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2013-11-19 10:00AM-REGULAR MEETING
r R➢ BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA r._ f L - I!::: ; -- 2013 NOV 15 P 2. 04 gnamd.fja C xN �_✓ t0�1'ti'I { �',fls "r �CI.E�,$ n � BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 19, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena. 2. Call for Citizen input and/or concerns. Consider and take action on agenda Items 3 - 40: 3 a 13-015 to taln and acquire the legal counsel and the orofeaslonal legal services of the law firm of Blckerstaff Heath Delgado Acosta LLP of Austin, Texas. 4. Reappol ntment of the following Fire Commissioners for Brazos County Emergencv Sery ices Dlstrlct� • V. Jtustln Irick • b. Lloyd Scasto 5. Donation of 40 wooden picnic tables valued at $3,300.00 and 3 Metal ticket bulldings valued at $,,500,00 from the Brazos Valley Fair to Brazos County 6. Reauest to Iran ter 11yo generators from the Brazos Coy my Emeraencv Shelter Inventory to Leon County Em raencv Management 7. 8, Approval for SheriMS Office to Issue county diner club credit cards In the amount of $1,09100 00 each for travel purposes to the following employees: • a. Steven White Vol. i yo Pg. /G O • b. W. James Stewart 9. Approval of Job Description for Temp Building Attendant (Class Code 0819 Position 4) at the Brazos Center. 10. Payment Authorization to A Clean Sweep in the amount of $1200.00 for cleaning of dryer vents at Jail; purchase order was closed orior to invoice. 11. Approval of Amendment #1 to the Contract between Brazos County and American Cadastre LLC (dba AMCAD. 12. Service Agreement with Convergentz for building automation system scheduled maintenance 13. First Amended Reimbursement Agreement between City of Bryan and Brazos County Economic Development Foundation Brazos County, and the City of Bryan. Texas. 14. Approval of the Rapid Financial Solutions "Prepaid Debit Inmate Release Program Agent Agreement" 15. Approval of maintenance contract with Dahil for (16) sixteen County owned copiers. 16. Approval of maintenance contract with Texas Document Solutions for (3) three County owned copiers 17. Permission to advertise bid # 2014 -11 Stall Shavings and Pellets. 18. Requisition #00045209 to CDW Government in the amount of $187.79 for JP 2.1 to purchase a monitor using JP Technology Funds. 19. Requisition #00045245 to Wasteguipin the amount of $6,358.00 for the purchase of four Hoppers for the Exposition Complex. 20. Capital requisition #00045247 to Myers Tire Supply in the amount of $1,018.00 for Road & Bridge to purchase a tire breaker. 21. Capital requisition #00045248 to Napa Auto Parts in the amount of $1,089.00 for Road & Bridge to purchase a transmission lack. 22. Capital requisition #00045249 to Hart Intercivic in the amount of $166,452.00 for the County Clerk to purchase 52 eslates. 23. Capital requisition #00045251 to Applied Concepts in the amount of $3.165.00 for Constable Pct. 1 to purchase a radar system. 24. Award of bid contract # 2014 -01 Seal Coat to F. N. Ploch Construction Company, Inc. 25. 26. 27. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under North Dowling Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. 28. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Rock 29. 30. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Barnwood Vol. 0 Pg. /L/ Drive This proiect will help provide water services to additional customers in the area. Site is located in Precinct 4. 31. 32. 33. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road at the FM 60 intersection This proiect will help provide water services to additional customers in the area. Site is located in Precinct 4. 34. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Mumford 35. Tax Refund Applications for the following: • a. Barbara Kiett - overpayment- $18.46 • b. Kenneth & Debby Arnold - overpayment- $200.68 • c. Le Kv & Thuy T. Cao- overpayment- $22.38 • d. Doreen Fink - overpaVment- $13.18 • e. Kelley D. Caldwell McKethan- overpaVment- $10.95 • L University Title Co: overpayment- $18.35 • a. DaisV Espinoza - overpayment- $21.74 • h. Clayton Homes - overpayment -$9.28 • L Five Nine Seven Limited Partnership-overpayment-$19.10 • L Matthew Chachere - overpayment- $26.00 • k. Douglas Fowler - overpayment- $299.35 36. Budget Amendments. a. Budget Amendments FY 12/13 56.1 - 56.2 b. Budget Amendments FY 13/14 7.1 thru 7.12 37. Personnel Change of Status. Personnel Action Forms 38. Payment of Claims. 39. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. 40. Consider and possible action on the Executive Session. 41. Acknowledgement of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reportina to Katie Conner, County Auditor. 42, Acknowledgement of the Brazos County Emergency Service District 2 Independent Accountants' Report on Agreed Upon Procedures for year ending September 30, 2012. 43. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for year ending September 30, 2012. 44. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for years endina September 30 2010 2009 & 2008. 45. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report Vol. and Financial Statements for years endina September 30, 2007 & 2006. 46. Sheriff's report on inmate population. 47. Announcement of interest items and possible future agenda topics. 48. Call for Citizen input and /or concerns. 49. Adjourn. 'ol Pg. vi 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 Court's 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 Court's 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 property 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 parking 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. /_9a Pg. / f �G.. VA BRAZOS COUNTY BRYANJEXAS MINUTES November 19, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LO Signature Paae.pdf ID File Stamped Aaenda.pdf 11 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, November 19, 2013 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, Absent. 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 Commissioner Catalena. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 40: 3. Order 13 -015 to retain and acquire the legal counsel and the professional legal services of the law firm of Bickerstaff Heath Delgado Acosta LLP of Austin, Texas. ID Item 3.odf The Court adopted as submitted Order 13 -015 to retain and acquire the legal counsel and professional legal services of the law firm of Bickerstaff, Heath, Delgado, Acosta LLP of Austin, Texas. A copy of the Order is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Reappointment of the following Fire Commissioners for Brazos County Emergency Services District; term of each appointment is 1/1/2014 through 12/31/2015: D Item 4.odf • a. Justin Irick • b. Lloyd Scasta Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Donation of 40 wooden picnic tables valued at $3,300.00 and 3 Metal ticket buildings valued at $4,500.00 from the Brazos Valley Fair to Brazos County D Item 5 Ddf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 6. Request to transfer two generators from the Brazos County Emergency Shelter Inventory to Leon County Emergency Management. L'7 Item 6.0f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 7. Approval of Non - Profit Organization Application for Brazos County Inmate Work Crew Labor is needed for the Radio M'A'S'H organization. The request includes setting up tents on December 3 and break down December 9, 2013. 10 Item 7.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 8. Approval for Sheriff's Office to issue county diner club credit cards in the amount of $1,000.00 each, for travel purposes to the following employees: !:D Item 8.odf • a. Steven White • b. W. James Stewart Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Wassermann . L01_ 1:9,0 Pg. / �L 9. Approval of Job Description for Temp. Building Attendant (Class Code 0819 Position 4) at the Brazos Center. ED Item 9. f A copy of the job description 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. 10. Payment Authorization to A Clean Sweep in the amount of $1200.00 for cleaning of dryer vents at Jail; purchase order was closed prior to invoice. Mb Item 10.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. 11. Approval of Amendment #1 to the Contract between Brazos County and American Cadastre, LLC (dba AMCAD). ED Item 11.odf The motion included changing the date on the agreement to January 31, 2014. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 12. Service Agreement with Convergentz for building automation system scheduled maintenance. 0 Item 12.odf Convergentz is the only authorized Trane Tracer System installer and service provider in the area. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 13. First Amended Reimbursement Agreement between City of Bryan and Brazos County Economic Development Foundation, Brazos County, and the City of Bryan, Texas. 0 Item 13.odf A copy of the agreement is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann. 14. Approval of the Rapid Financial Solutions "Prepaid Debit Inmate Release Program Agent Agreement'. 0 Item 14.odf The Court approved as submitted an Agreement with Rapid Financial Solutions for the "Prepaid Debit Inmate Release Program Agent Agreement' for the reimbursement of funds due to an inmate upon his release. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. i�9� Pg. ��'7 Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Approval of maintenance contract with Dahil for (16) sixteen County owned copiers. 121 Item 15.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 16. Approval of maintenance contract with Texas Document Solutions for (3) three County owned copiers. D 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. Permission to advertise bid # 2014 -11 Stall Shavings and Pellets. ID Item 17.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 18. Requisition #00045209 to CDW Government in the amount of $187.79 for JP 2.1 to purchase a monitor using JP Technology Funds. 19 Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Requisition #00045245 to Wastequipin the amount of $6,358.00 for the purchase of four Hoppers for the Exposition Complex. 19 Item 19.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . 20. Capital requisition #00045247 to Myers Tire Supply in the amount of $1,018.00 for Road & Bridge to purchase a tire breaker. D Item 20.01 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 21. Capital requisition #00045248 to Napa Auto Parts in the amount of $1,089.00 for Road & Bridge to purchase a transmission jack. Lt Item 21.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 22. Capital requisition #00045249 to Hart Intercivic in the amount of $166,452.00 for the County Clerk to purchase 52 eslates. 10 Item 22.odf Vol. �/ �� pg. /Ck Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann. 23. Capital requisition #00045251 to Applied Concepts in the amount of $3,165.00 for Constable Pct. 1 to purchase a radar system. 0 Item 23.Ddf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 24. Award of bid contract # 2014 -01 Seal Coat to F. N. Ploch Construction Company, Inc. 19 Item 24.Ddf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 25. Consider and take action on the Minor Plat of Saddle Creek Subdivision Phase 3, Block 6, Lot 128R, 2.555 Acres Being a Replat of Saddle Creek Subdivision Phase 3, Block 6, Lot 128, 1.261 Acres (Called) and Phase 6, Block 6, Lot 129, 1.30 Acres (Called); (recorded Vol. 9311, Page 252 and Vol. 11640, Pg. 98 /Official Records of Brazos County) James C. Stuteville League, A -216, College Station (ETJ), Brazos County, Texas. Site is located in Precinct 1. ED Item 25.Ddf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 26. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Hopes Creek Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. 0 Item 26.Ddf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard Peters, Wassermann . 27. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under North Dowling Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. W Item 27.Dd f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Rock Prairie Road. This project will help provide water services to additional VOI. /�d Pg, customers in the area. Site is located in Precinct 1. 19 Item 28.Ddf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 29. Consider and take action on Payment Authorization to Verizon in the amount of $263.96 for damage claim dated July 2, 2012. Both parties have agreed to settle claim in which telephone cable was cut during construction of drainage ditch along Merka Road. Site is located in Precinct 2. W Item 29 Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 30. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Barnwood Drive. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. 11t Item 30.0f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 31. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road approximately 100' south of Turkey Creek. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. 0 Item 31.Ddf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 32. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road approximately 1,900' north of Turkey Creek. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. Pl Item 32. pd Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann . 33. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road at the FM 60 intersection. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. it Item 33.Ddf Vol. pg. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 34. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Mumford Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. 19 Item 34.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters . Wassermann . 35. Tax Refund Applications for the following: D Item 35.odf • a. Barbara Kieft - overpayment - $18.46 • b. Kenneth & Debby Arnold- overpayment - $200.68 • c. Le Ky & Thuy T. Cao- overpayment - $22.38 • d. Doreen Fink - overpayment - $13.18 • e. Kelley D. Caldwell McKethan- overpayment - $10.95 • f. University Title Co.- overpayment - $18.35 • g. Daisy Espinoza- overpayment - $21.74 • h. Clayton Homes - overpayment -$9.28 • i. Five Nine Seven Limited Partnership- overpayment - $19.10 • j. Matthew Chachere- overpayment - $26.00 • k. Douglas Fowler- overpayment - $299.35 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 36. Budget Amendments. a. Budget Amendments FY 12/13 56.1 - 56.2 0 Item 36.odt a. Budget Amendments FY 12/13 56.1 - 56.2 56.1 Reallocate funds for General Capital Improvement 56.2 Correct revenue accounts for Primary Election Services b. Budget Amendments FY 13/14 7.1 thru 7.12 7.1 Transfer funds from General Fund Contingency to Expo, Elections and Extension Service 7.2 Set up funds for JAG Grant 7.3 Reallocate funds for Brazos Center 7.4 Reallocate funds for IT Services and IT Department 7.5 Reallocate funds for IT Services 7.6 Reallocate funds for Capital Projects 7.7 Reallocate funds for Capital Projects FVO. � l�0 pg, / %/ 7.8 Reallocate funds for Capital Projects 7.9 Reallocate funds for Capital Projects 7.10 Reallocate funds for Capital Projects 7.11 To book the Texas Capital Fund - Mikulin Road Grant 7.12 Reallocate funds for EDF- Mikulin Road Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 37. Personnel Change of Status. Personnel Action Forms 19 Item 37,Ddf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 38. Payment of Claims. 19 Item 38.Ddf 7116168 through 7116444 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 39. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 41 through 48 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:23 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Katie Conner, Auditor Irene Jett, Budget Officer 40. Consider and possible action on the Executive Session. At 11:02 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 41. Acknowledgement of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting to Katie Conner, County Auditor. Vol. / d 0 Item 41.odf The Court acknowledged the Government Finance Officers Association's Certificate of for Excellence in Financial Reporting to Katie Conner, County Auditor. 42. Acknowledgement of the Brazos County Emergency Service District 2 Independent Accountants' Report on Agreed Upon Procedures for year ending September 30, 2012. 0 Item 42.odf The Court acknowledged receipt the Brazos County Emergency Service District 2 Independent Accountants' Report on Agreed Upon Procedures for year ending September 30, 2012. 43. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for year ending September 30, 2012. LID Item 43.odf The Court acknowledged receipt the Brazos County Emergency Service District 3 Independent Aditor's Report and Financial Statements for year ending September 30, 2012. 44. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for years ending September 30, 2010, 2009, & 2008. ffi Item 44.odf The Court acknowledged receipt the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for year ending September 30, 2012. 45. Acknowledgement of the Brazos County Emergency Service District 3 Independent Auditors' Report and Financial Statements for years ending September 30, 2007 & 2006. 0 Item 45.odf The Court acknowledged receipt the Brazos County Emergency Service District 3 Independent Accountants' Report and Financial Statements for year ending September 30, 2010, 2009 & 2008. 46. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 577 inmates in jail, 49 have electronic monitors and 17 are pending for monitors. 47. Announcement of interest items and possible future agenda topics. There were no announcements. 48. Call for Citizen input and /or concerns. Commissioner Mallard stated that Bill Jeanes, Risk Manager was working on a driving program. TAC is training our employees on driving safety. 49. Adjourn. Fd Pg. / %J The foregoing minutes of the Commissioners Court meeting held November 19, 2013 have been examined and are approved in open Court this 1t/ day of 2013, in Bryan, Brazos County, Texas. Q4ti/- GtJC,44&j- ana'� Duane Peters Lloyd Wfissermarm County Judge _1i � VJ/ Commissioner, Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol / 90 Page / �P� Commissioner, Precinct 1 Kenny Mallard ` Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on PAGE % of a- Vo7--io - pg. � %✓`� Name COMMISSIONERS COURT MEETING 17 (-Z /0 -,) Ct_y` Organization /Department J) S� �c L,l .�1 ' Eft FOE I I L% g', - &r � &. a Vol - / %0 pg. 11,P6 3 BickerstaH Heath Delgado Acosta LLP 3i I I N. M111'ac fizpftm%VP 6aM1119 Our. 836:11M1 Austin. Texas N411 (512(4784YC1 Jas (S1t) 32414 8 nwwtbirkrr%Mff.imn November 12, 2013 Hon. Duane Peters County Judge Brazos County, Texas Brazos County Courthouse 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 VIA E -MAIL AND FEDERAL EXPRESS Re: Proposal for Legal Services Engagement -- SB 1747 Project Dear Judge Peters: Thank you for considering our firm to represent Brazos County ( "County ") regarding a proposed SB 1747 project. As requested, the following documents are enclosed: a proposed Commissioners Court order, with the Exhibit A Engagement Agreement Letter attached, submitted in duplicate for the County's consideration. SB 1747 Project Overview As the Court members are aware, SB 1747 revises the Texas Transportation Code to create a funding opportunity for Texas counties to obtain grant money from TXDOT for the repair of public roads, bridges, and culverts damaged by the exploration, development, or production of oil or gas. A special appropriation of $225 million was established by the Legislature to serve as the pool of state funds available for counties under the TXDOT grant program. The following statutory framework exists for the TXDOT grant funding program under SB 1747: (1) To be eligible, a county first must create a county energy transportation reinvestment zone ( "CETRZ ") and appoint a special advisory board to help the Commissioner Court administer the CETRZ and grant funding activities. (2) If grant funds are awarded, a 20% county match is required -- a 10% match is required if the county is determined by TXDOT to be economically disadvantaged. (3) A county must prove through its grant application to TXDOT the following elements to be successful under the SB 1747 framework: • Proper creation and administration of the CETRZ and advisory board; and • the credible evidence to support a county's position regarding the: (a) damage caused to the roads, bridges, or culverts by oil or gas traffic, as identified in the county's prioritized project list attached to the grant application; and (b) the reasonable costs necessary to repair the damage. (4) Importantly, copies of the statutory road reports filed by a county which detail the cause of the damage must be attached to the grant application. (5) The grant fund pool (actually only $224.5 million due to a portion of the appropriation funds being allowed to be used by TXDOT for the administration of the program) will be distributed among the eligible, applicant counties pursuant to the following ratio formula: • 20% according to weight tolerance permits -- determined by the ratio of weight tolerance permits issued in a county for the preceding state fiscal year to the total number of weight tolerance permits issued by the counties in the applicant pool for that year; • 20% according to oil or gas production taxes — determined by the ratio of oil/gas production taxes collected by the comptroller in the preceding state fiscal year in a county to the total amount of oil or gas production taxes collected by the counties in the applicant pool for that year; • 50% according to well completions -- determined by the ratio of well completions in the preceding state fiscal year in a county to the total number of well completions by the counties in the applicant pool for that year; and • 10% according to volume of oil or gas waste injection -- determined by the ratio of the volume of oil or gas waste injected in the preceding state fiscal year in a county to the total volume of waste injection by the counties in the applicant pool for that year. (6) A county must dedicate part of the captured appraised value of the real property in the CETRZ to transportation infrastructure projects in the zone pursuant to a specified formula. Special audit and financial reporting obligations will apply to zone administration and grant fund awards. IVol. /9D pg. /%u (7) Risk exists that a county may not receive all or any grant funds requested from TXDOT under the SB 1747 grant program. Summary of Proposed Letal Services Proposed engagement documents are enclosed for the County's review. We propose a cap fee agreement regarding the SB 1747 project based on your estimate of the size and scope of the project. This type of fee agreement gives the County some certainty regarding anticipated legal fees for the project. Please note the following regarding our proposal: (1) Scope of Work — The scope of our work will include: (a) consultation to identify (i) desired transportation infrastructure projects, (ii) area designation for a county energy transportation reinvestment zone ( "Zone "), (iii) creation and operation of the required advisory board, (iv) grant fund application, award, audit, accounting, and review issues, and (v) evidence to support the County's application for grant funding; (b) the creation of the Zone and advisory board through public meeting and hearing action, and public notice procedure; and (c) timely submission of the, County's application for grant funding under SB 1747 and the applicable administrative regulations -- but limited to a single grant application unless otherwise agreed by the parties. (2) Excluded Matters — The scope of our work will not include the following unless otherwise agreed by the parties: (a) litigation; (b) firm appearances at meetings of or at TXDOT, the Texas Transportation Commission, or other administrative agency; (c) preparation and submission of more than one County application for grant funding; and (d) the firm's engagement or payment responsibility for expert consultation or review, including but not limited to engineering, surveying, appraisal, or other technical experts desired by the County for the project. (3) Rates Charged -- For the services identified within the scope of work, the rates charged to the County by the firm would be as follows: (a) $275.00 per hour for attorneys; (b) $185.00 per hour for specialists and paralegals, including GIS services and mapping provided by the firm if desired by the County for the project; and (c) reimbursable costs incurred by the firm would be paid by the County pursuant to our Standard Terms of Engagement attached to the proposed engagement letter. (4) No Retainer -- No retainer is required. (5) Billing Procedure and Cost Payment -- The County would be billed at the rates specified in item (3) above for all professional services provided and 3 /96 / 7 9 reimbursable costs incurred by the firm. These billing and cost procedures are described in the Standard Terms of Engagement. (6) Cap Fee Agreement — We propose a cap fee agreement. Depending on the number and complexity of the transportation infrastructure projects identified by the County for its application to TXDOT, we estimate the total work to complete the project will be between 50 and 100 service hours. Our fees, however, shall be capped at the total amount of $27,500.00 (excluding cost reimbursement) should additional services within the scope of work be required to complete the project. (7) Request for Other Services -- Should other services (i.e., services not described in the scope of work) be requested by the County for the project, those services would be charged at the following rates: (a) $275.00 per hour for attorneys; (b) $185.00 per hour for specialists and paralegals, including GIS services and mapping provided by the firm if desired by the County for the Project; and (c) payment by the County of all reimbursable costs described in the Standard Terms of Engagement. I will appear at a Commissioners Court meeting to discuss this matter and answer questions. Thank you for your consideration of our law firm to represent the County's interests regarding a proposed SB 1747 project. Sin erely, Charles R. Kimbrough Enclosures 4 Vol. / O pg.--/ 4D ORDER NO. WHEREAS, Brazos County, Texas ( "County "), by and through its Commissioners Court and pursuant to all relevant authority, desires to retain and acquire legal counsel and the professional legal services of the law firm of Bickerstaff Heath Delgado Acosta LLP of Austin, Texas ( "Law Firm ") due to the experience and competence of said Law Firm in the representation of Texas counties for many years in a wide variety of practice areas important to the County's interests, operations, and business affairs; and WHEREAS, the County desires to retain and acquire legal counsel from said Law Firm in the form of analysis, consultation, advice, and representation regarding the specific legal matter described in the engagement agreement between the parties, said agreement being attached and incorporated by reference as Exhibit A ( "Engagement Agreement "); now therefore BE IT RESOLVED AND ORDERED by the Commissioners Court of Brazos County, Texas ( "Commissioners Court "), for and in behalf of the County and in the public interest, as follows: (1) It is necessary, proper, and advisable for the County and its Commissioners Court to be represented by the following law firm regarding the aforesaid legal matter due to the legitimate and principal interests of the County and the public as herein described: Bickerstaff Heath Delgado Acosta LLP of Austin, Texas. (2) Said Law Firm is hereby retained by the Commissioners Court in behalf of the County, and is formally engaged and hired to provide legal counsel and related professional and personal services regarding the aforesaid legal matter, pursuant to and described in the Engagement Agreement hereby authorized and executed between the parties and attached as Exhibit A. (3) Singular nouns and pronouns shall include the plural, and the masculine gender shall include the feminine gender, where necessary for a correct interpretation of this order. (4) This order shall take effect immediately from and after its passage. (5) All preliminary recitals of this order and all attached documents are true, correct, and incorporated by reference. (6) All prior acts of the County, including its elected officials, appointed officials, officers, employees, agents, attorneys and representatives are hereby ratified, confirmed, and approved regarding the aforesaid legal matter and all related matters. J (7) This order was considered, ordered, passed, adopted, and approved at a meeting held in compliance with Chapter 551 of the Texas Government Code, the Texas Open Meetings Act. (8) The Commissioners Court hereby grants an exemption regarding the aforesaid Engagement Agreement from the competitive bidding and procurement requirements of section 262.023 of the Texas Local Government Code, pursuant to and in accordance with section 262.024 of the Texas Local Government Code and other authority, in view of the professional and personal services to be rendered by said Law Firm to the County and its Commissioners Court regarding the aforesaid legal matter and Engagement Agreement. CONSIDERED, ORDERED, PASSED, ADOPTED, AND APPROVED on the `µ'flay of NQVe,fflVX 2013. SIGNED on the J'Jday of -N byem ber 2013. O COURT OF BRAZ COUNTY,TE S County Judge Brazos County,T'exas _ �C k Gcr� -ititA, ._ County mmissioner, Precinct 1 Cofety Co ionej Brazos County, Texas Brazos Courity.jeXas County Commis ' er, Precin 3 aunry Commisuctnei Brazos County, Texas Brazos County, Texas ATTES� Countyy Clerk Brazos County, Texas 1 Vul. d Pg. / 8,2- EXHIBIT A Ifo Pg. L Bickerstaff Heath Delgado Acosta LLP 1711 K Ata1'ac ExIm% mat' 1101ding(Ne. Nafte a :1oslinJvms N746 (513) 47:•9(_1 Fnz(4131,MIMN November 12, 2013 Hon. Duane Peters County Judge Brazos County, Texas Brazos County Courthouse 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 VIA E -MAIL AND FEDERAL EXPRESS Re: Legal Services Dear Judge Peters: x1S1%ACkfa 4;11? mat Thank you for considering our firm to again represent Brazos County ( "County"). We appreciate your confidence in us and will do our best to continue to merit it. The purpose of this letter, together with the enclosed "Standard Terms of Engagement." is to set out our understanding with respect to the specific terms of the proposed relationship. Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions. This letter, together with the Standard Terms of Engagement, constitutes our agreement with the County and under which our services will be provided if the agreement is approved by the Commissioners Court. Identity of Client We will be representing the interests of the County, including its Commissioners Court. Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters, this relationship is limited to providing analysis, consultation, advice, and representation regarding the following matter ( "Project "): a Project conducted by the County pursuant to Senate Bill 1747 ( "SB 1747 "), enacted by the Texas Legislature in 2013 and incorporated by reference, for the request of grant funding from the Texas Department of Transportation ( "TXDOT") to the County for transportation infrastructure projects as defined by SB 1747, for the planning, construction, reconstruction, and maintenance of public roads, bridges, and culverts in the County, said Project being Vol Pg.IN intended to alleviate the degradation caused by the exploration, development, or production of oil or gas to transportation infrastructure, and including the lease or rental of equipment used for road maintenance. By approving this agreement, the County acknowledges that the Project involves risk. The preparation and timely submission of the County's application to TXDOT for grant funding for the Project may not be successful. Risk exists that the County's request for grant funding will not be granted by TXDOT in full, in part, or at all. Supervision and Delegation I will be the partner of the firm who will coordinate and supervise the services we perform regarding the Project on your behalf. We routinely delegate selected responsibilities to other persons in our firm when, because of special expertise, time availability or other reasons, they are in abetter position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outline the scope of work and the financial terms of our agreement regarding the Project, as follows: (1) Scope of Work —The scope of work will include: (a) consultation to identify (i) desired transportation infrastructure projects, (ii) area designation for a county energy transportation reinvestment zone ( "Zone "), (iii) creation and operation of the required advisory board, (iv) grant fund application, award, audit, accounting, and review issues, and (v) evidence to support the County's application for grant funding; (b) the creation of the Zone and advisory board through public meeting and hearing action, and public notice procedure; and (c) timely submission of the County's application for grant funding under SB 1747 and the applicable administrative regulations -- but limited to a single grant application unless otherwise agreed by the parties. (2) Excluded Matters -- The scope of work will not include the following unless otherwise agreed by the parties: (a) litigation; (b) firm appearances at meetings of or at TXDOT, the Texas Transportation Commission, or other administrative agency; (c) preparation and submission of more than one County application for grant funding; and (d) the firm's engagement or payment responsibility for expert consultation or review, including but not limited to engineering, surveying, appraisal, or other technical experts desired by the County for the Project. 2 VOL / ;&D Pcg. / �`/ (3) Rates Charged — For the services identified within the scope of work, the rates charged to the County by the firm will be as follows: (a) $275.00 per hour for attorneys; (b) $185.00 per hour for specialists and paralegals, including GIS services and mapping provided by the firm if desired by the County for the Project; and (c) reimbursable costs incurred by the firm shall be paid by the County pursuant to the Standard Terms of Engagement. (4) No Retainer — No retainer will be required. (5) Billing Procedure and Cost Payment — Pursuant to the Standard Terms of Engagement, the County shall be billed at the rates specified in item (3) above for all professional services provided and reimbursable costs incurred by the firm. (6) Cap Fee Agreement -- This is a Cap Fee Agreement. Depending on the number and complexity of the transportation infrastructure projects identified by the County for its application to TXDOT, we estimate the total work to complete the Project will be between 50 and 100 service hours. Our fees, however, shall be capped at the total amount of $27,500.00 (excluding cost reimbursement) should additional services within the scope of work be required to complete the Project. (7) Request for Other Services — Should other services (i.e., services not described in the scope of work) be requested by the County for the Project, those services shall be charged at the following rates: (a) $275.00 per hour for attorneys; (b) $185.00 per hour for specialists and paralegals, including GIS services and mapping provided by the firm if desired by the County for the Project; and (c) payment by the County of all reimbursable costs described in the Standard Terms of Engagement. If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it and reach a full understanding. Acceptance of Terms If this engagement is approved by the Commissioners Court, please sign the enclosed duplicate originals of this letter, and return one original to me. We appreciate the opportunity to be of service again to the County and look forward to working with you in a mutually beneficial relationship. Sincerely, Charles R. Kimbrough 3 IV U1. AGREED, ACCEPTED AND APPROVED: THE Cdm'kSSIONEI &COURT OF BRAZOS COUNTY, TEXAS BY: Duane Pet2fs, Counfy J dge Brazos County, Texas Date: N ()VtMbef IC ,2013 4/94 Ng. l8% I STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates from time to time, increasing them as the individuals gain experience and expertise and to reflect current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $550 and $225 per hour; the billing rates for associates and staff attorneys are between $450 and $250 per hour; the billing rates for paralegals and specialists are between $200 and $150 per hour, the billing rate for law clerks is $60 per hour, and the billing rate for case clerks is $50 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out -of- pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a description of the most common expenses. Billing Procedures and Terms of Payment F/0 Our billing period begins on the 16'h of the month and ends on the 15i° of the following month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the statement. Each statement is payable within 30 days of its stated date and must be paid in U.S. Dollars. If any statement is not paid within 30 days after its stated date, interest at the rate of 1 '/z percent per month (18 percent per annum) will accrue on the balance due. However, if at any time 18 percent per annum exceeds the highest interest rate permitted by applicable law, then the interest rate that will be applied to any overdue amounts will be reduced to the maximum rate permitted under applicable law. If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney- client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference. 7. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated. 6 i Vol. / 9D pg. l i 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Howard County, Texas, United States of America. 9. Ouestion s If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions. We want to proceed in our work for you with a clear and satisfactory understanding about every aspect of our billing and payment policies; and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP The firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage are not charged; however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick -up and delivery ofdocuments to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in -house service will not exceed the charge that would be made by an outside service in a similar situation. Postage Conies Our postal equipment calculates exact U.S. postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence; however, the cost of large - volume mail, certified mail, or other additional mail services will be charged to the client. Our standard rate for black and white copies made by firm personnel is $0.15 per copy. Color copies are charged at a standard rate of $0.55 per copy. These charges cover paper, equipment costs, and other supplies. If savings can be realized within the required time Vol. / % Pg. U frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. Computerized Research Fax Travel If case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on -line data charges. The per minute fees for on -line connect time are charged to the client at the rate charged to the firm, plus applicable taxes and surcharges imposed by governmental entities. Fax copies will be charged at the rate of $.25 per page. Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hotel, meal, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client - approved activities. 8 Description: Ll0 Brazos County, Texas Commissioners Court Acceptance of Donated Property oca Estimated Value: $ ) Qcn �j Expo 33GU•op wso( .o0 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs, C emral Fund 100 �� VMv iAon 3b C00100 Authorize ignature IRc�t 4 ern 300o f3r� SV�teo��o l -Y, c6y)plck Department L118 v� ccepted [ ] Rejected County J ' ^° — Commissioner, Pct. 1 Commis ner, Pct. FORM 312-BC �- -- 5 Brazos County Office of the Sheriff Request for Work Crew Assignment The Brazos County Office of the Sheriff has reviewed the application for assignment of a work crew. Id The type of labor and task requested is appropriate for work crew assignment. It is hereby requested that this application be placed on the agenda for the Brazos County Commissioners Court consideration of approval. ❑ The type of labor and task requested is not appropriate for work crew assignment. It is hereby requested that this application not be placed on the agenda for the Brazos County Commissioners Court consideration of approval. Signalure --L— I isle_ jJ ,4 kd- -!�DF(_V—A'F_ -0ale _ 1 (' 111 —1-? The Brazos County Commissioners Court has received the recommendation from the Brazos County Office of the Sheriff and has dotermined that the above non- profit organization provides a public service to the county or to a political subdivision located in whole or in part in tile, county. ]'his approval for work crew assignment is valid effective from the date approver) below Ihro gh Ip)et�rl.,e, (tuber 3131 of the calendar year. pro d by Conuniss' a rs Coin) on:__ _. Dale _. 9d pg. %3 7 Brazos County Commissioners Court Approval for Work Crew Assignment The Brazos County Commissioners Court has received the recommendation from the Brazos County Office of the Sheriff and has dotermined that the above non- profit organization provides a public service to the county or to a political subdivision located in whole or in part in tile, county. ]'his approval for work crew assignment is valid effective from the date approver) below Ihro gh Ip)et�rl.,e, (tuber 3131 of the calendar year. pro d by Conuniss' a rs Coin) on:__ _. Dale _. 9d pg. %3 7 ORGANIZATION -Non-Profit Organization Application for Brazos County Inmate Work Crew Labor Radio M*A*S*H STATE ZIP P.O. Box 3069 Brvan,TX 77805 Chris Kiske 979-776-1240 979-776-0123 Melissa Hering _ I certify that the above named organization is a nonprofit organization that qualifies for a tax exemption tinder Section 601(s). Internal revenue Code of 1986, as an organization described by Section 501 (c)(3) of that code, and is organized as a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1398-1.01 at seq., Vernon's Texas Civil Statutes. _CEO §A_GNATUR[,._.__ DATE Please provide a description of the type of work that will be assigned and equipment that will be used. Ito 1,v,I (171 10-.,J, Pg._ 15W "Note" The allocation of a work crew to provide labor for your organization is subject to availability. ia,1,0 1171 :111,0, Pq i 0 1 ' �'�}., Brazos County 1'/� Job Description �_ �' Last Updated: September 2012 i Class Number: 819 Title: ' -- Department: rtrrre. �FLSA Status: _ ` Non Exam Exempt �. - .. Report's-To; ........r Approved Date: _ .. 100/01/2013 — _.1. —._ _ EEO C Category: I I Temporary Position End I 09/30!2014 I Employee Date: Signature: This is a tempora book, overseeing their requests. J- lb nrLw TMWW ll"WW 1 7 01152 019 Building Event Worker Brazos Center — Director and Event_ Coordinator Servloe /Maintenance grounds, and must most the customer's expectagone as for as courtesy and prompt response to Cleaning the restroom noom wee wat mops ano coslnrectant one vacuuming mns or eta oegmning or each amn. Restock the paper towels, hard soap and toilet paper. Cleaning the floors with wet mops for spills and food. Dust mop the concourse, assemby rooms and hallways regularly to remove excess dirt. Autoscrub assembly room goon before setting up the tables and chairs. Empty all trash containers at the end of the event/evening. Before the event seek out the person in charge and Introduce yourself and tell them whom you can be found throughout the event Make sure sound levels are appropriate for each group. During events you should be visible and available. Check restrooms every SO minutes. Lock rooms that are not being used. Lock office when you are not in it and leave it locked at the and of the night. Check the areas the caterer or bartender use for cleanliness before they leave. When an event is coming to an end you are to be present in the room. Before leaving for the night, check all rent rooms, clean and restock as needed, vacuum male in front of doors and In reatrooms. Turn off all interior lights, in the building. Store equipment and supplies appropriately. . Make sure all exterior doors are looked. Close overhead door completely. V scum office every evening. priorities are, Safety, Customer Service, Rules enforcement and Cleangesss I _ . .. .......... ------ ----- ..._..-- -- -'-' ---- Vol. Given: This Ic a non- supervleory pMRlon. — _----- .._....,...._._.. -- –._._. .. -... Education .._........ _........ .._.. -- Requlred: _. High School graduation orb equivalent. Preferred: succeasfi dy, an Individual muss below are representative of the .. PrererrBtl: i Certi(icetas, Ucenaes, R giatre�ns Required: None Preferred: � � rn wn:or wuranuo S.__ _ Typical: I The physical demands described here are epresenbt va of Uraea thin must be met by an ampbyee to successfully perform the essential functions of thlsjob. i Reasonable exommodatlans may be made to enable individuals with disabRties to perform the essential functions. While performing the duties of this job, the employee Is regularly required to sit ; use hand Winger handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee hequently is required to stand and walk, The employee must frequently lift and/or move objects weighing up to 50 Dounds, such as tables and table carts. Specific vision abilities required for this job include close NNOn, distance vsion, and the ability to adjuat focus. OwIBdgB, $fd119, 8 — AbUltles _ - - - -- -- - - -- — T kal: my - -._. _ .. – - -- - - - -- -- -- -- yp Ab1 to know oral end written instruetbns; abi9ty to learn to vee janhorlel equipment and supplbs; ebllRy b be couteoua to the public and coworkers. Must be In good physical condition to perform strenuous work and heavy lifting; must be ralleble and ebb to make goad decisions. Ths work environment cherecleF,&j described here are representative of those en employee encounters while performing the essential function$ of this job. Reasonable accommodations maybe made to enable Individuals with disabilAles to perform the essential functions. The noise level in the work environment is usually moderate, The employee is constantly required to work closely with others as a part of a team to perform muRiple tasks simufaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. RO f Duane Peters County Judge Vol. / �_ Pg. 17,7 AMENDMENT #1 TO CONTRACT BETWEEN BRAZOS COUNTY, TEXAS AND AMERICAN CADASTRE, LLC (dba AMCAD) This AMENDMENT, effective as of November 19, 2013, is made by and between American Cadastre, LLC (dba AMCAD ®) ( "AMCAD ") and Brazos County Texas ( "County "). WHEREAS, pursuant to Article XXXIV, Section 34.01, County desires to amend the Contract Agreement for the Contract executed on November 22, 2011 in response to the County's RFP for a Comprehensive Integrated Justice Information Management System. WHEREAS, County desires to amend the Contract Agreement to include within the scope of work additional services and is in negotiations. WHEREAS, County desires to extend the Contract Agreement's date of termination to avoid termination of the Contract Agreement for the purpose of implementing County's desired RMS. The Parties hereby agree to amend the Contract Agreement by replacing the Current Language with the Amended Language, as follows: 1. Article III, Section 3.01, Clause 1 a. Current Language: "This Agreement shall commence on the execution date of the last signatory Party to the Agreement (the "Effective Date") and shall terminate twenty-four months (24) after the Effective Date." b. Amended Language: "This agreement shall commence on the execution date of the last signatory Party to the Agreement, (the "Effective Date") and shall terminate on January 31, 2014.° COUNTY OF BRAZOS A Political Subdivision, Stat o exa By: - Duane Peters, County Judge ATTEST: Karen McQueen, Brazos County Clerk AMERICAN CADASTRE, LLC a Virginia Limited Llabillty Company G By: � ✓ Ed Berkowitz, Executive Vice President and CFO Vol. / d pg•_' Lo _ CO XRGENTZTM Making Buildings Smarter SERVICE AGREEMENT BUILDING AUTOMATION SYSTEM SCHEDULED MAINTENANCE Brazos County 206 K Washington Ave Bryan, TX 77803 August 12, 2013 Ve i. _. /7(/ Pg Authorized Warranty Service 0 rte• I2 Section CONVERGENTZ MAINTENANCE AGREEMENT Index to Documents Page No. Cover.................................................................. ............................... n/a Index.................................................................... ............................... I Agreement............................. ............................... I EquipmentList ...................................................... ............................... 2 Paymentterms ...................................................... ............................... 3 Terms and conditions ........................................... ..............................4 & 5 Work Scopes BAS .................................................................. ............................... 6&7 INITIALS Index -I- OPS Vol. CONVERGENT? MAINTENANCE AGREEMENT Agreement BUILDING AUTOMATION SYSTEM (BAS) SCHEDULED MAINTENANCE Convergentz will provide complete maintenance services for the equipment listed in section "B" below, Equipment Covered. All work will be performed during normal working hours unless otherwise indicated in the Terms and Conditions section of this agreement. To accomplish the proper maintenance on the listed equipment, Convergentz will utilize factory- trained technicians. The tasks outlined in the maintenance schedules will be performed in accordance with the guidelines set forth by the equipment manufacturers. Agreement performance shall be completed and submitted to the owner or representative after each inspection. Recommendations, if any, will be listed and should be considered to reduce overall operating costs and/or improve equipment performance. Operating instruction will be provided on applicable equipment during schedule inspections. If your system is not Web based, you must maintain a dedicated analog phone line to the BCU with the modem. Per this agreement, the customer authorizes Convergentz to dial into the site at any time while the contract is active. If your system is Web based and enabled, we must have VPN or Web access to your system under this contract. A. Scope of Services Provided ® BAS SCHEDULED MAINTENANCE (B -PM) This agreement is for Scheduled Maintenance services to be provided for the building automation control system referenced herein as identified under "Equipment Covered" below. Scheduled Maintenance coverage provides for annual and scheduled maintenance inspections on the equipment identified in this agreement. The Scheduled Maintenance program includes site registration and 4 onsite inspections per year. Copy of database and graphics will be archived on a server at Convergentz. Telephone support will be available from 7:30 AM to 4:00 PM, Monday through Friday, and time for support will be billed at the prevailing preferred contract billing rate. Agreement - 1 - INITIALS OPS Vol. 111"d _ Pg._ 4'1 CONVERGENTZ MAINTENANCE AGREEMENT Equipment List Admin Tag Description Qty. BCU BCU - Buildin Control Unit 1 MPS801581 MP580/581 - Multi-Purpose Programmable Controller 6 VAV W551 - VAV Board, Actuator & Flow Sensor 22 ZN517 ZN517 - Co - mm5 Unitary Controller 4 ZN520/521 ZN520/521 -Zone Controller 1 Court House Detention Center Tag Description Qty. BCU BCU - Building Control Unit 1 [Ta MP503 MP503 - In ut/Out ut Module 2 MP580/581 MP580/581 - Multi-Purpose Programmable Controller 14 VAV W551 - VAV Board Actuator & Flow Sensor 43 ZN520/521 ZN520/521 - Zone Controller 1 Detention Center Tag Description City. BCU BCU - Building Control. Unit 1 MP580/581 MP5801581 - Multi-Purpose Programmable Controller 4 Juvenile Detention Center Taq Description City. BCU BCU - Building Control Unit 1 TCM TCM - Thermostat Control Module 1 VOY Voyager Communication 19 Special Instructions Inspections to be performed on all four sites from central PC. A list of Issues discovered will be given to the customer for them to address or they may contract us at contract T &M rates to address on a follow up visit. Equipment List — 2 - INITIALS OPS Vol.—/ 9e9 Pg. z� C.UNVMK tN IL MAINTENANCE AGREEMENT Payment Terms 1. The term of this agreement Is for One year. The total price for this agreement is payable in Twelve (12) monthly payments of $446.50, net thirty (30) days from invoice date. Authority is hereby given to furnish additional labor or materials that may be required for items not covered under this agreement. (Not to exceed $500.00 per service call without customer approval). 2. The agreement shall become effective upon the date of acceptance by the purchaser or by the seller, whichever is the latter and shall remain in effect for term of contract from such date and shall be deemed to be automatically renewed thereafter for continuous consecutive yearly periods unless this agreement be otherwise terminated or changed by either parties as permitted under the general conditions. 3. All work and services covered by the Agreement will be done during normal working hours between 7:30 AM and 4:00 PM, Monday through Friday, except for legal holidays. Emergency service and repairs are available on 24 hours per day, seven days per week and will be invoiced separately at the preferential service agreement rates. 4. Taxes have not been included in this quote and will be billed extra when applicable. IN WITNESS THEREOF, T EPA IES HERETO HAVE EXECUTED THIS AGREEMENT: Submitted by: J s uron, Solutions Engineer nCcDconvergentz .com / Cell - 713.252.8065 Cbbvergontz 10555 Westpark CUSTOMER ACC By: Title: Company: Acceptance Date: N1,n+1A A tc�c� �N � 0 - toLLY- h/ let (f3 Start Date: Billing Information (Please indicate where to send Invoices and a contact name) Company: Attention (Name): Title: Address: City, State, Zip: Special Invoice Instructions? ' P9, a a3 Payment Terms - 3 - INITIALS OPS Terms and Conditions - 4 - INITIALS OPS V01. CONVERGEM MAINTENANCE AGREEMENT Terms and Conditions GENERAL: c) Repairs for damages due to acts of God, This Service Agreement, together with all documents including but not limited to fire, floods, wind contained herein, shall constitute the entire damage, freezing, wars, vandalism, strikes, Agreement between Convergentz, hereafter referred force of nature. to as "The Company" and customer and may not be d) Any loss consisting of, caused by, modified, amended, without the express written contributed to, or aggravated by rust, mold, consent of an officer of The Company. mildew, fungus, wet or dry rot and any resulting loss is always excluded under this Customer acknowledges the complexity and contract, however caused . expense of any air conditioning and refrigeration e) Repairs for damages due to corrosion, equipment as well as the need for specially trained erosion, and deterioration, including but not and qualified personnel to service and /or repair such limited to corrosion relating to equipment equipment. Therefore, to reduce the risk of damage, installation in corrosive (marine, industrial) the customer agrees not to contract any other environments, regardless of equipment age. service company to perform service on the f) Any responsibility for the identification, equipment covered by a Select Service Agreement detection, or removal /abatement of asbestos without the expressed written permission of The related materials. Company. g) Repairs for damages due to misuse, abuse, negligence, misapplication or other causes PAYMENT: beyond the company's control. Service agreements are billed in advance and h) Items not mechanically maintainable such payment Is due within 30 days of invoice date. If as casings, cabinets, and supports. Non - payments are past due, the company reserves the standard modifications or enclosures such right to suspend all services and coverage's under as explosion - proofing, theft - proofing, etc. this agreement. The Company may cancel this may require additional labor for maintenance agreement for delinquency and in the event and repairs, to be billed at the company's collection action is taken, the company reserves the prevailing preferred customer service rates. right to add a surcharge of 11/2 % of the principal per i) Unless specifically listed, all devices not an month. Should legal action be required to enforce integral part of the equipment including but payment for monies due from the customer, the not limited to any component upstream of customer agrees to pay reasonable attorney's fees unit's starter such as conductors, and court costs. transformers, fuses, disconnects, circuit breakers, flow switches, fire/ smoke COVERAGE: detectors, building automationAemperalure The Company shall provide the services described control systems, high - voltage starters and /or in this Agreement with respect to the listed switchgear.etc. Equipment with reasonable promptness in a j) Unless specifically listed, all control devices workmanlike manner in accordance with industry not an integral part of the equipment standards generally applicable in the area. The including but not limited to flow switches, Company may at its discretion either replace or smoke and fire stats, building automation repair faulty equipment. systems, etc, or any damage done by these devices. EXCLUSIONS: k) Repairs or replacement of combustion Unless specifically noted otherwise in the agreement, the chambers, burners, heat exchangers, flues, following items are not covered: chimneys, ductwork, dampers, Insulation, steam lines, water lines, gas lines, a) Any repairs or service covered by condensate lines, evaporator and condenser mechanical insurance. heat transfer surfaces. b) Any and all special alterations or provisions I) Repairs for damages caused by the electric necessary to facilitate access to service or utility service. repair of unit, including, but not limited to, m) Modifications or alterations of existing special rigging and /or rental equipment if equipment due to requirements of required. governmental, regulatory, or insurance agencies Terms and Conditions - 4 - INITIALS OPS V01. CONVERGENTZ MAINTENANCE AGREEMENT Terms and Conditions LIMITED LIABILITY: CANCELLATION: Either party may cancel during The Company shall not under any circumstances be the contract period by giving the other party 30 day liable for personal injury, breakage, loss or damage written notice sent by certified mall. Customer to the equipment or property unless such loss or agrees to pay The Company the greater of the damage is caused solely by the negligent acts of amount of the contract balance due to date of omission or commission by The Company's effective cancellation or the cost for all work employees or subcontractors performed to date of cancellation billable at current Published Time & Material non - contract rates, not to Neither party to this agreement shall hold the other responsible for any consequential damages such as, but not limited to, loss of revenue or loss of any use of equipment. INDEMNIFICATION: Both parties shall indemnify, defend, and hold each other harmless from any and all claims, actions, costs, damages, and liabilities resulting from death or bodily injury or damage to property of the other or other persons, unless such losses result from the sole negligence or misconduct of their respective employees or agents In connection with their duties pursuant to this agreement. CONDITIONS: The customer will provide timely and reasonable means of access to all equipment covered by this agreement and will allow the company the right to start and stop all primary equipment incidental to the mechanical system as necessary to perform its duties. Failure to do so by customer may result in loss of coverage. This agreement assumes that the equipment listed has been properly maintained and is in operating condition at the time of acceptance of this offer. Following the first inspection, The Company shall report to the customer any deficiencies or repairs necessary to the equipment. If such repairs are not done, The Company reserves the right to adjust the coverage accordingly. The agreement shall commence on the start date Indicated by both parties and shall remain in effect for term of agreement and shall be deemed continuously renewed yearly unless either party gives written notice of termination as defined below. exceed the balance of the annual contract amount. SUCCESSORS: This Contract and each provision of it shall operate to the benefit of the parties and to their respective successors in Interest, legal representatives and assigns. SEVERABILITY: Should any of the qualifications, terms or conditions set forth heretofore and hereafter, be contrary to, prohibited by, or be held invalid under applicable laws or court of law having jurisdiction, in that event, such provisions shall be considered inapplicable and omitted, but shall not invalidate any remaining provisions. GOVERNING LAWS: This shall be construed as an agreement in accordance with the laws of the State of Texas. Texas State licenses TACLA009290C. Regulated by the Texas Department of Licensing and Registration, P.O. Box 12157, Austin, TX 78711, 1 -800 -803 -9202 Terms and Conditions - 5 - Vol. _ �/� p9 S I INITIALS OPS CONVERGENTZ MAINTENANCE AGREEMENT BAS Scope This schedule describes the basic Scheduled maintenance procedures that will be performed by CONVERGENTZ. These procedures comply with all EPA regulations regarding maintenance and repair of air conditioning /heating equipment and systems. SCHEDULED MAINTENANCE ® Tracer Summit Software Review: The Tracer Summit Workstation evaluation is designed to allow the Convergentz technician to regularly backup the Tracer Summit database to hard drive and disk ensuring proper database management. Time of day scheduling, dates and time settings etc. will also be checked. The database sync between the BCU panels) and Summit workstation(s) will be checked for proper synchronization. The event log will be checked and reviewed with the operator and non - critical information will be cleared out. • Verify time-of-day scheduling with operator if applicable. • Cycle power and verify proper system restart, check system date, time and hardware status. • Clear out the event log. • Clear out expired exception schedules in the time- of-day scheduling for each schedule. • Perform system database back -up on hard drive and copy to customer supplied USB drive for customer records. • Check database sync of workstation and BCU panel(s). • Update database to latest service pack as recommended by the manufacturer. • Review software for operator overrides and confirm necessity with operator. • Review trends and make recommendations to operator to enhance the reports to help the operator to gather more history on the site. • Review graphics and help identify areas of expansion or areas in need of enhancement. • Review the site reports with the operator to identify areas that require attention. ® Chilled Water /Condenser Water System Review: In order to assure effective environmental conditioning while minimizing the cost to operate the equipment, Convergentz Technicians will review operating sequences and practices for the chiller plant. An initial survey of current equipment operating parameters will be conducted during the cooling season for the chilled water plant. This survey will include: • Chiller(s) performance status versus sequence of operations • Cooling tower(s) performance status versus sequence of operations • Pump(s) performance status versus sequence of operations • Evaluation of operating parameters and recommendations for energy savings 0 Airside System Review: In order to assure effective environmental conditioning while minimizing the cost to operate the equipment, Convergentz technicians will review operating sequences and practices for covered airside systems. An initial survey of current system operating parameters will be conducted during the appropriate operating season. This survey will include: • Time schedule(s) versus sequence of operations • Reset schedule(s) versus sequence of operations • Setpoints versus sequence of operations • Energy Management routines versus sequence of operations • Evaluation of operating parameters and recommendations for energy savings BAS Scope - 6 - INITIALS oPs P9. °2 6G i CONVERGENTZ MAINTENANCE AGREEMENT BAS Scope ® Building Control Unit(s) (BCU) Evaluation: The Building Control Unit evaluation allows the Convergentz technician to check out all aspects of operation of the BCU. Volatile and non - volatile memory capacities will be checked. The wiring trunks of all communication devices listed on the riser diagram will be checked for any errors or communication problems. This evaluation will include: • Check LED Indications to verify proper operation of BCU transmit/receive activity • Check wiring trunks of all communication devices listed on riser diagrams for error codes • Check database sync of BCU panel(s) and workstation • Check and record volatile memory available (confirm not less than 15 %) • Check and record non - volatile memory available (confirm not less than 15 %) • Check and record processor idle time • Verify communications with all devices listed on riser diagrams ® AHU, Zone and Multi-Purpose Controller(s) Evaluation: The multi- purpose controller evaluation Is designed to allow the Convergentz technician to perform a comprehensive analysis of the unit level controller. Input/output and communication status will be checked and critical control points associated with the specific controller will be reviewed. Abnormal operating conditions will be identified and corrective measures will be established as directed by the building operator. • Review input/output list for abnormal operating conditions and establish corrective actions if required. • Verify that equipment is being controlled at the appropriate value /control setpoint. • Check communications status. • Verify sequence of operation per original design. • Verify that temperature- sensing devices are operating within acceptable limits. ® Variable Air Volume (VAV) Box Evaluation: The VAV box evaluation is designed to allow the Convergentz technician to perform a comprehensive analysis of the unit level controller. Input/output and communication status will be checked and critical control points associated with the specific controller will be reviewed. Abnormal operation conditions will be identified and corrective measures will be established as directed by the building operator. • Verify that equipment is being controlled at the appropriate value /control setpoint. • Review all UCM diagnostics and Identify areas of concern and establish corrective action plan. • Check communications status of controller. • Verify that temperature- sensing devices are operating within acceptable limits. • Verify damper position, flow and temperature sensing devices correspond to the flow and temperature setpoints. BAS Scope - 7 - INITIALS OPS Vol. / % pg..___a?6% CONVERGENTZ" Making Buildings Smarter a Hutson Group company Date: September 11, 2013 To: Brazos County 206 North Washington Bryan, TX. 77803 Attn: Ernest Stutts Re: Proprietary Sole Source Letter Dear Mr, Stutts: _r :r v 4 41- Convergentz is the only authorized and qualified Trans Tracer System installer and service provider in the Houston area. Our territory coverage ranges from Galveston to East Texas up to College Station. Our preventive maintenance inspection program complies with the manufacturer's recommendations regarding maintenance of air conditioning/ heating equipment controllers, multi - purpose controllers and systems. Should you have any questions or require additional information, please do not hesitate to contact our office or myself. Convergentz - General Manager 10555 Westpark,Houston, TX 77042 Ph: 713-267-57901 Fax 713 -267 -5791 kyl041YKt7a11xr-V fKaltt.g 11YU all t7V/ 179 9 This First Amended Reimbursement Agreement ( "Agreement ") is entered into on this the _ day of , 2013, by and between the City of Bryan Brazos County Economic Development Foundation, Inc. ( "Foundation ") a Texas Transportation Code local government corporation and the City of Bryan, Texas ("City") a Texas home -rule municipality, and Brazos County ("County ") a political subdivision of the State of Texas. WHEREAS, the Foundation owns property in the extraterritorial jurisdiction of the City which is part of the Texas Triangle Park and Inland Port "Park ", and industrial park that is being established as part of an economic development program benefitting the City and the surrounding community; and WHEREAS, the City has been cooperating with the Foundation in the construction, or facilitation of construction, of infrastructure that will service the park, including but not limited to rail, water, electrical, gas, and sewer service; and WHEREAS, as a part of the financing arrangement for the beginning of the Park, the City agreed to provide $1,000,000.00 in matching funds as part of a U.S. Economic Development Administration grant, which will provide an additional $1,500,000.00 for the construction of the rail spur and a water line and the cost of the rail spur has exceeded the available grant and matching funds; and WHEREAS, the Foundation has sold property within the Park to Gunler, Inc. for the construction of a food -oil bottling and paper processing plant, and the Foundation agreed to provide Gunler with sewer service, driveway access to State Highway 6, access to a rail spur, and access to natural gas; and WHEREAS, the Foundation is in the process of selling property within the Park to Axis Pipe and Tube, Inc. ( "Axis ") for the construction of a manufacturing plant that constructs galvanized steel piping for energy products, and the Foundation has entered into an Economic Development Agreement to provide $7,150,000.00 in Development Credits for construction of certain infrastructure projects but the funds from the sale of the property will not cover that obligation and the Foundation would like the City to contribute up to $1,200,000.00 in exchange for reimbursement at a future date; and WHEREAS, the Foundation does not have sufficient revenue from current land sales to meet the above obligations and the City is willing to cover the costs in the interim in exchange for an agreement to reimburse the City as funds become available; and WHEREAS, on December 13, 2012 the Foundation and the City entered into the first Agreement for Reimbursement covering some of the above costs and the panics desire to amend the agreement to add new costs and revise the conditions for repayment; and Vol. D p9 7�49 WHEREAS, the Texas Constitution prohibits any City, or other political subdivision, from lending its credit or granting public money to any individual, association or corporation whatsoever without a valid public purpose for doing so; and WHEREAS, the Texas Constitution specifically states that economic development programs created pursuant to Chapter 380 of the Texas Local Government Code serve the public purpose of alleviating poverty, joblessness, economic blight, and provide other intangible benefits incidental to the development of the local economy; and WHEREAS, the City Council has adopted a resolution creating a Chapter 380 program to enable the City to enter into this agreement, and the City Council determines that it is in the best interests of the citizens of Bryan to facilitate the continued growth and expansion of the Texas Triangle Park; and NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: I. The City hereby agrees to continue to finance and direct the construction of the sewer line extension to serve the Gunler tract. The estimated cost of construction is $173,740.00 based on actual invoices from the contractor. 2. The City hereby agrees to continue to finance and direct the construction of the rail spur serving the Park. This includes the $246,215.51 difference between the bid price for cost of construction and the available grant /match funds. This amount will be amended to reflect actual invoiced costs from the contractor. 3. The City hereby agrees to continue to finance and direct the construction of the two driveways providing the Gunler tract with access to Texas State Highway 6 (feeder road). This includes a not to exceed amount of $49,000.00 which will be amended to reflect actual invoiced costs from the contractor. 4. The City hereby agrees to continue to work with Atmos Energy pursuant to their agreement to provide natural gas service to the Park, and specifically to the Gunler tract, in exchange for reimbursement of the $305,256.00 cost to Atmos Energy. 5. The City hereby agrees to contribute up to $1,200,000.00 to the Foundation as Development Credits (as that term is defined in the Economic Development Agreement between the Foundation and Axis). This amount will be amended to reflect actual amounts required to cover the difference between demands for Development Credits and funds available from the Foundation. The Foundation agrees that it will not request funds from the City under this section until it has exhausted revenue from other sources. 6. The Foundation agrees to reimburse the City for the above enumerated costs, as amended if applicable. The Foundation further agrees that the above enumerated costs will be built into the model for determining the sales price for the land. When revenue becomes available, the City may request reimbursement as outlined below. With regards to availability of revenue, the Foundation agrees to reimburse the City and/or County in order of priority based on the age of the obligation being reimbursed. The age of the obligation is based on the date that the City or County expended the funds that are being reimbursed. [Vol _ 9D Pg. L 7. The City agrees to request payment by submitting sufficient documentation, as reasonably determined by the Foundation, of the actual costs associated with the construction and payment for same. Documentation includes excerpts of relevant portions of contracts, change orders, invoices, etc. g. The parties agree that when two- thirds of the overall property in Texas Triangle Park has been sold (more specifically 610.75 acres out of the 916.13 acres in the Wheeler and Diebel tracts) the obligations under this agreement must be repaid by the Foundation within ninety (90) days following approval of the Foundation's next fiscal year's budget. If the Foundation does not have sufficient funds to repay the obligations, then during the creation of the Foundation's budget for the subsequent year, the Foundation will request that the City and the County each contribute funds equal to their one -half of the outstanding obligations of the Foundation under this Agreement. 9. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terns and substance as possible to the deleted provision. 10. Texas law to annlY. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 11. Sole Agreement. This Agreement repeals and replaces the original agreement entered into between the parties on December 13, 2012. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject [natter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 12. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 13. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 14. No Waiver. A party's failure to take action to enforce this Agreement in the event of the other party's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent the non - breaching party from taking action to enforce this Agreement on subsequent occasions. 15. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. CITY OF BRYAN: ZOS COUNTY: Jason P. Bienski, Mayor Duane Peters, County Judge Attest: Approved as to Form: Mary Lynne Stratta, City Secretary Bill Bullard, County .Attorney Approved as to form: Janis K. Hampton, City Attorney FOUNDATION Jason P. Bienski, President Vol. %_ P9. �/� ACTION FORM BRYAN CITY COUNCIL DATE OF COUNCIL MEETING: November 12, 2013 DATE SUBMITTED: October 25, 2013 I DEPARTMENT OF ORIGIN: Eco E SUBMITTED BY: Kevin Russell MEETINGTYPE: CLASSIFICATION: ORDINANCE: STRATEGIC INITIATIVE: Cl BCD ❑ PUBLIC HEARING ❑ 1ST READING ❑ PUBLIC SAFETY ❑ SPECIAL ❑ CONSENT ❑ 2ND READING ❑ SERVICE ® REGULAR ® STATUTORY ® ECONOMIC DEVELOP. ❑ WORKSHOP ❑ REGULAR ® INFRASTRUCTURE ❑ QUALITY OF LIFE AGENDA ITEM DESCRIPTION: Consider approving a first amended reimbursement agreement between the City of Bryan Brazos County Economic Development Foundation, Inc. (BBCEDF) and the City of Bryan. SUMMARY STATEMENT: This proposed agreement is an amendment to the original reimbursement agreement that more clearly identifies all expenses incurred by the City on the BBCEDF's behalf, outlining the plan to incorporate those expenses in the sale price for future prospects, and identifying a trigger for when the City must he reimbursed. The City is agreeing to contribute funds for certain infrastructure project% to enable the Texas Triangle Park to achieve a "development ready" status. These infrastructure projects include: I. construction of a sewer line extension at a cost of up to $173,740.00, based on actual invoices from the contractor; 2. construction of the rail spur serving the Park, limited to the estimated $246,215.51 difference between the bid price for cost of construction and the available grant match funds; 3. construction of the two driveways providing the Gunter tract with access to Texas State Highway 6 (feeder road); not to exceed $49,000.00, which will he amended to reflect actual invoiced costs from the contractor; 4. agreement with Atmos Energy to provide natural gas service to the Park; 5305,256.00; 5. contribute up to $1,200,000.00 to the Foundation as Development Credits (as that term is defined in the Economic Development Agreement between the Foundation and Axis). The BBCEDF is agreeing to engage an engineering firm to calculate the price per square foot that future land must be sold in order to ensure that the past and future expenses of the BBCEDF are paid off. The BBCEDF is further agreeing that when the City incurs expenses (i.e. makes payments) on its behalf, the City can submit invoices along with a request for reimbursement. Obligations of the BBCEDF will be paid in the order in which they are incurred, so an order of priority is established based on the age of the obligation. The City will be paid back as funds are available, however, when two - thirds of the property in Texas Triangle Park has been sold (specifically 610.75 out of the 916.13 acres in the Wheeler and Diebel tracts) the obligations under this agreement must he repaid regardless. The deadline will be ninety (90) days following approval of the BBCEDF's next fiscal year's budget. During the creation of the next fiscal year's BBCEDF budget, the BBCEDF will request that the City and the County each contribute funds equal to their one-half of the outstanding obligations of the BBCEDF under this Agreement. The BBCEDF and Brazos Count also will consider approval of amended agreement in November. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of this amended agreement as it sets a benchmark where the City of Bryan will be paid back for initial expenses incurred for development of the //t?o Pg. 0211 Texas Triangle Park. Future sales of land in the Texas Triangle Park will he priced at a level to include an amount that will allow the BBCEDF the ability to reimburse the City of Bryan from future land sales proceeds. OPTIONS (In Suggested Order of Staff Preference): • Approve amended agreement • Modify amended agreement, which may require future City Council action and negotiation with Brazos County • Deny amended agreement ATTACHMENTS: Proposed amended agreement FUNDING SOURCE: General Fund, Water Fund, Sewer Fund APPROVALS: Joey Dunn, 10- 29.13; Hugh R. Walker, 10130;2013 APPROVED FOR SUBMITTAL: CITY MANAGER Kean Register, 10 -31 -2013 APPROVED FOR SUBMITTAL: CITY ATTORNEY . Rxviaa 05!2013 Vol. X/ Pg. FINIINLTIAt SOLLITUNS Prepaid Debit Inmate Release Program Agent Agreement This Agent Agreement ( "Agreement) is entered into by and between RAPID Financial Solutions, 2100 North Main Street North Logan, UT 84341 ( "Processor") and Entity Name: BRAZOS Omunty EIN / TIN: Physical Address: 1835 Sandy Point Road Bryan, Texas 77807 Phone Number: E74 361-4880 Hereinafter referred to as ( "Agent'). Agent acknowledges and agrees that it is solely responsible for monitoring legal developments applicable to the operation of its business and Card operations including interpreting applicable state and federal laws, determining the requirements for compliance with all applicable state and federal laws, and maintaining an ongoing compliance program. Consequently, Agent agrees that Processor has no responsibility to monitor or interpret laws applicable to Agent's business, to monitor or review the terms and conditions of Agent's Card programs or Agent's selection of system options and programming, or to assure that Agent's selection of any system option or programming (either alone or acting in conjunction with other system options and programming selected by Agent) is consistent with laws applicable to Agent or the terms and conditions of Agent's agreements with, or disclosure to, its Cardholders or others. Processor shall use its best efforts to give Agent notice as soon as practicable prior to the making of any material changes to the System which are being made to comply with any known changes in federal or state laws, rules or regulations. Agent acknowledges and agrees that it is solely responsible for registering or qualifying their business, and shall obtain and maintain all necessary licenses, permits and consents to conduct its activities, in any jurisdiction that requires any such registration qualifications, license, permit or consent, except where the failure to do so would not have a material adverse effect. Agent shall implement and comply with the Card Security Requirements outlined in the Facility Boarding Packet. If any change in the Processing Services or the System are required by applicable laws, rules , regulations, Operating Rules of the Payment Networks, Issuer or other relevant financial institution, Processor shall promptly notify Agent of such modifications or changes and make modifications or changes, as necessary to, (i) the System and/or (ii) the manner and methods used to provide the Processing Services hereunder, as soon as practicable after Processor has been notified of such required changes by the Payment Network, Issuer or financial institution or learns of a law, rule or regulatory change. Any such modification or change so required shall be made without the need for Agent approval and at Processor's sole expense. Processor shall use its best efforts to give Agent timely notice of all material changes to the Program or System which are being made to comply with any known changes in federal or state laws, rules or regulations or the Operating Rules of the Payment Networks, Issuer or other relevant financial institution. In the event that a Payment Network, Issuer, relevant financial institution or government agency shall notify Processor of any violation of laws, rules or regulations relating to Agent or transactions processed for Agent, Processor shall have the right, without liability to Agent for special or consequential damages, to terminate Processing Services on behalf of Agent under this Agreement until such time as Processor shall have been notified by the Payment Network, Issuer, financial Agent Agreement Revised 8/19/13 Vo! / 9p institution or government agency that the violation has been corrected. Notwithstanding the foregoing, this provision is not intended to modify or alter the Indemnification provisions contained elsewhere in this Agreement. Agent acknowledges and agrees that the System shall not be used to make or facilitate any transaction that is fraudulent or Illegal in any applicable jurisdiction. Processor shall have the right to preclude anyone's involvement with the System who may, in Processor's sole determination, violate any federal or state law, rule or regulation, violate Operating Rules. Processor reserves the right to monitor Card activity on its System and to shut down and/or suspend Processing Services in the event that it determines, in Its reasonable discretion, that there is illegal, unusual, or suspect activity occurring in relation thereto. Processor shall have no liability to Agent for any adverse financial or other consequences that may result from any action taken pursuant to this Section. Agent hereby authorizes Processor to ACH Debit and Credit the bank account at the depository financial institution named below (the "Designated Account ") on a daily basis or as needed for the prior 24 hour cycle of credits to card accounts. Agent agrees to maintain the Designated Account. Agent hereby authorizes Processor to withdraw funds from the Designated Account without signature or notice to effect all offsets, deductions, and other transactions due Processor provided for in this Agreement. Agent further agrees to execute any additional documents that may be required for Processor to execute their rights under this document. Agent is solely responsible for all fees associated with maintaining the Designated Account. Processor shall notify Agent if at any time there are insufficient funds in the Designated Account to cover any amount that is due and owing to Processor. Agent shall promptly pay such amount to Processor. Agent hereby grants to Processor a security interest in the Designated Account to secure all of Agent's obligations to Processor under this Agreement. Agent further grants Processor the right to set -off against the Designated Account or any other monies belonging or payable to Agent which are in Processor' possession, which right may be executed to fulfill any payment obligations of Agent under this Agreement. This authorization is to remain in full force and effect until Processor has received written notification from Agent of its termination in such time and in such manner as to afford Processor and the depository financial institution named below a reasonable opportunity to act on it. Agent shall give Processor no less than three banking business days notice if the Designated Account is to be changed so as to allow enough time for Processor to make the necessary system modifications, Bank Name: CITIBANK Bank City: BRYAN Bank State: XAS Routing #: 113 €93532 (9 digits) Account #: 9771458238 Bank Contact Name: Donnie Flower Contact Phone Number. 9(_.79 1691 2759 Contact E-mail: donnie.flower @Citi.com Agent acknowledges and agrees that card accounts are credited in real -time and Processor operates on a good funds model and that funds must be available and on deposit at the Processors financial institution before card accounts can be credited. Agent agrees to prefund three days average of funds to be credited to card accounts by depositing funds into Processor's financial Institution named below. Agent shall give Processor written notification of change in the three day average in such time and in such manner as to afford Processor and the depository financial institution named below a reasonable opportunity to act on It. 1.Prefunding amount $ per day average X three days=$ $10,000 (already on deposit with OutPay Sustems in May 2011) (Example: $1,20100 per day x three (3) days = $3,600.00) 2. Current estimate of checkslcash issued per day to inmates that are being fully released to the street?:_ We will use this number to determine your initial inventory needs of debit cards. .agent Agreement Revised 8/19/13 Evo fv pg. a/6 Cache Valley Bank 101 North Main Street Logan, UT 84321 Routing No d by wire: Routing No If by ACH: Account No: Account Name: 124302325 124302325 95005427 ReleasePay Prefunding Account Processor and its financial Institution agree and acknowledge that any prefunded amount not applied to card accounts shall remain the property of the Agent stall times. Upon termination of the Agents ability to credit card accounts, any prefunded amount not applied to card accounts shall be promptly returned to Agent. The following Individuals are authorized to act on behalf of Agent. Executive Contact Name: Wayne Dicky Phone Number. ( 9791 361 . 4996 Fax: ( 979) 361 . 4833 E -mail: wdicky @brazoscountytx.aov Administrative Contact Name: farey White Phone Number: L979) 1 361 -4880 Fax: ( 979 1 361 - 4833 E -mail: cwhite @brazoscountytx.gov Primary Contact (for day to day operations) Name: Carey White Phone Number 979 P.61 A880 Fax: 9! 791361 1#833 E -mail: cwhite @brazoscountvtx.cov Secondary Contact (for day to day operations) Name: Annie Green Phone Number: 9( 79 ) 361 4808 Fax: 9( 79) 361 4866 E -mail: agreen @brazoscountvtx.gov Agent understands and acknowledges that the System is a complex combination of hardware and software that is hosted by and/or interfaced with numerous other service providers and, accordingly, System and operational failures, malfunctions and other errors may occur from time to time resulting In, among other things, System access denials and/or Agent Agreement ReNsed 8/19/13 [Vol delays, and periods when usage is suspended. Without limiting Processor's obligations hereunder, Processor shall use commercially reasonable efforts to minimize System and operational problems. In addition, It is possible that System and operational problems may occur due to matters totally beyond the reasonable control of Processor, including, without limitation, those due to acts of God, fires, explosions or other casualliesl ads, regulations or decrees of governmental authorities or agencies, acts of financial institutions, Payment Networks or other service providers, wars, ads of terrorism or civil disturbances, embargos, strikes, lockouts or other labor disputes, power shortages, fluctuations or blackout and other similar causes. Except in the case of willful misconductor gross negligence, Processor's cumulative liabilityfor any loss or damage, direct or indirect, for any cause whatsoever (including, but not limited to those arising out of or relating to this Agreement) with respect to claims relating to events in any one Processing Year shall not under any circumstances exceed the amount of the Processing Fees paid to Processor pursuant to this Agreement for Services performed in the immediately preceding two (2) month period. EXCEPT IN THE CASE OF INTELLECTUAL PROPERTY INFRINGEMENT DAMAGES SUFFERED BY THE OTHER PARTY, IN NO EVENT SHALL PROCESSOR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT PROCESSOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROCESSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, EXCLUDED BY AGREEMENT OF THE PARTIES. PROCESSOR AND AGENT HEREBY AGREE THAT PROCESSOR'S OBLIGATIONS TO AGENT AGREEMENT ARE RELATED TO PROCESSOR PROVIDING SERVICES. THAT THIS AGREEMENT IS A SERVICE AGREEMENT FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE AND THEREFORE THE PROVISIONS OF THE UNIFORM COMMERICAL CODE SHALL NOT APPLY TO THIS AGREEMENT. This Agreement shall be construed and enforced in accordance with the internal taws of the State of Utah, without reference to choice of law rules. Any Legal action, including an original complaint or third party claim, or any action arising under or related to this Agreement, including but not limited to a claim for payment under the Agreement, and also including any non - contract claim, shall be brought and maintained exclusively in a state or federal court of competent subject matter jurisdiction in Utah and the parties hereby submit themselves to the personal jurisdiction and venue of those courts for the purpose of any such action. This Agreement does not create a relationship of agency, joint ventures, partners, employees, servants, or fiduciaries by and between Agent and Processor, and none of the terms and conditions contained herein shall be so construed. None of the parties shall have the power to bind or obligate the other. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors in interest, except that Agent may not assign this Agreement to any person or entity without the written consent of Processor. The remainder of this page intentionally left blank. Agent Agreement AA Revised 8/19/13 Pg. o91Y The Undersigned authorizes Processor to obtain reference information, as it may require and deem appropriate, to validate the statements made within this Agreement. IN WITNESS WHEREOF: AGENT': By: I ate: i i1 I � q 113 Name: b u(A ne, q rz:� Title: Cou ni- j 3uc4e Name: Daren W. Jackson Date: t a- IL ( it, Title: President and CEO — — — — — — — - - -- #: -- Batch: - - - - -- Group: _=- - - - - -- ANI: Program ID: - -= Time Zone: __ Prefix: Vol. _ ��D . Pg. Agent Agreement Revised 8/19/13 Auaffi 512 - 9362100 AIM 9737742200 Oepw Chrlyd 362 -2354= 6Puo 915 9 5 -225 0 Nar Agee 956/253010 Houston 713-3239909 tondo 9567248188 San AnbNn 2t0- 9054200 MairttenanceAgreement 3eeaveeerAruAarwmv7 Dide Dete: UtGdlve DM Customer Na Luse Na Po No, Sonata Iocadmi a for Name; BRAZOS COUNTY Namr. BRAZOS COUNTY•PURCHASWG Adder: Ad&ms: 200 SOUTH TEXAS AVENUE. SUITE 352 OH/Aate/210/CeumY BRYAN, TX. 779(12 N BRAZOS CM/stah/DO /Ceunry BRYAN. TX 779032 BRAZOS Contact: Phan: Cornaxt Lob Comrom ihaw: 970.7/1�20a Noun dOpentlar. Fa: Emalladdtm Mudd S&W No. Egdp D Nut Meter Xerox 6876APT -Heath Dept EX9283758 62922 Xq=%WpT-WiagO1&Mc,,ftj EX7004111 H4423 Xerox SSfW'T t~0aAcademy EX7004024 H4424 Xerox wc6330PT -Expo Complex AE9894305 H4425 XwoxVC6 3WT -Val SeMoaa AEM7521 H4426 Xerox 5855APT -Tax office EX7004142 H4427 'AddNiael Equotewt Ud on Tlhb A SP[OAl IfdT11UCDOfd: DEAL 31650 8 32548. NO ANNUAL INCREASE. STAPLES INCLUDED bWNTENMKi PRICM: IrNluda Mna Who end urdeu sTaadoduwodse MAINTENANCE MONnaY BASE: 1, 291.30 Included In Laafa em 111habla MEP: Induded 0 of lmprwlam; Mad 200,000 Cola 2,000 Overlie Rata: $0.008 $0.048 COLOR QUBE: inducted Y of lmpresdans: Overage Rau: New I N/A Mewl WA SWA Matter WA gNIA __ Berark.l Req.tram.mw C fds Yw Walt ' Dadloted Une 0 $ "dab - ALL OVERAGES BIUFO QUARTERLY ❑ AaaRMed Meat Collection QManualMnaWfection tev Vou SWCOW all oWt 0dons of the contract, 11" above and on revetsed agniaman GrR e: Amount Manager: Loch R Hernandez D.W 11.13-2013 Tro n APMovd Banatura Daft 1Q9oft VC / - I My in, [VOl. 1'o Pq J02 d .Sa (b S M UN MNANCE AGREEMENT - TERMSAND CONDITIONS 1. Dahill ensures that the equipment it wits will perform to manufacturers specifications when operated within the following guidelines: a. Machines must be used 1113 climate controlled environment, free from excessive dust and ammonia fumes; b. Machines must be set up and operated accordingle mahhuhttues specltiaUens; C. Muhlnes should be operated and serviced within the speclRed volume limitations; d. Only supples within manufacturer required specifications should be used. e. MachIms must be Operated on am Isolated electrical One unless otherwise noted. Machines operated outside the above listed conditions will not he covered within the terms of this contract and will he subject to additional service fees an a per call bash. Repairs due to abuse, misuse, accidents and/or natural disasters are not covered. Term: a. leased Equipment Maintenance Agreement shall run consssrrent with term of lease unless otherwise stated an contract b. No Lester Contract will commence at date of equipment delivery and remain In effect for a farm of 12 months. C. Standard Term: All contracts are for a te rm of 12 months unless specifically noted abaVe. d. Cancalladon: An agreements are nononcellable and non- refundable. e. Transfer. Agreements are non - transferable without prior approval of Dahill. I. Contract Renewal: Unless notified In writing 60 days prior to expiration date, contract will automatically re new for a period of 12 months at current Dahill service rates. g. Annual Rata irhOel Ali agreements are subject to an annual Increase after Initial 12 month period. 2. Breach or Default If the Customer does not pay all chargesfor services as provided hereunder, promptly when due: (1) DAHILL may (a) refuse to provide service or supplies for the Equipment or (b) furnish service and supplies on a CO. D. `Per Calr basis at published rates and (2) the Customer agrees to pay DAHILL costs and expenses of collection Including the reasonable attorney's fee permitted by law In addition to all other rights and remedies available to DAHILL CUSTOMER AGREES THAT SHOULD ANY BALANCE BECOME PAST DUE FOR ANY REASON, SERVICE UNDER THIS AGREEMENT W ILL BE SUSPENDED UNTIL PAST DUE BALANCE IS SATISFIED. 3, Service Hours: Dahill Service Techn Ida ns are available Man 6W Friday, 8:00 am- 5:00pm, except far scheduled Dahill Holidays. In the event service Is requested outside standard hours, It will he provided with 48 hours notice, with additional charges as listed: (1) At one and one -hag the pievaIgng heurfy rate; (2) At twice the prevailing hourly rate P service Is requested after 5:00pm on Sundays or any time on a scheduled holiday. 4. Confidentiality. DAHILL recognim that R must conduct its activities in a manner designed to protect any information concerning its affiliates or Customers (such infomutian herein referred to collectively as the "Information') from Improper use or disclosure. DAHILL agrees to treat Customers Information on a confidential bash. DAHILL further agrees that it will notdisdose any Customer Information, without Customers prior written consent, to any person, firm or corporation except (1) to authorize Customer representatives or (2) W employees of DAHILL who have in perform the services contemplated hereunder. DAHILLagrees upon request to have Its employees execute written undertakings to complyweh the confidentallty requirements set forth under this paragraph, S. bademnlfiadan. Customer shag Indemnify and hold DAHILL harmless from any claim, demand, llabildy, and Ouse ofaction or damage for actual or alleged infringement of any intellectual property rights or copyright arising from the performance of services under this agreement. Customer agrees to defend DAHILL at Customers sole expense, against all suits, action or proceedings in which DAHILL is made a defendant for actual or alleged Infringement Of airy Intellectual property righm other than as provided above, each parry agrees to hold harmless, defend and Indemnify the other parry against any liability, demand, claim or cause of action for personal injury or property damage due to or arising out of the acts of that Party, As agents and employees. However, each party shall have no obligation to hold harmless, defend or Indemnify the other from or for liability arlsing from the others own Intentional or negligent acts. d a event she" DAI 1166 he liable 66 rW5N~ Iff 98AWEIN118114al OF iFIGNIF0611 dafflOgMS ddie 1, 9""' Ws mom peFfs-maAra, any bF@alh althicAtimeffleAkAFRAVII0111if 6. Connected Copier/Printer: Connected equipment Will be covered up to the computer /network connection. fiewlee calms prisdiamel by coffiti-le6imil RAP Wimp 10, be billed at ftiopeni publislized-Roft 7, Maur Collection: Dahill will make available to customer, at no additional cost an automated meter collection system for all connected equipment . Non - connected equipment meters an be entered through the Dahill websfte at no charge. Should customer choose to not utilize these options, meters will he collected manually each quarter at a bill rate of $15.00 per contract. . 8. Assign ability. The customer may not assign its Interest In or delegate Its duties Under this Agreement. 9. Relaxation. Buyer agrees not to relocate covered equipment outside of the Dahill service area Should relocation be necessary, Dahill will locate a dealer to service the equipment In the new location. Should a new dealer not be obtained, the agreement will be cancelled and Buyer will be responsible for payment of remaining balance of agreement. 10. Peru and Supplies Supplies Include: toner, PM ld% developer and Males Paper Is not included as covered supplies. AB parts and drums a re included, unless abuse or misuse cause need for replacement Dahill retains title to all supplies famished hereunder, Including consumable pain such as drum remains. 11. NO WARRANTY. OTHER THAN THE OBLIGATIONS SET FORTH HEREIN, DAHILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF FITNESS FOR A PARTICULAR PURPOSE. DAHILL SHALL NOS' BE RESPONSIBLE FOR DIRER, 14ODCNTAL OR CONSEQUENTIALOAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OFTHE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT AND CUSTOMER HERE8Y WANES ANY CLAIMS THEREBY, Complete Agreement: Dahill reserves the right to modify terms and conditions set forth In this.agreement with 30 days written notice to customer with approval end signature of Brazos County. j `COI Gamer Initials Ill g Rev. 9112 Maintenance Agreement Sc CUSTOMER NAME: BRAZOS COUNTY 11 v. 7/13 A Model Serial No. Equip ID Start Mater Xerox VVC5330PT -CCL #t AE9894664 H4428 Xerox WC5330Pr- Tmeaurer'e OBke AE9895791 H4429 Xeras W7BMP2.Comm. Courl AdMn MX0134900 H4432 Xerox 5875APT -OA's Office EX9287104 H4434 Xerox 5W5AMJuvanile Detention EX9287069 H4435 Xerox WMPT- Juvenile Admin EX9287108 H4436 Xerox 5875APT -Human Reaour EX9287005 H4437 Xa MFP]B39f�T.rh.Mg, 61570674 H4440 Xerox W7845PT -Ag Extension MX4329504 H4443 Xerox W7845PT -Road 6 Bridge MX4329724 H4444 •AddlNonal Equipment Ust on Table A Special Instru ctlons: _ /�� Pg �� Maintenance Agreement Addendum B Program Maintenance Approach Dahill has a comprehensive service and maintenance program, backed by our customer driven 'Common Sense" Total Satisfaction Program. We define specific parameters with you at the onset of the contract which becomes our Service Level Agreement (SLA). During quarterly Business Review meetings, the Project Managers, Major Account Customer Care Rep- resentative and Service Manager review the performance of the fleet and measure our results against the SLA parameters. Our technicians use a scheduled "total call process' procedure to ensure that every aspect of the sys- tem is tested to ensure reliability and prevent down time. During unscheduled maintenance, call futfill- ment will be the highest priority of the technician. While at the unit, they will physically Inspect for cleanliness, damage, check codes and meters for upcoming supply replenishment. Over one third of the Dahill organization Is dedicated to servicing our customers with over 130 people. Call Response and Escalation Departments requiring maintenance can request a service call in two ways: Phone call Into dispatch or Log a service call via webslte. The website link(s) can be placed on Brazos County Purchasing Depart- ment Intranet site If desired. Once a call Is logged, a Dahill service technician will be assigned to the call and an ETA will be provided back via email. Users can track the status of their call via the web link Ser- vice hours are &00 A.M. -5:30 PM, Monday through Friday. The response time will be within 4 hours. Dahill also offers Remote IT Support. Dahill has dedicated helpdesk technicians that respond to end user calls for MFP, printing, scanning and workflow related calls. When necessary, the technician can use a secure remote session, sharing the end user's PC to re- solve the Issue. They can access the MFP, change settings, reboot, re -bad print drivers, scanner settings etc On average, 75% of calls received can be resolved over the phone. If the call cannot be resolved, a field technician Is dispatched. Call escalation will go from the on -site service technician to the service manager. Depending on the na- ture of the call, it can Include a "hot swap" unit, depot repair, network technician and /or manufacturer support. If a unit will be down for more than a day, a service loaner of comparable features will be pro- vided free of charge. During the Implementation process, after hour service will be available free of charge to Brazos County Purchasing Department. After Implementation, service can be made available after -hours and on weekends, preferably with advanced noticed. The following pages detail our web support services. dah�ll Vol. pq. �� Maintenance Agreement Addendum B Log a Service Call dahill t_d*MhPfb..OWR,%At �- - ,en Leadership. Powerful Results. Log a Service Call Request p tfm SLO Mt fl.o..st button b sLa.lt Y.1.. INormat alt/ y.. am don. MUnt wt IM lam. P+wlOmeft 10 I.0. w.wbw Of mwimol: wy m.[hrwl h Wa!'tla WI Mvhlp en W.n y� OMHO W of PrvINOa: Upit Imp. 0 Cp U: Y. rf.m.: PI..Y.r.ar a ph.. mlmba Yoa on M w-ta,"d N If huthor Inf.mYtla. It r.Wdmd. Ca tact Numbs: 1 1 Pl.n..nbr a fu n.mb.r If yW dnln . fu wnPnn.tl... P. canhrvo.dan NasWar l 1 .1 P4.r.nt.r aarll.% Wdr.0 N y dasun.n.man tonHrm. I rmll Add.- dah�ll ANFCYi..,r 90 Pq. �� IN A NSW SOW-9 CALL a..,awmr .IYrlrrw.a.Ib.Y....wb..tlr.. w..y YU. Ia.Y.1. t..Y /t.Y�yvot Jlb Mr. ols Ynb ..`.t b _ tl .J .�.. YtlMtlW .Y..6 YaY 4..M M iw. •rWll Y tl0 Y M ittlwd • }.YY.�ta� MY1slC,.b.�t�Nal N.r ae 110001YO4m19lltlPw.w fivrawmw fRYeb Y.entlr�..aM. aaaYq p tfm SLO Mt fl.o..st button b sLa.lt Y.1.. INormat alt/ y.. am don. MUnt wt IM lam. P+wlOmeft 10 I.0. w.wbw Of mwimol: wy m.[hrwl h Wa!'tla WI Mvhlp en W.n y� OMHO W of PrvINOa: Upit Imp. 0 Cp U: Y. rf.m.: PI..Y.r.ar a ph.. mlmba Yoa on M w-ta,"d N If huthor Inf.mYtla. It r.Wdmd. Ca tact Numbs: 1 1 Pl.n..nbr a fu n.mb.r If yW dnln . fu wnPnn.tl... P. canhrvo.dan NasWar l 1 .1 P4.r.nt.r aarll.% Wdr.0 N y dasun.n.man tonHrm. I rmll Add.- dah�ll ANFCYi..,r 90 Pq. �� Maintenance Agreement Addendum B Remote IT Support Cem1nW • branch {etartre. Yeeedeet Loran. Cann dh A I prpvon Laetlennip. Poa lful Resuna fefrN ♦eem. eennee. reemvn OtL- -t ®i}� Dahill Offers Superior Remote Support Disrdnte Doesn't Motto? !lnytnnrd Live Remote Aee1eOnc0 Ee pMnON „��o...._.._.__..._...._...__.. _... ..._ _ __ ...... _.._._.._...__ .._. .. .. •�_a_ Ltlen toatednNproblemyVYRh eurM rro nml- BY - a- luba memMro /wrempen tam pn ver your tnl el year mevM end McYboard b dot Yw w ywr raY b e solutbn. Now b 001 ouppart ._ A reember of our mpp0rt team m1 uk rah yea ent to date % the NMe of the problem. You re and Me ameran or eatcu" emeewnS and allRem mrdlpurewn npamnente an wr FAG No Yar M a ro ver a derneenneen eta -c -fherhp aeeran. How M Works: .._.._._.__.._... _.... ......__.__._._ _. ... ... _.__.. _............ _. .. _... Seep it arts Yee are 0n dnphOM rlh a enrnber el OYr support team. vas tell be dtre[W beer to dal pope AMr Your Support npaefaagMa provides yW rAth • unque mnrrelbn ,ode. rw wk Men rater Me code n Me held bebr and skk Me Cash Neae bytmn b hOYb Ma femnSltem0 !Hobo. etap ]t Yw en OmmpHd to dewnbed a emeY wuf.lrn puPn. 6Hp ]t IYNh Ywrpenwden, your eupwrt rcpnlentatM CM vIH+Yeur linen and fMn mntnl of Your mauaa urd keYbee nt Step 4 You es F ful contnl of Your mmwbr et H "".Yee always have owrdUnp ton" of Your mouse and kemboo,& end you can and the screen lhbfnp wlnn n enm thne. NA9Iconle to oMfne SUPPO d ryp the he mde you aWed from Yom gep.dmtadve em ddt batten to pwered �Ckk l vol. / -fo_ Pr a?gr Maintenance Agreement Addendum B Service Call Escalation Dahllrs automated service monitoring allows us to view a techniclan's whereabouts, call status and call escalation status in real time. dahall Maintenance Agreement Addendum B Supplies Supplies Supplies can be ordered through the Dahill website or 1-800 number. Typically, the cost of all MFP supplies will be Included in the contract. Ordered supplies arrive within 2 -3 days. We also offer an overnight delivery service. Extra supplies can be kept on -site to maximize uptl me. OnMk suvvua i J• www oe+r4� swwc..a�n •sww�uKw�.r• wow o.ro..a n.rfilweCr .. � . p�p.wr� e oo. d /,?r,, � U /7 Maintenance Agreement Addendum B Automated Data Collection Automated Meter Reads Dahill eXpress Meters solution package uses a small, secure automated program called FMAudit that Is Inmiled on your network that will collect the meter readings of all your networked MFPs and printers. Our local billing support team receives a secure scheduled meter report every applicable billing cycle In order to generate your customized Invoice. eXpress Meters Insures timely and accurate reporting to Dahill and Insures an accurate and quick turnaround for your invoices. How It works: eXpress Meters uses a program to allow audit Information to be sent from your network to a m, mote destination (Dahill) as an attachment to an email or an XML stream. By default, this Information Is encrypt- ed, and requires a user and pass combination for authentication. it uses Automatic Network Discovery Settings (ANDS) to discover and communicate with the different network elements. Network IP ranges may be manually added to fully access all devices across your WAN and Flrewalts. All SMV enabled devices (all brands of networked printers and MFPs) will report usage /meters to us. Brazos County Purchasing Department will be able to log Into their secure hosted website and see all reported data kI- cluding total output (blend of copy /print) for billing verification. Reported data an also be broken up by loa- Non, or department. Reports an be downloaded into Excel spreadsheet format. Brazos County Purchasing De- partment an also compare quarterly usage. Once Brazos County Purchasing Department receives the Invoice from Dahill, you an verify the calculations using the Internal web -based reporting function. Since the process is automated and uses actual data, it will reduce time and frustration dealing with billing errors. Dahill eXpress Me- ters and FMAudtt Onsite Wit be provided to Brazos County Purchasing Department at no additional cost. Aim O, Better Bost manage Bent • Network accounting- enabled to provide accurate usage traxddng, reporting and billing • Ensures more accurate meter reads for loll{ -back to appropriate groups • Usage tracking lets you Intelligently manage assets cost effectively • Consistent reports In familiar, easV-to-read formats, giving you comprehensive, easy to understand analysis that's Instantly actionable • Flexible data collection settings can provide data daft weekly, monthly or annually • Flexible reports allow you to compare usage trends d�h�lo i y� z,z'X_ COPIER MAINTENANCE ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 332 SOQ Request No. 201370 Bryan, Texas 71803 Page 1 of 7 Pages Telephone (979) 3614294 i a th F . �i to I f as a duly authorized representative of pa. � , I f og" I e 4• N o Cy "Contractor" willingly attest to perform (or deliver) as per Attachment "A" for Brazos Cty. I Further agree to all of the provisions and specifications contained in this contract. MAINTENACE/SERVICE AGREED TO Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Attachment "A ". Contractor agrees to provide service in a timely manner with no less than a four (4) hour response time. Maintenance will be performed during business hours in accordance with the location of the department where the copier is located. Business hours may vary depending on the location of the copier. For all maintenance or service required on any of the listed copiers, it is required that only original equipment manufacturer (OEM) pans be used for replacement of parts. Toner and staples will be provided for the Contractor for the life of this contract to include any future renewals or extensions. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos Vol._% pg. / i SOQ Continuation Sheet SOQ Request No. 201370 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. /�o a2 3D SOQ Continuation Sheet SOQ Request No. 2013.70 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS in the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor, the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Vol. _ —.L Teo P9 SOQ Continuation Sbeet SOQ Request No. 2013 -70 BRAZOS COUNTY, TEXAS Page 4 or 7 Pages DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: Vol. __%� pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOO Bequest No. 2013.70 Page 5 of 7 Pages (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement tetras and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESMAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. Vol. - -/ fo Pg. ; J3 SOO Contimudioo Shed SOQ Regaert No. 2013.70 BRAZOS COUNTY, TMAS Page 6 of 7 Pages NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 Soutb Texas Avenue, Suite 332 Bryan, Texas 77903 CONTRACTOR: Sales Contact Name: Phone Number: _ Billing E) ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the tern of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entice and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instnrment approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contactor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contactor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved vol. / f6 pg. 01 j44/ WO Cantlotntba Sleet SOQ R"uml No. 2013.70 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSEBELTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. MEMI IMCATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attomey's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission the Worker Compensation law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. D r Signed By: W 2Q.�-._...._ i-- _ Tide: &A a l-40)C 14l is �ec t� R Typed Name: l l a r. F. .) +a tad 1 Company Nam: QRw' 11 Ol/`cp �C noIe Phone No. SoyA'100 Email Address: 6 f l i Rot d a k 11 . G D M Mailing Address: P. o, 0 ox 3 I `l .SQ w 4 P 4o N .. re- its $ Aft- P. O. Boa a Sara City stele -]4d 9.;1 -Z V n.� Employer Identification Number: S.2 - .2 y 8 1'y y� Att IS Comm r a Court on thiB _ � day oft '—". Ifby olding the poddonof me) UIIh%J Vol. pg,� M • 512.835.1000•(Fax) 512 -B32 -8255 • 979.775 -5500 •,(Fax) 979.7755900 •936 -699 -2800 •(Fax)936 -699 -4229 •210- 822 -3500 •(Fax)210. 826 -9288 • 480.967 -3200 • (Fax) 480- 967 -3215 • 903- 509 -9900 •(Fax)903.509 -9905 • 254 -881 -7500 • (Fax) 254754-0555 CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 0 z t BILL'To. SHIP TO I.LY •N � ATAS LJ:LrT 4 " (rOKn SM{l�S C,I�F� cZ Austin, TX 78758 •2600 Longhorn Blvd #102 DAVIDSON.DOCUMENT SOLUTIONS, INC' B M�, TX77802 son o N8'�00 PHONE FAX PHONE -M FAX q 3101 4401 1 •2003Atk TEXAS DOCUMENT SOLUTIONS SanAnb*TX782M • 620 West Sunset Road ARIZONA DOCUMENT SOLUTIONS Tempe. AZ •1406 West Sl.y NEW MEXICO DOCUMENT SOLUTIONS 700 •4819 Troup Highway Highway �a>t Modwlt Waco, TX 78712 Waco, ,TX 7871 •6700 Woodway Drive M • 512.835.1000•(Fax) 512 -B32 -8255 • 979.775 -5500 •,(Fax) 979.7755900 •936 -699 -2800 •(Fax)936 -699 -4229 •210- 822 -3500 •(Fax)210. 826 -9288 • 480.967 -3200 • (Fax) 480- 967 -3215 • 903- 509 -9900 •(Fax)903.509 -9905 • 254 -881 -7500 • (Fax) 254754-0555 CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 0 z t BILL'To. SHIP TO I.LY •N � ATAS LJ:LrT 4 " (rOKn SM{l�S C,I�F� cZ ADDRESa TtxaS 435v ADDRESS2DO Tekcs Ave, *33--)-- Clry STATE�r Y a ZIP CITY j,Z r aN StATE -r IIP �..�^ ? 1 V l CN-J CONTACT CONTACTa yr 4Y\ GC.I(S�ON� N 5 PHONE FAX PHONE -M FAX q 3101 4401 ADDITIONAL COMMENTS CUSTOMER STATUS: TYPE ACTION REQUEST SHIP VIA: • New Customer ❑ CGEM /NJPA Account ❑ Yental ❑ trial Dates: W p,0, No-14-0001q3 ❑ Existing Customer ❑ state Contract Sale/Lease ❑ Other, specify QTY,' PROD NO Shay MX -M. (f+3N I MX -Soap IvYe I ►vn(—FX,YZ �a>t Modwlt t Mx -fNx9 5h+ li �nIs1�Lr I MX- pw 6 kf ie. PtA.Y+4w'r- I 1�'IUNt�1 �1d1 rT'�'LY14 Zr 5U �t.�.tde 500 F3ia�•k -t tti�1-e, Co •v, >n +hi Witt•. ar 611roYeLtv. rata. 4+- ed05 .i.rlG�kt.I2g 4zvwrs rttm5 c.l. Lri abs '� rwt/eiI {'t fvw• Poqo- Maiwfl-tatahce— (rv- 5 LUMrs -'Cr-0^1X . of St a }.w Gonii' aln4 �L� K }' A, rs �'�^ LY nS �t.�w..•�t...'} Iµ.�r JN GENERAL MANAGER DATE Freight SALES MANAGER DATE Subtotal SERVICE MANAGER DATE Sales Tax 1'r ERACCEPTANCE DATE II 13 TOTAL WHITE — ACCOUNTING CANARY— CUSTOMER - Vol. Pg..2,3 INCustin, TX 78758 • 2600 Longhorn Biv l #102 • 512 - 835.1000 • (Fax) 512 - 832 -825 DAVIDSON DOCUMENT SOLUTIONS, . Lufkin, TX 75901 -2003 Atkinson Drive #500 , 936-699 -2800 • (Fax) 936. 699422 SanAnbrigTX78216 • 620 West Sunset Road - 210.822 -3500 - (Fax) 210 -826 -926 TEXAS DOCUMENT SOLUTIONS Tempe, AZ 85281 - 1406 Weal 14th St. #102 •480. 967- 3200•(Fax)480 -967 -321 ARIZONA DOCUMENT SOLUTIONS Tyler, TX 75703 -4619 Troup Highway •903- 509- 9900•(Fax)903- 509 -990 NEW MEXICO DOCUMENT SOLUTIONS Waco, TX 76712 • 6700 W'000way Drive •254 - 881- 7500•(Fax)254 -754 -055 SERVICE 1 SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This agreement shall remain in full force and effect, unless cancelled by either party in writing. This agreement may be terminated or changed at any time, by either party on thirty (30) days written notice. Customer's obligation to pay . all charges, which have accrued, shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based upon the Copy Volume Level and specification provided on the reverse side of this agreement, whereas the excess cost per copy changes are payable in the arrears. 3. Davidson Document Solutions, Inc. shall provide inspections during the contract period at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charge to the customer in accordance with the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are included, except for facsimile systems and cartridge type copiers and printers. 5. Ali service calls under this Agreement will be made during normal business hours at the customer's address as show on the reverse side hereof. Should the equipment be moved to a location in a more distant zone, there may be an increase in the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area. this contract shall be terminated. Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of Gad, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third party add-on devices, such as accounting software and hardware, coin -op box, etc. 9. This Agreement does not cover the customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the customer software or operating systems, Davidson Document Solutions, Inc. will not be held responsible for any down time at clients location. 10. This Agreement is not transferable by Customer, except with the written consent of Davidson Document Solutions, Inc. 11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess usage attributable to theft. misuse or sky copies! 111a AY1001011t W113 Itakm Ct 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Davidson Document Solutions, Inc. are used. 14. The initial term of this agreement shall commence on the date of equipment installation. This agreement shall be automatically renewed upon expiration of the initial period, for successive renewal terms at the standard published service rates, in effect at the time of applicable renewal. 15. Davidson Document Solutions, Inc. would setup and configure a total of 5 stations at the time of the initial sale installation. Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.) 16. Shipping charges for consumables supplies will be billed separately, plastic waste toner bottles are a permanent part of your machine and are to beseused. The customer will be char" a or replacement o es. I've / Q pg .2.3 7 I CUSTOMER NO BILL TOi NAMe }�bLral�aSi n Austin, TX 78758 •2600 Longhom Blvd #102 •512. 835 -1000 • (Fax) 512 - 832.8255 SOLUTIONS, INC. 1 #500 STATE --r! zW -7 7 IX I DAVIDSON DOCUMENT Lldkin, TX 75901 •2003 Atkinson Drive •936- 699.2800 • (Fax) 936. 67993229 PHONE .1A M1 4TX78216 '620 West Sunset Road • 210-822-3500 • (Fax) 210 - 8269286 DOCUMENT SOLUTIONS TEXAS DOCUMENT SOLUTIONS Tempe. AZ 85281 • 1406 West 14th St. #102 •480- 967 -3200 • (Fax) 480- 967.3215 ARIZONA Tyler, TX 75703 •4619 Troup Highway • 903.509-9900•(Fax) 903- 509.9905 NEW MEXICO DOCUMENT SOLUTIONS Waco, TX 76712 • 6700 Woodway Drive • 254- 881 -7500 • (Fax) 254754 -0555 CUSTOMER NO BILL TOi NAMe }�bLral�aSi n ORDER DATE INSTALL DATE I o zq 1 i . TECH REP. SALES REP. SHIRTO NAME aso5 CMA µ I VIA Va f+Vw of ADORESA 1DO y�g v� ADDRESS 200 S*Ld.Taxts Ave, *35z CITN STATE --r! zW -7 7 IX I STATE Zro 7 ^� cm a IJ r ah r�Z �7✓ CONTACT cONTACT Ltsl1 6 W�11,0.rr,s PHONE FAX PHONEI)-7q 3bi 4294 FAA _ 1 ADDITIONAL COMMENTS • New Customer • Existing Customer QIY PROD CUSTOMER STATUS: O CGEMINJPA Account O FpF}rital D State Contract GoSalelLease rjkc%r NY-M314N TYPE ACTION REQUEST: SHIP VIA: Cl Trial Dates: to P.O. NO. 14000393. O Other, spedfy • I WF/09, 5+' 1.& -1P•nr61A✓ I MX D517 Cab's „a'�' St�.na�. I MX �R 37u ii. -+'P 51 c,µr ; iti Mk x I I Fair M�dL.i � 1h L.SO Z 500 TNA4c Writ, C:%ia NAOYL oa OYW �A ris-tit, A 1' .005 r�I,�.aQ.c.S 1-orl, rs a1.rlA,rn Fq, -wvs 1,1 o rAec s t �R 5 O'F .5+ hA�L ityG LI.N p(;,V O N�-i y1 O 0.1 h .NaN O vi �"r •�,. Ttuc..s � �' �j,lwk'l e-ri GENERALMANAGER DATE Freight SALES MANAGER DATE Subtotal SERVICE MANAGER DATE Sales Tax FEE] C MERACCEPTANCE DATE I� TOTAL WHITE - ACCOUNTING CANARY - CUSTOMER Vol. / 91J Pg. .38 I `y }S�fNe4 "i.•4 )�:fi.�rs4. ray +.mina., ^^Rr:r•... Ausdn;�x�78756., a 2600 Lorghorn Blvd #102 - 512 -»06 12.832 -a35 =1000 '(Fax) 512.832825 DOCUMENT SOLUTIONS, iNC. 'Bryan 7802 1 fWO DAVIDSON kin; x75WI 2003FAtkinsonDrive •936.699.2 00•(Fax)936- 699-022 Sank"riax7a216 •620 West Sunset Road • 210 -822 -3500 • (Fax) 210-826 -928 TEXAS DOCUMENT SOLUTIONS Tempe, AZ 85281 • 1406 West 14th St. #102 •480- 967- 3200•(Fax)480- 967 -321 ARIZONA DOCUMENT SOLUTIONS - Tyler, TX 7570 •4619 Troup Highway •903 - 509- 9900•(Fax)90 &509 -990 NEW MEXICO DOCUMENT SOLUTIONS Waco. TX 76712 • 6700 Woodway Drive •254 - 881- 7500•(Fax)254- 754 -055 SERVICE 1 SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This agreement shall remain in full force and effect, unless cancelled by either party in writing. This agreement may be terminated or changed at any time, by either party on thirty (30) days written notice. Customer's obligation to pay all charges, which have accrued, shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based upon the Copy Volume Level and specification provided on the reverse side of this agreement, whereas the excess cost per copy changes are payable in the arrears. 3. Davidson Document Solutions. Inc. shall provide inspections during the contract period at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charge to the customer in accordance with the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement will be made during normal business hours at the customers address as show on the reverse side hereof. Should the equipment be moved to a location in a more distant zone; there may be an increase in the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third party add -on devices, such as accounting software and hardware, coin -op box, etc. 9. This Agreement does not cover the customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the customer software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at clients location. 10. This Agreement is not transferable by Customer, except with the written consent of Davidson Document Solutions, Inc 11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess usage attributable to theft, misuse or sky copies! 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Davidson Document Solutions, Inc. are used. 14. The initial term of this agreement shall commence on the date of equipment installation. This agreement shall be automatically renewed upon expiration of the Initial period, for successive renewal terms at the standard published service rates, in effect at the time of applicable renewal. 15. Davidson Document Solutions, Inc. would setup and configure a total of 5 stations at the time of the initial sale installation. Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.) 16. Shipping charges for consumables supplies will be billed separately, plastic waste toner bottles are a permanent part of your machine and are to be reused. The customer will be charged for replacement bottles. I Vol. re,?,lJ PgrZ • 2600 Longhorn Blvd #102 • 724 East Villa Marla #500 • 2003 Atkinson Drive • 620 West Sunset Road • 1406 West 14th SL 4102 • 4619 Troup Highway • 6700 Woodway Drive • 512 - 835- 1000•(Fax)512- 832 -8255 979- 775.5500 • (Fax) 979. 775 -5900 •936 -699 -2800 •(Fax) 936.699.4229 •210 -822- 3500•(Fax)21 D- 826 -9286 •480. 967- 3200•(Fax) 480.967 -3215 • 903509-9900 • (Fax) 903 - 509-9905 • 254581 -7500 • (Fax) 264 - 754-0555 CJS fOMEIt nO ORJB2 DnTF INSTALL DATE TECH SALESREP. Io i3 BILL Tb: •• NAM Dre.%OS lar( �asl Austin, TX 78758 DAVIDSON DOCUMENT SOLUTIONS, INC. Ban, TX 77BO2 PHONE FAX PHONE 9 FAX 45s "79 e z LLuuffkin, X75901 TEXAS DOCUMENT SOLUTIONS SmAntori%X78216 Tempe, AZ 85281 ARIZONA DOCUMENT SOLUTIONS Tyler, TX 75703 NEW MEXICO DOCUMENT SOLUTIONS Wsoo, X 76712 • 2600 Longhorn Blvd #102 • 724 East Villa Marla #500 • 2003 Atkinson Drive • 620 West Sunset Road • 1406 West 14th SL 4102 • 4619 Troup Highway • 6700 Woodway Drive • 512 - 835- 1000•(Fax)512- 832 -8255 979- 775.5500 • (Fax) 979. 775 -5900 •936 -699 -2800 •(Fax) 936.699.4229 •210 -822- 3500•(Fax)21 D- 826 -9286 •480. 967- 3200•(Fax) 480.967 -3215 • 903509-9900 • (Fax) 903 - 509-9905 • 254581 -7500 • (Fax) 264 - 754-0555 CJS fOMEIt nO ORJB2 DnTF INSTALL DATE TECH SALESREP. Io i3 BILL Tb: •• NAM Dre.%OS lar( �asl 7 ADDRESS�� 5• yr #35Z ADDRE"1 %,A* TeX vc,-* ` CITY �„ STATCr.r ZIP y� 4 CITY �(r N STATE Tk ZIP —T D3 I'( W V CONTACT CONTACT hev I CaFfw.A.n PHONE FAX PHONE 9 FAX 45s "79 e z ADDITIONALCOMMENTS CUSTOMER STATUS: TYPE ACTION REQUEST. SHIP VIA: D New Customer 0 CGEM /NJPA Account O 5ental D Trial Dates: to PO. N0. 4OW39 D Existing Customer D State Contract ale/Lease ❑ Other, specify • • • DESCRIPTION • • I ln� MK- M (4N I MX AS 1-7 CAA( '. Y,.e N 5+s•nct I MV M'5 7Lt D4k.. S C v .-� t I Mx k I ) Mod.tdL MCI h i IA Mle6 h t 5.00 S 1,000 r_71aL L+ Wb1' C Cs+ t,CJ vstl-11 W I tk cL" OvL eCfw e& .005 A.c Y1. Lv1c la t I'o ww vs vvlT Sl t�s An u4 CL o ,k 4-raJ tA I- I, vw i h {- RA.iL l.D(, C.1 to S fila vin LLeWL -. o IA h n VL5 rural y6,-, �GYaS T). ..., tAk, w^ GENERALMANAGER DATE Frei ht SALES MANAGER DATE Subtotal SERVICE MANAGER DATE Sales Tax CUSTOMERACCEPTANCE TOTAL WHITE — ACCOUNTING CANARY— CUSTOMER VV1. // O 11 /J :Austin, TX 78758 - 2600 Longhorn Blvd #102 •512- 835.1000 - (Fax) 512.832 -825 DAVIDSON DOCUMENT SOLUTIONS, INC... 8500 , 936.699 ltd kin, TX 75901 •2003 Atkinson Drive -2800 • (Fax) 936 - 699422 — ,AMxIgTX 78216 • 620 West Sunset Road • 210.822 -3500 • (Fax) 210. 826.928 TE XAS DOCUMENT SOLUTIONS Tempe, AZ 85281 • 1406 West 14th St. #102 •480- 967.3200 • (Fax) 480.967 -321 ARIZONA DOCUMENT SOLUTIONS Tyler, TX 75703 •4619 Troup Highway •903- 509.99DO- (Fax)903. 509 -990 NEW MEXICO DOCUMENT SOLUTIONS Waco. TX 76712 •6700 Woodway Drive • 254- 881 -7500 • (Fax) 254. 764 -055 SERVICE f SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This agreement shall remain in full force and effect, unless cancelled by either party in writing. This agreement may be terminated or changed at any time, by either party on thirty (30) days written notice. Customer's obligation to pay all charges, which have accrued, shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based upon the Copy Volume Level and specification provided on the reverse side of this agreement, whereas the excess cost per copy changes are payable in the arrears. 3. Davidson Document Solutions, Inc. shall provide Inspections during the contract period at appropriate intervals. Inspections may be made In conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance, adjustments. Parts damaged by misuse or carelessness will be charge to the customer In accordance with the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement will be made during normal business hours at the customer's address as show on the reverse side hereof. Should the equipment be moved to a location in a more distant zone, there may be an increase in the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any govemmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third party add-on devices, such as accounting software and hardware, coin -op box, etc. 9. This Agreement does not Cover the customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the customer software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at clients location. 10. This Agreement is not transferable by Customer, except with the written c0115e11t of Davidson Document Solutions, Inc. 11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess usage attributable to theft, misuse or sky Copies! do 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Davidson Document Solutions, Inc. are used. 14. The initial term of this agreement shall commence on the date of equipment installation. This agreement shall be automatically renewed upon expiration of the initial period, for successive renewal terms at the standard published service rates, in effect at the time of applicable renewal. 15. Davidson Document Solutions, Inc. would setup and configure a total of 5 stations at the time of the initial sale installation. Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.) 16. Shipping charges for consumables supplies will be billed separately, plastic waste toner bottles are a permanent part of your machine and are to be reused. The customer will be char ed for replacement bottles. 9 Vol. /,re pg,�S�� I COPIER MAINTENANCE ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361 -4294 SOQ Request No. 2013 -70 Page 1 of 7 Pages GENERAL REQUIREMENT FOR CONTRACT 1, Greag Modisette as a duly authorized representative of Texas Document solutions "Contractor" willingly attest to perform (or deliver) as per Attachment "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. MAINTENACE/SERVICE AGREED TO Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Attachment "A ". Contractor agrees to provide service in a timely manner with no less than a four (4) hour response time. Maintenance will be performed during business hours in accordance with the location of the department where the copier is located. Business hours may vary depending on the location of the copier. For all maintenance or service required on any of the listed copiers, it is required that only original equipment manufacturer (OEM) parts be used for replacement of parts. Toner and staples will be provided for the Contractor for the life of this contract to include any future renewals or extensions, ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -70 Page 2 of 7 Pages County, Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the'submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. SOQ Contlnuatlon Sheet SOQ Request No. 2013 -70 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce, a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor, When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice, Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice.for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior. to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive. No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items, Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede, GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 at seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be filly governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. F l. 9�. p9 '' SOQ Continuation Sheet SOQ Request No. 2013 -70 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein. prohibits a Contractor from submitting multiple bids for different products or services. SEVERABIIdTY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County s satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must fLmish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA© (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -70 Page S of 7 Pages $1,000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a S 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissions Court/Risk Management. (3) Automobile Public Liability Insurance with a S 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMPPATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter, into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens ,on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations'). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment.. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN MMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability tinder any theory of law for the actions of the Contractor in providing services hereunder. Vol. Ye Pg. SOQ Continuation Sheet SOQ Request No. 2013 -70 BRAZOS COUl1'TY, TEXAS Page 6 of 7 Pages NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: Kinze Storm 979 - 775 -5500 729 East Villa Maria #500 Bryan, Tx.77802 Greaa Modisette 936 - 699 -2800 Calvin Jackson 979- 775 -5500 ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or, construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time .periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. SOQ Continuation Sheet SOQ Request No. 2013 -70 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with,this contract. INDEMMFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos- County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect flanished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: Typed Name: Title: VP of East Texas Operations Company Name: Texas Document Solutions phoneNo.979- 775 -5500 936 - 699 -2800 Email Address: gmodisette @texdocsol.com Mailing Address: 724 East Villa Maria #500 .Bryan, Texas 778_02 P. O. Box or Street ►► II City state Zip Employer Identification Number: Approved by Commissioner's Court on this day of 2013 by holding the position of Vol. Pg. pg. eN Oa Sm CL) icu lu 14 -,t 4n Zi Z 0 P Ldt 2 p 7 J ry .j 0 0 (n 0 M (n Z Z' w Z w U u 0 t U 0 Cl 0 0 !! U to X N z 2 W Z r), 41 Ott ZI v 65 in tn p W4 CY cu cj xv Al-41 M MW! O'NO M — T', 4TFl_*Z(, 114ROMMU'Ro. MIRA= o" pg. eN Oa JI o P2 k: OJ' T Brazos County Purchasing �r g P 200 S. TX AVE., SUrrE 352 BRYAN, TX 77903 PHONE (979) 361 -4290 FAX (979) 3614293 BRAZOS COUNTY BID/RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: November 12.2013 BID NUMBER: 2014 -11 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Stall Shavings and Pellets REQUESTING DEPARTMENT: Expo Complex APPROVAL SIGNATURE: Duane Peters—, Uounty Judge DATE APPROVED: Item e I , tl 1 1; 1: 1� 1 11 C E- 1 11 1! z 2, 2 2: 2' 2; A 71 21 r. N 3' 3: BID TABULATION 2014-01 November 19, 2013 through November 18, 2014 ffiftM "INK EJU COAr,PR '. T Fo , .1: , 2 439%l1WW KNUMM a,.. BIO To We River F.N. PLOCH LOCATION RATES ESTIMATED Paring Corp. CONSTRUCTION GALISO YO SO YD Johnson City, TX Bryan. TX New Bnunlels, TX 0.46 95,644 2.049 2.590 -. -1.840 I 0.50 29,207 2.084 1.190 1.781) PCT I 0.44 48,081 1957 2.320 1:710 l 0.46 49,941 1999 2.320 .1.760 i 0.46 19 754 2.049 2.590 - 1.910 0.50 178,882 2084 2.190 .1.780 PCT 0.44 160,254 1.957 2.32D 1..140 0.46 25,771 1.999 2.320 :1.760 1 0.46 0 0.000 D000 ". 0.000 PCT 3 0.50 0 0.000 D.000 0.600 0.44 0 0.000 0.000 0.01)0 0.46 D 0.000 0.000 •0.000 0.46 13,510 2.049 2.580 - ,'.1.840 ` 0,50 0 0.000 0.000 !0000 PCT OA4 152,266 1.957 2.320 :1,740 0.46 11,068 1.999 2.320 x:1.760 Total 781,211 $1,567,959.97 61,819,353.11 $1,38195396 OA6 95,614 2.049 2.591) '1.800 0.50 29,207 2.084 2.190 1.870 , PCT 1 0.44 48AB1 1.957 2.320 1.800 0.46 49,844 1.989 2.320 1.820 - 0.46 18751 2.049 2.590 '1.900 0.50 178,862 2081 2.190 1.840 PCT 2 a." 160,254 1.957 2.320 1.800 0.46 25,771 1.999 2.320 :. 1.820 0.46 0 0901) 0.000 0.000 PCT 0.50 0 0.000 DODO O.ODO 0.44 0 0.000 0.000 ,0.000. 0.46 0 0.000 0.000 01000 '. 0.46 13,510 2.049 2.590 - 1900 PCT 0.50 0 0.000 0.000 0000 0.44 152256 1.957 2.320 - .1.800 0.46 11,068 1.999 2.320 - 1 .820.:: TOTAL: 0.40 781,211 $1,667,95997 f1,819,353.1f0 $1,428,826820 Grand Total 1,562,421 1 3,135,919.94 $3,838,70612 :: sn 42,810,780.59 RECOMMENDATION: Primary: Fred A. Ploch ndary: None Court day by ad yCo Issl on this o7 .x2013 w y olding the position of V zq INVITATION TO BID SEAL COAT FOR BRAZOS COUNTY ROADS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2014 -01 Bryan, Texas 77803 Page l of 12 Pages Telephone (979) 361 -4294 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 a.m., Tuesday. November 12, 2013, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning November 19, 2013 through November 18. 2014 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. C. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. Vol. / 9 d Pg..�✓�v� Bid Continuation Sheet Bid Request No. 2014 -01 BRAZOS COUNTY, TEXAS Page 2 of 12 Pages 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the .contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) C. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. Vol. _ / y Pg.0 k- Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages Bid Request No. 2014 -01 Page 3 of 12 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if vendor wants to remain on vendor list and receive future bid notifications. 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County web site; Brazos Valley V o Py. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages Bid Request No. 2014 -01 Page 4of12 Online Bidding System (www.brazosbid.cstx.¢ov) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The successful offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County, 25. If sample testing is required, Brazos County will perform test through a third party. Vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. 26. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding.the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. In the event the Supplier is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Supplier's Vui. l d pg. , __ — Bid Continuation Sheet Bid Request No. 2014 -01 BRAZOS COUNTY, TEXAS Page 5 of 12 Pages control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub - contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages C. SPECIAL PROVISIONS D. Bid Request No. 2014 -01 Page 6 of 12 All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. Vendor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4, Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. Material Safety Data Sheets and Placards must be famished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employers Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL with Brazos County named as an additional insured. C. Comprehensive Automotive Liability with single limits of $1,000,000 for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. Vol. / 9d Pg.o2��7 Bid Continuation Sheet Bid Request No. 2014 -01 BRAZOS COUNTY, TEXAS Page 7 of 12 Pages 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. E. BONDING REQUIREMENTS 1. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% if the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMOPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. F. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity: /%( 00 / Contact: Phone: 7 "( %i — / A5 Email: Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages G. CompanylEntity: Contact: _J O%1 A . JOi1�N S , Phone: q7R- gaa Email: Company/Entity: / J( bo r" Email: Bid Request No. 2014 -01 Page 8 of 12 T..1 lr��/�• C�- J.rcTJ� 1. All work shall be done in accordance with plans, drawings, and specifications and in the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best accepted practices of each craft concerned, and at all times workmanship shall be subject to inspection and approval of the County through the County Engineer. 2. Quantities are estimated utilizing "DMI ". It is the Contractor's responsibility to check quantities which will be approved by the County Engineer. Quantities will be verified by Contractor before work begins. Square yards will include radius and cut -de- sacs. 3. The Contractor will get prior approval for all stock pile sites for construction in writing, with the County Engineer's approval, prior to stock piling materials. 4. All material(s) will meet Texas Department of Transportation Standard specifications for construction of highways, streets and bridges, 2004 or latest edition. S. All signs, lights and barricades shall be in accordance with the Texas Manual on uniform traffic control devices, 2006 or latest edition. 6. All flagmen shall be equipped with communications devices (I.E., 2 -way radios, etc). 7. The Contractor will furnish all labor, material and equipment to complete the work. (Light pneumatic roller on -- q pg. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages Bid Request No. 2014 -01 Page 9 of 12 8. CRS -2P or CHFRS -2P will be used unless otherwise approved in writing by the County Engineer. Coverstone will be as shown on bid unless otherwise approved by the County Engineer in writing. 9. The Contractor shall furnish samples of materials to the County for testing prior to application to the roadway. The County shall, at any time during construction, perform random testing throughout the construction period. 10. The Contractor shall have access to a minimum of four (4) 10 -yard dump trucks, or six (6) 5 -yard dump trucks. 11. The Contractor will have a distributor with the capability of applying 22' minimum width. 12. Overweight trucks will NOT be permitted to supply the chip spreader. 13. Start date will be June 1 st. All work is to be completed within thirty (30) working days of start date. Date may be adjusted with the County Engineer's approval. Contractor will be required to remain on the project until al l work is complete. 14. Aggregate rate for second or more seal: ICY /110SY for Grade 4 and ICY /95SY for Grade 3. 15. All excess /unused material shall be removed from all work site areas within thirty (30) days or it will become property of Brazos County. 16. Plans are "estimated projects and quantities" and subject to change. 17. The Contractor shall have a minimum of 12 "Loose Gravel" signs posted throughout construction. 18. After a pass is made with the chip spreader, all bare asphalt will be covered immediately and all excess rock piles on roadway are to be knocked down and scattered. 19. No sealing on Saturdays unless approved by the County Engineer. 20. Some roads may require sweeping with a vacuum broom (especially roads in subdivisions). 21. Payment will be for the actual square yards sealed as agreed between the Contractor and the County Engineer. 22. Should any damage to the county's property or any surrounding privately owned property be caused by the general contractor or sub - contractor, the general contractor will be responsible for the repairs. The county may, however, elect to make repairs and /or Vol.. Bid Continuation Sheet Bid Request No. 2014 -01 BRAZOS COUNTY, TEXAS Page 10 of 12 Pages replace damaged property and deduct the cost from monies due, or to become due, to the contractor. 23. All subcontractors must be approved by the county engineer and Brazos County. G.I. QUOTATION LOCATION RATES(CRS -2P) EST.SO.YD. PRICE /SO.YD. Precinct 1 0.46 Gal /SY 0 a 1. Ty L Gr 4 Lightest 0.46 Gal/SY 95,644 $ i • 2. Ty B Gr 3 Limestone 0.50 Gal/SY 29,207 $ (. 18 3. Ty B Gr 4 Limestone 0.44 Gal/SY 48,081 $ (• 9 4. Ty B Gr 4 Limestone 0.46 Gal/SY 49,844 $ ! 7 t Precinct 2 0.46 Gal/SY 13,510 9 5. Ty L Gr 4 Lightwt 0.46 Gal/SY 16,754 S f 6. Ty B Gr 3 Limestone 0.50 Gal/SY 178,882 S 1 7 7. Ty B Gr 4 Limestone 0.44 Gal /SY 160,254 S j t y 8. Ty B Gr 4 Limestone 0.46 Gal/SY 25,711 $ l G� Precinct 3 9. Ty L Gr 4 Lightwt 0.46 Gal /SY 0 $ 10. Ty B Gr 3 Limestone 0.50 Gal/SY 0 $ 11. Ty B Gr 4 Limestone 0.44 Gal/SY 0 $ 12. Ty B Gr 4 Limestone 0.46 Gal/SY 0 $ Precinct 4 S 13. Ty L Gr 4 Lightwt 0.46 Gal/SY 13,510 $ I • 14. Ty B Gr 3 Limestone 0.50 GaUSY 0 S 1, 15. Ty B Gr 4 Limestone 0.44 Gal/SY 152,256 $ f. "q- 16. Ty B Gr 4 Limestone 0.46 Gal/SY 11,068 $ TOTAL SY: 781,211 Total S 1,3 $r,L95�3. 9� G.2. QUOTATION LOCATION RATES(CHFRS -2P) EST.SO.YD. PRICE /SO.YD. Precinct 1 17. Ty L Gr 4 Lightwt 0.46 Gal/SY 95,644 $ 1. 9 18. Ty B Gr 3 Limestone 0.50 Gal/SY 29,207 S 19. Ty B Gr 4 Limestone 0.44 GaVSY 48,081 $ ! • k 20. Ty B Gr 4 Limestone 0.46 Gal/SY 49,844 $ 1 89- Vol. - P9, z 0 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Pages Precinct 2 21. Ty L Gr 4 Lightwt 22. Ty B Gr 3 Limestone 23. Ty B Gr 4 Limestone 24. Ty B Gr 4 Limestone Precinct 3 25. Ty L Gr 4 Lightwt 26. Ty B Gr 3 Limestone 27. Ty B Gr 4 Limestone 28. Ty B Gr 4 Limestone Precinct 4 29. Ty L Gr 4 Lightwt 30. Ty B Gr 3 Limestone 31. Ty B Gr 4 Limestone 32. Ty B Gr 4 Limestone Bid Request No. 2014 -01 Page 11 of 12 TOTAL SY: 781,211 Total $ Vol. -1Zr2 P9.-cZ_CF21 1. 4/).V. 3J&6 Z 90 0.46 Gal /SY 16,754 $ 0.50 Gal/SY 178,882 — $ 1 • 8 y 0.44 Gal/SY 160,254 $ (• Q0 0.46 GaUSY 25,711 $ 0.46 Gal /SY 0 S 0.50 Gal /SY 0 S 0.44 Gal /SY 0 S 0.46 Gal /SY 0 $ 0.46 GaUSY 13,510 $ / 9 0.50 GaUSY 0 $ 1. 0.44 GaUSY 152,256 $� 0.46 Gal/SY 11,068 $ TOTAL SY: 781,211 Total $ Vol. -1Zr2 P9.-cZ_CF21 1. 4/).V. 3J&6 Z Bid Continuation Sheet Bid Request No. 2014 -01 BRAZOS COUNTY, TEXAS Page 12 of 12 Pages INVITATION TO BID 2014 -01 SEAL COAT FOR BRAZOS COUNTY ROADS CONTRACT I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY:jLGrXn 1� t1.�T�/ TYPED NAME: rr-ea A F' �oJ—, TITLE: Persid COMPANY NAME: PHONE: / i/ i i MAILING ADDRESS:/ igs 6a,cZ_45,01 / ��We, EQS f' P.O. Box or Street EMAIL ADDRESS: 4vm VENDOR IDENTIFICATION NUMBER: 7 Y ",25 ?SoZ%/ CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2014-01 By signing below, Brazos County agrees that this bid, 2014 -01, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained here By: �\ Brazos County Commissioner's Court liL J \ Date_IAg.1lb Attest: Brazos County Clerk Vol. _ �� Pg. 0Z li3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: November 19, 2013 ITEM: Consider and take action on the Minor Plat of Saddle Creek Subdivision Phase 3 Block 6, Lot 1288, 2.555 Acres Beine a Reolat of Saddle Creek Subdivision Phase 3, Block 6, Lot 128, 1.261 Acres (Called) and Phase 6, Block 6, Lot 129, 1.30 Acres (Called): (recorded Vol. 9311, Page 252 and Vol. 11640, Pg. 98/Official Records of Brazos County) 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: • Developer: Saddle Creek Partners, Ltd. • Engineer: Schultz Engineering, LLC • Surveyor: Brad Kerr Surveying, LLC SUBMITTED BY: P4"k, �� R. Alan Munger, P. . County Engineer CC -2013 This Request is [ APPR 'E APPROVED BY: ,- Lloyd Wassermann Commissioner Precinct 1 ] by Duane Peters, County 11 bgli3 Date F77/fD Pg.-4 G Court 2S Application for Development Office use only. Bruns County Subdivision and Development Regulations Brims County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77903 (979) 822 -2127 Master Plan V Final Plat ✓ Re -Plat f Amending Plat Property Dtncrlptlon Road LOC11100: Ynu4e Oaks Dave Legal Description: , Jam., C S(Wevdle Lceyuo. A 21e Subdivision Description Subdivision Name: Sadder creek Sucd 111101 - Phase 3 Black 6 Lat c zfin Total number of lots: n Total Acreage: 2 555 Property Owner Darer name($): 6ievo s h .e a Ka �, Current malting address: 53o9 vvnre4e oars a. Phone number(&): Applicant or Authorized Agent, Engineer or Surveyor Name and Addrm- saddle Crest Panne,.. LTD -uL xrenm. Pao e.nMaee Dave. Ca e4e sumo. U 228x5 Phone number(e% SMm 255 Name and Address: Sclwnt E LLC - Joe SMWC 2730 LangNm D a S b A Ca a Saran iM nN5 Phone oumber(s): 979 -764 -3400 Application Is for Residential (,n Mobile Home Park () Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? t7 (yes/no) Admowledgmeet The flood heard boundary maps and odor hood dats umd by Grams County in evaluating flood ham,b to pmpmed &WdOpmena. art ooruldued wonable and awuatc 1x regulatory pmpoaes and ere bead om err ben available KiuiG fie a d mrinoains dam On rare occ sionn greyer foods ran and will oonrr and Band heights maybe trcteed by met-oade or mural Issuance of a Plmdplain Perotr in socadrtie with nix Bums County Flood Damage Prevention Or&tueoe don mot imply dot derelop,ernt ouUWe the iris of special flood heard will be Pee Pan flooding or Rood damage hroartee of a parch dull not oate Ilawlty on the pat of Bnms County or any officer a employe of Goan County in rha even) flooding a flood damage doer near. is part or all of the property within an EfJ of a City? Yos (yes/no) Will any construction occur in TxDOT right-of-ways? (yes/no) Application Cheek List: Copies oC[i_)shed plat with corrections (if any): W 9 copies to Brazos County [[❑ One (t) copy to Brazos County Health Dept. f0 One (1) copy to Brazos County 911 // 0 One (1) copy to local Water District or Company Letters of approval (to be seat by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health Dept —For onsite sewage evaluation. tJ� P ❑ Letter from Brazos County 911— For road tames. a Letter from Water District or Company. — Sluing water availability, etc.. If property is within an BTJ of a city: E Approval notification from appropriate city. Applicant attest OW they have signed this application in the capacity designated, if any, and flutba attests that they have read document aid the statement contained herein and any attached ate true and factual. All epplicmts are ettcouraged to review the County Regulations prior to any plat submittal. It u understood that this application is not finished or dated until all documents listed above are filed at the Brazos County Eag" Ot9ce and all M11 anka am filled in the application above. \'C, 'J' //- /?,13 Applicant$ SigTwm Daft County Witriess Due Vol. Pg. Ot G�J BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Hopes Creek Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. SUBMITTED BY: Joe IV Salvato Right of Way Agent This request is / ,w BY: Lloyd viassermann Commissioner Precinct 1 / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: � U I q 113 Lp_ g aZGG Vol. �Q 2l TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTRICT [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 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 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 HOPES CREEK ROAD 60' Bored tacked YES Driven Cased YES Facility to Parallel County Road Within Ri in Of Wav CONSTRUCTION TYPE 36" Diameter 3/8" wall Thickness Material Specification CARB ON STEEL Maximum Operation Pressure 125 PSI 20" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING 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 60 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 pg..Z(s% 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 jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility jar damages andlor 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 injunctive relief exist and that Brazos County is entitled 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 discretion 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 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 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 14 hours of beginning construction shall constitute grounds jar 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. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. T W INN@ W INN PEC.COM WELLBORN SUE) Company Name STEPHEN CAST By: Signature GENE MANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip 979 690 -9799 Phone Number —wsud.sc@verizon.net Email: vol. _ /f v �t�..168' 1�. f y� A SHEET 1''S' x 4 S, v\�13 ��S 2� \4 nA \� 2" oo 0 50 STATE N IN N= 10,189,407.4 87' E= 3,547,823.9 \ \ �\C�� 20" JOINT DI RESTRAINED SCALE: 1 " =50' PIPE i:�nm� =SUD ::WELLBORN =CROSSING OF AND AND BORE 60 & INSTALL %'� ('y, '•:7p. L. F. OF 36" STEEL CASING %• .. ooNsrxucrau,uc F ; 18l1Li R T. V,'I`IN.1R. 1 lo�l��l EXISTING GRADE 320 320 4' 1 315 315 BORE 60 & INSTALL STEEL L.F. OF 36" CASING 310 x v x 4 Ka T 310 W O .O ap 00 C + + ♦ + V +; + + O O O Oy 0 W 00 4 a d daq 1~h N N N 2 dd j r. " p,p. SHEET 1''S' x ',, ° W, k- w: wnmvxaE eawrtxe i:�nm� =SUD ::WELLBORN =CROSSING OF AND AND W ooNsrxucrau,uc F ; 1 CTS \01 -WE \ROAD CROSSING \HOPES CREEK RD.DWG 4 v y � yy E a a 1 $ ! 0 . Jill 1 � C• E�6y °� i Al E 17 I y I �iE I III pE? E f Ili e' o w 3 z � f 7 e ■ems yWy u W i .Ea NO a yo :h pit Jill, I 1 i E I � ° 1 UM Vol -- /L pg,-Alo R E y_ 5 TEMPORARY TRAFFIC CONTROL PLAN HOPES CREEK RD WATER LINE CROSSING BRAZOS COUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Hopes Creek Road 1250' north of Trotter Lane in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices ( MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot.state.tx.us/business/manuals publications htm). The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application l — Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" ( MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 6H -1. but. - ��l%_ Pg• .M-- figure 6N-f. Wbrk Beyond Me Sha A*r(TA•f) droll x + +., Role Sea tat8e 6162 W me mean ng of symbols. -astzj 1'A'SGn SFeH, Sae�i�ps AIPM Fee;i 0 ar feet 90 35 lw a0 32 -s 60 4W ma ac a MI as YO Typical Application t 6117 Vol. 9 d Pg._ !PP 3 i 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 //- 13 -.2N3 except as noted below: (Month/Day/Year) EXCEPTIONS: No Brazos County Engineer _ S ure Title I& Vol. - /y_� pg. 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 perrttittee shall take precautions to avoid damage to property. All County Right of Way anc 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 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 overnight, 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 performrin road ri ht -of -wa Pg.•? 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. 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 designated locations based upon the type 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' feet or greater of right of way shall be installed within of utility. The locations shall be as follows: (measured 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. Vol. .1 e Pg., % 4 _ 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. ff, 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 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. Vol. pg. 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 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. 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 Pineline (below deenest ditch arade) 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. 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. 2'1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under North Dowling Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. SUBMITTED BY: Jo J4, Salvato Right of Way Agent APPROVED BY: 1— 6fz W Z dt�, kv zf, Lloyd Wassermann Commissioner Precinct 1 This request is eAPJMIOVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: I 1111'1 0 Fol.� P9•_ -'/- TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTRICT [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 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 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 Depth Distance Bored Jacked Driven Cased ' N. DOWLING ROAD SO' YES I I YES Facility to Parallel County Road Within Riaht -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 30" Diameter 3/8" wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 17,5 PSI 18" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said constriction /work within 60 working days. (COMPANY MUST FILL RS). If such construction is not begun by the 60th day, Company will be required to apply for a new permit. I 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 upI on 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 Vol. /9d Pg. Z�Z' 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 constructionlof 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 (i.e. depth, location, etc), Company assumes all financial responsibility for damages amUor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. i 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 entitled 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 discretion of Brazos County, for interests of public health, safety or welfare, or for jaiJure 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 sel forth herein, the County may such action as it deems appropriate to compel compliance. The County Engineer further retains the right lore this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 14 hours of beginning 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 to the conditions /provisions included in this permit. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. TW INN@ W INNPEC.COM WELLBORN SUD Company Name STEPHEN CAST By: Signature GENERAL NAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip 979 690 -9799 Phone Number —wsud.sc@verizon.net Email: IVol. /J�P: \PROJECTS \Oi- WE\ROAD CROSSING\N. DOWLING RD.DWG I �X 0L C FOa 4c f SCALE: 1 " =50' / 18" DI RESTRAINED JOINT PIPE STATE PLANE COORDINATE N= 10,190,138.7 • �,\\ BORE & INSTALL 80 L.F. OF 30" Cr E= 3,551,297.5 STEEL CASING c. 7, 1, 'v ?LyLTcR T. l "�Ii1N, 1P / .'312T9 EXISTING GRADE I I 315 3151 a' I 310 3101 BORE & INSTALL 80 L.F. OF 30" 305 ST EL CASING = `moo o 305. p N M ff no O C O OOZ ih in0 NM SHEET roman? N. DOWLING 1 i.w WELLBORN SLID ROAD CROSSING OF WINN P110FE991N ENGINEERS lAND D .s�,rsoa ,mac" 1 CONSTRUCTORS. UL fkm I17W IVol. /J�P: \PROJECTS \Oi- WE\ROAD CROSSING\N. DOWLING RD.DWG Vol. /!?0 Pg.3 Mrs E� is 1 eE \ 1 y r IN Odd 1 J t. E iE '�3 r i] ,$ r r y Oct W r(,� rr I r �It tR' 16a l" i e r. Sa�z 7 7e ► �ti I uu df i'Id It i $ li�iii I , r !r j I r ] r! Yu N•MS� ; r r G Vol. /!?0 Pg.3 TEMPORARY TRAFFIC CONTROL PLAN N DOWLING RD WATER LINE CROSSING BRAZOSCOUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of North Dowling Road 2250' southeast of Hopes Creek Road in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www. dot. state. tx. us / business /manuals rublications.htm). The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance wrath the conditions described in the MUTCD under Typical Application I — Work Beyond the Shoulder. One sign with the legend `UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 6H -1. Figure 6H.1. Work Beyond the ShoulderaA.1) 3. ee,1 1S I .Sj^^1rr6�n r x j t A. We See iacl -M 2 1d the m ,Mq W sYmbeft ted '%' t spe bW'r.Ss FMa a• Lean iN 35 ISO < 24 e XU 4i $b b0 500 CD 55 500 as GOD 85 No Typical Application 1 611.7 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 &- 13' Z&O except as noted below: (Month/Day/Year) EXCEPTIONS: No�y� Brazos County Engineer aturc BW Title Vol. y!' . P, 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. 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. A Safety Requirements 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 overnight, requires s2ecific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performegin the read Fight of r 'S"'i —� Vol. / 90 P9. ,Z rX 2. Plan must be attached to the permit and kept at thejob site any time work is being performed. 3. Plan must set forth the time of completion for thejob. D. Design Standards L 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'. 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 P 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. 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. 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. 90 Pgo�, 9 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's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. L Vol. _� Pg. ;290 F. Repairs to existing facilities 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 his been obtained. G. Relocation of utilities 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 I. All utility Permits for high pressure pipelines controlled access or non - controlled access information in the description of the permit. - diameter (generally 60 PSI or greater), whether pertaining to installations, should contain the following additional -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 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. Pg. % I BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Rock Prairie Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 1. SUBMITi'ED BY: Jo h. Salvato Right of Way Agent APPROVED BY: r_' a,-- Lloyd Vassermann Commissioner Precinct 1 This request is APPROVED IED 0 by Commissioners' Court Duane Peters, County Judge DATE: I I I C! 1 3 Vol. /t% pg. •. /� 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 DISTRICT [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 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 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 Crossin TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased ROCK PRAIRIE ROAD 70' YES YES Facility to Parallel County Road Within Right -Of -Way CONSTRUCTION TYPE 30" Diameter 3/8" Wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI 18" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60a' 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 VJ1. 7J- 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 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 float if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates float requisites for injunctive relief exist and that Brazos County is entitled 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 discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, orfor 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 right to revoke this Permit by verbal notification to the Applicant/Contpany. Failure to obtain this permit and/or nolify 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. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WiNN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. T WINN@ W INNPEC.COM WELLBORN SUD Company Name STEPHEN CAST By: �, ,Oe Signature GENERA ANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip 979)690 -9799 Phone Number _wsud.sc @verizon.net Email: VII. �� -__ 18" DI RESTRAINED x QO' JOINT PIPE OQ P Q/Q ' 0 50 SCALE: 1 " =50' %\• c'PO 96' a FH + STATE PLANE COORDINATE BORE &INSTALL • 70 L.F. OF 30" STEEL CASING. N= 10,188,585.0 y E= 3.554,127.3 - ,- • .,,T.::.1'c:}:•. ':�' �"'';9u-,� jjjj VIRLTEP, T. P11...... l� 1D �•� EXISTING GRADE--: 295 4' 1 295 290 290 BORE & INS ALL 70 L.F. OF 0" STEEL CASING 285 ° 0 o �W 285 1 m in } + O O O O + O + O I x I VUp ROCK PRAIRIE SHEET 9ws >� SUD WELLBORN ROAD CROSSING OF' WINN PROFESSIONAL ENGINEERS FrsN s9J"'ns WJU ."1mpx.can m,rrue CONSTRUCTORS, LLC \PROJECTS \01 -WE \ROAD CROSSING \ROCK PRAIRIE RD.DWG p • 10 1� � IQ n7 I r tl A d.� ytl .QQ• � b; i. p b 0 U 1J j is W U J 20 0U'z N� a i y OKWH � WV ca 5 mwa�J g J � � N W NJ N ( -H-H ��l�1li �1 ri t • Vol. 9 y Pg.(z TEMPORARY TRAFFIC CONTROL PLAN ROCK PRAIRIE RD WATER LINE CROSSING BRAZOS COUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Rock Prairie Road 50' northeast of North Dowling Road in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website ( www. dot.state.tx.us/business/manuals nublications.htm). The work will include boring from ditch line to ditch line beneath the roadway and open excavation outside the ditch line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1— Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 6H -1. Vol. Figure 6H -i. Work Beyond the Shouider (TA•1) Typical Application 1 611 -7 Vol. /rig Pg, Note See fade 611 -7 for me meaning of symbo6 Posted 'x "Son Speed 5"ClIcs mm ise0 o• eef 120 35 t60 AS 760 45 010 60 eQ (m ro 65 7C0 70 wo 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 r(- (3-e? ,9!3 --except as noted below: (Month/Day/Year) EXCEPTIONS: /Clc7NC ,k A z.M( 44yxvw x Braz oun En ineer " atur�ree Title von. / d pg. 00] COMMISSIONER COURT MINUTES OF NOVEMBER 19, 2013 ARE CONTINUED IN VOLUME 191 PAGE 1 Vol. / O P9•—I�/— COMMISSIONER COURT MINUTES OF NOVEMBER 19, 2013 ARE CONTINUED FROM VOLUME 190 Vol. / 9/ pg.--/- 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. I 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BNfPs) 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 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 deices, 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 Nay for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be pro vided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, 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 , pg. o? L — 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. 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. i 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 orjacked. 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 ohs Ierve pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. !� °Q 3 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 withouti 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; j 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. i 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 bttckfill 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. /,9 pg.. F. Repairs to existing facilities 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 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 t. All utility Permits for high pressure pipelines controlled access or non - controlled access information in the description of the permit. - diameter (generally 60 PSI or greater), whether pertaining to installations, should contain the following additional -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 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. y/ pg. z� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Payment — Verizon Consider and take action on Payment Authorization to Verizon in amount of $263.96 for damage claim dated July 2, 2012. Both parties have agreed to settle claim in which telephone cable was cut during construction of drainage ditch along Merka Road. Site is located in Precinct 2. SUBMITTED BY: Jo . Salvato Right of Way Agent APPROVED BY: zi/" N �► Commissioner Precinct 2 This request is � OVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge D AT E: Aq I3 — Vol. _ l f/ Pg. W/ Vendor#: 90345 Pay to: VERIZON Address: C/O Randal Fudae Law Office P O Box 60872 Oklahoma City, OK 73146 a y�, BRAZOS COUNTY Payment Authorization Division: Today's Date: 11 -14 -2013 Attach ALL supporting data such as invoices, meal and hotel receipts, airline tickets. seminar brochure(s) or syllabus. brochure(s) or syllabus, registration forms, etc. INVOICE DATE INVOICE NUMBER DESCRIPTION QUANTIT'y UNIT PRICE TOTAL 11 -11 -2013 TXPR123218 Damage Claim- Agreed Settlement 263.9 Damage Date: 07 -02 -2013 6793 Merka Road R2 -173 WO# 32539 Claim - TXPR123218 Bill - TX4TP10LJ0812 9, the requisitioner, hereby certify that the iter l and/or sevicels7 mr This rcquisirion have been or will be used exclusively for the bereft of Brazos County. They have been purchased in compliance with Section 262.021 Section 262.034 of the Locel Geverrmem Code . I further easy that I am aware of the criminal penall result from the violation of these State laws" Approved /C'ounly Auditor Pig FREIGHT TOTAL S 263.9 61 TOTAL S 263.96 Joe V. Salvato To: Frances Vaughan Subject: RE: Verizon Claim - File #994496 From: Frances Vaughan [ mailto•fvauahan(obfudaelaw.coml Sent: Monday, November 11, 2013 11:16 AM To: Joe V. Salvato; sbeach(@fudoelaw.com Subject: RE: Verizon Claim - File #994496 Good Day, Verizon has accepted your offer on claim number 994496 of (50%) $263.96. Please make your check payable to Verizon and mail to: Randal Fudge Law Office, P 0 Box 60872, Oklahoma City, OK 73146. Respectfully, Fran Vaughan From: Joe V. Salvato [ mailto :JSalvato(olbrazoscountvtx.aovj Sent: Tuesday, October 29, 2013 1:49 PM To: sbeach(dfudoelaw.com Subject: Verizon Claim - File #994496 This e-mail is in response to our discuss on the settlement of the Verizon Claim TXPR123218 which occurred on or about July 2, 2012 near 6793 Merka Road. At the time of the incident, Brazos County was in the process of reworking drainage within and along our right -of -way of Merka Road before we began our roadway reconstruction project. Utility locates were called in prior to any excavation and the Verizon lines were located. During construction, a Verizon line was cut because it was not marked correctly. Verizon's facilities were located in the back slope of the ditch and did not have sufficient cover. once the line was cut, our crews called the problem in and the Verizon line was repaired within the hour. Based on the Texas Administrative Code, Chapter 21.40, which states, underground communication facilities must be buried at least 24 inches in depth; Brazos County feels we are not liable for any damage. With that being noted, we would like to move this claim forward and get to a better understanding in the future of working with the local Verizon office to make them aware of our standards. Brazos County would like to settle this claim and offers the settlement of $263.96 as payment in full for the settlement of the Verizon Claim TXPR123218. Please let me know if this settlement is acceptable and I will begin the payment process. If you have any questions, please feel free to contact me so we can and discuss further. Sincerely, Joe V. Salvato Brazos County Road & Bridge 2617 SH 21 West Bryan, Texas 77803 Office 979 -822 -2127 ext.3033 Cell 979 -324 -4207 Fax 979 - 775 -0453 i�alvato(@brazoscounLytx.gov Vol. �9'� pg. 1 Rr'LEASE In consideration of the sum of $263.96 receipt of which is hereby acknowledged. the undersigned hereby releases and forever discharges. 14RAZOS COUNTY ROAD & BRIDGE, from all claims and demands, rights and causes of action of any kind that VI {RIZON now has or herealier may have. against BRAZOS COUNTY ROAD K BRIDGE. on aceount of: or in any way growing out of. property damage known or unknown. resulting or to result from an occurrence which happened on or about JULY 2. 2012. at or near the intersection of BC 6793 MHRKA RD & PM1179, BRYAN. I'X(Verizon Ref No. TX PR 123218). As it further consideration for said sum. claimant warrants that no promise or agreement, not expressed, has been made to claimant: that in executing this Release claimant is not relying upon any statement or representation made by the party being released or said party's agents or servants concerning the nature. extent. or duration of the damages. or concerning any other thing or matter, but is rel)'ing solely upon its ow'n judgment and knowledge. It is covenanted and agreed between claimant and releasee herein that the within release and settlement is not to be construed as an admission of liability on the part of the said releasee. Witness my hand and seal this tiwnrn w and Subscribed before me /dis d4i�day of 4,7" '. 2013 Ivn1:l1V PUblll' My commission expires: �%• ��- 9011 — ,v of / � ,2013 Kam, cjcclr�_ .Y ff. �07.�'•'FVp� @mEMV.py2111]' S, 0 3r �F \UBL cv D�a ny��' OKI�p• Vol. -- �_94- P9'—,9 - . /veri,= BILLING STATEMENT Billing Date: 08/22/2012 Bill Number: TX4TP10LJ0812 Mail Correspondence to: Bill Type: DCG CMR Claims Department Work Order: 9TS 5413 PO Box 60553 Oklahoma City, OK 73146 Questions? Call:(800)321 -4158 DESCRIPTION OF DAMAGE TYPE OF FACILITY: PLANT FACILITIES _ LOCATION: BC 6793 MERKA RD & FM 1179 RECEIVED 1"_? 0 5 2012 BRYAN, TX Damage Claim Number: TXPR123218 Date of Damage /Discovery: 07/02/2012 Charge Description Hours Amount LABOR 1.00 $ 71.58 ADMINISTRATIVE COST $ 106.48 MOTOR VEHICLE COSTS $ 4.65 LOSS OF USE EXCHANGE FIBER /LOCAL LOOP 6 PAIRS DMGD $ 334.86 / 0(akp -f G &A 4 ?& S P Total Amount Due Upon Receipt $ 517.57 Please write the bill number on your check. Mail bottom stub with your payment to address below. in : *e event year chec'< for payment of your Verizon Comc.cnica LOOS bill is re.urned by your bank for insuf::cien: or vccollected funds. Verizon ray resubmit your ..beck electrcnically :o your bark for payment from your checking account. \/verizon SPECIAL PROJECTS BILLING BRAZOS COUNTY ROAD & BRIDGE 2617 SH 21 W BRYAN, TX 77803 Claim Number TXPR123218 Bill Number TX4TP101,30812 Total Amount Due $ 517.57 Please Pay Upon Receipt U E n. E E Verizon c/o CMR Claims Dept P.O. Box 60553 Oklahoma City, OK 73146 513TX4TP10LJO812DCG3082220120000000000005175736 /veri Zon * * ** *NOTICE OF CLAIM * * * ** Date: 08 -22 -2012 CERTIFIED MAIL, RETURN RECEIPT REQUESTED To: BRAZOS COUNTY COUNTY CLERK 300 E 26TH STREET STE 120 BRYAN, TX 77803 CMR CLAIMS DEPARTMENT P.O. BOX 60770 OKLAHOMA CITY, OK 73146 -0770 1.666. 867.4066 CERTIFIED MAIL# 9171 9690 0935 0013 4267 88 RE: Damage to Verizon Property Verizon Claim Num. TXPRI23218 Damage/Discovery Date: 07 -02 -2012 Damage Location: 6793 MERKA ROAD, BRYAN, TX Damage County: BRAZOS Damage Amount: S517.57 Dear Sir/Madam: Please be advised that Verizon Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of BRAZOS COUNTY. Investigation has revealed that on or about 07 -02 -2012 employees or agents of BRAZOS COUNTY, BRAZOS COUNTY ROAD & BRIDGE DAMAGED A 12 PAIR BURIED VERIZON CABLE WHILE WIDENING THE ROAD in the area of 6793 MERKA ROAD, BRYAN, TX. REQUEST FOR GOVERNMENTAL NOTICE FORM If your Governmental Entity requires the completion of its own form to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper office and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on information and belief this pleader believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the insurance company, its address and the claim number assigned. If you have any questions, or need additional information, please contact me at 1- 800. 321.4158 ext 8232. Sincerely, Holly Finley CNfR Claims DEPT NOTARY Commission "SN ". ELF to .•_:;]T� d # 060114631 EXP. 11/28/14 i MEMO TO FILE On July 2, 2012 a Brazos County Road and Bridge crew was reworking the drainage within and along the right -of -way of Merka Road before we began our reconstruction project. Utility locates were called in prior to any excavation and the Verizon lines were located. During construction, a Verizon line was cut because it was not marked correctly. Verizon's facilities were located in the back slope of the ditch and did not have sufficient cover. Once the line was cut, our crews called the problem in and the Verizon line was repaired within the hour. Based on the Texas Administrative Code, underground communication facilities must be buried at least 24" in depth. At the time of the cut, the exact depth was not known, but was close to the minimum required. Brazos County felt the line was too shallow, but we have no supporting documentation. Since neither party can prove the exact depth, we have agreed to settle this claim and work towards a better understanding in the future of working with Verizon to make them aware of our standards. The line was repaired and Verizon has sent Brazos County an invoice for the repair. The total repair cost was $517.57. We felt the amount charged was excessive and disputed the amount. Verizon has agreed to settle the damage claim for $263.96 and Brazos County is acceptable to the agreed amount. V. Salvato ,.os County ROW Agent Date: l/- Vol. 9l P9._ /.2- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Barnwood Drive. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. SUBMITTED BY: Joilv. Salvato Right of Way Agent This request is APPROVED BY: Irma Cauley ' Commissioner PrecinA 4 ❑ by Commissioners' Court Duane Peters, County judge DATE: 1212) Vol. - /W-- P9.. /.3 . 30 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTRICT [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 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 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 Crossin TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased BARNWOOD DRIVE 60, YES YES Facility to Parallel County Road Within Risht -Of -Way CONSTRUCTION TYPE 36„ Diameter 3/8" wail Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI 20" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING 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 60 working days. (COMPANY MUST FILL IlS). If such construction is not begun by the 606 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 Vol. _ —_�.L— pg' A 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 fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements setforth herein (i.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 injunctive relief exist and that Brazos County is entitled 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 discretion 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 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 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 l am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. TWINN @WINNPEC.COM WELLBORN SUD Company Name _STEPHEN CAST By: Signature GENE L MANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip (9791690 -9799 Phone Number _wsud.sc@verizon.net Email: r r/ i -t; /4 Vol. _l %�__ Pg,. ROJECT \01 -WE \ROAD CROSSING \BARNWOOD DR.DWG yO^ �c^ 1 V' PO t aFF STATE PLANE COORDINATE 1 0 SD N=10,188,585.0 / E= 3,554,127.3 4G. 94/ SCALE: 1 " =50' p0 % BORE & INSTALL pp/ pQ 60 L.F. OF 36" STEEL CASING pPP EG' + 20 ". DI RESTRAINED � ': JOINT PIPE F�.: '� . :x V,'ALTE,R T. WINN, JR, `..412/9x' EXI TING GRADE 260 T 260 4, 255 255 BORE & INSTALL 60 L.F. (IF 36" STEEL CASING 250 o 0 4 zso O NH0 OD O 000 O r tiF< H N N N m N ¢ , ` su 2n;l F.a.w:nr BARNWOOD DR. SHEET z a� ° ""Tb :Se WELLBORN SUD ROAD CROSSING I OF WINN PROFESSIONAL NGINEERS ,,., AND CONSTRUCTORS, LLC Vol. _l %�__ Pg,. ROJECT \01 -WE \ROAD CROSSING \BARNWOOD DR.DWG P9 17 WIN ■nN�1 \■ rte. ■�,��- � '1■ ■N 1. i ■ ■ ■NIII ■B . --� ■■■fNi�NN ' No ■�Mill � l■111 A ■■■NM111� ■ ■ ■N ■m n■■■■ ■iii■■ ■ ■ ■ ■■■MM mmals ■■■nn 111111110, now MEN sm , ■■■NN■m\1� sums MEN P9 17 r� � f ,r. •` r PER 1± INAM HIM ID Vol. I Pg. TEMPORARY TRAFFIC CONTROL PLAN BARNWOOD DR WATER LINE CROSSING BRAZOSCOUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Barnwood Drive 50' west of Jones Road in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot.state.tx.us/ business /manuals publications.html. The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1— Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 61-1-1. Flynn 6H -1. Work Beyond the Shoulder (TA -1) Fm - F Ix •. ._L- � o NOW Sae lade 611.2 la IIW moanig o15Y:eboS. 1 —$%1Wj x'Sen I Lfss 5 60 ` 41 24, 15 ]x0 0 /W 55 SCO N OOC % 700 Typloel AppOauon 1 611 -T 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 //- /3' ``C except as noted below: (Month/Day/Year) EXCEPTIONS: /OlVic IF 14.� &W&%;< Brazos a ty Engine r ir�� rv,`> 1 ENT Title 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 pri or 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. Traic 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 overnight, requires s e ific 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; I voi. /9/ Pg. �,_ 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 I' 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. 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 orjacked. 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. /1/ P", X23 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 'N'o Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 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. 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 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. 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 erade) Special Reauirements 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. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road approximately 100' south of Turkey Creek. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. SUBMITTED BY: O J V. Salvato Right of Way Agent This request is APPROVED BY: Commissioner Duane Peters, County Judge DATE: 1I I I r'1 l i 3 Commissioners' Court pg. 31 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTRICT_ [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 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 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 JONES ROAD 50' YES YES , Facility to Parallel County Road Within RighLOf -Way CONSTRUCTION TYPE 36" Diameter 3/8" wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI 20" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th 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 he 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 Vol. 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 Engineers 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 jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (I 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 injunctive relief exist and that Brazos County is entitled 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 lime, in the sole discretion 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 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 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 gramds 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. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. T WINN@ W IN'NPEC.COM WELLBORN SUD Company Name STEPHEN CAST By: Signature GENERALL MANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip (979) 690 -9799 Phone Number _wsud.sc @verizon.net Email: - P. \P OJECTS \0I -WE \ROAD CROSSING \JONES RD. 4.DWG Vol. --Lill 9 a 1 +`4 III I + BORE & INSTALL o Im 50 L.F. OF 36" I STEEL CASING 90• u 0 50 z SCALE: 1 " =50' , I 0 20" DI RESTRAINED m o I JOINT PIPE I Of rFk STATE PLA N= 10202149.5 E`�<�r••••••,9�,e. E= 3,531,a51.s � I ' � } S'V:�LTER T. N11NN�JR, 1 • q;7,�•� 41279 �G:w.0 •�:, c, :,•v j Sjg 4 %11/110'1 EXISTING GRADE 235 235 I 4' 230 230 BORE & INSTAL 50 L.F. OF 36" 225 STEEL CASING 225 z x O x 220 �0 _� o _ U 220 q 0 ++ + +m 00 O 00 Hr r Hf NN N N VI ry P.0 JONES ROAD 4 SHEET TMMmms WELLBORN SLID ROAD CROSSING 1 OF WDIN PKOFE6 AND ENGItEER9 u+G ,�� ,� 1 CONBIFiUCTGN9, LLL nmwFaw - P. \P OJECTS \0I -WE \ROAD CROSSING \JONES RD. 4.DWG Vol. --Lill 9 a E■ ■ssBER MENNEN WREN MIN M ■■ullom �. !■■` MCI on t ON I ■ ■ ■■■ ME ON ■■■ -I■■■■ ■■■ 1■■■■■ was P■■■■■F a ... ' ' �Il! ■11111 ■ ■ ■■ I' --... n1l"■■■■ ■b'■ M■■■■■ ■wfi m■■■■■ Mani ,NONE ■; ■�ll�ll ■ ■ ■ ■■■� ■■13i■■ ■M■■,: l " ■■l1■■■■■■ ■ ■1lm ■■■� iuuuj numo ■■m■■■■ nuuuo ■■m■■■■■ ■ ■lu■■■■■ ■ ■ME ■E■ TEMPORARY TRAFFIC CONTROL PLAN JONES RD 4 WATER LINE CROSSING BRAZOSCOUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Jones Road 1.5 miles north of State Highway 60 (Raymond Stotzer Parkway) in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices ( MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www. dot. state. tx. us / business /manuals publications.htm). The work will include boring from fence line to ditch line beneath the roadway and open excavation outside the ditch and fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1— Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" ( MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 6H -1. Vol. _ % 9� pg. Figure 6H -1. Work Beyond the Shoulder (Ml) a I s x+ t + Mara WO '�AHGDa - Nole See fable 6162 for 6le moaning of symbols. Popatl x' gn •K11 IF6eS o• of 1yp 35 WO ' 2<6 ]7J I 6Ga L Wo 766 Typical Application 1 611.7 Vol �� Pg. 3J 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 L- 13 -ayt'3 except as noted below: (Month/Day/Year) EXCEPTIONS: j�oNE Q, htLA�rJ �vNffWC B Count ,ngineer 01 ature -- � �N7 Title 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. 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 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 maybe 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 overnight, 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 'roattrightrsfway; 2 Pg. _J`S 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. 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 lisied Wow; 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 V 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. F__7 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. 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. 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. Vol. - - -1 V- Pg• P -- F. Repairs to existing jacUltles 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 ojutillties 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. _ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore 1 under Jones Road approximately 1,900' north of Turkey Creek. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. SUBMITTED BY: Jok Salvato Right of Way Agent' APPROVED BY Irma Cauley--�(� Commissioner Precinct This request is ' OVED / DENIED 0 by Comtnissioners' Court Duane Peters, County Judge DATE: 11 I I CI f'13 F—I_0� / -- P9• 7 7 32 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTI [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to business in Texas, acting by and through its duly authorized representative, and hereby petitions the County E for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along 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 Crossin TYPE OF CONSTRUCTION CHECK ONE JONES ROAD 60' Bored Jacked Driven YES Cased 1 YES i Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To De th Distance i CONSTRUCTION TYPE t 36" Diameter 3/8" Wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI j 20" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. i SEE ATTACHED PLAN/PROFILE DRAWING 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 60 working days. (COMPANY MUST FILL I3). If sucb 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 Vol. 171 Pg- i i 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 constructio i n 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 even! Company faits to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. 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 ;hot requisites for injunctive relief exist and that Brazos County is entitled 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 discretion 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 sroicient 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 firrther retains the right to revoke this Permit by verbal noliftcation to the ApplicantlCompany. 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. TECHNICAL CONTACT: WELLBORN SUD WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. W INN, JR., P.E. P.O. BOX 272 LONGVIEW. TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. TWINN @WINNPEC.COM Company Name STEPHEN CAST By: Signature GENERAL MANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip (979) 690 -9799 Phone Number wsud.sc verizon.net Email: 9/ ell Vol. %I Pg. jprAROJECTS \01 -WE \ROAD CROSSING \JONES R0. 3.DWG I VIA, ♦\ ` ��� T. ♦ I 1 i f O VO G 0 50j 90 SCALE: 1 " =50' 9 20" DI RESTRAINED I STATE PLANE COORDINATE JOINT PIPE N= 10,204,097.9 !�D�"'`^ -s*�, F E= 3,530,774.6 ` y\s�'n ,rZF „F•%,,•�� V,ALTFR T. VANN, BORE & INSTALL' " ^"' •••••••-• 60 L.F. OF 36" STEEL CASING `Y`:•;.•!'trs•.;�;t• ,y i0 4I EXISTING GRADE 265 265 T— , 260 260 255 BORE —& aW,, 255' I 60 L.F. OF 36' I STEEL CASING N W 250 eIv 2 O ono 250 M IONMI M< VYYO mm I O 00 00 , V~I N f~/1 ✓�j N N 1 I'' '• , ` wY..m JONES ROAD 3 SHEET ,l • , M„!;; o» wwo WELLBORN SLID WINNPROFEML ENWNEER9 t.9old5)va! ROAD CROSSING OF AND CONSTRNCTO , LLC flrmY FM,6 Vol. %I Pg. jprAROJECTS \01 -WE \ROAD CROSSING \JONES R0. 3.DWG e _ O O ty r Vol. / 9l__ Pg. _�I TEMPORARY TRAFFIC CONTROL PLAN JONES RD 3 WATER LINE CROSSING BRAZOSCOUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Jones Road 1.8 miles north of State Highway 60 (Raymond Stotzer Parkway) in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot state.tx.us/ business /manuals publications.htm). The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1— Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 61-1-1. Figure M -1. Wwk Beyond Me SAauNer (TA -1) _ { x II s^kf. L .e3K0AD,p� . lyeaa A 7.yI Note See Table $11.2 Mr Me ineaning of symbols. >e o"SFee] 5baringf � e pi Leas 120 35 ao <e 2ee 45 320 53 4C 55 Sod Bo mo C5 I -1co 7b wo Typical Application 1 fill -7 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as accompanying drawings and notice dated r'�` f3' 241,3 except as noted below: (Month/Day/Year) EXCEPTIONS: t /4NE /if Aoltd A414160 Brazo unty Engi er Si ure Title Vol. Pg `�% by 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. 1 1 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages 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.1 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 duffing the duration of the job. All traffic control measures must follow the Texas Manusl 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 o Permittee must take such precautions and measures, including placing and displaying safety as may be necessary, in order to safely conduct the public through the project area. shall provide flagmen, signs, signals or devices necessary to provide complete safety to the 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so is 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 maybe approved by the County Engineer. i C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires 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. —/—Y/--- 1_/-- Pg. �- i 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 Depart Transportation and the pole be placed in the designated area for power specified as set 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 safety to the public. Any pole placed in violation of this requirement will be required to be i to the appropriate location at the company's expense. Exceptions may be approved by the t 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 thi 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 For high pressure gas and petroleum lines, see High Pressure Pipelines requirements lh below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rig way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and 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 designated locations based upon the type of utility. The locations shall be as follows: (ml from back of right -of -way). Power— 0 -2 feet, nominally V 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 manner as referenced in No. 3 above, however, the County Engineer or its des representative will provide final approval of each utility location. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be 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 PAVI b, be pressure grouted for the full length of the crossing if the annular space between casing and soil exceeds one (1) inch. Brazos County must be given 24 hours pressure grouting operations and have the opportunity to have an inspector on site to pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, and joints. y l Py �f9 of in area of and . of ing Bore Pits a. no pits shall remaih 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 impioved 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, dut 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. j 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 Cdunty 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. P9 Vial __ ��_ 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 its designated representative and a permit has been obtained. I G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, I 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. I H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaihing to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness 1 - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this infonnation supplied for both the carrier pipe and the casing. to be 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 Encased Pipe Less than 10' Must be covered with concrete pad at least 36" Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" 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 nan gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. 33 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Jones Road at the FM 60 intersection. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. SUBMITTED BY: e V. Salvato Right of Way Agent APPROVED BY: Irma Cauley --� Comtnissioner Precinct This request is §64MkOVED / DENIED 0 by Commissioners' Court Duane Peters, County DATE: 1 I /H//-3 9/ 5A 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 DISTRICT [company name], hereinafter referred to as "Company" a TEXAS [stare] 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 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 lacked Driven Cased JONES ROAD 110' YES YES Facility to Parallel County Road Within Ri¢hl -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 36" Diameter _3/0„ Wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI 20" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. SEE ATTACHED PLAN/PROFILE DRAWING The Company shall commence actual construction/work in good faith within 60 days from the date of said permit such shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). if construction is not begun by the 60ih 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 ent pon and used by the holder and the holder will at all times assume risk Pg e73 , 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 fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements sef forth herein (i.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 injunctive relief exist and that Brazos County is entitled 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 discretion 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 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 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 /yours 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. TECHNICAL CONTACT: WINN PROF. ENGINEERS AND CONSTRUCTORS WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. T W iNN @W INNPEC.COM WELLBORN SUD Company Name STEPHEN CAST By: Signature GENE MANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN X 77881 City State Zip _(979)690 -9799 Phone Number _wsu d. sc @verizon.net Email: '. ..I /.�'/_. P'n. _ J \° oA �9rF� �P� • v °�� ¢L 20 DI RESTRAINED \FO,�`�Di1. • JOINT PIPE d, YN 0 50 \ox 92' • \ SCALE: 1 " =50' 00 • BORE & INSTALL • \ 110 L.F. 36" OPP STEEL CASING STATE PLANE COORDINATE N= 10,202,149.5 PP E= 3,531,451.9 I& EXISTING GRA E I 295 295 4' 290 290 BORE & INSTA L 285 110 L.F. OF 3 " 285 STEEL -CASIN 0 w W 2 _ F 280 r p J O 280 a m O p 0 0 0 O ^ y�j N VI N 41 N I ME: I e _ e Yt P 10 t eh g13 VOL N i Pg. v-4 O r U 0 I i I �z0 w oc w - " a `tea w N2U �W W arz TN -i N 4 e�le TEMPORARY TRAFFIC CONTROL PLAN JONES RD 5 WATER LINE CROSSING BRAZOSCOUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Jones Road 55' northwest of State Highway 60 (Raymond Stotzer Parkway) in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot.state.tx.w/ business /manuals publications.htm). The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1— Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 6H -1. VOL /� _ Pg. i F)yun6H -1. Wwk Beyond the Shoulder (TA- 1) i _ _ `vik ilow V Note See taLw. ett 2 tar lie meaninq of symbol ,mle -A, S cn AP Ni�N _ IFee:. LOSS L 5 :0 % 2A As fq t3 }q0 5J <fU -EC wo 6i TO Boo 7 Typical Application t 611.7 Vol. Pg._sp. _� 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 %/ - /3' ow(3 except as noted below: (Month/Day[Year) EXCEPTIONS: No�cE M Vd ,dot,✓ ��N � Title 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. 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 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. 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 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 overnight, requires specific pi httg ime 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, - / pg. _ 2. Plan must be attached to the permit and kept at thejob site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards L 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 fisted 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 P 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 orjacked. 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. Vol. fl 'Z' 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 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. Vol. / mil'/ pg.-4j F. Repairs to existing facilities 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 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 ape of Pipeline (below deepest ditch erade) 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. 3'+ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 19, 2013 SUBJECT: Utility Permit — Wellborn Special Utility, District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Mumford Road. This project will help provide water services to additional customers in the area. Site is located in Precinct 4. SUBMITTED BY: Jo T. Salvato Right of Way Agent APPROVED BY: Irma Caule} --' Commissioner This request is APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County J DATE: Pg. G �— 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 DISTI [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to business in Texas, acting by and through its duty authorized representative, and hereby petitions the County E for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along 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 Crossin TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased I MUMFORD ROAD 70' YES 11 YES I i facility to Parallel County Road Within Right -Of -Way+ To CONSTRUCTION TYPE 30" Diameter 3_0, Wall Thickness Material Specification CARBON STEEL Maximum Operation Pressure 125 PSI j 18" DUCTILE IRON PIPE WILL BE INSTALLED AS CARRIER PIPE INSIDE STEEL CASING The location and description of the proposed installation and appurtenances must be fully shown on the attache,d detailed drawings. SEE ATTACHED PLAN /PROFILE DRAWING i 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h 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. i 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 ged by the holder and the holder will at all times assume risk Vol. pa, _�G i 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. i 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 jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.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 injunctive relief exist and that Brazos County is entitled 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 discretion 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 sufficient by Brazos County. i 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 notification to the ApplieamlCompany. 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. I, 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. TECHNICAL CONTACT: WELLBORN SUD Company Name WINN PROF. ENGINEERS AND CONSTRUCTORS STEPHEN CAST I WALTER T. WINN, JR., P.E. P.O. BOX 272 LONGVIEW, TX 75606 (903) 553 -0500 T. (903) 553 -0555 F. T W iNN@ W INNPEC.COM By: Signature GENERA ANAGER Title 4118 GREENS PRAIRIE RD Address WELLBORN TX 77881 City State Zip (979) 690 -9799 Phone Number _wsud.sc@verizon.net Email: G7 vol / / / ' - •o 0 p: \PROJECTS \01 -WE \R0AD CROSSING \MUMFORD RD.DWG ,�Q• DI RESTRAINED i ti JOINT PIPE JOINT / O�sO ��\ WV,S + P top � - / STATE PLANE COORDINATE N= 10.248,393.5 EOP i�4�fMr E= 3,507,720.7 ORD RD. / OxO ` 0 50 O F� •g\ ` BORE & INSTALL SCALE: 1 " =50• fLP l 70 L.F. OF 30" 1 ) STEEL CASING % . rf F.. A +� P'nLTGi T. V11YP1, !R. jo�l b�i 3 I'1 �XISTING GRADE 345 T 345 L I I 340 BO FE S INSTALL 340 -' /Ul L F-DF JO j STEEL CASING 335 0�� 335 N a o+ o i + 0 0 o I z a: O f~/1 N N N VI ?':[''w' `✓ .. w::n MUMFORD RD. SHEET' i WELLBORN SLID ROAD CROSSING MM PROFESSIQN UOINEERS AND CONSTRWYORS.uc vol / / / ' - •o 0 p: \PROJECTS \01 -WE \R0AD CROSSING \MUMFORD RD.DWG I 8�'� lil •� 1 _ 3 se i �1 •- T1= 1113i5i t 4 \ P I � I 5 fI`I I 1 ;a� 1 11 Vol. Pg..�o J i Ej0 i I I e�`f � J W0 �a a �w� 7�gy WW aN? y e . e I i li1�9.r' S�- 1 8�'� lil •� 1 _ i ae �! I 1I se °e 99 \ Vol. Pg..�o J i Ej0 i I I e�`f � J W0 �a a �w� 7�gy WW aN? y e . e I i li1�9.r' S�- 1 TEMPORARY TRAFFIC CONTROL PLAN MUMFORD RD WATER LINE CROSSING BRAZOS COUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Mumford Road 50' west of Texas Highway Old San Antonio Road in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot.state.tx.us/business /manuals oublications.htm). The work will include boring from fence line to fence line beneath the roadway and open excavation outside the fence line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application I — Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 800' from the location of the crossing as shown in the attached MUTCD Figure 61-1-1. i Fby"#H -. NbrkBrixWdwSkwAdx(TA-Q x N61e" Sae T.We61I4 tw Ine meaning 01 SyTbob '' �GSItlJ A $pn SFeea 56vi+,s NPF� ;F45eh Lou teu Y0 JS 160 <J 210 ! 45 ]70 ! 9 56 45 6 20 6l`0 o i bJ 65 r0 70 wo Typlai AppNation t 611.7 Vol. PG- T _. WATER UTILITY APPROVAL I i 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 It - (3- ,W/3 except as noted below: (Month/Day/Year) EXCEPTIONS: , Brazos ounty Engi eer i Lure G 0& /74N7 Title 0 I I 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. I 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. I 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 1 I 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. i 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. 1 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. I 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 overnight, requires s eci rc nialittime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c.. any work perforr led in the road rig t -of-way: Vol. /%/ pg.7� 2. Plan must be attached to the permit and kept at the job site any time work is being perforated. 3. Plan must set forth the time of completion for the job. D. Design Standards i 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): I 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 eased. Waterlines shall be cased if crossing under the roadway. S. 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 P Phone — 2 -4 feet, nominally 3' Gas -4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' I 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. 1 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 overnight or unattended. 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. Vol., 2T/ 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. j 10. Any installation within ten (10) feet of edge of pavement shall meet the following: j a. location must be approved by the County Engineer or his representative i 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 backlling. Any ba f ckfill 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 PER cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfact �on of the County Engineer or his representatives. f. no side or lateral tamping to fill voids tinder 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. j 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 bye 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 f i all designated wetlands and environmentally sensitive lands. E. Emergency work 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. F. Repairs to existing facilities 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. ' i G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, irepair, 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. Higir 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 i - minimum yield strength ' - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is io 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 Sa Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Encased Pipe Less than 10' Must be covered with concrete pad at least 36" Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" 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 tine that serves the final customer. Vol. pg.17 and APPLICATION FOR TAX REFUND 36 Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkwy Phone Number Bryan Texas 7781D3 979 - 361-4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISID, College Station 150, 1 F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: Owner's name TIMOTHY & CYNTHIA OTTINGER and address 3000 COCHISE CT Phone COLLEGE STATION TX 77845 Step 2: Legal Desc. ROLLING RIDGE SPACE 129RG SER # TXCTCMW992440 Describe the HUD # NTA0913412 property Address 129 RIDGEWALK Acct.# 106229 Or Tax Receipt # Step 3: Name of axi -9-111 Tax Year Date of Amount Refund amt Give the tax - gi refund Rameti Paid Re s payment information Zrefund 2013 10/15/2013 $355.41 $18.46 Tax ayer's reason for refund: OP-Overpayment Refund t0 BARBARA KIEFT 129 RIDGE WALK COLLEGE STATION TX 77845 Step 4: Sign the form "1 hereby apply for the refund of the above - described taxes and certify that the information I have given on this form Is true and correct" sign here -.r,L,- date> & —%` 2� If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas P al Code Section 37.10. Step 5: This tax refund is Approved Disapproved Tax refund Auth 'zed officer determination sign here - date - Authorlied officer of taxing untt for refund a plications over amount re wired under Section 31.11 Tax Code sign here > date > APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Win J. Bryan Pkwy Phone Number Bryan Texas 77803 979- 361 -4470 Collecting tax for (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, Ft, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: Owner's name and address ARNOLD KENNETH & DEBBY 1614 LUZA ST Phone BRYAN TX 77802.1511 Step 2: Describe the Legal Desc ROLLING RIDGE SPACE 109RH SER # MV405096 HUD # RA01165836 property Address 109 RIDGE RUN Acct.# 105673 Or Tax Receipt Step 3: Name of Taxing unit Tax Year Date of Amount Refund amt Give the tax aLtefund Payment paid Requ €ato payment information Zrefund 2013 10/14/2013 $360.02 $200.68 Tax ayer's reason for refund: OP-Overpayment Refund 101 KENNETH & DEBBY ARNOLD 1614 LUZA ST BRYAN TX 77802 -1511 Step 4: Sign the farm '1 hereby apply for the refund of the above- described taxes and certify that the information I pave give this form is true and correct," sign here — date > — _( It you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 5: This to n is Approved Disapproved Tax refund Autho ed officer determination sign here > date > Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign here > date > Vol. __ Pg._1_f _� ePPI 1(tATIION FnR TAY RFFIIND Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan PkM Phone Number Bryan Texas 77803 979.361 -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISO, Ft, F2, F3, F4, City of Kurten To apply for a lax refund, the taxpayer must complete the following: Step 1: owner's name David & Cindy Tankersel and address 302 Karen Dr Phone Lufkin Tx 75901 Step z: Legal Desc Oak Forest Space 37 Set# CRHTX5347 Describe the HUD# NTA0535546 property Address 201 KRENEK TAP RD #37 Acct.# Or Tax Receipt # 98658 Step 3: Name of Taxing unit Tax Year Dale of Amount Refund amt Give the tax of refund Payment PFD FZ�uested payment information Zrefund 2013 10/15/2013 $297.54 $22.38 Tax a er's reason for refund: OP-Overpayment Rfund to Le Ky M 8 Thuy T Cao, 201 Krenek Tap Rd Tdr 37, College Station, Tx 77840 e Step 4: Sign the form "1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this form Is true and correct" sign here> date> 49 g aol3 If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 6: Tax refund This tax refund Is Approved Disapproved Author ed officer - -- determination sign here> -- date> ' I Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign here > date > Vol. / % Pg. 961 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkwy Phone Number Bryan Texas 77803 979 - 361.4470 Collecting tax for: (taxing units) Brazos county, City of Bryan, City of College Station Bryan ISD, College Station ISO, F1, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: Owner's name and address DOREEN FINK 6032 W STATE HWY 97 Phone COST TX 78614 -4589 Step 2: Describe the Legal Desc. OAK CREEK SPACE 147 OAK LEAF SER # TXFL12A35001 EG 11 DEERHILL ESTATES BK HUD # RAD1187935 property Address 147 OAK LEAF Acct.# 110444 or Tax Receipt # Step 3: Name of Taxinc unit Tax Year Date of Amount Refund amt Give the tax payment information 2LIAN109 E11102131 P9i4 Zrefund 2013 10115/2013 $365.93 $13.18 Tax a Br's reason for reruns: OP-Overpayment Refund t0 DOREEN FI NK 6032 W STATE HWY 97 COST TX 786144589 Step 4: Sign the form '1 hereby apply for the refund of the above - described taxes and certify that the Information I hwAen on this form Is true and correct." ,.; t n,y M,- If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felmy under Texas Penal Code Section 37.10. Step 5: Tax refund determination This taz relu Nloproved Disapproved Author/4d officer sign here r ' Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sig n here> date> E� I /9J 00 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Win J. Bryan Pkw} Phone Number Bryan Texas 77803 979- 361 -4470 Collecting lax fa: (taung units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kuden To apply for a tax refund, the taxpayer must complete the following: Step 1: Owner's name BIGLEY DAVID PAUL 1564 BENNETT ST and address BRYAN, TX 77802 Phone Step 2: LegalDesa MH SERIAL# 1PTX8627TX, LABEL# NTA0982997 Describe the FRANCIS OUCTA -199, TR -24 -2 property Address 5649 N FM 2038 Acct .# Or Tax Receipt # 109116 Step 3: Name of Taxing unit Tax Year Date or Amount Refund amt Give the tax payment - of —ref-Ung eumgnt Paid R ues e information Zrefund 2013 10/14/2013 $379.52 $10,95 Tax er's reason for refund: OP-Overpayment Refund t0 MCKETHAN KELLEY D CALOWELL, 5649 N FM 2038, BRYAN, TX 77808 Step 4: Sign the term ti "1 hereby apply for the refund of the above-described taxes and certify that the information I ave given on this form is true and correct" sign here', I M, r � 1 If you make a false Wtement on this application, you could be found guilty of a Class A misdemeanor or a stale Jail felony under Texas Penal Code Section 37.10. Step 5: Taxrefund This tax refund is pproved Disapproved Authoriz officer determination sign here> date> 1 Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign here > date > Vol. �� j� ADDI If`ATIAAI CAD TAY QFFIIIJII Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkwy Phone Number Bryan Texas 77803 979 -3BI -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, Fi, F2, F3, F4, City of Kunen To appiv for a tax refund, the taxpayer must Complete the following: Step is Owner's name UNIVERSITY TITLE CO. and address PO BOX DT Phone COLLEGE STATION TX 77841 -5079 Step 2: Describe the Legal Desc. MOBILE HOME SERIAL # 00059811949A LABEL # PFS0517245 DEERHILL ESTATES BK 2 LT-6 property Address 874 DEER HILL DR Acct.# 338942 or Tax Receipt # Step 3: Name of Taxlnc urtit Tax Year Date of Amount Refund amt Give the tax payment ofrlfund EUMAM 122151 RNA-StAd information Zrefund 2013 10115/2013 $264.11 $18.35 s reason for refund: OP-Overpayment V t0 UNIVERSITY TITLE CO PO BOX OT COLLEGE STATION TX 77841 -5079 Step 4: Sign the form "1 hereby apply for the refund of the above -described taxes and certify that the Informatl giver/on tiais (on is rue and correct" si h "here date If you make a false statement on this application, you could be found gushy of a Class A misdemeanor or a state jail felony under Texas Penal Code section 37.10. Step 6: This tax refund is A Quad Disapproved Tax refund Authorized officer determination s nhere> date> A prized offlc f xing unit for refund a licatlons over amount required under SecNV31.11TaxC e si n here date > __ /11 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkwt Phone Number Bryan Texas 77803 979- 361 -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan SID, College Station ISD, F1, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: O mer•sname DAISY ESPINOZA and address 920 CLEARLEAF # 269B Phone BRYAN TX 77803 Step z: Legal Dew 0AKWC00 MHC SPACE 269 -B SER # 2K531624 Describe the HUD # L000046259 Address 111 RIDGE OAK P property Acct.# 94249 or Tax Receipt If Step 3: Name of Taxina unit Tax Year Date of Amount Refund amt Give the tax pf refund Pdyment Paid R sl d payment information Zrefund 2013 10/15/2013 $211.93 $21.74 Taxpayer's reason for refund: OP-Overpayment Refund tOl DAISY ESPINOZA 920 CLEARLEAF # 2696 BRYAN TX 77603 Step 4: Sign the form I hereby apply for the refund or the above - described taxes and certify that i the information I have given on this farm is true and correct' signhere >� .�, h 1 date>6`'�1/ — 7- ws If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 6: This tax refund is Approved r I Disapproved r ) Tax refund Authorized officer determination date > sign > orized office f xing unit for r ucations over amount required under 2Aut Sedto 1.11 Tax C -- sign here > date> GPPI ICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkw) Phone Number Bryan Texas 77803 979 - 3614470 Collecting tax for (taxing units) Brazos County. City of Bryan, City of College Station Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kuden To apply for a tax refund, the taxpayer must complete the follow in : Step 1: Owner's name BEATRICE MAR71NEZ $ RAMIRO TIRADO JR and address 7531 DEER CROSSING DR Phone BRYAN TX 77807 -8440 Step 2: Legal Desc. DEER CROSSING BLOCK 2 LOT 7 ACRES 1 Describe the SER # 4330735518A HUD # TEX0227990 property Address 7531 DEER CROSSING DR Acct .p 25721 or Tax Receipt # Step 3: Name of Taxing unit Tax Year Cate of Amount Refund amt Give the tax of refund m n pad a es ed payment information Zrefund 2013 10115/2013 $161.55 $9.28 Taxpayer's reason for refund: OP-Overpayment Refund t0 CLAYTON HOMES 1340 N EARL RUDDER FRWY BRYAN TX 77808 Step 4: Sign the form "1 hereby apply for the refund of the above - described taxes and certify that the information IID ivs far is true and correct." sign here > date > If you make a false 54fterrignt on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 6: This tax refund is LrApproved Disapproved Tax refund Authorized officer determination sign here> tlate> A odzed office If tax g unit for refund lications over amount required under SeM 1.11 Tax a -� sign here> Vol. / 9,1 �s ` Aaal fCATi[]N FnR TAX REFUND Collecting Office Name Brazos County Tax Office 300 E. Wrn J. Bryan Pkwy Phone Number Bryan Texas 77803 979 - 361 -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must eon lete the FoRovirfrill Step 1: Owner's name and address FIVE NINE SEVEN LIMITED PARTNERSHIP 2591 EAST PIONEER DR Phone IRVING TX 75061 Step 2: Describe the Legal Desc. PRIMROSE LANE SPACE 145 SER # N62143 HUD # TEX0205397 property Address 2929 STEVENS OR # 145 Aect.# 356904 or Tax Receipt # Step 3: Give the tax Name of it ina and Tax Year Date of Amount Refund and of refund Pamen Payment infomration Zrefund 2013 10/15/2013 $203.99 $19.10 tax a er's reason for refund: OP-Overpayment Refund t0 FIVE NINE SEVEN LIMITED PARTNERSHIP 2591 EAST PIONEER OR IRVING TX 75061 -8920 Step 4: Sign the farm '1 hereby apply for Ih f of the a -described taxes and certify that the Information a is form is t sign(here If you make a false' statement an this Vipu6ston, you could be found gulay of a Class AMSdemeanor or a state ail felo der Texas al Code Section 37.10, Step 6: Tax refund This tax refund is [Zf�Approved Disapproved Authorized officer determination sianbe date> Autho ed office taxin unit for refund a ations over amount r uired under Section 3 . 1 Tax Co sign here > date > APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Off-ice 300 E. Wm J. Bryan Pkw) Phone Number Bryan Texas 77803 979 - 361 -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, Ff. F2, F3, F4, Cilyof Kurten To apply for a tax refund, the taxpayer must comp lete the following: Step 1: Owner's name CHACHERE MATTHEW and address 7041 FM 1960 Phone DAYTON TX 77535 Step 2: Legal Desc. SUNSET RIDGE SPACE 133 SUNSET TRL SER At CLW027484TX Describethe HUD # HWC0392201 property Address 133 SUNSET TRAIL PVT Acct# 536111 or Tax Recelpt # Step 3: Name of Taxind unit Tax Year Date of - Amount Refund amt Give the tax of refulid EUM921 L'iLdi sted payment information 2refund 2013 10/15/2013 - $619.13 $26.00 Tax ye reason for refund: OP-Overpayment Refund to MATTHEW CHACHERE 7041 FM 1960 DAYTON TX 77535 i Step 4: Sign the form "1 hereby apply for the refund of the above - described taxes and certify that the information I have given on this form is true and co rr ct:' sign hene> .date If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 5: This tax refund is A roved Disapproved Tax refund Authorized officer determination sign here> date> Aut prized office f taring unit for refund ap li ons over amount required under section .11 lax Co e date > Vol. -- �%/ Pg 177 Aonl le ATlntd CnQ TAY ar -mimn Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan Pkw) Phone Number Bryan Texas 77803 979- 38t•4470 Collecting tax for. (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kunen To apply for a tax refund, the taxpayer must complete the following: Step 1: Owner's name and address DOUGLAS FOWLER 2512 OAK CIRCLE Phone BRYAN TX 77802 Step 2: Describe the Legal Desc. SFA # 10 BLOCK 18 LOT 56 SER # 2069469303 HUD # TEX0363060 property Address 1904 NUCHES LN Acct.# 84350 or Tax Receipt # Step 3: Name of Taxing unit Tax Year Date of Amount Refuntl amt Give the tax of refund ERY01CA Raw RtmetfA payment Information Zrefund 2013 10115/2013 $299.35 $299.35 Tax a er's reason for refund: OP-Overpayment RefUnd t0 DOUGLAS FOWLER 2512 OAK CIRCLE BRYAN TX 77802 Step 4: Sign the form "1 hereby apply for the refund of the above-described taxes and certify that ' the rnfonnatim 1 h e on form is true and correct." sin e> >4 If you make a fat Aterrient on this application, you could be found gully of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step e: Tax refund detemYnation This tax refund is Approved Disapproved Authorized officer sign her date> Autho zed oKcer o la n unit for refund 11 Ions over amount required under Sectidn 1 Tax Co —Td— sign here > ate> N BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 56.1— 56.2 On this the 19th day of November 2013 at a regular meeting of the 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 19th day of November 2013 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 IS 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 19th day of November 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS By: Q "- 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 Vol. �� —P9•. Jr� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12M3 - 86.1 11/19/2013 ACCOUNTNAME �' rr rrr rr :r r rrr -� rr rrr rr r rrr -� rr rrr rr .r rrrrr —� FAuipment & IT Enhancetnent rr — Reallocation of funds to the comet accounts for the purchase of the wirelew woess points during FY 13. Vol. /9l P9. 9D— BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 12/13 - 56.2 13. Vol. / 9/ Pg. �� 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR i NO. 13/14 7.1— 7.12 On this the 19th day of November 2013 at a regular meeting of the Commissioners' Courtj the I 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 19th day of November 2013 the Court heard and approved a budget amendment for the 2013 -2014 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessityto meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the folio I ing amendment(s) to the original budget are hereby authorized, as described on the attached page(s). i ADOPTED AND APPROVED this the 19th day of November 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju ge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol, BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13114 - 7.1 iusonmdl FUNDI DIV I ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 1 11001300 1 61130000 I CR Contin enc ! 8.100.00 0100 1 36000100 1 61880000 DR Utilities - Ex 5,000.00 Of00 21002000 61880000 DR Utilities - Coon Clerk Elections 1100.00 0100 24101100 61880000 DR Utilities -1P #1 1,000.00 0100 37000100 61880000 DR Utilities -A Eztension 1000.00 i I i General Fund Contingency and Expo, Electlons, and Extension Reallocation of funds to cover for utilities cost in FY 14. i i i i voi. 9L_ Pg. 9.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13M4.7.2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.7.3 Cmtff 19 Short Vol. - 1 P9 %� -- - -- - -- �%� %G BRAZGS COUNTY, TEXAS BUDGET AMENDMENTS / 9/ 97 / 9'l �9' ,___ �_9/ / p0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 7.9 1 111 912 0 1 3 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1 3165.00 4500 63000500 80893010 DR E ui cnt- Electronic 3165.00 1 I. I I I I I I w I I Capital Pro ects i I Reallocations of funds to the correct account to purchase a radars stem for a Constable Pct. 01 vehicle. I I I I +�AYYi"tiGr�r ISBN .:.... VI W, iti�ka�tii� thus( .:isjr , " Elm m,r,Date Prepared Bjr . ; nnm Date: I 11/14/2013 p tk (( County,JUilge?APProval6uip+� .�r��`" w��`�' _ ":,Fa t "^ t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -7.10 11 /1 912 01 3 FUND DIV ACCT PROJ DPJCR ACCOUNT NAME Increase Decrease 4500 63000500 80281000 CR Equipment - Electronic 166,452.00 4500 63000500 67281000 DR E ui ment - Electronic 166,452.001 1 I I I I II I I I I i I I ll I I i Ca Ital Projects Reallocations of funds to the correct account for 52 eslates. The amount per eslate is below the $5,000 amount. i I � d Y ai j, ... �' 's #�.: ,'lDatei -P Dade:1 /,14/201 «j,.FF t•i V lCl."yv��`ir�T"..N C ^� -�'' ' "�` v !`iiiiii/ '�I,i1nn76nnrnvrilN " t#. vftF ,S]�3t'd�'"Nai.�_:.�,�.asauil nfw a•,1�'s�tilLai I j11 a:- I �i ?A,7 �9� iUz BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 7.11 11/19/2013 FUNDI DIV I ACCT PROJ IDRICRI ACCOUNT NAME Increase Decrease 3000 1 1 48028100 CR TDA - Texas Capital Fund 750,000.00 3000 561100 72590000 DR Professional Fees - Other 45.000.00 3000 561100 80175000 DR Road - Capital 705,000.00 I I I I TEI i I I I I I i TCF- Mikulin Road To look the Texas Ca ital Fund Grant awarded for FY 14. This arantwill be used to build Mikulin Road in the Texas Trian IelPark. V I i I I ; lli t .'�v� itE „F71 a' ro Pa �1 i? Datea De rtmerif' ` Prepared By ����1ay�mm - , Damp? 0AN11/14/2013; _ Coon Jud9e:KPProva� .Q:L f &� Vol ._ i -/ - Pg. /O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114. 7.12 1 111 912 01 3 111 . 111 :1 I11 —MEN 111 111 ' 11111 —NUM $� 11111® 1 +w1Y �6Y�ipy " 1 ... Ilk^PF7�ZLNI 9L"M1rR`k o p vd 3� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 19, 2013 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 Brazos Center Robinson, Jasmine New Hire Stowe, Eric Other i District Attorney Garon, Jeffrey S. Resignation Expo Fuller, Melanie Resignation Justice of the Peace Pct. 2 PI. 2 Cinque, Belinda Transfer Win Dept. Gomez, Naomi New Hire Ybarra, Alysia Transfer Win Dept. Justice of the Peace Pct. 3 Cancino, Irma Step Increase Giles, Karen Merit Runyon, Mary Merit Juvenile Coleman, Brandon Step Increase i Griddle, Steven Transfer wlin Dept. i Criddle, Steven State Stipend Cummings, Christopher Resignation Harris, Demarnae Step Increase Maldonado, Reyna Step Increase I Treasurer Candelaria, Jamie Step Increase Gonzales, Melissa Transfer From Another Dept. Perez, Laura K. Resignation Seale, Allan Step Increase 9/ /� Approved in Commissioners' Court: Novem er 013: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) / fl G " `'r" V is Brazos County Personnel Action Form +cy ; s ❑✓ Original ❑ County Judge ❑ Department Requested Effective Date: it (� (3 Budget Office Use Only: Budgeted Position 'Yes F-] No Division: Brazos Center Budgeted Dollars ,Yes E] No Division*: 36500100 Dollars Verified by Employee Name: Jasmine Robinson Budget Office: M-Yes 11 No Employee #: Verified By: NX Title: Building Attendant µ R Hire Date:"eR' Employment ✓❑ New Employee Hourly Rate /Per Pay Amt: $ Class Code: f Hourly 1106.32/ Annual Salary: $ l0 r7i t ,�YJ Position #: 4 Salary �— Pay Code: �� 1 Reinstated Employee ❑ Full -Time ❑ Part-Time ✓❑ Temporary Group: � _ Step: 7Z ._ This is a temporary budgeted position. Jasmine will be replacing Eric Stowe. Current Employee Comments: Houdy Salary Change of Status Title: Class Code: QBudget Change Department: Position #: ❑ State Stipend Hourly Rate/Per Pay Amt: $ Pay Code: Promotion Salary: $ Group: Step: ❑Annual Transfer to Another Dept. ❑ Transferw /in Dept. ❑Full -Time ❑ Part-Time ❑ Temporary Cell Phone Allowance Comments: Other (Explain in Comments) Separation Title: Class Code. Resignation Original Hire Date: Position # 4 ❑ Termination Last Day Worked: Retirement Rehire: ❑ Yes ❑ No ® Conditional (explain in Comments) ❑ Active Duty Comments: Other (Explain in Comments) .�w am - ..ri � nmo-r .w: ns, .:ssr > >.arrmcv �.rvar w:es• ' +a••� ° "y Commissioners Court Action Employee Signature �pprovad El Denied ❑ No Action Taken` Date 20 1 l /7' / 3 led this day of `gfpsdmeni F ad Signature Date 7 11.21 ` Hu County Judge's Signature Resour - Signature Dale i . rs BREWER, EYEINGTON, PATOUT & CO., LLP CERTIFIED PUBLIC ACCOUNTANTS 1803 Greenfield Plaza •Bryan, TX 77802 (979) 268 -1350 • (979) 979 - 268 -1560 www.bec cpa.com M. GLEN BREWER, CPA APRIL L. EYEINGTON, CPA J JARED PATOUT CPA KENNETH CHUMCHAL, CPA To the Board of Commissioners: Brazos County Emergency Services District #2 P.O. Box 105 Kurten, Texas 77862 MEMQERS AMERICAN INSTITUTE OF CPAs TEXAS SOCIETY OF CPAs A O ED Duane Peters Date County Judge INDEPENDENT ACCOUNTANTS' REPORT ON AGREED UPON PROCEDURES We have performed the procedures enumerated below, which were agreed to by the Brazos County Emergency Services District #2, solely to assist you with respect to the accounting records of the Brazos County Emergency Services District 42 as of and for the year ended September 30, 2012. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Procedure: We will vouch every disbursement made with the county funds recorded in the books and records of the Brazos County Emergency Services District #2 for the year ended September 30, 2012. Vouching consists of examining the invoice or statement supporting the disbursement as well as the cancelled check, if the cancelled check is available. Findings: Using the books and records provided by the Emergency Services District #2 for the year ended September 30, 2012 we agreed all corresponding disbursements to a supporting invoice and or statement. We noted two missing invoices as listed in Attachment #1, Check Vouching. Procedure: 2. We will confirm all payments made by the Brazos County Emergency Services District 92 to the Volunteer Fire Department and compare the confirmation to the amount recorded on the books and records of the Brazos County Emergency Services District #2. 171 /as" �2 ,5 Findings: Using the books and records provided by the Emergency Services District 42 we compiled all payments made to the Volunteer Fire Department, and requested confirmation from the Volunteer Fire Department that all payments were received. No discrepancies were noted. Procedure: 3. We will confirm all payments received from Brazos County and compare that amount to the books and records of the Brazos County Emergency Services District #2. Findings: Using the books and records provided by the Brazos County Emergency Services District #2 we compiled all payments received from Brazos County and requested confirmation from the County Tax Assessor's office. No discrepancies were noted. Procedure: 4. We will report any discrepancies noted. A discrepancy is described as any disbursement not supported by appropriate supporting documentation, any disbursement that does not appear to be in accordance with the approved budget or any payment received by the District that is not recorded properly or in a timely fashion. Finding: No additional discrepancies were noted. We were not engaged to, and did not conduct an audit, the objective of which would be the expression of an opinion on the accounting records of the Brazos County Emergency Services District #2. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the Brazos County Emergency Services District #2, and is not intended to be and should not be used by anyone other than the specified party. October 4, 2013 k 76 � 10 �11 + - (�� 1�/,R ' 9 K U 0 N N d N u m r1 Z c N vdl u m > J Y u d « W ( N d J O U N N N m rd Y m C O @ �Ny Q W w N m 'a c o � z a u u u 'S � C 6 d LL d y u`Ri O m m c c �N �N N N Ako U d d m u O u V 2 2 O II > V C n u o z = z V 83 N N M m N M O a C d q J T LL m LL R d r m N y b N t V Z Vol. Pg. ��� 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 INDEPENDENT AUDITORS' REPORT 1 :1LiL7 FINANCIAL STATEMENTS SEPTEMBER 30, 2012 Peters Oudge Vol. 43 TABLE OF CONTENTS Independent Auditors' Report Management's Discussion and Analysis Statement of Net Assets Statement of Activities Statement of Activities - Budget and Actual Notes to Financial Statements 1 1 1 Page No. 1 2 -3 4 5 6 7 -9 / 9/ viz 1 L_J 4500 Carter Creek Parkway, Suite 201 Bryan, Texas 77802-4456 (979) 260.9696 - Fax (979) 260 -9683. email: firm ®tdccpa.com INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. 3 Bryan, Texas 77805 Peggy Adcock,CPA Sandy Beavers, CPA Alline Briers, CPA Goy Vick Craig, CPA Kay Dobbins. CPA Emily Hogan. CPA Lyn Kuciembo, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Va rlsco. CPA Mary Joy Venuti, CPA We have audited the accompanying financial statements of Brazos County Emergency Services District No. 3 as of and for the year ended September 30, 2012. These financial statements are the responsibility of Brazos County Emergency Services District No. 3's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit -provides a reasonable basis for our opinion. ' In our opinion, the financial statements referred to.above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 3 as of September 30, 2012, and the change in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. u I 1 1 Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 2 through 3 and 6 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We' do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient, evidence to express an opinion or provide any assurance. r 1 � 4j,/c, THOMPSON, DERRIG & CRAIG, PC May 7, 2013 Woody Thompson, CPS Ronnie Craig, CPA ' Dillard Leverkuhn, CPA Andrea Derrig, CPA 1 L_J 4500 Carter Creek Parkway, Suite 201 Bryan, Texas 77802-4456 (979) 260.9696 - Fax (979) 260 -9683. email: firm ®tdccpa.com INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. 3 Bryan, Texas 77805 Peggy Adcock,CPA Sandy Beavers, CPA Alline Briers, CPA Goy Vick Craig, CPA Kay Dobbins. CPA Emily Hogan. CPA Lyn Kuciembo, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Va rlsco. CPA Mary Joy Venuti, CPA We have audited the accompanying financial statements of Brazos County Emergency Services District No. 3 as of and for the year ended September 30, 2012. These financial statements are the responsibility of Brazos County Emergency Services District No. 3's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit -provides a reasonable basis for our opinion. ' In our opinion, the financial statements referred to.above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 3 as of September 30, 2012, and the change in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. u I 1 1 Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 2 through 3 and 6 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We' do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient, evidence to express an opinion or provide any assurance. r 1 � 4j,/c, THOMPSON, DERRIG & CRAIG, PC May 7, 2013 BRAZOS EMERGENCY SERVICES DISTRICT NO.3 MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2012 DISTRICT PROFILE Brazos County Rural Fire Prevention District No. 3 was created on May 10, 1999 after a public ' election held. in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and.Health Code, Chapter 794. The District was established to provide fire,protection services to residents of the District. SB -1021, effective September 1, ' 2003, automatically converted all Waal fire prevention districts in Texas to emergency service districts. Therefore, Brazos County Rural Fire Prevention District #3 became Brazos County Emergency Services District #3 on September 1, 2003. ' Five persons are appointed by the County Judge and Commissioners Court as Emergency Service District Commissioners District #3 for two -year terms with a three- and two- person ' rotation. They function as a board with regularly scheduled meetings every third Tuesday of the month as stated by an agenda posted at the county courthouse. The District maintains Box 2681, Bryan, Texas 77805 as a working address. ' Our discussion and analysis of the District's financial performance provides an overview of the District's financial activities for the fiscal year ended September 30, 2012. Please read it in ' conjunction with the District's financial statements, which begin on page 4. FINANCIAL HIGHLIGHTS ' The assets of the District exceeded its liabilities at the close of 2012 by $349,361. The District's total net assets decreased by $25,158 for the year ended September 30, 2012. ' The District operates one bank account and has two sources of income, namely property taxes and interest earned on their deposits in a money market account. ' During 2011, the District purchased land to build a new station. The cost of the land was $100,000 and was financed with a' promissory note bearing interest at 5.021% and requiring annual payments of principal and interest in the amount of $11,209. ' The Brazos County Tax Assessor Office computes the tax information and notifies District #3 on the legal requirements. District #3 under current law is limited to a maximum tax rate of $0.03 ' per hundred dollars of taxable value. The commissioners set the 2011 effective tax rate of $0.275 for the year ended September 30, 2012. ' During 2012, the District made truck note payments of $55,000 on behalf of Volunteer Fire Department #3. I d ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2012 SUMMARIZED COMPARATIVE FINANCIAL INFORMATION Current liabilities Long term debt (net of current) 20,513 Cash and cash equivalents ' Fixed assets ' Less accumulated depreciation ' Total assets Current liabilities REVENUE Property taxes and penalties Interest income Total Revenue EXPENDITURES Appraisal district fee Administrative expenses Interest expense Depreciation expense VFD note payments Fire department operating expenses Total expenditures Excess (deficit) of revenues over expenditures Net assets, beginning of year Net assets, end of year 3 2012 $ 20,513 710,618 (153,960) $ 577,171 $ 39,801 188,009 Ow $ 48,508 710,618 (118,091) $ 641,035 $ 38,856 227,660 328,848 Long term debt (net of current) 20,513 Net assets: 349,361 Invested in capital assets, net of debt ' Unrestricted 641,035 Total net assets ' Total liabilites & net assets REVENUE Property taxes and penalties Interest income Total Revenue EXPENDITURES Appraisal district fee Administrative expenses Interest expense Depreciation expense VFD note payments Fire department operating expenses Total expenditures Excess (deficit) of revenues over expenditures Net assets, beginning of year Net assets, end of year 3 2012 $ 20,513 710,618 (153,960) $ 577,171 $ 39,801 188,009 Ow $ 48,508 710,618 (118,091) $ 641,035 $ 38,856 227,660 328,848 326,011 20,513 48,508 349,361 374,519 $ 577,171 $ 641,035 $ 180,414 $ 166,819 216 232 1 80,630 167,051 1,734 1,624 6,396 4,382 10,795 10,545 35,869 35,869 55,000 - 95,994 78,050 205,788 130,470 (25.158) 36,581 374,519 337,938 $ 349,361 $ 374,519 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF NET ASSETS SEPTEMBER 30, 2012 LIABILITIES AND EQUITY Current liabilities: Accounts payable General Fund ASSETS 39,801 Current assets: 39,801 Cash and cash equivalents $ 20,513 Total current assets 20,513 Fixed assets: 227,810 Buildings 307;585 Trucks and equipment 283,392 Land 119,641 Accumulated depreciation (153,960) Net fixed assets 556,658 TOTAL ASSETS $. 577,171 LIABILITIES AND EQUITY Current liabilities: Accounts payable $ Current portion of long -tern debt 39,801 Total current liabilties 39,801 Long -tern liabilities: Long -term debt, net of current portion 188,009 TOTAL LIABILITIES 227,810 Net assets: Invested in capital assets, net of debt 328,848 Net assets - unrestricted 20,513 Total net assets 349,361 TOTAL LIABILITIES AND EQUITY $ . 577,171 See accompanying notes to the financial statements. 4 v01__ 1 1 1 f 1 1 1 f 1 1 f 1 1 f 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITIES GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2012 REVENUES Property taxes and penalties $ 180,414 Interest income 216 TOTAL REVENUES 180,630 EXPENDITURES Appraisal district fee 1,734 Administrative expenses 6,396 Interest expense 10,795 Depreciation expense 35,869 Capital Vehicle Expense - VFD 55,000 Fire department operating expenses 95,994 TOTAL EXPENDITURES 205,788 EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES (25,158) NET ASSETS - BEGINNING OF YEAR 374,519 NET ASSETS - END OF YEAR $ 349,361 See accompanying notes to the financial statements. / �/ Pg_ //7 1 1 1 1 t 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2012 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Interest expense Depreciation expense Capital Vehicle Expense - VFD Fire department operating expenses TOTAL EXPENDITURES Favorable (Unfavorable) Actual Budget Variance S 180,414 S 175,000 S 5,414 216 125 91 180,630 175,125 5,505 1,734 1,800 66 096 2,600 (3,796) 10,795 51,600 40,805 35,869 (35,869) 55,000 S 399,401 (55,000) 95,994 94,243 (1,751) 205,788 150,243 (55,545) EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURE! (25,158) 24,882 (50,040) NET ASSETS - BEGINNING OF YEAR 374,519 374,519 NET ASSETS - END OF YEAR S 349,361 S 399,401 S 50,040 See accompanying notes to the financial statements. 6 %/ 11r BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 ' Note 1— Creation of District . . Brazos County Emergency Services District No. 3 (the District) (formerly the Rural Fire Prevention District No. 3) was created on May 10, 1999 after a public election held in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 794. The District was established to provide fire protection services to residents of the District. ' Note 2 — Significant Accounting Policies ' Basis of presentation The District's financial statements are prepared in accordance with generally accepted ' accounting principles (GAAP). The Governmental Accounting Standards Board (GASB) is responsible for establishing GAAP for state and local governments through its pronouncements (Statements and Interpretations). Governments are also required to follow the pronouncements of the Financial Accounting Standards Board (FASB) issued through November 30, 1989 (when applicable) that do not conflict with or contradict GASB pronouncements. The more significant accounting policies established in GAAP and used ' by the District are discussed below. The financial statements of the District are reported in individual funds in the fund ' financial statements. Each fund is accounted for by providing a separate set of self - balancing accounts that comprises its assets, liabilities, reserves, net assets, revenues and expenditures/expenses. ' The following fund types are used by the District: ' Genera! fund - The General Fund is the general operating fund of the District. This fund includes all the available operating revenues and accumulates reserves for future operating activities. ' Estimates ' The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect reported amounts and disclosures of assets; liabilities, revenues and expenditures. Accordingly, actual results could differ from those estimates. Vol __ I BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 ' Note 3 — Fire Protection Services . In 1999, the District entered into an agreement with the Brazos County Volunteer Fire ' Department No. 3 to provide fire protection and prevention services to the residents of the District. This continuous agreement may be terminated upon adequate written notice by either party. rNote 4 — Expenditures ' The District reimburses the fire department for operating expenses and capital equipment purchases. During the period ended September 30, 2012 the following disbursements were made by the District for expenditures by the department. ' Insurance $ 12,258 Worker.programs 1,637 ' Certification 3,451 Communications 4,050 Dues 250 ' Training 14,237 Vehicle maintenance 4,006 ' Firefighting equipment 7,717 Compliance testing 9,500 Member physicals 3,645 Capital equipment expense 17,243 Capital vehicle expense 18,000 ' $ 95,994 During 2012, the District made additional principal payments of $55,000 on debt held by the fire department above the amount budgeted.' Note 5 — Property taxes Property taxes are collected and remitted to the District by the Brazos County Tax Assessor Collector. Taxes are levied annually on October 1, and are due one half by November 30, ' and one half by June 30, or in full by January 31. Delinquent tax payments throughout the year are recognized in the year received. During the year ended September 30, 2012, the District's ad valorem tax rate was $0.0275 per $100 assessed valuation, which resulted in a tax levy of $180,296 on the taxable valuation of $655,032,142 for the tax year. t Vol �1,9 1 P g._ /o I tBRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 Note 6 — Notes Payable The District has notes payable on land and trucks as shown below. tBalance Principal Balance 9/30/2011 Payments 9/30/2012 Interest rate USDA Truck #1 $ 63,020 $ 16,817 $ 46,203 4.25% ' USDA Truck #2 103,595 14,991 88,604 4.375% GOVERNMENT CAPITAL CORPORATION - Land 100,000 6,997 93,003 5.021% iTotal $ 266,615 $ 38,805 $ 227,810 1 The debt service for fiscal years subsequent to year 2012 is as follows: ' Principal Interest 2013 39,801 9,856 2014 41,591 8,066 2015 34,534 6,265 2016 25,425 5,008 ' 2017 26,603 3,830 Thereafter 59,855 10,416 ' $ 227,810 $ 43,441 Note 7 — Fixed Assets Fixed assets are recorded at cost if purchased and fair market value if donated. Fixed assets are depreciated using the straight -line method over estimated useful lives. Depreciation expense for the year ended September 30, 2012 totaled $35,869. Note 8 — Subsequent Events ' On February 19, 2013, the titles of the fire station land and building and fire truck of VFD No. 3 were transferred to the District. Management has evaluated subsequent events ' through May 7, 2013, the date the financial statements were available to be issued. _. 9 lqq l Pg. A May 23, 2013 I Beverly Murph received a hand delivered copy of the Brazos County Emergency Service District No-3 On this date 23r° of May from Jerry Merker. / fl / IIZi5 /, 1 1 1 1 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 INDEPENDENT AUDITORS' REPORT AND FINANCIAL STATEMENTS SEPTEMBER 30, 2010, 2009 AND 2008 1020, Qrr 1 Ii`� / 9i I Z.3 t ' TABLE OF CONTENTS Page No. Independent Auditors' Report I Management's Discussion and Analysis 2 - 3 Statement of Net Assets 4 Statement of Activities 5 ' Statement of Activities - Budget and Actual 6-8 Notes to Financial Statements 9-11 1 2fiompson, Derrig & Craig, P.C. CERTIFIED, PUBLIC ACCOUNTANTS Woody Thompson, CPA /CFP 4500 Carter Creek Parkway, Suite 201 Peggy Adcock. CPA Ronnie Craig. CPA Bryan. Texas 778024456 Sandy Beavers. CPA ' Dillard Leverkuhn, CPA (979) 260-9696 - Fax (979) 2649683 Alline Briers, CPA email. firm®tdccpa.com Gay Vick Craig, CPA Kay Dobbins, CPA Andrea Derrig, CPA Emily Hogan, CPA Lyn Kuciemba, CPA James Larkin, CPA Alice Monroe, CPA Marian Rose Varisco, CPA ' INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. 3 Bryan, Texas 77805 ' We have audited the accompanying financial statements of Brazos County Emergency Services District No. 3 as of and for the years ended September 30, 2010, 2009 and 2008. These financial statements are the ' responsibility of Brazos County Emergency Services District No. 3's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes ' assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 3 as of September 30, 2010, 2009 and 2008, respectively, and the change in financial position for the years then ended in conformity with accounting ' principles generally accepted in the United States of America. Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 2 through 3 and 6 through 8 be ' presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, ' economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and ' other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 1 fir-" THOMPSON, DERRIG & CRAIG, PC ' December 2, 2011 ' 1 Vol BRAZOS EMERGENCY SERVICES DISTRICT NO.3 MANAGEMENT'S DISCUSSION AND ANALYSIS ' SEPTEMBER 30, 2010, 2009 AND 2008 DISTRICT PROFILE Brazos County Rural Fire Prevention District No. 3 was created on May 10, 1999 after a public ' election held in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 794. The District was established to provide fire protection services to residents of the District. SB -1021, effective September 1, ' 2003, automatically converted all Waal fire prevention districts in Texas to emergency service districts. Therefore, Brazos County Rural Fire Prevention District #3 became Brazos County Emergency Services District 43 on September 1, 2003. Five persons are appointed by the County Judge and Commissioners Court as Emergency Service District Commissioners District #3 for two -year terms with a three- and two - person rotation. They function as a board with regularly scheduled meetings every third Tuesday of the month as stated by an agenda posted at the county courthouse. The District maintains Box 2681, Bryan, Texas 77805 as a working address. ' Our discussion and analysis of the District's financial performance provides an overview of the District's financial activities for the fiscal years ended September 30, 2010, 2009 and 2008. Please read it in conjunction with the District's financial statements, which begin on page 4. FINANCIAL HIGHLIGHTS The assets of the District exceeded its liabilities at the close of fiscal years 2010, 2009 and 2008 by $337,938, $308,183 and $290,074, respectively. The District's total net assets increased by $29,755, $18,109 and $32,989 for the years ended tSeptember 30, 2010, 2009 and 2008, respectively. The District operates one bank account and has two sources of income, namely property taxes and interest earned on their deposits in a money market account. The Brazos County Tax Assessor Office computes the tax information and notifies District #3 on the legal requirements. District #3 under current law is limited to a maximum tax rate of $0.03 per hundred dollars of taxable value. The commissioners set the effective tax rate at $0.279 for 2009 and 2008 (for the years ended September 30, 2010 and 2009), and at $0.0285 for 2007 (for the year ended September 30, 2008). t Vol. Pg.__ /zp .I ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2010, 2009 AND 2008 ' SUMMARIZED COMPARATIVE FINANCIAL INFORMATION Cash and cash equivalents Fixed assets ' Less accumulated depreciation Total assets Current liabilities Long term debt (net of current) Net assets: Invested in capital assets, net of debt Unrestricted Total net assets Interest income Total Revenue ' EXPENDITURES Total liabilites & net assets ' Administrative expenses $ REVENUE ' Property taxes and penalties Interest income Total Revenue ' EXPENDITURES 1 2010 2009 2008 74,449 $ 57,271 $ 39,737 604,850 604,850 604,850 (82,222) (46,754) (11,286) $ 597,077 $ 615,367 $® $ Appraisal district fee $ Administrative expenses $ Depreciation expense Interest expense ' Fire department operating expenses Total expenditures ' Excess of revenues over expenditures Net assets, beginning of year Net assets, end of year 1 2010 2009 2008 74,449 $ 57,271 $ 39,737 604,850 604,850 604,850 (82,222) (46,754) (11,286) $ 597,077 $ 615,367 $® $ 83,022 $ 48,082 $ 36,078 176,117 259,102 307,149 263,525 250,948 250,337 74,413 57,235 39,737 337,938 308,183 290,074 $ 597,077 $ 615,367 $ 633,301 $ 152,363 $ 143,513 $ 128,427 435 448 803 152,798 143,961 129,230 1,503 1,519 1,334 117 498 393 35,468 35,468 10,004 13,931 15,899 14,021 72,024 72,468 70,489 123,043 125,852 96,241 29,755 18,109 32,989 308,183 290,074 257,085 $ 337,938 $ 308,183 $ 290,074 Vol. ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' STATEMENT OF NET ASSETS SEPTEMBER 30, 2010, 2009 AND 2008 ' General Fund 2010 2009 2008 ASSETS ' Current assets: Cash and cash equivalents $ 74,449 $ 57,271 $ 39,737 Total current assets 74,449 57,271 39,737 Fixed assets: Buildings Trucks 307,585 277,775 307,585 277,775 307,585 277,775 Land 19,490 19,490 19,490 Accumulated depreciation (82,222) (46,754) 11,286 ' Net fixed assets 522,628 558,096 593,564 TOTAL ASSETS $ 597,077 $ 615,367 $ 633,301 i LIABILITIES AND EQUITY ' Current liabilities: Accounts payable $ 36 $ 36 $ Current portion of long -term debt 82,986 48,046 36,078 ' Total current liabilties 83,022 48,082 36,078 Long -term liabilities: ' Long -term debt, net of current portion 176,117 259,102 307,149 TOTAL LIABILITIES 259,139 307,184 343,227 Net assets: ' Invested in capital assets, net of debt 263,525 250,948 250,337 Net assets - unrestricted 74,413 57,235 39,737 ' Total net assets 337,938 308,183 290,074 TOTAL LIABILITIES AND EQUITY $ 597,077 $ 615,367 $ 633,301 ' See independent auditors' report and accompanying notes to the financial statements. 4 1 1 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITIES GENERALFUND FOR THE YEARS ENDED SEPTEMBER 30, 2010, 2009 AND 2008 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Interest expense Depreciation expense Fire department operating expenses TOTAL EXPENDITURES EXCESS OF REVENUES OVER EXPENDITURES NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR 2010 2009 2008 $ 152,363 $ 143,513 $ 128,427 435 448 803 152,798 143,961 129,230 1,503 1;519 1,334 117 498 393 13,931 15,899 14,021 35,468 35,468 10,004 72,024 72,468 70,489 123,043 125,852 96,241 29,755 18,109 32,989 308,183 290,074 257,085 $ 337,938 S 308,183 S 290,074 See independent auditors' report and accompanying notes to the financial statements. 5 pg. i 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTTVITES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2010 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES. Favorable (Unfavorable) Actual Budget Variance $ 152,363 $ 150,017 $ 2,346 435 - 435 152,798 150,017 2,781 Appraisal district fee 1,503 (1,503) Administrative expenses 117 (117) Depreciation expense 35,468 (35,468) Interest expense 13,931 - (13,931) Fire department operating expenses 72,024 70,000 (2,024) TOTAL EXPENDITURES 123,043 70,000 (53,043) EXCESS OF REVENUES OVER EXPENDITURES 29,755 80,017 (50,262) NET ASSETS - BEGINNING OF YEAR 308,183 308,183 - NET ASSETS - END OF YEAR $ 337,938 $ 388,200 $ (50,262) See accompanying notes to the financial statements. Pg. Vol.. i3D 1 r 1 1 t 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2009 REVENUES Property taxes and penalties. Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee " Administrative expenses Interest expense Depreciation expense Fire department operating expenses TOTAL EXPENDITURES EXCESS OF REVENUES OVER EXPENDITURES NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR Favorable (Unfavorable) Actual Budget Variance $ 143,513 $ 141,128 $ 2,385 448 - 448 143,961 141,128 2,833 1,519 - (1,519) 498 - (498) 15,899 - (15,899) 35,468 - (35,468) 72,468 70,000 (2,468) 125,852 70,000 (55,852) 18,109 71,128 (53,019) 290,074 290,074 $ 308,183 $ 361,202 S (53,019) See accompanying notes to the financial statements. 7 f 1 f 1 f 1 i 1 1 1 1 1 1 i 1 1 i 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2008 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Interest expense Depreciation expense Fire department operating expenses TOTAL EXPENDITURES EXCESS OF REVENUES OVER EXPENDITURES NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR Favorable (Unfavorable) Actual Budget Variance $ 128,427 $ 128,284 $ 143 803 803 129,230 128,284 946 1,334 (1,334) 393 (393) 14,021 (14,021) 10,004 (10,004) 70,489_ 60,000 (10,489) 96,241 60,000 (36,241) 32,989 68,284 (35,295) 257,085 257,085 $ 290,074 $ 325,369 $ 35,295 See accompanying notes to the financial statements. 8 ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2010, 2009 AND 2008 iNote 1— Creation of District 1 Brazos County Emergency Services District No. 3 (the District) (formerly the Rural Fire Prevention District No. 3) was created on May 10, 1999 after a public election held in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 794, The District was established to provide fire protection services to residents of the District. 1 Note 2 — Significant Accounting Policies ' Basis of presentation The District's financial statements are prepared in accordance with generally accepted ' accounting principles (GAAP). The Governmental Accounting Standards Board (GASB) is responsible for establishing GAAP for state and local governments through its pronouncements (Statements and Interpretations). Governments are also required to follow the pronouncements of the Financial Accounting Standards Board (FASB) issued through November 30, 1989 (when applicable) that do not conflict with or contradict GASB pronouncements. The more significant accounting policies established in GA-AP ' and used by the District are discussed below. The financial statements of the District are reported in individual funds in the fund ' financial statements. Each fund is accounted for by providing a separate set of self - balancing accounts that comprises its assets, liabilities, reserves, net assets, revenues and expenditures/expenses. The following fund types are used by the District: 1 LJ Genera! fund - The General Fund is the general operating fund of the District. This fund includes all the available operating revenues and accumulates reserves for future operating activities. Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect reported amounts and disclosures of assets, liabilities, revenues and expenditures. Accordingly, actual results could differ from those estimates. Pg. -_/3.� t BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2010, 2009 AND 2008 Note 3 — Fire Protection Services In 1999, the District entered into an agreement with the Brazos County Volunteer Fire Department No. 3 to provide fire protection and prevention services to the residents of the District. This continuous agreement may be terminated upon adequate written notice by either parry. Note 4 — Expenditures The District reimburses the fire department for operating expenses and capital equipment purchases. During the periods ended September 30, 2010, 2009 and 2008, the following disbursements were made by the District for expenditures by the department. Note 5 — Property taxes Property taxes are collected and remitted to the District by the Brazos County Tax Assessor Collector. Taxes are levied annually on October 1, and are due one half by November 30, and one half by June 30, or in full by January 31. Delinquent tax payments throughout the year are recognized in the year received. During the years ended September 30, 2010 and 2009 and for the year ended September 30, 2008, the District's ad valorem tax rate was $0.0279 and $0.0285, respectively, per $100 assessed valuation, which resulted in a tax levy of $150,017, $141,128 and $128,284 on the taxable valuation of $559,455,506, $524,899,372 and $450,618,330 for each tax year, respectively. 1 i 1 10 Vol,__ P9. _ ✓3e 2010 2009 2008 Insurance $ 14,038 $ 14,630 $ 13,974 Pagers 15,889 13,584 3,986 Fire suppression equipment 2,105 9,919 1,078 Training 6,987 8,087 2,349 Fuel reimbursements 1,550 2,374 1,380 Compliance testing 5,050 5,727 - Capital equipment expense 22,900 7,949 6,400 Capital vehicle expense - 5,885 36,722 Building improvements 3,505 4,313 4,600 $ 72,024 $ 72,468 $ 70,489 Note 5 — Property taxes Property taxes are collected and remitted to the District by the Brazos County Tax Assessor Collector. Taxes are levied annually on October 1, and are due one half by November 30, and one half by June 30, or in full by January 31. Delinquent tax payments throughout the year are recognized in the year received. During the years ended September 30, 2010 and 2009 and for the year ended September 30, 2008, the District's ad valorem tax rate was $0.0279 and $0.0285, respectively, per $100 assessed valuation, which resulted in a tax levy of $150,017, $141,128 and $128,284 on the taxable valuation of $559,455,506, $524,899,372 and $450,618,330 for each tax year, respectively. 1 i 1 10 Vol,__ P9. _ ✓3e 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 1 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2010, 2009 AND 2008 1 Note 6 — Transfer of Assets In August 2007, Brazos County Precinct No. 3 Volunteer Fire Department (VFD) transferred to the District fire stations located on Elmo Weedon Road in College Station and on Mesco Drive in Bryan. The VFD also transferred the debt on the fire station on 1 Mesco Drive. The loan on that station was in the original amount of $100,000, bearing interest at 6.5 %, payable in monthly installments of principal and interest of $1,140 and maturing in April 2012. In November 2007, the VFD transferred two USDA notes to the 1 District, each bearing interest at 4.25 %. The first note balance at the time of transfer was $155,365, requires monthly payments of principal and interest in the amount of $1,602 and matures in 2017. The second note balance at the time of transfer was $122,410, 1 requires monthly payments of principal and interest in the amount of $1,589 and matures in 2015. Future maturities are as shown below: 1 Principal Interest 2011 $ 82,986 $ 8,991 1 2012 42,135 6,719 2013 33,240 5,052 2014 34,681 3,611 1 2015 27,763 2,172 Thereafter 38,298 1,824 1 $ 259,103 $ 28,369 1 Note 7 — Fixed Assets 1 Fixed assets are recorded at cost if purchased and fair market value if donated. Fixed assets are depreciated using the straight -line method over estimated useful lives. Depreciation expense for the years ended September 30, 2010, 2009 and 2008 totaled 1 $35,468, $35,468 and $10,004, respectively. Note 8 — Subsequent Events 1 In April 2011, the District purchased land on Mesco Drive for another station. To finance the purchase, the District borrowed $100,000 at 5.021 % to be repaid in annual 1 installments of $11,209 due each February from 2012 through 2023. Management has evaluated subsequent events through December 2, 2011, the date the 1 financial statements were available to be issued. 1 1 y� pg. 1 1 1 1 1 i 1 1 i 1 1 1 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 INDEPENDENT AUDITORS' REPORT AND FINANCIAL STATEMENTS SEPTEMBER 3% 2007 AND 2006 c;ounry Judge Vol. Pg. / J N q� 1 1 1 1 1 1 TABLE OF CONTENTS Independent Auditors' Report Management's Discussion and Analysis Statement of Net Assets Statement of Activities Statement of Activities - Budget and Actual Notes to Financial Statements Page No. 1 2 -3 4 5 6 -7 8 -10 /37 1 I A 4500 Carter Creek Parkway, Suite 201 Bryan.Texas 77802-4456 (979) 260-0696 - Fax (979) 260-%83 email: lim aic ccpa.com P.C. INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. 3 Kurten, TX 77862 Peggy Adcock, CPA Sandy Beavers. CPA Alline Briers. CPA Gay Vick Craig. CPA Kay Dobbins, CPA Emily Hogan, CPA Lyn Kuciembo, CPA James Larkin, CPA Alice Monroe, CPA Marian Rose Vonsco. CPA We have audited the accompanying financial statements of Brazos County Emergency Services District No. 3 as of and for the years ended September 30, 2007 and 2006. These financial statements are the responsibility of Brazos County Emergency, Services District No. 3's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those ' standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also ' includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ' In our opinion, the Financial statements referred to above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 3 as of September 30, 2007 and 2006, and the change in financial position for the years then ended in conformity with ' U.S. generally accepted accounting principles. The management's discussion and analysis and budgetary comparison information on pages 2 and ' 3 and pages 6 and 7, are not a required part of the basic financial statements but are supplementary information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of inquiries of management ' regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. THOMPSON, DERRIG & CRAIG, P.C. ' June 20, 2011 J Vol. ___1_/_ Woody Thompson.CPA /CFP Ronnie Craig, CPA Dillard Leverkuhn, CPA Andrea Derrig, CPA 1 I A 4500 Carter Creek Parkway, Suite 201 Bryan.Texas 77802-4456 (979) 260-0696 - Fax (979) 260-%83 email: lim aic ccpa.com P.C. INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. 3 Kurten, TX 77862 Peggy Adcock, CPA Sandy Beavers. CPA Alline Briers. CPA Gay Vick Craig. CPA Kay Dobbins, CPA Emily Hogan, CPA Lyn Kuciembo, CPA James Larkin, CPA Alice Monroe, CPA Marian Rose Vonsco. CPA We have audited the accompanying financial statements of Brazos County Emergency Services District No. 3 as of and for the years ended September 30, 2007 and 2006. These financial statements are the responsibility of Brazos County Emergency, Services District No. 3's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those ' standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also ' includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ' In our opinion, the Financial statements referred to above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 3 as of September 30, 2007 and 2006, and the change in financial position for the years then ended in conformity with ' U.S. generally accepted accounting principles. The management's discussion and analysis and budgetary comparison information on pages 2 and ' 3 and pages 6 and 7, are not a required part of the basic financial statements but are supplementary information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of inquiries of management ' regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. THOMPSON, DERRIG & CRAIG, P.C. ' June 20, 2011 J Vol. ___1_/_ I ' BRAZOS EMERGENCY SERVICES DISTRICT NO.3 MANAGEMENT'S DISCUSSION AND ANALYSIS ' SEPTEMBER 30, 2007 AND 2006 ' DISTRICT PROFILE Brazos County Rural Fire Prevention District No. 3 was created on May 10, 1999 after a public ' election held in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 794. The District was established to provide fire protection services to residents of the District. SB -1021, effective September 1, 2003, automatically converted all rural fire prevention districts in Texas to emergency service 1 districts. Therefore, Brazos County Rural Fire Prevention District #3 became Brazos County Emergency Services District #3 on September 1, 2003. ' Five persons are appointed by the County Judge and Commissioners Court as Emergency Service District Commissioners District #3 for two -year terms with a three- and two- person ' rotation. They fimction as a board with regularly scheduled meetings every third Tuesday of the month as stated by an agenda posted at the county courthouse. The District maintains Box 3, Kurten; Texas 77862 as a working address. ' Our discussion and analysis of the District's financial performance provides an overview of the District's financial activities for the fiscal years ended September 30, 2007 and 2006. Please ' read it in conjunction with the District's financial statements, which begin on page 4. FINANCIAL HIGHLIGHTS ' The assets of the District exceeded its liabilities at the close of fiscal years 2007 and 2006 by ' $257,085 and $15,057, respectively. The District's total net assets increasedby $242,028 and $9,764 for the years ended September ' 30, 2007 and 2006, respectively. The large increase in 2007 was due to the transfer of two fire stations, net of related debt, from the Precinct 3 volunteer fire department to the District in August 2007. The District operates one bank account and has two sources of income, namely property taxes and interest earned on their deposits in a money market account. ' The Brazos County Tax Assessor Office computes the tax information and notifies District #3 on the legal requirements. District #3 under current law is limited to a maximum tax rate of $0.03 ' per hundred dollars of taxable value. The commissioners set the effective tax rate at $0.0285 for 2006 and 2005 (for the years ended September 30, 2007 and 2006). J 1 , ; Mfr i39 L BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' MANAGEMENT'S DISCUSSION AND ANALYSIS 'SEPTEMBER 30, 2007 AND 2006. ' SUMMARIZED COMPARATIVE FINANCIAL INFORMATION ' Long term debt (net of current) Cash and cash equivalents ' Taxes receivable ' Fixed assets Less accumulated depreciation ' Total assets Current liabilities ' Long term debt (net of current) Net assets: ' Invested in capital assets,, net of debt Unrestricted Total net assets ' Total liabilites & net assets. ' REVENUE Property taxes and penalties Interest income ' Total Revenue EXPENDITURES Appraisal district fee Administrative expenses t Depreciation expense Fire department operating expenses Total expenditures . ' Excess of revenues over, expenditures Transfer of assets from VFD No. 3 ' Net assets, beginning of year Net assets, end of year W17A $ 25,448 2,904 327,075 (1,282) $ 354,145 $ 7,636 89,424 228,766 . 28,319 257,085 $ 354,145 $ 119,738 880 120,618 1,228 1,799 1,282 103,752 108,061 12,557 229,471 15,057 $ 257,085 2006 $ 13,425 1,671 $ 15,096 $ 39 15,057, 15,057 $ 15,096 $ 104,498 817 105,315 1,000 1,376 93,175 95,551 9,764 5,293 $ 15,057 I ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' STATEMENT OF NET ASSETS SEPTEMBER 30, 2007 AND 2006 1 1 LIABILITIES AND EQUITY Current liabilities: Accounts payable Current portion of long -term debt Total current liabilties Long -term liabilities: Long -term debt, net of current portion TOTAL LIABILITIES Net assets: Invested in capital assets, net of debt Net assets - unrestricted . Total net assets TOTAL LIABILITIES AND EQUITY General Fund 2007 2006 $ 25,448 $ 13,425 2,904 1,671 28,352 15,096 307,585' 19,490 (1,282) 325,793 $354® $ 15,096 $ 33 $ 39 7,603 7,636 39 89,424 97,060 39 228,766 - 28,319 15,057 257,085 15,057 $ 354,145 $ 15,096 See accompanying notes to the financial statements. 4 ' VOI. 9/ . Pg. /eAn ASSETS Current assets: ' Cash and cash equivalents Taxes receivable Total current assets Fixed assets: Buildings ' Land Accumulated depreciation Net fixed assets ' TOTAL ASSETS' 1 1 LIABILITIES AND EQUITY Current liabilities: Accounts payable Current portion of long -term debt Total current liabilties Long -term liabilities: Long -term debt, net of current portion TOTAL LIABILITIES Net assets: Invested in capital assets, net of debt Net assets - unrestricted . Total net assets TOTAL LIABILITIES AND EQUITY General Fund 2007 2006 $ 25,448 $ 13,425 2,904 1,671 28,352 15,096 307,585' 19,490 (1,282) 325,793 $354® $ 15,096 $ 33 $ 39 7,603 7,636 39 89,424 97,060 39 228,766 - 28,319 15,057 257,085 15,057 $ 354,145 $ 15,096 See accompanying notes to the financial statements. 4 ' VOI. 9/ . Pg. /eAn 1 1 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITIES GENERALFUND FOR THE YEARS ENDED SEPTEMBER 30, 2007 AND 2006 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Depreciation expense Fire department operating expenses TOTAL EXPENDITURES EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES TRANSFER OF ASSETS (SEE NOTE 6) NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR 2007 2006 $ 119,738 S 104,498 880 817 120,618 105,315 1,228 1,000 1,799 1,376 1,282 - 103,752 93,175 108,061 95,551 12,557 9,764 229,471 15,057 5,293 $ 257,085 $ 15,057 See accompanying notes to the financial statements. 5 1 1 1 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITES - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2007 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Depreciation expense Fidelity bond Fire department operating expenses TOTAL EXPENDITURES EXCESS OF REVENUES OVER EXPENDITURES TRANSFER OF ASSETS (SEE NOTE 6) NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR Favorable (Unfavorable) Actual Budget Variance $ 119,738 $ 116,557 $ 3,181 880 880 120,618 116,557 4,061 1,228 1,212 (16) 1,799 10,045 8,246 1,282 - (1,282) - 300 300 103,752 105,000 1,248 108,061 116,557 8,496 12,557 12,557 229,471 229,471 15,057 15,057 $ 257,085 $ 15,057 $ 242,028 See accompanying notes to the financial statements. 6 Vol. � pg,_ %T✓ J t 1 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 STATEMENT OF ACTIVITES - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2006 REVENUES Property taxes and penalties Interest income TOTAL REVENUES EXPENDITURES Appraisal district fee Administrative expenses Fidelity bond Fire department operating expenses TOTAL EXPENDITURES EXCESS OF REVENUES OVER EXPENDITURES NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR Favorable (Unfavorable) Actual Budget Variance $ 104,498 $ 93,148 $ 11,350 817 817 105,315 93,148 12,167 1,000 1,000 1,376 248 (1,128) - 300 300 93,175 91,600 (1,575) 95,551 93,148 (2,403) 9,764 - 9,764 5,293 5,293 - $ 15,057 $ 5,293 $ 9,764 See accompanying notes to the financial statements. r__._.....____.'.__.___�- _._ BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2007 AND 2006 ' Note 1 — Creation of District ' Brazos County Emergency Services District No. 3 (the District) (formerly the Rural Fire Prevention District No. 3) was created on May 10, 1999 after a public election held in 1999 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 794, The District was established to provide fire protection services to residents of the District. ' Note 2 — Significant Accounting Policies ' Basis of presentation ' The District's financial statements are prepared in accordance with generally accepted accounting principles (GAAP). The Governmental Accounting Standards Board (GASB) is responsible for establishing GAAP for state and local governments through its pronouncements (Statements and Interpretations). Governments are also required to follow the pronouncements of the Financial Accounting Standards Board (FASB) issued through November 30, 1989 (when applicable) that do not conflict with or contradict ' GASB pronouncements. The more significant accounting policies established in GAAP and used by the District are discussed below. The financial statements of the District are reported in individual funds in the fund financial statements. Each fund is accounted for by providing a separate set of self - balancing accounts that comprises its assets, liabilities, reserves, net assets, revenues and ' expenditures/expenses. The following fund types are used by the District: ' Genera! fund - The General Fund is the general operating fund of the District. This fund includes all the available operating revenues and accumulates reserves for future ' operating activities. Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect ' reported amounts and disclosures of assets, liabilities, revenues and expenditures. Accordingly, actual results could differ from those estimates. ' B _ Vol 171 Pg /�J 1 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2007 AND 2006 ' Note 3 Fire Protection Services ' In 1999, the District entered into an agreement with the Brazos County Volunteer Fire Department No. 3 to provide fire protection and prevention services to the residents of the District. This continuous agreement may be terminated upon adequate written notice by either party. ' Note 4 — .Expenditures The District reimburses the fire department for operating expenses and capital equipment purchases. During the periods ended September 30, 2007 and 2006, the following disbursements were made by the District for expenditures by the department. Building note payments Insurance Pagers Fire suppression equipment Training Capital equipment expense Capital vehicle expense Note 5 — Property taxes 2007 2006 $ 14,786 $ 17,067 14,214 16,291 3,065 3,600 .7,466 560 5,630 6,491 20,552 18,639 38,039 30,527 $103,752 $ 93,175 Property taxes are collected and remitted to the District by the Brazos County Tax ' Assessor Collector. Taxes are levied annually on October 1, and are due one half by November 30, and one half by June 30, or in full by January 31. Delinquent tax payments throughout the year are recognized in the year received. ' During the years ended September 30, 2007 and 2006, the District's ad valorem tax rate was $0.0285 per $100 assessed valuation, which resulted in a tax levy of $116,557 and ' $93,148 on the taxable valuation of $408,773,344 and $326,835,088 for each tax year, respectively. ' Note 6— Transfer of Assets In August 2007, Brazos County Precinct No. 3 Volunteer Fire Department (VFD) ' transferred to the District fire stations located on Elmo Weedon Road in College Station and on Mesco Drive in Bryan. The VFD also transferred the debt on the fire station on Mesco Drive. The loan on that station was in the original amount of $100,000, bearing ' interest at 6.5 %, payable in monthly installments of principal and interest of $1,140 and maturing in April 2012. At the time of transfer the debt outstanding was $97,604. - -- ._— I BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.3 ' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2007 AND 2006 ' Note 6 — Transfer of Assets (Continued) ' The value (based on tax.appraisals) and associated debt on the stations is as shown below. ' Station - 7231 Mesco Dr Land - 7231 Mesco Dr Station - 5725 Elmo Weedon ' Land - 5725 Elmo Weedon Debt - 7231 Mesco Dr. Future maturities of debt are as shown below: $ 95,345 2,240 212,240 17,250 (97,604) $ 229,471 �, ��/ X11- - Principal Interest ' 2008 $ 7,603 $ 6,083 2009 8,112 5,574 2010 8,655 5,031 ' 2011 9,235 4,451 2012 63,422 2,626 $ 97,027 $ 23,765 ' ' Note 7 — Fixed Assets Fixed assets are recorded at cost if purchased and fair market value if donated. Fixed assets are depreciated using the straight -line method over estimated useful lives. ' Depreciation expense for the year ended September 30, 2007 totaled $1,282. ' Note 8 — Subsequent Events Management has evaluated subsequent events through June 20, 2011, the date the ' financial statements were available to be issued. �, ��/ X11- -