HomeMy WebLinkAbout2015-02-17 10:00AM REGULAR MEETINGBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON FEBRUARY 17, 2015 AT 10:00 AM IN THE
COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
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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 - 22:
3_ Consider and possible permission for Boonville Re- Development Inc. to purchase construct, build,
and /or replace infrastructure at Boonville Cemetery.
4. Ratification of approval for Martha Moody to be buried in her family plot at Boonville Cemetery.
5. Payment Authorization to reimburse Inv. Scott Biddle in the amount of $383.36 for purchase of firearm
duty equipment to be used while on duty and in training. Equipment purchased from vendors with
lower pricing. Purchase order not obtained in advance.
6. Payment Authorization to Monograms & More in the amount of $109.90 for purchase of uniform shirts
for new County Attorney Investigator Randy Field. Purchase order not obtained in advance.
7. Approval of the Job Description for Chief Deputy (Class 23031 for the Tax Assessor Collector.
8, Consider and possible action on Lease agreement between The Harvey Community Center and Brazos
County.
9. Approval of amended contract with R.L. Payne & Associates for architectural services.
10. Open and consider bids received for Bid # 2015 -12 Oil and Gas Lease.
11. Award of bid contract # 2015-12 Oil & Gas Lease.
12. Permission to advertise the following bids:
• a. 2015.35 Fencing Supplies
• b 2015 -38 Transportation of Deceased
13. Consider and take action on the Wellborn Special UtllitV District utility permit to construct a road bore
for a 1-inch water line crossing under N Dowling Road 800 feet Southeast of Hopes Creek Road Line
will provide service to customer. Site is located in Precinct 1.
14. Consider and take action on the ETC Texas Pipeline LTD utility permit to construct a road bore a
minimum depth of 10 feet under Elmo Weedon Road approximately 1.275 feet Northwest of Timberwilde
Drive. Prolect will connect several oil wells In the area. Site Is located in Precinct 2.
15. Consider and take action on the ETC Texas Pipeline LTD utility permit to construct a road bore a
minimum depth of 10 feet under Long Trussel Road approximately 2,250 feet Southeast of Cobb Road
Prolect will connect several oil wells in the area. Site is located in Precinct 2.
16. Consider and take action on Right of Way Easement granting the City of Bryan doing business as
at Brazos County Road and Bridge. Site is located in Precinct 4.
17. Tax Refund Applications for the following:
• a. Jose Ventura & Franciscan Pancan- overpayment$28.37
• b. Kristine Fox - overpayment- $27.96
• c. Jesse Sandie- overpayment- $11.72
• d. Granite Earth- ovemayment458.63
18. Budget Amendments.
Budget Amendments FY 14115 20.1 -20.4
19. Personnel Change of Status.
Personnel Action Forms
20. Payment of Claims.
21. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
22. Consider and possible action on Executive Session.
23. Sheriffs report on inmate population.
24. Announcement of interest items and possible future agenda topics.
25. Call for Citizen input and /or concerns.
26. Adjourn.
Vol 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 Article V. Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code, Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves w8h proper respect and
decorum in speaking to, and /or addressing the Court; in participating In public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are Inappropriately attired and/or who do not conduct themselves
In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or
continued disruption of the meeting may result in a Contempt of Court Citation.
It Is not the Intention of the Brazos County Comm13e10neni Court to provide a public forum for the demeaning of any individual
or group. Neither Is it the intention of the Court to allow a member (or members) of the public to Insult the honesty and/or
Integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, Insulting or threatening language directed toward the Court and /or any person in the Court's presence
and /or racial, ethnic or gentler slurs or epithets will not be tolerated. Violation of these rules may result In the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3, a Contempt Citation; and /or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the Stale of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual Inaccuracies, recite
existing policy in response to an Inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7
561.042,
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 an their right to actively participate in the
business of the Court
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 108, 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) 381 -4102.
BRAZOSCOUNTY
BRYARTEXAS
40151 13 P325
BRAZOS COUNTY COMMISSIONERS COURT
In addition to the Regular Meeting, the Commissioners Court will consider and
take action on the following item(s):
MEETING
February 17, 2015
DATE:
MEETING
10:00 AM
TIME:
MEETING
Commissioners Courtroom of the County Administration
PLACE:
Building, 200 S. Texas Ave., Suite 106, Bryan, Texas
Agenda
Resolution 15.003 in support of local provider participation fund legislation.
The Commissioners Courtroom of the County Administration Building, 200 S. Texas Ave„ Suite 106, Bryan, Tetras is wheelchair accessible. Handicap
parking spaces are available. Any request for sign interprefim services must be made two working days before the meeting. To make arrangements,
please call (979) 3614102.
Vol.
qhL OF
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
February 17, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
0 Signature Page.odf
0 File Stamped Agenda.pdf
0 File Stamped Addendum.odf
0 Sign In Sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, February 17, 2015 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4, Absent;
Karen McQueen, County Clerk, Absent
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard
Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 22:
Vol. Pg.���
3. Consider and possible permission for Boonville Re- Development, Inc. to purchase,
construct, build, and /or replace infrastructure at Boonville Cemetery.
0 Item 3.pdf
0 Presentation.0
A presentation was given by Mervin Peters with Boonville Re- Development,
Inc. regarding the upgrades being made to the Boonville Cemetery. A copy of the
presentation is attached along with the items approved for the Boonville Redevelopment.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard,
Peters, Wassermann . Members Absent: Cauley. .
4. Ratification of approval for Martha Moody to be buried in her family plot at Boonville
Cemetery.
0 Item 4.pdf
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters,
Wassermann . Members Absent: Cauley. .
5. Payment Authorization to reimburse Inv. Scott Biddle in the amount of $383.36 for
purchase of firearm duty equipment to be used while on duty and in training. Equipment
purchased from vendors with lower pricing. Purchase order not obtained in advance.
0 Item 5.)d
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters,
Wassermann . Members Absent: Cauley. .
6. Payment Authorization to Monograms & More in the amount of $109.90 for purchase of
uniform shirts for new County Attorney Investigator Randy Field. Purchase order
not obtained in advance.
Item 6.r)d
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard,
Peters, Wassermann . Members Absent: Cauley. .
7. Approval of the Job Description for Chief Deputy, (Class 2303) for the Tax Assessor
Collector.
0 Item7.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard , Peters, Wassermann . Members Absent: Cauley. .
8. Consider and possible action on Lease agreement between The Harvey Community
Center and Brazos County.
0 Item 8.pdf
A copy of the lease agreement is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by County
Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley. .
9. Approval of amended contract with R.L. Payne & Associates for architectural services.
0 Item 9.pdf
Vol. __�?lz_ pg• J'd
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard , Peters, Wassermann . Members Absent: Cauley. .
10. Open and consider bids received for Bid # 2015 -12 Oil and Gas Lease.
Charles Wendt, Purchasing Agent opened the two bids received for 2015 -12. Both bids
were submitted by Halcon Resources and were duplicates. Halcon Resources bid on
Tracts 1 and 3 only.
11. Award of bid contract # 2015 -12 Oil & Gas Lease.
0 Item 11.pdf
On motion by Commissioner Catalena, seconded by Commissioner Wassermann, the
Court voted unanimously to award Bid 2015 -12 to Halcon Resources for Tracts 1 and 3.
A copy of the bid tabulation is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann . Members Absent: Cauley. .
12. Permission to advertise the following bids:
• a. 2015 -35 Fencing Supplies
• b. 2015 -38 Transportation of Deceased
0 Item 12.0
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann . Members Absent: Cauley. .
13. Consider and take action on the Wellborn Special Utility District utility permit to construct
a road bore for a 1 -inch water line crossing under N. Dowling Road 800 feet Southeast of
Hopes Creek Road. Line will provide service to customer. Site is located in Precinct 1.
Item 13.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena,
Mallard , Peters, Wassermann. Members Absent: Cauley. .
14. Consider and take action on the ETC Texas Pipeline, LTD utility permit to construct a
road bore a minimum depth of 10 feet under Elmo Weedon Road approximately 1,275
feet Northwest of Timberwilde Drive. Project will connect several oil wells in the area.
Site is located in Precinct 2.
ID Item 14.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann . Members Absent: Cauley. .
15. Consider and take action on the ETC Texas Pipeline, LTD utility permit to construct a
road bore a minimum depth of 10 feet under Long Trussel Road approximately 2,250
feet Southeast of Cobb Road. Project will connect several oil wells in the area. Site is
located in Precinct 2.
0 Item 15.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann. Members Absent: Cauley. .
16. Consider and take action on Right of Way Easement granting the City of Bryan, doing
business as Bryan Texas Utilities, an easement and right -of -way across Brazos County
property. Easement is required in order to relocate electric distribution pole to
accommodate the proposed oil and lube center at Brazos County Road and Bridge. Site
is located in Precinct 4.
0 Item 16.0
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann. Members Absent: Cauley. .
17. Tax Refund Applications for the following:
• a. Jose Ventura & Franciscan Pancan- overpayment - $28.37
• b. Kristina Fox - overpayment - $27.95
• c. Jesse Sand le-overpayment-$11.72
• d. Granite Earth - overpayment - $58.63
m Item 17.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard,
Peters, Wassermann . Members Absent: Cauley. .
18. Budget Amendments.
Budget Amendments FY 14/15 20.1 -20.4
0 Item 18.pdf
20.1 Reallocate funds for 361st District Court.
20.2 To recognize a monetary donation for the Sheriff Office.
20.3 Reallocate funds for Capital Projects.
20.4 Reallocate funds for the Medical Clinic Building.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters,
Wassermann. Members Absent: Cauley. .
19. Personnel Change of Status.
Personnel Action Forms
0- Item 19.pdf
A copy of the Personnel Change of Status request is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard,
Peters , Wassermann . Members Absent: Cauley .
20. Payment of Claims.
%Pg.0
d BILL LIST 02.17.15A
4 Claims Sheet.ndf
At this point, the County Judge announced the Court would consider approval of the
Addendum to the agenda and return to claims after the Executive Session.
Having considered the previously noted agenda items, the Court returned to approve
claim numbers 7129927 through 7130134.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann. Members Absent: Cauley. .
II0-- Addendum.ndf
At this point the County Judge considered an Addendum to the Agenda to consider
Resolution 15 -003 in support of local provider participation fund legislation.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena,
Mallard, Peters, Wassermann. Members Absent: Cauley. .
21. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
At this point, the County Judge announced the Court would consider items 23 through 25
then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:47 a.m. the County Judge
stated that the Court would convene into Executive Session to consult with attorney
about pending or contemplated litigation and /or a settlement offer pursuant to
Section 551.0725 of the Texas Government Code.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard. Civil Counsel
22. Consider and possible action on Executive Session.
10 Item 22.0
At 10:58 a.m., the County Judge opened the meeting to the public. On motion by
Commissioner Catalena, seconded by the County Judge, the Court unanimously
approved the attached settlement agreement.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County
Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley. .
23. Sheriffs report on inmate population.
Jim Stewart, Chief Deputy stated there were 616 inmates in jail, 57 with electronic
monitors, and 10 pending monitors. Chief Stewart also introduced Carla Field as the
Sheriffs new Administrative Assistant.
24. Announcement of interest items and possible future agenda topics.
Vol. 6?117 Pcg. j?
Commissioner Mallard attended the Conference of Urban Counties meeting and gave a
update on the topics discussed.
25. Call for Citizen input and /or concerns.
Charles Mancuso, who lives on Mancuso Road informed the Court that there is a need
for more law enforcement present on Tabor Road. He suggested that a signal or three
way stop be installed at Tabor Road and FM 2123. He also informed the Court of
problems in the area with the frequency of controlled burns, and the discharging of fire
arms. He mentioned contacting the Road & Bridge Department requesting the ditches
and culverts be cleaned. He also thanked the Court for voting against the Brazos
County Appraisal Districts building and all they do.
26. Adjourn.
Pg. `5
The foregoing minutes of the Commissioners Court meeting held February 17, 2015 have
been examined and are approved in open Court this rd day of
MO'N t,
Duane Peters
County Judge
2015, in Bryan, Brazos County, Texas.
6SM&U;7-
S y C alena
Commissfoner, Precinct 2
Attest:
Karen McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallar
Commissioner, X r ecinct 3
EVOI. ? l °r1•
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Brazos County
Job Description
Last Updated: February 2015
■,
Tamplere fle,Asion 12 08/152012
Class Number:
2303
Title:
Chief Deputy
Pay Group:
24
Department:
Tax Assessor/ Collector
FLSA Status:
Exempt
Reports To:
Tax Assessor/ Collector
Approved Date:
02/2712015
EEOC Category:
Officials and Administrators
General Summa g: _
Oversees and coordinates as Tax Otflce functions and employees.
I Essential Duties:
Acts in the absence of the Tax Assessor/Collector in any and all matters of office responsibilities, including the supervision of any and all personnel.
Keeps the Tax Assessor /Collector informed of all office objectives and issues. NOTE: Should a vacancy occur in the office of Tax
Assessor/Collector, State Law requires the Chief Deputy to assume the duties of that office. (Attorney General Opinion M -1211) Chief Deputy must
first be bonded and that bond approved before assuming position of Acting Tax Assessor /Collector. Oversees all office procedures and monitors
needs and activities of all departments. Assists in preparation of annual budget and oversees expenditures. Identifies issues and develops
procedures for more effective processes within the office and in the services provided to the public. Acts as liaison and represents the Tax
Assessor /Collector to the public, media, other County Departments and taxing jurisdictions as needed. Conducts review of employee applications
and oversees testing and interview process. Oversees employee performance reviews. Works with department heads to Identify and suggest office
policies to the Tax Assessor Collector. Monitors functionality of all software and computer systems utilized by the County Tax Office. Responsible for
calculation of effective tax rates for all taxing jurisdictions within Brazos county. Includes coordination of publication of effective tax rates and
presentation of data to the taxing jurisdictions.
I Other Duties as assigned. (1 %)
Su fNs /on
Received:
Given:
Supervises all department supervisors and staff.
Education
Required:
High school graduation or Its equivalent, formal education required to obtain a professional designation with the
Tax Assessor/Collectors Association of Texas. Prefer ten years of experience, including at least five years of
supervisory experience; or any equivalent combination of education and experience which provides the
required knowledge, skills, and abilities.
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:
Certificates, Licenses,
Registrations
Required:
Must be or become member of the Tax Assessor /Collector's Association of Texas and hold or be working
toward PDAC certification,
Preferred:
VOI. 02/ 7 Pg. �iJl
Physical Demands
TyplCal'
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 maybe 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
TyPICaI'
Texas Property Tax Laws and procedures, Texas Transportation Code as it pertains to the registration and title
procedures for motor vehicles, and a working knowledge of Texas Election Code. 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 supervisory management
practices. Must have knowledge of all reporting requirements to all agencies connected with the County Tax
Office.
Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate
employees; 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
Typieal'
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations maybe 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.
Q::fja�2U-7%I-6
Duane Peters Date
County Judge
LEASE AGREEMENT
� 22JJ
LEASE AGREEMENT, made this the _� day of J �D15, by and
between THE HARVEY COMMUNITY CENTER, acting by and through its duly elected
Board of Trustees, (called "LANDLORD ") and BRAZOS COUNTY, TEXAS, acting by
and tnrougn its duly elected commissioners court (called "IENANT ").
WITNESSETH:
1. DEMISE — DEMISED PREMISES. LANDLORD, for and in consideration of
the covenants and conditions hereinafter contained on the part of the
TENANT to be performed, and in consideration of the rental hereinafter
reserved, does hereby grant, lease, demise, and let unto TENANT, and
TENANT does hereby rent and take from LANDLORD, a parcel of land in
Brazos County, Texas described as follows, to -wit:
Being a 0.2296 acre tract or parcel of land lying and being situated in the Maria
Kegans Survey, Abstract No. 28, Brazos County, Texas, and being more
particularly described on Exhibit "A" attached hereto and made a part
hereof for all purposes.
2. USE. LANDLORD agrees that TENANT and those holding by, through and
under TENANT, may use the Demised Premises for any lawful purpose. It is
the intention of TENANT to use the Demised Premises for the purpose of
operating a Citizens Collection Station for the collection of plastic, glass,
aluminum, appliances, yard waste, household waste and such other items as
the TENANT deems proper and consistent with it recycling program. The
waste shall be collected and stored on the Demised Premises in compliance
with all federal and state laws and regulations until such time as it can be
hauled off the Demised Premises by the TENANT, its agents, employees or
subcontractor for ultimate disposal off site (said disposal to comply with all
federal and state laws and regulations). LANDLORD expressly warrants that
the Demised Premises may be used for all of the specific purposes expressed
hereinbefore. LANDLORD agrees that in the event TENANT shall for any
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agreement - brazos co and harve�yL6FAIAl1A1tyLPntrr dorx __ Page 1
t�,,l. j� Pg. �/
reason be prevented at any time from using the Demised Premises for any or
all of the specific purposes expressed hereinbefore, then TENANT may, at
TENANT's option, terminate this Lease, on the date specified in the notice, by
delivering written notice to that effect to LANDLORD and thereafter neither
LANDLORD nor TENANT shall have any further rights, duties or obligations
under this Lease and the rents and other sums payable by TENANT for the
remainder of the term shall wholly abate.
3. TERM. This Lease shall be effective from October 1, 2012; the term of this
Lease shall commence on such date which date is hereinafter called the
"commencement date" of this Lease, and the original term shall extend and
continue for a period of three (3) years from and after the commencement
date.
TENANT may, subject to approval and written consent of the Board of
Trustees of LANDLORD, renew and extend the term of this Lease annually
following the original term, such renewals to be for a period of one (1) year
each following the expiration of the preceding term of this Lease, by giving
written notice to LANDLORD thirty (30) days prior to the date on which the
option period begins, seeking approval from the Board of Trustees of
LANDLORD.
4. RENT. Rent shall accrue during the original term from and after the
commencement date of this Lease and shall be payable by TENANT to
LANDLORD at Bryan, Brazos County, Texas, at Bryan, Brazos County,
Texas, at the rate of $1,200.00 per annum during each term, in lawful money
of the United States of America. The rent shall be due and payable either in
equal monthly installments of $100.00 payable in advance on or before the
first day of each calendar month or in full in one annual payment payable on
the first day of each calendar year, at TENANT's option.
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5. COSTS. TENANT shall pay for all utilities furnished the Demise Premises for
the term of this Lease, specifically including electricity. It is the understanding
of the parties hereto that the Demised Premises is not subject to ad valorem
taxes and nothing herein contemplated should alter such tax status.
6. REQUIREMENTS OF LAW. TENANT shall promptly comply with all statutes,
ordinances, rules, regulations, and requirement of the Federal, State and
Municipal governments and of any and all of their Departments and Bureaus
which are applicable solely to the use made by TENANT of the Demised
Premises during the original term or any renewal thereof. LANDLORD shall
comply with all statutes, ordinances, rules, regulations, orders and
requirements of the Federal, State and Municipal governments and with any
and all of their Departments and Bureaus applicable to the Demised
Premises.
7. IMPROVEMENTS. TENANT may install a cyclone fence around the Demised
Premises, gravel an access road to be situated on the Demised Premises to
facilitate vehicular traffic to the Demised Premises, and erect a covered
shelter for its employees, agents or subcontractors. TENANT may make
such other improvements as deemed necessary for the operation of the
disposal site. At the end of the original or option terms, if exercised, TENANT
will remove all improvements and return the property to its condition as of the
commencement date. In the event TENANT has not removed all
improvements within thirty (30) days of the date it vacates the property, it is
agreed that the remaining improvements shall become the property of
LANDLORD. During the original term and all option terms, if any, TENANT
shall keep the Demised Premises clean and neat in appearance, agreeing to
keep the Citizens Collection Station organized and well maintained.
8. INDEMNIFICATION. TENANT agrees to indemnify and save harmless
LANDLORD and the members of the Board of Trustees of LANDLORD, from
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any and all liability, damages, costs, attorneys' fees, expense, causes of
action, suits, claims, or judgments of any kind or character for injury to person
or property caused by the negligence of TENANT, its invitees, subcontractors
employees, agents, and guests which arises out of or is related to the
TENANT's occupancy of the Demised Premises. TENANT shall and will, at
its own expense, defend any and all suits in which LANDLORD and /or
members of the Board of Trustees of LANDLORD may be a party, upon any
such above mentioned claim, and shall and will satisfy, pay and discharge
any and all judgments that may be recovered against LANDLORD and /or
members of the Board of Trustees in any such action or actions.
9. INSURANCE. TENANT represents to LANDLORD that LANDLORD will be
insured under TENANT's general liability insurance, respectively, for personal
injury or property damages arising out of or relating to this Lease of the
Demised Premises. A Certificate of Insurance referencing the LANDLORD
herein as the Certificate holder and evidencing the LANDLORD's coverage is
attached hereto as Exhibit "B" and made a part hereof for all purposes.
10.TENANT'S ACCEPTANCE OF PREMISES. TENANT by entry hereunder
accepts the premises as being in good and sanitary condition, and in good
repair. TENANT agrees, on the last day of the terms of this Lease, or its
earlier termination, to surrender the premises to LANDLORD in the same
condition as received, reasonable use and wear, damage by fire, act of God,
or the elements excepted. TENANT's obligation to surrender the premises to
LANDLORD in the same condition as received includes, but is not limited to,
obligation and liability for all environmental cleanup of the Demised Premises
in compliance with all State and Federal laws and regulations.
11. EMINENT DOMAIN. If the whole or any part of the Demised Premises shall
be taken by lawful authority for any public or a quasi - public use or purpose
this Lease shall, as to the part so taken, terminate on the date title shall be
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acquired, and the rent shall abate fairly and in proportion to the part so taken
and shall entirely abate if the entire Demised Premises is so taken. In all
cases of a partial taking of the Demised Premises TENANT may, at its
election, by delivering written notice to that effect to LANDLORD, terminate
this Lease and vacate the Demised Premises, and in that event, the liability of
TENANT for performance of the Lease shall terminate and come to an end
and all rents shall abate.
12. DEFAULT BY TENANT. It is expressly understood and agreed that if default
be made in the payment of the rent or any part thereof as herein specified, or
if default be made in covenants and agreements in this Lease contained on
the part of TENANT to be performed, in addition to all other rights and
remedies available to LANDLORD, LANDLORD may, if LANDLORD elects, at
any time thereafter terminate this Lease and the term thereof if fifteen (15)
days after giving to TENANT notice in writing of its intention to do so,
TENANT has failed to remedy the default; this Lease and the term thereof
shall terminate expressly and come to an end on the date fixed in such notice
as if said date were the date originally fixed in this Lease for the termination
or expiration thereof.
13.TENANT'S RIGHT TO PERFORM. In the event LANDLORD violated or fails
to perform any provisions or agreement of the Lease to be performed or
complied with by LANDLORD, and such violation or failure continues for
fifteen (15) days after written notice thereof to LANDLORD, TENANT may, in
addition to all remedies available to it, be entitled to perform on behalf of
LANDLORD and deduct all such payments from the rent.
14.QUIET ENJOYMENT. LANDLORD does covenant that TENANT on paying
the rent and performing the covenants aforesaid shall and may peacable and
quietly have, hold and enjoy the said Demised Premises for all terms
aforesaid.
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15. SURRENDER. TENANT shall quit and surrender the Demised Premises at
the expiration of the term and /or any extensions thereof in good order and
condition.
16. NOTICES. Any notice given pursuant to this Lease shall be valid only if given
in writing, and shall be deemed sufficiently given in given by registered or
certified mail with sufficient postage attached. Notice to LANDLORD shall be
sufficient if given or addressed to LANDLORD as follows:
Harvey Community Center
6300 Cole Lane
College Station, Texas 77845
Notice to TENANT shall be sufficient if given or addressed to:
Brazos County, Texas
Brazos County � Jl~d(e
inn r__a n�+thca�....s 2o0 ^J ."%" -EXrtS Ytlley� 33°�
f� r'gcLn TX 7 7$fJ�
The date of any notice provided for in this Lease shall be the date of
deposit in the United States mail with sufficient postage if given by
registered or certified mail, or the date of actual delivery to the above
address of the arty to be notified, if otherwise given. The person and
place to which notice may be given may be changed from time to time by
LANDLORD or TENANT respectively upon written notice to the other,
effective five (5) days after delivery of such notice.
17.SUCCESSOR AND ASSIGNS. The terms, agreements, covenants and
conditions contained in this Lease are binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be duly executed as of the day and year first above written.
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HARVEY COMMUNITY CENTER
By: -�
Oliver Goen.. it
By:
David Hyde�An,, Tr tee
By � P`
Clyde l3oen, Trustee
By: 10��
Oliver Goestee
7 S C NTY, TE)
By: NA
Duane Peters, County Judge
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L01. Pg. ���
Legal Description
0.2296 Acre Parcel
Harvey School - C.F. Goon
Marla iii Survey - Abstract 28
Brazos County, Texas
BEING a 0.2296 acre tract or parcel of land being situated and lying in the Maria Kegans
Survey, Abstract No. 28, Brazos County, Texas; being a part of that certain 2.27 acre tract
retained by C.F. Goen as described by deed dated March 20, 1948 conveying a tract of
land to J.F. Grant and recorded in Volume 134, Page 260, Deed Records of Brazos
County, Texas, and more particularly described by metes and bounds as follows:
COMMENCINGat the Southeast corner of Lot 8, Block 1, Deerfield Estates Subdivision
set in the southwest right -of -way line of State Highway 30;
THENCE South 49-15- 52' East along the southwest right-of -way line of State Highway
30 for a distance of 67.1 feet to the POINT OF BEGINNING;
THENCE Continuing South 49' 15' 52' East along State Highway 30 Southwest right -of-
way line for a distance of 100.00 feet to an iron iod for corner,
THENCE South 38° 14' Ofs' West Into the aforementioned 2.27 acre tract for a dstance
of 100.00 feet to an Iron rod for tamer;
THENCE North 49 -IV S2' West for a dstancs of 100.00 feet to an iron rod for corner;
THENCE North 38' 14' 08' East for a distance of 100.00 feet to the PLACE OF
BEGINNING and containing 0.2296 of an acre of land more or less.
II
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OF i
IV
Surveyed b1' ....- ....._. .
Winder - No. 3656
suax !stared Professionai
nd Surveyor
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EXHIBIT "A" i
i
-- ------ - -
- - --
BRAZOS COUNTY
ARCHITECT SERVICES CONTRACT
Agreement
This Architect Services Contract ( "Contract") is between Brazos County, Texas,
( "the County') and R.L. Payne & Associates, Inc. ( "R.L. Payne" or the "Architect"). The
Architect agrees to provide the County with certain professional services as described
herein, and the County agrees to pay the Architect for those services. This Agreement,
Exhibit A (Scope of Services), Exhibit B, and Exhibit C collectively comprise the
Contract and shall be read together unless otherwise indicated. However, in the event
of any conflict, this Agreement shall prevail. The "Project' contemplated herein is the
design and construction of the Brazos County Medical Clinic.
ARTICLE I
Scope of Services
1.01 In consideration of the compensation stated in paragraph 2.01 herein below, the
Architect agrees to provide the County with the professional services as described in
Exhibit "A ", the Scope of Services ( "Scope of Services" or "Scope "), incorporated herein
by reference for all purposes.
ARTICLE II
Payment
2.01 In consideration of the Architect's provision of the professional services in
compliance with all terms and conditions of this Contract, the County shall pay the
Architect according to the terms set forth in Exhibit "A" and Exhibit "B ". Except in the
event of a duly authorized change order(s), approved by the County as provided in this
Contract, the total cost of the professional services provided under this Contract may
not exceed FOURTY -FIVE THOUSAND, FOUR HUNDRED DOLLARS and NO /100ths
($45,400.00).
ARTICLE III
Time of Performance
3.01 The Architect shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Architects in the location in which the Architect practices or Brazos
Page 1
County, Texas, skilled in design for projects of similar scope, and all of the Architect
services shall be performed as expeditiously as is consistent with said standards and
the orderly progress of the work.
3.02 Time is of the essence of this Contract. The Architect shall be prepared to
provide the professional services in the most expedient and efficient manner possible
in order to complete the work in a timely manner. Promptly after the execution of this
Contract, Architect shall prepare and submit for the County to approve in writing, a
detailed schedule for the performance of the Architect's services. The Architect's
schedule shall include allowances for periods of time required for the County's review
and for approval of submissions by authorities having jurisdiction over the Project. The
time limits established by this schedule over which Architect has control shall not be
exceeded without written approval from the Commissioner's Court.
3.03 The Architect's services consist of all of the services required to be performed
by the Architect, Architect employees and Architect consultants under the terms of this
Contract. Such services include normal, mechanical and electrical engineering
services, and any other design services that are normally or customarily furnished and
reasonably necessary for the Project. The Architect shall contract and employ, at his
expense, consultants necessary for the design of the Project, and such consultants
shall be licensed as required by the State of Texas and approved in writing by the
County.
3.04 The Architect shall designate a principal of the firm reasonably satisfactory to
the County who shall, so long as employed by the Architect and acceptable to the
County, remain in charge of professional services through completion of the design
and be available for general consultation throughout the Project. Any replacement of
that principal shall be approved in writing (which shall not be unreasonably withheld) by
the County, prior to replacement.
3.05 The Architect shall be responsible for the coordination of all drawings and
design documents used on the Project. The Architect shall also be responsible for the
completeness and accuracy of all drawings and specifications submitted by or through
the Architect and for their compliance with all applicable codes, ordinances,
regulations, laws and statutes.
3.06 The Architect's evaluations of the preliminary estimates of construction cost and
detailed drawings, prepared by the Architect shall represent the Architect's best
judgment as a design professional familiar with the construction industry.
3.07 The construction budget for the Project, which is established as a condition of
this Contract is SEVEN HUNDRED THOUSAND DOLLARS AND NO /100ths
($700,000.00). This construction budget amount shall not be exceeded unless the
amount is changed by the County.
1101- �l oq 'Jfp j Page 2
ARTICLE IV
Schematic Design
4.01 Upon the Architect's approval from Commissioner's Court and receipt of a letter
of authorization to commence the Schematic Phase, the Architect shall meet with each
department of the County that is included in the design or re- design for the purpose of
determining the nature of the Project. The Architect shall use the County's Long Range
Planning documents to assist in space requirements. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 The Architect shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. The Architect shall prepare a detailed design phase schedule which
includes all review and approval periods during the schematic design, design
development and construction document phases.
4.03 The Architect shall prepare a conceptual design that shall include schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in
the Project. The conceptual design shall contemplate compliance with all applicable
laws, statutes, ordinances, codes and regulations. Upon the County's request, the
Architect shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Design Development
5.01 The County shall direct the Architect to commence work on the Design
Development Phase by the approval of the Commissioner's Court or its designee. The
Architect shall meet with the County for the purpose of determining the extent of any
revisions to the Schematic Design.
5.02 The Architect shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may be appropriate. The
Architect shall submit to the County a detailed design and estimate of the construction
costs of the Project, based on current area, volume, or other unit costs.
5.03 Upon completion of the Design Development Phase of the Project, the Architect
shall meet with approved committee for Brazos County and make a presentation of the
preliminary design of the Project. The Architect shall provide an explanation of the
Design Development and cost estimate and shall verify that, to the best of Architect's
Vol. -Y-i7 P( X 7 1 Pale 3
belief, the Project requirements and construction can be completed within the project
budget and schedule.
ARTICLE VI
Construction Documents
6.01 The County Commissioners Court or its designee shall direct the Architect to
commence work on the Construction Documents phase of the Project by sending to
the Architect a "letter of authorization" to begin work on the Construction Documents
phase of the Project. Upon receipt of the Letter of Authorization to proceed with the
Construction Documents phase of the Project, the Architect shall immediately prepare
the Construction Documents, including, but not limited to, the bid documents, contract,
drawings, and specifications, to fix and describe the size and character of the Project
as to structural, mechanical, and electrical systems, materials, and such other
elements as may be appropriate. The final design of the Project shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
6.02 Upon approval of the Construction Documents, the Architect shall warrant that
the final design shall be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Architect shall assist the County Purchasing Department to obtain bids
for the completion of the construction Project. The Architect hereby agrees that no
changes, modifications, supplementations, alterations, or deletions will be made to
the Project unless warranted by necessity and approved by the Commissioner's
Court or its designee.
6.04 The Architect shall provide the County, in sufficient quantity and media, with
complete Contract documents sufficient to be advertised for bids by the County. The
Contract documents shall include the design and specifications and other changes that
are required to fulfill the purpose of the Project. Upon completion of the final design of
the Project, with the submission of the complete Contract documents, and upon
request of the County, the Architect shall meet with the approved Construction
Committee for Brazos County and/or the Commissioner's Court to present the final
design of the Project. The Architect shall provide an explanation of the final design and
cost estimate.
ARTICLE VII
RFP Preparations, Bidding & Evaluation
7.01 The Architect shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project. Upon request, the Architect
shall meet with the approved Committee and /or the Commissioner's Court to present
and make recommendations on the bids submitted for the construction of the Project.
7.02 The Architect shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project.
The Architect shall evaluate each bid and provide these evaluations to the County
along with a recommendation on each bid. If the lowest bid for the construction of the
Project exceeds the final cost estimate set forth in the final design of the Project, then
the Architect, at his sole cost and expense, shall revise the construction documents so
that the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project.
7.03 Where substitutions are requested by a construction contractor, the Architect
shall review the substitution requested and approve or disapprove such substitutions.
ARTICLE VIII
Construction Administration
8.01 The Architect shall be a representative of, and shall advise and consult with,
the County (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract
( "Construction Administration "). The Architect shall have authority to act on behalf of
the County only to the extent provided in this Agreement unless modified by written
instrument.
8.02 The Architect shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Architect shall periodically
review the as -built drawings for accuracy and completeness, and shall report their
findings to the County.
8.03 The Architect shall keep the County informed of the progress and quality of the
work by meeting weekly with the approved County Committee. The Architect shall
exercise the normal and customary standard of care and diligence in discovering and
promptly reporting to the County any defects or deficiencies in such work and shall
disapprove or reject any work failing to conform to the Contract documents.
8.04 The Architect shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Architects review and approval shall include
a determination of whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the Contract documents.
Vol. pg. �� -- I Pages
8.05 The Architect shall determine the acceptability of substitute materials and
equipment that may be proposed by construction contractors or subcontractors. The
Architect shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Architect shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Architect shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Architect shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and progress of the Work.
The Architect shall receive no additional compensation for providing clarification of the
Drawings and Specifications.
8.07 The Architect shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Architect's recommendation of payment, being based upon the
Architect's on -site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Architect to the County that the
quality of such work is in accordance with the Contract documents and that the work
has progressed to the point reflected in Architect's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is
substantially complete, the Architect shall conduct an inspection of the site to determine
if the Project is substantially complete. The Architect shall prepare a checklist of items
that shall be completed prior to final acceptance. Upon notification by the construction
contractor that the checklist items designated by the Architect for completion have been
completed, the Architect shall inspect the Project to verify final completion.
8.09 The Architect shall not be responsible for the work of the construction contractor
or any of the subcontractors, except that the Architect shall be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the Contract documents if such failures result from the Architect's negligent acts or
omissions. This provision shall not alter the Architect's duties to the County arising from
the performance of the Architect's obligations under this Contract.
8.10 The Architect shall conduct at least one on -site inspection during the warranty
period and shall report to the County as to the continued acceptability of the work.
8.11 The Architect shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without advance, written authorization
from the County.
Vol. � Pg. r-0 1 Page 6
8.12 The Architect shall perform all of his or her duties under this Article VIII so as to
not cause any delay in the progress of construction of the Project.
8.13 The Architect shall assist the construction contractor and County in obtaining
an Occupancy Permit by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Architect shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders must be approved by Commissioner's Court if the
amount owed to Architect or Contractor changes. Change Orders that do not alter the
approved budget shall be approved by the committee appointed by Commissioner's
Court. Any request by the Architect for an increase in the Scope of Services
or an increase in the amount listed in paragraph 2.01 of this Contract shall be
made and approved by the County Commissioners prior to the Architect
providing such services or the right to payment for such additional services
shall be waived. If there is a dispute between the Architect and the County respecting
any service provided or to be provided hereunder by the Architect, including a dispute
as to whether such service in addition to the Scope of Services included in this
Contract, the Architect agrees to continue providing on a timely basis all services to be
provided by the Architect hereunder, including any service as to which there is a
dispute.
9.03 The Architect shall furnish the County electronic plans and specifications in PDF
format. It is hereby agreed that additional copies shall be provided to the County at the
County's expense. The Architect shall provide copies of documents, computer files if
available, surveys, notes, and tracings used or prepared by the Architect. The
foregoing documentation, the work product, and other information in the Architect's
possession concerning the Project shall be the property of the County's from the time
of preparation. The Architect shall also furnish one set of digital files representing the
final as- builts.
9.04 The Architect shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Architect may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
>> ��� Page 7
intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Architect shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments. These requests shall be
accompanied by sufficient supporting data and information to permit the Architect to
make a reasonable determination without extensive investigation or preparation of
additional drawings or specifications. If the Architect determines that requested
changes in the work are not materially different from the requirements of the Contract
Documents, the Architect may issue an order for a Minor Change in the Work or deny
the request.
9.04.2 If the Architect determines that implementation of the requested changes would
result in a material change to the Contract that may cause an adjustment in the
Contract Time or Contract Sum,.the Architect shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Architect shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Architect.
Upon the County's approval, the Architect shall incorporate those estimates into a
Change Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Architect shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Architect shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Contractor and forward to the County's review and records, written warranties and
related documents required by the Contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the Contract document.
10.02 The Architect's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected.
�1� Y� I Page 8
Vol. pg.
10.03 When the work is found to be substantially complete, the Architect shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Architect shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Architect warrants that
the information provided by the Architect reflects high professional and industry
standards, procedures, and performances. The Architect warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Architect warrants that the Architect will exercise diligence and due care and perform in
a good and workmanlike manner all of the services pursuant to this Contract. Approval
of the County shall not constitute, or be deemed, a release of the responsibility and
liability of the Architect, its employees, agents, or associates for the exercise of skill
and diligence to promote the accuracy and competency of their designs, information,
plans, specifications or any other document, nor shall the County's approval be
deemed to be the assumption of responsibility by the County for any defect or error in
the aforesaid documents prepared by the Architect or the Architects employees,
associates, agents, and subcontractors.
11.02 The Architect shall promptly correct any defective designs or specifications
furnished by the Architect at no cost to the County. The County's approval,
acceptance, use of, or payment for, all or any part of the Architect's services hereunder
or of the Project itself shall in no way alter the Architect's obligations or the County's
rights hereunder.
11.03 In all activities or services performed hereunder, the Architect shall be deemed
an independent contractor, and not an agent or employee of the County. The Architect
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Architect shall be responsible for the professional
services and the final work product contemplated under this Contract. Except for
materials furnished by the County, the Architect shall supply all materials, equipment,
and labor required for the professional services to be provided under this Contract.
11.04 The Architect must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the Project.
Vol. pg. Page 9
11.05 Indemnity/ Comparative Negligence: The Architect shall indemnify the County
only to the extent of the liability that was caused by the Architect. To the fullest extent
by law, the Architect agrees to and shall indemnify, hold harmless, and defend the
County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Architect under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Architect.
ARTICLE XII
Insurance
12.01 The Architect shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this Agreement and according to the minimum
standards as set out in "Exhibit C."
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 The drawings, specifications and other documents prepared by the Architect for
this Project shall become the property of the County whether or not the Project is
completed. The County shall be furnished and permitted to retain reproducible copies
and electronic versions of Architect's drawings, specifications and other documents.
13.02 The documents prepared by the Architect may be used as a prototype for other
facilities by the County. The County may elect to use the Architect to perform the site
adaptation and other architectural services involved in reuse of the prototype. If so, the
Architect is obligated to perform the work for an additional compensation that will fairly
compensate the Architect and required consultants only for the additional work
involved. It is reasonable to expect that the fair additional compensation will be
significantly less than the fee provided for under this Contract.
13.03 In the event of termination of this Agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this Project may be used by the
Architect on other projects, but they shall not be used as a whole without written
Pq._ I Page 10
authorization by the County. The County s furnished forms, conditions, and other written
documents shall not be used on other projects by the Architect.
ARTICLE XIV
Termination
14.01 The County may terminate the Architect at any time upon thirty (30) calendar
days written notice. Upon the Architects receipt of such notice, the Architect shall
cease work immediately. The Architect shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Architect fails to fulfill his or her obligations under this
Contract, or if the Architect violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Architect five (5) calendar days
written notice to the Architect. The Architect will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Architect of
liability to the County for damages sustained by the County because of any breach of
contract and /or negligence of the Architect.
ARTICLE XV
Miscellaneous Terms
15.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
15.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U.S. Mail to the following addresses:
County of Brazos
Attn: Wm. Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Architect:
R.L. Payne, Jr., President
R.L. Payne & Associates, Inc.
1509 Emerald Parkway
Suite 104
College Station, Texas 77845
Ivol. A17
Page 11
15.03 No waiver by either party hereto of any term or condition of this Contract shall
be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
15.04 This Contract represents the entire and integrated agreement between the
County and the Architect and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Contract may only be amended by written
instrument approved and executed by the parties.
15.05 This Contract and all rights and obligations contained herein, may not be
assigned by the Contractor without the prior written approval of the County.
15.06 If any provision of this Contract shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a
court of competent jurisdiction finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it may become valid and enforceable,
then such provision shall be deemed to be written, construed, and enforced as so
limited.
15.07 The Architect and his or her employees must comply with all applicable federal
and state laws and with all applicable rules and regulations promulgated by local, state,
and national boards, bureaus, and agencies. The Architect must obtain all necessary
permits and licenses required.
15.08 The Architect acknowledges that he or she has read, understood, and intend to
be bound by the terms and conditions of this Contract.
15.09 This Contract will be effective when signed by the Architect and approved and
signed by Commissioner's Court.
15.10 Notice of Indemnification. County and Architect hereby acknowledge and agree
that this Contract contains certain indemnification obligations and covenants.
R.L. Payne & Associates, Inc. Brazos County
Architect: R.L. Payne, Jr., President
Signature:
Date: '=t F�QdttC,
Brazo County J ge: Duane ers
Signature:�n1 r
Date: dl
j Viii. "g 1,7 NU. X,' I Pase12
Exhibit "A"
Scope of Services
It is Brazos County's intent that the Architect will be involved for the full duration of the
design development, preparation of construction, bidding documents, and construction
administration of the Project.
The Following Letter, dated January 23, 2015 represents Architects Scope of Service
as well as those of the County's.
Exhibit "B"
Payment Terms
Compensation is based on an agreed fee, referenced in letter dated January 23,
2015. The County will reimburse the Architect for actual, non -salary expenses at the
Architect's actual costs with a not to exceed number of $45,400. Unless amended by a
duly authorized written change order, the total payment for all invoices on this job,
including both salary and non -salary expenses, shall not exceed the amount agreed
upon.
The Architect must submit monthly invoices to the County, accompanied by an
explanation of charges, professional fees, services, and expenses. Normal payment
terms are no later than thirty (30) calendar days after the Auditor's office receives the
invoice. Payments will be made after approval at a regular scheduled meeting of the
Brazos County Commissioner's Court. The Brazos County Commissioner's Court
normally meets every Tuesday of each month.
"age 16
Vol. �� Pr y
Exhibit "C"
PROFESSIONAL SERVICES INSURANCE REQUIREMENTS
Before commencing work, the successful firm shall be required, at his own expense, to
furnish Brazos County Purchasing Department with evidence showing insurance
coverage, meeting the minimum levels set forth below, to be in force throughout the
term of the contract:
The following listed Insurance Requirements are considered the "Minimum" for any
Contractor / Professional Service Provider to work on behalf of BRAZOS COUNTY
1) Commercial General Liability
General Liability with a minimum limit of $1,000,000 per occur
General Aggregate limit shall apply per project $2,000,000
Products - Comp /Ops Aggregate $1,000,000
Personal Injury & Adv. Liability $1,000,000
2) Automobile Liability
Owned /Non -Owned and Hired $1,000,000
3) Workers Compensation Coverage Statutory
& Employers Liability w /waiver of subrogation $1,000,000
4) Umbrella f Excess Liability $1,000,000
(Minimum)
5) Architect's Professional Liability (E & O) $1,000,000 (Minimum)
6) Additional Requirements:
a. Additional Insured: The General Liability and Umbrella/Excess Liability
Insurance Programs will be endorsed to add the following as Additional
Insured: Brazos County (ISO Policy Endorsements CG 20 10 or
equivalent).
b. Additional Insured: The Auto Liability Insurance Program will be
endorsed to add the following as Additional Insured: Brazos County
c. Waiver of Subrogation: All Insurance Programs including Professional
will be endorsed to provide a Waiver of Subrogation in favor of: Brazos
County.
d. Subcontractor's General Liability, Auto Liability and Umbrella/Excess
Liability Insurance Programs will be endorsed as "Primary" to that of the
General Contractor and Brazos County.
Vol. "fl7 p I Page 17
e. Subcontractor will be responsible for the "Same" Insurance Compliance
of other Contractors / Professional Services Providers hired by the
General Contractor.
f. All Insurance Programs are to be endorsed to provide a 30 -Day Notice
of Cancellation to the Certificate Holder.
g. Subcontractor's General Liability and Umbrella Insurance Program are
to be endorsed with the Aggregate Per Project Endorsement.
h. An "Original Certificate" of Insurance will evidence compliance with the
Insurance Requirements.
I. It will be the Subcontractor's responsibility to insure their owned or
rented tools and equipment required for this project.
j. Insurance Carrier's AM Best's Rated A -7 or better and licensed to do
business in the State of Texas.
Before commencing work, the successful firm shall be required, at his own expense, to
furnish Brazos County Purchasing Department with evidence showing insurance
coverage, meeting the minimum levels set forth below, to be in force throughout the
term of the contract:
Please state the limits of each policy you have in effect:
A. Architect's Professional Liability (E & O) with a minimum limit of $
1,000,000.
B. General Liability with a minimum limit of $1,000,000 per occurrence and
$2,000,000 general aggregate. General aggregate limit shall apply per
project.
C. Auto Liability with a combined limit of $1,000,000.
D. Statutory Worker's Compensation with waiver of subrogation.
All insurance shall be occurrence form only. The proof of insurance shall be made on
an Accord 25 form and the form shall have an original signature of an authorized
representative, not the agent. Description of operations shall include the name of the
project.
Brazos County is to be named as additional insured on Comprehensive Coverage.
The Architect agrees to indemnify, defend and hold harmless the County, it's
employees, and agents from and against any loss damage.
Each insurance policy to be furnished by the successful party shall include, by
endorsement to the policy, a statement that a notice shall be given to Brazos County by
certified mail thirty (30) days prior to cancellation or upon any material change in
coverage.
o 4 Page 18
, g. __ ;
The Contractor shall procure and maintain at its sole cost and expense for the duration
of
this Agreement insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, volunteers, employees or subcontractors. The
Contractor's insurance coverage shall be primary insurance with respect to the County,
its
officials, employees and volunteers. Any insurance or self- insurance maintained by the
County, its officials, employees or volunteers shall be considered in excess of the
Contractor's insurance and shall not contribute to it. Further, the Contractor shall
include
all subcontractors as additional insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors
shall be subject to all of the requirements stated herein. All Certificates of Insurance
and endorsements shall be furnished to the County's Representative and
approved
by the County before work commences.
GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES
a. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
b. Deductibles shall be listed on the Certificate of Insurance and are
acceptable only on a per occurrence basis for property damage only.
C. "Claims Made" policies will not be accepted.
d. Each insurance policy shall be endorsed to state that coverage shall not
be
suspended, voided, canceled, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to Brazos County.
e. Upon request, certified copies of all insurance policies shall be furnished
to Brazos County.
A. Definitions:
Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a
certificate of authority to self - insure issued by the Texas Worker's Compensation
Commission, or a coverage agreement )TWCC -81), TWCC -83, or TWCC -84),
showing statutory worker's compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's /person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ( "subcontractors" in section 406.096 (of
the Texas Labor Codel) - includes all persons or entities performing all or part of
the services the Contractor has undertaken to perform on the project, regardless
of whether that person has employees. This includes, without limitation,
n. Page 19
n /
independent Contractors, subcontractors, leasing companies, motor carriers,
owner- operators, employees of any such entity or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on the proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
that meets the statutory requirements of Texas Labor Code, Section 401.011
(44) for all employees of the Contractor providing services on the project, for the
duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. It the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file providing services on the
project, and certificates of coverage showing coverage for all person; and
(2) no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
F. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, or any change that materially affects the provision of coverage of
any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
The Contractor shag contractually require each person with whom it contracts to
provide services on a project, to:
Page 20
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreement, that meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of the
project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person know or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) -(g), with the certificates of coverage to be provided to
the person for whom they are providing services.
J. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier, or, in the case of a self - insured, with the commission's Division
of Self - insurance regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2. CERTIFICATES OF INSURANCE shall be prepared and executed by the
insurance company or its authorized agent, and shall contain the following
provisions and warranties:
Vol. �/7 P� %� Page 21
a. The company is licensed and admitted to do business in the State of
Texas.
b. The insurance policies provided by the insurance company are
underwritten on forms that have been provided by the Texas State Board
of Insurance or ISO.
C. All endorsements and insurance coverage according to requirements and
instructions contained herein.
d. The form of the notice of cancellation, termination, or change in coverage
provisions to Brazos County.
e. Original endorsements affecting coverage required by the section shall be
furnished with the certificates of insurance.
Brazos County is to be named as additional insured on Comprehensive Coverage.
The Architect agrees to indemnify, defend and hold harmless the County, its
employees, and agents from and against any loss damage.
Vol. '�/Z 17 pg. ±L Page 22
U
BID TABULATION 2015 -12
OIL & GAS LEASE
Halcon
Lease payment/
Track Description Acres I Royalty Year
1
3.934
25%
In the Crawford Barnett Survey Abstract # 7
2
0.0926
No Bid
In the Crawford Barnett Survey Abstract # 7
3
2.962
$0.25
In the Crawford Barnett Survey Abstract # 7
4
118.84
No Bid
Situated in the S.F. Austin League No. 9, A -62
5
50
No Bid
Situated in the Richard Carter League, A -8
Exeption: The lease will be for one (1) year instead of (2)
Recommendation: Halcon
0
4
V
d
Co missioner's u on this_ day of Y, 2015 by
u. is ' tg the position of f ;1717 Ci71611A (IL14 P
Vol. /% pg. 1�J�
pL � Og
* Y of B 2
Brazos County
Purchasing Department
200 S. TX AVE., SUITE 352 BRYAN, TX 77802
PHONE (979) 361 -4290 FAX (979) 361.4293
BRAZOSCOUNTY
BID/RFP/RFQ DOCUMENTATION SHEET
la
The Purchasing Department would like to request Commissioner's Court approval to advertise
and go out for Bid on the following:
DATE: February 11, 2015
BID NUMBER: 2015 -38
TITLE: Transportation of Deceased
REQUESTING DEPARTMENT:
APPROVAL SIGNATURE:
Road and Bridge
Duane Peters, County Judge
DATE APPROVED: zI l %/I.S
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: February 17, 2015
SUBJECT: Utility Permit — Wellborn Special Utility District
Consider and take action on the Wellborn S.U.D. utility permit to construct a road
bore for a 1 -inch water line crossing under N. Dowling Road 800 feet Southeast of
Hopes Creek Road. Line will provide service to customer. Site is located in Precinct
1.
SUBMITTED BY:
C:L� 0_k
_L
Darrell W. Kolwes
Right of Way Agent
This request
Duane Peters, County
APPROVED BY:
LloyA Wassermann
Commissioner Precinct 1
by Commissioners' Court
DATE: ;� l 11 120 157
Vol. 6247 Pg. %
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD
[company name], hereinafter referred to as "Company" a Texas
(state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate
a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
N. Dowling Road
80 ft.
X
X
Facility to Parallel County Road Within Right -Of -Way
Road Name and Block
Number From To Depth Distance
CONSTRUCTION TYPE
I" Diameter 0.10" Wall Thickness 2" Encasement Pipe
Material Specification
Maximum Operation Pressure 200 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60'h day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol. -0�7 pg.
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
lit the evert 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 assnanes all jinancial 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 denhonstrates 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 t tie, In the sole
discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply rvith any or all of the requirements as set forth herein, the Comity may take
stick action as It deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain t is penuit and/or noify the County Engineer's OfJlee within 24 hours of beginning construction
shall constitute groundsfor jab shutdovrr.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Wellborn SUD
Company Name
Stephen Cast
By:
Signature
Title
P.O. Box 250
Address
Wellborn Texas 77881
979- 690 -9799 State Zip
Phone Number
w8ud.sc@verizon .net /wsud.is @verizon.net
Email:
Vol. aZ /2 pg.
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated o2 — /b— t5 except as noted below:
EXCEPTIONS:
(Month/Day/Year)
Brazos County Engineer
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices (`BMP'7 (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,
pennittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not pemrittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a
danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County
Engineer.
C Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
�/7 �
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and
the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from
top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less
than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of -way).
Power— 0 -2 feet, nominally 1'
Phone — 2-4 feet, nominally 3'
Gas — 4-6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner
as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
8. Crossings under a county toad 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 ffthe annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints.
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 withoutprior approval fom 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;
Fol. - -���% Pg. �05
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 notjeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the damage and replacing the right-of-way to the condition it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a
performance bond or letter of credit seaming 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 Coups of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Eynergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used.
R Repairs to existingfacilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and /or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Company.
VOI.� Pg. G �'
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Two of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe
Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe
Greater than 10' No concrete pad required
Non -Cased Pipe
Less than 10' Must be covered with concrete pad at least 48 "deep
Non -Cased Pipe
Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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-- A
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: February 17, 2015
SUBJECT: Utility Permit — ETC Texas Pipeline, LTD
Consider and take action on the ETC Texas Pipeline, LTD utility permit to construct
a road bore a minimum depth of 10 feet under Elmo Weedon Road approximately
1,275 feet Northwest of Timberwilde Drive. Project will connect several oil wells in
the area. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
APPROVED BY:
This request is !P'J APPROVED / ❑ D ED by Commissioners' Court
Duane Peters, County Judge
DATE:
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now ETC Texas R•ralrvse, Lro [company name], hereinafter referred to as
"Company" a Tetras [stale] Corporation, with authority to transact business in Texas, acting by and
through its duty authorized representative, and hereby petitions the County Engineer for the right to lay, construct,
maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Cresshi
TYPE Of CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
Wa y WOCCAlan R
f
X
Facility to Parallel County Road within Right-Of-Way
CONSTRUCTION TYPE
24 .Diameter 8,50$ 0 wall Thickness ® High Pressure Underground ❑ Low Pressure Underground
Pipeline (60 psi or greater Pipeline (60 psi operating
Material SpecificationSt:111-61 RIC- CAW. AP15L,K70rAlto operating pressure) pressure)
Minimum Yield Strength 30,000 ros
Maximum Operation Pressure f,4t PS
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 Avork within 12 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 601h day, Company will be required to apply for a now permit.
Company declares that prior to tiling this application, it has ascertained the location of all existing utilities, both aerial and
underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with
any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public
property pursuant to this permit shall not operate to create or vest any property right in said holder,
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,
title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and
indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising
in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Vol. 2 �% ;7g, fD
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.
6n the event Company fails to obtain a permit prior to the lustallation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assianes all fnnrnnclal responsibility for
damages and/or destruction of lines, cables, etc. baser/ upon its failure to comply nvith Brazos County requirements.
Applicant agrees that tf Brazos County denrornstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos Comely is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This penult is it revocable perruit. 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 fm• failure to repair any tlarrages upon
demand, or for any other reasair deemed sufficient by Brazos County.
rut the event Contpony fails to comply with any or all of the requirements as set forth herein, the County nay take such
action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this
Permit by verbal notification to the Applicant /Company.
Fallure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shaft constitute groranis for job sluddovn.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to
the conditions /provisions included in this permit.
51c. Texas
Company Name
Steve W, Mor,A
jestr' +r Orr TOY45 ?iAjtwt LTo
1908 N Laurer<tr Sude 14\5
Address
Vfcferiot fX �7401_-
City State Zip
118-344^ DDS-7 -
Phone Number
w4inMan Sl @ y ah ao, corn
Email:
Vol. =-Z/—/
PIPELINE UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated d-3—i5 except as noted below:
(Month/DayNear)
EXCEPTIONS: A-
V-1 �c
W. L
ftA,r Brazos County Engineer
°g. //� -
2,0 s ?a 4 0 EXHIBIT "A"
PLAN AND PROFILE OF A PROPOSED
PIPELINE UNDERCROSSING ELMO WEEDEN RD.
BRAZOS COUNTY, TEXAS
IPOINTI NORTHING I EASTING LATITUDE LONGITUDE
10236945,10 3585033.78 •98'12'04.5 I 30'41'26A2"
\'r VBR- 010.050 }/
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+� GARRYSINGUEFIELD
VBR- 019.000
TRACY R. PETERS
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VBR -021.000
MELISSA ANNETTE 8
SUSAN MARIE NAIBERT
January 13, 2013 STL, 24'_508 WT, HF•ERW, AP15L, X70, ARO
colmowNS,RP.ta H.ewD DATE PROFILE
x01E9 SWiWYEDONTXEGROINk NDVGA14Gg44MIH
HORIZONTAL: 1" =Q0' VERTICAL: 1° = 20' Tot D.u.wRUrcx,P.E. xD.TEwx w.re
1. THEPRGFED DURING A MELD RS CEY.WDE O THEGEGYLY UNDER x0R6DNNUISI RTDLANO OIDBALP0.51TI0110FTNR PPEl1NE C110451NG.AE EN TTRANSFER I , S-
OEMWI 7ODIIWNGARftO SURVE"HBO ON THE °gODNSHOM NYS°PEBN910NANDV9WOCS NNEMANSRRIROVIOEOD IS MADE THIS pIpE SPEGIFIG 10!
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OF THE NORM NAERICNI DATUM 190 INADIX REAUMTNIN VII, EPOCH Mt°B%, W D.S. SURVEY FEET. ELEVATION INFORMATWN BHdNN HEREON 1E MEN. TEST PRESSURE =1.851 PS.I.
SRSEOtPONMENDRTNASIENCAV VERi1DLpANA 1990INAWSO). WH GEOID VIYAAPPt1EDTO GPS ONERVAT"S.
1 PVEWE SPFCIMCAl10NS AND OMSTROCMM REOUIREMENiS SHOWN HEREON NAVE BEEN DETERU.IMEO BY THE PROFESSIONAL ENGIA£FR 1HE MIN. VIM STRENGTH +10,000 P.S.I.
COMRACTORSILLLLADHERETOTHESPEOn (I MWE PROVIDEDHEREIHUIM1ESSWPRWALLSGRANTED PRIM TOCONSIRWI-
IN , A 7 IN FR SG CONS . OPEN RANGE DL P SERNCES LLC PROJECT N0.
VOLUNTEER 24" PIPELINE 1" = 40' 2015 N K. GE ER, FIELD SP Tx TFDes
RLENUMBER GDD FlIENAUE DRAWN DATE FEN NWBHL F- ' °'°' ° °' 445000000680/ORFS40002
u/A DDD_MOngl1 AVIV I -ta -15 D9]b�W- I��G`aR1FC0e
REV. N0. - DESCRIPTION 01' GATE APR PREUOUS DWG. NO.
ETC TEXAS PIPELINE, LTD
SHE °F -
I�V VBR- 020.000 0
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VBR -021.000
MELISSA ANNETTE 8
SUSAN MARIE NAIBERT
January 13, 2013 STL, 24'_508 WT, HF•ERW, AP15L, X70, ARO
colmowNS,RP.ta H.ewD DATE PROFILE
x01E9 SWiWYEDONTXEGROINk NDVGA14Gg44MIH
HORIZONTAL: 1" =Q0' VERTICAL: 1° = 20' Tot D.u.wRUrcx,P.E. xD.TEwx w.re
1. THEPRGFED DURING A MELD RS CEY.WDE O THEGEGYLY UNDER x0R6DNNUISI RTDLANO OIDBALP0.51TI0110FTNR PPEl1NE C110451NG.AE EN TTRANSFER I , S-
OEMWI 7ODIIWNGARftO SURVE"HBO ON THE °gODNSHOM NYS°PEBN910NANDV9WOCS NNEMANSRRIROVIOEOD IS MADE THIS pIpE SPEGIFIG 10!
PURPOSE OION 1E ISI DD° TO THOSE TINTE.9 OH EA BOO EHQAM ON . FACE OF THIS EMNIOIT. 18 NDN TRANBFERMBIE AND 19 ELIDE FM THIS
Puno °u oMY.TIIIS DODMRFRIFNDTI IESTDBEABOUxDMTSVRYEY, DE310N PRESSURE -1.1,10 P.S.I.
2 ALL-- U"HU.9,O13rPJlCEB ANO CCORORVATE49fbWN HEREON ANEGN0. RA5E °OPON THI LEAS HTAIE PtANECOORD1NAlE SYSTEM. fENIRAt ONI MAO.P. •16EO P.S.I.
OF THE NORM NAERICNI DATUM 190 INADIX REAUMTNIN VII, EPOCH Mt°B%, W D.S. SURVEY FEET. ELEVATION INFORMATWN BHdNN HEREON 1E MEN. TEST PRESSURE =1.851 PS.I.
SRSEOtPONMENDRTNASIENCAV VERi1DLpANA 1990INAWSO). WH GEOID VIYAAPPt1EDTO GPS ONERVAT"S.
1 PVEWE SPFCIMCAl10NS AND OMSTROCMM REOUIREMENiS SHOWN HEREON NAVE BEEN DETERU.IMEO BY THE PROFESSIONAL ENGIA£FR 1HE MIN. VIM STRENGTH +10,000 P.S.I.
COMRACTORSILLLLADHERETOTHESPEOn (I MWE PROVIDEDHEREIHUIM1ESSWPRWALLSGRANTED PRIM TOCONSIRWI-
IN , A 7 IN FR SG CONS . OPEN RANGE DL P SERNCES LLC PROJECT N0.
VOLUNTEER 24" PIPELINE 1" = 40' 2015 N K. GE ER, FIELD SP Tx TFDes
RLENUMBER GDD FlIENAUE DRAWN DATE FEN NWBHL F- ' °'°' ° °' 445000000680/ORFS40002
u/A DDD_MOngl1 AVIV I -ta -15 D9]b�W- I��G`aR1FC0e
REV. N0. - DESCRIPTION 01' GATE APR PREUOUS DWG. NO.
ETC TEXAS PIPELINE, LTD
SHE °F -
I�V VBR- 020.000 0
SHIT. I OF I
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VICINITY MAP .
ETC TEXAS PIPELINE, LTD
Vol. Orl% Pg.
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H
ENERGY TRANSFER
FIELD OFFICE:
ETC Texas Pipeline, LTD
1908 N Laurent, Suite 145
Victoria, Texas 77901
(361) 572 -3138 Office
(361) 572 -3151 Fax
February 3, 2015
Brazos County Road & Bridge Department
Alan Munger, County Engineer
2617 Hwy 21 West
Bryan, TX 77803
RE: ETC Texas Pipeline, LTD
Volunteer 24" Pipeline Project
Dear sir:
ETC Texas Pipeline, LTD intends to construct a 24" steel pipeline for the transmission of gas starting in the area of Weedon
Loop and exiting the County to the east across the Navasota River into Grimes County. In this regard and with specific
attention to road crossing permitting, the Company states the following:
The Company 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, including Section H. of
said standards.
For the benefit of clarity, the above cited standards are also referred to as the BRAZOS COUNTY ROADWAY SAFETY
AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHT OF WAY.
Further, the Company also assures that the installation material and design meet minimum Federal Safety Standards for
Liquid & Gas Pipelines.
If there are any questions, please contact me at 918 - 344 -0087
Sincerely, 7/
eve W. Monn
pperIme Energy Partriers, LLC
Contract Agent
Representing ETC Texas Pipeline, LTD
Vol. �/7 P9. -/�6
24" Volunteer Pipeline
Barlow's Formula
tmtn — 2•Sdr.F•T per 49 CFR 192.105
Where:
12/22/2014
Tn,i„ =wall thickness required (inches)
D = Outside diameter of pipe (inches)
P = Internal Design Pressure (psi)
S = Yield strength of pipe (psi)
F = Design Factor
E = Seam Joint Factor
T = Temperature Factor
24" Volunteer Pipeline Road Crossings:
D =24in
P = 1440 psig (MAOP)
S = 70,000 psig
F = 0.6 (Class 1 location road crossing)
E =1(ERW API 5L per 192.113)
T =1 (Operating Temperature <250 °F per 192.115)
Class Location= I
Therefore:
tm;n =.412 in (minimal required pipe wall thickness)
tge,,,gi =.508 in (actual pipe wall thickness utilized)
tachial> to 1n
Engineer's Seal
EngVeers Sign ure Date/
ZU -7/v 0'/2
Vol.
Barlow calculation
24" Volunteer Pipeline
CARRIER PIPE
CASING PIPE
1.
Diameter
24"
1. Diameter
t
N/A
2.
Wall Thickness
0.508"
2. Wall Thickness
NLA
3.
Material Specification
AN SL
3. Material Specification
L
4.
Minimum Yield Strength
70.000 osl
4. Minimum Yield Strength
NIA
S.
Design Pressure
1440 osie
The pipeline material and design must meet the minimum Federal Safety Standards for transportation of
gas by pipelines, Code of Federal Regulations — Part 192 Subpart C— Pipe Deslgn
P= 2sst x E x F x T (per CFR 192.105)
Where: P = design pressure (psig)
S = yield strength (psi)
I
t = nominal wall thickness (in)
D = nominal outside diameter of the pipe (in)
F = design factor ( =0.60 for Class I Category per CFR 192.111(b)(2))
E = seam joint factor ( =1.0 for electric resistance weld per CFR 192.113)
T = temperature Factor ( =1.o per CFR 192.115)
2 x 70,000 x 0.508 in lb
P— 24 tn� in x1.0x0.6x1.0= 1,778in2
Ib lb
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Engineer's Seal
EnglnaeR Slqnftu Date
7G 0,
,2 12�.= 311 y
Vol. P9• //�
To: Brazos County Road & Bridge Department
Re: ETC Texas Pipeline, LTD.
Volunteer 24" Pipeline
Crossings of Brazos County Roads
1. Elmo Weedon Road
2. Long Trussel Road
This project will use impressed current cathodic protection on the pipeline.
Steve W. Monn
Contract Agent
Representing ETC Texas Pipeline, LTD
918 -344 -0087
ETC Texas Pipeline, Ltd
;— 1300 Main St.
ENERGY TRANSFER Houston, TX 77002
Phone No. (713) 989 -2000
February 4, 2015
Brazos County Road & Bridge Department
Alan Munger, County Engineer
2617 Hwy 21 West
Bryan, TX 77803
RE: Application for Pipeline Public Road Crossing Permits
To Whom It May Concern:
This letter concerns Mr. Steve Monn's authority to execute any and all applications for pipeline
public road crossing permits and associated application attachments.
By my signature below as Vice - President, Land & Right -of -Way, of LG PL, LLC, general
partner of ETC Texas Pipeline Ltd., I hereby authorize Mr. Monn to execute any and all
applications for pipeline public road crossing permits and associated application attachments in
Brazos County, Texas regarding the Volunteer pipeline project.
Please feel free to contact me at (713) 989 -2864 should you have any questions.
Sincerel
w
Robert se
Vice - resident, Land & Right -of -Way
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 4 +�. day of February,
2015, by Robert Rose, Vice - President of LG PL, LLC, general partner of ETC Texas Pipeline,
Ltd, as the act and deed of said limited partnership.
daS' ?m+wa D=BOUDAR R NotarTexas Notary Public in a nd for the State of Texas
'L.y My ires ,,, ?p�;iiii „. N5
P9._ /��
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Regntrenrenls
I. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs)
to minitnize 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 Comity 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. Safely 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
I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any constriction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control
measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the
pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Seclion 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 tap of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top
of bank to top of bank;
c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall
be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated
locations based upon the type of utility, The locations shall be as follows: (measured from back of right -of -way).
Power -0 -2 feet, nominally t'
Phone — 24 feet, nominally 3'
Gas -4 -6 feet, nominally 5'
Cable — 6 -8 tees, 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 leis
open over night or unattended.
8. Crossings under a county road shall:
It. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
C. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b, all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
C. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;
e, based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
Vol. — - ?�g.-ZI �--.
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 pemnits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the
event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be
responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing
construction.
12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road
will not be pennitted, except in an instance whereby the laying, construction, maintenance and/or repair of
cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut orjeopardize
any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance
bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County
Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
I. In the event Company is required to perform emergency services, that requires excavation in a County Right of
Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify
County Engineer within 24 hours of beginning construction repairs. This will allow the County Engineer's
Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety
controls used.
F. Repairs to existing facilitles
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.
C. Relocation of rrtilities.
1. When and if the County Engineer determines that it is necessary for the constriction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Tyne of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas
lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. _ l %
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BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: February 17, 2015
SUBJECT: Utility Permit — ETC Texas Pipeline, LTD
Consider and take action on the ETC Texas Pipeline, LTD utility permit to construct
a road bore a minimum depth of 10 feet under Long Trussel Road approximately
2,250 feet Southeast of Cobb Road. Project will connect several oil wells in the area.
Site is located in Precinct 2.
SUBMITTED BY:
�ffw .�
Darrell W. Kolwes
Right of Way Agent
This request is
/ 11
Duane Peters, County
APPROVED BY:
y C er
Co loner Precinct 2
DATE: 2 / 1-7.12O16
Commissioners' Court
�',/7 /2�
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now ETC T<-YaS ft�krt.,LTD [company mmne], hereinafter referred to as
"Company" a Texas [stale] Corporation, with authority to transact business in Texas, acting by and
through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct,
maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Lcngth of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
Lvn4 TEuritstl lkie—d
56 Ff
X
Facility to Parallel County Road W 'thin Right- Of-Rray
CONSTRUCTION TYPE
14" Diameter 0,508° Well Thickness H High Pressure Underground ❑ Low Pressure Underground
Pipeline (60 psi or greater Pipeline (60 psi operating
Material Specification -r+W, HF— ERW, AfI 5Lr T'f0, ARO operating pressure) pressure)
Minimum Yield Strength '70,o00
Maximum Operation Pressure 4rr.a
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 Avork within 123 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60rh day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and
underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with
any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public
property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,
title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and
indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising
in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Vol. — Pg. e2 %
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.
fit the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance Will
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility far
danuges onrUor destruction of litres, cables, etc, based upon its fadhire 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 n revocable permit. Brazos County reserves the right to revoke this permit at any tine, in file sole
discretion of Brazos Co nty, for interests of public health, safety or welfare, or for failure to repair any tlonages upon
dermmd, or for any other reason rleerned sufficient by Brazos County.
In the event Conipauy fails to comply with any or all of the requirements as set forth herein, the County cony take stick
action as It deems appropriate to compel compliance. The Canty Enghreer further retains the right to revoke this
Permit by verbal notification to the Applieont/Cornpany.
Failure to obtain this permit ouUor notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that i am authorized to represent the Company listed below, and that the Company agrees to
the conditions/provisions included in this permit.
ETC Teytas Prj�eft„z, LTo
Company Name
$teat NI. Movsn
Sign t 'e
tiivact AV t et. rese• f a Ert Texas RrAr.e, t_ro
Title
I9oa N. Lcmi ent, Sui +e H-5
Address
yieforiA TK 71401
City State Zip
918 -341h— ohs S'1
Phone Number
wai nr,,an51 dal ya6no. cone
Email:
Vol �1 p9.__�,2 C%
i
PIPELINE UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated 61— 14-- 1-�- except as noted below:
(Month/DayNcar)
EXCEPTIONS: ^
Y`law`
Vol.__ I17 pg. /��
?° 10 0 10 ?° EXHIBIT "A"
r+07. PLAN AND PROFILE OF A PROPOSED
`baeyFsss, PIPELINE UNDERCROSSING LONG TRUSSEL ROAD
'po �r �? BRAZOS COUNTY, TEXAS
�s
9�cc °6y. IPOINTI NORTHING I FASTING I LATITUDE LONGITUDE
Ti0 10261941.69 3598543.70 30 °43'33.419°6" 96 °11'41.69091"
�O
T
I�VBR•034.000 I %
DAN JARVIS ESTATE 'KI
VBR- 036.000 &
VBR- 039.000
GEARL RAYMOND RASCO
January 13 2013
cool NB, RP.LS.No.MW DAN
6UgVEYEO ON 111E CPOI W O:OELFNBEB f 0, ]S N
VOLUNTEER 24' PIPELINE I
FlLENUMUER CADD FILENAME
NIA VBR- 035.000
REV. NO. - DESCRIPODN BY I DATE
STL, 24",.508 WT, HF -ERW, AP15L, X70, ARO
1oa /0 �oL
PROFILE
W
HORIZONTAL: 1" = 20' VERTICAL: 1" =10'
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RESSU E
MK ITI' TEST PRESSURE
S SIM M HEEREOHW I LIVE BEEN DE]ERIBMEO BYI EPIROPE95Ma EEINEMM1 TIE
Mft MELD
270
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00
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265
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260
s
701'�
VBR- 036.000 &
VBR- 039.000
GEARL RAYMOND RASCO
January 13 2013
cool NB, RP.LS.No.MW DAN
6UgVEYEO ON 111E CPOI W O:OELFNBEB f 0, ]S N
VOLUNTEER 24' PIPELINE I
FlLENUMUER CADD FILENAME
NIA VBR- 035.000
REV. NO. - DESCRIPODN BY I DATE
STL, 24",.508 WT, HF -ERW, AP15L, X70, ARO
1oa /0 �oL
PROFILE
HORIZONTAL: 1" = 20' VERTICAL: 1" =10'
�1
TO THE HMD oWA4 VENTN.1'LANOOLOB.LLPOSIRON W THIS PIPELWECROBSIMi,
O.M60rlYm."
TPAN9FlP
NO MOM LN SYPENNSION MD USWO MCU DCATON PPOVOED BY THE CLIEM.
SSIIOHNONTHEPAMWTWS9 BR.ISNONT"PNSfERR.u1 ISMMEEOR
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DESIGN PRESSURE
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RESSU E
MK ITI' TEST PRESSURE
S SIM M HEEREOHW I LIVE BEEN DE]ERIBMEO BYI EPIROPE95Ma EEINEMM1 TIE
Mft MELD
05 �
PREVIOUS OWG. NO.
ETC TEXAS PIPELINE, LTD DW . NO. °F
VBR- 035.000
SHT. I OF 1
Vol. 02 Pg. /20
VICINITY MAP
ETC TEXAS PIPELINE, LTD
Vol. :2 pg. /-j/�l
leg,
1 17
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1 17
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ENERGY TRANSFER
FIELD OFFICE:
ETC Texas Pipeline, LTD
1908 N Laurent, Suite 145
Victoria, Texas 77901
(361) 572 -3138 Office
(361) 572 -3151 Fax
February 3, 2015
Brazos County Road & Bridge Department
Alan Munger, County Engineer
2617 Hwy 21 West
Bryan, TX 77803
RE: ETC Texas Pipeline, LTD
Volunteer 24" Pipeline Project
Dear sir:
ETC Texas Pipeline, LTD intends to construct a 24" steel pipeline for the transmission of gas starting in the area of Weedon
Loop and exiting the County to the east across the Navasota River into Grimes County. In this regard and with specific
attention to road crossing permitting, the Company states the following:
The Company 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, including Section H. of
said standards.
For the benefit of clarity, the above cited standards are also referred to as the BRAZOS COUNTY ROADWAY SAFETY
AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHT OF WAY.
Further, the Company also assures that the installation material and design meet minimum Federal Safety Standards for
Liquid & Gas Pipelines.
If there are any questions, please contact me at 918- 344 -0087
Sincerely,
te; W. Monn
Upperline Energy Partners, LLC
Contract Agent
Representing ETC Texas Pipeline, LTD
E l pg.. ,��
24" Volunteer Pipeline
Barlow's Formula
tmhl = 2s-r• -Ea Per 49 CFR 192.105
Where:
12/22/2014
Tn,ie =wall thickness required (inches)
D = Outside diameter of pipe (inches)
P = Internal Design Pressure (psi)
S = Yield strength of pipe (psi)
F =Design Factor
E = Seam Joint Factor
T = Temperature Factor
24" Volunteer Pipeline Road Crossings:
D =24 in
P =1440 psig (MAOP)
S = 70,000 psig
F = 0.6 (Class I location road crossing)
E =1(ERW API 5L per 192.113)
T =1 (Operating Temperature <250OF per 192.115)
Class Location = l
Therefore:
t,e;g =.412 in (minimal requh•ed pipe wall thickness)
tagt,,,i =.508 in (actual pipe wall thickness utilized)
tachlal> t il
Engineer's Seal
X
Engheees Slgn ure Date
zd 760J/2 1,2/.,2 3////
Vol. - ox— Pg. �
Barlow Calculation
24" Volunteer Pipeline
CARRIER PIPE
1. Diameter
24"
2. Wall Thickness
0.508"
3. Material Specification
AN SL
4. Minimum Yield Strength
70.000 psi
5. Design Pressure
1440 osie
CASING PIPE
1. Diameter N/A
2. Wall Thickness N/A
3. Material Specification L
4. Minimum Yield Strength WA
The pipeline material and design must meet the minimum Federal Safety Standards for transportation of
gas by pipelines, Code of Federal Regulations— Part 192 Subpart C — Pipe Design
P= zst x E x F XT (per CFR 192.105)
Where: P = design pressure (psig)
9 = yield strength (psi)
t = nominal wall thickness (in)
D = nominal outside diameter of the pipe (in)
F = design factor ( =0.60 for Class I Category per CFR 192.111(b)(2))
E = seam joint factor ( =1.0 for electric resistance weld per CFR 192.113)
T = temperature Factor ( =1.0 per CFR 192.115)
2 x 70,000 x 0.508 in lb
P= 'a x1.0x0.6x1.0= 1,7787—
24 in
III lb
Pmlculated = 1,778 inz > Pactunl = 11440 in2
Engineer's Seal
egmeers Sig re Date
d7aoyz 121A 311y
Vo(. -- �7 pg. IJ-5-
To: Brazos County Road & Bridge Department
Re: ETC Texas Pipeline, LTD.
Volunteer 24" Pipeline
Crossings of Brazos County Roads
1. Elmo Weedon Road
2. Long Trussel Road
This project will use impressed current cathodic protection on the pipeline
Steve W. Monn
Contract Agent
Representing ETC Texas Pipeline, LTD
918 -344 -0087
Vol. O- /z
ENERGY TRANSFER
February 4, 2015
Brazos County Road & Bridge Department
Alan Munger, County Engineer
2617 Hwy 21 West
Bryan, TX 77803
RE: Application for Pipeline Public Road Crossing Permits
To Whom It May Concern:
ETC Texas Pipeline, Ltd
1300 Main St.
Houston, TX 77002
Phone No. (713) 989 -2000
This letter concerns Mr. Steve Monn's authority to execute any and all applications for pipeline
public road crossing permits and associated application attachments.
By my signature below as Vice - President, Land & Right -of -Way, of LG PL, LLC, general
partner of ETC Texas Pipeline Ltd., I hereby authorize Mr. Monn to execute any and all
applications for pipeline public road crossing permits and associated application attachments in
Brazos County, Texas regarding the Volunteer pipeline project.
Please feel free to contact me at (713) 989 -2864 should you have any questions.
w
Land & Right -of -Way
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the �� day of February,
2015, by Robert Rose, Vice - President of LG PL, LLC, general partner of ETC Texas Pipeline,
Ltd, as the act and deed of said limited partnership.
DEBORAH K. BOUDAR
Notary Public, State of Texas
3 My Commission Expires
November 07, 2015
_ Ci . l
Notary Public in and for the State of Texas
/, r'''s L g/
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Regatrenrents
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. 'fire 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 Regnlrenrents
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 Plait
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control
measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job. �/
Vol �/ pg. /,3�
D. Design Standards
I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the
pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths— utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top
of bank to top of bank;
c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in lights of way of
less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall
be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated
locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way).
Power -0 -2 feet, nominally P
Phone -2-4 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less then 60 feet right -of -way in all new developments shall install the utility in a similar manner as
referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left
open over night or unattended.
8. Crossings under a county road shall:
a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing ifthe annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
C. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling andjoints.
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 homy, 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 pens its;
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 time
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 time condition it was prior to commencing
construction.
12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of
cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut orjeopardize
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. Entergeney work
I. in the event Company is required to perform emergency services, that requires excavation in a County Right of
Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify
County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's
Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety
controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and/or repair have been approved by the County
Engineer or its designated representative and a permit has been obtained.
C. Relocation of ntiliNes:
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.
7
FO I.
H. High Pressure Pipelines
I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a'pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas
lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer,
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Investigate Number: 1412C26183 Map Number: 228.384
RIGHT OF WAY EASEMENT
STATE OF TEXAS)
COUNTY OF BRAZOS) KNOW ALL MEN BY THESE PRESENTS
That Brazos County, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as
"Bryan Texas Utilities" ( "BTU ") and to its successors and assigns, an easement and right -of -way upon, under, over, and
across property awned by Grantor and located in the County of Brazos , State of Texas, which property (the "Property") is
described as follows:
fDescnbe only the part or Grantor's Property covered by this easement)
BEING called a tract of land consisting of 18.84 acres, Brazos County Public Works Center, Block 1, Lot 1.
Being more particularly described in volume 1019 and page 227 of the Official Deed Records of Brazos County,
Texas.
(herein the "Property')
BEGINNING and ending as shown on the attached Exhibit "A ".
The width of this easement hereby granted is described as follows: A 20' wide electric and guy wire easement as
shown on the attached Exhibit "A ".
(herein the "Easement ")
The Easement Area granted by this instrument (the "Easement") Is subject to the following conditions:
1. BTU has the right to Install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair,
remove and replace Utility Fadlities upon, over, under, and across the Property included in the Easement and to remove
Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement
for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall Include a variable of number
of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers,
structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy
and /or communication.
2. BTU has the right to trim and /or remove, from the Easement, without payment due to Grantor, all trees, branches,
underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the
Utility Facilities on the Property on which the Easement Is located.
3. The Grantor covenants for itself, his or her personal representatives, executors, and /or successors and assigns, not to
place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the
Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes
set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways,
allays, walks, gardens, lawns, plantings or park areas and any other like uses.
4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement It receives under the
Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns.
5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the
rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed.
6. Grantor binds Grantor and Grantors heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and
singular, the rights and premises granted to BTU by this instrument.
7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the
unqualified right to grant the privileges contained herein.
Page I of 2
Vol. Pg. f1=—
Investigate Number: 1412C26183
WHEREOF, the Grantors execute this instrument this
Map Number: 228 -384
day of
STATE OF fiPXQS
COUNTY OF 7
Before me, the undersigned authority, on this day personally appeared Wont PP,'1fr-5 whose name is
subscribed to the foregoing instrument and acknowledged tome that executed the same for the purposes and
cons eratfo Therein expressed Given under my hand and seal of office this 1?" day of.V =D 2015.
,� ......4
................. .........qqy
f ",• ?T� Bethany EdcsUom
Notary Public
Notary Public/ State of STATE OF TEXAS
e �N4T My Comm. Exp. 15
IN WITNESS WHEREOF, the Grantors execute thia instrument this •° ^ °••• ............. ••° i
AD 2015.
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared whose name is
subscribed to the foregoing instrument and acknowledged tome that executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this— day of , AD 2015.
Notary Public/ Stale of
IN WITNESS WHEREOF, the Grantors execute this instrument this
AD 2015.
day of
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared whose name is
subscribed to the foregoing Instrument and acknowledged to me that executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2015,
Notary Publid State of
IN WITNESS WHEREOF, the Grantors execute this instrument this
. AD 2015.
day of
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared whose name is
subscribed to the foregoing Instrument and acknowledged tome that executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2015.
Notary Public/ State of
Page 2 oft
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iR)
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR
NO. 14/15 20.1— 20.4
On this the 17th day of February 2015 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 17th day of February 2015 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 17th day of February 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 -20.1
2n7renIS
V . Pg. z!f-
ACCOUNTNAME
Km
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';361st District Court
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Reallocation of funds to cover for a sub-court reporter.
V . Pg. z!f-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 20.2
FV071 02 p9- -y- _.
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 14/15 - 20.3
Vol. —9-1-7— pg.,/ 7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115.20.4
2/17/2015
ACCOUNT NAME
Health :
Building Improvanents
PLeallocation of funds for amhitectuml work o be completed .
Vol. �2� % Fc�• �—�
_ . _.. -.. _. - PERSONNEL - . _ - _ _ I R_ —
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 17, 2015
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
Collections Charanza, Lori Trans Win Dept
Patranella, Katie Resignation
County Attorney
Records Management
Tax Office
Approved in Commissioners'
Willis, Cynthia
Barnes, Kevin
Pledger, Naomi
Caldwell, Michelle
Jordy, Janet
Wilkins, Vicki
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
New Hire
New Hire
New Hire
New Hire
Resignation
Step Increase
-- i
GENERAL COMPROMISE, RELEASE AND SETTLEMENT
AGREEMENT
STATE OF TEXAS
COUNTY OF BRAZOS
WHEREAS, Chadd Hudson Moore ( "CLAIMANT ") asserts claims against the City of
College Station, Texas ("CITY'), and Brazos County, Texas ( "COUNTY "), including but not
limited to false arrest, false imprisonment, assault, battery, and destruction of evidence related to
an incident occurring on or about June 29, 2013, in which CLAIMANT was arrested in College
Station and in which CLAIMANT further asserts that he was unlawfully detained, physically
assaulted and ultimately arrested on unsubstantiated charges; and
WHEREAS, CLAIMANT asserts that such alleged arrest and assault ultimately resulted
in costs to the CLAIMANT including but not limited to costs for dental work, bail, and legal fees
(the "claims'); and
WHEREAS, the parties acknowledge that this settlement does not constitute an admission
of liability by the CITY and COUNTY, such liability being expressly denied; and
WHEREAS CITY and COUNTY wish to settle the claims identified above.
I. CLAIMAN'T'S RELEASE OF CLAIMS AGAINST CITY AND COUNTY
NOW THEREFORE, in exchange for Twenty-Three Thousand, One Hundred Dollars
($23,100.00), CLAIMANT does hereby knowingly, voluntarily, irrevocably and unconditionally
release, remise, acquit, and forever discharge CITY and COUNTY and any of its agents,
employees, attorneys, insurers, representatives, successors, or assigns who could have been
brought into a lawsuit, or who could have an interest in the outcome of the Claim, or that might in
any manner be liable to CLAIMANT for any and all claims and causes of action that do or might
exist between CLAIMANT and CITY and COUNTY, including any claim for damages, losses,
rights to compensation, costs, expenses, fees, attorneys' fees, claims, demands, actions, causes of
action, suits in law or equity of whatsoever kind or nature, including but not limited to
administrative review, and declaratory judgment, for damages or any type of relief, under common
law, federal and state constitutional and statutory law, administrative regulation, or otherwise,
known or unknown, direct or derivative, existing or known to exist, whether or not declared upon
in this Claim, that could be filed in any court or administrative agency, arising out of the underlying
facts alleged in the pleadings on file in this case, up to the date of this Agreement.
The above settlement amount of $23,100.00 will be paid as follows: $11,550.00 will be
tendered by CITY to CLAIMANT payable to " Chadd Hudson Moore ", and $11,550.00 will be
0:13 DBPAIiTMEN7YCay Manager17014 File Packing19.19.14 CAaddHadmn Moore Claim Settlemew &tttement and Release Agreement
Final 011415.dou
tendered by COUNTY to CLAIMANT payable to "Chadd Hudson Moore."
By his signature below, CLAIMANT hereby acknowledges that the consideration set forth
in this section of this Agreement constitutes final, full and complete satisfaction, settlement and
discharge of any and all liability whatsoever on behalf of CITY and COUNTY by reason of any
manner, cause or thing in any way connected with or arising out of the underlying facts alleged in
the claims to the date of this Agreement.
H. INDEMNIFICATION
If CLAIMANT files any claim released in this Agreement, including but not limited to
filing a lawsuit alleging one of the released claims against the CITY and COUNTY, CLAIMANT
agrees to indemnify and to hold harmless CITY and COUNTY for all costs, damages, liabilities,
expenses, and attorneys' fees incurred as a result of responding to and/or otherwise defending
against the claim(s).
III. NO ADMISSION OF LIABILITY
This settlement shall not be interpreted as an admission of liability on the part of the CITY
and COUNTY or any other affiliated person, firm, association or corporation; provided, however,
that the CITY and COUNTY recognize that certain officers may have acted improperly and have
been disciplined accordingly, and that corrective actions have been taken to prevent such acts from
being repeated.
IV. CONSIDERATION IS FULL SATISFACTION
By signing below, CLAIMANT avers that he understands and agrees that the consideration
set forth in this Agreement is in full satisfaction for all alleged damages attributable to CITY and
COUNTY allegedly sustained by CLAIMANT arising out of the aforementioned factual
allegations. All parties acknowledge and understand that there will be no further consideration
paid by or on behalf of CITY and COUNTY for any alleged damages arising out of the
aforementioned claims or which could have been brought in the legal proceedings identified above.
V. COMPLETE AGREEMENT EXPRESSED HEREIN
IT IS FURTHER AGREED that the monetary and other consideration set forth in this
Agreement constitutes the full consideration for this Release, that said consideration stated herein
is contractual and not a mere recital, that all agreements and understandings of all parties are
embodied and expressed in this Agreement, and no representation of any kind, other than as recited
herein, has been made to CLAIMANT with respect to this settlement by CITY and COUNTY or
any other person, firm, association or corporation on behalf of CITY and COUNTY.
O. U DEPARTMEMICity Mamtger11014 File 7YacMng19.19.14 Chaddifudron Moore Claim SettlemmilSettlement and Release Agreement
Find Of 1415.doax
�/ 7 11 /S3
VI. MISCELLANEOUS
1. This Settlement and Release is severable, and if one or more of the provisions contained in this
Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect any of the remaining provisions, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. This Agreement shall be binding on the parties and their successors in interest,
heirs, and assigns.
2. CLAIMANT acknowledges that the terms contained in this Settlement and Release Agreement
constitute the entire agreement between the parties and this Agreement supersedes any and all prior
understandings. CLAIMANT represents and acknowledges that in executing this Settlement and
Release he does not rely on any representation, promise or agreement not contained herein.
3. The parties agree that they will maintain as confidential the terms of this Agreement and that
they will not voluntarily disclose the terms of this Agreement except as may be required by: 1)
operation of law or open records request; 2) order of a court of competent jurisdiction; or 3) to
accountants or attorneys for business or tax return purposes. The parties agree it will not be a
violation of this Agreement for any party to state publicly that the case was settled on mutually
agreeable terms.
4. CLAIMANT represents that he has not assigned or transferred, or purported to assign or
transfer, any claim or potential claim released hereunder or any portion thereof, or interest therein,
to any person, and CLAIMANT agrees to indemnify, defend, and hold harmless those in whose
favor this Release is given from and against any and all claims based upon or arising out of any
such assignment or transfer. CLAIMANT expressly warrants that he is the sole owner of the
claims being released herein. CLAIMANT also agrees to indemnify, defend, and hold harmless
CITY and COUNTY for all attorneys' fees owed to CLAIMANT'S attorneys should a claim for
attorneys' fees be made against CITY and COUNTY, its agents, and/or attorneys for non - payment
of attorneys' fees to CLAIMANT'S attorney.
6. The parties each expressly warrant as follows:
a. I have fully informed myself of the terms, conditions, contents and effects
of this Agreement.
b. I have conferred or have had an opportunity to confer with my attorney prior
to consenting to this Agreement.
7. This Agreement shall be governed by, enforced in accordance with, and subject to the laws of
the State of Texas.
8. This Agreement may be executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes.
0:13 DEPARTAEN1SICtly Manager170/4 File Tracking19.19.14 Chadd Nadson Moore Claim SettlementlSetdement and Release Agreement
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4Itr! '� 17 �', 15
9. This Agreement has been and shall be construed to have been drafted by all the parties so that
the rule of construing ambiguities against the drafter shall have no force or effect.
[Signatures on Following Pages]
0:13 DEPARTMEN7SICtry Mamtgerl2014 File Traa.Vng19.19.14Chadd Hudson Moore Claim SetdementlSealement and Release Agreement
Final 011415.doa
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WAIVE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN WITNESS WHEREOF, I have signed my name hereunto on this the 1AD' day of
Beee a rr jahQ2f't. 3, 2015.
CLAD NT CHADD HUDSON MOORS
SWORN AND SUBSCRIBED to before me this Orb day of elDeee[ffM—r, M
i
r 'JJav,v " , 2015 .
Not< bhc State of Tex=M'NOTAAY INEN
JC
AS
.2015
0:13 DEPARD ENMOzy Manager12014 Flle Pacl dngl9.19.14 Chaddifudson Moore Claim SeidemmitSenlement and Release Agramem
Find 011413.d=
Vol. .Z �% p9,__ /��
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WAIVE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN WITNESS WHEREOF, I have signed my name hereunto on this the day of
December, 2014.
KELLY TEWLIN
CITY MANAGER
CITY OF COLLEGE STATION
SWORN AND SUBSCRIBED to before me this ` day of December, 2014.
Notary Public, State of Texas
APPROVED:
JEFF KERSTEN
ASSISTANT CITY MANAGER/CFO
CITY OF COLLEGE STATION
O. U D&PARTM6N75ICl1y MmuwrU014 Pie T aekinO.19.14 Chadd Hudson Moore Claim SetllemanttSeiilemem and Release Agreement
Final 011413.do=
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WAIVE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN WITNESS.WHEREOF, I have signed my name hereunto on this the 1-7 4"day of
COUNTYJUDGE
BRAZOS COUNTY, TEXAS
-7 tt�� 7A 1 `5
SWORN AND SUBSCRIBED to before me this (
� day of gr%3.
uAto ............................... Belhany Edcstram •••
a; Notary Public
Notary Public, State o exas +� STATE OF TEXAS
aj�4yr My Comm. Up.OBNllM5
a .... .:.............................
O:U D5PARTMRMChyMmmgerU014 File Trackm&..19.14 CLuddiludson Ma mClaim SettlementiSettlementandRelease Agreement
Final 011415.d=
Vol. �� pg•�..