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2014-12-09 10:00AM REGULAR MEETING
v f T N -k h BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 9, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 24: 3. Approval of Official Bonds. 4, Appointment of Elizabeth Dickey to the Local Workforce Development Board; term of appointment is 1/15/2016-111612018. 5. Request from the Information Technology Department for out of state travel for Ian Spares and Courtney Dainty to attend the 2015 Laserfiche Conference in Anaheim. California on January 13 -16 2015. 6, Request for 2 (two) weeks "Unpaid Leave of Absence" for a Tax Office employee who has been with Brazos County for less than 6 months. 7. Consider and take action on acceptance of the Road and Bridge 2015 Holiday Schedule option which is equivalent to the standard approved (88 -hour) 2015 County Holiday Schedule. 8. Request from the Tax Office for the following personnel chances effective December 20. 2014. • a. Create Office Manaaer. Class Code To Be Determined Position 1. Group 16 Step 8. Pav Code 014. 94% funded in 13000100 and 6% funded in 13006000 • b. Delete Clerk III, Class Code 2345 Position 4, Group 12 Step 5, Pay Code 014 • c. Decrease Staff Accountant. Class Code 2305 Position 1, Group 19 Step 8 to Group 19 Step 4, Pay Code 014 Vol. 213 Pg. Z51 • d Decrease Assistant Staff Accountant Class Code 2331 Position 1. Group 15 Step 8 to Group 15 Step 4 Pay Code 014 • e Decrease Supervisor - Property Tax. Class Code 2321 Position 1 Group 20 Step 6 to Group 20 Step 5 Pay Code 013 • f. Decrease Administrative Clerk Class Code 2313 Position 2 Group 14 Step 4 to Group 14 Step 3 Pay Code 014 • g Decrease Info & Supply Clerk Class Code 2351 Position 1 Group 10 Step 4 to Group 10 Step 3, Pay Code 014 • h. Increase Voter Registration Coordinator Class Code 2318 Position 1. Group 16 Step 5 to Group 16 Step 8 Pay Code 013 • i. Increase Clerk III Class Code 2345 Position 1 Group 12 Step 4 to Group 12 Step 5. Pay Code 014 9. Approval of the Job Description of the Office Manager (Class 2310) for Tax Assessor /Collector. 10. Acceptance and agreement to fund up to $60,000 for the Brazos Valley Council of Governments to conduct a Request for Proposal to seek a consultant to conduct a full feasibility study for a Regional Medical Examiner's Office. 11. Authorize the County Judge to sign the Law Enforcement Agency (LEA) Application for Participation in the Texas DPS administered 1033 Program. 12. Approval of contract for civil/ site design services with Mitchell & Morgan for Pct 1 Justice of the Peace/ Constable facility. 13, Authorize the Brazos County Judge to sign a Rule 37 letter granting Halcon Resources a waiver to the State well spacing requirements. 14. Approval of permission to advertise RFO #2015 -21 Architect for Remodel of a Building for Medical Clinic. 15. Consider and take action on acceptance of North Country Estates Phase Eleven 01) into the Brazos previous request tabled - 11/25/2014 Commissioners Court Agenda) Site is located in Precinct 2. 16. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line thru culvert and along right of way of Merka Road. Project will provide water to oil well location. Site is located in Precinct 2. 17. Consider and take action on the Final Plat of Hidden Place Subdivision, 5.037 Acres: J. W. Scott League A-49• Brazos County Texas. Site is located in Precinct 2. 18. Tax Refund Applications for the following: • a Jessica Moreno Ramirez - overpayment - $31.14 • b Placido Lars & Yuridiana Arechar - overpayment - $13.28 • c. Prosperity Bank - overpayment - $41.45 • d. Affordable Mobile Homes -overpayment - $18.15 • e. Mary Jane Miller - overpayment - $55.16 • f. Tomas Tristan - overpayment - $26.63 • q. Jose Uriel Martinez - overpayment - $26.25 • h. Maria Lazo - overpayment - $22.77 • L Brazos County Abstract Company - overpayment - $12.88 • i. Kellie Elson - overpayment - $68.37 19. Commissioners Court minutes for the following dates. • a. November 4 2014 - Regular Meeting • b. November 11. 2014 - Regular Meeting Vol. 213 Pg. 15o2 I • c. November 11 2014. Special Session • d. November 18. 2014 - Regular Meeting • e November 18. 2014 - Workshop Session • f November 25. 2014 - Regular Meeting 20. Budget Amendments. Budget Amendments 14/1510.1 -10.3 21. Personnel Change of Status. Personnel Action Fortes 22. Payment of Claims. 23. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 24. Consider and possible action on the Executive Session. 25. Acknowledgement of monthly reports submitted in November 2014. 26. Sheriffs report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and /or concerns. 29. Adjourn. Vol. 213 Pg. 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 Artide V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Omer 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 moat, ethnic or gender 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 Craton; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 213 Pg. /_'j BRAZOSCOUNTY MINUTES December 9. 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Lf File Stamped Aaenda.pdf e- Sian in sheet.0 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 9, 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, Absent; 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 Mallard t� ItemApprovalSheet.html Judge Peters led the pledge in Commissioner Mallard's absence. 2. Call for Citizen input and /or concerns. Mervin Peters gave a short presentation to the Court on the Booneville Heritage Park Vol. 213 Pg. l� s Walking Trail. Consider and take action on agenda items 3 - 24: 3. Approval of Official Bonds. n- Item 3.pd The following official bonds were approved: • Irma Cauley • Louis Garcia, Jr. • Richard G. Hill • Duane Peters • Sammy Catalena • Karen McQueen • Tommy A. Munoz Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 4. Appointment of Elizabeth Dickey to the Local Workforce Development Board; term of appointment is 1/15/2015- 1/15/2018. tr--d Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 5. Request from the Information Technology Department for out of state travel for Ian Soares and Courtney Dainty to attend the 2015 Laserfiche Conference in Anaheim, California on January 13 -16, 2015. I� i Item 5.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 6. Request for 2 (two) weeks "Unpaid Leave of Absence" for a Tax Office employee who has been with Brazos County for less than 6 months. Ir-�- Item 6.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann. Members Absent: Mallard. Consider and take action on acceptance of the Road and Bridge 2015 Holiday Schedule option which is equivalent to the standard approved (88 -hour) 2015 County Holiday Schedule. 0 Item 7.0 f A copy of the approved Road & Bridge 2015 holiday schedule is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters. Wassermann . Members Absent: Mallard. 8. Request from the Tax Office for the following personnel changes effective December 20, Vol. 213 Pg. /✓f� 2014. • a. Create Office Manager, Class Code To Be Determined Position 1, Group 16 Step 8, Pay Code 014, 94% funded in 13000100 and 6% funded in 13006000 • b. Delete Clerk III, Class Code 2345 Position 4, Group 12 Step 5, Pay Code 014 • c. Decrease Staff Accountant, Class Code 2305 Position 1, Group 19 Step 8 to Group 19 Step 4, Pay Code 014 • d. Decrease Assistant Staff Accountant, Class Code 2331 Position 1, Group 15 Step 8 to Group 15 Step 4, Pay Code 014 • e. Decrease Supervisor- Property Tax, Class Code 2321 Position 1, Group 20 Step 6 to Group 20 Step 5, Pay Code 013 • f. Decrease Administrative Clerk, Class Code 2313 Position 2, Group 14 Step 4 to Group 14 Step 3, Pay Code 014 • g. Decrease Info & Supply Clerk, Class Code 2351 Position 1, Group 10 Step 4 to Group 10 Step 3, Pay Code 014 • h. Increase Voter Registration Coordinator, Class Code 2318 Position 1. Group 16 Step 5 to Group 16 Step 8, Pay Code 013 • i. Increase Clerk III, Class Code 2345 Position 1, Group 12 Step 4 to Group 12 Step 5, Pay Code 014 It•_� Item 8.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . Approval of the Job Description of the Office Manager (Class 2310) for Tax Assessor /Collector. Item 9.odf A copy of the job description is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 10. Acceptance and agreement to fund up to $60,000 for the Brazos Valley Council of Governments to conduct a Request for Proposal to seek a consultant to conduct a full feasibility study for a Regional Medical Examiner's Office. IT' Item 10.odf The County Judge said that he hoped the other counties would participate and contribute toward the cost of the study. If so, this would lower Brazos County's portion. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 11. Authorize the County Judge to sign the Law Enforcement Agency (LEA) Application for Participation in the Texas DPS administered 1033 Program. IF" Item 11 Pd A copy of the Law Enforcement Agency Application for Participation is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Vol. 213 Pg. !j Peters , Wassermann . Members Absent: Mallard . 12. Approval of contract for civil/ site design services with Mitchell & Morgan for Pct. 1 Justice of the Peace/ Constable facility. 11- Item 12.0 A copy of the contract is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 13. Authorize the Brazos County Judge to sign a Rule 37 letter granting Halcon Resources a waiver to the State well spacing requirements. 0, 3 Item 13.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 14. Approval of permission to advertise RFQ #2015 -21 Architect for Remodel of a Building for Medical Clinic. li, Item 14 .pd Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 15. 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. (Second submittal, previous request tabled - 11/25/2014 Commissioners Court Agenda.) Site is located in Precinct 2. h `2 Item 15.pdf it Item 15- Abstention AffidavitL6f Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 3 -0. Members voting Aye: Catalena , Cauley, Wassermann . Members voting Abstain: Peters . Members Absent: Mallard . 16. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line thru culvert and along right of way of Merka Road. Project will provide water to oil well location. Site is located in Precinct 2. F -- Item 16.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 17. Consider and take action on the Final Plat of Hidden Place Subdivision, 5.037 Acres; J. W. Scott League, A -49; Brazos County, Texas. Site is located in Precinct 2. IL: Item 17.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 18. Tax Refund Applications for the following: Vol. 213 Pg. j Y • a. Jessica Moreno Ramirez - overpayment - $31.14 • b. Placido Lara & Yuridiana Arechar - overpayment - $13.28 • c. Prosperity Bank - overpayment - $41.45 • d. Affordable Mobile Homes - overpayment - $18.15 • e. Mary Jane Miller - overpayment - $55.16 • f. Tomas Tristan - overpayment - $26.63 • g. Jose Uriel Martinez - overpayment - $26.25 • h. Maria Lazo - overpayment - $22.77 • i. Brazos County Abstract Company - overpayment - $12.88 • j. Kellie Elson - overpayment - $68.37 II'---1 Item 18.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley Peters . Wassermann . Members Absent: Mallard . 19. Commissioners Court minutes for the following dates: • a. November 4, 2014 - Regular Meeting • b. November 11, 2014 - Regular Meeting • c. November 11, 2014 - Special Session • d. November 18, 2014 - Regular Meeting • e. November 18, 2014 - Workshop Session • f. November 25, 2014 - Regular Meeting Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 20. Budget Amendments. Budget Amendments 14/15 10.1 - 10.3 e Item 20.pdf 10.1 Reallocate funds for Capital Projects - Facilities Services 10.2 Transfer funds from Constable, Pct. 4 to General Fund Contingency 10.3 Reallocate funds for Capital Improvement: JP & Constable, Pct. 1 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 21. Personnel Change of Status. Personnel Action Forms IM Item 21.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 22. Payment of Claims. Vol. 213 Pg. l,i Y 12 BILL LIST 12.09.14.odf R Claims SheeLOdf 7127971 - 7128216 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters. Wassermann . Members Absent: Mallard. 23. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 25 through 28 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:25 a.m. the County Judge stated that the Court would convene into Executive Session for deliberations involving medical or psychiatric records of a county employee pursuant to Section 551.0785 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Kendra Suhling, Civil Counsel Jennifer Salazar, Human Resources Director 24. Consider and possible action on the Executive Session. At 10:33 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve a specific procedure for a certain Brazos County employee that was also approved by Dr. Michael Jones. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 25. Acknowledgement of monthly reports submitted in November 2014. IQ Item 25.odf The Court acknowledged receipt of the Extension Service reports submitted in November 2014 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff Vol. 213 Pg. /G 26. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 585 inmates in jail, 29 have electronic monitors and 6 are pending for monitors. 27. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that the Brazos Valley Museum of Natural History is having their Holiday Showcase today at 5:30 pm - 7:30 pm at the Brazos Center. Judge Peters congratulated Kristy Roe on her award as the Tax Assessor /Collector of the Year. 28. Call for Citizen input and /or concerns. There was no citizens input. 29. Adjourn. Vol. 213 Pg. /C/ The foregoing minutes of the Commissioners Court meeting held December 9, 2014 have been examined and are approved in open Court this �O fl41'- day of 2015, in Bryan, Brazos County, Texas. 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ZZ,2- W. \ & al \ 2 k ]\ © §\ ; !§ § Vol. 213 Pg. ZZ,2- W. \ & al \ . kk� § k {4=;!§ \ !!$ | | ! ! . � � § |{ . § §\ �} ■ | ! § § §)� `ƒ{ � §•! § §* ft ) § ■• !& }k { . kk� k � } | ) | a � )!) ) /)k § § {4=;!§ § \ | #\ � § . . § §\ ■ | ! § k ` ■ k � } | ) | a � )!) ) /)k § � \ E ) z Vol. 213 Pe./ 73 § {4=;!§ § \ � \ E ) z Vol. 213 Pe./ 73 qtyBrazos County Job Description Last Updated: December 2014 Template 11,M.'on 12ee1ISM2 Class Number: 2310 Title: Office Manager Pay Group: 16 Department: Tax Assessor/ Collector FLSA Status: Exempt Reports To: Tax Assessor/ Collector Approved Date: 12/0912014 EEOC Category: Office and Clerical General Summary: overseas and manages daily functions of the tax office including but not limited to purchasing, budget, and personnel records. Required to work with office supervisors to promote better organization of staff and general office processes. Assist supervisors with special projects, bookkeeping documentation, and Special Inventory disbursal Essential Duties: Works with the Tax Assessor /Collector to organize schedules of work and all training opportunities for tax office staff. Assists with budget preparation and monitors foxed assets of office. Responsible for time sheet submission for all departments, oversight of purchasing and office Inventory. Must assist various departments with special processes and dally balancing and reporting practices. Other Duties as assigned. (1%) Supervision Received: From County Tax Assessor/Collector Given: None Given. .. Education Required: High school graduation orb equivalent. Preferred: Advanced education in aocountingthookkeeping and /or business preferred. Experience Required: To perform this Job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions. Preferred: CertifJaates, Licenses, R istrations Required: Must register with the Tax Assessor /Collectors Association and be willing to take education classes that provide opportunity to obtain certifications in the various dutles of the County Tax Office. Preferred: Vol. 213 Pg. I % 0 Ph sisal Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee Is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job Include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Need an understanding of generally accepted accounting principles and standard bookkeeping practices and procedures, auditing practices and procedures; standard office practices and procedures, and effective management practices. Should become familiar with all reporting requirements to all agencies connected with the County Tax Office. Organize and prioritize tasks to be assigned and completed; operate computers and standard office equipment, including word processing and spreadsheet software; read manuals, journals, and office memos; write letters, memos, and telephone messages; perform basic mathematical calculations; perform basic accounting and bookkeeping functions; balance statements and accounts; reason and interpret laws, policies, and procedures; communicate effectively, both orally and in writing; and maintain effective working relationships with co- workers, the public, and state agencies. Must present professional appearance and attitude at all times and be willing to attend all continuing education schools and seminars necessary to keep abreast of laws, rules, and regulations affecting the county tax office. - Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. R Duane Peters Date County Judge -- -- -- Vol. 213 Pg- / ?5� LAW ENFORCEMENT AGENCY (LEA) APPLICATION FOR PAR7TCfPATTON *This application must be updated and resubmitted within 30 dey%ofany changes or on an annual basis NF.W ® UPDATEe SCRRF,NF.R ID (Update Only): AGENCY: Brazos County Sheriffs Office PHYSICAL. ADDRESS (No P.O. Box): 1700 West SH 21 MAILING ADDRESS (If different than above): erry:Bryan STATE: Texas Zip: 77803 _____EMAIL: wstewart @brazoscountytx.gov FULL-TIME: 107 PART -TIMR: 0 RESERVE: "MAIN POC: Designated POC for POC: MUST HAVE AT LEAST ONE Is and emaBs on 1033 Program requests and properly pickup SCRF.F.NRRIMAIN POC: Jim Stewart, wstewart@brazoscountytx.gov, 979 - 361 -4991 SCRFFNFR /POC#2: Matt Bell, rrbelibrazoscountytx.gov, 979 - 361 -4949 SCRF.F.NP,R/POC k3: SCRF.F.NRR/POC k4: WEAPON POC (Optional) AIRCRAI, 1' POC (Optional): INVENTORY CHECK Does the Agency currently have any equipment from the )208/1033 Pntgrami YES O NO 0 WFATONS: YE3e NO® AIRCRAFT: YES® Noe WATFIRCRAFr:. YF±S0 Noe TACTICAL• Y00 NO@ OUXICONTAOLUM: YES® NOe DEME.A: YES® NO@ VE111,IM PROP1i1tTY (LESS THAN A YEAR OLD) *By signing this application, the Chief F,xecative Ofticial/Hcod of Agency (Local Field Office) Is aware of 12073/1033 Property currently in the possession of their department. "Upon acceptance into the 1033 Program, I understand that 1 have 30 days to familiar7rx myself with the State Plan of Operation and all 1033 Program guidance that Is provided by the State Coordinator and that by signing, l certify that all Information contained above is valid and accurate. CHIEF EXECUTIVE OFFICIAL/: Christopher C. Kirk, Sheriff DATE: 12101/2014 HEAD OF LOCAL AGENCY RRJT NnMls S1GNA'TU44 STATE COORDINATOR: Skylor Hearn DATE: (NOT REQUIRED FOR FEDERAL) PAINTED NAME SIGNAIM' Vol. 213 Pg. Z 761. TEXAS 1033 SURPLUS PROPERTY PROGRAM SUPPLEMENTAL DATA SHEET Date: 12/0112014 Agency: Brazos County Sheriffs Office Phone: 979 3614991 Alternate Phone: 9( 793614992 Fax: (M 3614 Website (if applicable): Screener #1: Chief Deputy/JimStewarUwstewart@brazoscountytx.gov RANK /NAME /E-IVArL ADDRESS Screener #2: Deputy /Matt Bell /mbelI @brazoscountytx.gov RANK /NAMEIE- AM ADDRESS Screener 43: RANK/ NAb1L / L-MAM ADDA135S Screener #4- RANK I N.ANM I E-MAR. ADDRESS Weapons Officer: RANK /NAMF. / E-MA1L ADDRESS ACEl1 EXECUTIVE OFF CIAL' Signature Name: Christopher . Kirk Title: Sheriff Email: chriskirkahighsheriff.com A "THO E OFFICIAL Sig _ (Name: Duane Peters Title: County Judge Email: dpeters@brazoscountytx.gov 1 Agency Chief Executive Official — Chief of Police or County Sheriff. ' Authorized Official — County Judge, Mayor, or City Manager /Administrator, University /College President or Director, Tx 1033 Fonn Al JUNR 2007 Vol. 213 Pg. % V ----------- - -. - -- _ -- TEXAS_ 1033_ S3JRPJLUS-T$OP_ERT'YRROGRAM ----- -- - - - - -- RELEASE OF LIABILITY AGENCY: Brazos County Sheriffs Office, Bryan. Brazos , Texas City, County The Texas Law Enforcement Agency (LEA) designated above acknowledges receipt of excess property from the Department of Defense pursuant to Section 1033 of the National Defense Authorization Act for Federal Fiscal Year 1997 (the "Act "). Such excess property transferred pursuant to the Act may include small arms and ammunition (hereinafter referred collectively as the "Transferred Property ") The LEA acknowledges that the Transferred Property is considered excess to the needs of the Department of Defense and that the Transferred Property may be in any condition from new to unserviceable. The LEA acknowledges that there may be hazards associated with the use of the Transferred Property, which could cause damage to property and serious injury or death. The term "use" with respect to the Transferred Property is acknowledged to include, but is not limited to, active deployment, passive transportation and mere possession. The LEA agrees to provide appropriate or adequate training to any person who may use the property. The LEA agrees that it IS NOT the responsibility of the Department of Defense, the State of Texas or the Texas Department of Public Safety to provide appropriate or adequate training to any person using the Transferred Property. The Department of Defense, the State of Texas nor the Texas Department of Public Safety assumes any liability for damages or injuries to any person or property arising from the use of the Transferred Property. By signing this agreement, the LEA agrees, subject to the appropriation of sufficient funds, to be solely responsible for any and all suits, actions, demands or claims of.any nature arising for its use of the Transferred Property. The LEA agrees to maintain, at its expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. The LEA accepts Transferred Property "as is" with no warranty of any kind. The Department of Defense, the State of Texas nor the Texas Department of Public Safety make any claims or warranties, expressed or implied, concerning the Transferred Property, including but not limited to warranty of fitness for a particular purpose. The LEA acknowledges that any item of the Transferred Property meeting the definition of "machine gun" found in 26 U.S. C. 584(b)* must be registered with the Bureau of Alcohol, Tobacco and Firearms (BATF) with an ATF Form -10 (Application for Registration of Firearm Acquired by Certain Governmental Entities). Upon receipt of a properly executed Forth -10, ATF will accept the registration of the machine gun and notify the LEA. Any machine gun registered in this manner is restricted for law enforcement use only. The LEA agrees to provide the State Coordinators Office a copy of an approved Form -10 for each machine gun that is part of any Transferred Property received. The LEA must execute a separate transfer agreement with the United States Army, through the 1033 Program, for any small arms /weapons. 1 of2 Vol. 213 Pg. / 7 � - The LEA acknowledges that it is the sole responsibility for any and all costs associated with the Transferred Property, including but not limited to, packing, crating, handling, transportation, repossession and disposal. The LEA acknowledges that Transferred Property may be disposed of only with written approval from the State Coordinator's Office and in accordance with local, state, federal laws and the regulations and guidelines of the 1033 Program prescribed by the Law Enforcement Support Office. The LEA specifically acknowledges that the preceding rule includes, but is not limited to the transfer, destruction or abandonment of any Transferred Property constituting small arms/weapons and weapon parts. Subject to the conditions set forth herein, title to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. By signing below, the Agency Chief Executive Official and the Authorized Official acknowledge and understand all previously stated guidelines and conditions. AGENCY CHIEF EXECUTIVE OFFICIAL (1): tgnature Christopher C. Kirk, Sheriff Name/Title Duane Peters, County Judge Name/Title 12/01/2014 Date 12/01/2014 Date *The National Firearms Act, 26 U.S.C. section 5801 et seq., defines a firearm to include machine gun. 26 U.S.C. Section 5845(a)(6). That same act, defines a machine gun as follows: The term "machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. (1) Agency Chief Executive Official — Chief of Police or County Sheriff (2) Authorized Official — County Judge, Mayor or City Manager /Administrator, University /College President or Director 2 of 2 -- ._VoIM3 -Pg. / 72 _ -- STATE PLAN OF OPERATION BETWEEN THE STATE OF TEXAS County of Brazos I. PURPOSE FML—Irf 'I This State Plan of Operation (SPO) is entered into between the State of Texas and the County of Brazos , to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal property which is transferred pursuant to Title 10 USC § 2576a and to promote the efficient and expeditious transfer of the property and to ensure accountability of the same. II. AUTHORITY The Secretary of Defense is authorized by Title 10 USC § 2576a to transfer to Federal and State Agencies, personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with emphasis on counter- drug/counter- terrorism activities, under such terms prescribed by the Secretary. The authorities granted to the Secretary of Defense have been delegated to the DLA in determining whether property is suitable for use by agencies in law enforcement activities. DLA defines law enforcement activities as activities performed by government agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. III. GENERAL TERMS AND CONDITIONS A. Operational Authority. The Governor of the State of Texas has designated in writing with an effective date of August S. 2011 to implement this program statewide as well as conduct management and oversight of this program. Funding to administer this program is provided by the Texas Department of Public Safety. The funding is used to administer the program and to provide support and assistance to the Law Enforcement Agencies (LEAs), via computer /telephone assistance and occasional physical visits to the LEAs. The facilities, staffing to provide the support to the LEAs within the State of Texas are as follows: State Coordinator (SC): Skylor Hearn (if appointed) State Point of Contact (SPOC): Rolando Ayala Page 1 of 11 TXDPS PPP- 1#LES201402100801 Vol. 213 P2. /_ _V (if appointed) State Point of Contact (SPOC): Laurie Patterson (if appointed) State Point of Contact (SPOC): The State Coordinator contact information is: Agency Address/Location: 5805 North Lamar Boulevard, Austin, Texas 78773 EMAIL /Contact Phone Numbers: Texas1033proaam6W.dps.texas.gov 512- 424 -7590 Fax Number: 512424 -7591 Hours of Operation: Monday- Friday. 7:30 am - 4:30 pm The DLA LESO has final authority to determine the type, quantity, and location of excess DOD personal property suitable for conditional transfer to law enforcement activities. B. This agreement creates no entitlement to the LEA to receive excess DOD personal property. C. Property available under this agreement is for the current use of authorized program participants; it will not be requested nor issued for speculative use /possible future use. Property will not be obtained for the purpose of sale, lease, loan, personal use, rent, exchange, barter, to secure a loan, or to otherwise supplement normal LEA or State/local governmental entities budgets. All requests for property will be based on bona fide law enforcement requirements. Under no circumstances will property be sold or otherwise transferred to non -U.S. persons or exported. Loaning to non- participants of the DLA LESO Program is not authorized. D. Requests for property solely for the purpose of cannibalization, and cannibalization of DOD property currently on an LEA inventory, must be submitted in writing thru the State Coordinators office to DLA Disposition Services LESO for approval. The DLA Disposition Services LESO will consider cannibalization requests on a case -by -case basis. Any transportation, repair, maintenance, insurance, disposal or other expenses associated with these assets is the sole responsibility of the LEA. E. The DLA Disposition Services LESO reserves the right to recall any and all property issued through the LESO Program. F. The DLA Disposition Services LESO conditionally transfers excess DOD property to States/LEAs enrolled in the LESO Program. DLA Disposition Services LESO retains permanent title to property with Demilitarization ( DEMIL) Codes of B, C, D, E, F, G and Q (with an Integrity Code of 3), property with these DEMIL codes is also known as controlled property. Once the State/ LEA no longer have use for property in these DEMIL codes the property must either be transferred to another LEA with State approval first or returned to DLA Disposition Services for disposal. Page 2 of 11 TXDPS PPP -1 #LES201402100801 Vol. 213 Pg. /f,' G. The DLA Disposition Services LESO permanently passes title to property with DEMIL Codes of "A" and "Q" (with an Integrity Code of "6 ") to the State/LEA after one year from the initial transfer to the State/LEAs property book from the DLA Disposition Services inventory. 1. Property with DEMIL Codes of "A" and "Q" (with Integrity Code of 6) will be systematically archived upon meeting the one year mark and will no longer be on the LEAs inventory. Prior to this property being archived, the State and/or LEAs are still responsible for the accountability and physical control of the item (s). 2. Archived property is not subject to annual inventory requirements, and will not be inventoried during State or DLA Disposition Services LESO Program Compliance Review (PCR). 3. The State and/or LEA may dispose or sell DEMIL "A" and "Q" (with Integrity Code of 6) items that have been archived from the property book, in accordance with applicable Federal, State and local laws. H. State and LEAs are not authorized to transfer or turn-in property issued under the LESO Program without State and DLA Disposition Services LESO approval. Property will not physically move until the approval process is complete. I. Property obtained under this SPO must be placed into use within one (1) year of receipt, unless the condition of the property renders it unusable, in which case the property can be returned to the nearest DLA Disposition Services Site. If property is not put into use by the LEA within one (1) year, the State/LEA must coordinate a transfer of property to another LEA or request a turn -in to return the property to the nearest DLA Disposition Services Site. IV. ENROLLMENT A. For the purposes of this program, law enforcement activities are defined as Government agencies whose primary function is the enforcement of applicable Federal, State, Local laws, and whose compensated officers have powers of arrest and apprehension. B. The State and LEA's shall: 1. LEA submits the Application for Participation to the State Coordinator for their approval. 2. Ensure only authorized LEA applications for LESO Program enrollment are submitted. 3. Approveldisapprove applicants in the LESO Program. The State Coordinator will only certify LEAs that are government agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated officers have the powers of arrest and apprehension. 4. Ensure LEAs enrolled in the LESO Program update their account information annually Page 3 of 11 TXDPS PPP -1 NLES201402100801 _. Vol. 213 Pg. 1V _ in the current property accounting system. Annual update is defined as 365 days from initial date of enrollment and/or last update. 5. Provide a comprehensive overview of the LESO Program to all LEAs once they are approved for enrollment. C. State Required Compliance Criteria: 1. If the Application for Participation is approved by the State Coordinator, it will be forwarded to LESO. If approved by LESO, the State Coordinator's office will then provide the LEA with instructions for registering in both electronic systems used for screening, requisitions, and inventory management. Once approved for participation in the program, the LEA shall submit an updated application packet to the State Coordinator no later than January 31 each year or any time there is a change in personnel or LEA contact information. Failure to do so may result in suspension and/or termination from the program. 2. Identification /Acquisition/Transportation of Property — Property may be identified electronically through the Reutilization Transfer Donation (RTD) website. Once identified, the LEA shall submit an electronic requisition through the RTD website. The State Coordinator shall approve /disapprove the request. Approved requests are sent to the LESO. LESO approved requests are routed to the Enterprise Business Solutions (EBS) or the "system ". If the EBS approves, the LEA has fourteen (14) calendar days to make arrangements with the DLA site for removal of the property. It is the responsibility of the LEA to transport requested property from the DLA site to their location. DLA will not fund the transportation cost. 3. LEA Transfer of Responsibility — Program property is assigned to the LEA. A change in the Chief Executive Official (CEO), due to any reason, will not relinquish responsibility from the LEA for properly maintaining existing program property. If the new CEO does not wish to be responsible for existing property, they shall notify the State Coordinator's office in writing that they wish to return equipment to the nearest Disposition Center or transfer it to a qualifying LEA. The LEA remains responsible for existing property until the property is officially transferred or returned. V. ANNUAL INVENTORY REQUIREMENT A. Per the DLA Memorandum of Agreement (MOA) between DLA and the State, it is required to conduct an annual inventory certification of controlled property. B. The State and LEA's shall: 1. Receive and validate incoming certified inventories and reconcile inventories with the LEA. 2. Ensure the LEAs provide serial numbers identified in annual inventory process for Page 4 of 11 TXDPS PPP -1 #LES201402100801 Vol. 213 Pg. / inclusion in the DLA Disposition Services property accounting system, for Aircraft, Watercraft, Tactical Vehicles and Weapons and other unique items, as required. 3. Send confirmation, to the State Coordinator, when the LEAs inventory is reconciled in the DLA Disposition Services LESO property accounting system. This will serve as the State's confirmation that LESO Program controlled property within his/her State has been reconciled in the accounting system of record. 4. The State may suspend/terminate an LEA, as a result of the LEAs failure to properly conduct and/or certify and submit certified inventories, according to the aforementioned requirements. a. The LEA will complete inventories for their agency by January 31 n of each year. The Fiscal Year (FY) is defined as October I" through September 301i of each year. This provides the LEAs four months to physically inventory LESO Program property in their possession, and submit their certified inventories to their State Coordinators. b. In addition to the certifying inventories, the State requires photographs for all Aircraft, Watercraft, Tactical Vehicles, NVGs and Weapons received through the LESO Program. (1) The State requires front, side and data plate photos for Aircraft, Watercraft, Tactical Vehicles and other unique items as required that are received through the LESO Program. (2) The State requires submission of serial number photos for each Aircraft, Watercraft, Tactical Vehicles, NVGs, Weapons and other unique items as required that are received through the LESO Program. c. LEAs that fail to comply with the inventory by January 31` may be suspended/terminated from operations within the LESO Program. Further failure to submit the inventory may result in a LEA termination. d. Validate the accountability of all High Profile (Aircraft, Watercraft, Tactical Vehicles, NVGs and Weapons), High Awareness (Demilitarization required) property with each LEA following a domestic disaster within 60 days by having them conduct a physical inventory. e. The LEA is aware that High Profile Commodities (Aircraft, Watercraft, Tactical Vehicles, NVGs and Weapons), High Awareness (Demilitarization required) property is subject to additional controls. VI. PROGRAM COMPLIANCE REVIEWS A. The State of Texas in accordance with the DLA Disposition Services Memorandum of Agreement is subj ect to Biannual Program Compliance Reviews. This review includes Law Enforcement Agencies that have DLA LESO issued property in their possession. Law Enforcement Agencies that may be selected by the DLA LESO will be subject to a DLA LESO Page 5 of 11 TXDPS PPP- 1#LES201402100801 Vol. 213 Pg. - - - Property and documentation review. As a participant in the DLA LESO Program your Law Enforcement Agency may be subject to selection in these reviews. In addition to this requirement, the State will conduct annual internal 5% Program Compliance Reviews of LEAs participating in the LESO program in order to ensure accountability, program compliance and validate annual inventory submissions are accurate. Results of internal PCRs in terms of LEA non - compliance with terms and conditions of the LESO Program will be kept on -file at the State Coordinator's Office. 1. The State internal review will include, at minimum: (a) A review of each selected LEAs LESO Program files. (b) A review of the signed State Plan of Operation. (c) A review of the LEA application and screener(s) letter. (d) A physical inventory and/or approved custody card verification of LESO Program property at each selected LEA. (e) A review of property accountability procedures to include the following criteria; 1.The proper security and storage of assets. (Secure controlled area with limited access). 2. Asset tracking and sign out procedures in place for LESO assets. 3. Prior approval of any transfer of high visibility assets. 4. Reporting of all lost, missing or stolen assets. 5. Identification of all unused property ** * *The State and/or LEA will bear all expenses related to the repossession, transfer or tam -in of LESO Program property to a different LEA or the nearest DLA Disposition Service site. (f) A specific review of each selected LEAs files for the following: DD Form 1348 -1A for each item currently on inventory, weapons documentation, transfer documents, turn-in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any) and other pertinent documentation as required. VII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED OR DESTROYED LESO PROGRAM PROPERTY A. All property missing, lost, stolen, damaged, or destroyed must be reported to the State and DLA Disposition Services LESO. 1. Excess DOD personal property with a Demilitarization Code of B, C, D, E, F, 0 and Q (with an Integrity Code of 3) must be reported to the State and DLA Disposition Services LESO within Page 6 of 11 TXDPS PPP -1 #LES201402100901 - - -_Vol. 213_Pg.- twenty -four (24) hours. 2. Excess DOD personal property with a Demilitarization Code of A or Q (with an Integrity Code of 6) must be reported to the State and DLA Disposition Services LESO within seven () days. 3. All reports are subject to the DLA Office of the Inspector General (OIG) inspection. B. The DLA Disposition Services LESO may grant extensions to the reporting requirements listed above, on a case by case basis. VIII. AIRCRAFT AND WEAPONS A. Aircraft (fixed wing and rotary wing), may be transferred to the LEA for its use in law enforcement activities. The State Plan of Operation must ensure that all LEAs and all subsequent users are aware of and agree to provide all required controls and documentation in accordance with applicable laws and regulations for these items. Additionally, the following conditions apply: Aircraft acquired prior to September 30, 1996, under the 1208 Program were considered "1208 Aircraft ". Public Law 104 -201, Section 1033 (b) (1) repealed all Section 1208. Therefore, all aircraft and/or aircraft parts are considered LESO Program aircraft and/or aircraft parts as of September 30, 1996. [As repealed by Pub. L. 104 -201 Sec. 1033 (b) (1)]. Sale, trade or transfer of aircraft and/or aircraft parts (acquired prior to September 30, 1996) may be authorized by the DLA Disposition Services LESO, on a case by case basis. The DLA Disposition Services LESO reserves the right to approve or deny requests for sale, trade or transfer of all LESO Program aircraft and/or aircraft parts, regardless of when the aircraft was originally acquired. B. Law Enforcement Agencies no longer requiring LESO Program weapons must request authorization to transfer or return weapons. Transfers and turn-ins of weapons must be approved by the State Coordinator and the DLA Disposition Services LESO. Weapons will not physically move until the approval process is complete. Weapons that are issued must have a documented chain of custody, with the chain of custody including a signature of the receiving officer indicating that he /she has received the appropriate weapon(s) with the correct, specific serial number(s). IX. RECORDS MANAGEMENT A. State Coordinator and LEAs enrolled in the LESO Program, must maintain all records in accordance with the DLA Records Schedule. Records for property acquired through the LESO Program have retention controls based on the properties DEMIL codes. All documents concerning a property record must be retained. 1. Property records for items with DEMIL codes of A and Q (with a DEMIL Integrity code of 6) must be retained for two calendar years (CY) from approval date and then may be destroyed. Page 7 of 11 TOPS PPP- 1 #LES201402100901 Vol. 213 Pg. l __ 2. Property records for items with DEMIL codes of B, C, D, E, F, G and Q (with a DEMIL Integrity code of 3) must be retained for 5 years or for the life span of the property, whichever is longer. 3. Environmental Property records must be retained for fifty years, regardless of DEMIL code (Chemicals, Batteries, Hazardous MateriaUHazardous Waste). 4. LESO Program files must be segregated from all other records. 5. All property records must be filed, retained, and destroyed in accordance with the DLA Records Schedule. These records include, but are not limited to the following: DRMS Form 103, DD Form 1348 -1A, requests for transfer, turn-in, or disposal, approved Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of Aircraft Registration (AC Form 8050 -3), Aircraft Registration Application (AC 8050 -1) and any other pertinent documentation and/or records associated with the LESO Program. M PROPERTY ALLOCATION A. The State and LEA's shall: 1. Ensure LEAs submit appropriate justifications when requesting excess DOD property via the LESO Program, and will ensure LESO Program property will be used for law enforcement purposes only. 2. Access the DLA Disposition Services LESO Website on a weekly basis for timely and accurate guidance, information and links concerning the LESO Program and ensure that all relevant information is passed on to participating LEAs. 3. Encourage and assist the Law Enforcement Agencies in the use of electronic screening of property via the DLA Disposition Services Reutilization, Transfer and Donation (RTD) Web. 4. Upon receipt of a valid LEA request for property, submit requests that ensure fair and equitable distribution of property to the greatest extent possible based on current LEA inventory and LEA justification for property. Generally no more than one of any item per officer will be allocated. 5. Maintain access to the DLA Disposition Services RTD Website to approve/ disapprove transfers, tum -ins and disposal requests from an LEA or to generate these requests at the State level and forward all approvals to the DLA Disposition Services LESO for action. 6. Assist the LEAs with enrollment, property request, transfer, tam -in and disposal procedures. 7. Review property requests in the DLA Disposition Services RTD Website and property receipts and conduct monthly reconciliations of property records. Page 8 of 11 TXDPS PPP -1 #LES201402100801 Vol. 213 Pg.� 8. Access the DLA Disposition Services RID Web at a minimum of once daily (Monday thru Friday) to process LEAs requests for excess DOD property. XI. PROGRAM SUSPENSION & TERMINATION A. The LEA is required to abide by the terms and conditions of the State Plan of Operation in order to maintain active status. B. The State and/or DLA LESO shall suspend or terminate an LEA: 1. Suspend LEAs in all situations relating to the suspected or actual abuse of LESO Program property or requirements and/or repeated failure to meet the terms and conditions of the SPO. Suspension may lead to TERMINATION. 2. Suspend or terminate an LEA(s) and/or LEA POC(s) based upon their findings during internal program compliance reviews and/or spot checks at the State level. 3. Require the LEAs to complete and submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property. The LEA must submit all documentation to the State and DLA Disposition Services LESO upon receipt. 4. Initiate corrective action to rectify suspensions and/or terminations placed upon the LEAs for failure to meet the terms and conditions of the LESO Program. 5. The State Coordinator will maintain contact (until resolved) with suspended LEA(s) within his/her State to ensure corrective actions are rectified by timeframe provided by the DLA Disposition Services LESO. 6. Provide documentation to the State and DLA Disposition Services LESO when actionable items are rectified by the LEA. 7. In the event of a LEA termination, the State Coordinator will make every attempt to transfer the LESO Program property of the terminated LEA to an authorized LEA, as applicable, prior to requesting a turn-in of the property to the nearest DLA Disposition Services Site. 8. In cases relating to an LEA termination, the LEA will have 60 days to complete the transfer or turn-in of all LESO Program property in their possession. 9. Request reinstatement via the State Coordinator or SPOC(s) to full participation status at the conclusion of a suspension period. 10. The DLA Disposition Services LESO Program Manager has final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic. Page 9 of 11 TXDPS PPP- 1#LES201402100801 Vol. 2UP9 - /$?1 - XII. COSTS & FEES A. All costs associated with the transportation, turn-in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property obtained through the LESO Program, is the sole responsibility of the LEA. XIII. NOTICES A. The State or DLA Disposition Services LESO, may, from time to time, propose modifications or amendments to the provisions of this SPO. In such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator or LEA to conform changes affecting their operations. XIV. ANTI- DISCRIMINATION A. By signing this SPO or accepting excess DOD personal property under this SPO, the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination: 1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as implemented by DOD regulations 32 CR Part 195. 2. On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 CFR Part 90. 3. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93 -112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93 -516 (29 U.S.C. 794), as implemented by Department of Justice regulations in 28 CFR Part 41 and DOD regulations at 32 CFR Part 56. B. These elements are considered the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the LEA. XV. INDEMNIFICATION CLAUSE A. To the extent permitted by law, the State Coordinator/LEA shall indemnify and hold the U.S. Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including states, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the properly has been removed from U.S. Government control. The State will maintain or assure that the LEA maintains adequate insurance to cover damages or injuries to persons or property relating to the use of the property. Self- insurance by the State/LEA is considered Page 10 of 11 TXDPS PPP- 1 #LES201402100801 - - -— — -- Vol. 213 Pg. �' - acceptable. The U.S. Government assumes no liability for damages or injuries to any person(s) or property arising from the use of the property. XVI. TERMINATION A. This State Plan of Operation may be terminated by either party, provided the other party receives thirty (30) days' notice, in writing, or as otherwise stipulated by Public Law. B. The undersigned Chief Executive Official for the LEA hereby agrees to comply with all provisions set forth herein and aclmowledges that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted. XVII. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Brazos County Sheriffs Office Agency Name Christopher C. Kirk, Sheriff Type/Print 'ef ecutive Official Name of Executive O ial Signature Skylor Hearn Type/Print State Coordinator State Coordinator Signature Vol. 213 Pg. 1Z 12/01 /2014 Date RI MVDD/YYYY) Date (MM/DD/YYYY) Page 11 of 11 TXDPS PPP -1 #LES201402100801 Version -July 15, 2014 XVM. Addendum A. As of July 1, 2014, the DLA LES0 has implemented policy and procedural changes which place additional controls on certain excess DOD property with Demilitarization codes of Q (with an Integrity Code of 6). These items will be subsequently referred to as, "National Security Exemption (NSE) restricted DEMIL Q6 items ". Section III - General Terms and Conditions, § G -H, has been amended via Section XVIII- Addendum, to reflect the additional controls placed on these items. 1. The DLA LESO will maintain a list of National Security Exemption (NSE) restricted DEMIL Q6 items, by National Stock Numbers (NSN), which will be treated as controlled property. 2. All items falling into this category that were acquired with an MRO /Ship date after July 1, 2013, will be treated as controlled property, and will not be systematically archived from the DLA LESO inventory. Law Enforcement Agencies are not authorized to sell NSE restricted Q6 items. 3. When an NSE restricted DEMIL Q6 item is no longer needed by a Law Enforcement Agency, the item must be turned back into a DLA Disposition Services location or transferred to another participating Law Enforcement Agency within the DLA LESO. 4. For Annual Inventory purposes, Law Enforcement Agencies who obtain or have obtained NSE restricted DEMIL Q6 items after July 1, 2013, must now provide Serial numbers for these items. In addition, photographs of these items may also be required, if the item falls into a Federal Supply Group (FSG) of 10, 15, 19 or 23. 5. Law Enforcement Agencies may request to sell items with a DEMIL Code of Q (with an Integrity Code of 6), which do not fall into the category of NSE restricted items, but must gain State Coordinator and DLA LESO approval, prior to the actual sale of such items. These items will not be systematically archived from the DLA LESO inventory. 6. Only excess property with a DEMIL Code of A will continue to systematically archive from the DLA LESO inventory one year from MRO /Ship date. Title for items in this category will continue to pass to the LEA. The aforementioned changes to the State Plan of Operation (SPO) are acknowledged and accepted by the following individuals: Christopher C. Kirk Sheriff Type t ief Executive Official Name hief Executiv fficial Signature SKYLOR HEARN Type/Print State Coordinator Name State Coordinator Signature Vol. 2 13 Pg. 17/ 12/01/2014 Date (MM/DD /YYYY) Date QvfM/DD/YYYY) AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 2 day of Decemb er 2014, Between the COUNTY: and the ENGINEER: for the BRAZOSCOUNTY,TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 The COUNTY and ENGINEER agree:as set forth below. FfTI ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. I.I.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agrm cnt nchwm Comely end Engi� Vol. 213 Pg. Pogo I of 10 2 required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2,1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not famish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A ", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COW Y'S-designee;,:The COUNTY:. shall :have no obligation to. pay. for-such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Between County and Engin= Vol. 213 Pg. - , Page 2 of 10 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non - conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.'1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by.the COUNTY and equipment designed, specified, selected or- specially provided -by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right -of -way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. Agreement Between County and Engineer ARTICLE VI Vol. 213 Pg. Page 3 of 10 USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantialty perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. -'. _7.2 If the COUNTY suspends the Project for more than . -thirty (30) consecati3e -days, the? ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. Ag=uwt nutween county and Engha Page 4 of 10 Vol. 213 Pg. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, blind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5. _,Nothing contained in this.Agreement shall create a. contractual relationship with or a . . cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that Ag`mmwt Betwem County and Engineer Page 5 of 10 __ Vol. 213 Pg. degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for Stich delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for payment of liquidated damages in the amount of so for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. Agreement Between County and Engineer Page 6 of 10 Vol. 213 Pg. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. Agmuuenl Betweui County and Enginea Vol. 213 Pg. r Page 7 of 10 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty {3 0) days notice to the COUNTY prior`fo any. cancellation_oficoveiage; -Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. Agreement nctwecn County and Pitginm Page g of 10 Vol. 213 Pg. _z 1 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for sucb extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11,2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agrcmncnt Bewcen County and Enginccr Vol. 213 Pg. Pugc 9 of I D This Agreement entered into as of the day and year first written above The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. S COU TY, TE ENGINEERING FIRM 4'o-r� Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Cleric Approved as to Form: Assistant County Attorney Agmument Between County and Engineer Vol. 213 Pg. °�G ;J, M it'eliEbtr. Page 10 of 10 Nl ll'e HELL ,MO:RGAN Charles Wendt December 3; 2014 Brazos County'Purchasing'Department Brazos County Administration Building 2Q0 South Texas P venue, Suite 352 Bry' an, Texas 7Z663 Re: Proposal" for QvIIISfte Design :Services for the New Justice of the Peace Office Located on 3,6981 better known: as the Sarnuel Davidson Abstract, Tract 36.1 In College Station, Texas Dear Mr. Wendt, We appteciate.the opportunity to propose professional engineering' services for Brazos County's New J' stice of the Peace Office located in College- Stabon, Texas. We understand that it.is your desire to have the. "site development. =work of this property designed, bid and constructed separately from the.building itself. I have attached a idesign cost worksheet 'specifying the item's `we believe will be required to develop, this project. Items listed but h6tsequfred may be removed from this proposal:: items listed as: not required can be added es necessary. The services fisted are based upon our assumptions developed through conversations with you and our research of the existing site. Our assumptions.are: 1• The tract is :currently un- platted, however platting will not be required on this project since it is for a government facility, .Please note that a plat will be required in the future, if the property were'to'ever lie subdivided. 2. We have. assumed all offsrte infrastructure:(stormsewer, streets; ,water;'sanitary sewer, gas, teleponj) IS currently available to the 'property and are adequately sized for our development. We will °have internal extensions of utilities to the new building. 3. The tract is currently zoned R Rural and -there will be no zoning changes necessary to develop the property as desired. Government Facil'itie's are .permitted in the Rural zornng district subjectto sp6difie.md standards 4. W,e have included both boundary and topographic data on the properfy in our cost of services. These surveys 011 be ptovided'in NAD83 and NGVD 19"88 Datum. 5, We have -assumed that the review for compliance with the Texas Accessibility Standards will be by others and all comments to our plans will be forwarded to us for inclusion in our set. 8. We understand that, our drawings will be a separate set of plans to be submitted to the City for permitting. We will provide our drawings in our ,standard format on our We block, 1. We have Included: a _geo- technical report and recommendations for the :new pavement .areas in our-cost of servi'ce's'. 8. A landscape plan will be required. We have included . the landscape plan' n our cost*of services: We wilf provide a base sheet for the Landscape Arcbljegt. 9. W.e understand that site lighting is desired for this project. Werhave included site lighting services In ourcost of;serviaes. 3264.EARL RUOOER R9•{ S •'COLLEGE STATION; 7x77845 - 7 9.79.260'.963 x,979:260,3564 CN0. FHGHiEFAMG HVdWIlKS. • RYOROLOOY •.HI491P5 • S!RPEIS. • OTEPL W SWPWMS inlgPalHiicAE11an4mWgan:Yptii : vvWw.miiche8zntlmpyan261X - —Vol, 23 16. We Will not perfO(m.:#ny onviroriffiental InvattigailarV we have "burned the she is cleared of gill encumbrances. 1-1. onsl . t I e detention may be required for this projett, We have included the tort for detention analysis and design as part of Our cost of services. If there are other services that you desire, we will provide those services on an hourly basis at the rates described below. Hourly Rates: Sr-Prolessional Engineer— Development Qoordihafar W601.hr Sr'. Professional Design Engineer $1101ht Sr. EIT $95/hr Jr. EIT $75/ht Drafting $651hr Administrative $551hr We do require :a: signed contract to begin work and we have attached one foryour signature. Invoices, Will be submitted monthly based on Work completed during that month. Reimbursable Items such as other professional services, printing, copying; shipping and mailing, etc. will be covered by Mitchell & Morgan, UP up to a maximum of $500.06 and billed at cost or Invoice plus -tail p&COM-and reimbursed during the monthly billing cycle. Please. let Us know if you have r any questions o comments. Wereally look forward to working . with you on'this: project. Sincerely, cc: file Vol. 213 Pg. 6)J3 Brazos County New Just Ice of the Peace Office Design Cost,Worksheet 'bM #:Ddck#nbnt Basic Servide Additional Service comment, CONCEPTUAL DESIGN 1. PMed Coordlnation--Goroeotuall Phase 2 BOUNDRY:SUR.VEY T3�.30000 a 66UNDXRY-W.R-IFICATION. $0,00 By Others: 4 TOPO SURVEY _j3,080.00 Others 5 ftE E -S ORUEY JALL TREES.>42) $0.00 �6 EnvironmentW Aipbes6mdhts $0.00 Hb! ud 7 Geoterhnical Report/Pavement.Rer- $4,125.00 Rv Others 8 Title Repc)rt tears 9 Confirm FEMA Status' __$I00.00 $0. Hourl io. FE MA Library Request --$0—.00— How 11 GoO Libra ryReqnests (Drama qPXPs) :$0.00 D Site'Plans 131, Con' I PW Dral[!Lpole D&s!gh $300.0.0 0.0 1 14, Conceptual Utility Plans, '$500.00 16 water Im Study/Riv FOW�s� $1, 00.00 16 Sewer I MON—Catt Study $0.00 WA 17 ConceDtual.Slte Plan $0.00 —Hourl Re= zoning Documents $0.bU y 19, Re- tatiol "forise., $0.00 Houry 20 Conditional Use Permits Docunl6rft $00, Hobriv 21` Conditional Use I Permets Presentation $0.00 Hourly 92 P. iMinar Plat .00 23 Prdlimlha!y Plat Preedntation/Dofafriss' $O.IDO . ... ..... . 74 Deve Base Ma in at o'tio'o 0.00 .00 Hourly CONCEPTUAL DESIGN TOTAL $13,405.0 BASIC SERVICES 7 Pro ect Coordination - Preliminary Ph; $26,0.00 2 Preliminary Site Plan Pte liminoryUtIlity Plan $200.00 4 Draft Final Plat - PlatV.Wth. Muldpla`Lots $0.00 6 Preliminary Gradft'Plain $500.00 6— Preliminary Dimension Plan $D.00 7 sqm 6 Grading $2;000.00 li Wao 10 Rreliminary$WPPP .$250.00 11 Preliminary Sewet I Prelimine 1N I UNO Plan and Profiles; $1;000.00 13.. Preliminary rm' N fain Plan anciRroftles 14 1 Preliminary Adjustment of Ex. Militias Vol. 213 Pg. 15 PreliminaryTraffic Control Plan 16 i PreIirnInahL§#Mn and Signing rellminefy FEMA Work (see attached) $0.00 $0.00 1p. p.ral[Minsiq Grading Details $500.-00 $0.00 21 Preftinary-WaterDbtalls $0.00 22 Preliminary'Ston'd Drain Details �$l 10000 23 Piifimlnaiy Qffs!W �Uully"Plek $0.00 24 Meetings $0.00. 25: jof 00§116 26 CLitIFIllAnaly-SISWith Cost $0.00 0— Prelim ary Engineers Estimate .28 BASIC SERVICES TOTAL $7,600.00 FINAL DESIGN T Pib] Got Coordination- Final .Phkgo $600.00 A2 Tinal.Site Plan $1.000.00 3' Final Wilk Plan $500.bo 4 Final Plat Woo 5. Final Plat.PresentatiotilDefeWse. $0.00 6 Final GradIn g Plan 41"000.60 �7 Final.Dirminglon Plan $300;60 Or Final-Drain-age- Study $750.00 9 Final Detention Grading Uj000.00 TO final QlearlrjgTlam�_ $0.00 11 Final 6WP.PP $300.00 12 Final Sewer Line Plan and Profiles $11jT100.00 13 Final Water Line Plan and Profiles lid A... 7 KiCgGiin bral� Plan $1 .0 _14 16 Final Adjustment of ER-UtIlitlet $0-00 16, Final Tmffic-Control?lan --$0--00 ... . 17 $0.00 18 Final FEMA.Wdrk (too attached $I)-10 A Wo, -119'� . 04-Grb v--loz --- .. . - �; ; �.: .1 �.. � R Y dih : 1 :*.$0..u0:�.---. 20. Final. Pavement-Vetalls . $5110M rinai'Se*er Details I 22 Nhif 'Water Details _250.00 $250..00 23 Final Storm Drain Details $250.00 Ife Potatidi$ FlnalTrendhSa 500 a $ .0 Fr.eOarb/Prbmst TxDOT Driv2waj Permits $0:00 26 Pre are/ProcessTxDOT.UtiIltPerrriit$ $0.00 27 Prepare�Bid'Proposa FormlQuanti, Estimates 1 P00-00 28, aCIficafldn Book A"Re Emp 29, Prepare SpeciolSpecifitations 30 Prepare Special'-Conditions/Pro%dalons $0.00 :::3E Rev1ewQf Specill s $ 00 32, Pre are Cost EsjIrnqt of Public -00 .33 VUc Cost Ere0peefirwal Coh§trU'cffb Estimate $Z00V 34 Prepare Construction Contract (EJCDC Standard) WOO Vol. 213 pg. 36 :Final Water Fire Flow Analysis $0:00. '16y 37 Final Landscape Plate $3;300.00 -0thers 38 9 Final irriafion Plan Fin Ste Li htiO .Plan; Tom_ ._._. $0.00 _ $0,.00 By Others l� Others AO Pre reTASSUbmittal,$0:00,,__T_„ B Others' 41 . Address Comments (changed re uirements on $0.00 42 Final Offsite Utft Plan $0.00 WA 43 Base'Sheet for Landscape Archlbact 40100 44 Meetings $0.00 HOU 45 R'repare M &B fineasements $1,100.00 46 Plat RelatedPUtilicJnfrastructuM $000 47 Site 'hting Design Ser4ices $9,000.00 FINAL DEMN'TOTAL $26;700.00 "CO STRUCTION.PHASE . 1 Project, Coordination -CO stryotion $750,00 _Hourly 2 Coordination W ConsttubUoh MaKng $50.00 Hourly 3 P're' aratian of AddendumslRR s.for UnfdreseOn $250.00. lioudy 4 Prepare ofi4ddendums/R17I'afronn miss[ - Date $0.00 5 Prepare As- $uiltDran s $600.00 +Hourly 6 Mgdi Easement Documents $0.00 Hou .' T _. onstruction Observation $0.00 Hoak CO.NSTRUCTIQN PHASE TOTAL $7;5$0.00 TOTAt $46 9ti wo Vol. 213 Pg. Z�'Z 1722 Broadmoor Ste. #105 TRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 S URVEYING, LLC Fax: (979) 731— 0096 Email: curtis @strongsurveying.com V November 20, 2014 Kerry Pillow, MBA, CAPM Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979) 260 -6963 (979) 260 -3564 FAX RE: Cost Estimate for Topographic Survey and Boundary Survey of Justice of Peace Tract Dear Kerry, I appreciate the opportunity to provide professional surveyng services for your firm. Please let this letter serve as a cost estimate for the following services: 1. Horizontal and Vertical Control. (NOT TO EXCEED $ 1,500.00) 2. Topographic Survey of R.O.W. tract from Royder Road to Site and 3.037 Acre Tract ( NOT TO EXCEED $ 2,800.00) 3. Boundary Survey of 3.037 Acre Tract and R.O.W. Tract (NOT TO EXCEED $1,500.00). TOTAL COST NOT TO EXCEED $ 5,800.00. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 776- 9836. Sincerely, H. Curtis Strong, RPLS Via:email Vol. 213 Pg. "20 7 I° CME TEST, Il T A i l ERING, INC. 320 bl • COLLEGE STATION, Texas 77845. ' 9.6 .3600 J November 20, 2014 Mitchell & Morgan, LLP 3204 Earl Rudder Freeway South College Station, TX 77845 Attention: Ms. Kerry Pillow, MBA, CAPM Re: Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Royder Road near Greens Prairie Road West Wellborn, Brazos County, Texas Dear Ms. Pillow: CME Testing and Engineering, Inc. (CME) is pleased to submit this proposal to Mitchell & Morgan, LLP (M &M) to perform a subsurface exploration and geotechnical study for the planned structure and paved areas associated with the Brazos County Justice of the Peace (JP) Office Building. The site of the proposed project is located on Royder Road, approximately 1,150 feet south - southeast of the intersection with Greens Prairie Road West in Wellborn, Texas and has a legal description of A001301, Samuel Davidson (ICL), Tract 36.1, 3.6981 acres according to the Brazos County Appraisal District (BCAD). This proposal is submitted in response to your e-mail request to Mr. Rick Conlin of CME for a proposal on November 13, 2014. A brief discussion of- project Background information and our understanding of the required scope of services and estimated costs of the geotechnical study services for this project are presented in the following sections of this proposal for your review and consideration. Project Background Sources of Project Information. Information concerning the project was provided by you in the previously referenced e-mail communication which contained one (1) electronic pdf attached depicting an aerial photograph of the project site, which was outlined on the aerial with red boundaries, and surrounding areas. Additional information regarding the site and the proposed structure was provided by Mr. Joel Mitchell of M &M during a telephone conversation that took place on November 20, 2014. 320 Graham Road Office (979) 690 -3600 College Station, TX 77845 Facsimile (979) 690 -3668 Vol. 213 Pg. - y Ms. Kerry Pillow, MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Wellborn, Texas Page 2 Proposed Office Building. CME is not aware at the time of this proposal of the exact location of the proposed building on the project site nor of the dimensions of the proposed office building. However, according to the previously referenced telephone conversation with Mr. Mitchell, the proposed office building will have a ground contact area or building "footprint' of approximately 4,000 square feet Mr. Mitchell also informed CME that the proposed office building superstructure will consist of a one -story conventional wood frame/bearing wall construction with wood joist roof framing and a conventional shingle or metal roof. Based on this description of the proposed building, we believe that the eave height of the structure will not exceed 15 feet. We believe that the exterior of the structure will consist of masonry with some metal - framed glass windows and combination wood and glass door openings. We expect that the maximum bearing wall loads will be on the order of 1,800 to 2,000 pounds per linear foot of wall and sustained loads are expected to be in the range of 800 to 1,000 pounds per linear foot of wall. The building interiors will consist of gypsum board placed over wood framed walls (drywalls). Proposed Paved Areas, We understand that there will be paved areas that will likely consist of parking areas and an access drive connecting the JP office building with Royder Road. We believe that all of the paved areas will be maintained by Brazos County. Specific traffic information for the proposed paved areas is not known at the present time, but we anticipate that the paved areas will primarily be used by light passenger vehicles with some occasional use by light to medium weight delivery trucks and very infrequent use by heavy - weight truck traffic. We do not anticipate that any very heavy - weight trucks will be use the paved areas. Proposed Site Grading. Grading plans at the location of the proposed development are not known to CME at the time of this proposal. CME anticipates that the proposed adjustments of existing grades across the site to achieve final grades will be limited since the site is situated in a developed urban area. Consequently maximum depths of excavation or placement thicknesses of fill across the site are expected to be less than 1 foot. Greater changes in grades than those assumed could have a pronounced impact on the foundation recommendations presented for the proposed structure. Outline of Proposal. The subsequent sections of this proposal discuss the work efforts involved with the field exploration study, the laboratory testing program, and the engineering analysis and report writing work efforts, as well as the costs associated with these work efforts. Geotechnical Investigation Program We propose to drill three (3) geotechnical borings during the subsurface exploration associated with the field investigation. Two of the borings will be drilled in the proposed office building area to a depth of 20 feet below the existing ground surface and one (1) boring will be drilled to a depth of 6 feet below the existing ground surface. Therefore, the total proposed depth of drilling footage for the field investigation is 46 feet. For the purposes of the report, the boring locations will be established by using latitude and longitude coordinates determined in the office using Google Earth (2014). Once these GPS coordinates have been G M E TESTING A N D E N G I N E E R I N G. I N C. Vol. 213 Pg. _,Ldf Ms. Kerry Pillow; MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County 7P Office Building Wellborn, Texas Page 3 established, a field reconnaissance will take place and the borings will be layout used a GPS device and the previously obtained latitude and longitude coordinates. Soil samples will be obtained continuously in the borings to a maximum depth of 6 feet for the paved areas boring and a depth of 10 feet and thereafter at 5 feet intervals, to the termination depth of drilling, for the building area borings. Sampling will be accomplished by mechanically pushing a thin -walled tube sampler in cohesive soils in accordance with the procedures of ASTM D1587 -08(2012)el - Standard Practice for Thin - Walled Tube Sampling of Soils for Geotechnical Purposes or by driving a split - barrel sampler in cohesionless soils in accordance with the procedures of ASTM D1586 -I1 - Standard Test Method for Standard Penetration Test (SPI) and Split - Barrel Sampling of Soils, which describe the Standard Penetration Test. The boreholes will be monitored for ground water levels during and immediately following completion of drilling activities as well as for approximately 24 -hours following completion of drilling. The boreholes will be plugged with soil cuttings as a safety measure following completion of the final water level readings. Upon removal from the respective samplers, the soil samples will be visually classified by a geotechnologist and an estimate of the undrained shear strength of the cohesive soils will be made using a hand penetrometer. The samples will then be sealed in appropriate packaging and placed in core boxes for transportation to our laboratory for analysis. We have assumed that the property owner of the site of the proposed development will grant permission for CME to access the boring locations. Based on observations of aerial photographs of the project site, we believe that the site should be accessible to a truck mounted rotary drill rig, except following periods of heavy rainfall. Consequently, we have assumed that the field operations may be scheduled after a period of dry weather so that site accessibility is not limited by wet soil conditions. Laboratory Testing Program All samples of subsurface materials recovered front the borings will be examined and classified in the laboratory. Pertinent engineering characteristics of the soils encountered in the borings will be determined by appropriate soil tests performed on selected samples. Emphasis will be given to conducting soil classification tests based on the Unified Soil Classification System requirements and will include moisture content (ASTM D2216 -10 - Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ), liquid and plastic limits (ASTM D4318 -10e1 - Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils), and grain -size tests (ASTM D422 -63 (2007)e2- Standard Test Method for Particle -Size Analysis of Soils and/or DI 140-00 (2006) - Standard Test Methods for Amount of Material in Soils Finer than No. 200 (75 pm) Sieve). These classification tests will be supplemented by strength tests consisting of unconfined compression tests which will be conducted in general accordance with the procedures of ASTM D2166 /ASTM 2166M -13 - Standard Test Method for Unconfined Compressive Strength of Cohesive Soil. Samples will be stored in the laboratory and will remain open to inspection until the end of a 30 -day period following the date of the report. If requested in writing by the owner, a longer storage period can be arranged. C M E TESTING A N D E N G I N E E R I N G , I N C. Vol. 213 Pg. W Ms. Kerry Pillow, MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Wellborn, Texas Page 4 Engineering Technical Services The report will present an analysis of the field and laboratory data. The analysis will include preliminary design discussion of alternate foundation systems that may be considered for support of the proposed buildings. In addition, the report will also provide rigid pavement design recommendations, including the recommended Portland Cement Concrete (PCC) thickness and a chemically stabilized subgrade thickness which will depend on the subsurface soils encountered. The report will include discussions of the advantages and disadvantages of each type of building foundation system so that owner and designer can make an informed decision as to what type of foundation system is most consistent with the construction budget and the expectations of foundation performance. CME will make a recommendation as to what we believe is the most appropriate type of foundation system for the proposed building superstructure and floor system. Specific design recommendations will be presented for the alternate types of foundation systems discussed in the report. The report will also include general recommendations for the paved areas of the project. The pavement recommendations will include pavement thick nesses and reinforcement, as well as joint spacing. General recommendations will be presented for chemical stabilization of the pavement subgmde soils. As an aid to the contractor, we will also include in the report a section containing a discussion of identified site conditions that could impact construction operations, including fill placement. The field and laboratory data developed from the field and laboratory studies will be presented in the appendices of the report and will include a vicinity map, a plan of borings, and logs of borings, as well as a symbol key sheet explaining the terms and symbols used on the logs. We will provide one electronic copy (.pdf) of the geotechnical report for use by the design team and inclusion in the contract documents, as needed. At your request, we can provide a bound "hard" copy of the report. Services Not Included We anticipate that the services listed below -will either not be required as part of the presently proposed work, or if required, will be performed by other companies and individuals retained by the owner: • Foundation design for the building, • Structural design of building, • Design of any foundation or superstructure for any signage, • Engineering design of the mechanical, electrical, and plumbing systems of the building, • Supervision or inspection of construction of the building foundation system and/or superstructure, • Topographic, property boundary, or construction surveys, and • Any permitting associated with the design or construction of the building, including permitting required by the Texas Department of Licensing and Regulation (TDLR). C M E T I E S T I N G A N D E N D I N E E R I N G. I N C. Vol. 213 Pg. 1 �2 !/ Ms. Kerry Pillow, MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Wellborn, Texas Page 5 Terms and Conditions CME proposes to perform the outlined scope of work in accordance with the provisions of the enclosed Terms and Conditions for Geotechnical Services (hereinafter Terms) in Attachment I to this proposal. The terms of this proposal are contingent upon a mutually acceptable agreement. Based on the scope of study outlined herein, CME has estimated the type and number of work units required to perform the defined work effort, and we have summarized them in the accompanying Table 1. The charges for each of the described work units are also presented in Table 1 and were derived from the standard fee schedules presented in Appendix A (labor charges), Appendix B (office expenses), and Appendix C (field exploration and laboratory testing charges) of the Terms (Attachment I). Using our standard unit charges, the estimated cost to perform the revised outlined geotechnical study is approximately $3,569 as detailed in Table 1, with a not -to- exceed amount of $3,750. The costs actually invoiced to you will be based solely on the work units performed in accordance with the unit rates set forth in the enclosed Terms (Attachment I). Project Schedule Following acceptance of this proposal, we believe that we will be able to initiate the proposed fieldwork within 3 to 8 working days of your acceptance and that the fieldwork will require one days to complete. We estimate that the laboratory work can be completed within 7 to 9 working days of the completion of the fieldwork and that the preparation of the engineering report for the project, including the analysis of the collected data, can be completed within 2 to 4 working days of the completion of the laboratory testing. Therefore, we anticipate that we will be able to present a report summarizing our investigation within 13 to 22 working days of your notice to proceed, unless inclement weather adversely affects drilling equipment access to the site. Proposal Acceptance - - If you are satisfied with the professional services, scope of work, and costs presented herein, you may indicate your acceptance of the work effort described in this proposal by signing on the appropriate line of the Proposal Acceptance Sheet (last page of the Terms) and returning one copy of the executed proposal to CME. When signed, this proposal letter and the accompanying Terms will represent an agreement of services in accordance with the provisions set forth. Any changes to the scope of work or conditions of services as stated herein will be made in writing. When acknowledged in writing, such changes will become part of this agreement. C M E T E S T I N G A N D E N G I N E E R I N G , I N C . Vol. 213 Pg. �'/ Ms. Keay Pillow, MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Wellborn, Texas Page 6 Closing CME sincerely appreciates the opportunity to submit this proposal to M&M. We look forward to working with you on this project. Please do not hesitate to contact us at (979) 690 -3600 if you have any questions or if we can be of further assistance. Kindest regards, m.av�A.1v„; M. Frederick Conlin, Jr., P.E. Senior Engineer Via: e-mail [Kerry@mitchellandmorgan.com] Tay Stinson, E.I.T., M.S. Project Engineer C I V I E T E S T I N D A N D E N G I N E E R I N G. I N C. Vol. 213 Pg. "'-' 12 Ms. Kerry Pillow, MBS; Mitchell & Morgan, LLP Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office Building Wellborn, Texas Page 7 Table 1. Cost Estimate for Preliminary Subsurface Exploration and Geotechnical Study for Proposed Brazos County JP Office; Royder Road; Wellborn, Texas Quantity Unit Rate Total Description of Work Units (units) ($/Unit) A Labor Staking and Clearing Utilities 4 46/hr 184 Field Geotechnologist Logging and GW Readings 5 hr 46/hr 230 Expenses Geotechnical Drilling and Sampling' 46 ft. 13.00 598 Mobilization - Demobilization I Lump Sum 690 Miscellaneous Drilling Expenses I Lump Sum 20 Subtotal Task 1 1,722 MsJC, g-�hbb Expenses Moisture Content 12 7/test 84 Atterberg Limits 8 40/test 320 Percent Passing No. 200 8 18/test 144 Unconfined Compression Test I 30 /test 30 Subtotal Task H 587 66 Labor Senior Engineer 8 105/hr 840 Project Engineer 6 65/hr 390 Expenses Miscellaneous Production/Graphics and Communication Expenses I Estimated Sum. 30 -:- Subtotal TaskHI :120 NOTES: 1. Extended costs are rounded to the nearest whole dollar. 2. Drilling footage comprised of two (2) 20 -foot borings and one (1) 6-foot boring for a total of 46 linear feet of drilling. 0 M E T Z 0 T IM G A N 0 E N G I N E E R I N G I N C Vol. 213 Pg. -Cz/� C M E TESTING A N D E N G I N E E R I N G , I N C. ATTAMW ENT I Terms and Conditions for Geotechnical Services Vo1.213 Pg.,.Z/,-, CME TESTING AND ENGINEERING, INC. TERMS AND CONDITIONS FOR GEOTECRNICAL SERVICES 1. SERVICES TO BE PROVIDED. CME is an indepesdeot consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in this proposal. The labor and expenses costs listed in the proposal are based upon the unit labor rates listed in Appendix A and the unit expense costs listed in Appendices B and C. 2. PAYMENT TERMS. Client agrees to pay am invoice upon receipt If payment is not received within 30 days from the invoice date, Client agrees to pay a service charge nn the past due meant at the prevailing legal rate, including reasonable attomey s fees, if collected through an attomey. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to contractors or others. 3. STANDARD OF CARE. CME will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same in similar locality. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR BJTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS. 4. INSURANCE. CME maintains insurance coverage as follows: (a) Worker's Compensation Insurance - statutory. (h) Employer's Liability Insurance - S 1,000,000. (c) Comprehensive General Liability Insurance- S1,000,000 /S1,000,000. (d) Automobile Liability Insurance- SI,00010005I10001000. S. PROFESSIONAL LIABILITY. Client agrees that CME's liability to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract will be limited to an aggregate of $ 10,000 or our total fee, whichever is greater. If Client prefers to have higher limits of professional liability, we agree to increase the limit up to a maximum of $1,000,000 upon Clint's written request at the time of accepting our proposal, providing that Client agrees to pay an additional consideration of ten permit of our total fee, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by us and is not a charge for additional professional liability insmrance. 6. CONSEQUENTIAL DAMAGES. Neither Consultant nor Client shall be liable to the other fm any consequential or incidenal damages arising as a result of this Agreement, including, but not limited to, loss of use or loss of profit. 7. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required fm its activities at the site. CME's field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location Our field personnel will avoid hazards or utilities which are visible to them at the site. If we are advised or gives data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to am field personnel. CME is not responsible fm any damage or losses due to undisclosed or unknown surface or subsurface conditions, owned by Client or third parties. Except as a result of am sole negligence, Client agrees to indemnify us from any such claims, suits or losses, including reasonable attorney's fees, resulting therefrom. We will take reasonable precautions to minimize damage to the property caused by our operations. Our fee does not include any cost of restoration due to any damage which may result If Client desires us to repair such damage, we will comply and add the cost to our fees. Field tests or boring locations described in our report or shown on sketches are based on specific information furnished by others or estimates made in the field by our personnel. Such dimensions, depths or elevations should be considered as approximations unless otherwise stared in oar proposal or report. 8. FIELD REPRESENTATIVE. The presence of our field personnel, either full-time or part -time, will be for the purpose of providing observation and field testing of specific aspects of the project as authorized by Client Should a contractor, not retained by us, be involved in the project, Cheat will advise contractor that our services do not include supervision or direction of the actual work of the contractor, his employees or agents. Client will also inform contractor that the presence of our field representative or observation or testing by us will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. If a contractor (other than a subcontractor to CME) is involved in the project, Clint agmes that, in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the jobsitm, including safety of all persons. and property during performance of the work, and compliance with OSHA regulations, and that these requirements will apply pontiauously and not be limited to normal working hours. It is agreed that we will not he responsible Josiah or site safety m the project and that we do not haw the duty of right to stop the work of the contactor. .:. _. 9. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occunences may be encountered which could substantially alter the necessary services or the risks involved in completing our services. If this occurs, we will promptly notify and consult with Clint, but will act based on our sole judgment where risk to our personnel is involved. Possible actions could include: (a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in our sole judgment; (b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; (e) Terminate the services eRective on the date specified by us in writing. 10. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or subsmutiaty altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of 30 days after submission of our report. A. NONHAZARDOUS SAMPLES. At Client's written request, we will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon written request, we will retain test specimens or samples fm a mutually acceptable storage charge and period of time. Client agrees that we ant not responsible or liable for any loss of test specimens or samples retained in storage. B. -HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, we will return such samples to Cheat musing a manifest signed by Client as generator, we will have such samples transported to a location selected by Client for foal disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples. Client recognizes and agrees that we am acting as a bailee and at no time assume title to said materials. 11. - CLIENT DISCLOSURE. Cheat agrees to advise as upon execution of this Agreement of any haardous substances or any condition, known or that should be known by Client, existing in, on, or near the site that present a potential danger to human health, the environment, or Terms Page 1 Vol. 213 Pg, CME TESTING AND ENGINEERING, INC. TERMS AND CONDITIONS FOR GEOTECHNICAL SERVICES equipment Client agrees to provide continuing information as it becomes available to the Client in the future. By virme of entering into this Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees to notify the appropriate federal, state or local public agencies as required by law, or otherwise to disclose. in a timely mamter, my information that may be necessary to prevent any danger to health, safety, or the environment 12. *ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, Client agrees to the maximum extent permitted by law to defend, hold harmless and indemnify CME from and against any and all claims and liabilities, unless caused by our sole negligence or willful acts, resulting 5om: (a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of toxic or hazardous substances or constituents; (b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents found or identified at the site; (c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completiou of services herein; (d) Allegations that CME is a handler, generator, operator, treater or storey, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law. If a third party brings suit or claim for damages against us alleging personal injury or property damage from exposure to or release of toxic or bazardous substances or constituents at or from the project site before, during or after the services of this Agreement, Client agrees to the maximum extent permitted by law to defend us and pay on our behalf any judgment resulting against us, including interest thereon, unless such damages are caused by our sole negligence. 13. -EQUIPMENT CONTAMINATION. We will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionally, such equipment cannot be completely decontaminated because of the type of hazardous materials encountered. If this occurs, it will be necessary to dispose of the equipment in a manner similar to that indicated for hazardous samples and to charge Client as &Scnbed above. Client agrees to pay the fah market value of any such equipment 14. DOCUMENTS. CME will furnish to Client the agreed upon number of reports and supporting documents. 7bese instruments of service are famished for Client's use in connection with the project or work provided for in this Agreement. For any other purposes, all documents generated by us under this Agreement, shall remain the sole property of CME. If Client desires to provide our report to a third party, we will agree provided Client obtains written acceptance from the third parry to be bound by these terms and conditions. Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will nnt be used by Cheat for any purpose whatsoever. Client farther agrees that documents produced by CME pursuant to this Agreement will not be used at any location or for my project not expressly provided for in this Agreement without our written approval. Client shag furnish documents or information reasonably within Client's control and deemed necessary by us for proper performance of our services. We may rely upon Client- provided documents in performing the smites required under this Agmement; however, we assume no responsibility or liability for their accuracy. Client - provided documents will remain the property, of Client The documents we finish to Client an intended for Client's exclusive reliance and internal use and not for advertising or other type of general distribution or publication. Client agrees to obtain our written permission for eery exception. Any unauthorized we or distribution shall be at Client's sole risk and without liability to CME. 15. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant fails to prevail, then the claimant shag pay all costs incurred in defending the claim, including reasonable attorney's fees. The claim will be considered proven if the judgment obtained and remind through eery applicable appeal it at least tun percent greater than the sum offered to resolve the matter prim to the commencement of trial. 16. CONFIDENTIALITY. CME will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute or publish to any third party without prim permission from Client unless compelled by order of a court or _. fegulatory"y.ofcompetentjl!r 4;tiop. " 17. SEVERABI ITY. In the event that any provision of this Agreement is found to be'uncnfoneable, the other provisions shall remain in fug form and effect. _ Ill. SURVIVAL. Ali obligations arising prior to the termination of toffs Agreement and all provisions of this Agreement allocating respwsrbility or liability between Client and CME shall survive the completion of the services and the termination of this Agreement 19. INTEGRATION. This Agreement, the attached documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both the parties. 20. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. "Applies only if toxic or hamdous substances or constituents are involved or encountered. Terms Page 2 Vol. 213 Pg. -- __ C M E TESTING AND ENGINEERING, I N C. APPENDIX A FEE SCHEDULE OF LABOR RATES FOR PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project planning, coordination, consultation and report preparation, and other required Client services, are billed by personnel charged directly to the project at the rate indicated below: Job Cate¢ory Hourly Fee Senior Engineer 105 Project Engineer 65 Technical Drafting 60 Production Graphics 55 Field Geotechnolosist 46 All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised from time to time to allow Consultant to attract and retain competent personnel for the performance of the work. A -1 Vol. 213 Pg.� C M E TESTING AND ENGINEERING, I N C. APPENDIX B OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES, AND TRAVEL POLICY In addition to any other fee schedules or cost schedules appended to the Contract, the following services are reimbursable at the rate shown: I. Reproduction and Photography: a. Blueline (per square foot) .25 b. Photocopy cost (per page) .10 c. Binding --cost d. Outside reproduction work —cost plus 15% e. Special forms, printing, special engineering services, model supplies --cost plus 15% f. Photography --cost plus 15% H. Graphics: a. Labor plus per plot charge: 1. 8 1/2" x 11" print/plot 10.00 2. 11" x 17" print/plot 20.00 3. 24" x 36" print/plot 15.00 4. 36" x 48" print/plot 25.00 5. Duplicate print/plots 5.00 b. Document covers (each) 3.00 M. Communications, Shipping, and Mileage: a. Telephone (long distance conference calls) —cost plus 15% b. Express charges and shipping charges —cost plus 15% c. Consultant vehicles -0.65 per mile IV. Business/TravelExpenses: If required for the project, business travel expenses will be in accordance with the rate listed below for mileage and for room and board ,_ a.: Mileage, (personal veb_icle), per mile _ .._ .65 . S.' Rental car cost plus 15a /o c. Per diem— cost plus 15% (maximum of $75 per day) This rate schedule may be, with thirty (30) days written notice to Client, revised in accordance with any and all changes in Federal/State/Local laws, ordinances, and policies, as well as changes in local labor requirements reflecting the ability of Consultant and its subcontractors, it any, to attract and maintain the necessary work force. B -1 Vol. 213 Pg. '' C M E TESTING AND ENGINEERING, I N C. APPENDIX C EXPLORATION AND GEOTECHNICAL LABORATORY FEES Field Operations - Subcontract 1.00 Mobilization 1.01 Mobilize men and truck - mounted drilling equipment - per mile 1.02 Mobilize men and ATV - mounted drilling equipment - per mile 1.10 Drilling and Sampling 1.11 Drilling - Truck - Mounted Drill Rig - per ft. 1.12 Drilling - ATV - Mounted Drill Rig - per ft. 1.13 Coring in rock - Soft rock - per ft. 1.14 Coring in rock - Hard rock - per ft. 1.20 Conditional Charges 2.31 Standby and trip time - per hour 2.32 Expended drilling materials - cost plus 15% 2.33 Mud, grout, or casing - cost plus 15% 2.34 Boring location survey - cost plus 15% 2.35 Rental of access equipment - cost plus 15% 2.36 Trip charge - cost plus 15% Laboratory Soil Tests Rate 4.60 5.00 13.00 14.00 23.00 27.00 175.00 2.00 Classification Tests 2.01 Moisture Content (ASTM D 2216) 7.00 2.02 Liquid and Plastic Limits (ASTM D 4318) 40.00 2.03 Linear Bar Shrinkage (ASTM Tex - 107 -E, part 11) 40.00 2.04 Unit Weight 10.00 2.05 Specific Gravity (ASTM D 854) 50.00 2.06 Dry Sieve Analysis (ASTM D 422) - per sieve 18.00 2.07 - - Wet Sieve Analysis (ASTM D 422) . per sieve 18.00 2.08 ASTM D 422 H drometer Anal is (A-S- 110.00 2.10 Material Characteristics 2.11 Permeability, BP saturation EM 1110 -2 -1906, (ASTM D 5084) 200.00 2.12 Resistivity (Tex- 129 -E) 68.00 2.13 Wet Ball Mill (Tex- 1 16 -E) 165.00 2.14 Optimum Lime Content, pH Method (ASTM D 6276) 140.00 2.15 Soil/Cement or Fly Ash Series (ASTM D 1632) 350.00 2.16 Pinhole Test (ASTM D 4647) 150.00 2.17 Crumb Test 5.00 2.18 Phenolphthalein Test 10.00 2.19 pH Determination (ASTM D 2976) 20.00 C -1 Vol. 213 Pg. l 1-j C M E T E S T I N G A N D E N G I N E E R I N G , I N C. APPENDIX C (CONTINUED) SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Laboratory Soil Testa Continued Rate 2.20 Strength Tests 2.21 Hand Penetrometer or Torvane 1.00 2.22 Unconfined Compression (ASTM D 2166) (only) 30.00 2.23 Unconfined Compression (ASTM D 2166), With Moisture and Dry Unit Wt. 47.00 2.24 UU- Triaxial (ASTM D 2850) (single stage) 110.00 with sample preparation (per stage) 25.00 2.25 UU- Triaxial (ASTM D 2850) (multi- stage) 240.00 with sample preparation (per stage) 25.00 2.26 CU- Triaxial (ASTM D 4767) (w /pore pressure measurements) 285.00 with sample preparation (per stage) 25.00 2.27 California Bearing Ratio (CBR) (ASTM D 1883), 3 per set 500.00 2.30 Volume Change Tests 2.31 Percent Swell 150.00 2.32 Swell pressure and Percent Swell (ASTM D 4546) 275.00 2.33 Consolidation (ASTM D 2435), 7 or less loading increments 400.00 C-2 Vol. 213 Pg. ;2 ,2 / C M E T E S T I N G A N D E N G I N E E R I N G , INC. PROPOSAL ACCEPTANCE SHEET FOR GEOTECHNICAL PROJECTS Identification of Services: Subsurface Exploration and Geotechnical Study Project Name: Proposed Brazos County JP Office Building Project Location: Roeder Road Near Intersection With Greens Prairie Road West: Wellborn. TX Proposal Date: November 20 2014 CLIENT: Name: Mitchell & Morgan. LLP Street Address or P.O. Box No.: 3204 Earl Rudder Freeway City: College Station State: TX Zip Code: 77845 Phone Number: (979) 260 -6963 Facsimile Number: (979) 260 -3564 Cellular: (979) Attention: E -mail: kerry(a).mitchellandmorgan.com FOR NOTICES: Client: Name Address Phone Number Consultant: Name CME Testing and Engineering, Inc. Address 320 Graham Road College Station, Texas 77845 Phone Number: (979) 690 -3600 FOR INVOICING: Client: Ll Same as above. Name Address Phone SPECIAL INSTRUCTIONS: PROPOSAL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms on this page are: Accepted this day of 12014 Print or type individual, firm or corporate body name Signature of authorized representative or type name of authorized representative and title Terms Acceptance Sheet -1 Vol. 213 Pg. ,? 102 DESIGN GROUP LANDSCAPE ARCHITECTURE Professional Services Proposal Date: November 17, 2014 Project: Justice of the Peace Center Off Royder Road in Wellborn, Texas client: Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, TX 77845 (979)260 -6963 Sago Design Group, LLC. would like to express our appreciation for this opportunity to submit a proposal for Design Services. Based on knowledge of the project to date we ask you to review and consider the following proposal information: Description: Area of Work: The Exact Area of Work, Plant material scheme desired, specific concerns to be addressed by the Owner /Project Engineer/ProjectArchitect or water source is unknown. It is assumed to be a typical municipal type building landscape with atypical College Station landscape scheme. We are to prepare construction documents for planting and irrigation. Construction observation, administration or management is not a part of th is proposal. Primary Scope of Services: The Landscape Architect shall provide: a. Landscape Planting Plan with standard construction details and specifications for permitting that meet the criteria forte City of College Station, our climate and availability. b. Irrigation Plan that is efficient, functional, works with the plant material requirements of the property and is compliant with the codes of the City of Fort Worth and the State of Texas. The Landscape Architect shall provide an Irrigation Plan, Irrigation Details and Irrigation Specifications sufficient to install the system in a manner consistent with irrigation industry standards in the State of Texas. Supplemental Services: Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall entail additional Compensation beyond the Compensation stated below. Supplemental Services under this Agreement expressly include but are not limited to: 1. outside consultants determined to be necessary by the Client and /or Owner for any reason. 2, written reports determined to be necessary by the Client and /or Owner for any reason. 3. Constriction Administration, Observation and/or Management. Vol. 213 Pg. _al j 4. revisions to drawings or other documents made necessary because of Client requested changes to previously approved drawings or other documents, inaccurate documents provided by the Client or because of Client changes to previous budget parameters and /or Project requirements. Schedule of Performance: The Clients signature on this Agreement shall be the basis for the landscape Architect to begin providing services for the Project. The Landscape Architect shall perform the services as expeditiously as is consistent in accordance Wth the professional quality and standards appropriate for a project of the nature and scope of this Project Conditions: The Client shall provide: 1. criteria on which the design is to be based. 2. permission for the Landscape Architect to access the site to obtain information about the site. 3. information and details available on which the design is to be based. Such information includes but is not limited to a survey of the property, budgets, sleeve locations and sizes, tree surveys, photos, architectural and engineering drawings, layouts and elevations in CAD format or PDF documents. 4. decisions, approvals, reviews, and responses communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Professional Services. 5. adequate notice of the delivery dates for deliverables with sufficient time to prepare them. The Landscape Architect shall be entitled to rely on the accuracy and completeness of information provided by the Client. Termination of Agreement: This agreement may be cancelled by the Landscape Architect or the Client, with or without cause. In either instance, the canceling party shall give fifteen (15) days written notice prior to cancellation and specify the date of cancellation. The Client shall pay for all services, as identified by this agreement (Scope of Services), up to the date of cancellation. Said notice shall be addressed to the Landscape Architect at PO Box 4548, Bryan, Texas 77805 and the Client addressed Mitchell & Morgan, LLP. 3204 Earl Rudder Fwy S, College Station, TX 77845. Fee Proposal and Compensation: Compensation for the landscape Architects services performed under the terms of this Agreement shall be based on a faed fee of Primary Scope of Services Total: $2,500 plus Reimbursable Expenses. The fee will be billed as services are rendered. Any reimbursable or supplemental services will be billed as services are rendered. These services will be executed in a timely manner to meet the Clients intended schedule. Supplemental Services, when requested in writing by the Client, shall entail additional compensation to be determined on an hourly basis or on the basis of a negotiated fee. Payment shall be made as services are rendered. LANDSCAPE DG PO Box 4548, Bryan, Texas 77805-Phone: (979) 777 -0065 e�cp.�ncruxc Contact :Jeremy @SagoDesignGroup.com Vol. 213 Pg...� Reimbursable Expenses: Reimbursable expenses shall be billed their actual amount. Reimbursable expenses include but are not limited to: long distance phone calls, drawing reproduction costs, surveys, permits, fees, sub -consultants deemed necessary and approved by the Client to provide accurate data, and additional travel expenses. Time accrued, including travel time, when site visits are arranged by the Client for the Landscape Architect to carry out Scope of Services that are delayed through no fault of the Landscape Architect. Payment shall be made as expenses are turned into the Client. If required, the fees for Additional Services (As mutually agreed to in writing in advance of their provision) shall be based on the standard hourly rates as follows: $95.00 per hour. Payment shall be made as services are rendered. Conclusion: This signed proposal shall constitute acceptance of this proposal, acknowledgement of the attached graphic and notice to proceed. Please sign, date and return these pages indicating agreement with the proposal. I hope you find this proposal acceptable and we can begin more speck dialogue regarding the project requirements. Please let me know if you have any questions or need additional information via email or cell 979.777.0065. Respectfully submitted, Acknowledged and Agreed JT,e nhaw,RL A L D,TXL16202 The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas. The Board may be contacted.as follows P.O. Box 12337 333 Guadalupe, Suite 2 -350 Austin, Texas 76701 -3942 512 - 305 - 9000 /Fax: 512 305 -6900 www.tbae.state,tx.us , 0.077 e c SD G PO Box 4548, Bryan, Texas 77805-Phone: (979) 777 -0065 e.car,ecm.e Contact :Jeremy @SagoDesignGroup.com Vol. 213 Pg. HbN RESOURCES 1000 Louisiana St.. Suite 8700 Houston. TX77002 w .halconresouroes.com Kurt Helbig, President of Helbig U. S. Land Services, LLC On behalf of Halcon Energy Properties, Inc. P.O. Box 5583 Bryan, Texas 77805 December 3, 2014 Brazos County, Texas Attn: William Ballard, Assistant County Attorney 200 South Texas Avenue Bryan, Texas 77803 Attn: William Ballard, Assistant County Attorney, Brazos County, Texas RE: Rule 37 Exception for the Bisonte 3HWell, API # 42 -041 -32301 Brazos County, Texas Halcon Energy Properties, Inc. is the owner /operator of the Bisonte 3H Well, AN p 42-041 -32301 in Brazos County, Texas. Halcdn Energy Properties, Inc. respectfully requests a Waiver of Rule 37 as your tract falls within three hundred thirty feet (330') of the well bore, and your waiver will allow us to avoid the notice period required to get an exception. The attached plat shows the well is planned to penetrate the Eagleford Formation (aka Eaglebine Formation), and have take points, less than three hundred thirty feet (330') from your property boundary. As an offset owner, we would appreciate your waiving any objection to this well by signing and mailing the original to my attention in the enclosed return envelope. your cooperation in this matter would greatly be appreciated. Sincerely, By: —� Print Name: M00114461- Ngn+Ma -sy Title: $CA/B% Vol. 213 Pg,2 —A6 HALC6N RESOURCES 1000 Louisiana St., Suits 8700 Houston, TX77002 WWw.halconmsoumes.r Duane Peters, County Judge, Brazos County, Texas, acting upon the vote of the Brazos County Commissioners Court, having been fully advised of this application, has no objection to the requested exception to statewide Rule 37 forthe approval of a Rule 37 permit of completion and production of the Bisonte Well, API # 42 -041- 32301, Brazos County, Texas. Agreed to and accepted this C�) day of 1/LI. M GGr . 2014. ktR 1 V ��✓ Vol. 213 Pg. 11 s 1 -*S HALC6N RESOURCES 1000 Louisiana St., Suite 6700 Houston, TX77002 w .halconresources.com EXHIBIT "A" �f+q6 � f£�ye °• r �$ oit.'. YF f �SeSB iiya BiaFaYB ifE�A; ��p! � d 115;; F loll of Y iY i LL O C13, O O O Vol. 213 Pg. 2 2 3{;'`i, j �i ilia Jilin 8'k 55 �p i e�qi f $8 $ 6 ate 8 11 $ 1 115;; F loll ¢' s Y iY i LL Vol. 213 Pg. 2 2 3{;'`i, j �i ilia Jilin 8'k 55 �p i e�qi f $8 $ 6 ate 8 11 $ 1 1+ Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise the following: DATE: December 4, 2014 BID NUMBER: REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: 2015 -21 TITLE: Architect for Renovation of Building for Medical Clinic REQUESTING DEPAR APPROVAL SIGNATUI County Judge DATE APPROVED: I z- Vol. 213 Pg. o�? �% BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: December 9.2014 ITEM: 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. (Second submittal; previous request tabled - 11/25/2014 Commissioners Court Agenda.) 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 bytbe 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 BOA shall be responsible for 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 10111/2005; County approved construction 126/2006. SUBMITTED BY: P 'p-, - _,4A � R. Alan Munger, P.E. County Engineer CC2014 APPROVED BY: . onier, Precinct This Reques is roved � enied _by Commissioners' Court Date E. Duane Peters, County Judge -vot. mPg o2.3 o -- North Country Estates - 14 www.nce- hoaorg 979- 450 -4763 427 Dellwood St., Bryan, TX 77801 MEMORANDUM FOR RECORD December 2, 2014 TO: County Commissioner, Prescient 2 Mr, Sammy Catalena County Engineer Alan Munger The attached documents are the result of your request for the four (4) property owners (North Country Estates, Blazing Trail) to be notified that the County does not install concrete over driveway culverts, and for them to understand this is an owner funded driveway finish. The Association's Board of Directors believes the County Regulation XVfl, on its own, adequately defines the Road & Bridges position on this subject matter, and the party responsible for the funding of such. To this end, the attached letters by the Board to the owners confirms the regulation and the funding of such finish. This information has been sent to the owners via USPS certified mail, with return receipt acknowledgement. Additionally, a separate copy was sent at the same time to the same address via first -class USPS delivery. We feel that Regulation XVII and the attached letters clearly confirms the County position on the subject matter to the property owner and that, along with the certified and the first -class letters, the courtesy of notice, delivery and education has been sufficiently addressed for the property owners. We look forward to the Court of Commissioner's acceptance of this pro' ct and subsequent completion. The Board thanks you and appreciates your support on this matt er. P.S. Also, included in the attached are copies of the receipts from mailing the letters via USPS certified mail. Vol. 213 Pg. -&% North Country Estates __�__ q deecLpni�ct�dcoxrsuuurf' - - -_ —� www.nce- hoa.org 979 - 450 -4763 427 Dellwood St, Bryan, TX 77801 SUBJECT: Scheduled Driveway Culvert Replacement Date: December 2, 2014 TO: David L. & Sherry S. Maggard (property owners of record) 4864 Blazing Trail Bryan, TX 77808 NOTE: The following information is provided as a courtesy by the Board of Directors for your planning information. The Board does not possess any authority whatsoever over the information herein as the Association has no 'standing interest in the subject matter, thereby, making this information courtesy in nature. In the event you are not aware, your driveway culvert is scheduled to be replaced by the County Road & Bridges department as it was not set at the correct elevation by your builder, thereby inhibiting proper drainage of roadway runoff. Yours is one (1) of four (4) culverts needing correction to provide the proper drainage on Blazing Trail. Accordingly, as a courtesy and for your planning information: 1. You will have a short break in access to your driveway during this corrective construction activity. Before the start of work, the County Road & Bridges department will contact you with information you need to know in advance. 2. In accordance with the Brazos County authority and the requirements defined in County Article XVII (Driveways, Sidewalks, Mailboxes, and Culverts), the portion of your driveway above the replacement culvert will be a blacktop finish. 3. If you currently have a concrete finish, and desire to retain such, the County can finish the portion above the culvert in a road base material in preparation for the property owner supplying the concrete finish at their expense, per County Article XVII. If you desire such, submit a written request to the County Road & Bridges department within 10 days from the date of this letter. The County will conduct the culvert work except for a concrete finish as outlined above. If you have any questions regarding this information, scheduling of work, or the driveway finish option, contact the Country Road & Bridges office which governs these matters at 979/822 -2127. Again, this is courtesy information only from the Board of Directors to hopefully help you be prepared for the County work planned for your driveway culvert. Sin�cere'ly, Gary Ogg, Jce- Pres�iYdrft cc: County Engineer, Road & Bridges County Commissioner, Prescient 2 Vol. 2 13 Pg. j�l North Country Estates -- -- A - - ---- www.nce- hoa.org 979 - 450 -4763 427 Dellwood St. Bryan, TX 77801 SUBJECT: Scheduled Driveway Culvert Replacement Date: December 2, 2014 TO: David B. & Janette M. Patton (property owners of record) 4856 Blazing Trail Bryan, TX 77808 NOTE The following information is provided as a courtesy by the Board of Directors for your planning information. The Board does not possess any authority whatsoever over the information herein as the Association has no 'standing interest' in the subject matter, thereby, making this information courtesy in nature. In the event you are not aware, your driveway culvert is scheduled to be replaced by the County Road & Bridges department as it was not set at the correct elevation by your builder, thereby inhibiting proper drainage of roadway runoff. Yours is one (1) of four (4) culverts needing correction to provide the proper drainage on Blazing Trail. Accordingly, as a courtesy and for your planning information: 1. You will have a short break in access to your driveway during this corrective construction activity. Before the start of work, the County Road & Bridges department will contact you with information you need to know in advance. 2. In accordance with the Brazos County authority and the requirements defined in County Article XVII (Driveways, Sidewalks, Mailboxes, and Culverts), the portion of your driveway above the replacement culvert will be a blacktop finish. 3. If you currently have a concrete finish, and desire to retain such, the County can finish the portion above the culvert in a road base material in preparation for the property owner supplying the concrete finish at their expense, per County Article XVII. If you desire such, submit a written request to the County Road & Bridges department within 10 days from the date of this letter. The County will conduct the culvert work except for a concrete finish as outlined above. If you have any questions regarding this information, scheduling of work, or the driveway finish option, contact the Country Road & Bridges office which governs these matters at 979/822 -2127. Again, this is courtesy information only from the Board of Directors to hopefully help you be prepared for the County work planned for your driveway culvert. Sincerely, G V ce Prestdent cc: County Engineer, Road & Bridges County Commissioner, Prescient 2 Vol. 213 Pg. ?_ North Country Estates .,�___ A rleezLprotecte�LLco�sununc2y— � - - -,. www.nce- hoa.org 979- 450 -4763 427 Dellwood St, Bryan, TX 77801 SUBJECT: Scheduled Driveway Culvert Replacement Date: December 2, 2014 TO: large A.& Kailiahi E Garcia (property owners of record) 4848 Blazing Trail Bryan, TX 77808 NOTE. The following information is provided as a courtesy by the Board of Directors for your planning information. The Board does not possess any authority whatsoever over the information herein as the Association has no 'standing interest' in the subject matter, thereby, making this information courtesy in nature. In the event you are not aware, your driveway culvert is scheduled to be replaced by the County Road & Bridges department as it was not set at the correct elevation by your builder, thereby inhibiting proper drainage of roadway runoff. Yours is one (1) of four (4) culverts needing correction to provide the proper drainage on Blazing Trail. Accordingly, as a courtesy and for your planning information: 1. You will have a short break in access to your driveway during this corrective construction activity. Before the start of work, the County Road & Bridges department will contact you with information you need to know in advance. 2. In accordance with the Brazos County authority and the requirements defined in County Article XVII (Driveways, Sidewalks, Mailboxes, and Culverts), the portion of your driveway above the replacement culvert will be a blacktop finish. 3. If you currently have a concrete finish, and desire to retain such, the County can finish the portion above the culvert in a road base material in preparation for the property owner supplying the concrete finish at their expense, per County Article XVII. If you desire such, submit a written request to the County Road & Bridges department within 10 days from the date of this letter. The County will conduct the culvert work except for a concrete finish as outlined above. If you have any questions regarding this information, scheduling of work, or the driveway finish option, contact the Country Road & Bridges office which governs these matters at 979/822 -2127. Again, this is courtesy information only from the Board of Directors to hopefully help you be prepared for the County work planned for your driveway culvert. Sincerely, Ga°' ry Ogg, Vice- President cc: County Engineer, Road & Bridges County Commissioner, Prescient 2 Vol. 213 Pg. North Country Estates ------ ______ www.nce - hoa.org 979- 450 -4763 427 Dellwood St, Bryan, TX 77801 SUBJECT. Scheduled Driveway Culvert Replacement Date: December 2, 2014 TO: Lesley D. & Km F. Rodgers (property owners of record) 4872 Blazing Trail Bryan, TX 77808 NOTE The following information is provided as a courtesy by the Board of Directors for your planning information. The Board does not possess any authority whatsoever over the information herein as the Association has no 'standing interest' in the subfect matter, thereby, making this information courtesy in nature. In the event you are not aware, your driveway culvert is scheduled to be replaced by the County Road & Bridges department as it was not set at the correct elevation by your builder, thereby inhibiting proper drainage of roadway runoff. Yours is one (1) of four (4) culverts needing correction to provide the proper drainage on Blazing Trail. Accordingly, as a courtesy and for your planning information: 1. You will have a short break in access to your driveway during this corrective construction activity. Before the start of work, the County Road & Bridges department will contact you with information you need to know in advance. 2. In accordance with the Brazos County authority and the requirements defined in County Article XVII (Driveways, Sidewalks, Mailboxes, and Culverts), the portion of your driveway above the replacement culvert will be a blacktop finish. 3. If you currently have a concrete finish, and desire to retain such, the County can finish the portion above the culvert in a road base material in preparation for the property owner supplying the concrete finish at their expense, per County Article XVII. If you desire such, submit a written request to the County Road & Bridges department within 10 days from the date of this letter. The County will conduct the culvert work except for a concrete finish as outlined above. It you have any questions regarding this information, scheduling of work, or the driveway finish option, contact the Country Road & Bridges office which governs these matters at 979/822 -2127. Again, this is courtesy information only from the Board of Directors to hopefully help you be prepared for the County work planned for your driveway culvert. Sincer liy�� /e /� Gary Ogg, Vice- President cc: County Engineer, Road & Bridges County Commissioner, Prescient 2 Vol. 213 Pg. ��� AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS COUNTY OFBRAZOS BEFORE ME, the undersigned authority, on JJ(6 I � 4 personally appeared Nume—, Fe,, :5 who being duly sworn, deposes and says: 1. That he /she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item,, No. � 5 of the Court Agendadated Z' q'l+ described as r 1cee +AI1M Ok IVIJ(4+\ C fi'U � n d7 7 t°s e' in7 in 04�s , would have a special economic effect on that unnty ro vv� ;nctontha�ce �Y$+P.v►� . business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or (� d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or 3. That I will abstain from participation in the matt r re ed to in Item 1 u1 ess au ri e t by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this the day of 2m�C�fZ01`.1 : ••• »Bethany Eckstrom Notary Public Notary Public in and fort STATE OF TEXAS The State of Texas ..°+ ,..... My Comm. Exp.O8tDM15 Filed: — FILED FOR RECORD DATE L—J' /9� County Clerk AT O'CLOCK KAR N,MCQUEEN 9'COUWV CLERK Vol. 213 Pg. °� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 9, 2014 SUBJECT: Temporary Utility Pemiit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line dim culvert and along right of way of Merka Road. Project will provide water to oil well location. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is [ Duane Peters, County DATE: 12 H I I Vol. 213 Pg. �''� by Commissioners' Court APPLICATION FOR WATER UTILITY PERMIT — -- - "DESIGNATING- PLACEMENTOF- UTILITYWCOUNTY RIGHT OF WA TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth - Distance Bored Jacked Driven Cased Merka Road 60 feet 30 °42'19.16 "N 30042'14.85"N On Surface 0.25 mile 1,300 feet 96 °18'27.62 "W 96 018'21.53 "W Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth - Distance Merka Road 30 °42'19.16 "N 30042'14.85"N On Surface 0.25 mile 1,300 feet 96 °18'27.62 "W 96 018'21.53 "W CONSTRUCTION TYPE 10" Diameter Wall Thickness PROJECT WILL LAY TEMPORARY10" Material Specification Aluminum Maximum Operation Pressure 50 PSI lui/�i[i� l;lll�itltlil�p]:ii) :3141 AND AND ALONG RIGHT OF WAY. 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 600' 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. Vol. 213 Pg. 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 (i e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company jails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanUCompany. Failure to obtain this permit and/or not& the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Halcon Resources Company Name Joe Mclain By: Signp e Water Resources Title 2700 Earl Rudder Frwy. #1800 Address College Station Tx 77845 City State Zip 817- 734.4433 Telephone Number JMclainl(@Iive.com Email: Vol. 213 Pg. %___ WATER UTILITY APPROVAL Brazos County offers no objection to the proposed l ocation of the utility in the County right of way as shown by accompanying drawings and notice dated /0-/—/4 except as noted below: EXCEPTIONS: (Montb/Day/Year) Q--- U o w, 4v Brazos County Engineer Vol. 213 Pg. 0. 0 L1 0 i O IW a �3 V 0 y Q S2 x Q mc C2 O w W a W z W U RIGHT -0P40.WY 0 O Q O F -. O C) i O L W U `+ a 1 Vol. 213 Pg. °� V CL H z z O H F- ffl O V H V O J S d d [=fi f 0 C? O Z 0 U' O d 0 q Z 0. z g Z U3 z O w Ul W" O d z eC J d W m 0 O CC V U J V LU N d W �7 Ny�T ~' Ln W z L _ W z LL1 J z z O J V � f- ~ z O cn O > W N d E LU 1 F- z In d z J _ a > W Z > O a Q Z li N M • :e s/ i T r G 7 O U N N N a i {7 6 N Q Vol. 213 Pg. 1 I BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauirements 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 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; 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. 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. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (3 6) 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 P 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. -Z 44 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 TMUfCD 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. �4 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, 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. Hieh Nessure 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 1�vpe of Pipeline (below deepest ditch sradO Suecial 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. '��7 _. — N F:. E p ga s ^ yde o �'Y -�N a $s -:F �$s�'s�a "s�$ � �° •�gs ?§ ��_- a §., n! o:J� Nil 122E < �- ° g $°- 1:8_82 Y•. rEd: - #d�` g' §;� � �'rJ J yz=` MO =,.,�Id g.11s` -�s fSa $k at 4� C E S t'e - pp66 N k= -YSE §tl -6gti5 -gc �- e.E e.�d .�g0rv:A$•51�8.RPB$� a,eek�e'p ��� die 9g�esf,E6iE {s. :ainsis 30 ryp� RL� xi w s � •c I _ §g2 � • H Vol. 213 Pg. it S J = o N O U Z fL wW U U N ' S > W � U Q 3 C W O a J C O O _ 2 ¢ n N O 2 N Q .- d U m U Q ) r N COi Y O 3 ¢ i J � a O SS 0 z � W + ~ a � N J S O 3 I �n BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: December 9, 2014 ITEM: Consider and take action on the Final Plat of Hidden Place Subdivision, 5.037 Acres: J. W. Scott League, A -49: Brazos County, Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner/Developer: Barry& Janine Brannon • Surveyor: Kerr Surveying, LLC R. Alan Munger, County Engineer This Request is [,- rAPPWVED / DEPI [ ] bx Commissioners' Court 1219/14 Date Vol. 213 Pg. _.� Application for Levelopment Office Use Only. Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 822 -2127 Master Plan Final Plat Re-Plat— Amending Plat Property Descriptio Road Location: , Legal Description: jV O'i t 7 A^ CW ScotF A �!Q Subdivision Descripf�qn� Subdivision Name: 44imev% —vaGe Total number of lots: S, Total Acreage: 5.0 3 7 Property Owner owner name(s): ae - m vsnon Current mailing address: %X 7'72oS Phone number(s): 8 70 o35st Applicant or Authorized Agent, Engineer or Surveyor Name and Address: 4ck N TOtfCr'3 rAsre M"ak -1X n e6 a Phone number(s): 962 -31,U Name and Address: Phone number(s), Application is for Residential 09 Mobile Home Park O Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? A0 (yes/no) Acknowledgment: The flood hazard boundary maps and other flood dam used by Brains County in evaluating flood hazards to proposed developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. fssuance of Floodplain Permit in accordance with the Brazos County Flood Damage Prevention ordinance does not imply that development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. 1s part or all of the property within an ETJ of a City? Uf> (yes /no). Will any construction occur in TxDOT right -of -ways? Via (yes/no) Application Check List: Copies of finished plat with corrections (if any): 0- 9 copies to Brazos County S- One (1) copy to Brazos County Health Dept U7 One (1) copy to Brazos County 911 hY One (1) copy to IDW Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health Dept. - For onsite sewage evaluation. ❑ Letter from Brazos County 911 - For road names. ❑ Letter from Water District or Company. - Stating water availability, etc.. If property is within an ETJ of a city: P�- Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not finished or dated until all documents listed above are filed at the Brazos County Engm Office and all applicable blanks are filled in the application above. Applicant's Signature Date County Vol. 213 Pg.� Date Engineer /Surveyor Check List for Plat Pre - Approval f� 1) Property located within a City Extra Territorial Jurisdiction (ETJ), contact with that City is required before plat approval. wl__� 2) Drawn on 24" x 36" sheet to scale of 100' per inch or larger. If more than one sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. 01 3) Include the words; "MASTER DEVELOPMENT PLAN —NOT FOR RECORD" or "FINAL PLAT" or "RE -PLAT' or "AMENDING PLAT' in letters %i' high 4) Vicinity map which includes enough of surrounding area to show general location of subject property in relation to major roads and any city limits and county boundaries. No scale required but include north arrow. 5) Title Block with the following information: p� Name and address of subdivider, recorded owner, pla mer, engineer and surveyor. f� Proposed name of Subdivision. (Subdivision name & street names will be approved through the Brazos County 911.) (Replats need to retain original subdivision name.) Bi Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet ©�— Total area intended to be developed. ❑ Re -plat or Amending Plat, existing lot and block description or Abstract name and number. B--' 6) North Arrow. ❑ 7) Location of any current city or county limit lines, if applicable. g) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract. q-� 9) Descriptions by metes and bounds of the subdivision which shall close within accepted land surveying standards. (Shown on drawing; not separate description) 10) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the survey or tract, or an original comer of the / original survey of which it is a part. 9 t l) Name of contiguous . subdivisions and names of owners of contiguous parcels of unsubdivided land, and an indication whether or not contiguous properties are platted. U� 12) Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available data. 0-- 13) Note the FEMA FIRM Map panel number and revision date on plat 14) Topographic information, including contours at two foot (2 @.) intervals, flowline elevation and flow direction. 15) Proposed drainage concept shown on plan, showing flow paths to primary system. Vol. 213 Pg. oZ3 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves; show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision; for the following: Existing Proposed f-' 21 ' Streets: continuous or end in a cul -de -sac, stubbed out streets must end into a temp. turn around unless they are shorter that 100 feet. AID 0-- Public and private R.O.W. locations, width(s) and names. (All existing and proposed R.O. W.'s sufficient to meet County and City Regulations, if applicable.) ❑ ❑ Street offsets and/or intersection angles meet ordinance. ❑ ❑ Alleys ❑ ❑ Reserve tracts. ❑ ❑ Well site locations. ❑ ❑ Pipelines: label company with volume and page. ❑ ❑ Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.) p/ @� Easements. ❑ ❑ Drainage Structures and improvements per engineering analysis. ❑ R` A number or letter to identify each lot or site and each block. ❑ ❑ Public areas. ❑ ❑ Other Public improvements, including but not limited to parks, schools and other public facilities. ❑ 17) All off -site easements for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be filed prior or concurrently with final plat. ❑ 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet ordinance requirements. Infrastructure costs should be separate for each phase of the subdivision. 19) Bring this check list with one copy of plat for pre- approval to meeting; date and time set by County Engineer or Planner. Meeting location set at County Engineering office. Brazos County Engineering Road & Bridge Department 2617 Hwy 21 West Bryan, Texas 77803 (979)822 -2127 Vol. 213 Pg. 5 2.0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14115 10.1 -10.3 On this the 9th day of December 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 9th day of December 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 9th day of December 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. T By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget __ Vol. 213 Pg. Z-5-3 "---- BRAZOS- COUNrr,TEXAS - -� " -- - -- BUDGET AMENDMENTS No. 14115 - 10.1 Roof Van for Facilities �Darrgent AP�rnval Date `'` Vol. 213 Pg. 2 y —_ -- -- BRAZOS- COUNTY, TEXAS - - -- - " BUDGET AMENDMENTS No. 14115 - 10.2 ation of funds to correct account. Constable Pct. #4 was responsible for the maintenance and up -keep on the X -Ray machine that was at the Court Annex. Now that it will be moved to the Administration Building, Constable Pet. #4 will no longer have the Vol. 213 Pg. �S3J BUDGET AMENDMENTS No. 14115 -10.3 12/912014 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 4500 63000500 80440000 CR Land 1000,000.00 4500 63000200 80440000 DR Land 1000,000.05 General Capital Improvement Fund: JP & Constable Pct #1 Reallocation of funds creating JP & Constable Pct 1 division to account for all costs associated with the preparation of land site, engineering fees, architectual fees, construction, funishings, technology equipment and any and all other related building and land costs associated with the project. e- Vol. 213 Pg. a PERSONNEL l E -O F— STAT-U S- REQUESTS Commissioner Court Date: December 09, 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 MI '.0 s Tax Office Treasurer's Office Anderson, Jr., Craig Ledyard, Holt Oliver, Michele Glidewell, Lana Approved in Commissioners' Court: Decem r 09 14: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 213 Pg. as% New Hire New Hire Transfer Win Dept. Transfer from another Dept.