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2014-11-25-10:00AM REGULAR MEETING
BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA N14 IGV21 P12 :I3 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 25, 2014 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. Janes and Commissioner Wassermann 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 21: 3. Resolution 14026 to add optional workers' compensation coverage. 4. Approval of Non - Profit Organization Application for Brazos County Inmate Work Crew Labor submitted by Radio M "A "S "H. 5. Payment Authorization to Perry Office Plus in the amount of $46.98 for office supplies purchased by MPO: invoices should have been paid in FY 2014. 6. Eddie Eagle Grant Application for funds used for equipment and supplies for gun safety awareness through the NRA. 7, Termination of Inter - Government Agreement between the Federal Bureau of Prisons and Brazos County. 8. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code 6263.162 and received no bids, and authorization for destruction or other means of disposal g, Consider and take action on the W ickson Creek Special Utility District utility permit to construct a 30' road bore under Hollow Heights Drive and place 175' of line along right of way. Site is located in Precinct 2. Vol. 212 Pg. L- 10. Consider and take action on the Seismic Survey License Agreement with Nicholson Services Inc, to conduct seismic surveys. Work area will only affect Weedon Loop and Treebrook Lane. All work shall adhere to restrictions as set out in Agreement. Seismic area Is located In Precinct 2. 11. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 10. inch gas pipeline under Bird Pond Road approximately 10.448' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. 12. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 -inch liquid flow line under Bird Pond Road approximately 10.440' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. 13. Consider and take action on the Apache Corporation utility permit to construct road bores for three 12. inch Poly water lines under Bird Pond Road approximately 10,432' southwest of SH 30. All three lines will be encased with 16 -inch steel pipe. Site is located in Precinct 2. 14. Consider and take action on acceptance of North Country Estates Phase Eleven 1111 into the Brazos Precinct 2. 15. Consider and take action on the Verizon utility permit to Place a 2" bore under River Road located 548' south of the northerly Intersection of Dogwood Trail and River Road. Crossing will supply phone service to customer on the east side of River Road. Site is located in Precinct 4. 16. Tax Refund Applications for the following: • a. University Title Company-overpayment-$803.82 • b. • c. RGN Services-overpayment-$19.86 Larry and Cheryl Scholze- overpayment-$6.08 • d. Brittany and Tanya Jacob - overpayment -$7.24 • e. • f. • g. • h. Dawn Dittmar-overpayment-$5.73 Allvson Hancock - overpayment -$9.06 Jvette Hoefs- overpayment$280.65 Affordable Mobile Homes-overpayment-$14.27 • L Affordable Mobile Homes-overpayment-$13.52 • 1. Affordable Mobile Homes-overpayment-$19.73 • k. • I. Debbie Branch-overpayment-$16.99 Stone Haven Management- overpayment-$18.05 • m. Mrs. Emilie Hebron-overpayment-$60.00 • n. CMH Homes. Inc.-overpayment-$37.06 17. Budget Amendments. a. Budget Amendments FY 13114 57.1 thru 57.2 b. Budget Amendments FY 14115 8.1 thru 8.4 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or Vol. 212 Pg. ` � � dismissal of county personnel. 21. Consider and possible action on Executive Sessions. 22. Sheriffs report on inmate population. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and /or concerns. 25. Adjourn. Vol. 212 Pg. v�J� 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 pubic discussions before the Court; and in all actions In the presence of the Court. Those members of the publicwho 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 meal, ethnic or gentler slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the Invocatlon 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 pamcipate in the Invocatlon and such declslon 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 77603 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) 3614102. Vol. 212 Pg. �� j BRAZOSCOUNTY BRYARTEXAS NOTICE OF ADDENDUM BRAZOS COUNTY N14 MM 21 P tt. 19 COURT Al awiv�� In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following item(s): MEETING November 25, 2014 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 S. Texas Ave., Suite 106, Bryan, Texas Agenda Letter to Greg Abbott. Governor -Elect of Texas recommending the reappointment of Phil Adams for an additional term as a member of The Texas ABM System Board of Regents. 2. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. • b. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 3. Consider and possible action on Executive Session. The Commissioners Courtroom of the County Administration Building: 200 S. Texas Ave., Suite 106, Bryan, Texas is wheelchair accessible. Handicap panting spaces are amiable. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 212 Pg. ? BRAZOSCOUNTY BRYAN,TEXAS MINUTES November 25, 2014 BRAZOS COUNTY COMMISSIONERS COURT 13XCIOI_ 7UI33iOW RU Signature Page.0 File Stamued Agenda.pdf File Stamped Addendum.pdf R Sign 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 25, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 21: Vol. 212 Pa. ; 5� 3. Resolution 14 -026 to add optional workers' compensation coverage. IM Item 3.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann . 4. Approval of Non -Profit Organization Application for Brazos County Inmate Work Crew Labor submitted by Radio M *A *S *H. R Item 4.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 5. Payment Authorization to Perry Office Plus in the amount of $46.98 for office supplies purchased by MPO; invoices should have been paid in FY 2014. M Item 5.ndf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 6. Eddie Eagle Grant Application for funds used for equipment and supplies for gun safety awareness through the NRA. IM Item 6.0 A copy of the application 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 . Termination of Inter- Government Agreement between the Federal Bureau of Prisons and Brazos County. 0 Item 7.odf A copy of the termination letter is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 8. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for destruction or other means of disposal. R Item 8.0 A list of the donated property is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann. 9. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a 30' road bore under Hollow Heights Drive and place 175' of line along right of way. Site is located in Precinct 2. 0- Item 9.odf Vol. 212 Pg. ;�-Z 6 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Consider and take action on the Seismic Survey License Agreement with Nicholson Services, Inc. to conduct seismic surveys. Work area will only affect Weedon Loop and Treebrook Lane. All work shall adhere to restrictions as set out in Agreement. Seismic area is located in Precinct 2. If: Item 10.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 11. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 10 -inch gas pipeline under Bird Pond Road approximately 10,448' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. " Item 11.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 -inch liquid flow line under Bird Pond Road approximately 10,440' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. 64 Item 12A Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 13. Consider and take action on the Apache Corporation utility permit to construct road bores for three 12 -inch poly water lines under Bird Pond Road approximately 10,432' southwest of SH 30. All three lines will be encased with 16 -inch steel pipe. Site is located in Precinct 2. Item 13.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Consider and take action on acceptance of North Country Estates Phase Eleven (11) into the Brazos County road maintenance system; the roads (Blazing Trail and Vaquero) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. rd Item 14.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 15. Consider and take action on the Verizon utility permit to place a 2" bore under River Road located 548' south of the northerly intersection of Dogwood Trail and River Road. Crossing will supply phone service to customer on the east side of River Road. Site is located in Precinct 4. R— Item 15.pdf Vol. 212 Pg. v2-�/ Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Tax Refund Applications for the following: • a. University Title Company - overpayment - $803.82 • b. RGN Services- overpayment - $19.86 • c. Larry and Cheryl Scholze- overpayment -$6.08 • d. Brittany and Tanya Jacob - overpayment -$7.24 • e. Dawn Dittmar - overpayment -$5.73 • f. Allyson Hancock - overpayment -$9.06 • g. Jyette Hoefs- overpayment - $280.65 • h. Affordable Mobile Homes - overpayment - $14.27 • i. Affordable Mobile Homes - overpayment - $13.52 • j. Affordable Mobile Homes - overpayment - $19.73 • k. Debbie Branch - overpayment - $16.99 • I. Stone Haven Management- overpayment - $18.05 • m. Mrs. Emilie Hebron - overpayment - $60.00 • n. CMH Homes, Inc.- overpayment - $37.06 t<_Z Item 16.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 17. Budget Amendments. a. Budget Amendments FY 13/14 57.1 thru 57.2 57.1 HOT Fund - to realize the venue tax collected July 1, 2014 - Sept. 30, 2014. 57.2 Reallocate funds for Jail Admin - Medical Director. b. Budget Amendments FY 14/15 8.1 thru 8.4 12 Item 17.odf 8.1 Reallocate funds for Capital Projects - Animal Control. 8.2 Reallocate funds for Capital Projects -Jail Admin. 8.3 Reallocate funds for Capital Projects - Juvenile Department. 8.4 Reallocate funds for the Brazos Center. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 18. Personnel Change of Status. Personnel Action Forms 0 Item 18.0 A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann. Vol. 212 Pg. � � 1 19. Payment of Claims. IL BILL LIST 11.25.14.1)df Ltd Claims Sheet.pdi 7127748 - 7127954 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Addendum The County Judge announced that the Court would next consider the first Addendum to the agenda as follows: Letter to Greg Abbott, Governor -Elect of Texas, recommending the re- appointment of Phil Adams for an additional term as a member of the Texas A &M System Board of Regents. On motion by Commissioner Cauley, seconded by Judge Peters the Court voted unanimously to take no action on the letter to Governor -Elect Greg Abbott. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 20. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. At this point, the County Judge announced the Court would consider items 22 through 24 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:17 a.m. the County Judge stated that the Court would convene into Executive Session as follows: Original Agenda • a. Executive Session pursuant to Section 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Section 551.074 to discuss the appointment, employment, evalusation, reassignment, duties, discipline, or dismissal of county personnel. The County Judge announced that there was no need to meet in regards to Executive Session b. Addendum Vol. 212 Pg. 0)_0 a. Executive Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records of a county employee. b. Executive Session pursuant to Section 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. The following individuals were asked to stay for the meeting Original agenda (a) William Agee, Consultant Bill Ballard, Civil Counsel Charles Wendt, Purchasing Agent Eric Caldwell, IT Director Candy Gallego, Executive Assistant Addendum (a) Bill Ballard, Civil Counsel Eric Caldwell, IT Director Jacklyn Cantu, HR Director Katie Conner, County Auditor Candy Gallego, Executive Assistant Addendum (b) Bill Ballard, Civil Counsel Candy Gallego, Executive Assistant At this point the County Judge asked Bill Ballard, Civil Counsel if he is issuing a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. Mr. Ballard responded that it was his determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person. He stated that a written determination had been issued for this same subject in a previous Executive Session. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court voted unanimously to meet in Executive session per Bill Ballard's recommendation. 21. Consider and possible action on Executive Sessions. M Addendum 2b.0 At 11:14 the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Commissioner Mallard, the Court voted to approve the settlement negotiations in the Strambler vs. Brazos County case. Commissioner Cauley voted no. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 4 -1. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members voting Nay: Cauley. 22. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 590 inmates in jail, 40 have electronic monitors and 5 are pending for monitors. 23. Announcement of interest items and possible future agenda topics. Vol. 212 Pg. Commissioner Mallard attended the CUC Conference in Houston last week. He recommends to the Court that they attend this conference in the future. 24. Call for Citizen input and /or concerns. There was no citizen's input. 25. Adjourn. Vol. 212 Pg. �roJ� The foregoing minutes of the Commissioners Court meeting held November 25, 2014 have been examined and are approved in open Court this r day of 0.111 UY,1� 2014, in Bryan, Brazos County, Texas. / /YQrr•t! UJ Cu.aw n.a...�� Duane Peters Lloyd Wassermarm County Judge in 4a Cauley Commissioner, Precinct 4 Attest: K en McQueen County Clerk Vol. 212 Pg. 2-�11 &I Commissioner, Precinct A kA Kenny Mallard Commissioner, Precinct 3 PB 00 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF ,{/, 20 _IV(' Name Organization (PLEASE PRINT) (PLEASE PRINT) i • 1 � o. Kh, T ID-A-v i S 4 A.,e wlli � C4� -T:�, 0.- 5-?6:7115 Vol. 212 Pg. �2�;7 i Pg -ofd BRAZOS COUNTY COMMISSIONER'S COURT _,z&AY OF /D:aZ) A Name (PLEASE PRINT) aril kiv14 n, , Organization (PLEASE PRINT) Vol. 212 Pg. WHEREAS WHEREAS WHEREAS Resolution To Add Optional Workers' Compensation Coverage Brazos County has entered into a contract with Texas Association of Counties (TAC) for coverage of County personnel under the TAC Risk Management Pool, hereinafter called the Pool; and the basic contract with the TAC Pool affords coverage for regular county employees, but provides for optional wider coverage by election of Commissioners' Court; and it is the desire and intent in Commissioners' Court that Volunteer — Law Enforcement & Election Personnel ( ** *Choose from list of optional coverages below * * *) be afforded coverage under the Pool. THEREFORE, upon motion made by Commissioner Wa wtob and seconded by Commissioner (i( hJtj'%0ftMajW, the following order was adopted; Officials, Volunteers — Law Enforcement, Election Personnel, and Jurors will be included for Workers' Compensation benefits under the County's contract with Texas Association of Counties Risk Management Pool. DONE IN OPEN COURT this Duane Peters County Judge Co Imissione/r~Llloyd Wassermann Precinct 1 Commissioner ny Mallar Precinct 3 ATTEST: � � K n County ** *List of Optional Coverages * ** • Elected Officials • Volunteers — Firefighters • Volunteers — Law Enforcement: 15@ $5,200 each, $78,000 total • Volunteers — Entergency Medical Personnel • Volunteers —All Others • Election Personnel: Assumed Annual Salary: $125,000 • Jurors: Assumed Annual Salary: Included in Election Personnel Precinct 4 Catalena Vol. 212 Pg. v1�9 14 -026 Ij ,ZIP -3,069 Wit Organization, Appildatl6n for County Inmate Work. Grew Labor Lara I cdrtify111at the above named I organization Is a, non.pTcOltarganization that qualities fora tax P.Nempxl6n under -Sea tloh 501(s), Internal revenue nue Coda of 1980, as an organization .described by $action 501 (c)(3),dthat code, and is organized as a nonprofit corporation under the Texas N66-Profit-6or -13 oration Act (Article 1396-1.01 et seq., VamoWs Takas avii statutes. Please proVidle a description of the type of work-thot will. be assigned and equipment that will be used. "Ndbe• *ihe'dlkicatfim.of a work crew to proVide labor for your prgarilketibn is subject RcOSW 67140$,ds '71 Vol. 212 PE. �7- / tp f3raosCounty Office of the Shodif Request fbtWork q(OW Assignment Th&B razos County Office.61"th 0 $hop 'ff has reviewed ihe apptfcaHgn for assignment of a work traw. �r The typeoflabor and task. requested is appropriAt6for Work crew assignment. It Is bdre0k requested that this applioatl6n,be plac'6d on the agenda for the Brazos County Cphtfillssionefs Court consideration of ❑ The type of labor and task ,requested' is not appropriate forwprk4 rew d6pa Q) Brazim County Commissioners Court Approval for Work Crow AssionMent. Tho. qrqxos Co Brazos County ofearilmlilonpa in Whole or In onahe Commissioners Court has received the recommendation from the ;e ihii the �t bove don 004 Of the Sherift and has determined s A public service to the county or to a political subdivision located In the county. This approval for work VrOW assignment t ". valld gnmen is. ko; proVed.bejoiiirthrough December Wtof te calendar year.. I- a n A AL Vol. 212 pg. 71 2015 NRA Foundation GENERAL Grant Application =-Zoge-, rrQ i Page 1 of 8 iLOGOUT I Fieid Staff Contact Inforn Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Pages Page 9 Page 30 Page 11 Page 12 Page 13 Save & Finish Later I ; Update Please correct the problems indicated below. e I (we) herby certify that the Information contained in this grant application is accurate. Further is a required field. You can review the Information you've provided so far and make necessary modifications here. If you're sat with the contents of the application, click SUBMIT to forward your application for consideration. If you're n- ready to submit your application yet, click Save & Finish Later. GENERAL GRANT Application Submission Printer Friendly 1 = Required before final submission The purpose of the GENERAL GRANT application is to request funding to be used for equipment, supplies competition /markmanship items for your program. If you are requesting funding to support PHYSICAL IMPROVEMENT projects to your RANGE OR FACILITY, yt utilize the NRA Foundation RANGE GRANT APPLICATION. If you are requesting PERMANENT RANGE IMPROVEMENTS click HERE To access the GENERAL GRANT GUIDELINES click HERE • I have read and understand the Guidelines for Grant Application Submission a Required before final submission APPLYING ORGANIZATION INFORMATION • From which STATE FUND are you applying for funding? TX5 South Texas) • 1. Applying Organization Name !Brazos County Sheriff = 2. Organization Street Address Please only enter the street address In this box. 1700 wen, hwy 21 = 3. Organization City a Does this city have a population of 50,000 or greater? https: / /www.grantrequest.com /SID_ 10V/pqeffiaIrp g � 1 11/18/2014 2015 NRA Foundation GENERAL Grant Application ',Aryan Ves • 4. Or anization State • S. Organization Zip code r [77803 a 6. In what COUNTY is your organization located? ;Brazos • 7. What is your organization's FEDERAL TAX ID? 146WN33 • 8. Organization Type law Enforcement ATTACHMENTS = Required before final submission Page 2 of 8 In the spaces below, please upload your organization's supporting documentation. For a visual guide and step by step directions on how to attach a document please click HERE What are examples of necessary documents? Click the blue boxes next to each attachment for a sample. = 1. IRS W9 FORM fig File Name I Uploaded Size Brazos County W -g.pdf 11/18/2014 4:46:54 PM 06KB Remove = 2. ORGANIZATION BYLAWS, RULES OF CONDUCTOR CODE OF CONDUCT go File Name Uploaded Size SheriN.doa 11/18/20144:51:05 PM 14KB Remove • 3. ORGANIZATION FINANCIAL STATEMENT [3 Hie Name Uploaded Size FY 2013 UFR.pdf 11/18/2014 4:42:32 PM 816KB Remove a4. ORGANIZATION LEADERSHIP File Name Uploaded Size 0rganlzztlon Chart.pdf 11/18/20144:48:57 PM 13KB Remove FEDERAL TAX EXEMPT STATUS a Required before final submission a Organization Tax Status Choose the IRS classification of your organization Government Aqen , department or public schoollm If you are exempt from FEDERAL TAX as a 501(c) entity, please upload your organization's IRS Determin Letter showing 501(c) status. https://www.grantrequest.com/SID_l 1VOT.efault 173 11/18/2014 Vo1.212' 9.1 — -- 2015 NRA Foundation GENERAL Grant Application 1. ORGANIZATION IRS SOI(C)_DETERMINATION LETTER ;Click Here to Upload Selected Attachments Page 3 of 8 If your organization is NOT a 501(c) Tax Exempt Organization, please proceed to page S. If your organization is a 501(c) Tax Exempt Organization and you have attached your IRS Determination I please proceed to page 6. ORGANIZATION STATE NONPROFIT STATUS e Required before final submission Is our organization INCORPORATED as a NONPROFIT organization In your state? L <NOne >LTJ If you selected YES, please upload your STATE ARTICLES OF INCORPORATION 1. ARTICLES OF INCORPORATION Click Here to Upload Selected Attachments If you are NOT incorporated as a nonprofit organization in your state (applicable to government agencies please proceed to page 6. CONTACT INFORMATION a Required before final submission Provide the information of the person who will be responsible for receiving correspondence regarding y proposal. NOTE. Ali correspondence is sent electronically (email). Please ensure your primary contact is able to receive email and respond in a timely manner. • 1. Prefix • 2. First Name a 3. Last Name Mr. •_ 'Edward Rank 4. Suffix * S. Title within organization <NOne> Come Prevention S!o clalist • 6. Street Address F7oof westhwy-i1 K 7. City a S. State a 9. Zip code https: / /www.grantrequest.com/SID_10VO ell> atpg �/, 11/18/2014 2015 NRA Foundation GENERAL Grant Application Bryan f ,]7803 a 10. Phone Number 979 -361 -4906 _, 11. Alternate Phone Number: 979.777-0920_' a 12. E -mail Address ehanklbra <oseou.W.gw 13. Alternate Email Address ted /renk09agamll.wm Please add grantprogmm ®nrahq.org to your email contact list. z Required before Heal submissbn SECONDARY CONTACT INFORMATION Please provide a backup contact for your request. Page 4 of 8 NOTE: This person will receive a copy of all correspondence regarding the application. NOTE. All correspondence is sent electronically (email). Please ensure your secondary contact is able to receive email and respond in a timely manner. " 1. Prefix = 2. First Name • 3. Last Name Randall 4. Suffix a S. Title within organization • 6. Street Address 1700 Overt hwy 21 a 7. City Bryan a 10. Phone Number 979.361.4933 11. Alternate Phone Number 979 - 36149001 • 6. State a 9. 7. code FTX 77B03 __......J a 12. Email Address bendell ®brezottonutybc.gw 13. Alternate Email Address Please add grantprogrom ®nrahq.org to your email contact list. GRANT REQUEST INFORMATION a Required before Hnal submission • 1. What Is the title of your ro'ect? State in 10 words or less the purpose of this request. Eddie Eagle costume — ✓ r;� Word count 3 of 10 https: / /www.grantrequest.c.om/SID 1p�g�pe �/ 11/18/2014 — V0,p "T2. a' 2015 NRA Foundation GENERAL Grant Application Page 5 of 8 a 2. Describe, In detail, your project or program. What are the goals and objectives of your program? What do ou ho a to accomplish? Te have the mascot to W with the gun safety educotbn program. ✓ e 3. How much does it cost to run your project or program for the year? e d_What arouns are aolna to benefit from the oroiect? How will the cell Y; from age 5 till 100 everyone needs to know about gun safety. with the popularity of concealed hand guns In Texas there are mom ✓ guns In homes than ever before. This program need to be taught M EVERYONE not just In schools. We Intend W use the mascot to gain peoples attention Men talk about gun safety. we want one In our area for all community service programs. from national night out events ;to local safety fairs. pi a S. Will your organization charge -a -fee for participation in this program? If so, how much will be them for the publids edumdgn. I ✓ .6. Provide an estimate of the number of participants who will directly benefit from this project during 2015. Enter numbers only into this field. 12000 a 7. How will you measure the Impact? Describe the criteria to be used In determining the success 13 -_ know real way to measure the Import of gun safety and how many people will be affected. If we use the mascot to walk Ina �'' ✓ with a sign hundreds of people will get the message but how on you measure that? count 45 of 500 Eagle Is an iconic figure of the NRA it presents alone gives the message that low enfortemeM bads the NRA N ✓ • 9. What is the estimated completion date of your project or program? '1U3e/2018 REQUESTED FUNDING AND MATERIALS a Required before final submission In this step, you will create a list of equipment and other needs that your organization is requesting At the end of this step, you will be provided with a FUNDING REQUEST ID, which you will enter below ALL APPLICANTS MUST use the NRA Foundation Request Development Tool to create your list of requei Each grant application will have a unique FUNDING REQUEST ID. https:// www. grantrequest .com/SID_IOP//ye�y�.mpg �� 11/18/2014 2015 NRA Foundation GENERAL Grant Application PLEASE CLICK HERE TO ACCESS THE GRANT REQUEST DEVELOPMENT TOOL Page 6 of 8 • Please enter the Funding Request ID you were given through the Request Development Tool here: GMP%RX FUNDING SOURCES OTHER THAN THE NRA FOUNDATION s Required before final submission a 1. Is this project receiving any funding from other sources besides the NRA Foundation? NO `, 2. If you answered YES to question 1, please list the other sources, Including the amounts awarded. L..__.__.____.........__.____—...__ .___......_- __..__-- ..._._..._. _._..._ u Web count O of SOO 3. Will applicant accept partial funding? Will your program be able to move forward without being . fully funded? The State Fund Committee may not be able to fully fund your request. NO ? GRANT FINAL REPORTING a Required before final submission V A Grant Final Report will be due within 30 days of project /program end date or by November 1, 2015 (whi comes first). If you do not provide a final report for your grant award within the specified time, future requests will be delayed or declined. a 1. Has our organization been awarded an NRA Foundatin grant in the past? no a 2.Has a report been filed for your prior award? FMy organization has never received support from the NRA Foundation Failure to file a final report may result In future requests from your organization being delayed or declined. CONSIDERATION AGREEMENT Required before final submission In consideration of being considered for the award of a grant from The NRA Foundation ( "Foundation "), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Applicant /Grantee hereby agrees to the following Terms and Conditions. The Applicant /Grantee understands and agrees that these Terms and Conditions are attached to and govern the distribution of any grant awarded by the Foundation to the Applicant /Grantee and shall remain in fun force and effect until such time as all requirements of the grant have been fully and completely satisfied. Terms and Conditions httpsJ/ www. grantrequest .com/SID _104$01efafl4.sLgpg. 11/18/2014 2015 NRA Foundation GENERAL Grant Application Page 7 of 8 1. Any grant awarded by the Foundation shall be used solely for the purposes set forth in the application. The ApplicantlGrantee represents and warrants that the information contained in the application is true and correct and that any grant awarded shall be used solely for a 501(c)(3) purpose. 2. The Applicant /Grantee represents and warrants that it fully understands and shall abide by the Foundation's Guidelines for Application Submission, which are attached to and incorporated into this Agreement. 3. The Applicant /Grantee represents and warrants that it is In good standing and not defunct or in default with any local, state, or federal government /agency and shall notify the Foundation if it ceases to remain so. 4. Funds not used or committed for the specified purpose of the grant or not used or committed within any time limit specified in the application, shall be returned to the Foundation. In addition, if the Applicant /Grantee dissolves, disbands, or otherwise ceases to exist or ceases to use any property or equipment obtained as a result of the grant for the purpose for which it was awarded, then the Applicant /Grantee shall contact the Foundation to arrange disposal or transfer of any usable property or equipment obtained as a result of the grant. 5. ApplicantlGrantee shall furnish written reports as required by the Foundation with respect to projects and activities financed in whole or in part by the grant, including a summary of funds expended. Such reports shall include, but shall not be limited to, an After Action Report in a form acceptable to the Foundation. 6. Grant funds shall not be used to advocate for or against any candidate for public office, to lobby or otherwise attempt to Influence legislation, or to carry on any voter registration drive. 7. Grant funds shall not be used for payment of administrative fees, office overhead, or other similar costs or expenses. 8. It is expressly understood and agreed that the Applicant /Grantee takes full responsibility In carrying out the project contemplated in the grant application. The Applicant /Grantee shall indemnify, hold harmless, and defend the Foundation, the National Rifle Association of America ( "NRA "), and any employee, trustee, director, officer, or agent of the Foundation or NRA (individually or collectively, "the Indemnified Parties ") from and against any and all fault, liabitlities, costs, expenses, claims, demands, or any act or omission of the Applicant /Grantee. The Applicant /Grantee hereby releases and waives all claims of any kind against the Indeminified Parties arising out of, related to, or connected with the grant or any act or omission of the ApplicantlGrantee. 9. If a grant is awarded, the Applicant /Grantee agrees to provide appropriate recognition of any grant awarded, including, as applicable, placing a sign in an appropriate location in recognition of the Foundation's grant. If the Applicant /Grantee provides any video, film, photographs, or electronic images or imagery of any kind ( "Images ") to the Foundation, the Applicant /Grantee hereby represents and warrants, knowing that such images may be used by the Foundation and its assigns, as described below, that it possesses any and all necessary rights in and to such Images to provide them to the Foundation for such use. The Applicant /Grantee irrevocably consents to and authorizes the use and reproduction at any time by the Foundation and Its assign (s) of any and all Images of any kind provided by the Applicant /Grantee, for any use or purpose whatsoever, including any composite or distorted representations, promotion, or advertising, and the Applicant /Grantee further waives any claim or right arising out of such use, publication, or reproduction, including any right of privacy, and shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all fault, liabilities, costs, expenses, claims, demands, lawsuits, or any other actions or expenses whatsoever arising out of, related to, or connected with the Images or any use thereof. 10. Any violation of these Terms and Conditions shall permit the Foundation to terminate any further distributions to the Applicant /Grantee, whether or not such distributions have been property promised or pledged. Such remedy shall not be the sole remedy available to the Foundation and the Foundation shall retain the right to take any other actions allowable by law. 11. This Agreement and any disputes arising under this Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, or, if applicable, federal law. Any action arising under or related to this Agreement or any grant or grant application shall be brought only in a federal or state court sitting within the County of Prince William, the County of Fairfax or the City of Alexandria, in the Commonwealth of Virginia. The Applicant /Grantee consents to and subjects itself and /or themselves to the personal jurisdiction of such https: / /www.grantrequest.com /SID 1048/Default.asp 11/18/2014 - _Vol.212 -, o; %J 2015 NRA Foundation GENERAL Grant Application Page 8 of 8 courts and agree that jurisdiction and venue for any proceeding arising hereundershall lie exclusively with such courts. Acknowledgment of the Applicant /Grantee to the Terms and Conditions set forth in this Agreement must be made by a duly authorized officer of the Applicant /Grantee organization as provided below. please execute the original and return with your application. Consideration Agreement By checking this box, the ApplipnVGantee signifies the Intent to be legally bound and executes this Agreement electronically, binding the applicant to the same degree as a handwritten signature. AUTHORIZATION AND IMPORTANT INFORMATION a Required before final submission I (we) herby certify that the information contained in this grant application is accurate. Further, I (we) will abide by the requirements of any grant provided by The NRA Foundation, Inc. m This is a required field. L`1 •Name FEdFrank.._._.._._.. ..— _. —. —. .. .. .. .. .. .. ........ .....1 • Title aazos County Deputy Sheriff Upon submission of this grant application you will receive a confirmation email. If you do not receive this check your spam /junk email folder and add grantprogram @nrahq.org to your contacts or safe sender I Save ® Finish Later Update https: / /www.grantrequest.com /SID 10 / cf�iJ� � 11/18/2014 INTER- GOVEMMNTAL AGREEMENT IGA 881 -14, Modification 1 between the Federal Bureau of Prisons U.S. Department of .Justice 320 First Street, NW Washington, D.C. and Brazos County Jail 1835 Sandy Point Road Bryan, Texas Inter - Governmental Agreement (IGA or Agreement) 881 -14 is hereby modified as follows in accordance with Section 4 of the original agreement: 5. TERMINATION: This Agreement shall expire on August 30, 2017 or be terminated by either party upon one hundred eighty (18 0) .days advanced written notice to the other party, or sooner by signatory concurrence of both parties. within one hundred eighty (180) days after giving unilateral termination notice to Brazos County, or receiving unilateral termination notice from Brazos County, BOP shall retake custody of all BOP Inmate (s) transferred to the Brazos County under this Agreement. Brazos County agrees to consult with SOP at least ninety (90) days :prior to any termination action(s) to allow BOP sufficient time to prepare for loss and replacement of services. Effective December 1, 2014, performance under this IGA is terminated. Page 1 of 2 ICAaeiiyMDDI Vol. 212 Pg. ;2-6�6 IN WITNESS WBEREOF, the undersigned, duly- authorized officers have subscribed their names on behalf of Federal Bureau of Prisons and Brazos County in Bryan, Texas. Brazos County 0 — Duane Peters County Judge Date Christoph C. Kirk Sheriff /1/147 Da LM U.S. Department of Justice Federal Bureau of Prisons Matthew D. Nace Procurement Executive Date Page 2 of 2 Vol. 212 Pg. ,/� V IGA 881 -14 M001 1 Y Duane Peters, County Judge Brazos County 200 South Texas Avenue Bryan, Texas 77801 Dear Judge Peters: U.S. Department -of Justice Ped&4 Bureau of Prisons Wwhington. DC2053I November 19, 2014 Enclosed is Inter- Governmental Agreement (IGA) 881 -14 Modification 1 between the Federal Bureau of Prisons (Bureau) and Brazos County, Bryan, Texas to terminate this Agreement. The Bureau under Safety policy 1600.09 requires all Bureau inmates to be housed in a fire sprinkled building. Upon inspection of Brazos County Detention Center by Bureau of Prisons staff on September 4, 2014, they found Brazos County Jail as a well — managed and maintained building. However, the Life Safety Inspection would require living units (dormitories) with automatic fire sprinkler systems throughout. Please review and if you concur, sign /date the termination document and forward to the following email address or facsimile by November 28, 2014: ypowell @bop.gov Fax #: (202) 616 -6055 Attnd Yvonne Powell The .IGA is scheduled for termination on December 1, 2014. If you have any questions, please call me at (202) 307 -0954. Sincerely, TYnne Powell Contract Specialist Enclosure Vol. 212 Pe. a� Y°1' BRAZOS COUNTY UNCLAIMED LOTS LOT# DESCRIPTION 149,66 Red task force tool box 92 2- Bellsouth phones 92 conair sw400 phone 92 HP ipaq pocket pc 88 variety of desk 88 left desk return 10,93 CBC imagemaker 95 laminate pink table (freestar Vol. 212 Pg. AUCTION 12/31/14 and 04/24/14 12/31/2013 12/31/2014 12/31/2013 04/24/14 12/31/2014 12/31/14 and 4/24/20141, BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek Special Utility District utility permit to construct a 30' road bore under Hollow Heights Drive and place 175' of line along right of way. Site is located in Precinct 2. SUBMITTED BY: (Q-,&j. - -kL Darrell W. Kolwes Right of Way Agent APPROVED BY: &rnmy talena Commissioner Precinct 2 This request is ZAPPROVED / 0 DENIED by Carnmissioners' Court l Duane Peters, County Judge DATE: A �5 Vol. 212 Pg. �i t� 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 WICKSON CREEK SPECIAL UTILITY DISTRICT [company name], hereinafter referred to as "Company" a TEXAS UTILITY [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 lacked Driven Cased HOLLOW HEIGHTS DRIVE 30' X 30°42'13.54 "N 36" X 96 017'58.36 "W I 96 °17'59.86 "W Facility to Parallel County Road Within Rieht•Of-Wav Road Name and Block Number From To Depth Distance HOLLOW HEIGHTS DRIVE 30042'14.65 "N 30°42'13.54 "N 36" 175' 96 017'58.36 "W I 96 °17'59.86 "W CONSTRUCTION TYPE 1" Diameter 0.10" Wall Thickness 1 %" encasement pipe for crossing Material Specification Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 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 be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 212 Pg. �� 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 ax depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. bared 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 wry 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 begbuiing construction shall constftutegroundsforjob 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. Wickson Creek Special Utility District Company Name By: Signature General Manager Title 8770 HWY 21 E Address Bryan, TX 778na City State Zip (979) 589 -3030 Phone Number watson @wicksoncreek.com Email: V01 n `- - - - -- WATER UT LITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /1 —./ 7 J /k(- except as noted below: EXCEPTIONS: one (MonthMay/Year) tN Brazos County Engineer __Vol.. 212 Pe. 0 R s� 0 0 x a tic Ir 0 0 4 e w R x s2 O d O x W_ d w x J w w z w U RI3HT -0F4NAY Avfwj o-.LH Jl a Vol. 212 Pg. ,2Z Yy �j "I d 0 F- z D 0 C) Z O L! W CfJ J a F- I- Z a W W z O z 0 d H M d CL Z J ° a 0 J W d- O jr d V 2 a _ < _ m W o z ui z O V = J CL d � d z z O FL O 2 _ of O C? O W C7 � O a d L` F— Z Z U Z O ¢ o d itd d J zC a 05 Q O q O V V a d En Z — r N cr) Ski fig 0 zq Vol. 212 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 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 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni httime traffic control measures pursuant to the TMUTCD; Vol. 212 Pg. ;Z q/ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Desien 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. he 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 feet. 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 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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; Vol. 212 Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfrlled 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 notjeopardize 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. Emereencv 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 _von. 212 Pe. "Y3 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hirsh 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 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. 212 Pg. C� /_ + 1 s�E:I:IN gg �E��Ep f °cla ililt e gg •E j N '$5' < is ' � bx�Y �b1 @ll' 3 !{ !jit �f ° g" OR i i �. s Fit -efs a$ Z ¢ 98,8 °99 Y1$ 6 •S 5 �� s rE-�� -fai' igxs i P g ?'s 'tai; z� §:S §'s99� a{s gc iPfi E�A�f6�_S e° �gaac lilt [�4g 7 LLzo •n Ex °dice= °�€ a s is � � °Mill s�➢s q i_B;CbHt2 b► jg$ i 1 � —<- — C> g � -L"°::4Z1ira.�416 `::" :'Ada.L:f.F+°.. "�.^ �3`.a'a :`.d"•::ii •.,�._•.. Vol. 212 Pg. c�7 ,56� 3 ¢ D N O O O K Nom, S a� gY 3 ¢ W D S ¢ O N pC s F O N Q ; N Y 3 w O K o ¢ - - t v z � � w r <� ¢Y u 3 bx�Y �b1 @ll' i 1 � —<- — C> g � -L"°::4Z1ira.�416 `::" :'Ada.L:f.F+°.. "�.^ �3`.a'a :`.d"•::ii •.,�._•.. Vol. 212 Pg. c�7 ,56� 3 ¢ D N O O O K Nom, S a� gY 3 ¢ W D S ¢ O N pC s F O N Q ; N Y 3 w O K o ¢ - - t v z � � w r <� ¢Y u 3 COMMISSIONER COURT MINUTES OF NOVEMBER 25, 2014 ARE CONTINUED IN VOLUME 213 PAGE 1 Vol. 212 Pg. 6 V COMMISSIONER COURT MINUTES OF NOVEMBER 25, 2014 ARE CONTINUED FROM VOLUME 212 Vol. 213 Pg. / BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Seismic Survey License Agreement — Nicholson Services, Inc. Consider and take action on the Seismic Survey License Agreement with Nicholson Services, Inc. to conduct seismic surveys. Work area will only affect Weedon Loop and Treebrook Lane. All work shall adhere to restrictions as set out in Agreement. Seismic area is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent APPROVED BY y C ena Commissioner Precinct 2 This request is APPROVE D / O FtNIED by Commissioners' Court -� JAZ�. Duane Peters, County Judge DATE: Vol. 213 Pg. 'Z 10 STATE OF TEXAS COUNTY OF BRAZOS SEISNHC SURVEY LICENSE AGREEMENT This non - exclusive License Agreement for temporary seismic survey operation is made and entered into this 13th day of November 2014 by and between Brazos County, Texas ( "County ") and Nicholson Services, Inc., ("Licensee ") a corporation duly formed and operating pursuant to the laws of the State of Texas. WHEREAS, Licensee desires to conduct seismic surveys in the unincorporated areas of Brazos County, for evaluation related to the exploration and production of oil and natural gas; and WHEREAS, Licensee will obtain or has obtained consent and indemnity waivers from all private property owners whose property will be used as receiver points or source points for seismic testing; and WHEREAS, Licensee desires to obtain a Seismic Survey License from the County in order to conduct seismic survey operations within the County in furtherance of same; and NOW THEREFORE in consideration of the mutual covenants contained herein the County and Licensee agree as follows: 1. Non - exclusive License and Fees In consideration for the County granting the Licensee a revocable, non - exclusive seismic survey license, the Licensee will pay a fee of $950.00. A specific License is required for each survey and the License is not assignable. The Licensee is granted the privilege to construct, deconstruct, repair, operate and maintain seismic source and receiver equipment within the unincorporated areas of Brazos County. The total fee is due before commencement of operations. The fee is not refundable if the agreement if the agreement is terminated due to breach by the Licensee. 2. Term This license is valid for one (1) year beginning on the date of approval of this License by the County Engineer. All energy source operations shall be completed within ninety (90) consecutive calendar days, beginning on the date of commencement of operations. Once operations have commenced, in the event Licensee is rendered unable, wholly or in part, by circumstances beyond the Licensee's control, to complete operations within the remaining term of the License, then the time for completion may be extended, at the sole discretion of the County Engineer or his designee, for a period of time not to exceed six (6) months, upon written request by the applicant setting forth full particulars of the circumstances causing the delay which were not within the control of the applicant and which the applicant could not have avoided by the exercise of due diligence and care. However, this license may be terminated at any time with a majority vote by the Brazos County Commissioners Court. C: \users \nm11485 \appdau \local \microsft \windows \temporary intemet files \contentoutlook \o6u781fn \row seismic permit tal.do� Page 1 Vot. 213 Pg. 2 3. Prohibitions Licensee is prohibited for the following: a. Under no circumstances may explosive charges, including, but not limited to, pentolite or dynamite, be used in any way as a seismic source or related to the preparation and/or operation of conducting a seismic survey in the County, including public properties, County Rights -of -Way, and on County -owned properties. b. Seismic source points shall not be permitted within County Rights -of -Way, or on County - owned properties within County strictly permitted. c. Clearing vegetation, associated with Seismic survey operation, greater than one -inch caliper is prohibited in County Rights -of -Way and on any County -owned properties. 4. Special Conditions Licensee's operations shall be conducted in accordance with the highest industry standards and practices and in a prudent and careful manner. Licensee further agrees to comply with the following minimum conditions: a. Licensee will notify the County Engineer or his designee, by calling the Road and Bridge Department at (979) 822 -2127 at least (3) business days before commencement of testing operation (i.e. use of vibroseis equipment). Licensee will provide the County with the name, address, email address and telephone number of at least two (2) individuals who will be a 24 -hour emergency contact for the County. b. Vibroseis equipment will be used to provide the source signal. Pentolite, dynamite, or any other type of explosive is prohibited. c. In order to protect public utility infrastructure, as well as private property, Licensee shall employ qualified vibroseis technician(s) to utilize vibroseis equipment on the job to ensure vibration level or peak particle velocity will not and does not exceed 0.35 inches per second and the frequency shall not exceed 90 hertz. If particle velocity or frequency levels are exceeded, vibroseis technicians will notify the County Engineer and cease all operations until corrections are made. Licensee will maintain all documentation of monitoring activities for a period of at least two (2) years and make said documentation available upon request for inspection by the County. d. At each source point, vibroseis equipment will be set back: a minimum of ten (10) feet from any water, sanitary sewer, drainage, electric, or any public infrastructure improvements; and a minimum of 500 feet from all residential or commercial buildings, as well as water wells. Additional setbacks may be required for sensitive features as necessary. e. Receivers, e.g. geophones, may not be placed in County -owned roadway pavement, sidewalks or drainage culverts. Licensee will be given 24 hours notice of County Activity which will require removal of receivers until Licensee receives notice of completion of County Activity. Cables placed on the pavement within rights of way must be arranged so they do not create a hazardous condition. No cables shall cross roadways or sidewalks and shall not be anchored in any way to the roadway. Bridges and drainage culverts shall be the only method to cross roadways. C: \users \tam11485 \appdata \local \microsft \windows \temporary internet Cries \content.outlook \o6u781fn \row seismic permit (3).dou Page 2 Vol. 213 Pg. f. Licensee shall obtain water well, underground hazardous waste storage /disposal site, and water, sewer, oil, gas and chemical pipeline location maps and conduct all engineering calculations necessary to confirm all operations meet standards established by the governing engineering codes and criteria. Information obtained by the Licensee shall be used by the surveying teams and operations manager to ensure compliance with the terms and conditions of this agreement and that safe operating distances are maintained. Seismic Project Route Plan Sheets shall be submitted with the application for this License Agreement, on 2406 tax maps that identify all utilities, streets, properties, the location source points, and the location of receiver points. The County will assist with the identification of County owned utilities. g. All seismic survey operations shall be limited to the areas determined by the Seismic Project Route Plan Sheets at a scale acceptable to the County Engineer. h. The Licensee shall receive prior approval from the County Engineer or his designee, before any variance for the Seismic Project Route Plan Sheet is made. The Licensee shall provide at least three (3) business day's notification allowing consideration and response for each request. i. No road or lane closures shall be permitted without prior approval from County Engineer of a Traffic Control Plan prepared by a Licensed Engineer. There shall not be disruption in traffic for route operations associated with this Permit. All related costs shall be bome by the Licensee. Signs, barricades and flagmen (and/or off duty peace officers) must be maintained as necessary to protect the traveling public in accordance with County and state standards, including the Texas Manual on Uniform Traffic Control Devices. The operations shall not unreasonably interference with the flow of traffic. All geophones shall be on one side of the rights -of -way only, at any given time, and must be as far from the road pavement as practical. Licensee shall comply with the traffic control plan submitted to the County, identifying routes of vibroseis trucks as well as the dates and times that testing will be conducted. The County may require modification of the dates and times of testing to reduce or eliminate interference with schools, interference with public events, or traffic congestion. j. Licensee shall provide the County with a list of the types, weight, and specifications of vehicles to be used in the seismic survey. Vibroseis trucks shall be of the mini -vibe category with the total maximum loaded allowed truck weight limit of 17,000 lbs. k. The Licensee shall be responsible to obtain permission, as required by law, from property owners before entering upon or crossing private property. The Licensee must obtain written permission from all private property owners whose property is used for receiver or source points. 1. The Licensee shall maintain a daily log of energy source test performed by qualified vibroseis technicians showing date, location, energy source used, drive level, operator, and all other related information including seismic and pre -and post -test survey. A copy of the log and survey covering the entire test area, within County limits, will be provided to the County no later than thirty (30) days after testing is complete. Licensee will maintain all documentation of monitoring activities for a period of at least two (2) years and make said documentation available upon request for inspection by the County. m. The Licensee shall place newspaper advertisements in the official newspaper of the County of not less than three (3) inches by four (4) inches explaining the work to be performed, the location of the proposed work, and a toll -free telephone number where residents may C:\wers\ram11485\appdata\local\mlcmsft\vAndws\tempomryintemet files \contentoutlook \o6u781fn \row seismic permit (3).dcc Page 3 Vol. 213 Pg. .- call for more information. Said advertisements shall be placed continuously during the two -week period immediately before actual operations commence in the testing area. The toll -free telephone number provided by the applicant shall be answered during hours of operation while work is ongoing in the County, and an answering machine shall be installed to receive after -hour calls. The County shall review and approve the advertisement prior to publication by the Licensee. Advertisement cost will be at the expense of the Licensee. Licensee shall also provide the County with a name, address, email address, and telephone number of a point of contact for the public and the media- n. Licensee shall restore all County streets, roads, sidewalks, public infrastructure, or other property to their original condition, free from any damage, including, but not limited to, any ruts or injury to vegetation, during or at the close of operations. Licensee shall repair, or compensate the County for the full cost of repairing, any County streets, roads, water lines, sanitary sewer infrastructure, electrical infrastructure, or other public infrastructure damaged by Licensee in the course of the seismic survey. All debris, stakes and flagging generated in connection with the seismic survey shall be removed by Licensee as quickly as reasonably possible and damage to County infrastructure shall be repaired, if reasonably practicable, prior to any further seismic testing. Any costs incurred by the County including the cost of the time spent by County employees, relating to damage caused by the seismic survey shall be paid by Licensee within thirty (30) days of invoice or drawn from the security instrument required by this License Agreement. o. Wet weather, flood, or soil conditions may prohibit access to public property by Licensee. The County's County Engineer may temporarily halt seismic survey operations when conditions so require. The County's County Engineer may require the installation of erosion control measures if the Licensee disturbs the existing condition of public property. Licensee may not track mud or debris onto County roads, or sidewalks and the County may require the Licensee to clean up after Licensee's violation of the provision. p. Water holding facilities, dams, levees, water control structures, creeks, sloughs, tanks, or springs may not be disturbed or altered. q. The County may require reasonable alternatives to disturbance in high resource value areas. All precautions, including consultation with the County Engineer, shall be staked to avoid disturbance of fish, wildlife, endangered or critical plant resources during seismic survey operations. Particular caution shall be taken to avoid and protect sensitive habitats, such as wetlands and bottomland hardwoods. Activities affecting these species and habitats may require coordination with other state and federal agencies. r. The applicant shall notify the County Engineer or designee, with three (3) business days after the occurrence of any violation of these permit requirements. s. Licensee is responsible for and shall settle all reasonable and legitimate claims, demands, and causes of action relating to property or persons arising out of, or as a result of, Licensee's operations under this agreement and shall handle all such claims in an expedient manner. t. Testing may only be conducted from 8:00 a.m. to (earlier of sunset (as determined by NWS at Easterwood Field for that date)) or 8 p.m. (Central Time), on Monday through Friday, and from 10:00 a.m. to (earlier of sunset or 8 p.m. on Saturday, and 1:00 p.m. to earlier of sunset or 7:00 p.m. on Sunday. County Engineer may notify Licensee of specific dates or times when special events require testing to cease temporarily. C: \users \mm11485 \appdata \local \micro fc \windows \temporary internet files \contentoutlook \o6u781fn \row seismic permit (3).dou Page 4 Vol. 213 Pg. tP _ __ u. Licensee shall furnish to the County Engineer a written schedule of each week's operations plans. 5. Indemnification LICENSEE, ON BEHALF OF ITSELF, ITS AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, CONTRACTS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS, CONSULTANTS, AND CONTRATORS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, COSTS, DAMAGES, DEMANDS, JUDGEMENTS, CAUSES OF ACTION, SUITS, AND LIABILITY IN TORT, CONTRACT OR ANY OTHER BASIS OF EVERY KIND AND CHARACTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ALL REASONABLE COSTS OF DEFENSE, SUCH AS FEES AND CHARGES OF ATTORNEYS, INCLUDING THE TIME OF COUNTY ATTORNEYS, EXPERT WITNESSES, AND OTHER PROFESSIONALS INCURRED BY THE COUNTY FOR INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE LICENSEE UNDER THIS LICENSE AGREEMENT. SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE COUNTY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE LICENSEE, OR ANY THIRD PARTY. 6. Release THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER AND HEREBY RELEASES, RELINQUISHES, AND DISCHARGES THE COUNTY, ITS OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO OR DEATH OF ANY PERSON AND ANY LOSS OF OR DAMAGE TO ANY PROPERTY THAT IS CAUSED BY, ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH THE LICENSEE'S WORK TO BE PERFORMED HEREUNDER THIS RELEASE SHALL APPLY REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER SUCH INJURY, DEATH, LOSS, OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE COUNTY, ANY OTHER PARTY RELEASED HEREUNDER, THE LICENSEE, OR ANY THIRD PARTY. a. Licensee farther acknowledges: that the County has not made any independent investigation or verification of information regarding subsurface structures and facilities furnished to Licensee and makes no representation or warranties as to the accuracy or completeness of such information. Licensee expressly acknowledges that the County makes no warranty or representation, express or implied or arising by operation of law, including but not limited to; any warranty of fitness for a particular use or purpose of such subsurface information. C:\ users \ram11485 \appdata\ local \microsft\windows \temporary intemet files \contentou [look \o6u781fn \row seismic permit (3).aoc Page 5 7. Insurance and Security a. Licensee will provide insurance as required by Exhibit "A" "Insurance Requirements ". Control of Well and Environmental Pollution Liability insurance will not be required. Prior to conducting the seismic survey, Licensee will deliver to the County a certification of insurance evidencing the insurance and naming the County as an additional insured. b. Licensee shall provide a security instrument that secures Licensee's obligations under this License Agreement including the obligation to repair or compensate the County for the cost of repairing damage to County roads, sidewalks, rights of way, easements, water /sanitary sewer /electric infrastructure, or other public property or infrastructure damage caused by Licensee in the course of conducting the seismic survey. The security instrument may in the form of cash or an irrevocable letter of credit issued by a bank or surety approved by the County. A certificate of deposit may be substituted for the letter of credit. Any certificate shall be issued by a bank approved by the County, payable to the order of the County to secure the obligations described above, and shall be pledged to the bank with evidence of delivery provided to the County. Interest on the certificate shall be payable to the Licensee. The amount of the security instrument shall be one hundred thousand U.S. Dollars ($100,000.00). If in the reasonable determination of the County Engineer the cost of repairing damage to County infrastructure exceeds the amount of such security, the County Engineer may suspend the license and halt Licensee's seismic survey operations until Licensee increases the amount of security of fully cover the amount of any current or reasonably anticipated future damages. The security shall not be released until the County Engineer determines that any damage caused by Licensee has been satisfactorily repaired and/or paid for. S. No Waiver Nothing in this License Agreement is intended or should be construed as absolving Licensee of any legal claim for damage County may be entitled to assert resulting from negligence or wrongful conduct of Licensee, or its agents, employees or subcontractors. No express or implied waiver of any claim is intended. 9. Miscellaneous a. Ownership. Ile County makes no warranty as to ownership of either the mineral estate or the surface estate for the locations used for surveys. Licensee assumes all responsibility for determining and acquiring permission to conduct its operations from the necessary parties. b. Compliance with Law. Licensee shall comply with all federal, state, and local laws, rules, or regulations which are applicable to its seismic survey operations. C: \users \rami1485 \appdata \local \microsft\windows \temporary intemet files \content.outlook \o6u781fn \row seismic permit (a).dou Page 6 Vol. 2 13 Pg. c. Severabilitv. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective 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 terms and substance as possible to the deleted provision. d. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. e. Sole Agreement This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matte covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. f. 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. g. Right 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. h. No Waiver. County's failure to take action to enforce this Agreement in the event of Licensee'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 County for taking action to enforce this Agreement on subsequent occasions. i. Notice. County and Licensee hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: COUNTY COUNTY ENGINEER 2617 State Highway 21 West Bryan, Texas 77803 LICENSEE Nicholson Services, Inc. PO Box 9587 College Station, TX 77842 j. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of the Agreement. k. Additional Terms and Conditions. Additional terms and conditions may be attached, before execution, as an exhibit to this Agreement. 1. Incorporation of Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. m. Headings. The paragraph headings contained in this Agreement are for convenience only and do not enlarge or limit the scope of meaning of the paragraphs. n. Gender and Number. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context requires otherwise. C:\ users \mm11485 \appdata \local \microsft\windows \temporary Internet ales \mntentoutlook\o6u781fn \raw seismic permit (3).doc: Page 7 Vol. 213 Pg. 91 __ List of Attached Exhibits: • Exhibit ,A!'— Insurance Requirements • Exhibit "B" — Licensee's Certificates of Insurance • Exhibit "C'— Seismic Project Route Plan Sheets • Exhibit "D" — Additional Terms and Conditions (if arty) [Licensee] By: Printed N e: ike artin Title: Project Manager Date: � _ r 3 • I `l BRAZOS UNVf ENG EER !� By. County Engineer `/ Date: >l- /9 -� /4 C:\ users \t 11485 \appdata\loml \microsft \windows \temporary intemet fi1es \mntentmvdwk \o6u781Po \row seismic permit (3).dom Page 8 X . 213 Pg. /d - Exhibit "A" INSURANCE REQUIREMENTS During the term of this Agreement Licensee's insurance policies meet the following requirements: Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella / Excess Liability D. Workers' Compensation II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City of College Station. E. Upon Request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The County, its officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a "A:VIII" or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. C:\ users \ram11485 \appdata \local \microsft \w4ndows \temporary intemet fi1es \mntentout1ook \o6u781fn \row seismic permit (3).doa Page 9 Vol. 213 Pg. /t ____ The coverage shall include but not limited to the following: premises /operations with separate aggregate; independent contracts: products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV: Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a "A:VIE" or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined single Unit Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non -owned autos. any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS -90, with a limit of 1,000,000.00. V: Excess Liability Umbrella for excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000.00 in total value. VI: Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the County as Additional Insured and further providing that the Licensee's policies are primary to any self - insurance or insurance policies procured by the County. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the County on all policies obtained by the Licensee in compliance with the terms of this Agreement. Licensee shall be responsible for all deductibles which may exist in any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates if Insurance and endorsements shall be furnished to the County's Representative at the time of execution of this Agreement, attached hereto as Exhibit B, and approved by the County before work commences. VII: Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Licensee, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer's C:\ users \ram11485 \appdata \local \microsft \windows \temporary internet fi1es \contencoutlook \o6u781fn \row seismic permit C8).dom Page 10 Vol. 213 Pg. /- policy (the Licensee's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits of 1,000,000.00 for each accident/each disease /each employee are required. 2. "Texas Waiver of Our right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110 © (7) Of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: D. Definitions: Certificate of coverage ("certificate") — An original certificate of insurance. A certificate of authority to self -insure issued by the Division of Workers Compensation, or a coverage agreement (DWC -81, DWC -83, or DWC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees proving services on a project, for the duration of the project. Duration of the project — includes the time from the beginning ofthe work on the project until the Licensee's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractors" in § 406.096[of the Texas Labor Code] - includes all persons or entities performing all or part of the services the Licensee has undertaken to perform on the project, regardless of whether that person contracted directly with the Licensee and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. C: \users \mm11485 \appdata \local \microsft \windows \tempomry intemet flles \contentoutlook \o6u781fn \row seismic permit (3).doa Page 11 Vol. 213 Pg. l-3 "Services" does not include activities unrelated to the project, such as food/beverage vendors. Office supply deliveries, and delivery of portable toilets. E. The Licensee shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (144) for all employees of the Licensee providing services on the project, for the duration of the project. F. The Licensee must provide a certificate of coverage to the governmental entity prior to beginning work. G. If the coverage period shown on the Licensee's current certificate of coverage, ends during the duration of the project. The Licensee must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. H. The Licensee shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage. Prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and 2. no later than seven calendar days after receipt by the Licensee, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. I. The Licensee shall retain all required certificates of coverage for the duration of the project and for one year hereafter. J. The Licensee shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Licensee knew or should have known or any change that materially affects the provision of coverage of any person providing services on the project. K. The Licensee shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L. The Licensee shall contractually require each person with whom it contracts to provide services on a project to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; C:\ users \ram11485 \appdata \local \microsft \windows \temporary Internet flies \contentoutlook \o6u781fn \mw seismic permit (3).doa Page 12 - Vol. 213 Pg.1— 2. provide to the Licensee, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person proving services on the project, for the duration of the project; 3. provide the Licensee, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the Licensee: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end if the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates pf coverage on file for the duration of the project and for one year thereafter; 6, notify the governmental entity in writing by certified mail or person delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificated of coverage to be provided to the person for whom they are providing services. M. By signing this contract, or proving, or causing to be provided a certificate of coverage, the Licensee is representing to the governmental entity that all employees of the Licensee who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Licensee to administrative penalties, civil penalties, or other civil actions. N. The Licensee's failure to comply with any of these provisions is a breach of contract by the Licensee that entitles the governmental entity to declare the contract void if the Licensee does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverage according to requirements and instructions contained herein. C:\ users \mm11465 \appdataVmal \microsft\windows \tempomry internet files \contentoutlook \o6u78lfit \row seismic permit (s).don Page 13 Vol. 213-Pe. /Ss D. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. E. Original endorsements affecting coverage required by this section shall be fumished with the certificates of insurance. C:\ users \ram11485 \appdata \local \microsft\windows \temporary intemet Bles \contentoutlook \o6u781fn \r0w seismic permit (3).dou Page 14 Voi. 213 Pg. �1 n� rr A`CORO CERTIFICATE OF LIABILITY INSURANCE 10/27/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 11 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER Grayhawk Insurance & Risk Management Srvcs, Inc. 1740 North Collins Blvd, Suite 200 Richardson TX 75080 C0m ^cT GRAYHAWK INSURANCE &RISK MANAGEMENT HAWK I5 /NONE 972) FAA .(EM 671 -9804 EMAIL INSUREFASI AFFORDING COVERAGE C fitilugm .Pacific Indemnity Company 46 INSURED TGC Indushies, Inc. dba Tidelands Geophysical Company, Inc. & Exploration Surveys, Inc. 101 East Park Blvd., 4955 Piano TX 75074- .Federal Insurance Company, 0281 NsUBEg .Great Northern Insurance Company 0309 ,Pacific Indemnity Company 6 DAMAGETO RENTFI) 100,000. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RISR TYPEOFINSURANCE ADM SUSE Y a POLICY EFF PODCY EXP lJAffB A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR 3 5349749 /14/2014 4/14/2015 EACHOCD R I fl 1,000,ODo DAMAGETO RENTFI) 100,000. EDEx w 10,000 PERSONAL 6 ADVI RY a 1,000,000 1- AGGREGATE LIMIT APPLIES PER: X POLICY ❑JJECCT �LOC GENERALAGGREGATE 2,000,000 PRODUCTS- COMP/OPAG 2,000,000 E OTHER B AUTOMOBILE LUIBUJTV BAP73244255 1412014 4/1412015 COMBINED SINGLE LIMIT f 1,000,000 ANY AUTO BOGLYNJURY(Perwwrd f Ix AU OS SCHEDULED AUTOS AUTOS SO°LYNJURY(PerwxdW E HIRED AUTOS K AUTOS NED AUTOS PROPERTY DAMAGE E f A X UMBRELLA LIAR X OCCUR 4/14/2014 14/1015 EACH OOOUFRENCR $ 20,000,000 AGGREGATE 20,000,000 EXCESS LIAR M DE 17980895D D I I R B WORKERS COMPENSATION AND EMPLOYERS LIABILITY y /r{ ANY PROPRIETOMPARTNERIBXECUTNE r1 OFRCERMIEMSER EXCLUDE1 LJ (Mmdelsry In NH) It es describe under W, POLLUTION LIABILITY N/A 71738438 14 14/2014 14/1015 X I PE%UTF oTN•: E.L. EACH ACCIDENT 11000,000 .L DI 1,000,000 El. DISEASE - POUQY LIMIT 1 11000,000 C 37334350 /14/2014 1412015 EACH INCIDENT 1,000,000 AGGREGATE 2,000,000 DESCRIPnONOFOPERATIONS /LOCATIONS /VEHICLES (ACORD IOL, Addul"al Rm ks Schedule, my b.&R hed N=.spa& is req*.Ll RE: AGGIELAND PHASE 2 PROJECT. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BRAZOS COUNTY TEXAS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2617 STATE HIGHWAY 21 WEST BRYAN TX 77803- nlrrunR,nn uonovsourenvo w..� —.. ®1989.2014 ACORD AUUMV LD (LU14 /Ul) Trre ACORD name and logo are r"Istered marks of ACORD Vol. 213 Pg. FAS ti U �� � �'` 1_b. �Jlb: A _ � •f^ k+ I,.�'',�i'�N.� µ 4 `%l,� �1.3 z rr r N rt z LL 0 + X a T � \ A t c �� 4M.; st r •a + }� S* u `�' % ��� & Ew 6. _ 3 ij � r42 i - a' c� O -.. �"� 7ah`'' +'a.� 4r< '�Gi`y� % 4 . �' *` .��rX+ jy �r :•,% � +4 �' O S Y ., +N 4X - i+ r +w, t' ✓ '441'ry -' > 'ii+ r " � •}, a *. b: Vol. 213 Pg. / 91 yy 1V �V Q Vol. 213 Pg. JOHNSON RANCH HO 3D BRAZOS COUNTY ROADS WEEDON LOOP TREEBROOK LANE _. Vol. 213 Pg. I-0 Vol. 213 Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to construct a road bore for a 10 -inch gas pipeline a minimum depth of 10' under Bird Pond Road approximately 10,448' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: (Q,o b. TI, Darrell W. Kolwes Right of Way Agent This request is 2APPROVED / APPROVED BY: Sammy Capdena Commissioner Precinct 2 by Commissioners' Court Duane Peters, County Judge DATE: dt'✓ I Vol. 213 Pg. C2 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Apache Corporation, hereinafter referred to as "Company" a Delaware Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased BIRD POND ROAD 73.80' X Facility to Parallel County Road Within Right-Of-Way CONSTRUCTION TYPE 10" Diameter .365" Wall Thickness d Material Specification X -52 Steel Minimum Yield Strength 52.000 psi Maximum Operation Pressure 1.440 psi High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating operating pressure) pressure) The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 90 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 be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol. 213 Piz. �,2 Approval of County Engineer's Office may take as long as two weeks after complete application is recelved. 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 tie event Caupany fails to obfaln a permit prior to the Installatlon or does not Install ullihies in compliance with Installation requirements set forth herehr (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon itsfoilure to comply with Brazos County requirements. Applicant agrees that if Brazos Coano, demonstrates a violation of the terms of this policy, Applicant stipulates that rerin /sires for injunctive relief exist and that Brazos County is entitled to relief enfolrtng any conduct by applicant which Is contrary to the policies. This pernill Is a revocable permit. Brazos County reserves the right to revoke this permit at any tae, hi the sole discretion of Brazos County, for interests of public heahh, safely or welfare, or for• falhte to repair any drunages upon dentand, orfor any other reason deenned sufficient by Brazos Cortnty. In floe event Company falls to comply with any or nth of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance, The County Engineer further retrains the right to revoke this Permit by verbal notjficatlor to the ApplIcanilCompamy. Failure to obtain this perinif and/or notify the County Engineer's Office ovidda 24 hours of beginning construction shall constitute grounds for Joh 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. ez� ire. c.rlruvwA' ri Cor pany�yName c�LL .1, e2e'tl By'. St ur haw,.t Title a000 W, Std,.. lda,t 4 pkl ,, S. ?1. iC ZP� Address —S L- FA,aS�ow TK Z'1�iY City State Zip "I —tea —;)s31 Phone Number �..a1 Psr.11Q ca , �LCOrp Lon. Emai L ___Vol. 213Pg. 1/Z __._ PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the Courtly right of way as shown by accompanying drawings and notice dated // except as noted below: (Motttld )ay ear) EXCEPTIONS: Vol. 213 Pg. ��� EXHIBIT "A" BRAZOS COUNTY. TEXAS PROPOSED PIPELINE CROSSING BIRD POND ROAD GENERAL NOTES: B NO. 4217 PROFESSIONAL LAND SURVEYOR TR£ INM Wid P1104ID0) W mom 6' 12' W 1 POLY ./ N fJJ V181E CCflP01W10N BEWIMGS BPSm ON TE)[SS STALE PVNE 1 1610.250' W.T. CNTNG , 72l1P ° ` 20NF. B ID/1 11 OOpmal RUN on 0lI% WTm \ pAUY B.aFD W TE7AS STATE PLWE M M 000001WTE R U, MAD U CENTRAL 20NE. NWO Is. EV:`Ams OFRNFD FROM CPS OBE' RWT10N5. V)tfiOMM. �W�Db OMRAMSEWIE °�R' •' xi �� CONRNCiOR SN BE RESPONDBIE TOR IAGIING ALL UNOERCROWO MUMS PRIOR °Rx x ��k L• _ TO CONSTRUCTgiE A_A A xrl PROPOSED 10' H.P. GAS NOTE NOR2. 1' =50' CROSSING ANGLE NOT 90' DUE TO EMSPNG PIPELINES WTTHINTME CORRIDOR. JI Ir / N � PROPAWRP SICX 2 13 —250 80 R/W FENCE ti Ci U AT. "0. 200 10, MIN. 10' MIN. tl�N 230 PROPOSED PIPELINES PROFILE LOOKING NORTHEAST 220 SCAL1: NO. 1' -s0' NOTES: VOW. 1' "20' CROSSING MODE: BORING CONTENTS OF PIPELINE: WELL ROW CARRIER: 1 H.P. GAS PIPELINE - 10.750 O.D. % 0.365 W.T. % -52 1 HA PIPELINE - 3.500 % 0.300 W.T. %-42 3 WATER O.D. O. IEft PIPELINES - 12' $OR II POLY W /16'% 0.255 W.T. CASING G TOLD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED PIPELINE CROSSING BIRD POND ROAD BD v MAY N NO. 4217 PROFESSIONAL LAND SURVEYOR b w n N fJJ , 72l1P ° ` APACHE CORPORATION 2 ID/1 11 LVO U PROPoSED %PBINE 0) WARMNO SIGH 1016/14 M �AT R /fI iFNE[ JI Ir / N � PROPAWRP SICX 2 13 —250 80 R/W FENCE ti Ci U AT. "0. 200 10, MIN. 10' MIN. tl�N 230 PROPOSED PIPELINES PROFILE LOOKING NORTHEAST 220 SCAL1: NO. 1' -s0' NOTES: VOW. 1' "20' CROSSING MODE: BORING CONTENTS OF PIPELINE: WELL ROW CARRIER: 1 H.P. GAS PIPELINE - 10.750 O.D. % 0.365 W.T. % -52 1 HA PIPELINE - 3.500 % 0.300 W.T. %-42 3 WATER O.D. O. IEft PIPELINES - 12' $OR II POLY W /16'% 0.255 W.T. CASING G TOLD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED PIPELINE CROSSING BIRD POND ROAD BD v MAY FOOTAGE: 73.80 FEET = 4.47 RODS NO. 4217 PROFESSIONAL LAND SURVEYOR , 72l1P ° ` APACHE CORPORATION 2 ID/1 11 LVO 09D oEraL MO NOTES 1 1016/14 M I ROUTE CWNGE PROJECT NO. —Vol 233 -P� 104408 -P1 1 2 ;t� a - I T� a 7 ' W BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I . Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way, 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Reouiremenrs 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open ovemight, requires specific niehttime traffic control measures pursuant to the TMUTCD; Vol. 213 Pg. 1 d _ _ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 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 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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. 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; Vol. 213 Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may requite 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. Emereencv 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" Vol. 213 Pg. - �0 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 Tvve 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 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. 213 Pg. % L mav .IR R 9�n �Ir s q, a $s 1111 _ =a 2. €y-�� £ 21a c 1S a O Y .H S ;aHo5_gteg �o�gE R1 All' 8 V6 sv 4 p R11 Eh4e F izo vl g E - F 9q IN If_-a aseya a _ F ti£Ce Y- bE: a at! y3;82_ -1 Fll V11 a gE�E�E'kgbapbaQ�:�rP — _— .— _— ___— .— . —___ —_ •_:l FewlO -µ91Y l �gsH ^£ �••�ctt al -- s5e'i'ixE— vl .�`u x�`s I �`�' v:e — — — — — —t— — — yalrea E - JVIro�T We Aug �glneg } n_ / w es •s rr cs - c 9 "ix 6S =$ 1 -wlrws H Vol. 213 Pg. ur-1 W O J = o � o U Z 2 7 O — N G W _o 2 jC > U Y O 5 W O t7 J 0 2 — z � y W ''- U V C a N U Y K O 3 W O J S S Q O WE Z r U yC a CJC N O U Y O 3 yggk: � �Raa: � �x ° °vI:IN all M6 a a 1 g [ [ g gla88a ° °R ° °9;R gP-1 - - - - k.��gbSRRe:R „ „33 g T TT T TO s q, a $s 1111 _ =a 2. €y-�� £ 21a c 1S a O Y .H S ;aHo5_gteg �o�gE R1 All' 8 V6 sv 4 p R11 Eh4e F izo vl g E - F 9q IN If_-a aseya a _ F ti£Ce Y- bE: a at! y3;82_ -1 Fll V11 a gE�E�E'kgbapbaQ�:�rP — _— .— _— ___— .— . —___ —_ •_:l FewlO -µ91Y l �gsH ^£ �••�ctt al -- s5e'i'ixE— vl .�`u x�`s I �`�' v:e — — — — — —t— — — yalrea E - JVIro�T We Aug �glneg } n_ / w es •s rr cs - c 9 "ix 6S =$ 1 -wlrws H Vol. 213 Pg. ur-1 W O J = o � o U Z 2 7 O — N G W _o 2 jC > U Y O 5 W O t7 J 0 2 — z � y W ''- U V C a N U Y K O 3 W O J S S Q O WE Z r U yC a CJC N O U Y O 3 - JVIro�T We Aug �glneg } n_ / w es •s rr cs - c 9 "ix 6S =$ 1 -wlrws H Vol. 213 Pg. ur-1 W O J = o � o U Z 2 7 O — N G W _o 2 jC > U Y O 5 W O t7 J 0 2 — z � y W ''- U V C a N U Y K O 3 W O J S S Q O WE Z r U yC a CJC N O U Y O 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 -inch liquid flow line a minimum of 10' under Bird Pond Road approximately 10,440' southwest of SH 30. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: L • c-eL Darrell W. Kolwes Right of Way Agent APPROVED BY: ammy talena Comrnissioner Precinct 2 This request is O PROVED / 0 DENIED by Commissioners' Court - ----------- Duane Peters, County Judge DATE: I k 5 Vol. 213 Pg. _343 iz APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Apache Corporation, hereinafter referred to as "Company" a Delaware Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased BIRD POND ROAD 73.80' X Facility to Parallel County Road Within Rieht -Of -Way CONSTRUCTION TYPE J 3" Diameter .300" Wall Thickness ❑ High Pressure Underground (✓7 Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification X-42 Steel operating pressure) pressure) Minimum Yield Strength 42.000 psi Maximum Operation Pressure 1.440 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 90 working days. (COMPANY MUST FILL IN). 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 of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol. 213 Pg. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rides 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 Ote event Company falls to obtain a permit prior to the Installation or does not install ulliitles• in compliance with installation requirements sel forth lrerela (i.e, depth, location, etc), Company assumes all fluaucial tesponsiblllly for damages and/or destruction of lines, cables, etc, based upon its failare to comply with Brazos County requirements. Applicant agrees that !f Brazos Couny, demonstrates a violation of ilea terms of lids policy, Applicant stipulates that requisites for injuneflve 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 Coruno, reserves llte right to revoke this perndt at any time, lit ilea sole discretion of Brazos County, for Interests of public health, safely a• welfare, or for fallure to repair any damages upon demand, or for any other reason deemed strffident by Brazos County. Lt Ilia event Company jails to comply with arty or all of the requirements as set forth herein, lire Couny, nary lake such action as 11 deems appropriate to compel compliance. The Comity Eughreer further retahas (lie right to revoke this permit by verbal noli/leaflou to the AppllcmnflConrpany. Failure to obtain this permit andlor notify the County Engineer's Office within 24 hours of beginning construction shall constitute groundsforJob shuldown. 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. Ca pan Name By: 9tanad r Title how W Sra;n. L4rol,,.. p�S. 5.:n it � Address LFA�t�o Tx 'Z7°4Y City State Zip "I Phone Number sj. a�•n •PaaLL� c4 PM j,t -csrp Gow, Email: Vol. 213 Pg. ✓J PIPELINE UTILITY APPROVAL Brazos County offers no objection to the pro nosed locati��} of the utility in the County right of way as shown by accompanying drawings and notice dated �— i except as noted below: (Month) )ay/ ear) EXCEPTION& Vol. 213 Pg. j Z DETAIL 'A' N.T.S. NW FXHIRIT "A" BRAZOS COUNTY. TEXAS GENERAL NOTES, TRUE e xO S t E CCORP RAT&L 9 12' R POLY N/ KNUROS 9ANm S FATE PANE Is'N.2m' W.i. CA6WG I EM SAID CS. ANC COORONAR. SYSTEM COOM 8S O DEPrvN RIOM CPS 09LAWMNlt6. I DRUM SAND m Tm FAZE PLANE N COOROINITE STIEM, IUD M CBRRN. IONS NXN 86 OfWTIDNE DIMAD MR! OP$ ONERWIm. N!UjwSS WD COORDINATE SY 53. DOM PLANE STEM COORDINATES UNLESS FARO OTHEWMSE LO AL UC GMNG DERNGUND MIRMSPMOR TO fANSiROCISN. 4 °_ NNE VA 2' N �S.�U. �.�AC q�+, 0A 3" W PROPOSED TO' N.P. GAS PH L.F. MEN, FIRST TRACT CALLED 100 ACRES YOL. 92. PG. 369 D.R.B.C.T. �.Ir NOTE: CROSSING ANGLE NOT 90' DUE TO EXISTING PIPELINES WITHINTHE CORRIDOR. 150 200 230 110 NDRI. 1'.50• 73.80' O W a N b NJ Gi n 0] W (L' J a i 6 4 U' U' 2 10' MIN, 10' MIN. PROPOSED PIPELINES n a N U Co Co PROFILE LOOKING NORTHEAST Scut NO", 1' 1' ==s9 NOTES: VENT. 20' CROSSING MODE: BORING CON70TS OF PIPELINE: WELL FLOW CARRIER: 1 H.P. GAS PIPELINE - 10.750 0.0. X 0.365 W.T. X -52 T UOUID PIPELNE - 3.500 O.D. X 0.300 W.T. X -42 3 WATER PIPELINES - 12' SOR II POLY W /I6'X 0.255 W.T. CASING VELD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED PIPELINE CROSSING BIRD POND ROAD FOOTAGE: 73.80 FEET = 4,47 RODS W 7057. WATER LINE EXIST. ETC P/L C.F. MEN. SECOND MACT CALLED 60 ACRES VOL 92. PG. 189 D.R.b C.T. PROPOSED P94UNE WNWNG SRN ALR/W� 508SYIJ. MAY REq RED PROFESSIONAL LAND SURVEYOR No. 4217 2 1101151141 MAC 1 ADD DETAR AND NDTES vya APACHE I 4 Pjz CORPORATION PROJECT NO. Vol. 213 Pg. 104408 -P1 1 2 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 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; Vol. 2 13 Pg. b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045, 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 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 feet. 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 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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. 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 ijthe 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; Vol. 213 Pg. _//D c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than g 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. Emereencv 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 Vol. 213 Pg. -/// shall notify County Engineer within 24 hours of beginning constructionlrepairs. 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 L 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 Tvpe 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 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. 213 Pa. 4��Z 2S yEY a X� �Y� Ep e jig!1a t3 ie Sgapa e ��1e8g3b: qsa! i�W% all b$. „r�i A �=.E° y�fig.asltt�� vEsb b -5�� a�i � u ESE iiSF'k'�b YB y�.h `Y?i� a2a. az3HM3`s. Mg. Z 1 i aCCG J -)p - - - zlal :i:l. _S4kG r pi)FI$ y v Z o ¢ o_ ♦ +wmns n o W etP :'auwiin�"JiZ3nn� g�$$Splo16 2 > 169 i W 2S yEY a X� �Y� Ep e jig!1a t3 ie Sgapa e ��1e8g3b: qsa! i�W% all b$. „r�i A �=.E° y�fig.asltt�� vEsb b -5�� a�i � u ESE iiSF'k'�b YB y�.h `Y?i� a2a. az3HM3`s. Mg. f =• W Z 1 i aCCG P-21, N.�i a r -It I y v Z o ¢ o_ ♦ +wmns n o f =• W +roirz.a r?I %S i -R.ortl i.�z Vol. 213 Pg. 2 W O N J C O 0 _ 2 � _� N OC Z O w O u U � 4 CC> N U Y K O 3 w 0 O Z o N y. a 7 W "g U W G U N U s 3 i P-21, y v Z o ¢ o_ ♦ +wmns n o W 2 > W +roirz.a r?I %S i -R.ortl i.�z Vol. 213 Pg. 2 W O N J C O 0 _ 2 � _� N OC Z O w O u U � 4 CC> N U Y K O 3 w 0 O Z o N y. a 7 W "g U W G U N U s 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to construct road bores for three 12 -inch poly water lines a minimum depth of 10' under Bird Pond Road approximately 10,432' southwest of SH 30. All three lines will be encased with 16 -inch steel pipe. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: Sammy alena Commissioner Precinct 2 / ❑ DENIED by Commissioners' Court Duane Peters, County J DATE: I I a5u�f Vol. 213 P . 13 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Apache Corporation, hereinafter referred to as "Company" a Delaware Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased BIRD POND ROAD 73.80' X X Facility to Parallel County Road Within Right -Of -Way CONSTRUCTION TYPE 3- 12" Diameter .255" Wall Thickness ❑ High Pressure Underground Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification SDR II Poly operating pressure) pressure) Minimum Yield Strength 42.000 psi Maximum Operation Pressure 200 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 90 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 be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Vol. 213 Pg. �� Approval of County Engineer's Office may take as long as two Weeks after complete application is received Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in constriction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In Ilse event Company fails to obtain a per nil prior to file installation or does not install utlifies In compliance with htslallation requirements set forth herein (i.e, depth, location, etc), Company assumes all financial responslbilhy for damages an"r destruction of lilies, cables, etc, based upon its future to comply whir Brazos Counly regulrennenfs. Applicant agrees that !f Brazos County demonstrates it violation of the terms of this policy, Applicant stipulates that rerpuisires for Injmnctive relief exist and that Brazos Cwmry is entitled to relief enjoining ally conduct by applicant which Is contrary to the policies, This pernril is a revocable permit. Brazos Coutnly reserves the right to revoke this pal mil of ally tae, ill file sole disa,elion of Brazos County, for interests of public health, safety or weifirre, orfor failure to repair any dalnages upon denhand, orfor any other reason deemed sufficient by Brazos Couty. In file event Cahmpany fails to comply nvlh ally or all of the requirements as set forth herein, the County nay take such action as it deems appropriate to compel compliance. The Co«lrty Engineer further retains file right to revoke /his Permit by verbal notifreatou to file Applleanf/Coalpony. Failure to obtain this permit andlor notify, file County Engineer's Office within 24 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. Ane"6Q. (4yp wv 6o,% Compm� y>Name A u-%+iw eza( By: Siy�`va ur �& +iNOnVrdl Title avw W, Say.1 way.,,nlu ., S. y k row Address koaskt. TA l7 °4Y City State Zip "I 32T —a53 t Phone Number _� KaI' "t P2v ti r[iccYYj. (ONE. Email: Vol. 213 Pg. �i� PIPELINE UTILITY APPROVAL Brazos County offers no objection to the pro posed location of the utility in the County right of way as shown by accompanying drawings and notice dated / — �� — / except as noted below: (Month/Day/Ycar) EXCEPTIONS: NoK br AW Brazos County - ytTt 21 Pg EXHIBIT "A" BRAZOS COUNTY, TEXAS o a° N rcmrm NOT E5; m% pwOm w w N 1PIIRE M.HE�WR 5' lY " II POLY "/ lENN6 S m ow TEXAS ww PURE ram* W.T. CATWL OmmiNa M NO M. CMRAL 20NL Fl f DE 0 NWN DP! 0BlONM . W WNM BAS, N TIXAE STATE PL" M mO 11! lK . IIAD N Dm1AA1 2CNE. NAVp Po, f1ENRONS OUMD Rpm WS OBSONA1bx5. �.P CDORDPyi MpY.M ARE 1 STATE RNE 0 w COMNINNms NIESS WA Et WERMSE. A X DLx=w NL Nf.ERPGNO mGRQ3 NMA 10 mII511NCIXIN. R 4J' GPP �PN� PROPOSED 10" HP. GAS EXIST. WATER UNE - EXIST. ETC P/L O.F. COEN. SECOND TRACT CALLED 50 AONS VOL. 9z PO 369 O.R.B.C.T. NOTE: HOR2. 1".50' CROSSING ANGLE NOT 90' DUE TO EXISTING PIPELINES WIT111NTNE CORRIDOR. CROSSING MODE: BORING CONTENTS OF PIPELINE: WELL ROW CARRIER: 1 H.P. GAS PIPELINE - 10.750 O.D. X 0.365 W.T. X -52 1 00 UQlD PIPELINE - 05 0.0. X 0.300 W.T. X -42 3 WATER PIPELINES - 12" MR D POLY W /16'X 0.755 W.T. CASING YEILD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED PIPELINE CROSSING BIRD POND ROAD FOOTAGE: 73.80 FEET = 4.47 RODS PROJECT NO. GW"Am - - Vol. 213 Pg. `?' g D -/61-1 SCSBYIJ. WAY REGIIDERED PROFESSIONAL LAND SURVEYOR No. 4217 APACHE CORPORA110N 104408 -P1 1 2 d o a° N N b j W Fl f W w PmPW PPFIWf W W m m Yt1N,NO SINN AT R/N RNY m r J PmN Ow m PNN E F V n w a 2!O $ EE V V U 2 NAT 2 Z Z U IMT 240 f0' MIN. 10' MIN, 230 PROPOSED PIPELINES O lA PROFILE LOOKING NORTHEAST �f4 _ 230 mmm. NONz 1"_50' _fsoB`ev NOTES: vElO. 1' °2y f \ °.. 42' CROSSING MODE: BORING CONTENTS OF PIPELINE: WELL ROW CARRIER: 1 H.P. GAS PIPELINE - 10.750 O.D. X 0.365 W.T. X -52 1 00 UQlD PIPELINE - 05 0.0. X 0.300 W.T. X -42 3 WATER PIPELINES - 12" MR D POLY W /16'X 0.755 W.T. CASING YEILD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED PIPELINE CROSSING BIRD POND ROAD FOOTAGE: 73.80 FEET = 4.47 RODS PROJECT NO. GW"Am - - Vol. 213 Pg. `?' g D -/61-1 SCSBYIJ. WAY REGIIDERED PROFESSIONAL LAND SURVEYOR No. 4217 APACHE CORPORA110N 104408 -P1 1 2 Y? 44"N 9614'43.10 "W 4h I BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni hg ttime traffic control measures pursuant to the TMUTCD; -- -- Vol. -213 Pg. — - b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards L All overhead installations shalt 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 feet. 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 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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 ijthe 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; Vol. 213 Pg. �� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUtCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Ememencv 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 __ Vol. 213 Pg. J;2 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 existine 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, wives, 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. Hieh 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 deeuest ditch Prude) 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 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. 20 Pg, FF iU1�a5 y4� d }� i687,�izs §aB�gss� ��X X�s her l xF a. s N �q 4 ! B e FlSd 8 sEIZ EBB 9 @E�gfp - SeB�t =_f9g$�.g Pe =� XX — i -s la_µ°Itl a - t v ' NiIrcN AJILWS y99y�� t' -u.i�n mg x inv.s JVImJ Y$� cq VW C6 Yi �..FY CR a 1 XI Au [ +Y =spun eN '. F4.uI +LL'v1�A - -. W /c VLUO .1 +.°:t Y .in .VY rvM fG9:L Vol. 213 Pg. S� �F a w 0 J O U Z ¢ 7 O LU — C W O U U � W C � U Y O 3 W Z V O . w � U � F Q 7 Vi O U 3 W O o S N o W° �s W U U Q Gi N U C 3 N 14 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: November 25.2014 ITEM: Consider and take action on acceptance of North Country Estates Phase Eleven Q 1)into the Brazos County road maintenance system• the roads Blazing Trail and Vaquero) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: • Brazos County will assume no maintenance responsibility for drainage ways or easements in Phase 11 other than those running parallel to, or across the road /street rights of way. Private drainage ways and easements shall be maintained bythe individual property owners or the Home Owners Association (HOA). • Brazos County shall maintain the roadway, shoulders as needed and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsiblefor mowing and landscape maintenance of all rights of way and easements. • Developer/HOA will tender a one -time payment to the County in the amount of $10,000.00 ($5,000.00 received from HOA and $5,000.00 received from Mervin D. Peters)toward future roadway repairs in advance of actual repairs by the County. • Phase 11 plat was approved by Commissioners Court 10/11/2005; County approved construction 126/2006. SUBMITTED BY: �E R. Alan Munger, P County Engineer CC2014 This Request isro ed a+'(or) Denied Date:�� E. Duane Peters, County Judge T� 6Lfv APPROVED BY: Runy Cana Commissioner, Precinct 2 by Commissioners' Court Vol. 213 Pg. �� 15 .. . �M, . is . COMMISSIONERS' COURT 0_N1 •tl GCu DEPARTMENT: Road & Bridge MEETING DATE: November 25, 2014 SUBJECT: Utility Permit — Verizon Consider and take action on the Verizon utility permit to place a 2" bore under River Road located 548' south of the northerly intersection of Dogwood Trail and River Road. Crossing will supply phone service to customer on the east side of River Road. Site is located in Precinct 4. SUBMITTED BY: Q W -W, Darrell W. Kolwes Right of Way Agent APPROVED BY: Irma Cauley Cormnissioner Precinct 4 This request is APPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: I I ,56g Vol. 213 Pg. e NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now WRIZON SOUTHWEST [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at a point approximately 548' south of the northerly junction of Dogwood Trail and River Rd., a 2" road bore will be made east across River Road 50'. The proposed work will be at a minimum of 3' below the bottom of the ditch. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. Vol. 213 Pg. .S% 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 notification. VERIZON SOUTHWEST Company Name Brenda Vaidak By: �1R�'1GJ�.�t- V Cf�CIUI� Signature Supervisor- Network Engineer Title 301 Industrial Blvd., Bryan, Texas 77803 Address 979 - 821 -4770 Phone Number Brenda.vaidak(@,,verizon.com Email ACCEPTANCE OF NOTIFICATION - — Vol_ 213 Pg. -� Y ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated %l� — % except as noted below: EXCEPTIONS: ram Brazos County Engineer Vol. 213 Pg. Google Maps Help,- fy PSq, 8%.j 11peg ,,4i ,y2,u 6o4emll give $2. Donat!no N 17 to N �4 Q .64_ IPI. � A" 94? v W01,81160 50 � I 8657Hag WORK LOCX7WAI M.pd,U*2Ol4Gooql* 500ft Page 1 of 1 https://www.google.com/maps/@30.5608757,-9#0p�i ?.Ihlm 11/12/2014 Li a*,*. Q1 i� o0 �o oo/ 0 NOTE AREA — wp9.dgn 11/12/201411:51:44 557428 DI1123 DI1125 I 'ERIZON 9TS AREA I STATE: TX DIVISION: SOUTHWEST EXCH.- 5416 1 REM. CD.: 004 '.C.: 8460 IWO NO.: RECORDS ICONTROL NUMBER: •ITLE: COUNTY NOTIFICATION ITAX DST.: WP: I RNG.: I SEC.: I SAL: ATE. 11/12/14 IREV. DATE: CALE:1'= 100.00' ILE: WP9 ORWN I ENO I APRVD I PRINT RVW RVW 1 OF 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. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 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; Vol. 213 Pg. e b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 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 to 2 feet, nominally I' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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; __ Vol. 213 Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; ff, 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. Emereencv 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 Vol. 213 Pg. 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 existine 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 I. 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 (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 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 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. 213 Pg. �J�_ -ST S 0 gEEiplb E FRm tiff f!o• 1 ] 13 V�j ioP email.^ -vc JIY — . — - — . — - — - — — - — - — . —. a ` i =a ecNF -K =iv /��/ �� q•�1�. _ Y t e a W i ..t+c5 "j O u°c.a+ p9_ i W [9 4 +[ I L S I S� — e j �Ea e Vol. 213 Pg. J O w x °o V � C — O — Vy O W U U C F- 2 C>C J 10 Y [L O 3 W O u J � = 2 i G Cp i I O O N � U Y 3 i I W O � pw O N C G K — W a i W + N � i U Y 3 � � � �`'_- E §• I I- g g;g - -s�� N N 9 9� =�2F5i 1 � age R E!. � �� ° °c as � � .J a 8'S ° °R.RfR W W5: n n$£9i pee: yFddHk ' 'g_5 6 6E_ o oro i Q62t �Z= i :r.�9IT•�'� g gs j j � �' � �-��` s: °'iE�i % %e ?F g g2 €� a a � � a ag � �{ RY + +$•51�;�4 It: `=a I.-UM =8 g gyp:^ p pip its I sg� er- le g Mill E 1£ "n g Y Y M E:g E .- u°c.a+ p9_ i W [9 4 +[ I L S I S� — e j �Ea e Vol. 213 Pg. J O w x °o V � C — O — Vy O W U U C F- 2 C>C J 10 Y [L O 3 W O u J � = 2 i G Cp i I O O N � U Y 3 i I W O � pw O N C G K — W a i W + N � i U Y 3 � S� — e j �Ea e Vol. 213 Pg. J O w x °o V � C — O — Vy O W U U C F- 2 C>C J 10 Y [L O 3 W O u J � = 2 i G Cp i I O O N � U Y 3 i I W O � pw O N C G K — W a i W + N � i U Y 3 � J O w x °o V � C — O — Vy O W U U C F- 2 C>C J 10 Y [L O 3 W O u J � = 2 i G Cp i I O O N � U Y 3 i I W O � pw O N C G K — W a i W + N � i U Y 3 � BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 8.1-8.4 On this the 25th day of November 2014 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 25th day of November 2014 the Court heard and approved a budget amendment for the 2014 -2015 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 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25th day of November 2014. THE COMIMSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: ID Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 213 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 8.1 11/25/2014 Reallocation of funds to purchase a 2015 F150 F-xtended Cab to rpplace one of the Animal Control Units. ___ Vol. 213 ft. (./ &I? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 8.2 Work Crew Van. and Vol: 213 Pg. L lc BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15-8.3 11/25/2014 FUNDI DIV I ACCT PROD I DR/CR ACCOUNT NAME Increase Decrease 4500 1 63000500 1 80890000 CR Vehicles 26150.00 45001 630005001 80893100 DR Vehicles - Juvenile 26150.00 Ca ital Pro acts Reallocation of funds to purchase a DodggeDurangofbr the Juvenile De arunent. Vol. 213 Pg. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14115 - 8.4 1112512014 % Vol. 213 Pg, Event Supplies/Semces Reallocation of funds to the =rect accounts to purch e items that will be c1mified as fixed assets. % Vol. 213 Pg, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 57.1— 57.2 On this the 25th day of November 2014 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 25th day of November 2014 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 necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25th day of November 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 213 Pg. %.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 57.1 11/25/2014 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 40530000 CR Venue Tax 199 358.64 1100 11002800 73470000 DR TAMU Kyle Field 199,358.64 HOT Fuud To realize the venue tax collected for the period of Jul 1, 2014 to September 30, 2014 — - Vol. 213 Pg. / — BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13/14 - 572 11/2512014 a '®W®' '® • '® rrr :rr rrr rrrrr -� Emplo m r rr :rr rrr rrrrr -� :. • � rrr rr- Reallocation Of funds to cover payroll in the proper account for FY 14 for the Medical Directoes Salary. Vol. 213 Pg. 7y _ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 25, 2014 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 District Clerk Facilities Services Sheriffs — Admin Stelma, John Gill, Christopher New Hire Termination Threadgill, Christine New Hire Approved in Commissioners' Court: Novo er t252 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol.213_Pg. 7-5� on RELEASE AND INDEMNITY AGREEMENT RECITALS: Zb WHEREAS, Wesley Strambler claims he was subjected to inappropriate contact with former Brazos County jailer Laketh McKinney, and that his civil rights were violated, and thereafter asserted a claims for damages; and WHEREAS, Brazos County, Texas denies Wesley Strambler's allegations, and denies liability or that it is in any way responsible for the resultant damages, if any, but has offered to pay unto Wesley Strambler, solely by way of compromise and settlement, and the said Wesley Strambler has agreed to accept, by way of compromise and settlement, the total sum of FIVE THOUSAND DOLLARS AND 00/100 ($5,000.00) (allocated and characterized as described below), as full settlement of all claims asserted or that could be asserted, whether such claims have in fact been asserted. RELEASE: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, Wesley Strambler, and on behalf of my heirs, assigns, administrators, legal representatives, and all persons claiming by, through or under me, for a good and valuable consideration, including the total sum of FIVE THOUSAND DOLLARS AND 00 /100 ($5,000.00), payable as set forth below, the receipt of which is hereby acknowledged, do hereby RELEASE, ACQUIT, QUITCLAIM and FOREVER DISCHARGE Brazos County, any and all present and former employees (including but not limited to Laketh McKinney), elected officials, agents, and any other representatives of Brazos County, and any and all other affiliated persons, and their representatives, successors and assigns, agents, indemnitors, the Texas Association of Counties risk pool, and each of them, the law firm of GERMER PLLC, all persons and entities in privity with the foregoing, and any other person or entity, though not named herein, who may be legally liable to me, or against whom claims could have been asserted by me, as a result of my employment with Robertson County ( "Released Parties "), from any and all claims, demands, liens, charges, debts, judgments, costs, rights and causes of action of any type, kind and character, statutory, equitable or at common law, arising directly or indirectly from or by reason of the above - described incident, including, but not limited to, any claims of negligence, gross negligence, excessive force, failure to treat, cruel and unusual punishment, constitutional tort, survival action, 42 U.S.C. § 1983 violations, alleged violations of the United States Constitution, the Texas Constitution, the Texas Commission on Human Rights Act, or any other claims, causes of action or other unlawful practices, or any other tort or intentional tort, and any other claim arising under any constitution, statute, or common law that could have been brought in this lawsuit. Without limitation, I further acknowledge that this Release encompasses all claims for any type, kind and character of damages or injuries, whether now or hereafter recognized by Iaw, including, but not limited to, incidental and consequential damages, punitive damages, penalties, fines, attorneys' fees, pre judgment interest; financial and pecuniary damages such as medical expenses, property damage, lost wages, loss of income, loss of professional standing, Page 1 of 4 Vol. 213 Pg. % reputations] injury, diminished earning capacity, back pay and front pay; intangible damages, pain and suffering, mental anguish, distress, embarrassment, humiliation, inconvenience, disfigurement, physical impairment, medical expenses, exemplary damages, and loss of society, services, felicity, support, advice, counsel, love, solace, affection, guidance, counseling, enjoyment of life, familial relationship and consortium. It is the intention of the parties to this Release that the consideration stated herein fully and completely compensates me for all injuries, damages, known, and unknown, past and future, directly or indirectly resulting from or in any manner related to the incident giving rise to this litigation. It is my intention and my understanding that by this Release I reserve no claims against anyone, whether named or unnamed, arising out of this incident. In consideration herein, I agree to make no further claim against any person or entity for any damages or injuries directly or indirectly sustained as a result of the incident giving rise to this litigation. This is a Release of all who may or could in any way be liable to me as a result of the incident. ASSIGNMENT OF CLAIMS: In order to fully effectuate the terms and intent of this Release, I hereby ASSIGN, TRANSFER and CONVEY unto the released persons, parties and entities any and all claims, demands, liens, charges, debts, judgments, costs, rights and causes of action arising directly or indirectly out of the incident made the subject of this suit, whether known or unknown, against all persons and entities, and whether now existing or hereafter arising, acquired or discovered, I further agree to execute and deliver any and all additional documents, which may be required to effectuate the terms of this Release and assignment. I HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD AND SAVE HARMLESS (AT OUR SOLE COST AND EXPENSE, INCLUDING ATTORNEYS' FEES) THE RELEASED PERSONS, PARTIES AND ENTITIES FROM ANY AND ALL CLAIMS AND LIENS WHICH MAY BE ASSERTED AGAINST THEM BASED UPON ANY MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC EXPENSE, LIEN OR SUBROGATION INTEREST. I represent that I have not assigned, transferred, or pledged to any person or entity an interest in the claims made the subject of this Release. In entering into this compromise, I acknowledge that I relied fully upon my knowledge and information as to the extent and duration of the injuries and damages received, and that I have not been influenced by any representations made by or on behalf of the parties herein released. I acknowledge that it is possible that I may subsequently discover, develop, or sustain damages, diseases or injuries of which I am not aware at this time, or which are not foreseeable or in existence at this time, and I acknowledge that this Release is intended to extend to and cover such future damages or injuries which I may incur, develop, sustain, contract or discover. I further represent that my attorney has explained the terms and effect of this Release to me, and that understanding such terms, I desire to accept same and enter into this Release. Only the consideration stated herein has been paid or agreed to be paid for this Release, it Page 2 of 4 Vol. 213 Pg. being the understanding that the same is to constitute a FULL and FINAL settlement and release of any and all claims, which I may have by virtue of the injuries and damages described. MEDICARE LIEN AND INDEMNIFICATION: As to any future Medicare liens, I and my attorney expressly represent that any Special Needs Trust or Medicare Set Aside (MSA) will be funded solely by me out of the proceeds of this settlement, and I agree to be solely responsible for any future medical expenses related to my claims. Released Parties and their insurers have offered to set aside a portion of this settlement to cover future claim- related medical expenses, but I expressly reject any such retention of funds by the Released Parties. I acknowledge that as a consequence of this settlement, Medicare may refuse to pay for future clams- related medical expenses. I assume full and complete responsibility for ensuring compliance with the Medicare Secondary Payer Statute and all other related Medicare laws and regulations except for the duty of a Responsible Reporting Entity to report under 42 U.S.C. § 1395y(b)(8). I agree to defend, indemnify and hold harmless Released Parties from and against any existing or subsequently discovered claims by any Medicare entity arising out of past or future medical expenses related to my claims, including penalties, interest, and attorney's fees. I further agree to indemnify and hold harmless Released Parties from any cause of action against them related to my claims for Social Security benefits or any other form of government benefits, including penalties, interest and attorney's fees. I also expressly release any future claims against Released Parties arising under the Medicare Secondary Payer Statute or related federal law. ADMISSIBILITY OF COMPROMISE IN FUTURE PROCEEDINGS: The recitals mentioned herein are contractual and are not mere recitals. This compromise and settlement shall not be offered, exhibited, tendered or admitted for any purpose or matter of proof in any lawsuit, administrative or other proceeding now pending or subsequently filed against the Released Parties, except that the Released Parties may plead and introduce any or all of this Release as a bar and discharge or to enforce the settlement. Nor shall this compromise or any part hereof be construed or used as an admission of liability on the part of the Released Parties. It is acknowledged that the Released Parties vigorously dispute liability in this case. CONTROLLING LAW: This Release and Indemnity Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. This Agreement is performable in Brazos County, Texas. COPIES MAY BE USED AS ORIGINALS: The Parties agree that upon full and complete execution of this instrument, photocopies, faxes and pdfs of the executed Release and Indemnity Agreement may be used as originals. Page 3 of 4 Vol. 213 Pa. Is Signed this day of N20 41 . THE STATE OF TEXAS COUNTY OF je LiV Zn- BEFORE ME, the undersigned authority, on this day personally appeared Wesley Strambler, known to me to be the person whose name is subscribed to the foregoing Release and Indemnity Agreement and acknowledged to me that he executed the same in the capacities therein stated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the �µ day of 2014. srACEYBM y ar Ip E Notary Public, State of Texas ' My Commission Expires: I I&I& ATTORNEY'S CERTIFICATE I certify that I am the attorney representing, Wesley Strambler, with respect to the above - described claims. I have read the foregoing Release and Indemnity Agreement to him and have fully explained it to him and the legal effect thereof, and eft such explanation, he is fully satisfied to release his claims. THE Paul Page 4 of 4 Vol. 213 Pg.