agency, whichever occurs later. On that date, the UPWP shall constitute a new federal project and shall supersede the previous UPWP. E. The UPWP shall comply with all applicable federal and state requirements and will describe metropolitan transportation and transportation - related planning activities anticipated in the area. F. The use of federal metropolitan transportation planning funds shall be limited to transportation planning activities affecting the transportation system within the boundaries of a designated metropolitan planning area. If an MPO determines that data collection and analysis activities relating to land use, demographics, or traffic or TPP & MPO Agreement Page 5 of 18 Revised 02/15/2012 D Vol. _.__�7�- Pg Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development travel information, conducted outside its boundaries, affects the transportation system within its boundaries, then those activities may be undertaken using federal planning funds, if the activities are specifically identified in an approved UPWP. Any other costs incurred for transportation planning activities outside the boundaries of a designated metropolitan planning area are not eligible for reimbursement. G. Travel outside the State of Texas by MPO staff and other agencies participating in the MPO planning process must be approved by the Department if funded with federal transportation planning funds. The MPO must receive approval prior to incurring any costs associated with the actual travel (e.g., registration fee). This provision will not apply if the travel is at the request of the Department. Travel to the State of Arkansas by the Texarkana MPO staff and travel to the State of New Mexico by the El Paso MPO staff shall be considered in -state travel. H. The cost of travel incurred by elected officials serving on the MPO Policy Committee is eligible for reimbursement with federal transportation planning funds in accordance with 43 TAC § 16.52. I. The use of federal transportation planning funds is limited to corridor /subarea level planning or multimodal or system -wide transit planning studies. Major investment studies and environmental studies are considered corridor level planning. Unless otherwise authorized by federal law or regulation, the use of such funds beyond environmental document preparation or for specific project level planning and engineering (efforts directly related to a specific project instead of a corridor) is not allowed. J. Failure to adhere to the time line developed by the Department may result in a delay in the authorization to the MPOs to proceed in incurring costs. K. A UPWP will not be approved if it is submitted in a format other than the standard format developed by the Department. The UPWP and subsequent amendments may be submitted electronically. L. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent amendments (i.e., adding new work tasks or changing the scope of existing work tasks) prior to receiving approval from the Department. Any costs incurred prior to receiving Department approval are not eligible for reimbursement from federal transportation planning funds. M. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP without prior approval of the MPO Policy Committee and the Department. Costs incurred on individual work tasks shall not exceed that task budget by 25 percent without prior approval of the MPO Policy Committee and the Department. If the costs exceed 25 percent of the task budget, the UPWP shall be revised, approved by the MPO Policy Committee, and submitted to the Department for approval. N. The MPO Policy Committee must approve the UPWP and any subsequent revisions, and shall not delegate the approval authority, except for corrective actions. Corrective actions do not change the scope of work, result in an increase or decrease in the amount of task funding, or affect the overall budget. Examples include typographical, grammatical, or syntax corrections. TPP & MPO Agreement Page 6 of 18 Revised 02/15/2012 Vol. — �� Pg. // Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development O. Should any conflict be discovered between the terms of this agreement and the UPWP, the terms of this agreement shall prevail. P. The MPO is not authorized to request payment for any work it may perform that is not included in the current UPWP. Article 8. Compensation The Department's payment of any cost incurred under this agreement is contingent upon all of the following: A. Federal funds are available to the Department in a sufficient amount for making payments. B. The incurred cost is authorized in the UPWP. The maximum amount payable under this agreement shall not exceed the total budgeted amount outlined in the UPWP in accordance with 43 TAC §16.52. C. The cost has actually been incurred by the MPO and meets the following criteria: 1. Is verifiable from MPO records; 2. Is not included as match funds for any other federally- assisted program; 3. Is necessary and reasonable for the proper and efficient accomplishment of program objectives; 4. Is the type of charge that would be allowable under OMB Circular A -87 Revised, "Cost Principles for State, Local, and Indian Tribal Governments" and the state's UGMS; and 5. Is not paid by the Department or federal government under another assistance program unless authorized to be used as match under the other federal or state agreement and the laws and regulations to which it is subject. D. After October 1 st of each year, the Department will issue a work order to the MPO establishing the effective date of work and the total funds authorized. If the UPWP is subsequently revised, necessitating a revision to the original work order, or the Department deems a revision necessary, a revised work order may be issued at any time throughout the fiscal year. If the amount in the UPWP differs from the amount in the work order, the amount in the work order prevails. E. The MPO is authorized to submit requests for payment of authorized costs incurred under this agreement on a semi - monthly basis, but no more than twenty four (24) times a year and no less than monthly as expenses occur. Each request for payment shall be submitted in a manner acceptable to the Department, which includes, at a minimum, the following information: 1. UPWP budget category or line item; 2. Description of the cost; 3. Quantity; 4. Price; 5. Cost extension; and 6. Total costs F. The MPO shall submit the final bill from the previous fiscal year to the Department no later than December 31 of the calendar year in which that fiscal year ended. Any bills TPP & MPO Agreement Page 7 of 18 R evised 02/15/2012 V0 I. Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development submitted after December 31 for a fiscal year in which the funds have been de- obligated will be processed against the current year's UPWP. G. Payment of costs is contingent upon compliance with the terms of Article 3 (Responsibilities of the MPO) of this agreement. Noncompliance may result in cancellation of authorized work and suspension of payments after a thirty (30) day notification by the Department to the MPO. Article 9. Reporting To permit program monitoring and reporting, the MPO shall submit reports as required in Article 3 (Responsibilities of the MPO) of this agreement. If task expenditures overrun or underrun a budgeted task amount by twenty -five percent (25 %) or more, the annual performance and expenditure report must include an explanation for the overrun or underrun. Article 10. Indemnification A. The MPO shall save harmless the Department and its officers and employees from all claims and liability that are due to activities of the MPO, its agents, or its employees performed under this agreement and that are caused by or result from error, omission, or negligent act of the MPO or of any person employed by the MPO. B. To the extent possible under state law, the MPO shall also save harmless the Department from any and all expense, including but not limited to, attorney fees that may be incurred by the Department in litigation or otherwise resisting claims or liabilities that may be imposed on the Department as a result of the activities of the MPO, its agents, or its employees. Article 11. Inspection of Work and Retention of Documents A. The Department and, when federal funds are involved, the U. S. Department of Transportation ( USDOT), and their authorized representatives shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises on which it is being performed. B. If any inspection or evaluation is made on the premises of the MPO or a subcontractor, the MPO shall provide or require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. C. The MPO agrees to maintain all books, documents, papers, computer generated files, accounting records, and other evidence pertaining to costs incurred and work performed under this agreement, and shall make those materials available at its office during the time period covered and for four (4) years from the date of final payment under the UPWP. Those materials shall be made available during the specified period for inspection by the Department, the USDOT, and the Office of the Inspector General of the USDOT and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. TPP & MPO Agreement Page 8 of 18 Revised 02/15/2012 Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development D. The state auditor may conduct an audit or investigation of any entity receiving funds from the Department directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit under the state's UGMS. Article 12. Work Performance All work performed under this agreement shall be carried out in a professional and orderly manner, and the products authorized in the UPWP shall be accurate and exhibit high standards of workmanship. Article 13. Disputes The MPO shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of work under this agreement. Ir the event of a dispute between the Department and the MPO concerning the work performed under this agreement in support of the urban transportation planning process, the dispute shall be resolved through binding arbitration. Furthermore, the arbiter shall be mutually acceptable to the Department and the MPO. Article 14. Non - collusion The MPO shall warrant that it has not employed or retained any company or person, other than a bona fide employee working for the MPO, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the MPO breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of the fee, commission, brokerage fee, gift, or contingent fee. Article 15. Subcontracts A. Any subcontract for services rendered by individuals or organizations not a part of the MPO's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the USDOT. All work in the subcontract is subject to the state's UGMS. If the work for the subcontract is authorized in the current approved UPWP, and if the MPO's procurement procedures for negotiated contracts have been approved by the Department either directly or through self - certification by the MPO, the subcontract shall be deemed to be authorized and approved, provided that the subcontract includes all provisions required by the Department and the USDOT. TPP & MPO Agreement Page 9 of 18 Revised 02/15/2012 Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development B. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. C. No subcontract will relieve the MPO of its responsibility under this agreement. Article 16. Termination A. The Department may terminate this agreement at any time before the date of _completion if the Governor withdraws his designation of the MPO. The Department or the MPO may seek termination of this agreement pursuant to Article 13 (Disputes) if either party fails to comply with the conditions of the agreement. The Department or the MPO shall give written notice to all parties at least ninety (90) days prior to the effective date of termination and specify the effective date of termination. B. The Department may terminate this agreement for reasons of its own, subject to agreement by the MPO. C. The parties to this agreement may terminate this agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the parties shall agree upon the termination conditions. D. Upon termination of this agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc., prepared by the MPO shall, at the option of the Department, be delivered to the Department. E. The Department shall reimburse the MPO for those eligible expenses incurred during the agreement period that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The MPO shall not incur new obligations for the terminated portion after the effective date of termination. Article 17. Force Majeure Except with respect to defaults of subcontractors, the MPO shall not be in default by reason of failure in performance of this agreement in accordance with its terms (including any failure by the MPO to progress in the performance of the work) if that failure arises out of causes beyond the control and without the default or negligence of the MPO. Those causes may include but are not limited to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the MPO. Article 18. Remedies A. Violation or breach of agreement terms by the MPO shall be grounds for termination of the agreement. Any costs incurred by the Department arising from the termination of this agreement shall be paid by the MPO. . B. This agreement shall not be considered as specifying the exclusive remedy for any dispute, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. TPP & MPO Agreement Page 10 of 18 Revised 02/15/2012 Vol.. - -- P9•.� Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development Article 19. Gratuities A. Employees of the Department or the MPO shall not accept any benefits, gifts, or favors from any person doing business with, or who may do business with the Department or the MPO under this agreement. B. Any person doing business with, or who may do business with the Department or the MPO under this agreement, may not make any offer of benefits, gifts, or favors to Department or the MPO employees. Failure on the part of the Department or the MPO to adhere to this policy may result in termination of this agreement. Article 20. Compliance with Laws The parties to this agreement shall comply with all federal and state laws, statutes, rules, and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the MPO shall furnish the Department with satisfactory proof of its compliance. Article 21. Successors and Assigns No party shall assign or transfer its interest in this agreement without written consent of the other parties. Article 22. Debarment Certifications The MPO is prohibited from making any award or permitting any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. By executing this agreement, the MPO certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The MPO shall require any party to a subcontract or purchase order awarded under this agreement as specified in 49 CFR Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the Department, to furnish a copy of the certification. Article 23. Equal Employment Opportunity The parties to this agreement agree to comply with Executive Order 11246 entitled "Equal Employment Opportunity° as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR §60). Article 24. Nondiscrimination During the performance of this agreement, the MPO, its assigns and successors in interest, agree to the following: TPP & MPO Agreement Page 11 of 18 Revised 02/15/2012 Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development A. Compliance with Regulations: The MPO shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT, 49 CFR Part 21 and 23 CFR Part 200, as they may be amended from time to time (the "Regulations"), which are incorporated by reference and made a part of this agreement. B. Nondiscrimination: The MPO, with regard to the work performed during the agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The MPO shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Part 21, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the MPO for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the MPO of the MPO's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age or disability. D. Information and Reports: The MPO shall provide all information and reports required by the Regulations, or directives issued pursuant to the Regulations, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent by the Department or the USDOT to be pertinent to ascertain compliance with those Regulations or directives. Where any information required of the MPO is in the exclusive possession of another who fails or refuses to furnish this information, the MPO shall so certify to the Department or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the MPO's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose sanctions that it or the USDOT may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the MPO under the agreement until the MPO complies; and 2. Cancellation, termination, or suspension of the agreement in whole or in part. F. Incorporation of Provisions: The MPO shall include the provisions of subsections A -E of this article in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant those Regulations. The MPO shall take action with respect to any subcontract or procurement as the Department may direct as a means of enforcing these provisions including sanctions for noncompliance; provided, however, in that event, the MPO may request the United States to enter into the litigation to protect the interests of the United States. Article 25. Nondiscrimination on the Basis of Disability The MPO agrees that no otherwise qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under this agreement. The MPO shall ensure that all fixed facility TPP & MPO Agreement Page 12 of 18 Revised 02/15/2012 Vol. �1�' - Pg. Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set forth in 49 CFR Part 27, and any amendments to it. Article 26. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The MPO shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The MPO shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of USDOT- assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by the USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the MPO of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC §1001 and - the Program Fraud Civil Remedies Act of 1986 (31 USC §3801 et seq.). C. Each contract the MPO signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub- recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. Article 27. Procurement A. The MPO shall maintain approved written procurement procedures that meet or exceed the requirements of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," and the state's UGMS as either may be revised or superseded. These procedures shall be used for all acquisitions authorized in any UPWP. B. The MPO agrees to comply with applicable Buy America requirements set forth in the Surface Transportation Assistance Act of 1978 (Pub. L. 95 -599) §401 and the FTA's Buy America regulations in 49 CFR Part 661. C. The MPO agrees to comply with the cargo preference requirements set forth in 46 USC §55305 and Maritime Administration regulations set forth in 46 CFR Part 381. Article 28. Environmental Protection and Energy Efficiency A. The MPO agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, 42 USC §7602; Section 508 of the TPP & MPO Agreement Page 13 of 18 Revised 02/15/2012 Val. - pg. Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development Clean Water Act 33 USC §1368; Executive Order 11738 and Title 40 CFR, "Protection of Environment." The MPO further agrees to report violations to the Department. B. The MPO agrees to recognize standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163). Article 29. Property Management The MPO shall maintain written property management procedures that meet or exceed the requirements of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Agreements to State and Local Governments," and the state's UGMS as either may be revised or superseded. These procedures shall be used for any property acquired in whole or in part with federal and state funds provided through this agreement. Article 30. Federal Reimbursement The MPO shall be responsible for any funds determined to be ineligible for federal reimbursement, and shall reimburse the Department the amount of those funds previously provided to it by the Department. Article 31. Control of Drug Use The MPO agrees to comply with the terms of the FTA regulation, "Prevention of Alcohol Misuse and Prohibited Drug Use in Mass Transit Operations," set forth in 49 CFR Part 655. Article 32. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any ope n agre and the extension, con renewal, amendment, or modificatioof any federal c ntract, grant, loan, c ooper ative loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the MPO shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall prerequisite for certify and disclose ac cord i ngly. this transaction imposed by 31 certifica is making or entering Any person who TPP & MPO Agreement Page 14 of 18 Revised 02/15/2012 vo1. j / 2. pg. ---�� Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 33. Amendments Any change to one or more of the terms and conditions of this agreement shall not be valid unless made in writing and agreed to by the parties before the change is implemented. Article 34. Distribution of Products A. The MPO shall provide a number of copies to be specified by the Department of all information, reports, proposals, brochures, summaries, written conclusions, graphic presentations, and similar materials developed by the MPO and financed, in whole or in part, as provided in this agreement. All reports published by the MPO shall contain the following prominent credit reference to the Department, USDOT, FHWA, and FTA: Prepared in cooperation with the Texas Department of Transportation and the U.S. Department of Transportation, Federal Highway Administration, and Federal Transit Administration. B. Upon termination of this agreement, all documents prepared by the MPO or furnished to the MPO by the Department, shall be delivered to the Department. All documents, photographs, calculations, programs, and other data prepared or used under this agreement may be used by the Department without restriction or limitation of further use. Article 35. Legal Construction In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or u n enforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. Article 36. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Article 37. Copyrights The Department and the USDOT shall, with regard to any reports or other products produced under this agreement, reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. Article 38. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: TPP & MPO Agreement Page 15 of 18 Revised 02/15/2012 Vol. —� pg. .�i� -0 Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development h tt :/ /edocket access qpo qov /2010 /pdf /2010 - 22705, df and http /edocket access gpo.gov/201 0/pdf/201 0 -227 06 - Q df. B. The MPO agrees that it shall: 1. Obtain and provide to the Department a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site at https:/ /www.bpn.gov/ccr/defaylLaspx 2. Obtain and provide to the Department a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on -line registration website at http: / /fedgov dnb.com /webform and 3. Report the total compensation and names of its top five (5) executives to the Department if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. Article 39. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, Pub. L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the MPO's fiscal year, the MPO must submit a Single Audit Report and Management Letter (if applicable) to the Department's Audit Office, 125 East 11 Street, Austin, TX 78701 or contact the Department's Audit office at http'llwww.txdot.gov /contact us /audit.htm C. If expenditures are less than $500,000 during the MPO's fiscal year, the MPO must submit a statement to the Departments and therefore, a v a not required t have a not meet the single audit $500,000 expenditure threshold performed for FY D. For each year the project remains open for federal funding expenditures, the MPO will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. Article 40. Notices All notices to any party by the other parties required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to the party at the following addresses: 9 TPP & MPO Agreement Page 16 of 18 Revised 02/15/2012 v.l._.1 -;V - -- p Contract # 50- 13XF0024 Federal Highway Administration CFDA #20.205 Not Research and Development Director MPO: Bryan College Station Metropolitan Planning Organization 3608 E. 29t Street, S u ite 113 Bryan, Texas 77802 County Auditor Fiscal Agent: Brazos County 200 South Texas Avenue, Suite 218 Bryan, Texas 77803 -2760 Director, Transportation Planning & Programming Division Department: Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided in this agreement. Any party may change the above address by sending written notice of the change to the other parties. Any party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other parties. Article 41. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. TPP & MPO Agreement Page 17 of 18 Revised 02/15/2012 Fiscal Agreement; APO tit bra= County , F w *ecttve: October 1, 2012 5 ARTICLE IX SEVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. . . 1: :)s — By: County Judge - Duane Pete Date: 1 A-4 -/ A, BRAZOS COUNTY, TEXAS BRYAN - COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE By: � BCSMPO, Chai erson - Mayor Nantly F. Berry Date: /'� - 5' -2— * K s of Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: November 29, 2012 BID NUMBER: 2013 -01 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Janitorial and Cleaning Supplies REQUESTING DEPARTA APPROVAL SIGNATURI DATE APPROVED: �/� - 4 Duane Peters, County Judge BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 4, 2012 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Matt Wright Road to provide water service to customer. Site is located in Precinct 1. REQUIREMENTS • No work will be permitted between front slope and /or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 24' of and parallel to the right -of -way line and /or, 2) in the case of a road bore, perpendicular to the right -of -way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform T r affic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be placed at least thirty-six (36'� below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards S I:= APPROVED BY: Jor. Salvato Right of Way Agent wagw(- 4,1 �M 44, Lloyd Wassermann Commissioner Precinct 1 This request is 0 APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE[ I BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822 -2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e -mail - JSalvato@brazoscountytx.gov Failure to obtain a permit and/or notes the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. Vol. _� �, Pg.._�� I i Wellborn Special Utility District November 26, 2012 The Commissioner's Court of Brazos County Attention County Judge: Formal notice Is hereby given that Wellborn Special Utility District Wit construct a road bore for water line within the right -of way of a County Road In Brazos , County, Texas as follows: Road bore will be made under Matt Wright Road. Bore will be made from existing 3" water line located on ,j.Ic51 tFhe_moM side toaerth side to proposed water meter for a distance of 100' at a minimum depth of 36' below ditch flow line. DWI The location and description of this line is more fully shown in drawings attached to this notice. The line will be constructed and, maintained In the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Dgwgrr 4 zoit Construction of this line will begin on or after esteb&48 X 1012 Regards, f�" OAA r Qk Stephen Cast General Manager Wellborn Special Utility District P.O. Box 250 # 4118 G • I ' / �CC��°02 � � � Greens Prairie Rd. ell�rn,.�7T88i # 979.69D.9797 0 Fax 979.690.1260 _APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn Special Utility Di str i c tfcompmry name], hereinafter referred to as "Company" a [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain Countyltoads as shown on drawings and diagrams attached hereto and said location described as follows: —67 • , Road Na Blo k Nu ber Length of Crossing TYPE OF CONSTRUCTION CHECK ONE t Bored Jacked Driven Cased X Facility to Para11el County Road Within Right-Of-Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 211 Diameter .10" Nail Thickness Material Specification PVC Casing 200 psi Maximum Operation Pressure The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shalt commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for peimissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County fivm. and a gains t any and all loss, damages, cost or Vol. 1 71C 2 -- pg °?—,;- I expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in constriction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company falls to obtain a permit prior to the installation or does not install utilities in compliance ►pull installation requirements set forth herein (i.e. depth, location, etc), Company assumes allJinancial responsibilih for damages and/or destruction of lines, cables, etc. based upon itsfallure to comply with Brazos Colony requirements Applicant agrees that !#Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisiles for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant ►vhich is contrary to the policies . This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safely or ►velfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply Wth any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to coarpel compliance. Tite County Engineer further retains the right to revoke this Permit by verbal not flcation to the Applicant /Company. Failure to obtain ills permit and/or note the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdo►vn. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wellborn Special Utility District Company Name Stephen Cast Sign�ture (general !tanager Title P.O. Box 250 Address Wellborn Texas 77881 0 9� 79 -690 -9799 State Zip P wsu e d IsCdverizon .net /wsud.sc @verizon.net Email; Vol.. /7,Z P9• r. - — %'p to VO 3 Q 0 z a s Fm 151 ti V M l�- 4 � F s cc 0 in a 0 s m 0 IL) U 0 W 2 J HI W LU F- U Q s 0 d 0 w W- 111 E 1p v M ' M g� I � CL RIGHT-OF-MY W Z ac H x W 0 g a o H r �Q N Z �. N Y a_ r F - V J L) F- 0 W C-) cr- 0 z in 0 z D d � J CL w z J 0 Z d V 0 Q J w a 4 M d LU z 4 V) �? _ Of _ Uj I-- w w z w M Q C) D H H z Z 0 Q V) _ 0 0 > V 0 2 N O O a LL h- z z U M1 z 0 a cn z J z� CL 00 < 0 �CL< e- N 6 m WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated NovSmsig 24, 2dlZ except as noted below: (Month/Day/Year) EXCEPTIONS: NONE AL AlyIV60t , P. Brazos County Engin er 64. g �- S' tore Row AtirT Title Pg. Vol. `�� 0 `3 'Z BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices C BMP') (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Regtdrements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the Comity Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires scecific nighttime traffic control measures pursuant to the TA4UTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. Vol. ___ p g . __ o 2...3.3' 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by die County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. 'be placed at a minimum depth of forty -eight (48) inches below the top of the pavement-, b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; e. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable _ 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall; a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing jthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; e. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. e. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; �^ Vol. e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backflled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. F. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing faciUlies 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utiiilies: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol. /Z. p Z 3�5� H. High PressruePipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. I Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Bncased Pipe Greatcr than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. l 7 - Pg• _ j BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: December 4, 2012 ITEM: Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 8, 43.286 Acres, James C. Stuteville League, A -216, (College Station ETJ ) Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner/Developer: Saddle Creek Partners, Ltd. • Engineer: Schultz Engineering LLC • Surveyor: Brad Kerr / Kerr Surveying LLC SUBMITTED BY: R. Alan Mung E. County Engine CC2012 -050 APPROVED BY: Lloycf Wassermann Commissioner Precinct 1 This Request is [-J'A / DENIED [ ] by Commissioners' Court E. Duane Peters, County udge �� —c / - 1,Q Date E l. -- Application for Development O1lu:e use o Dam County subdivision and Development Regulations Samos Comfy F.itaRneainig Deparanetu 2617 Hwy 21 West, Bryan. Texas 77803 lM M2127 Master Dian Final Plat ✓ Re -Plat Amending Plat Propee�y Description Road Locadon: saddle C roak D rke lftsl Descriptiol: . Jamea C. SW18Wra LeWa, A-218 Subdivision Description Subdivision Name: Saddle Creak SubdWbbn . Phase e ToW number of lots: 2e Total Acr+aage: 43.2186 Property owner Oaaar nanu(a); Seddl Croak P wb r% LTD Cls(eat mdling addru:as: _ 4440 Benlwood Drina, College S UN., Tx 77848 Phone munber(s): 470400, Q Applicant or AuthorbW Agent. Englaeer or Surveyor Name and Add1EM- Saddle Crssk P ar"M LTD - ML Sc ehin, 4 Benlw ad Drive, C OUP MOM Tx 77845 Ph6ne amiba(ir dame and wddMM' Sghun: E9ekeaM111 LLC • Joe Saes: 2M L-amlre Drive Suits A, Cob" Steam Tx 77848 1110110 auatb S): e79- 784 -3W0 ' Application Is for Re'Wendal (Y) Mobile Home Park () Commordel ( ) Odia() Is any of the property loaned is a FRoodplain or Flood Hazard area? (yeono) A&wdeiDaest The stood bmrd boeederymops ad edw floor hie used by Brame Cwegr in ardoWaS Rood hmnb m PW"W dardopraenb`mrs eenetaerer rembte oas ad raste b eoar rlesubwy popm ad as boed en the bat adtahk ode+aibe ad aWWOUfis data Oa are oemdm rases floods caw u d vin oww ad Rood hddm soar be hmen ed try am nab ar mallet amen Permit In e000name:.bh da Brma Cousty Recd Dump r1m owb oansdea notinpy "eerdepraeete GOW 60111111111011111 6t sPIOW stood b to ad will be ties flan Manias er good 4nresa bow" d es pamtt abets not aces UAW= drs pmt of ftm Coomy army otltaer ar eaWlaym of Bneoe Coney India ellleat Qaedns w food dmwp roes am. Is pert or all of the property within an ET! ofd City? red no WM any ooasauctioa occur In TxDOT dot-of no (yes/no) Application Check heist Copses of finished plat with ooneaions (if any): e 9 copies to Brains County Pdt eJ4 a Ono (1) Dopy to BMW Candy Health Dept. a Ono Moopyto Bram County 911 a Ode (1) copy to local water Dkbfet or Company Lards of approval (to be NO by die approving Institution directly to Brtlaes Goanty 8agineecina a Leiter ffom Brains County Health Daps — For onsite sewage evaluation. 0 Letter from Brains County 911 — For road frames, a Left from Water District or Company. -- Stating water availabiiity, eta. Wpioputy is within an ETJ of a dty: e nodfieadoo 6+omapp s rOP - des - 1 Cl 1��� - 1., p Qc/• f — • /� 2 Zv Z AppRiaat have slgaw di sp In the apadEy dcelpaWL If any, and 6udur attests dodw, have head doaameatadd the stdemem contained havin and any attached am true and filataai. All tppliat b are 411W a ed to tlevfaW the County Rgpdadoos pdor to any plat submittal. it is u m astood that Ih's applladiod b Ant fioisbed or =4 A documents listed above we Med at the Brame County to blaob we filled In the application above. ApptitAOt's Si L.- �� County Witness Date Fig. Vol. �e 3 Schultz Engineering, LLC November 27, 2012' R. Alan Munger, RE County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, TX 77803 RE: Saddle Creek Subdivision - Phase 8, Brazos County, Texas Dear Mr. Munger: Office: 979.764.3900 Fax: 979.764.3910 Attached is copy of the revised Final Plat and our response to your review comments of the plat for the above referenced project. Please let us know if you have additional comments. Please let me know if you have any questions or need additional information. P J , .E. Civil Engineer P.O. Box 11995 • College Station, Texas 77842 schubenglneeringllc.com Vol. — /fop , pg, Saddle Creek — Phase 8 Subdivision Brazos County Review Plat & Construction Drawing Review Response to Comments and Suggestions by Munger, P.E. and Arnold (979) 822 -2127 20 November 2012 Sheet No Description Plat 1 of 2 Comment: Provide communication to purchasers of Lots 212 -217, 219, 220 of Block 11 and Lot 151, Block 6 notifying of pipeline. Septic installers need to be aware of potential hazard. Note 7 on the plat was amended to include the mention of the pipeline on these lots. Plat 1 of 2 Comment: Provide Benchmark Information on Plat. Provide Datum on Plat. A benchmark was added to the plat. It is at the south corner of Saddle Creek Drive and Stetson Drive. Note 21 was also added to the plat to clam elevation and datum. Plat I of 2 Comment: Not desirable to have a Public Drainage Easement overlaying a Pipeline Easement on Branding Iron Court. Can PDE be relocated? Has Pipeline been notified? The culverts and drainage channel are not in the pipeline easement just a portion of the Private and Public Drainage Easements. The pipeline company is Ok with the plan and construction of the drainage, roadway and waterline Plat 1 of 2 Comment: Correction needed to Existing Property Owner Morgan — subdivision should be Saddle Creek rather than Duckhaven. The existing property owner information has been corrected Plat 1 of 2 Comment: A Channel is shown on GIS contours between Phase 8 and Phase 9. Does Drainage Study indicate a need for this as a drainage easement? PUE should not overlay the Drainage Easement if so. Private drainage easements have not been provided on previous plats along existing drainage ways between Phases of the Subdivision and to date has not been an issue. Plat 1 of 2 Comment: Please provide existing contours and existing drainage features on plat. Sheet 3 was added to the plat to show existing contours and runoff flow direction. Adding the contours to Sheet l would make it difficult to read the line and curve data. VOL �� p �� � Plat 1 of 2 Comment: Lot 178, Block 9 appears to be a steeply sloped site in the only available area for the OSSF. Proximity of the septic field to Saddle Creek Drive and to Public Drainage Easement (shown and potential Private Drainage Easement in previous comments) should be reviewed. This has been reviewed and discussed with the Developer. He is confident there is adequate area for the OSSF. �? R i —v n.nn Mr Vol. l ? _ p9•-9iU-- l \ \ / I x tAs DUCK HAVEN \ PHASE 5 � W C VOL. 8629/ P G. e�3 b Lo 40' I / PRIVATE I �' L47 \ DRAINAGE L52 / EASEMENTI ( 8.83' q to I N _ I 4 8. U9UG M7 DRAINAGE y_k UBLIC � 1 T EASEMENT I EASEMENT \ 13.80' / I I BLOCK 11 \ LOT I EASEME HE T / 151 I 1842/337 (LOW PRESSURE 202 / \ I NATURAL GAS) I / I I v INSET 'A' —v n.nn Mr Vol. l ? _ p9•-9iU-- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 4, 2012 SUBJECT: Utility Permit – Vetizon Communications Consider and take action on the Verizon Communications utility permit to construct 2" road bore located on Reed Lane. This project will provide telephone service to customer at address #1839. Site is located in Precinct 2. REQUIREMENTS • No work will be permitted between front slope and /or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installations) shall be 1) within 2 -4' of and parallel to the right -of -way line and /or, 2) in the case of a road bore, perpendicular to the right -of -way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be placed at least thirty-six (36'� below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: APPROVED B ' J64 V. Salvato Catalena Right of Way Agent Co 'ssioner Precinct 2 This request is 21(PPROVED / DENIED ❑ by Commissioners' Court I :)—" � - L Duane Peters, County Judge DATE: Vol. f �! _ P _ -- 5/ BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822 -2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e -mail - JSalvato @brazoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. c Vol. VERIZON COMMUNICATION Notice of Line Installation Nov. , 2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Beginning at a point approximately 2877' northwest of the junction of Reed Ln and Dilly Shaw Tap Rd, a 2" road bore will be made southwest across Reed Ln and Verizon drop wire placed through the conduit to a customer. Cable will be at a minimum depth of 36 ". The location and description of this line and associated appurtenances is more fully shown by one copy of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5413112899069 which is scheduled for 1116112 if you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979 -821 -4752 within 15 days so that we may explain or modify our proposal, otherwise, it is understood that this proposal is approved. VERIZON COMMUNICATIONS 5413112899069 Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 9 Vol. _ l _ NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now VERIZON SOUTHWEST [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at a point approximately 2,877' northwest of the intersection of Reed Lane and Dilly Shaw Tap Road, a 2" road bore will be made southwest across Reed Lane and drop wire will be placed through the conduit to customer located at address #1839. Bore will be at a minimum depth of 36 ". The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionstprovisions included in this notification. yer% r-N Company Name By: 6 1 1 � �� — � V -� Signature Title a ro" soy - ti k Address Phone Number ^ ta O Email: kCvxr)dC+. • V C oda L V cc' Zorn _ Cc reN Vol, --- ---_-- - -- j.F,A•� �'�.•%'r,n f �! '. i _ I s + i,� �� CIr;�J �M1�'� "��'� ��r..Sr l � < �`i�� { Sn �o �!" �� L„ is } ..r r, �. ,3; �� � �••`'{'''J � „�` � i C*r ' +!� c � �'rv�� - � 5 -, ,� �!,�, /� jl � ..�.7. 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T ` 1 � • � �_ 2 r � + �.� +�j•ti,y,�ti. r� S Syr. � :� a x. ,.-s:: ,�. ±: k ,c ii �" :+. 77 � .� y f r `�, f j ; ' 4 � . i� J : � yrt��J '� 3• - }+� � rt r t 4K i � } 'y 1 r'��r l \ � � � ? y. � it i �f����� ���•�. ti �� y ti t � �� ^•'fir � � %, t l .r t � �2 -' � , L :; +. /.; ` w 4c •� `iy •t 4�'n''° 'i' �� ��_s�T .t2���.. , ~ :� � :,,7. 7i,�i'! - ,� F'�c "4"'r>'�L.`+ti'� � .z �`;� y � � ; •'.?F�:as� 7�' „ a ;; 9 \ BORE AND PLACE \ 30' OF 2" PVC. \ DEPTH 36' BELOW DITCH LINE. \ �� < \ \ P P� J NOTE AREA BORE ROAD FOR BURIED DROP. N 12.50 PRIMARY VOLTA( (JTAW) (BLOUT EXP05E0 BRYAN LAKEVIEW VERIZON AREA I STATE TX DIVISION: SOUTHWEST I EXCH.: 5413 IREM. CD.: 002 W.C.: 7780 IWO NO.: RECORDS ICONTROL NUMBER: TITLE: BRAZOS CNTY PERMIT I TAX DST.: TWP: I RNG : SEC.: I SAL: XXX DATE: 11/05/12 REV. DATE: Isc ALEW :100.00' FILE WPI DRWN I ENG I APRVD PRINT RVW RVW I 1 OF I c:ldgn177801RECORDS\wpl.dgn l ll6l2UlZ S:4J:U3 AM ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed locati of the utility in the County right of way as shown by accompanying drawings and notice dated /Y ow6^4fK Z6, Lol.2 except as noted below: (Month/Day/Year) EXCEPTIONS: N d NF r �p B County Engineer l -� BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. b. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Penmittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan r Engineered Traffic 1. A traffic control plan, pursuant to the TMUTCD o Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; Vol. f ' _ pg. I 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. I Vol l _ -. g 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfllled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. I All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. / T _ pg., �J' g. , �' 3 j F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. l 'rs 2 _ Pg. � 5 i BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: December 4, 2012 ITEM: Consider and take action on the Final Plat of Green Branch Ridge Subdivision Phase Three 27.88 Acre Tract, Richardson Perry Survey, A -44, (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS : NOTES: • Owner/Developer: Beard Family Partnership LLP; Easterling Homes LLC • Surveyor: Kling Engineering & Surveying SUBMITTED BY: APPROVED BY: R. Alan Munger, Sammy talena County Enginee Com 'ssioner Precinct 2 CC2012 -049 This Request is APPROVED / DENIED [ ] by Commissioners' Court E. Duane Peters, CMhy Judge a -Q -i Date Vol. Pg._,,j s Brazos County Pre - Application for Plat Approval Date: Master Plan Final Plat X Re -Plat Amending Plat Date & Time assigned for Application and Plat Review with County Engineer or Planner: Description of Property: 27.88 Acres Subdivision Name: Green Branch Ridge Subdivision Ph. 3 Property Location: Steen Hollow Road Legal Description: 27.88 Ac. Tr. in the Richardson Perry Survey, A-44 Applicant or Authorized Agent: Stewart M. Kling Phone Number (s): 979 -846 -6212 This is a notification to Brazos County that a plan for development exists for this noted piece of property. This is not the official Application for Development. This also does not commit the Applicant listed above to file an Application for Development or to file any type of plat for Record. All properties within the County of Brazos are submitted to the rules and regulations set up by the Brazos County Commissioners Court. Copies ofthe Brazos County Subdivision and Development Regulations and the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering and Planning Departments. All applicants are encouraged to review the regulations prior to any plat submittal. Attached is a general check list to be used by a Registered Engineer or Registered Professional Land Surveyor, licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat. All County and City Ordinances and Regulations must be met. This is not a short list of details of said regulations. Details of the items listed are in said ordinances, and said ordinances take precedence over this check list. App cants Signature CL�- Date of Signature Comments: pg Vol. 7 �- �.�'G BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 4, 2012 SUBJECT: Pipeline Utility Permit — Texas Express Pipeline LLC Consider and take action on Texas Express Pipeline LLC utility permit(s) to construct nine (9) road bores crossing the following county roads: Broach Road Smith Road Alexander Road Standing Rock Road (Standing Rock Ranch Subd.) Dilly Shaw Tap Road Kurten Cemetery Road Old Reliance Road Riley Road Cobb Road Project will lay twenty-inch (20'D high pressure underground pipeline in Brazos County. All sites are located in Precinct 2. REOUIREMENT(S) • High pressure accordance with Standards SUBMITTED BY: underground pipeline(s) will be constructed/ installed in the Brazos County Roadway Safety and Road Preservation R. Alan Munger, P . County Engineer This request is ROVED / DENI ❑ by Commissioners' Court Duane Peters, County Judge Date 283 Corporate Drive r n One Sterling Plaza P. 0. Box 3106 Ar A AV t � 10101 Southwest Freeway, Suite 620 W AV AV Houston, TX 77074 Houma, LA 70361 -3106 A i J (985) 879 -2731 VOICE MoMs R Hebert Inc. (713) 219 -1470 VOICE (985) 876 -9052 FAX client focused solutions (713) 219 -1471 FAX November 27, 2012 R. Alan Munger, P.E. County Engineer, Brazos County 2617 W. Highway 21 Bryan, TX 77803 RE: Proposed pipeline crossings for the following nine County Roads, Brazos County, TX to allow for the construction of the 20 inch Texas Express NGL Pipeline. Broach Road Smith Road Alexander Road Standing Rock Road Dilly Shaw Tap Road Old Reliance Road Riley Road Cobb Road Kurten Cemetery Road Dear Mr. Munger, Texas Express Pipeline LLC respectfully requests permission to construct one 20" NGL pipeline across the above referenced County Roads, in Brazos County, TX. Please find attached 9 applications for road crossings, each with three sets of permit plats, which include a vicinity map showing the location of each crossing and a plan and profile view with details for each roadway. The crossings are proposed to be completed by dry bore, and all bore pits will be located on private property, a minimum of 20 feet outside of the County Right -of -Way. Based on our original submittal you had expressed concern for the angles at which we are proposing to cross some of the County roadways. When we are crossing at angles much less or much greater than 75 degrees it is the result of paralleling an existing pipeline within an existing utility corridor, making considerations for a private landowner, or avoiding important infrastructure. TXDOT requires that we cross their roadways as close to 90 degrees as possible. This makes it difficult in some cases to adhere to the County's 75 degree angle requirement as well. Additionally, we have modified our crossing designs to reflect the minimum 10 foot cover within the County ROW to meet your new requirements for uncased high- pressure pipelines. I am attaching a copy of our erosion control plan for Brazos County, and we will be undertaking all work within wetlands under a US Army Corps of Engineers NWP 12. This permit is regulated by the linear length of pipeline which crosses through wetlands. The upper limit for this permit is 500 linear feet. As the pipeline is designed, we are not crossing any USACE determined wetlands measuring 500 feet or greater at any location along the entire length of the project. This qualifies us under the NWP and therefore requires no formal permit from the USACE. MPH Job No. 11074 Pagel of 2 Surveying • Engineering • Environm Se a GIS Vol. l 70 ' P9• �✓`�� I have also supplied a copy of the TXDOT Traffic Control Plan which will be utilized by our contractors. Contractors will be crossing the County roads with vehicles using tires as well as tracked vehicles. In order to reduce the potential for damage to the roadway, crews will be placing plywood along the route of the equipment crossing. For this reason we are enclosing a Surety Bond in the amount of $75,000, as provided by your office, to cover the costs of any potential damage. In addition I have included a copy of the detailed pipeline specifications and Barlow's Formula calculations for both the pipe outside and within the Brazos County ROW. I hope that this information satisfies all of your concerns regarding our proposed pipeline. We are submitting a check for $4,500 (9 roads at $500 each) to cover permit fees for this application. If there are any additional fees required for issuance of the permits, please notify us as soon as possible. If you have any questions regarding the proposed crossings or require any additional information please do not hesitate to contact me at 985.232.1083 or gbrownna.mphinc.com if the specifications of the above listed road crossings meet your approval and are authorized, please call me at the number above so that I may pick up the permits as soon as possible. Thank you for your time and consideration of this matter. Gretchen Brown Regulatory Project Manager MPH Job No. 11074 Page 2 of 2 Surveying @ Engineering • Environmental Services • GIS V / 7,°Z Pq. 0 2 . ,7 TRAVE LERSJ BOND (License or Permit - Continuous) Bond No. 105617607 KNOW ALL MEN BY THESE PRESENTS: THAT WE Texas Express Pipeline LLC a s Principal, and Travelers Casualty and Surety Company of America , a corporation duly incorporated under the laws of the State of Connecticut and authorized to do business ,in the State of Connecticut , as Surety, are held and firmly bound unto Brazos County, Bryan Texas , as Obligee, in the penal sum of Seventy Five Thousand Dollars and no cents ( S75.000.00 ) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. WHEREAS, the Principal has obtained or is about to obtain a license or permit for NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond shall become effective on 11/5/12 PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above. PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee. SIGNED, SEALED AND DATED this 11/5n2 Texas Express Pipeline LLC C/ : � /'+d V Pfincipal Travelers Casualty and S Company ofAmerica By: Carol Hoch Attomey -in -fact S -2151A (6/10) _ P -- � � TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 214963 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No -001307738 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Cotmecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Robert M. Overbey Jr., and Carol E. Hock of the City of Hnnetnn , State of Taxac their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perntitied in any ictions or proceedings allowed by law. .,�, '' • ' ` 9th IN WITNESS WHEREOF, the Companies have caused this instriun�ent tti be signed and tt>,eir corporate seals to be hereto affixed this day of November 2006 Farmington Casualty Company Fidelity and Guaranty 'insurance Company. Fidelity and Guaranty Insurance Underwiiters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Memory Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 51rEr pay s tp -�y8 � ,wary r� HMO YNaNr �� State of Connecticut City of Hartford ss. By: G President On this the 9th day of November 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereo[, I hereunto set my hand and official seal. t My Commission expires the 30th day of June, 2011. Marie C. Tetreault. Notary Public Vol. � � Pa. 58440 -8-08 Printed in U.S.A. WARNING: THIS POWER O F ATTORNEY IS INVALID WITHOUT THE RED BORDER T'rave�ers' i IMPORTANT NOTICE You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Sun sty Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farminon Casualty Company for information or to make a complaint at Travelers Bond Attu: Glsima 1500 Marlwt Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 6754130 PM 675 -3102 Fax You may contact the Texea Department of Inane to obtain the iafiormation on companies, covmsm rights or complaints at Iam Department of Insurance P.O. Box 149104 Austin, TX 787149104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND This notice is far information only and does not become a part or a condition of the attecl:ed docta n"nt and is given to comply with Seddon 2253 -021, Govemment Code, and Section 53 202, Property Code, effective September 1, 2001. E � . Pg. � � '► r , : - M Texas Express Pipeline LLC payment of fee for nine (9) road crossings at $500.00 per crossing= $4,500.00 ` Deposit to Account # 01- 46065.0 County Roads: Broach Road, Smith Road, Alexander Road, Standing Rock Road, Dilly Shaw Tap Road, Kurten Cemetery Road, Old Reliance Road, Riley Road and Cobb Road. Vol. _f z _. Pc�_J�_. PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. ated in the right of way. In the event damages occur, penmittee 5. Permittee shall not interfere with other utilities loc will be liable to the County or other utilities running through the right of way. 6. , County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Saj Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. G Traffic Control Plan Engineered Traffic Control Plan must be provided for the 1. A traffic control plan, pursuant to the TMUTCD or following: �ific ni ttune traffic control a. Any construction (i.e. pit, excavation, hole) left open over night, requires � g� . measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; C. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. C. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. Vol. l � _. Pg oL_ J 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. eer or his representative may require shoring to protect C. based upon soil conditions, the County Engin pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol. l �,c� pg J H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvp of Pipeline (below deepest ditch erade) Spec Requir ements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. L APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now' Texas Express Pipeline L LC [company name J, hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Wall Thickness ® High Pressure Underground El Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) p*es�) Minimum Yield Strength 70 000 Qi Maximum Operation Pressure 1 4AR_P - The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL Ili. construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest.in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol. / 1 10 1 1 P 02 6d Facility to Parallel County Road Within Right -Of -W Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company falls to obtain a permit prior to the installation or does not install udlides in compliance with Installation requirements set forth herein (Le. depth, location, etc). Company assumes all financial responsibility for damages and/or destruction of lines, cables, eta based upon its failure to comply with Brazos County requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entded to rellef enjoining any conduct by applicant which is contrary to the policies This permit is a revocable permll: Brazos County reserves the right to revoke this permit at any dme, in the sole discretion of Brazos County, for interests of public healsk safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufJlclent by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as It deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal not{Jkation to the ApplieanNCompany. Failure to obtain this permh and/or notify the County Engineer's ice within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Pillellue LLC Company Name Kyle L. Webster I. A L Signature Anat & Attorney -in -Fact Title 1100 Louisiana Street Suite 1000 Address Houston Texas 77002 city State Zip (713) 381 -6390 Phone Number kwebsterReprod.com Email: Vol. P9• I PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 71 — 'Z7 — Zo/ Z except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engine vo, I.1 - 02 7U I BRAZOS COUNTY, TEXAS K . SEE SHEET 4 FOR ti rr Q Z �; = BROACH ROAD CROSSING OR SEE SHEET 6 FOR a r' SMITH ROAD CROSSING `x. i :i' �` a 0: �� ' t `•� SEE SHEET (j I ALEXANDER ROAD CROSSING SEE SHEET 7 FOR STANDING ROCK ROAD CROSSING I ' HWY 874 CROSSING t �°_ f r PROPOSED 20' PIPELINE ti a \ LAT.: N 30'47 LONG: W 98 .,` '� " / '. L%i•" t ^' ".'• .l - . % ~ + : � J ` '� ' r. ^,�� �''0 - 1 • • <R` F.M. 11WY 2778 CROSSING i Q LAT.: N 30 ��'•� ii "■ i,,; ' Get. w LONG: W 96'20'21' SEE SHEET 8 FOR- eBn I U ' j © ` ' \ •,�'. . DILLY SAW TAP ROAD CROSSING ' Q W � �.•- Jl..:c'ss i— �._ _ I1..�� +.,. 1�P� ':.K•w "� f, :y rr,� .,iM , ` . G '. :- ,�•i07a.7 ^•- sio - • , R - - 1. ! ',�• . ` + _ / �� �: �+ /� ; %`� f.�` 1 ' "•• .`,. `�"`.,.:,;v;, __.... •�f:!'w?' td.,� F%� + i K -. _�l, sxa+ ..t 'w 1 _VICINITY MAP GRAPHIC SCALE 8 0 1500' 3000' 6000 TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE — SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS w� w w • "Morris P. Hebi e sa>svrm�c • axcnresxu►c • aNV�w�xru saxvrr$ � � i PA. BOX 3106 • 20 0011 DWWE • HOUMti UXk9MN 703 3 - 10101 SOURIWFST FRE EIMIY a SURE 400 ' HOUSTON, T ERIS 7701 , ,.. I U MPH CAD FILE- VICINITY(1) Vol. / 70z___ F0- � 7/ DRAWN BY: JJA SHEET: 1 CHKD. /APPD• BY: AFG SCALE: AS SHOWN UPDATED BY: DATE: 05/28/12 In . M IS DATA BASE: 11074 JOB N0. 11074 -01 , ,.. I U MPH CAD FILE- VICINITY(1) Vol. / 70z___ F0- � 7/ BRAZOS COUNTY, TEXAS _' G. SINGLETON SURVEY A -51 } V N- 11187210.06 72'49' 15" f N =1 t 187179.81 E =2458664.59 / g �, / E =2458732.09 LAT. - N30'47'45" 47 / LAT. - N30'4744" E LONG-WSW 23'37" LONG- W96'23'36" _ C.4 — — S65'51'30 °E' - t74' / .0; PROPOSED 20" PIPELINE *7 I n / y� ., R N * f __21S y1 8'y�T PIPELINE j A PLAN c GRAPHIC SCALE 8 0 0 15' 30' 60' 0 N t37' t37' m C rc �i M URAL GROUND AI °c .. 13 /� / ' 0' 41 10' MIN. $ PROPOSED 20" PIPELINE E m PROFILE HORIZONTAL GRAPHIC SCALE PROPOSED PIPELINE WILL BE INSTALLED 0 15' 30' 60' BY HORIZONTAL BORE METHOD. n TOTAL LENGTH R/W: ±80 FEET 0 5' 10' 20' SIZE AND PRODUCT: 20' NGL PIPELINE VERTICAL GRAPHIC SCALE TRACT N0: TX- M-0006MIM E REVISION vg N0. DATE REV. BY: s TEXAS EXPRESS PIPELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS TEXAS COUNTY ROAD 416 (BROACH ROAD) LOCATED. IN e BRAZOS COUNTY, TEXAS CL 6 FCHKD./APPD. BY: JJA SHAT: 4 wry w w • BY: AFG SCALE: AS SHOWN Q Q DATE: 05/21/12 � � � T... BY: Morris P. Hebert Inc. DATA BASE: 11074 JOB N0. 11074 -01 SWl PLYLIt c saeWW •F�'LD p0 Box 31ae • 20 ooRPORAIE MK • Hauw� LoumnMr, 70361' 879 -2731 MPH CAD FILE TX— BZ- 0005.00010(4).DWG 10101 SWRff 67 FREMY • SIX 400 • NORM' 1ExrB 77074 1 219 -1470 0 dd n r m m a a 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE PRODUCTS OPERATING LLC/TEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON. TX 77002 PO BOX 4324 HOUSTON, TX 77210 1.2 PIPELINE NAME TEXAS EXPRESS PIPELINE 1.3 PRODUCT: PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 —MAY 2013 2.1 DESIGN CODES THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR TITLE 149, PART AS 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE 1,480 PSG ( MAXMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE 2.204 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE 1,865 PSG (MINIMUM) z �3 • g. c 3 9 I 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' 3.3 PIPE SPECIFICATION: API 51.: GRADE X70/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI/85,000 PSI 3.5 MATERIAL• CARBON STEEL 3.5 PROCESS OF MANUFACTURE HFW 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, 'ABRASION RESISTANT OVERLAY 4.0 CATHODI • PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT OR 5.0 co NSTRU TIO� EM 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR.CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA 0 DRAWN -BY: I SHEET: 14 —� CHKD. /APPD. BY: AFG SCALE: N/A z z' �' �_� " _� DATA BASE: 1107 DATE: 06 /04/12 P. At=1247 UPDATED Br: Hebe D • FOL 4 JOB N0. 11074 -01 $106.26s ORE • H11 IDUSNNn 70381 MPH CAD FILE PIPELINE DESIGN DATA(14).DWG im T FREEIIAY • WIFE 400 •HOUSTON, iE111►S 77074 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Texas Express Pipeline LLC [company name], hereinafter referred to as Comes now "Company" a Delaware [state] Corporation, with autho to transact business in Texas, acting by an through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Wall Thiclmess ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 70 000 osi Maximum Operation Pressure 1 480 osi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said pe t if shall complete said construction /work within 120 working days. (COMPANY MUST FILL III. construction is not begun by the 60' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder d he holder o will all most assume e xpense arising indemnify, defend and save harmless Brazos County from and against y in any manner on account of the exercise or attempted exercise by said holder of >h aforesaid ri Office or its sle designated Any deviation from these specifications must be approved b Brazos County Engineer's representative. Vol. Facility to Parallel County Road Within Rieht -O Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction ojiines, cables, eta based upon its failure to comply with Brazos County requimmentL Applicant agrees that Or Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requtsltes for injunctive relief exist and that Brows County is enlided to relief enJo/ning any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the We discretion of Brazos County, for interests of public health, sgfety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company jails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further rdains the right to revoke this Permit by verbal notiJi'cation to the ApplkandCompany. Failure to obtain this permit and/or not(fy the County Engineer's Ojj'Ice within 24 hours of beginning construction shall constitutegroundsfor job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Plpeiine LLC Company Name K Ie L Weboer By. Si tore Arent &A jpe -in-Fact Title 1190 Louisiana Street Suite 1000 Address Houston: Texas 77002 City State zip (7131381 -6390 Phone Number kwebster(Reprodl.com Email: PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated )1- Z'l - Zo/Z except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engin BRAZOS COUNTY, TEXAS ,. . t `3a: � • i �� \ �' • .w � J . � • 6 e � { � "� JET, � r Y i J g; S Q ar : SEE SHEET 4 FOR �+ • °�/ : _ - _; 3�''-. v BROA I , . -= aso l •- ca- a:.'�_ •r' SEE SHEET CH ROAD C ROSSING 5 FOR SYRH ROAD CROSSING 4 \ S r SEE SWEET 6 FOR € . \+ ALEXANDER ROAD CROSSING SEE SHEET 7 FOR OAD CROSSING " STANDING } moo',. _ :�' �:• _ ,. n �D C< -�: w �` I < s , �• PROPOSED 20" PIPELINE HWY 974 CROSSING LAT.: N 30'47'13' E 7 \• s :ns -- LONGi W 96'22'16 ( ` J 4' �, �• i •\ ` a? :J� ! 9 I °' � y (n, 2776 CROSSING HWY LAT. : N 3('4644 �(g Lj CL ,n �,.gw.iN ti' LONG: W 98'20'21' ` J SEE SH 2 r / - . I © •, E e ` r .' +.•h <;. 0 ,, EET 8 FOR • ' ebse DILLY SHAW TAP ROAD CROSSING Q ti .. _., , : •-., iM1^ J - - , •� �AV1w. i J7�y(' I ••'<. P � . _ is �' 9` '\ I �,: • � r • p, _ � •rte '_�,� ;' �.s �- ...;.. .y "�-' ��;�` � - • y 'I'a� - ; ��p? g I VICINITY MAP GRAPHIC SCALE 8 0 1500' 3000' 6000' TEXAS EXPRESS PIPELINE LLC ` PROPOSED 20" PIPELINE — SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS DRAWN BY: JJA SHEET: 1 CHKD. /APPD. BY: AFG SCALE: AS SHOWN UPDATED BY: DATE: 05/28/12 Hebert, BASE: 11074 � DATA JOB N0. 11074 -01 Morris P. HHe a soLnswu 7o3e1 • �- 1 MPH CAD FlIE. VICINrTY(1).DWG /, P.0. OOX J106 283 CO Y RP � jFj • 219 -1470 10101 SOUDIREST FREEWI1 Vol 77 . _ - -_� __. . - - -� � `= _ , E n 0 BRAZOS COUNTY, TEXAS G. SINGLETON SURVEY A -51 N•1115691 &31 \ E- 2459311.89 27'42'23" \ LAT. - N30'47'42' \ LDI�- W9r23'2 20" PI PELINE — S65 N ®11188949.45 E22459243. LAT. - N3C'47'42' LONG- WW23'3 x EXIS7I r EFFU PIP ELJ F NE ����r� +�- -�P ~� PLAN GRAPHIC SCALE 0 10' 20' 40' *37.5' I �' �? cr & . . - ", _' I. f'KUr ILt. HORIZONTAL GRAPHIC SCALE 40' PROPOSED PIPELINE MALL BE INSTALLED 1 ' 2 0' BY HORIZONTAL BORE METHOD. 1 �� 20' TOTAL LENGTH R/W: ±75 FEET 0 5 TRACT NO: TX- M-0006= SIZE AND PRODUCT: 20" NGL PIPELINE VERTICAL GRAPHIC SCALE 0 0 Vol. �_f _. fi=g ' TEXAS EXPRESS PIPELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS SMITH ROAD LOCATED IN BRAZOS COUNTY, TEXAS BY- JJA SHEET: 5 BY: AFG ff SCALE: AS SHOWN — WW _ a� z z : DATE 05/21 /12 mw AN = Morris P Hebee�rt Ins DATA BASE: 11074 JOB N0. 1104 -01 . C• ,.,,.. ,a, �tF tI1NE • Nctwti_ Lpl6Y1W► 7= :— 1 _' ., � ; MPH CAD FILE. TX— BZ- 0 006.0001 0 ( 5 ).D WG Vol. �_f _. fi=g ' E r J a o. a 7 a O � �l_�I:CPTII$1:Z���C$IT�P► r� k� 3 ek O � TEXAS EXPRESS PIPELINE LLC 1.0 GENERAL INFORMATION 1.1 APPLICANT /OWNER: ENTERPRISE PRODUCTS OPERATING LLC/TEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON, TX 77002 PO BOX 4324 HOUSTON. TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT: PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 • 0 11_ 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT - ) STANDARD CFR TITLE 149, PART A5 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE: 1,480 PSIG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE 2,204 .PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE 1,865 PSG (MINIMUM) 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500 3.3 PIPE SPECIFICATION: API 5L.' GRADE X70/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PS1 /85,000 PSI 3.5 MATERIAL CARBON STEEL 3.6 PROCESS OF MANUFACTURE: HFW 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, 'ABRASION RESISTANT OVERLAY 5.0 CONSTRUCTION METHOD 5.1 PIPELINE VWLL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE PIPELINE DESIGN DATA n 0 Morris P. Hebert Inc. G • BN M • E7VV�EONIBNTAL am • nm ibpi s • as 5106 - 283 CORPORATE DRIVE I U % UAIR NA 7=1 • 879-2731 JDIWEST M M6IY 4 M 400 1 MN 71074 • 13) 219 -1470 DRAWN BY: SHEET: 14 CHKD. /APPD. BY: AFG SCALE: N/A UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: PIPELINE DESIGN DATA(14).DWG l7 79 vol. APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said Iocation described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased Alexander Road Approx. 63 feet x Facility to Parallel County Road Within Rieht -Of -Way Road Name and Block Number From To Distance CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Wall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 70,000psi Maximum Operation Pressure 1.490 plo The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL 11). If such construction is not begun by the 60 day, Company will. be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. o Vol. _��� - -- Pg._d Approval of County Engineer's Office may take as long as two weeks after complete application is received Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DES[GN STANDARDS AND. SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that regumies for Injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the polities This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, In the sole discreden of Brazos Count', for interests of public health, safety or odfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company falls to comply with any or all of the requirements as set forth herein, the County may take such acdon as it deems appropriate to compel compliance. The County Engineer farther retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Pipeline LLC Company Name Kyle I.—Webster By. . L. 11 Signature Agent & Attornev-in -Fact Title 1100 Louisiana Street, Suite 1000 Address Houston Texas 77002 City State Zip (713) 381 -6390 Phone Number kwebster(leprod.com Email: i PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated W- 47- OR I Z- except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County VOL r q a OU- BRAZOS COUNTY, TEXAS `\• ,'� / t - s z 1 EET 4 FOR s+ J, p ROAD CROSSING ` I , , j m 8R�l '' / F I TABOR SEE SHEET 5 r• `� SMITH ROAD CROSSING I SEE SHEET 6 FOR ALEXANDER 7 FOR STANDING ROCK ROAD CROSSING PROPOSED 20' pIKUNE Jib F.M. HWtt 974 CROSSING I t / ;y' sue_ `• d, .' • -' rm: 4_. .,,' r. 47' N 30' 13 • ` ° a 1 �� LONG. 98'22'16 Y. ;•. +1, :� j' �� _ 277 CROSSING F. M. HWY 6 CROSS • t IAT. , 9 N 37 O�Z �' '; .a.� Z Fb.Y11Yw1Y k::� LONG' 8' [• x,?:r: ,.- I J ' Y .+ `'� ice'• 'S IS SEE SHEEP 8 FOR- FV- ;!_ . °� •�' Q DILLY SNAW TAP ROAD CROSSING • e It VICINITY GRAPHIC SCALE 6000' 0 1500 3000 TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE — SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS r r mw P Heb Morris eb , a ...1eo.vnrc . pNC�1SERWC • a 1 n�aa�wa 7N DRAWN BY: JJA CHKD. /APPD. BY: AFG UPDATED BY: Inc' DATA BASE: 11074 tars• US M MPH CAD FlLE: VI CINm SHEET: 1 SCALE: AS SHOWN DATE: 05/28/12 JOB NO. 11074 -01 DWG — r E N O a N_ ro 0 BRAZOS COL G. SINGLETON a w/ �NTY, TEXAS SURVEY A -51 N- 11185599.45 N- 11185825.55 / �•7�'58'32' E- 2462693.05 E- 2462835.71 LAT. - N30'47'2B' LAT. - N31047 :28: = LONG- W98'22'5 _ LONG- WOV2252 '- S6631`1Q "E.l.. f63' L- PROPOSED 20" PIPELINE A P P R O � ` 6 !l *i . IS11NG - 8 ' ENiE RPR� i PIPELIN 'L,_� N EXISTING FENCE / /o APPROX. R/W / PLAN GRAPHIC SCALE 0 20' 40 80' I ±31.5' ±31.5' 0 0 d NATURAL GROUND c 0 10' MIN. 10' MIN. PROFILE PROPOSED 20" PIPELINE HORIZONTAL GRAPHIC SCALE 80' PROPOSED PIPELINE WILL BE INSTALLED 0 20 BY HORRONTAL BORE METHOD. I ' 20' � TOTAL LENGTH R /W: ±63 FEET 10 TRACT NO: TX - W -0 W&Wp SIZE AND PRODUCT: 20" NGL PIPELINE VERTICAL GRAPHIC SCALE TEXAS EXPRESS PIPELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS ALEXANDER ROAD LOCATED IN BRAZOS COUNTY, TEXAS DRAWN BY: KJJA SHEET: 6 CHKD. /APPD. BY SCALE: AS SHOWN UPDATED BY: DATE: 05/29/12 s �r� "mop JOB N0. 11074 -01 Morris P. Hebert Inc• DATA BASE: 11074 C . G. uiJRNrIL Slum FaLD 2 11 $ CJS • pRIUE • lauw►� 1703BI • 879 - 2731 MPH CAD FlLE: TX- BZ- O J1 2 C0� • TE1a 77074 • 1 219 -1470 MMM Pg..� .. V _._ —_ I 0 s 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA n w ow o � .. " ' m — — — gebl Morris P. 90RF 6YlIIC • SAICDVBBRDV6 • SNiUIONJam SIB' Il PA. BOX 3106 • 283 09WUM L U M 0 �� MW 70 3 10101 MOM FREE * • TEX 7107 20 INCH TEXAS EXPRESS PI ELESIGN DATA 14 1,0 GFNFRAL INFORMATION N/A 1.1 APPLICANT/OWNER: ENTERPRISE PRODUCTS OPERATING LLC/TEXAS EXPRESS PIPELINE LLC s DATE 06/04/12 1100 LOUISIANA STREET 11074 JOB NO. HOUSTON, TX. 77002 PIPELINE DESIGN DATA(14).DWG PO BOX 4324, HOUSTON, TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT. PRODUCTS Y GRADE E 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 n n r 2.0 PIPELINE DESIGN DAT N a CODES THE DEPARTMENT OF TRANSPORTATION ('DOT STANDARD CFR TITLE 149, PART A5 f m 21 DESIGN *TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME B31.4 2.2 DESIGN PRESSURE 1,480 PSG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE 2.204 •PS1G (MAXIMUM) HYDROSTATIC TEST PRESSURE 1,865 PSG (MINIMUM) u li v ° 7 3.0 L CARRIER INE PIPE 3.1 OUTSIDE DIAMETER: 20.000' = 12 GI 3.2 WALL TEBCKNESS: 0.317. 0.500' 0 3.3 PIPE SPECIFICATION: API 51...' GRADE X7O/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI/65,000 PSI IL 3.5 MATERIAL: CARBON STEEL m 3.6 PROCESS OF MANUFACTURE HFW t' 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, ABRASION RESISTANT OVERLAY 4.0 CATHODIC PROTEGTION r U S 4.1 RECTIFIER IMPRESSED CURRENT i i 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA n w ow o � .. " ' m — — — gebl Morris P. 90RF 6YlIIC • SAICDVBBRDV6 • SNiUIONJam SIB' Il PA. BOX 3106 • 283 09WUM L U M 0 �� MW 70 3 10101 MOM FREE * • TEX 7107 Vol. / Pg. oZS SHEET: 14 AFG SCALE: N/A W DATE 06/04/12 II 11074 JOB NO. 11074 -01 PIPELINE DESIGN DATA(14).DWG 219 -1470 Vol. / Pg. oZS APPLICATION FOR PIPELINE UTILITY PERMIT TT.rri TTV TV rniINTY RIGf TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS com name], hereinafter referred to as Comes now Texas Ex ress Pi eline on, with authority [ transact business in Texas, acting by and "Company" a Delaware [state] Corporation, gi veer for the right to lay, construct, through its duly authorized representative, and hereby petitions the County En maintain, repair and/or operate equipment under; over, across shown on drawings and/or along certain County Roads as and diagrams attached hereto and said location described as follows: Facility to Cross Road CONSTRUCTION TYPE &I High Pressure Underground Wall High Pressure Underground � pipeline (60 psi operating 20 inch Diameter 0.5 inc pi (60 psi or greater Pressure) pressure) Material Specification Carbon steel operating p Minimum Yield Strength 70 000 osi Maximum Operation Pressure 1 480 oai — 'on and description of the proposed installation and appurtenances must be fully shown on the attached detailed The location drawings. Co shall commence actual construction/work in good faith wi thin COMP ANY MUST FILL Ill). If such d f r om the date of said permit an The Co p y working Y shall complete said construction /work within ?�be required to apply for a new permit. construction is not begun by the 60' day, Company declares that prior to filing this application, it has ascertain th the oposedlinstallationtt�'cill not with Company d a pplication is rims facie e vidence P underground, and the filing of this app ' P any existing utility. A copy of this permit shall be kept at th job site any time work is being performed. ssl st that this Permit is a license for permissive use only and that the placing of facilities upon pub lic It is expressly P roe right m said holder. property pursuant to this permit shall not operate to create or vest any property m' ° s rig un derstood and agreed that the rights and privileges herein set out are granted only to the extent of the County gh It is and the holder and the holder will at all times assume risk of and title and interest in the land to be entered upon and used against any and all loss, damages, cost or expense arising indemnify, defend and save harmless Brazos County privileges. Brazos County Engineer's Office or its designated in any manner on account of th e exercise or attempted exer bbysmd holder of the aforesaid rights an p s ecifications approved Any deviation from these p - - -- representative. Vol. __ �. 0 2__ Facili to Paralle' ^w Rnad Within Rieht -0f - W�1 Approval of County Engineer's Office may take as long as two weeks after complete application is received. of said Applicant agrees to comply with all rules of the County C missi n STAND he Co ntt SAF t ETY PRECAUTION D installation attached hereto as BRA7AS COUNTY GHTS OF WAY and incorporated REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RI herein for reference. obtain a permit prior to the installation or install �� utilities in racial respons In the event Companyfalls to ibility for installation requirements set forth herein (Le. depth, l upon its ail , re to co any assumes with Brazos Count' requirements. damages and/or destruction of lines, cables, eta based upon f s of this policy, Applicant stipulates that Applicant agrees that if Brazos Count' demonstrates a violation of the term unctiv,e relief exlst and that Brazos County is entitled to relief enjoining any conduct by applicant requ isites for inj which is contriary to the policies mit Braves Count' reserves the right to revoke this permit at any time, in the sole This permit is a revocable per or lnten+ests of public health, safety or welfare, or for falture to repair any damages uPoa discretion of Brazos Count', f Count'. demand or far any other reason deemed supident by Brazos take such In the event Company falls to comply with any or all of the requirements ayes t fohe rein, ains the right revoke this action as it deems appropriate to compel eomplianea The County Eng! f r Permit by verbal nonficadon W the Applkant/Company. emit and/or notify the County Engineer's Office within 24 hours of beginning construction Failure to obtain this permit shall constitute grounds for ob shutdown. By signing below, l certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionsiprovisions included in this permit. Tex Express plaellue US Company Name ".Qianfttuve A eat & Attorne -in -Fact Title 1100 u ana Street Suite 1000 Address Housto Texas 77002 City State Zip 7 381 -6390 Phone Number kwebster a rod.com Email: PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated l/• 47;b /Z except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Enginee Vol BRAZOS COUNTY, TEXAS 0. SEE SH gir 4 FOR f • °�/} _ \� -u " B ROACH ROAD CROSSING f m ` = SEE SHEET S FOR ++ TOR SMITH ROAD CROSS_ ING r , •• i . 1 1 •�� SEE ROAD CROSSING [ �41 SEE SH'E'ET-7 FOR r" /!STANDING ROCK ROAD CROSSING ROPOSED 20' PIPELINE ' m { : .'.Y. HWY 974 CROSSING i , r::•.. a � P :m: f, r 6 F N 30 18 '47' 13 \ ' 1y ' i' LAT. '' •' , +'! f i �. LONG 96•• W '' / `,T fi . r� +.' � +. .�' i• � _ �' ' \: � ,'' ��` ¢y�.1.:Y•.' •,� ' it � r 7v' �y �' •mo F LAT. N . CROG M. HWY 2776 SSIN I� 30'4644q pi, W �; �:v ^• }` LONG: W 96'2021 c ;;.. } I J r. 4 iE SEE SHEET 6 FOR U �' .y, tf •./ •� ROAD G CROSSIN Q — . • • ; 1� } DILLY SHAW TAP RO _ + ;( r as `^'a. _, � ''•.,�• ,.. 'b'� . '"!' d 1, ° a :• , g VICINITY MAP GRAPHIC SCALE c 0 1500' 3000' 6000` TEXAS SEGM EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE BRAZOS COUNTY ROAD CROSSINGS SHEET: 1 DRAWN BY JJA SCALE: AS SHOWN CHKD. /APPD• BY: AFG DAB. 05/28/12 am. UPDATED BY: JOB N0. 11074 -01 s "' Morris P. Hebert, Inc DAT BASE: 11074 snwm •rain sm-m- s • ras so 1 MPH CAD Fl Ya@►C•SNCDal S'j /L 70361 • 980 67s -273IE MCINIIY(1).DWG 10101 31MMEST2FREWO ' SURE 40D ' HOUSTON. TEXAS 77074 • 219 -1470 Vol. BRAZOS COUNTY, TEXAS F. QUOTA SURVEY A -199 N- 11184734.62 Em2464585.20 LAT. - N30'019" LONG- W96'22'2 N a I a E . 58'1847" I F' - ±83' 4 -!ic . N ®11184719.31 Es2464667.20 , - N30'47'19' L0NG- W96'22'28" PROPOSED PLAN GRAPHIC SCALE 0 20' 40 80' ±41.5' 141.5' rc I � � r o °II 10' MIN. s B . NATURAL GROUND 10' MIN. �N 20" PIP` PROFILE \— PROPOSED 20" PIPELINE HORIZONTAL GRAPHIC SCALE PROPOSED PIPELINE WILL BE INSTALLED 0 20' 'Q. BY HORIZONTAL BORE METHOD. — INF7 40' TOTAL LENGTH R /W: ±83 FEET 0 10' 20 TRACT N0: TX- W-0010A00 SIZE AND PRODUCT: 20" NGL PIPELINE VERTICAL GRAPHIC SCALE TEXAS EXPRESS PIPELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS. STANDING ROCK ROAD LOCATED IN BRAZOS COUNTY, TEXAS 911074 JJA SHEET: 7 _ Y: AFG SCALE: AS SHOWN ��� r • DATE: 05/29/12 A A A � � Morris P. Hebert Inc JOB NO. 11074 - 01 c • cnrssRUrc•a>vvmoen�xr�c sarmcss•r�scn s1�v►cas• 3to6 261 coRPORATE' HowA LDS' >a361 ' 879 -2731 MPH CAD FILE: TX— BZ- 0010.0 URNM �y • WIE 490 • HOUSTON. MLOS 77074 • i 219 -1470 Vol. Pg. °2 - i A a 0 E n dd n r N m a a v a 7 a m i n 0 1.0 GENERAL INFORMATION 1.1 APPLICANT /OWNER: EXPRESS PIPELINE LLC ENTERPRISE PRODUCTS OPERATING LLC/1EXA5 1100 LOUISIANA STREET HOUSTON, TX. 77002 PO BOX 4324 HOUSTON, TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT: PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR TITLE 149, PART A5 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE: 1,480 PSIG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 2,2D4 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE: 1,865 PSIG (MINIMUM) 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' 3.3 PIPE SPECIFICA11ON: API 5L; GRADE X70/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI /65,000 PSI 3.5 MATERIAL: CARBON STEEL. 3.6 PROCESS OF MANUFACTURE: HFW 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, ABRASION RESISTANT OVERLAY 4.0 CAT1 -FDIC PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT 5.0 CONSTRUCTION ME TH011 5.1 PIP111NE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PI PELINE LLC PIPELINE DESIGN DATA P �• \ — w� w w • w r� = Morris P. Hebert, Inc. C • Yl1CINffRDVC • J OI�N11L 3SRww • FOLD S6RYICBS CaS • O9NE • j LOIMSNNII 70381 • 579 -2731 3108 21L1 IORPORA�E� yen • �� TOfA4 77074 • (7131219 1470 DRAWN BY: SHEET: 14 CHKD. /APPD. BY: AFG SCALE N/A UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: PIP ELINE DESIGN DATA( Vol. Pg.' /__ TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with autho to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: CONSTRUCTION TYPE ® Hi Pressure Underground ❑ Low Pressure Underground 20 inch Diameter 0.5 inc Wall Thickness Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 70 000 osi Maximum Operation Pressure -121 The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said petnft shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol. �_. ��•_ _�__. F acility to Parallel County Road Within Risht -O -Way Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities In compliance with Installation requirements set forth herein r e depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for Injumtirm"e relief exist and that Brazos County Is endued to relief enjoining any conduct by applicant which is contrary to the policies This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discredon of Brazos County, for interests of public health, safety or welfare, or for fallure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as It deems appropriate to compel compliance The County Engineer further retains the night to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or no#fy the County Engineer's ice within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Pipeline LLC Company Name Kyle L. Webste By: Signs Arent & Attorney► -in -Fact _ Title 1100 Louisiana Street Snite 1000 Address Houston Texas 77002 City State Zip (713381 -6390 Phone Number Number kwebster(ateomd.com - Email: 1c)! :. __ LI•2 PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposVo of the utility in the County right of way as shown by accompanying drawings and notice dated / " 2 except as noted below: (Month/DayNear) EXCEPTIONS: Brazos, ,Coun4Engine BRAZOS COUNTY, TEXAS lip zzD Ld SEE SHEET 4 FOR ROACH ROAD CROSSING I (.. ` °� _ • �k' lid Ti SEE SHEET S FOR I r' • SMITH ROAD CROSSING I • 3. \� •' �� / ` .'` ,`• "; SEE SHEET 6 FOR i 1 ALEXANDER ROAD CR _ ti _ • . D ' +�' SEE SHEET 7 FOR I ' STANDING ROCK ROAD CROSSING i Ot, F n- j J % PROPOSED 20' PIPELINE CROSSING I; j� ' ;W 974 #�i L LAT.: N 30'47'13 LONG: W 96'22'18' : ° !f •;4;� :� r •.- n F.Y. HWY 2776 CROSSING _ F ��f \v C LAT. : N 3746'44'(.; Y an F1>1•Y�•• {4` LONG: W 9820'21' IZ I< �.�� _ . V° �'� 'A °� © �' • , fi g: - s• r' _ '•„r `� SEE SHEET 8 FOR • I U f ' 1 g •`•'•.• DILLY SHAW TAP ROAD CROSSING, H ♦ i' 9 ' VICINITY MAP GRAPHIC SCALE 8 0 1500' 3000' 6000' TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE — SEGMENT 3 a BRAZOS COUNTY ROAD CROSSINGS DRAWN BY: JJA SHEET: 1 � w • CHKD. /APPD. BY: AFG SCALE: " , w: nuv w UPDATED BY: DATE: 05/28/12 = Y� = Y' — — Hebert Inc. JOB N0. 11074 -01 = Morris P . DATA BASE: 11074 soRVerp► • aMCnrerxorc • dNiQt Nxw-IL sBRtm_ O P� D s� or_w tJ3 emr iVIR • �A, L1oRP0RATE IIRNE ' Nouw►_tDU�u!at` 7D36 : ;� MPH CAD FILE: VICI NITY(1).DWG n� I VOL / ��„ i3 f S d 8 BRAZOS COUNTY, TEXAS F. HENDERSON SURVEY A-20 II ' 88'21'5' N.1 1179617.94 E-2479269.94 I QI LONG -W98' 9'43' N, PROPOSED 20' PIPELINE S4T PLAN & PROFILE =IV PROPOSED 20" PIPELINE ACROSS DILLY SHAW TAP ROAD LOCATED IN BRAZOS COUNTY, TEXAS DRAWN BY: JJA SHEET: B rc CHKD. /APPD. BY: AFG SCALE AS SHOWN _ �� • UPDATED BY: DATE: 05/29/12 = Morris P. Heber t Inc. DATA BASE: 11074 JOB NO. 11074 -01 C • 6. � SLR/ILTS • FRLD � Al ee . 20 mIP — UK • La�nLA � .� ,� ;�,�; PLAN GRAPHIC SCALE 0 20' 40' 80' *35' t <I � 10' MIN. �— 10' MIN. PROPOSED pIPEIJNE WILL BE INSTALLED BY HORQONUL BORE METHOD. TOTAL LENGTH R/W: t70 FEET SIZE AND PRODUCT: 20' NGL PIPELINE i� 20' PIPELINE TRACT NO: TX -N-00?5MM ' PROFIL \_ HORIZONTAL GRAPHIC SCALE 80' 0 20' 40' 0 10' 20' 40' VERTICAL GRAPHIC SCAL TEXAS EXPRESS P IPELINE LLC I `' d N- 11179570.80 E.2479321.71 UT. .N30'46'24' LONC�W96 / J VOL Pg. PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS DILLY SHAW TAP ROAD LOCATED IN BRAZOS COUNTY, TEXAS DRAWN BY: JJA SHEET: B CHKD. /APPD. BY: AFG SCALE AS SHOWN _ �� • UPDATED BY: DATE: 05/29/12 = Morris P. Heber t Inc. DATA BASE: 11074 JOB NO. 11074 -01 C • 6. � SLR/ILTS • FRLD � Al ee . 20 mIP — UK • La�nLA � .� ,� ;�,�; MPH CAD nLE. TX— BZ- 0025.0001 `' d N- 11179570.80 E.2479321.71 UT. .N30'46'24' LONC�W96 / J VOL Pg. ► G ► 8 1.0 GENERA INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE PRODUCTS OPERATING LLC/TEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON, TX. 77002 PO BOX 4324 HOUSTON, TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT, PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 E d n r N a m 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR TITLE 149, PART A5 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE: 1,480 PSIG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: $204 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE: 1,885 PSIG (MINIMUM) 7 3.0 CA RRIER LINE PIPE = 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' z 3.3 PIPE SPECIFICATION: API 5t,' GRADE X70/X85 & 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 P51/65,000 PSI CL g' 3.5 MATERIAL- CARBON STEEL _E 3.8 PROCESS OF MANUFACTURE: HFW 3.7 EXTERIOR COATING: FUS ON BONDED EPDXY. 'ABRASION RESISTANT OVERLAY 0 4.0 QATHODIC PRO T>=CnO 4.1 RECTIFIER IMPRESSED CURRENT v 5.0 CONSTRUCTION METHOD I I 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS' PIP ELINE LLC PIPELINE DESIGN DATA e o0opw -- •i�� •ice w • °Morris P. Hebert Inc. s 3�l18f�VC • JiIVClIIf6JeRGiG • gNVDtO1VJ� - u SBBY/C&4 • FYBLD S�IRYfCBS • f3 sms P o. 8071 3108 •783 co�DRA1E OPoVE • "00% LOUR W 70381 • 9� 879-27: ,.,.2e. eaeeww • M Im • HOUSIOIL TfXIL4 77074 • 3) 219 -147 DRAWN BY SHEET: 14 CHKD. /APPD. BY: AFG SCALE: N/A UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB N0. 11074 -01 MPH CAD F1L.E: PIPELINE D ESIGN DATA(14).DWG Vol. __ — Pg. ---�= APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline L LC _ [ company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with au th or it y to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Wall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 700 Dsi Maximum Operation Pressure 1 4K4* The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol /_ _. Pg. C2 Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant.agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the instal /anon or does not install udlides in compliance with instagation requirements set forth herein (Le depth, location, etc), Company assumes all jlnencial responsibility for damages and/or destruedon of lines, cables, eta based upon its failure to comply with Brazos Count requirements Applicant agrees that if Brazos County demonstrates a violadon of the terms of this policy, Applicant stipulates that requisites for injunctive re/kf exist and that Brazos County is entitled to relief egloining any conduct by applicant which is contrary to the policies This permit is a revocable permit Brazos Count reserves the right to revoke this permit at any dme, in the sole discretion of Brazos Count. for interests of publie health, safely or welfare, or for failure to repair any damages upon demand, or for any other reason deemed su ident by Brazos Count. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel conlPffance- The Count Englueer further retains the right to revoke this Permit by verbal nodjleadon to the ApplicWWCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionslprovisiont included in this permit. Texas Exoress Pipeline LLC _ Company Name K le L. Webster By: Signature Arent & Attorney -in -Fact Title 1100 Louisiana Street Suite 1000 Address Houston: Texas_ 77002 City State Zip 57131381 -6390 Phone Number kwebst erAeprod.com Email: PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated //� 27" �/Z except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engineer � LAJ `- z E J9 9 � rn BRAZOS COUNTY, TEXAS TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE - SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS DRAWN BY: JJA CKKD./APPD. BY- AFG UPDATED BY: Morris P. Hebert, C . 0 DATA BASE: 11074 C e mu SER ag— M SON 3106 * 283 CMPMUE RM . I wuKA LOUMW = ON-zh3 61 31 MPH CAD FILE 31 ) o] VICINITY cwcwkv • fAlFW AM mm 3) m MrAS 77074 219-1470 5 a z No 9 uj z < SHEET: 2 SCALE: AS SHOWN DATE: 05/28/12 JOB NO, 11074-01 .DWG 7 VICINITY MAP GRAPHIC SCALE Nor o 1500' 3000' 6000' BRAZOS COUNTY, TEXAS F. HENDERSON SURVEY A -20 �L I EXISTING FENCE/ APPROX. R/W EXISTING FENCE/ APPROX. R/W C/L KURTEN CEMETERY RD. O.H. POWER LINE x N- 11176926.01 N-1 I I N- 11176884 E- 2484455.84 .83 E =2484411.55 1 -N31745-56- LAT. - N30'45'57" �LAT. WS LONG- W96 I 4 1 .: • .87''36;20 " 1 I LANG- W9818'44' PROPOSE 20" PIPE LINE I _ r O h d N ° o e m s 1 EXISTING DITCH EXISTING ENETFIN FIELD SERVICES PIPELINE S47" 4'49 'E' — ±60' I S DRNEWY EEB 4x PLAN GRAPHIC SCALE 0 20' 40' 80' EXISTING DITCH ±30' t30' rc � a ar = CL IL o 8 NATURAL NATURAL GROUND GROUND \ 10' MIN. 10' MIN. c PROPOSED PIPELINE WALL BE INSTALLED BY HORIZONTAL BORE METHOD. h TOTAL LENGTH R /W: ±60 FEET SIZE AND PRODUCT: 20" NGL PIPELINE E 4 N0. DATE REV. BY: PROFILE HORIZONTAL GRAPHIC SCALE 80' 0 20' 40' 20' 40' VERTICAL GRAPHIC SCALE PROPOSED 20" PIPELINE TRACT NO: TXHBZ ODSUM e TEXAS EXPRESS PI PELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS KURTEN CEMETERY ROAD LOCATED IN e BRAZOS COUNTY, TEXAS DRAWN BY: JJA SHEET: 9 CHKD. /APPD. BY: AFG SCALE: UPDATED BY: AS SHOWN DATE: 05/29/12 — Morris P. Hebert, Inc pATA BASE. 11074 JOB NO. 11074 -01 s SURYBlA►C • dNCD�BRGIC • BNVDt01V1�1ildL SSRYICBS • FIaLD S6RVIGSS • CIS PO BOx 3106' 283 OORPORAIE ORIYE • NOUYA IAUISUNA 7oset; 879 -2731 NPH CAD FILE: TX— BZ- 0033.00012(9).DWG 3 10101 SOUIFMEST FTffE1W�Y •SUITE 400 • HOUSTON, TEXAS 77074 1 219 -1470 Vol � i�_. P9- U / APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline LL C [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: ., CONSTRUCTION TYPE 20 inch Diameter 0.5 ine Wall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) Pressure) Minimum Yield Strength 70 000 osi Maximum Operation Pressure t d30 osi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained'the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Facility to Parallel County Road Within Right-Of- Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for refetence. In the event Company jails to obtain a permit prior to the installation or does not Install udlides in compliance with installadon requirements set forth herein (Le. depdy location, etc), Company assumes all financial responsibiliq► for damages and/or destruction of lines, cables, eta based upon Its failure to comply with Brazos County requirements Applicant agrees that if Brows County demonstrates a vhrladon of the terms of this policy, Applicant sdpulates that requisites for injunctive relief exist and that Brazos County is enrdded to relief enjoining any conduct by applicant which Is contrary to the policies This permit is a revocable permit Brazos County reserves the night to revoke this permit at any time, In the sole discretion of Brazos Coun{y, for Interests of public health, safety or welfare, or for failure to repair any damages upon demand or for any other reason deemed suffl lent by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such acdon as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applican#Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construdion shag constitutegroundsjorjob shutdown. By signing below, l certify that I am authorized to. er the Company listed below, and that the Company agrees to the conditionsiprovisions included in this permit. Texas Express PiwAne LLC Company Name We L. Webaer By: V L. U Signature Atent & Attorney -in -Fact Title 1100 Louislans Street, Suite 1000 Address Honston, Texas 77002 City State Zip (713) 381 -6390 _ Phone Number kwebsteE@enrod.com Email: --_-------------- 7 PIPELINE UTILITY APPROVAL Brazos County offers no objection to the propo ed oo��at� n of the utility in the County right of way as shown by accompanying drawings and notice dated ?r -�Z except as noted below: (Month/Day/Year) EXCEPTIONS: Z4 A, P E Brazos County Engin , W Z 1L': J T� =I , yy 31 D• �1 Q E 0 i N 6 I e m w I X n 0 BRAZOS COUNTY, TEXAS TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE — 3 BRAZOS COUNTY ROAD CROSSINGS o� f 10101 SO MMM PRMW • RM 400 • HMO=. TE701S 77074 • 13) 219 -1 �, : , w.., ,......�......._._.. VICINITY MAP GRAPHIC SCALE 0 1500' 3000' 6000. DRAWN BY: JJA SHEET: 3 0 �� w CHKD. /APPD. BY: AFG SCALE: AS SHOWN =wr w z C CCw Q UPDATED BY: DATE: 05/26/12 0 = Morris P. Hebert Inc. DATA BASE 11074 JOB N0. 11074 -01 B � �� JrLdZD aRtal'" a 3106 • 2!3 CORPORATE MK • mw% IAUMM 70381 ' VO -2731 I MPH CAD FILE: VICINfTY(3).DWG 10101 SO MMM PRMW • RM 400 • HMO=. TE701S 77074 • 13) 219 -1 �, : , w.., ,......�......._._.. VICINITY MAP GRAPHIC SCALE 0 1500' 3000' 6000. BRAZOS COUNTY, TEXAS -t';a A. LEE SURVEY A -32 d' g 4/ N11 1169257.37 C r / / / E- 25019213.20 E- 2501652.71 ���((( / LAT. — 3(r44* LAT. -N30 44'37' 1JJ 6T9'47 LAT. N30'44'36' LONG- W96'15'29' / LONG —W96' 15'26' PROPOSED 2 PIPELIN _ S69'50'1 3.7E'- =, 1128' / EXISTING FENCE ' ,. ,..• . EXISTING DITCH ° EXISTING DRCH / 44 / ~ C/L OLD RELIANCE RD. gj G 6' �1TEWR SE PIPELINE EXISTING FENCE PLAN GRAPHIC SCALE 40' 80' 164' 164' o � o rc U ~ S NATURAL NATURAL GROUND GROUND \ / \ `\ 7 . /„ �� �\ 10' MIN. PROPOSED 20" 10' MIN. dd N N 8 MCI I� � PROPOSED PIPELINE WILL BE INST HORIZONTAL GRAPHIC SCALE BY HORIZONTAL BORE METHOD. O 20' 40' 80' TOTAL LENGTH R /W: ±128 FEET 0 10' 20' 40' SIZE AND PRODUCT: 20" NGL PIPELINE VERTICAL GRAPHIC SCALE TRACT NO: 7X -M-004a00010 l TEXAS EXPRESS PIPELINE LLC 1 PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS OLD RELIANCE ROAD LOCATED IN BRAZOS COUNTY, TEXAS ° o x H 0 O 3 wry == 0 = Morris P. Hebi C B1V/'.11IBB9IAIC • BM0?AN]Mff,9 SBROfCM • FZ L 10101 SO Mffi .�T FREEWAY • Inc. Ices. r. DRAWN BY: JJA SHEET: 10 CHKD. /APPD. BY: AFG SCALE: AS SHOWN UPDATED BY: DATE: 05/30/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: TX— BZ- 0048.00010(10).DWG E 0 r n m n m d 1.0 GENERAL INFORMATION 1.1 APPLICANT /OWNER: ENTERPRISE PRODUCTS OPERATING LLC/ IEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON. TX. 77002 PO BOX 4324 HOUSTON, TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT: PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 - 0 . "m b' 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR TITLE 149, PART A5 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 931.4 12 DESIGN PRESSURE 1,480 PSIG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 2,204 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE 1,865 PSIG (MINIMUM) 7I 3.0 S I 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' a 3.3 PIPE SPECIFICATION: API 54 GRADE X70/X85 d 6 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI/55,000 PSI 3.5 MATERIAL- CARBON STEEL s c 3.8 PROCESS OF MANUFACTURE HFW El 3.7 EXTERIOR COATING. FUSION BONDED EPDXY, - ABRASION RESISTANT OVERLAY m 8 4.0 CATHODIC PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA n 0 Morris P Hebl C •BNgVJ<BRTNC • BIIIVIRONIm' m 3BRY/L'E'S • n SIM • X83 CORPORATE WE • MUK UNSI Ml URIY W FWSY • SUITE 400 M HOLISIK TOM 7 707 Inc. tt!PQ • 13 DRAWN BY: CHKD. /APPD. BY: AFG SHEET: 14 SCALE: N/A UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: PIPELINE DESIGN DATA(14).DWG APPLICATION FOR PIPELINE UTILITY PERMIT . DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY to: TIE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Rilly Road Length of Crossing Approx. 154 feet TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased x Facility t o parallel County Road Within Right -Of -Way Road Name and Block Number From TO Distance CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Wall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 70.000 nsi Maximum Operation Pressure 1AN nci The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or *vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County•Engineer in construction of said installation attached hereto ,as BRAZOS COUNTY DESIGN STANDARDS . AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company falls to obtain a permit prior to the Installation or does not install utilides in compliance with installation requirements set forth herein (re. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc based upon Its fallure to comply with Brazos County requirements. Applicant agrees that If Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injuncdve relief exist and that Brazos County is endued to relief enjoining any conduct by applicant which is contrary to the polides. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any dine, in the sole discradon of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed suffldent by Brazos Count. In the event Company fails to comply with any or all of the requirements as sin forth herein, the County may take such action as it deems appropriate to compel compliance. 77re Count Engineer further retains the right to revoke this Permit by verbal no#ficadon to the ApplieandCompan,6 Failure to obtain this permit and/or nodfy the_ County Engineer's Offlee within 24 hours of beginning construction shall consdhrte grounds for job shutdown. By signing below, I certify that I on authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Pipeline LLC Company Name K ie L Webster P L U I Si Arent & Attorney -in -Fact Title 1100 Louisiana Street, Suite 1000 Address Houston, Texas 77002 City State Zip (7131331 -6390 Phone Number kwebste Reprod.com Email: o � JAO 4 1 PIPELINE UTILITY APPROVAL Brazos County offers no objection to the pr9pos ocation of the utility in the County right of way as shown by accompanying drawings and notice dated / " V - 7 Z except as noted below: .(Month/Day/Year) EXCEPTIONS: Brazos County Engi r m I uj E 4- i BRAZOS COUNTY, TEXAS TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE - SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS Morris P. Hebert, Inc. G • ZMMMMM • IMMMMMAL MWS • -)PAW AMTS BS • GJ lild _WNWESTMMY • SM 400 • WSW MM 7W4 • c. IV. I.. VICINITY MAP GRAPHIC SCALE - mff- 0 1500' 3000' 6000' BRAZOS COUNTY, TEXAS W. WILSON SURVEY A -243 AND J. WILLIAMS SURVEY A -238 EXISTING Orl"CH APPROX. R/W 0 \ •�. •'��' �+ � EXISTING CULVERT �o y APEX. R/W }' EXISTING N- 11164171.38 23'15'55" DRIVEWAY E- 2514696.41 EXISTING DITCH \ \`\ g \ ` LAT. - N30'43'43" �\ "''•;;.� � W96'13'01' r N =11164225.96 c E- 2514552.90 4 LAT. - N30'43'44" PROPOSED 20" PIPELINE PLAN GRAPHIC SCALE 60' 120' \ s 4 EXISTING I \EVERT RO �• EXISTING DRNE4YAY i / r c IL z m g x I W c NATURAL S v GROUND C° 10' PROPOSED 20" PIPELINE to' m PROFILE rc HORIZONTAL GRAPHIC SCALE 0 3 0' 60' 120' 30' 60' VERTICAL GRAPHIC SCALE PROPOSED PIPELINE WILL BE INSTALLED BY HORIZONTAL BORE METHOD. n TOTAL LENGTH R /W: ±154 FEET c- SIZE AND PRODUCT: 20" NGL PIPELINE TEXAS EXPRESS PIPELINE LLC PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS RILEY ROAD LOCATED IN BRAZOS COU TEXAS 0 o � r � Morris P. Heb1 v 501111r611NC •BIVGOVB =G • RUMNII IWAL SERWM • FL / R0 BWI 3108 ' m Comm''m NINE ' WUVX INS" 7031 3 10101 50111 IMM FREEIWIY' 5101E 400 • HWS W �E N 7707 Inc. rm.. • A, in RIP R. W TRACT NO: TXHM- 008400010 DRAWN BY: JJA CHKD. /APPD. BY: AFG UPDATED BY: SHEET: 11 SCALE: AS SHOWN DATE: 06/01/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: TX -BZ 0064.00010(11).DWG D 0 D NATURAL - gun E n n m n r: N m a n 7 a z 0 rc 1.0 GENERAL INFORMATION 1.1 APPLICANT /OWNER: ENTERPRISE PRODUCTS OPERATING LLC/IEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON, TX. 77002 PO BOX 4324 HOUSTON, TX. 77210 1.2 PIPELINE NAME TEXAS EXPRESS PIPELINE 1.3 PRODUCT: PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 2,0 PIPE INE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR TIRE 149, PART A5 'TRANSPORTATION OF HAZARDOUS UOUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE 1,480 PSIG (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 2,204 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE 1.865 PSG (MINIMUM) 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' 3.3 PIPE SPECIFICATION: API 5L: GRADE X70/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI/65,000 PSI 3.5 MATERIAL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE: HFW 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, 'ABRASION RESISTANT OVERLAY 4.0 CATHODIC PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTA BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA I n Morris P. Hebert Inc. G • ENCflVPERtNC • BNF/RONI�N}IL SEB 3 • F18LD S�'RiIC&4 • a 3101 • 783 CORPORATE WE • HDUMti L SIANA 70361 • 985 679 -213 UrMIW FRIDAY • SME 400 • HOlJSI0N, IDGS 777!4 • 13) 219 -1471 21, E..r APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Texas Express Pipeline LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased Cob Road ApRrox. 73 feet x Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Distance CONSTRUCTION TYPE 20 inch Diameter 0.5 inc Fall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Carbon steel operating pressure) pressure) Minimum Yield Strength 70.000 psi Maximum Operation Pressure 1.480 Fsi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60` day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAU'T'ION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not Install utilities in compliance with installation requirements set forth herein (Le. depth, locat ion, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, eta based upon its failure to comply with Brazos County requirements. Applicant agrees 'that f Brazos County demonstrates a violation of the terms of this pollc,►y Applicant stipulates that requisites for injuncdve relief exist and that Brazos County is entitled to rellef enjoining any conduct by applicant which is contrary to the polieiee. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole dlscredon of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand or for any other reason deemed sufident by Brazos County . In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such acdon as it deems appropriate to compel compliance. The County Engineer further retains the rirgltt to revoke this Permit by vernal notification to the ApplicamlCompany. Failure to obtain this permit and/or notify the County Engineer's ice within 24 hours of beginning construction shall constitute groundsforJob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Texas Express Pipeline LLC Company Name Kyle L.-Webster By. ijb '. Sign tune Agent & Attorney -,in -Fact Title 1100 Louisiana Steet. Suite 100Q Address Houston, Texas 77002 City State Zip (713) 381 -6390 Phone Number kwebsterW,earod.cotn Email: t 1,7 a J PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed kcation of the utility in the County right of way as shown by accompanying drawings and notice dated W Zo /Z except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Enginee ? 36 V,.: elf k E AT in w n N H r W J '1 2I BRAZOS COUNTY, TEXAS �z o v t T.. TEXAS EXPRESS PIPELINE LLC PROPOSED 20" PIPELINE — SEGMENT 3 BRAZOS COUNTY ROAD CROSSINGS J O i 3 wig w w � = Morris P. Hebert Inc. mRww •rarcnrswx • asvnemva w" sexy= • m o ;Imws • cr. PA. BOIL 3108 • 283 CORPORATE WE • HOtNI� LOUIS" 70381 •988 FM --2731 10101 SOU1HKW FREEYA►Y • OM 400 • HOUSfOH, MW 77074 • 3) 218 -1470 DRAWN BY: JJA SHEET: 3 CHKD. /APPD. BY: AFG SCALE: AS SHOWN UPDATED BY: DATE: 05/28/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FlL -' VICINITY(3).DWG VICINITY MAP GRAPHIC SCALE 0' 3000' 6000' BRAZOS COUNTY, T. BELL SURVEY EXISTING FENCE EXISTING DITCH b m / ; I APPROX. R/W N =11162950.07 E- 2517900.11 LAT. - N30'43'31' LONG- W9612 PROPOSED 20PINE S62'29'08 "E'. - ±73' A , ST1N 8_� �BERIS� P� IP ENE CL PLAN GRAPHIC SCALE 40' 80' 0 S m N 0 s a TEXAS A -77 EXISTING DITCH — EXISTING FENCE APPROX. R/W U / A3 5'15" �/ N =11162916.28 E- 2517965.00 • .. • LAT. - N30'43'30' LONG- W96'12'24" I *36.5' *36.5' � c � a o T sI g O U O NA A OUND A \ \ \ 10' MIN. 10' MIN. PROFILE PROPOSED 20" PIPELINE HORIZONTAL GRAPHIC SCALE PROPOSED PIPELINE WILL BE INSTALLED 0 20' 40' 80' BY HORIZONTAL BORE METHOD. IIIIIIIII TOTAL LENGTH R/W: ±73 FEET 0 10' 20' 40' SIZE AND PRODUCT: 20" NGL PIPELINE VERTICAL GRAPHIC SCALE TRACT NO: TX- Z-006QWW l TEXAS EXPRESS PIPELINE LLC J PLAN & PROFILE PROPOSED 20" PIPELINE ACROSS COBB ROAD LOCATED IN BRAZOS COUNTY, TEXAS app /� ■y,,,,//��,,W,�■��� M p��� o or�p� r p/� r ,,,,, i /I,p s ,,�. r P pppp Hebert, 117 I . nc Gl 0 / JYJ[.D�Jl.li "8/1VII.M/Y o INWO.i WAL SIRt2CR = WN P.O. BOX 3106 • 283 CORPORATE DRNE H%Nk LOUI6IAIM 70381 ' 965 879 -2731 10101 SOUMYIW FREEWAY • S10TE 400 HOUTON, TEXAS S 77074 • 13) 216 -1470 DRAWN BY: JJA SHEET: 12 CHKD. /APPD. BY: AFG SCALE: AS SHOWN UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB NO. 11074 -01 MPH CAD FILE: TX— BZ- 0069.00010(12).DWG r E a n a a s v 7 0 S m a n a 3 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE PRODUCTS OPERATING LLC/TEXAS EXPRESS PIPELINE LLC 1100 LOUISIANA STREET HOUSTON, TX. 77002 PO BOX 4324 HOUSTON. TX. 77210 1.2 PIPELINE NAME: TEXAS EXPRESS PIPELINE 1.3 PRODUCT. PRODUCTS Y GRADE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR OCTOBER 2012 -MAY 2013 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT) STANDARD CFR TITLE 149, PART A5 'TRANSPORTATION OF HAZARDOUS LIQUIDS PIPELINE' AND ASME 831.4 2.2 DESIGN PRESSURE: 1,480 P51G (MAXIMUM OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 2,204 PSIG (MAXIMUM) HYDROSTATIC TEST PRESSURE 1,865 PSG (MINIMUM) 916 lm 11110 1 VV W:11 3.1 OUTSIDE DIAMETER: 20.000' 3.2 WALL THICKNESS: 0.317', 0.500' 3.3 PIPE SPECIFICATION: API 54 GRADE X70/X65 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70,000 PSI/85,DO0 PSI 3.5 MATERIAL- CARBON STEEL 3.8 PROCESS OF MANUFACTURE HFW 3.7 EXTERIOR COATING: FUSION BONDED EPDXY, 'ABRASION RESISTANT OVERLAY 4.0 CATHODIC PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL OR CONVENTIONAL BORE TEXAS EXPRESS PIPELINE LLC PIPELINE DESIGN DATA -Morris P. Hebert, Inc. i0RY6YUVG • 17YCC11VFBRQIC 87VYQIONJIBHPlI L SSRi1CR3 • mu SERMS • A PA BOX 3106 ' 283 CORPOP E GRIME • WUMk U UWA 70361 • 879 -273 bT 10101 SMITIU FREEMIMAY • SWE 400 • HOVSID14 TE 71074 • 13) 219 -1471 DRAWN BY: CHKD. /APPD. BY: AFG SHEET: SCALE: 14 N/A UPDATED BY: DATE: 06/04/12 DATA BASE: 11074 JOB NO. 11074 -01 L MPH CAD FILE: PIPEUNE DESIGN DATA(14).DWG BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 4, 2012 SUBJECT: Utility Permit — Verizon Communications Consider and take action on the Verizon Communications utility permit to install service drop within and along the southeast right -of -way of Foster Road for 172' to address #6165. Site is located in Precinct 4. REQUIREMENTS • No work will be permitted between front slope and /or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installations) shall be 1) within 24' of and parallel to the right -of -way line and /or, 2) in the case of a road bore, perpendicular to the right -of -way line • If clearing of brash, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechaical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be placed at least thirty -six (36'� below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: v - V h t Salvato of Way Agent This request is APPROVED BY: 09—/A � i Irma r / DEN IED ❑ by Commissioners' Court Duane Peters, County Judge DATE: —y 7?(A pg._ BRAZOSCOUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822 -2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e -mail - JSalvato@bmzoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. Vn� I.Z. _._ r 3 VERIZON COMMUNICATION Notice of Line Installation Date 11/26/12 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right =of -way of a County Road in Brazos, County, Texas as follows: On Foster Road Verizon proposes a buried drop a minimum of 36 inches three feet from R.O.W. beginning at a pedestal on Foster road proceeding Northeast for 185 feet to the T in road the turning Northeast and placing the buried drop on the Southeast R.O.W. for 172 feet tote driveway of B165 Foster Road. The location and description of this line and associated appurtenances is ` more fully shown by one copy of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizorr Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5413/ 3POAODB which is scheduled for 1.2/3/2012 if you have any questions concerning this work, please contact Ricky Lancaster at our office in Bryan, telephone 979 -821 -4761 within 15 days so that we may explain or modify our proposal, otherwise, it is understood that this proposal is approved. VERIZON COMMUNICATIONS Bryan Main/ 9POAODB Va c B ends Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX' 77803 i NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now VERIZON SOUTHWEST [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Verizon plans to install service drop within and along the southeast right -of -way of Foster Road from the intersection of private road, northeast for approximately 172' to service customer located at #6165. Drop will be placed 36" from right -of -way line and at a minimum of 36" in depth. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 5 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionstprovisions included in this notification. VOr; C Company Name By: Title Address Phone Number ` �-� r � � ~ � � Email: rc >i City of Bryan Map Output Pave Page 1 of 1 S�` • i r 5947 � � � 1'c.l off' IC • �� . L vCA T/ o PJ `• : sn+ eemsrmmwrilmmsfdrmlY ,NO•Qm(•4eY'1 N�t•mC�11no. c ' aa:m aw ,n�572q� Copyright 2003 - 2012 aYY y City of Bryan GIS ' P.O.BOX 1000 Br TX 7780 ArcIMS DISCLAMR : This is a product of the City of Bryan GIS Department. The data depicted hen have been developed with extensive cooperation from other-city departments, as well as other federal• state and local govemmeot agencies. The City of Bryan expressly disclaims tesponsibility for damages or liability that may arise from the use of this map. PROPRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with a licensing m ag,aent. Grry or B RYAN Tim rAWN? Lit;-. 7,.Wj r Srtite.' /0I_ P9• http: / /ims.bryant x.g ov /ais /serviet/com.esri.e §rimap. Esrimap? ServiceName= PEGIONAL_OVERVIE W &Clien.:. 11/2612012 oof � 11 I 0 3� C N - f �O 2�. PLACE BURIED DROP A MINIMUM 'DF 36 INCHES IN DEPTH' \\ PLACE' OROP 3 FEET FROM RAW. NO c: \dgn\8220 \di11.27.upd 11/26/201211:49:00 AM ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Alo✓ewag ZG, ANA except as noted below: (Month/Day /Year) EXCEPTIONS: Brazo ounty Engineer �V i BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I . Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch :trade) Soecial Req uirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. e, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 10.1 -10.3 On this the 4th day of December 2012 at a regular meeting ofthe Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4th day of December 2012 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of December 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes i tug BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 10.1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 10.2 191d/9A17 ACC - _�_ Me General Fund Contingency and Court Annex Reallocation of funds to cover CPS fo r aced: rd 2_?z n pi ewe re BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 10.3 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 04, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Clerk Montalbano, Patsy Transfer From Another Dept. County Court at Law 2 Rose, Sharon Merit Scott, Bradley Merit Sustayta, Kara Merit Expo Conner, Tiffany New Hire IT Dee, Melissa New Hire Justice of the Peace Pct. 2 -1 Perez, Delilah Transfer from Another Dept. S.O. Jail Skoworn, Sheri Resignation Tax Office Bevers, Thomas Merit Davenport, Cathy Eimann, Denise French, Connie Golson, Patricia Guerrero, Jesse Hoelscher, Kori Lucero, Jessica Miller, Ronnie Merit Merit Merit Transfer from Another Dept. Merit Merit Step Increase Merit Moncivais, Cindy Step Increase Moore Tommie Merit 4 Nichols, Linda Merit Rivera - Palma, Vanesa Merit Rodriguez, Maria Merit Schuetze, Kathy Merit Taylor, Reta Merit Westbrook, Beatrice Merit White, Regina Merit Approved in Commissioners' Court: December 04, 201 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) I 3 �/ Brazos County Purchasing Department Monthly Update November 2012 Number of PO's Processed: 280 Requisitions Completed: 21 Capital Payments: 16 Projects In Progress Construction Courthouse: Phase III - 1 Floor o Security and surveillance currently underway - Elevator #4 still progressing - Elevator #3 renovation to start 1/20/12 Bids/ RFP's/ RFQ's RFQ for MPO RFQ for Tax Office Architect Poly Jute Inmate Telephone Services Janitorial and Cleaning Supplies Collection of Fines and Fees Cold Mix Limestone Renewals Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom Tree Removal Service - Contract I/P - Awarded -Dept. reviewing specs - Awarded - Permission to Advertise to Court 12/4 - Committee Evaluating Proposals - Advertising 10/3 & 10/10 -Court Approved 7/24 - Solicitation in progress -Trees are for scheduled removal 1s week of December 3391 Other Auction - Purchasing is accepting surplus items from Departments Purchasing Policy - Reviewing and revising policy Assets - Period 11 is complete Print Management - Results received and reviewed by IT. After reviewing it has been decided to get analysis from other Companies to get a better idea of cost. 90 Day analysis has started. Roof Replacement - Working on proposal to write specifications Appliance Policy - Versions in progress for Court review - Currently under review by Auditor's office Radios for Bailiffs - Currently working on scope ACKNOWLEDGED Duane Peters Date County Judge