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HomeMy WebLinkAbout2016-11-01 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA 7 t ' (= r—) ?u!b -0 1' 25 A 11: 5b BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 1, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 330: 3, Resolution 16-027 approving the purchase of property and construction of a new office building by the Brazos County Appraisal District. 4. Contract with International Security on behalf of the Brazos Center for uniformed security officers for events as requested. 5. Proclamation 16-037 declaring November 2016 as "Adoption Awareness Month" and November 15, 2016 as "Brazos County Adoption Day". }'4 6. Out of state travel request for Flora Williams to attend the National Association of Extension 4-H Agents, Bayous and Byways -4-1-1 Navigating the Future Conference in New Orleans, LA; dates of travel were October 8-14, 2016. 7. Payment Authorization to Texas Association of Counties in the amount of $1,000.00 for the insurance deductible on Unit 806, a 2010 Dodge Charger / VIN# 2B3AA4CT2AH280680. 8. Payment Authorization to Dentrust in the amount of $6,350.00 for dental services for inmates of the Brazos County Detention Center, amount of invoice exceeded the purchase order. 9. Payment Authorization to Transunion in the amount of $227.25 for the District Attorney's Office; amount of invoice exceeded the purchase order. vol. pg 10. County Investment Policy for 2017. 11. Request from Constable, Precinct 3 for permission to apply for a 2017 NRA Grant. 12. Approval of the following job description: a. Teacher (Class Code 1557, Position 01) for S.O. Jail 13. Stop Loss Renewal Documents. 14. Humana Renewal Document 15. Award of Bid # 17-082 Asphalts, Oils and Emulsions. 16. Award of Contract # 17-089 Copier Maintenance with Texas Document Solutions. 17. Award of Contract # 17-248 with Quick Draw ATM Machines Services, Inc forATM machines to be placed at the Brazos County Exposition Complex and the Brazos County Courthouse. 18. Approval of the following contracts for the Mesa Verde Extension Project • a. 17-079a Design and Engineering with Mitchell and Morgan • b. 17-079b Geotech and Materials Testing with CME Testing and Engineering • c. 17-079c Surveyor with Strong Surveying 19. Contract with United Airlines for flight costs for law enforcement to travel to work the Presidential inauguration. Costs will be reimbursed by the Washington Metro Police Department 20. Request permission to enter private property owned by Karla Ann Seeton at 5320 Straub Road. Project will require the County to trim high grass at the intersection of Straub Road and Stousland Road for better site distance. Site is located in Precinct 1. 21. Request permission to enter private property owned by Philip Bienski at 1839 Smetana Road. Project will require the County to clean out drainage channel for better runoff. Site is located in Precinct 4. 22. Consider and take action on the Frontier Communications utility permit to conduct a 60' bore under Cole Lane 1,320 feet northeast of SH 30. Work will include placing a service line through bore continuing on 80 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the bottom of ditch. Line will provide service to customer at 4749 Cole Lane. Site is located in Precinct 2. 23. Consider and take action on the Frontier Communications utility permit to conduct a 70' bore under Grassbur Road 925 feet northeast of Vicks Lane. Work will include placing a service line through bore continuing on 150 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the bottom of ditch. Line will provide service to customer at 10238 Grassbur Road. Site is located in Precinct 2. 24. Acceptance of Special Warranty Deed from Smiling Mallard Development, Ltd. and Paul J. Clarke, Inc. for 6.599 acres of land to be used for the extension of Mesa Verde Drive located in Precinct 1. 25. Tax Refund Applications for the following • a. Lawyers Title Company -overpayment -$41.99 • b. Airway 05 Inc. -overpayment -$10.00 • c. University Title Co. -overpayment -$15.45 • d. UniversityTiteCo.-overpayment-$10.89 • e. University Ttle Co. -overpayment -$5.65 `Vol.�� Pg� • f. Helen Hahn -overpayment -$334.28 • g. Bobby Cranford -overpayment -$18.11 • h. University Title Co. -overpayment -$10.82 • i. University Title Co. -overpayment -$26.87 • j. Aggieland Title Co. -overpayment -$363.43 • k. Repo Moible Homes of Texas -overpayment -$17.39 • I. Daugette Investments LLC -overpayment -$17.22 • m. Brenda K. Lee -overpayment -$20.84 • n. Dennis Mark F6end-overpayment-$309.38 • o. James Johnson -overpayment -$23.40 • p. Chris & Connie Becker -overpayment -$16.60 26. Budget Amendments. Budget Amendments FY 15/16 57.1 - 57.5 Budget Amendments FY 16/17 5.1 - 5.6 27. Personnel Change of Status. Personnel Action Forms 28. Payment of Claims. 29. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 30. Consider and possible action on Executive Session. 31. Sheriffs report on inmate population. 32. Acknowledgement of the Brazos County Expo FY 2016 Fourth Quarter Sales and Marketing Report 33. Acknowledgement of Investment Report for quarter ending September 30, 2016. 34. Announcement of interest items and possible future agenda topics. 35. Call for Citizen input and/or concerns 36. Adjourn. i PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four ndnutes 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 Teas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court in participating In public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Conmtissioners 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 Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES NOVEMBER 1, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, November 1, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns Nantucket resident Marie Wolfe requested an agenda item for a Public Hearing on No Thru Trucks signs in the Nantucket subdivision. Mrs. Wolfe stated she has consulted with several County and District Attorneys that say the County has the authority to regulate and post traffic signs. She said that seventeen (17) counties have had agenda items and/or public hearings on traffic signs imposed by Commissioners' Courts. Mrs. Wolfe said that Nantucket has a roadway safety issue with the number of trucks coming through the neighborhood. Mrs. Wolfe said she looks forward to hearing from the Court on when this will be placed on the agenda. Vol.=-- P9•�G=-- Attached are documents that Ms. Wolfe asked be made a part of the record. Consider and take action on agenda items 3-30: 3. Resolution 16-027 approving the purchase of property and construction of a new office building by the Brazos County Appraisal District. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Contract with International Security on behalf of the Brazos Center for uniformed security officers for events as requested. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Proclamation 16-037 declaring November 2016 as "Adoption Awareness Month" and November 15, 2016 as "Brazos County Adoption Day'. The County Judge read aloud Proclamation 16-037 designating the month of November as "Adoption Awareness Month" in Brazos County and specifically proclaims November 15, 2016 as 'Brazos County Adoption Day". The County Judge then presented the proclamation to Benjamin Glade with the Department of Family and Protective Services. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Out of state travel request for Flora Williams to attend the National Association of Extension 4-H Agents, Bayous and Byways -4-H Navigating the Future Conference in New Orleans, LA; dates of travel were October 8-14, 2016. Motion: , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Payment Authorization to Texas Association of Counties in the amount of $1,000.00 for the insurance deductible on Unit 806, a 2010 Dodge Charger / VIN# FV01 '�S< <� Pg. �� �� 2B3AA4CT2AH280680. This payment authorization is requested by the Fleet Services Department. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Payment Authorization to Dentrust in the amount of $6,350.00 for dental services for inmates of the Brazos County Detention Center; amount of invoice exceeded the purchase order. This payment authorization is requested by the Sheriff's Office - Detention Center. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Payment Authorization to Transunion in the amount of $227.25 for the District Attorney's Office; amount of invoice exceeded the purchase order. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. County Investment Policy for 2017. Commissioner Cauley asked the County Treasurer Laura Davis if there are any major changes. Ms. Davis answered no, there are no major changes. A copy of the policy is attached. Motion: Approve, Moved by Commissioner 1 -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Request from Constable, Precinct 3 for permission to apply for a 2017 NRA Grant. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of the following job description: a. Teacher (Class Code 1557, Position 01) for S.O. Jail A copy of the job description is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner 4V01.`% LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Stop Loss Renewal Documents. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Humana Renewal Document. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Award of Bid # 17-082 Asphalts, Oils and Emulsions. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid 17-082 Asphalts, Oils and Emulsions to Ergon Asphalt and Emulsions, Inc. A copy of the contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Award of Contract # 17-089 Copier Maintenance with Texas Document Solutions. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Award of Contract # 17-248 with Quick Draw ATM Machines Services, Inc for ATM machines to be placed at the Brazos County Exposition Complex and the Brazos County Courthouse. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Approval of the following contracts for the Mesa Verde Extension Project: • a. 17-079a Design and Engineering with Mitchell and Morgan • b. 17-079b Geotech and Materials Testing with CME Testing and Engineering Voi. pg.J • c. 17-079c Surveyor with Strong Surveying The County Judge stated the Court would consider items 19 through 24 and then return to item 18. Having considered the previously noted agenda items, Judge Peters stated that Marie Wolfe asked to make a comment. Mrs. Wolfe said she wanted to thank Commissioner Wassermann and the County Engineer, Alan Munger for working diligently on getting Mesa Verde extended. A copy of the contracts is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Contract with United Airlines for flight costs for law enforcement to travel to work the Presidential inauguration. Costs will be reimbursed by the Washington Metro Police Department. A copy of the contract is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Request permission to enter private property owned by Karla Ann Seeton at 5320 Straub Road. Project will require the County to trim high grass at the intersection of Straub Road and Stousland Road for better site distance. Site is located in Precinct 1 Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Request permission to enter private property owned by Philip Bienski at 1839 Smetana Road. Project will require the County to clean out drainage channel for better runoff. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Consider and take action on the Frontier Communications utility permit to conduct a 60' bore under Cole Lane 1,320 feet northeast of SH 30. Work will include placing a service line through bore continuing on 80 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the Vol. Pg. �✓�� bottom of ditch. Line will provide service to customer at 4749 Cole Lane. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 23. Consider and take action on the Frontier Communications utility permit to conduct a 70' bore under Grassbur Road 925 feet northeast of Vicks Lane. Work will include placing a service line through bore continuing on 150 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the bottom of ditch. Line will provide service to customer at 10238 Grassbur Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 24. Acceptance of Special Warranty Deed from Smiling Mallard Development, Ltd. and Paul J. Clarke, Inc. for 6.599 acres of land to be used for the extension of Mesa Verde Drive located in Precinct 1. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 25. Tax Refund Applications for the following: • a. Lawyers Title Company -overpayment -$41.99 • b. Airway 05lnc.-overpayment-$10.00 • c. University Title Co. -overpayment -$15.45 • d. University Title Co. -overpayment -$10.89 • e. University Title Co. -overpayment -$5.65 • f. Helen Hahn -overpayment -$334.28 • g. Bobby Cranford -overpayment -$18.11 • h. University Title Co. -overpayment -$10.82 • i. University Title Co. -overpayment -$26.87 • j. Aggieland Title Co. -overpayment -$363.43 • k. Repo Moible Homes of Texas -overpayment -$17.39 • I. Daugette Investments LLC -overpayment -$17.22 • m. Brenda K. Lee -overpayment -$20.84 • n. Dennis Mark Friend -overpayment -$309.38 • o. James Johnson -overpayment -$23.40 • p. Chris & Connie Becker -overpayment -$16.60 Vol. �/ Pg.'2 3S� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 26. Budget Amendments. Budget Amendments FY 15/16 57.1 - 57.5 57.1 Reallocate funds for Constable, Precinct 1. 57.2 Reallocate funds for Commissioners Court -Administration. 57.3 Reallocate funds for Court Support - Civil. 57.4 Reallocate funds for Non -Departmental. 57.5 Reallocate funds for Information Technology. Budget Amendments FY 16/17 5.1 - 5.6 5.1 Transfer funds from General Capital Improvement Fund to Sheriff's Office - Administration. 5.2 Transfer funds from General Capital Improvement Fund to Constable, Precinct 4. 5.3 Transfer funds from Non -Departmental to Sheriff's Office -Administration. 5.4 Transfer funds from General Fund Contingency to Tax Office. 5.5 Transfer funds from Non -Departmental to Facility Services. 5.6 Transfer funds from Non -Departmental to Sheriff's Office -Administration. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 27. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Payment of Claims. Claims 7149723-7149961 29. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 31 through 35 then return to convene into Executive Session. Having considered the previously noted agenda items, Civil Counsel Bill Ballard informed the Court that the Executive Session was no longer needed. 30. Consider and possible action on Executive Session. 31. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 609 inmates in jail, 529 inmates are male and 80 are female, 52 have electronic monitors and 18 are pending for monitors. 32. Acknowledgement of the Brazos County Expo FY 2016 Fourth Quarter Sales and Marketing Report. The Court acknowledged receipt of the Brazos County Expo FY 2016 Fourth Quarter Sales and Marketing Report. 33. Acknowledgement of Investment Report for quarter ending September 30, 2016. The Court acknowledged receipt of the Investment Report for quarter ending September 30, 2016. 34. Announcement of interest items and possible future agenda topics. There were no announcements. 35. Call for Citizen input and/or concerns There was no citizen's input. 36. Adjourn. vol. pg. cz3 % The foregoing minutes of the Commissioners Court meeting held November 1, 2016 have been examined and are approved in open Court this I ✓� day of Dlte-P,V 126C , 2016, in Bryan, Brazos County, Texas. L - Duane Peters County Judge 4; �� � � S y Cata na Commissioner, Precinct 2 Irma Uauley Commissioner, Precinct 4 Attest: 9�9� (Ile Karen McQueen County Clerk )e& -/- ft LloydWassermann Commissioner, Precinct 1 j, Kenny Mallard Commissioner, Precinct 3 Vol. Pg. 3� L _ Pg I of 3 BRAZOS COUNTY COMMISSIONER'S COURT j,d- DAY OF , 204�_ /p,•�c� AM/ Name (PLEASE P .. d Arv,* /,-" Q h lA c�� ,VlY1A'-i11' iGI..�ZbIY Organization (PLEASE PRINT) %�ctiw`(u ckt;� 14MS Yoi. P9 7L Pg Z of BRAZOS COUNTY COMMISSIONER'S COURT DAY • i_ QC -- Name ASE PRINT) 20 /� Organization (PLEBE PRINT) -o �0 '{ Qgc. fvtSi _ Aud'J. vvr._ PE__6_. . BRAZOS COUNTY COMMISSIONER'S COURT DAY • 1 ' AM/PK Name (PLEASE PRINT) 20/4 Organization (PLEASE PRINT) (or' c' � b0-\05 Ca Pg 3 of 3 Vol. � P9• N Marie E. Wolfe 4576 Sandpiper Cove College Station, TX 77845 Presented at 11/1/2016 Brazos County Commissioners Court: I'm here to personally request that the Commissioners Court place on the agenda a "Public Hearing" for Nantucket's "No Thru Truck" zone. I have a copy of an email sent to Judge Peters and Commissioner Wassermann on October 29, 2016 and all its attachments that I would like to enter into the record. It's my understanding that the County Attorney's office has briefed the court on various alternatives and legal issues pertaining to our request for prohibiting truck traffic through Nantucket. I'm not certain that our citizens input and research was taken into account. The research included positions from: Bob Edinger, Assisstant County Attorney for Guadalope County Jim Simpson, Assistant County Attorney for Johnson County Mary Shine, District Attorney's office for Brazoria County They all stated Counties have the authority under Transportation Code 251.151 and 251.152 to order "No Thru Truck" zones that are easily enforced. Joseph Halbert, Senator Charles Schertner's General Counsel and other attorneys he consulted with tells us that the County has authority to regulate roads and no new legislation or state intervention is necessary or appropriate. Mr. Bob Bass (Allison, Bass & Magee, LLP) said "Where an alternate route is available that generally allows access to a particular location, a "no thru truck" ordinance might be possible, but these orders are understood to prevent users of a public roadway from taking "shortcuts " through residential neighborhoods for convenience, and not when a user of a public roadway has no other means to access their own property. " Mr. Bass basically described Nantucket's problem of cut -thio truck traffic. Attorney General Opinion GA -0088 response to Somervell County Attorney's question (RQ -0018 -GA) states: "As an alternative to county weight regulation of such trucks, you ask whether the county may post this section of road as a "No Thru Truck Traffic" road. Vol ��%Y p9 The "commissioners court of a county may regulate traffic on a county road, " Tex. Transp. Code Ann. § 251.151 (Vernon 1999), and "may adopt regulations establishing a system of traffic control devices in restricted traffic zones. "Id. § 251.155(a). Accordingly, the commissioners court may post this portion of road as a "No Thru Truck Traffic" road. However, a county may not regulate or restrict permitted trucks on the basis of weight if the truck has the appropriate permit, and therefore must in such a situation forbid all truck traffic, not merely that of trucks with overweight permits. " Nantucket would prefer to forbid all truck traffic from cutting thru and only allow local deliveries only. My web searches found 17 counties had done at least one or all of the following actions: placed an item on Commissioners Court Agenda, held public hearings, approved and ordered "No thru Truck" zones. Two examples of Counties assisting residents with cut-thru truck traffic are Johnson and Brazoria. On November 20, 2014, Johnson County Commissioners Court held a public hearing within their regular session and then approved unanimously Order #2014- 44. There are a number of streets named in this Order where "No Thru Tricks" signs are to be posted. Trucks were cutting thru the neighborhood from CR 528 and CR 605 to/from E. Renfro Street. The trucks had an alternative route to use that did not have them cutting thru a neighborhood. On May 13, 2014, Brazoria County Commissioners Court held a Public Hearing for Regulatory Signs in the Lakes of Savannah Subdivision for the Road and Bridge Department. Then in the regular session, voted unanimously and accepted posting of "No Thru Truck" signs under Order No. VI1.BA.c. This was also an issue with cut-thru truck traffic and the Order stated "as necessary to maintain roadway safety". Trucks had another suitable route to use. Nantucket has a roadway safety issue not just for our residents that are walking, jogging, biking or attempting to get out of their driveways, but also for truck drivers because two trucks have rolled over on Harpers Ferry near the corner of Harpers Ferry and Sandpiper Cove. We also have an alternate route that trucks should use that don't take them thru neighborhoods. I look forward to hearing from you as to when our request will be on the Commissioners Court Agenda. p9i Print , https://mg.inail.ya o.com/neo/laun h?.rand=53ld9gqu2kt4cn496558596( Subject: Request to have Discussion on "No Thru Truck" zone for Nantucket placed on Commissioners Court Agenda From: Marie Wolfe (me_wolfe@yahoo.com) To: dpeters@brazoscountytx.gov; Iwassermann@brazoscountytx.gov; kimwaynel981@hotmail.com; shardintx@gmaiLcom; mprice212@yahoo.com; motherweir@hotmail.com; randerson@brazoscountytx.gov; wballard@brazoscountytx.gov; ksuhling@brazoscountytx.gov; Cc: ramunger@brazoscountytx.gov; jean@jeanphelps.com; shirleybaker416@gmaiLcom; elledgeacres@gmail.com, scatalena@brazoscountytx.gov; icauley@brazoscountytx.gov; kma I la rd @ brazoscou n tytx. gov; Date: Saturday, October 29, 2016 11:55 AM Dear Judge Peters and Commissioner Wassermann, I received an email from the County Attorney Rod Anderson late yesterday (attached RodAndersonl0-28-2016.pdf) which states that he has briefed you on various alternatives and legal issues pertaining to our request for prohibiting truck traffic through Nantucket. I've just checked the November 1, 2016 Commissioners Court Agenda and see no item requesting a "Public Hearing" for Nantucket's "No Thru Truck" zone. I'm concerned that citizens input and my research might not have been included in your discussions. The County website says "The county judge presides at meetings of the commissioners court and is responsible for filing and posting the agenda." Please consider this a formal request that we have a public discussion on Nantucket's petition for "No Thru Truck" signs placed on the Agenda based on the following information and our previous discussions/emails. As you know I'm not an attorney just a citizen concerned for our neighborhood's safety, however I have spoken to Mr. Bob Etlinger, Assistant County Attorney for Guadalope County, Mr. Jim Simpson, Assistant County Attorney for Johnson County, and Ms. Mary Shine, District Attorney's Office for Brazoria County and they all said that County's have the authority to order "No Thru Trucks" zones/signs that are easily enforced. Mr. Joseph Halbert, Senator Charles Schertner's General Counsel has informed me that he has done additional research and spoken with other attorneys and tells me the County has the authority to regulate roads and no new legislation or state intervention is necessary or appropriate (see JosephHalbert.pdf attached). Mr. Bob Bass (Allison, Bass & Magee, LLP) said in his email to me "Where an alternate route is available that generally allows access to a particular location, a "no thru truck" ordinance might be possible, but these orders are understood to prevent users of a public roadway from taking "shortcuts" through residential neighborhoods for convenience, and not when a user of a public roadway has no other means to access their own property. " Mr. Bass basically described Nantucket's problem of cut-thru truck traffic was something you could do something about while believing he was addressing the Roans Chapel Road/SUNOCO issue (see attached BobBass.pdf). 10/3 1 /2016 2:54 PP 1 ora _ Pg-- �J Print , https://mg.niail.yahoo.com/neo/launch?.rand=531d9gqu2kt4c#4965585961 Also attached are a few charts from a presentation a found authored by Allison, Bass & Associates, LLP (see Allison-Bass-AssociatesCharts.pdf) I realize that an Attorney General's Opinion (GA -0088) is non-binding, but it definitely makes sense why other Texas County Attorneys and Senator Schwerter's General Counsel believe the County has the authority. Here is the question from Somervell County Attorney (RQ -0018 -GA attached) which GA -0088 was in response to: "Approaching the problem from another perspective, does the County have the right to post CR 406 as a "No Thru Truck Traffic" road? if so, how would such a regulation interplay with Chapter 623 of the Transportation Code?" Attorney General Opinion GA -0088 (attached) response to RQ -0018 -GA states: "County Prohibition of Truck Traffic Generally As an alternative to county weight regulation of such trucks, you ask whether the county may post this section of road as a "No Thru Truck Traffic" road. Request Letter, supra note 1, at 2. The "commissioners court of a county may regulate traffic on a county road, " Tex. Transp. Code Ann. § 251.151 (Vernon 1999), and "may adopt regulations establishing a system of traffic control devices in restricted traffic zones. " td. § 251.155(a). Accordingly, the commissioners court may post this portion of road as a "No Thru Truck Traffic" road. However, a county may not regulate or restrict permitted trucks on the basis of weight if the truck has the appropriate permit, see id. § 623.018, and therefore must in such a situation forbid all truck traffic, not merely that of trucks with overweight permits." Nantucket would prefer to forbid all truck traffic from cutting thru and only allow those trucks that have a delivery or pickup within our neighborhood. The GA -0088 specifically says "county may not regulate or restrict permitted trucks on the basis of weight if the truck has the appropriate permit". This is why the "No Thru Truck" with 60,000+ lbs. would not be appropriate and could very well cause issues like "Scurlock Premian Corp. vs. Brazos County". In my web searches, I found Victoria County (Population 92,385), Fort Bend County (Population 585,375), Brazoria County (Population 321,418,820), Kaufman County (Population 111,236), Bexar County (Population 1,897,753), Guadalupe County (Population 131,533), Johnson County (Population 159,990), Bosque County (Population 18,052), Montgomery County (Population 455,746), Travis County (Population 1,176,558), Wise County (62,953), Trinity County (Population 14,402), Colorado County (Population 20,870), Jefferson County (Population 455,746), Tarrant County (Population 1,982,498), Jack County (Population 9,094), and Wharton County (Population 41,168) all have done at least one or all of the following actions: placed item on agenda, held public meetings, approved and ordered "No thru truck" zones/signs or something of similar wording. These actions were taken as far back as 1997 and continue to this day. am attaching 2 files that are examples of a County assisting residents with cut-thru truck traffic which 1 found by using Google Maps. These files are: JohnsonCounty0rder2014-44.pdf and BrazoriaOrderNo.VI I. B.4.a. pdf. On November 20, 2014, Johnson County Commissioners Court held a public hearing within their regular session and then approved unanimously Order #2014-44. There are a number of z of . P.,. ,� 10/31/2016 2:54 P1 Elc`_ _...._ - .----_•..l Print https://mg.niai].yahoo.com/neo/launch?.rand-53ld9gqu2kt4c#496558596( streets named in this Order where "No Thru Trucks" signs are to be posted. Trucks were cutting thru the neighborhood from CR 528 and CR 605 to/from E. Renfro Street. The file attached holds a copy of this order along with a "No Thru Trucks" sign on Ironstone Road. All of the other roads have the same sign. I've included a Google Map portion of the neighborhood. The trucks had an alternative route (CR 605 to CR 528 to/from E. Renfro Street) to use. On May 13, 2014, Brazoria County Commissioners Court held a Public Hearing for Regulatory Signs in the Lakes of Savannah Subdivision for the Road and Bridge Department (Order No. VII.B.4.a). Then in the regular session (same day), voted unanimously and accepted posting of "No Thru Truck" signs under Order No, VI1.B.4.c. Same scenario as Johnson County, cut-thru truck traffic and the Order stated "as necessary to maintain roadway safety". Trucks had another suitable route to use. As I understand it, the County Attorney's office is very concerned about the "No Thru Truck" signs being unenforceable and County vulnerable to lawsuits due to the Scurlock case. As for enforce -ability, it's much simpler to have "No Thru Trucks" without a weight since it's my understanding that only Brazos Sheriffs Department have tools to weigh a vehicle. Constables do not have these tools. I have spoken to law enforcement in Counties that have "No Thru Trucks" zones/signs and they stop all trucks and ask where they are coming from and where they are going. If the truck has a reason to be in the neighborhood, they aren't given a citation. If they are cutting-thru, then the law enforcement officer has an option of a warning or writing a citation. Like all traffic control devices whether it be a "Stop" sign or a "Speed" sign, these are complaint driven responses by County law enforcement and must be witnessed by the officer. As for vulnerable to lawsuits, I have not found any lawsuits against any County with "No Thru Truck" zones/signs and nor has the County Attorney's office given me any to research so I can only assume they aren't aware of any lawsuits either. I've asked the Texas State Law Library to also check and they came up with none. Mr. Joseph Halbert (Senator Schwertner's General Counsel) could not find any. Each County Attorney/District Attorney's office I've spoken with believe they have the authority under Texas Transportation Code 251.151 and 251.152 and have had no lawsuits. I would gladly be a witness for Brazos County if any lawsuit should ever arise. Nantucket has a roadway safety issue not just for our residents, but also for truck drivers because two trucks have rolled over on Harpers Ferry near the corner of Harpers Ferry and Sandpiper Cove. I look forward to hearing from you as to when our request will be on the Commissioners Court Agenda. Sincerely, Marie E. Wolfe 4576 Sandpiper Cove 3 of 410/31/20 16 2:54 Ph Print College Station, TX 77845 979-690-7075 Attachments • JosephHalbert.pdf (16.97KB) • BobBass.pdf(16.70KB) • JohnsonCountyOrder2014-44.pdf (3.93MB) • BrazoriaOrderNoNII.B.4.a.pdf (4.53MB) • RQ-0018-GA.pdf (2.96MB) • GA-0088.pdf (48.40KB) • All ison-Bass-AssociatesCharts.pdf (239MB) • RodAndersonl0-28-2016.pdf (37.50KB) https://ing. mai l.yahoo.com/neo/launch?.rand=53 id9gqu2kt4c#496558596( 4 of 4 Vol. ' SC. LL 10/3 I /2016 2:54 PD Pg. Rc)& etrso-Y. to to Subject: RE: "No Thru Truck' zone need for Nantucket From: Rodney Anderson (RAnderson@braioscountytx.gov) To: me_wolfe@yahoo.com; Date: Friday, October 28, 2016 4:03 PM Ms. Wolfe, my staff and I have briefed Judge Peters and Commissioner Wasserman on the various alternatives and related legal issues regarding your request to prohibit truck traffic through Nantucket. 1 know that everyone has a grasp of your safety concerns. My job, and that of my staff, is to provide legal counsel to our client, Brazos County. That is an attorney-client communication that would not occur in a public meeting. Also, since we are not involved in litigation over this issue, there is nothing for a mediator to deal with. I think at this point the County is looking at all of the available options. Respectfully, Rod Anderson Brazos County Attorney 300 E. 26" St., Suite 1300 Bryan, Texas 77803 (979)361-4300 randerson@brazoscountytx.gov From: Marie Wolfe [mailto:me_wolfe@yahoo.com] Sent: Monday, October 24, 2016 5:10 PM To: Rodney Anderson Ce: Bill Ballard; Kendra L. Suhling; Duane Peters; Susan Hardin; Kim Thompson; Mary Lou Price; Karen Weir; Lloyd J. Wassermann; Joseph Halbert; Glenda Elledge; Shirley Baker; Jean Ricciardello Subject: Re: "No Thru Truck" zone need for Nantucket Mr. Anderson, It's been a week and a half and I expected to hear back from you regarding a meeting to discuss in person our road safety issues. It's been a while and I know that Mr. Ballard has spoken with Mr. Halbert (week of IN 12/16) and that both think they are right. While I like using emails to facilitate communication, I find there is nothing like a person to person discussion. 1 was hoping that the County Attorney's office would address our safety issues and would want to address them in a suitable way with input from the residents. Can we have a meeting with Mr. Bob Bass? He wrote to me saying "Where an alternate route is available that generally allows access to a particular location, a "no thru truck" ordinance might be possible, but these orders are understood to prevent users of a public roadway j•om taking "shortcuts" through residential neighborhoods for convenience, and not when a user of a public roadway has no other means to access their own property, I have a great deal of research and would welcome sharing that with your office. How do we resolve this dispute? Do we need a mediator? What do you suggest? Are you the right person to ask for this meeting or should I be going to Judge Peters? Vola— p9. 2 % Sincerely, Marie G. Wolfe 4576 Sandpiper Cove College Station, TX 77845 979-690-7075 512-751-8912 (cell) From: Marie Wolfe <me Wolfe reyahoo.cont> To: Rodney Anderson <RAnderson(n�brazosanmtvix.eov> Ce: Bill Ballard <WBallard abrazoscountytx.eov>; Kendra L. Suhling <KSuhlinrbbmzoscountytx goy>; Duane Peters <DPcterg r brazoscountytx.eov>; Susan Hardin <shardintx@ t�com>; Kim Thompson <kimwaynel98l@hotmai1.com>; Mary Lou Price <mprice212ayahoo.com>; Karen Weir <motherweirochotmail.coru>; LLoyd J. Wassermann <lwassel-Inann@ brazoscountytx.uov>; Joseph Halbert <ioseph halbert ( senate.texas.eov>; Glenda Elledge <clled,el acres M rn', il.conn; Shirley Baker <shirlevbaker4l0�c mailxom> Sent: Thursday, October 13, 2016 7:45 PM Subject: Re: No Thru Truck" zone need for Nantucket Dear Mr. Anderson, I appreciate your staff working on this and I'd like to offer my assistance in researching. I think I have a knack for it. When Commissioner Wassermann mentioned the weight of 60,000 pounds, I had to find out what kind of truck that meant could cut-thru. So I'm attaching a file with some information. Just so you all know, this would not stop the Knife River type trucks filled with gravel that started this endeavor in the first place. They were only 35,000 pounds when I asked the driver in 2015 summer. (File Truck WeightDetailPics.pdf) Since you nor I can come up with precedent/case law that fits our specific issue, maybe you can entertain the idea of following what other Texas Counties have already done. I've found 17 counties so far that have done exactly what we need to have done to stop thru trucks. These counties are: Victoria, Fort Bend, Brazoria, Kaufman, Bexar, Guadalupe, Johnson, Bosque, Montgomery, Travis, Wise, Trinity, Colorado, Jefferson, Tarrant, Jack, and Wharton. Vol. �lz , J_ P9'� z'y� I see you've contacted 3 of those counties and it seems the County Attorney wasn't even involved with these orders. I can find no lawsuit against any county that has "No Thru Truck" zones designated and some of these signs were put in place as far back as 1997 and as recent as this year. The Sheriffs and Deputy's I've spoken in a number of counties say enforcement is normally complaint driven. It's like "Stop" signs and speed limit signs, usually they aren't enforced unless someone complains. I don't see this as any different situation and actually believe truck drivers will comply with the signs. I have only found one county (Bexar) which have a number of "No Thru Truck Zones" with "All trucks over 1 ton are prohibited (except for local deliveries)". Even that restriction is better than 60,000 pounds. All the other counties have no weights associated with the approval/orders that I can find, so please let me know which ones you are referring to. A few of the county orders actually reference Transportation Code 251.151 and 251.152 all the others don't reference any Texas Statute that gives them the authority. A few actually set up Public Hearings and then approve/order the "No Thru Trucks" based on the feedback. I'm attaching a file that has a few pictures of a few places in different counties that I found using GoogleMaps. I've written on those pictures, which County and when ordered for easy reference. The file is NoTIlruTruckS i gnsInOtherCounties.pdf. Just to let you know the other day we had an semi with "Wide Load" cutting thru. This is a very dangerous situation for us. Please help by setting up a meeting and making sure that the item of "No Thru Truck 60,000 pounds and above" is not on the Commissioners Court until we have a solution that will fix our safety issues. Thanks, Marie Wolfe Vol. P9• �s =— From: Rodney Anderson <RAnders)w( brazoscountytx.t;ov> To: Marie Wolfe <me wol Pe u,yahoo.com> Cc: Bill Ballard <WBatlard abrazoscountytx. Dov>; Kendra L. Suhling <1CSuhlin �brazoscountytx. ov>; Duane Peters <DPetersf(!),brazoscountvtx. )ov> Sent: Wednesday, October 12, 2016 4:19 PM Subject: RE: "No Tbru Truck" zone need for Nantucket Ms. Wolfe, I wanted to get back with you regarding your request about creating a so-called "No Thru Truck" zone. I can assure YOU that my staff and 1, along with our other duties, have been researching and exploring all possible options that may be available to the County to accomplish limiting truck traffic in your subdivision. However, I want to clarify a few things. You have mentioned, on more than one occasion, that we seem to be confusing "No Thru Trucks" with placing weight limits on trucks. We understand what you are wanting done, but the fact is that you have to distinguish and define what VOL] mean by "truck" and that is accomplished by weight designation. Virtually all of these orders that other counties have passed, describe a limit by weight, most at one (I ) ton, but it is still differentiating by weight. We realize that other counties have enacted orders creating these zones. I have personally spoken with attorneys from Bexar County, Jack County and Jefferson County (counties with orders to which you previously referred), and none of them had reviewed or even been involved in the creation of those orders, and were not aware of any enforcement of them. The problem is that no type of legal precedence is established by other counties establishing such orders. Legal precedence would be established by case law, and there is virtually none on this subject. In fact, the leading case on this subject, Scurlock Permian Corp. v. Brazos County, makes it clear that the County's authority to regulate roads and traffic is very general, and limitations as to weight, size or length are very limited, especially for vehicles with overweight permits from the State. We are looking at the various options that may be available. One of those options is a specific grant of authority to the counties under Texas Transportation Code, Sec. 251.1575 to establish alternate routes. But again, even that section uses a 60,000 pound weight limit to distinguish between the types of vehicles that would be required to use the alternate route, and I understand that you would like for the County to limit the weight to less than that statute specifically provides. The alternate route would also have to be evaluated with respect to safety and the ability of that alternate road, or roads, to better handle the additional traffic. We also understand the difference between the Sunoco/Roans Chapel issue and the issue in Nantucket, and again, we are looking at all the options. Rod Anderson Brazos County Attorney 300 E. 26th St., Suite 1300 Bryan, Texas 77803 (979)361-4300 randerson(Dbrazoscountvtx. c,ov From: Marie Wolfe [maillo.me wolfcayahoo.coml Sent: Monday, October 10, 2016 7:36 PM 'to: Rodney Anderson Cc: r.bassn.allison-bass.coin; Lloyd J. Wassermann; Duane Peters; Robert A. Munger; Kim Thompson; Susan Hardin; Mary Lou Price; Karen Weir; Bill Ballard; robert.etlineeraco,euadalupe.txms Subject: "No Thru Truck" zone need for Nantucket Mr. Rod Anderson, I had a length phone conversation this morning with Mr. Bob Ettinger, Assistant County Attorney of Guadalupe County. Mr. Etlinger returned my phone call on October 7th to Mr. Dave Willborn, Guadalupe County Attorney. Mr. Etlinger shared with me what "texas Statutes the County Commissioners Court had authority to "order" a "no thru truck" zone/sign. These Statutes were Transportation Code 251.016, 251.151, 251.153 and 251.1575. He said they have had no lawsuits pertaining to the "no thru truck" zones/signs. Iie said he had the utmost confidence he would prevail on any Statute or Constitutional challenge on these "no thru truck" zones/signs. I will continue to make telephone calls to County Attorney offices, County Sheriffs and County Commissioners that I discovered have ordered "no thru truck" zones/signs. Victoria County Commissioner Clint Ives said he has authority to reroute truck traffic and that Mr. Robert Bass told him that. Their Commissioners Court assistant (Ana Longuarda) researched under what statutes they have that authority and it turns out Transportation Code 251.151 and 251.152. Kaufman County Sheriff Deputy called me back, but I didn't record his name. He said enforcing the "no thru truck" signs in Kaufman County is not a problem. He stops the truck and figures out if they need to drive thru that zone. If they don't have a need, he can either warn them or write them a citation. I received an email response from an inquiry to Wharton County Attorney, G.A. (Trey) Maffett that they have had no issues to date with their "No thru truck" zone that was ordered back in June 2015. 1 also received an email reply from Mr. Bob Bass which was not even relative to our situation in Nantucket, but some Sunoco/Roans Chapel Road issue. This really concerns me because I'm losing all confidence in the County Attorney's to represent our issue and address out specific problems. Not all problems are the same and ours specific safety issues need to be addressed. Mr. Bass in his first paragraph of his October 10th email says "Where an alternate route is available that generally allows access to a particular location, a "no thru truck" ordinance might be possible, but these orders are understood to prevent users of a public roadway from taking "shortcuts " through residential neighborhoods for convenience, and not when a user of a public roadway has no other means to access their own properly. " Let me state the issue again: We have a safety issue with trucks (semi's and large 4 axle construction trucks) cutting through our neighborhood from Highway 6 to Arrington Road. They use Nantucket Drive and Harpers Ferry. We have no sidewalks, no shoulders, driveways entering directly onto these streets and our neighborhood park is off of Harpers Ferry. We've had two trucks roll over on Harpers Ferry because when a truck's tires drop off the pavement, they are in soft dirt and a slope/drainage ditch. Fortunately, no one has been injured to date. Because this is a neighborhood, we have walkers, bikers, joggers and children that use these streets. We continue to see trucks cutting through our neighborhood and need signs that are enforceable. Last week on October 61h I left you a message requesting a meeting because there were a number of entails Vol. �`��� Pg. j� and some confusion. Based on Mr. Bass's response I'd say that confusion still exists. When can we meet to make sure that everyone is working towards the same goal — fixing our safety issues? Sincerely, Marie B. Wolfe 4576 Sandpiper Cove College Station, TX 77845 979-690-7075 E01 �. 6 Pg. ��Z� Subject: RE: Marie Wolfe From: Joseph Halbert (Joseph.Halbert@senate.texas.gov) To: me_wolfe@yahoo.com; Cc: Jordan.Strauss@senate.texas.gov, Leah.Alexander@senate.texas.gov; Date: Monday, October 17, 2016 11:17 AM Good morning, Thank you for forwarding along the most recent update from Mr. Anderson. I did get to have a conversation with Mr. Ballard via telephone late last week. Mr. Ballard has put in additional research in this matter, and is still of the position that certain actions taken by the county could be unenforceable and could leave the county vulnerable to suits such as the one that led to the Scurlock case. After doing additional research and speaking with other attorneys, our opinion likewise has not changed. Thus, our position remains that this is a local issue, and also a private issue that may be negotiated directly between property owners and the home builders. At this time, we do not believe new legislation or state intervention is necessary or appropriate. You mention that the county officials have offered solutions that the officials believe are within their power to offer and enforce. it appears that you do not believe these solutions will resolve your concerns. You may consider working directly with the home builders or truckers and utilizing a mediator at the Brazos Valley Dispute Resolution Center (littp:/,'bvdre.or6//). In areas of the state impacted by increased truck loads related to energy activity, energy companies are often willing to make accommodations to the community to be good neighbors and maintain positive relations. Perhaps that will be the case here. Regards, Joseph Halbert General Counsel Senator Charles Schwertner joseph.halbert@senate.texas.gov (512)463-0105 I Frmn: Marie Wolfe lmailto:me wolfe@yahoo.com] Sent: Friday, October 14, 2016 4:41 PM To: Joseph Halbert Subject: Re: Marie Wolfe Howdy Joey, I was wondering if you and Bill Ballard had a chance to speak and what might have been resolved, if anything. The latest I heard was that they proposed to do a "no thru truck for over 60,000 pounds". Basically that won't keep much of anything out and we would still have a safety issue on our neighborhood streets. I believe I copied you on my latest response to Rod Anderson, County Attorney. Please let me know what your meeting resolved? Cheers, Marie Wolfe 979-690-7075 From: Joseph Halbert <Joeph 1-lalbert(r)senate.tesas.pov> To: Marie Wolfe <mc wollic@yahoo.com>; "WBallard@brazoscountvtx.eov" <WBallardo brazoscountvtx.ov> Sent: Thursday, October 6, 2016 6:57 PM Subject: RC: Marie Wolfe Good evening, I apologize for the delay and for the previous muddled email. We made it through the week of hearings and today I had to handle and unexpected timely item. I attempted to call Mr. Ballard this evening but I called too late and missed business hours. I am available tomorrow anytime between I Oarrt-2pm. Mr. Ballard, previously you mentioned that it would be good to read certain items prior to speaking on the Vol. 01 phone. I have read the Scurlock case and would be happy to read any additional items that you feel would be helpful. Thanks to you both for your dedication to serving your community. As you know, not everyone takes the time or makes that sacrifice. Regards, Joey Vol. Y pg. ._�` �_ Subject: No Thru Truck Traffic From: Bob Bass (r.bass@allison-bass.com) To: me_wolfe@yahoo.com; Date: Monday, October 10, 2016 3:49 PM Ms. Wolfe, I fully understand your frustration, and I wish I could give you more support. However, the facts of the case, as I understand it, are that the property recently purchased by Sunoco us situated at the end of Roans Chapel Road, which runs past several residential properties. As the only route available to Sunoco to get to this property, the road is not actually a "thru street", but the only public roadway to the Sunoco property. Where an alternate route is available that generally allows access to a particular location, a "no thru truck" ordinance might be possible, but these orders are understood to prevent users of a public roadway from taking "shortcuts" through residential neighborhoods for convenience, and not when a user of a public roadway has no other means to access their own property. Counties have limited authority to restrict traffic on public roads. The authority of GA -088 is rather scant, in that it is merely an Attorney General's opinion, which are not considered to have precedential value, as would a statute passed by the Legislature. GA -088 contains a brief statement that the County could restrict thru trucks, but to legally do so, would have to restrict "all truck traffic". Even then, the factual situation in the case involving GA -088 was dissimilar to your own, again, because the street does not go "thru" to another county road or public highway, but dead -ends in the Sunoco property. For example, 251.157 of the Transportation Code allows for a temporary road closure to protect a road from damage during wet weather, or shortly after repairs, but even then, an alternate route must be provided. Likewise, 251.1575 of the Transportation Code allows for a Commissioners Court to re-route truck traffic to a more suitable roadway, if one is available. However, in this case, there is no such "suitable" alternate route. Finally, Counties do have authority to issue permits to trucks, but not to restrict access to public roadways. I am attaching Section 623.018 of the Transportation Code, which pertains to restrictions on "overweight" trucks. I recognize your distinction between restricting weight, and perhaps restricting access, but note sub -section (d) of 623.018. If a truck owner/operator has obtained a state issued "over -weight permit", the limited authority of a Commissioners Court to "regulate" truck traffic is superseded by the State permit. i Vol. _._. ,r. 1 hope this e-mail has been helpful in understanding the limits of the Commissioners Court. Only if given express statutory authority can a Commissioners Court act at all. I am attaching the benchmark case of Canales v. Laughlin, and a more recent Supreme Court case, City of Boerne, to demonstrate this limitation. Under the facts of your case, 1 find no authority that will allow the Commissioners Court to restrict Sunoco from accessing its own property by way of Roans Chapel Road, a public roadway in Brazos County, Texas. Robert T. Bass Allison, Bass & Magee, LLP A.O. Watson House 402 W. 12th Street Austin, Texas 78701 (512)482-0701 Phone (512)480-0902 Fax r.bassr�allison-bass.cmn This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Attachments • § 251 157 Prohibiting or Restricting Use of Road.docx (25.02ICB) • § 251 1575 Prohibiting Use of Road for Certain Vehicles.doex (23.60KB) • 623.018 -County Permits.doc (69.50KB) • City of Boerne.pdf (3.09MB) Vol. pg.S RICK 13AILGY Comnlissicncr Pct. Al KI-NNY HO,%ELL Conuni s5ioncr Fc1. C2 , , '��' 1 II�n n=or Record I 1 l JOHNSON COUNTY C'CDNoNIESSIONERS C 61JRT -- �-w- I Qtl!iT11(;hir,���Ullr�llll'fIUU'If� RO( T':lt 11AFZI1'i01N JEM, U. STRIN(;1iR 0.011111}' judgC comillissioucr Pct. V.1 THE STATE OF TEXAS COUNTY ear: JOHNSUN Alison Ililchc"d, Al,islaw ic C'mnmissionn"s Cunrl fi ti DON BEESON Contmissioncr Fcl. Nn ORDER 02014-44 (DESIGNATION A114D INSTALLATION OF NO THRU TRUCK SIGNS ON THE FOLLOWING ROADS: LONG 13RANCII ROAD FROM R. RENFRO STREET TO BENT "9'REE TRADL, BENT TREE TRA�_L 1FRCDM E. RENFRO STREETTO REIDSTONE ROAD, TINA R9_, TIZEIE COURT FROM CR -528 TCD B ENT TREE TRM1L, HIGH POINT ROAD FROM HEADWAT.E+RS RAID TO REDSTONIE ROAD, RETDSTONE ROAD FROM HIGH PORNT ROAD TO BENT "TRE E Tlt M L, HEADWATERS ROAD FROM CR 528 TO GRAYSTONE ROAD, SANDSTONE ROAD FROM CR 528 TO MARKEIDS'TOI`TE ROAD, d.RONSTONE ROAD FROM CR 605 TO SANDSTONE ROAD, MARKEDSTONE ROAD FROM CITE 605 TO HEADWATERS ROAD AND GRAYSTONE ROAD FROM CR 605 TO RE D,S ONE ROAD, JOHNSON COUNTY, TEXAS - PRECINCT#3 '1110. Jolulson Cotmly Commissioners Court met on IVovcmbcr 10, 2014 in regular session and held a public hearing regarding designation and inslallation of No lhru Truck sil"ns un the following, roads f.ong Branch Road frum C. Renfro Street to Beni Trcc Trial, Bent. '1'rec'fiail li'urn G. Renfro Streetto Redstone Road,'1'rail Tree Court Isom CR 51-S to Bert Tree "frail, 1fi,,,h Puint Road from lleadw'aters Road to Rcdstorne Road, Ri,:dstonc Road from I ligh Point Road to Rent Tice '11'j 1-1cadwaters Road from CR 52R to Graystone Road, Sandstone Road from CR 528 to Markedstone Road, lronstoni; Road tiom CR 605 to Sandstone Road. Mtn$xdstone Road fiou1 CR 605 to I[e-adwaters Road and Gthy'stone Road from CR 605 to Redstone Road, Johnson County,'1ex<is - Precinct g i G The Public blearing was properly published in the Cleburne Times Review, on the County Web Page and on the bulletin board of the Johnson County Commissioners Court at the Johnson County Courthouse on Sunday, November 10, 2014. A motion was made by Commissioner Jerry Stringer and seconded by Commissioner Kenny Howe11 to approve "Designation and installation of" No Thru Truck signs on the following roads: Long Branch Road from E. Renfro Street to Bent Tree Trial, Bent free Trail from E. Renfro Street to Redstone Road, Trail 'free Court from CR 528 to Bent Tree Trail, High Point Road from Headwaters Road to Redstone Road, Redstone Road from High Point Road to Bent Tree Trail, Headwaters Road from CR 528 to Graystone Road, Sandstone Road from CR 528 to Markedstone Road, Ironstone Road from CR 605 to Sandstone Road, Markedstone Road from CR 605 to Headwaters Road and Graystone Road from CR 605 to Redstone Road, Jolutson County, Texas - Precinct 43". Said motion was approved by unanimous vote of the Commissioners Court on the 10ei day of November, 2014. NOW TIILREFORE BE IT RESOLVED AND ORDERED: The Cotrunissioners Court of Johnson County, Texas does hereby enter this order for Designation and installation of No Thru Truck signs on the following roads: Long Branch Road from F. Renfro Street to Bent 'free Trial, Bent "Free Trail from E. Renfro Street to Redstone Road, Trail Tree Court from CR 528 to Bent 'Free Trail, High Point Road from Headwaters Road to Redstone Road, Redstone Road horn High Point Road to Bent 'T'ree Trail, Headwaters Road trom CR 528 to Graystone Road, Sandstone Road from CR 528 to Markedstone Road, Ironstone Road from CR 605 to Sandstone Road, Markedstone Road from CR 605 to Headwaters Road and Graystone Road from CR 605 to Redstone Road, Johnson County, "Texas - Precinct 93. ORDER 92014-44 NOVEMBER 10, 2014 Vol. ---�= Pg, I WITNESS OUR HAND THIS T11L 10"' DAY OF NOVEMBER, 2014. Roger Harmon, obnson County .fudge Voled:,,.L yes, _ no, _ abstained O nun. Pet. HComm.Pct- 02� -H✓ ell'(-Ojn abstained IE7 ��7y�esno, _ abstained Jerry Don Beeson, C10 mm. Pct. #4votyes, —nov'clt;n abstained Voted: --Ies,—no,—abstaincd ATTEST: Becky "liams, Counry Clerk ORDER 112014-44 NOVEMBER 10, 2014 Vol, pg. 4 ORDER 112014-44 NOVEMBER 10, 2014 Vol, pg. �.I �V .{� � •lid Iii 7'= . U - c: J h� J f i .. I I 4! 1 U I ` +nY14r1 � = � v I � if S }rlx'14iM1F ' `Ai A { XI E �.I ' f .. I I 4! 1 U I ` +nY14r1 � = � v I � if S }rlx'14iM1F ' �.I a v \l,p� Iw Vol. pg. .1 J Date: 5/13/2014 TNF, REGULAR COMMISSIONERS COURT SESSION OF BR4ZORIA COUNTY, "TEXAS ORDER NO. VILBA.a. RE: Open Public Hearing for Regulatory Signs in the Lakes of Savannah Subdivision for the Road & Bridge Department That a public hearing be opened for the posting or adjusting of regulatory signs in Brazoria County. The signs to be posted are as follows: Speed. Limit Signs 30 mph speed limit shall be set on the following roads: CR 708 [Savannah Cove Ln.] CR 715L [Savannah Landing Ln.] CR 708J [Savannah Trace Ln.] CR 714B [Southern Oak Ln.] CR 714P [Quiet Manor Ln.] CR 715M [Hearthstone Ln.] CR 709M [Savannah Bend Dr.] No Thru Truck Signs CR 714A/SH 6 (Savannah Pkwy] intersection CR 714A/CR 58 [Savannah Pkwy/Post Rd.] intersection CR 714Z/SH 6 [Green Grove Ln.] intersection (All Roads above in Pct. 4) Date: 5/13/2014 TIIE REGULAR COMMISSIONERS COURT SESSION OF RRAZ,ORIA COUNTY, TEXAS ORDER NO, V11.6.4.c. RE: Accept Posting of Regulatory Signs in the Lakes of Savannah Subdivision for the Road & Bridge Department That the posting of regulatory signs in Brazoria County are as follows: Speed Limit Signs 30 mph speed limit shall be set on the following roads: CR 708 [Savannah Cove Ln.] CR 715L [Savannah Landing Ln.] CR 708J [Savannah Trace Ln.] CR 714E [Southern Oak Ln.] CR 714P [Quiet Manor Ln.] CR 715M [Hearthstone Ln.] CR 709M [Savannah Bend Dr.] No Thru Truck Signs CR 714A/SH 6 [Savannah Pkwy] intersection CR 714A/CR 58 [Savannah Pkwy/Post Rd.] intersection CR 7142/SH 6 [Green Grove Ln.] intersection IAll Roads above in Pct. 4[ Further, that the County Engineer is granted authority by the court to determine the number and locations of signs on county roads within the limits shown above as necessary to maintain roadway safety and that a certified copy of this order shall be sent to the County Engineer, the Sheriff's Department and the Department of Public Safety. [VOL pg. ';2 6 6 1 Ps:H www.g oole.c.01II/ III upsf(a129.,; 96111 d3919 1.?a. Google Maps Savannah Pkwy N- Y'. Aw �pWv rl*& mage rapture. May 201b C) 2016 Gooqlp, Roshirun, Texas Street treet Viev, - May 2016 LVOJ. j 10/1::'_'016 �5:34 Pb iii nooi Ild r. I, C=Ilwnl Tia C Vicmriu M -t no LVII Grove Lr. I G 1:.21am0 7 C9 6i CD LD 11 QV— w no O above action be taken by the Court. Passed: 5-0 L( 11.f�i�r✓iY�./14,�].'(�'1�.Iiv `.i%fiiJ`if Ave: Judge King, Commissioner- Payne, Commissioner Sebesta, Commissioner Adams, Comrnissioner Stanley Nay: INonc:) VILB.4.c. Accept Posting of Regulatory Signs in the Lakes_of Savann:,ih 8ubdi�_isigrr for t11c Rozid.S _Bridge Department That. the posting of regulatory signs in Brazoria County are as follows: Speed Limit Signs 30 mph speed limit shall be set on the following roads: CR 703 (Savannah Cove Ln.J CR 715L ISavannah Landing Ln.) CR 708J (Savannah Trace Ln.) CR 71.4B (Southern Oak Ln.] CR 7)4P lQuict Manor Ln.J CR 715M (Hearthstone Ln.] CR 709M (Savannah Bend Dr.l No Thru Truck Signs CR 714A/SH 6 JSnvannah Ploy) intersection CR 714A/CR 58 [Savannah Pl<wy/Post Rd.] intersection CR 714Z/SH 6 (Green Grove Ln.] intersection (All Roads above in Pct. 4) Further, that the County Engineer is granted authority by the court to determine: the number and locations of signs on county roads within dle limits shown above as necessary to maintain roadway safety and that a certified copy of this order shall be sent to the County Engineer, the Shcriff's Department and the Department of Public Safety. Motion to Approve by Commissioner Stanley, seconded by Commissioner Payne that the above action be terl<cn by the Court. Passed. 5-0 Avc: Judge King, Commissioner Payne, Commissioner Sebesta, Comrnissioner Adams, Commissioner Stanley Nein'. (Nonc) VILB.4.d. <1�en Pu �lic_I Ie,aring for lteeulatory�ns on CIS 59 and CR 11 1 for the Road ti_.Bridge.Department Vol. Pg. c2` Lakes of Savannah y Speed Limit & No Thru Trucks Sign Placement n ., .. l3 r f'^ / > •�{ �t C 't.�{ I M IAGa` w 4� i� `_- 11 gyp` r I Vol. Pg. �7 U)I '" ` rte" Legenn Roads � Sr nur 1pp C ly NSI lt� t 1 1 Ye'gry ru�l �''' l:i:!. City CnAesim d PV J� yyy r un- P.O. Box 1335 ir L*4 - &' 1 b 0 February 5, 2003; LOV RECEIVED FEB 18 Z003 OPENRECORDSWSION Phone 254-897-2277 fax 254-897-2600 RECEIVED FEB 18 2003 OPINION COMMITTEE FU I1'1 �- flu-- 03 The Honorable Greg Abbott I.D. # Attorney General of the State of Texas--- '�— P.O. Box 12548 Austin, TX 78711-2548 Re: Authority of County to impose regulations with regard to heavy trucks and, alternatively, to close portion of road, and related questions. Dear Attorney General Abbott: Please accept this letter as a formal request for ail opinion from your office concerning- the oncerningthe authority of a County to close a portion of a County Road. The facts surrounding the situation at hand set oul below. Somervell County has received a petition from several land owners located along Somervell County Road (CR) No. 406, located in the extreme eastern portion of the County. (A copy of the petition is enclosed herewith). As you will see, the property owners are requesting, pursuant to Section 251.052 of the .Transportation Code, that the County close a portion of CR 406 beginning at the Somervell/Johnson County Line. CR 406 begins at U.S. Hwy. No. 67 and proceeds South to the Somervell/Johnson County Line, There it connects with Johnson County Road No. 1234, which continues to wind back around to the North and eventually reconnects wilt[ U.S. Hwy. No. 67 approximately I to 1 '/z miles East of 406. 1 am also including a copy of a USGS topological map which has been labeled in order for you to be able to visualize what I am attempting to describe herein. This petition was precipitated by the establishment of a rock crushing/mining operation which produces "road base" material. A possible, and likely, route for truck traffic from this operation is along CR 406 northward to U.S. Hwy. No. 67, which is approximately 2 miles North of the mining operation's entrance. The actual location of the operation is in Johnson County. Although a portion of the property on which the mining operation is located is in Somme][ County, no portion of the property abuts Somervell County Road Vol. � Pg. �%� No. 406. The residents along CR 406 desire to have the truck traffic stopped through their petition by the closing of a portion of the roadway on the South end at the Somervell/Johnson County Line. This would require the truck traffic to use Johnson County Road No. 1234 to reach U.S. Hwy. 67. CK 406 is a narrow road designed for normal traffic, not large trucks loaded with heavy road materials. The roadway was not constructed to withstand heavy trick traffic and will rapidly deteriorate under such wear and tear. There are several residences along this route, most of which are fairly close to the roadway. The paved portion of this road is approximately 16 to 18 feet in width and the actual right-of-way (from fence to fence) averages approximately 35 feet in width. Although I can find no record of the Commissioners Court of Somervell County having classified County Road 406, the existing dimensions of CR 406 would most likely dictate that it be classified as a "third class' road. The residents fear that the heavy truck traffic will pose safety risks and cause diminution to the value of their property. Furthermore, it is clear that this traffic will cause damage to CK 406 and create problems both for County maintenance and the convenience of the general traveling public. Question No. l: Does Somervell County have any effective regulatory authority to limit truck traffic on CR 406 or the weight thereof? (and related questions) Section 251.153 of the Transportation Code allows a commissioners court of a county to establish load limits for any county road or bridge. Ilowever, it appears that an overweight vehicle is exempted from county weight limit regulations if the vehicle has an overweight permit issued by the Texas Department of Transportation ("TxDot"). See §621.301(e), Transportation Cale. See Also Scurlock Permian Corp v Brazos County 869 SW2d 478 (Tex. App—lfouston[la Dist.] 1993, writ denied). The penalty or recourse for damage to a road by a permit" is recovery against the security posted by the permitee for the permit with the Stale. See §623.016, Transportation Code. However, this is a very ineffective remedy in that the damage is likely to be cumulative. The operators of quarries generally do not operate their own trucks; rather, the trucks of independent truckers, construction companies, etc. are loaded at the quarry. Determining the truck or trucks which actually "caused" the clamage and the extent of each truck's responsibility would be a nightmarish task. Does the County have any authority to regulate trucks that exceed a posted County weight limit, but have an overweight permit? Is the County's sole remedy a suit against the permitee? If this is the County's sole remedy, what is the County's burden of proof to recover damages against the permitee? Approaching the problem from another perspective, does the County have the right to post CR 406 as a "No Thru Truck Traffic" road? If so, how would such a regulation interplay with Chapter 623 of the Transportation Code? -2- Question No. 2 Can the County close, abandon or alter a portion of CR 406 without providing a new connecting road? (and related questions) As stated above, CR 406 runs into Johnson County and becomes Johnson County Road No. 1234. The change sought by the petitioners is to alter or close/abandon the portion of CR 406 from the Somervell/Johnson County line to a point just short of the last driveway of the residences in the area. Section 251.051(a) of the Transportation Code gives a commissioners court authority to close, abandon, vacate or alter a public road. A unanimous vote is required to close, abandon, vacate or alter a public road except to shorten it from end-to-end, Sec §251.051(b), 'transportation Cade. Subsection (c) of §251.051 provides that a county commissioners court cannot "discontinue" a public road until a new road designated as a replacement is ready to replace it. In the situation inquired about, could a portion of CR 406 be closed, altered or abandoned in the manner requested by the residents without the County having to provide a new road? Does the fact that the proposed closure would be from the Somervell/Johnson County line at the request of the Somervell County residents actually affected have any effect on the answer? That is, is the connection to Johnson County Road No. 1234 considered a continuation of CR 406, or is CR 406 considered separately for purposes of §251.051(c)? Would this be a shortening of CR 406 rather than s closure of road? Furthermore, does the fact that the alteration or change is requested pursuant to §251.052 of the Transportation Code, which does not have a requirement similar to §251.051(c), enter into the analysis? And, finally, does §251.051(c) incorporate the definition of "discontinue" found at §251,001(2) or docs it refer to something more than discontinuing maintenance? Ouestion No. 3: Assuming the County is authorized to close, vacate or abandon a portion of the road without providing a new road, could this give rise to a damages claim by the quarry owner whose operations do not abut CR 406, but abut Johnson County Road No, 1234? Section 251.058 of the Transport+t on Code addresses the remedies available to persons aggrieved by a road closing. The quarry does not abut the portion of the road to be closed, nor does CR 406 serve as the quarry's only means of access. Thus, it is assumed injunctive relief would not be available. however, the statute does not preclude the recovery of damages to landowners abutting the road at another point. It is my understanding that the closure must create a material and substantial impairment to access, and that mere inconvenience or circuitry of travel will not suffice to give rise to a right of recovery. See Lethu Inc. o. City of Iiouston 23 SW3rd 482, 486 (Tex. App.— Houston [1" Dist.] 2001, pet denied). If the quarry retains its access to Highway 67 via Johnson County Road No. 1234, would the closure of the portion of CR 406 create any right to damage recovery by the quarry owner? Would the analysis consider the -3- Vol.a�� `� _..__ (q.. o particular type of traffic involved or the condition of Johnson County Road No. 1234, that is, "specialized access", or is access to one's property by vehicular travel generally sufficient? (Johnson County Road No. 1234 may not be set up for such trucks either. It also has cattle guards and curves generally not found on CR 406.) It has always been my understanding that the right of the public at large to use a road is paramount to that of an individual. In this case, an operation's use of a road for its private business will damage or destroy the road for everyone and create safety concerns. It has been said that "No person can acquire a vested right to the use of public streets and highways in carrying on a commercial business." See 43 Tex. Jur. 3d, Highways Etc. §124, p. 250. I-lowever, in the situation at hand, an operation not even located in Somervell County will interfere with the use of CR 406 by members of the public actually residing in Somervell County. ()uestion No 4: Does the County have any regulatory authority or remedy in this situation where it is assumed that the majority of the trucks will be overweight permitted by TxDot? This is not just a problem in Somervel] County. Several counties in our area are struggling with similar situations involving the use of county roads by large -haul trucks corning to and from quarries. It seems unfair that the general public should be burdened with an operation's use of county roads for its business in a manner that increases the cost to the citizens generally of providing such roads. Thank you in advance for your attention to this matter. Please do not hesitate to contact me if additional infor-mation is needed. V lY Yom, - S Ronald D, Hankins County Attorney Somervell County -4- Vol. g Pg. IiLe;—] A-rTORNry GENGRAI. OF TGXM, (" R F G ABBOT i' The Honorable Ronald D. Hankins Somervell County Attorney P.O. Box 1335 Glen Rose, Texas 76043 Dear Mr. Hankins: Opinion No. GA -0088 Re: Authority of a county commissioners court partially to close or, alternatively, limit truck traffic on a county road (120 -0018 -GA) You ask four questions related to the possibility of county regulation of truck traffic on Somervell County Road No. 406 ["CR 406'], and the possibility of closing a section of CR 406 upon the petition of a group of land owners in the affected area.11> As you explain the underlying facts, a rock -crushing and mining operation has opened in Johnson County near the road in question, and a "possible, and likely, route for truck traffic from this operation is along CR 406 northward to U.S. Hwy. No. 67 ...." Request Letter, supra note 1, at 1. The residents of this stretch of road would prefer that it not be used by large trucks from this operation, fearing that such traffic "will pose safety risks and cause diminution to the value of their property." Id. at 2. Accordingly, they have petitioned the Somervell County commissioners court to close to the public the portion of CR 406 running past their properties. The petition was made pursuant to section 251.052 of the Transportation Code, which reads in relevant pail: (a) The residents of a precinct may apply for a new road or a change in an existing road by presenting to the commissioners court a petition signed by: (1) eight properly owners in the precinct, if the application is to request a new road or that a road be discontinued: or (2) one property owner in the precinct, if the application is for a change in a road other than discontinuing the road. Tex. Transp. Code Ann. § 251.052(a) (Vernon 1999). The petition specifically calls on the commissioners court to "abandon, close, vacate and/or alter County Road 406 in the interest of PUBLIC SAFETY, by closing the road beginning at the Somervell County/Johnson County line and continuing Northwest 175 feet, ending at 911 marker 42465." Petition to Somervell County Commissioners Court (posted Dec. 23, 2002) (emphasis added). As an alternative to closing this section of road, you also ask us to consider the provisions of sections 251.153 and 621.301 of the Transportation Code, which Vol. J L! pg. ,27.5� permit a county to establish weight limits for trucks operating on county roads and bridges County Authority to Regulate Overweight Trucks You ask first whether the county has "any effective regulatory authority to limit truck traffic on CR 406 or the weight thereof?" Request Letter, supra note 1, at 2. Your fourth question is essentially the same, under the assumption that "the majority of the trucks will be overweight permitted by TxDOT." Id. at 4. As you note, section 251.153 of the Transportation Code, a part of the County Road and Bridge Act, permits a commissioners court to "establish load limits for any county road or bridge." Tex. Transp. Code Ann. § 251.153(a) (Vernon Supp. 2003); Request Letter, stgyra note 1, at 2. The same power is reiterated by section 621.301(a) of the code. See Tex. Transp. Code Ann. § 621.301(a) (Vernon Supp. 2003). However, section 621.301(e) provides that a vehicle "may operate ... over a road for which the commissioners court has set a maximum weight under this section" if the vehicle has obtained a permit issued under the following sections: 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or 623.212, which provide for permits for oversize or overweight vehicles. Id. § 621.301(e). Moreover, section 623.018 provides that a commissioners court may not "regulate or restrict the operation of" an overweight vehicle with a permit issued by the Texas Department of Transportation [TxDOT] under section 623.011 "because of weight." Id. § 623.018(d) (Vernon 1999). We note that, pursuant to section 621.353 of the Transportation Code, fifty dollars of the fee collected by TxDOT for each excess weight permit is distributed to the counties, to be shared among them proportionately to the number of miles of county road each county maintains. Id. § 621.353(a). In Scurlock Permian Corp. v. Brazos County, 869 S. W.2d 478 (Tex. App. -Houston [ I st Dist] 1993, writ denied), the covet of appeals considered the relation of the statewide system for permitting overweight vehicles to the power given the county to set load limits and concluded that "the specific provisions of [the statutory predecessor to article 623.0181 are an exception or qualification to the general provisions of the County Road and Bridge Act; and that [the statutory predecessor] prevails." Scurlock, 869 S.W.2d at 486. The scheme of chapters 621 through 623 of the Transportation Code is, as Scurlock points out, intended to "establish statewide uniformity in the permitting of overweight vehicles." Id. at 485. Accordingly, to the extent that the traffic that concerns you consists of trucks with overweight permits issued by TxDOT, the county may establish "load limits," but those limits are not applicable to vehicles that obtain an overweight permit authorized by Texas law. See Tex. Transp. Code Ann. § 623.018 (Vernon 1999). County Prohibition of Truck Traffic Generally As an alternative to county weight regulation of such trucks, you ask whether the county may post this section of road as a "No Thru Truck Traffic" road. Request Letter, supra note 1, at 2. The "commissioners court of a county may regulate traffic on a county road," Tex. Transp. Code Ann. § 251.151 (Vernon 1999), and "may adopt regulations establishing a system of traffic control devices in restricted traffic zones." Id. § 251.155(a). Accordingly, the commissioners court may post this portion of road as a "No Thru Truck Traffic" road. However, a county may not regulate or restrict permitted trucks on the basis of weight if the truck has the appropriate permit, sec id. § 623.018, and therefore must in such a situation Vol. �' Pg. �%G forbid all truck traffic, not merely that of trucks with overweight permits Remedies for Damages You further ask in this regard if "the County's sole remedy [is] a suit against the permittee" and if so, what the burden of proof would be. Request Letter, supra note 1, at 2. Because we cannot determine without reference to any particular situation how the county might be damaged, we cannot canvass every possible cause of action of which the county might avail itself. 1lowever, we note that section 251.160 of the Transportation Code provides joint and several liability for the owner and operator of a vehicle that negligently causes damage to a road or bridge. See Tex. Transp. Code Arm. § 251.160 (Vernon 1999). The elements of a common-law action for negligence are the existence of a legal duty, a breach of that duty, and damages proximately caused by that breach. See Thapar v Zezulka, 994 S. W.2d 635, 637 (Tex. 1999). The general rule in Texas civil cases is that proof must be by a preponderance of the evidence. See Ellis County State Bank a Keever, 888 S.W.2d 790, 792 (Tex. 1994). Methods for Closing County Road, and the Requirement of a Replacement in Some Instances You next ask whether the county may close a portion of a public road without providing a new connecting road. See Request Letter, supra note 1, at 3. There are a variety of methods by which a road can be closed, and neither the petition nor your letter specifies a particular method. "Generally, the commissioners courts have long possessed the power to lay out, open, discontinue, or alter any public road." Smith County v. Thornton, 726 S.W.2d 2, 3 (Tex. 1986). The authority granted a commissioners court to establish and close roads is granted by section 251.051 of the Transportation Code, which provides in relevant part: (b) A unanimous vote of the commissioners court is required to: (I) close, abandon, or vacate a public road; or (2) alter a public road, except to shorten it from end to end. (c) The commissioners court of a county may not discontinue a public road until a new road designated by the court as a replacement is ready to replace it. Tex. Transp. Code Ann. § 251.05.1(b), (c) (Vernon 1999). The various statutory terms appear to refer to different actions a county may take with respect to a county road. For the purposes of chapter 251 of the Transportation Code, "'Discontinue' means to discontinue the maintenance of the road." Id. § 251.001(2). Further, "[a] public road or highway that has been laid out and established according to law and that has not been discontinued is a public road." Id. § 251.002. Accordingly, by the terns of section 251.051, a commissioners court may not cease to maintain a public road as such until a new road is ready to replace it. While the county may not "discontinue" a public road without providing an alternate route, F lo? Y S pg. the provision of section 251.051(b)(1) that it may "close, abandon, or vacate" such a road does not by its terms include such a restriction. The term "close" is not defined in the County Road and Bridge Act. However, both "abandon" and "vacate" are. To abandon is "to relinquish the public's right of way in and use of a road, id. § 251.001(1), and to vacate is "to terminate the existence of the road by direct action of the commissioners court." Id. § 251.001(3). Because the provisions for abandoning or vacating a road do not include the requirement that the road be replaced, the commissioners court may either relinquish the public's right of way in a road or terminate the road's existence without providing a replacement. Similarly, the county may alter a road, as section 251.051(b)(2) suggests, without providing an alternate route. Potential Actions Against County You next ask whether closing CR 406 could "give rise to a damages claim by the quarry owner whose operations do not abut CR 406, but abut Johnson County Road No. 1234." Request Letter, supra note 1, at 3. As you note, section 251.058 of the Transportation Code provides that "[a] property owner may not enjoin" a commissioners court order "to close, abandon and vacate a public road or portion of a public road" unless the property owner owns land abutting the portion of the road in question or the portion of road "provides the only ingress to or egress from" the property. Tex. Transp. Code Ann. § 251.058(a) (Vernon 1999). However, a person whose property abuts the road at another point is not deprived of the "right to seek compensation for damages caused by" depreciation in property values or impairment of a vested right to ingress or egress. Id. § 251.058(c). In this case, the entrance to the quarry owner's property is on Johnson County Road 1234, and as you note CR 406 "runs into Johnson County and becomes Johnson County Road No. 1234." Request Letter, supra note 1, at 3. If the potential action for damages were brought as an inverse condemnation case asserting only that the circuitous route injured the rock -crushing operation, Texas case law would not support it. "[W]e have often disallowed, and never allowed, recovery in an inverse condemnation case for damages resulting from a diversion of traffic or a circuity of travel." State v. Schmidt, 867 S.W.2d 769, 774 (Tex. 1993). However, we caution that the situation about which you ask -effectively closing a county border along what has been a public highway open to through traffic -is highly unusual. We cannot predict with any certainty what possible causes of action or theories of damage an aggrieved party might elect and cannot rule out the potential for exposure to damages. Constitutional Questions Under Article I11, Section 52(a) We note that any decision by the commissioners to grant the petition here is a discretionary one, and as such is subject to review by the district court on an abuse of discretion standard. Among the considerations for the commissioners court, in this regard, is the question of the public benefit of the proposed road closing. Article III, section 52(a) of the Texas Constitution requires that a county not "lend its credit or ... grant public money or thing of value in aid of, or to any individual, association, or corporation whatsoever ...." Tex. Const. all. III, § 52(a). In this case, the grant in question might occur if the commissioners ceded the right of way to the petitioners. The purpose of article III, section 52(a) has been held to be "to prevent the application of public [property] to private purposes." Byrd v City Vol. 2L/ pg. of Dallas, 6 S.W.2d 738, 740 (Tex. 1928) However, the use of public funds or things of value for a legitimate public purpose does not violate the Texas Constitution. See Tex. Mun. League Intergovernmental Risk Pool v. Tex. Workers' Comp. Comm'n, 74 S. W.3d 377, 383 (Tex. 2002). Further, expenditures with a public purpose that incidentally benefit private parties are constitutional. Barrington e Cokinos, 338 S.W.2d 133, 140 (Tex. 1960). The determination as to whether a particular grant of public funds or things of value serves a public purpose is, in the first instance, for the governmental body to make. See, e.g., Young v. City of flouston, 756 S.W.2d 813, 814 (Tex. App. -Houston [111,Dist.] 1988, writ denied). In regard to state statutes, the Texas Supreme Court has devised a three-part test of the matter, requiring the legislature to ensure that the predominant purpose is public, that there are certain controls established so that the purpose is accomplished, and that a benefit is received. See Tex. Mun. League, 74 S. W.3d at 384. Similarly, with respect to counties, this office has said that a commissioners court should determine in good faith that a public purpose is served and place sufficient controls on the transaction so that the purpose is carried out. See Tex. Atfy Gen. Op. No. JC -0582 (2002) at 6. The question of whether the county might violate article III, section 52(a) by abandoning a road pursuant to what is now section 251.058 of the Transportation Code was considered by this office in Attorney General Letter Opinion 94-053. In that case, the Brazoria County commissioners court proposed to allow a subdivision to remove its streets from the county road system and to erect a gate and guardhouse on what, at the time, was a county road. Attorney General Letter Opinion 94-053 concluded that this arrangement did not violate article III, sections 51 and 52 because, under the common law, the easement for a public road reverts, when the road is abandoned, to the owner of the abutting fee, and accordingly upon abandonment a county "has no public property to grant." Tex. Atte Gen. LO -94-053, at 5. It is not clear from the petition or your letter whether the county contemplates ceding the right of way to the abutting landowners. Were the county to do so, however, and were a court to follow the reasoning of Attorney General Letter Opinion 94-053, there would be no constitutional question involved in the action you propose. However, there is a clear factual distinction between closing access to a gated subdivision, as in that case, and closing a regularly traveled public thoroughfare in such a manner that only the residents of the small area in question will be able to travel between two counties on it. Accordingly, the commissioners court would be well-advised to articulate a public purpose for the closing of CR 406. Finally, you note that "[i]t seems unfair that the general public should be burdened with an operation's use of county roads for its business in a manner that increases the cost to the citizens generally of providing such roads." Request Letter, supra note 1, at 4. Policy considerations such as this are a matter for the legislature, rather than of this office in the opinion process. SUMMARY A commissioners court may not impose additional regulations with regard to weight on trucks granted an overweight certificate by the Texas Department of Transportation, but may ban all through truck traffic on a portion of a county road. A commissioners court may not discontinue a public road until a road designated to replace that to be discontinued is ready to replace it. However, the court may abandon or vacate such a road without replacing it. Very truly yours, GREG ABBOTT Attorney General of Texas BARRY R. MCBEE First Assistant Attorney General DON R. WILLETT Deputy Attorney General - General Counsel NANCY S. FULLER Chair, Opinion Committee James E. Tourtelott Assistant Attorney General, Opinion Committee Footnotes 1. See Letter from Honorable Ronald D. Hankins, Somervell County Attorney, to Honorable Greg Abbott, Texas Attorney General (Feb. 5, 2003) (on file with Opinion Committee) [hereinafter Request Letter]. POST OFFICE BOX 12548, AUSTIN,'rEXAS 78711-2548 TCL: (512) 4GJ-2100 W W W.OAG.STATE.TX.US ds Egrml Ernplovmenl Oppnn iN EmplQver HaMe I Opinions Vol. 41p9. �'yD 4) I i 5 o n- B 4ss -/ I -1�5O�ckfejaalt- "�S, e &-S- vol. =�;-- Va. � pg. � a a a I M 1-4 0 O N 00 d' N -ti LO n I ® C B CUJ ca ct +� Ct 4--J ctr7.1 cz ct �' U p ct �+ +a p ® `pct O p ® ct 4-j O O , O bA '� ct i •� C.) U cn to ct C\I • ,—i 4-j ® b -C cn C) °cn [Vol. cd ® U' O U cz � O O � � H Q� 4-j O � O U U U � N U � � � O O � o U N U • O � � O � O O � � O U � N U � � O U 4-� U N LO CV L r • Vol. Pg. 4�� 3 RESOLUTION BY THE GOVERNING BODY OF BRAZOS COUNTY APPROVING THE PURCHASE OF PROPERTY AND CONSTRUCTION OF A NEW OFFICE BUILDING BY THE BRAZOS CENTRAL APPRAISAL DISTRICT WHEREAS, pursuant to Chapter 6 of the Texas Property Tax Code, the Brazos County Commissioners Court appoints a member or members to the Board of Directors of the Brazos Central Appraisal District (`Brazos CAD"); and WHEREAS, pursuant to Section 6.051 of the Texas Property Tax Code, Brazos CAD has the legal right to purchase or lease real property as necessary to establish and operate the Brazos CAD office; and WHEREAS, the Board of Directors of the Brazos Central Appraisal District desires to seek approval to purchase 2.15 acres of land known as Brazos Place, Block 1, Lot 2 and a portion out of the adjacent tract known as Brazos Place, Block 1, Lot 1 and construct an improvement of approximately 11,500 square feet with a total estimated project cost of $3,200,000 to establish and operate the Brazos Central Appraisal District office which is situated in Bryan, Brazos County Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BRAZOS COUNTY COMMISIONERS COURT: 1. That the above recitals are true and correct. 2. That the Brazos County Commissioners Court hereby approves the Brazos Central Appraisal District acquiring approximately 2.15 acres of land. 3. That the Brazos County Commissioners Court hereby approves the Brazos Central Appraisal District constructing an improvement of approximately 11,500 square feet with an estimated project cost of $3,200,000 to establish and operate the Brazos Central Appraisal District office. That it is officially found and determined that this meeting was open to the public as required by law, and that notice of the time, place and subject matter of this meeting has been posted in the manner required by law. RESOLVED THIS 1 51 DAY OF ,1 ATTEST: 0 J -e -A-- 2016 BRAZOS COUNTY COMISSIONERS COURT By:lJ•- Vol. � Pg72-S-L-1- BRAIDS CENTRAL APPRAISAL DISTRICT 1671MAxcxcsr a., YFEA 01 Resolution #2016-1 Mark W. Price Chief Appraiser Telephone: (979) 774-4100 Facsimile: (979) 7744196 RESOLUTION BY THE BOARD OF DIRECTORS OF THE BRAZOS CENTRAL APPRAISAL DISTRICT(BCAD), BRAZOS COUNTY; TEXAS REQUESTING AUTHORIZATION TO PURCHASE LAND AND CONSTRUCT AN IMPROVEMENT TO OPERATE THE BRAZOS CAD OFFICE Whereas, Section 6.051 of the Texas Tax Code authorizes the Board of Directors of an appraisal district to purchase real property and improvements as necessary to establish andoperatethe appraisal office. Whereas, the Board of Directors of the Brazos Central Appraisal District will notify the presiding officer of each governing body entitled to vote on the approval to purchase property which is situated in Brazos County. Whereas, Section 6.051 Texas Tax Code requires that an appraisal district's purchase of such real property and improvements must be approved by three -fourths (3/4) of the taxing units entitled to vote on the appointment of board member(s). Now therefore, be it resolved, by. the Board of Directors of the Brazos Central Appraisal District the desire to seek approval to purchase 2.15 acres of land known as Brazos Place, Block 1, Lot 2 and a portion out of the adjacent tract known as Brazos Place, Block 1, Lot 1, which is situated in Bryan, Brazos County Texas. Be it further resolved, by the Board of Directors of the Brazos Central Appraisal District the desire to construct an improvement of approximately 11,500 square feet with a total estimated.project cost of $3,200,000 to establish and operate the Brazos Central Appraisal District office.. Approved and adopted by the Board of Directors. of the Brazos Central Appraisal District, Bryan, Texas on this 20th day of October, 2016. ATTEST"'� n By: <_T . �.../ Willian Lero, Chairman Io&LT• . ydn, Vice Chairman - •—�•'— F-- � __ � vol. "�q V �. � \NZERNATIOryy� International Security Security Guard & Patrol Services :E` p,.. P.O. Box 10298 College Station, Texas 77842 Office: 979-690-1812 Fax: 979-690-1771 Purchaser: Brazos Center Contact: Joanna Spencer Phone: 979-776-8338 Address: 3232 Briarcrest Drive City, State: Bryan, Texas Zip: 77802 Service Address 0 different than above International Security, hereinafter known as 'Company" hereby agrees to provide Security Service for location described in the attached Lease X Contract Other ( ) on the terms and conditions set forth herein. 1. Term. Subject to the terms, provisions, conditions and agreements set forth herein, the term of this Agreement shall be for an initial term of 2 days (see below) from the date hereof. This agreement shall thereafter be renewed automatically on its anniversary, unless terminated by written notice by either party to the other party not later than 30 days prior to the anniversary. 2. Fee. In consideration of the services rendered by Company, Customer shall pay a fee of $19.50 plus tax per man hour during the initial term payable per daytweekly/semi-monthly/monthly beginning As Needed . If this Agreement automatically renews as set forth above, Company shall have the right, upon thirty (30) days written notice, to increase the Fee to properly reflect escalating costs of Company. If the Customer does not accept such increased fee, then Customer shall cancel the then unexpired term hereof by written notice to Company within fifteen (15) days prior to the otherwise effective date of such increase. 3. Services to be rendered. Provide uniformed securirty officers for events or social gatherings as requested 4. Company Not An Insurer. It is understood and agreed that Company Is not an Insurer. Insurance, If any, shall be obtained by and Is the responsibility of Customer. The payments provided for herein are service payments based solely on the value of the service to be rendered and are unrelated to the value of the Customer's property or the property located on Customers premises. Company makes no guarantee or warranty, including any implied warranty that the services supplied will avert or prevent occurrences which the service is designed to detect or avert of the consequence thereof. 5. Liquidated Damages. In no event shall Company be liable for consequential damage. Customer acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any of the material obligations herein, or the failure of the Company to properly operate with resulting loss to Customer which could have otherwise been avoided, because of, among other things: a. The uncertain amount or value of Customer's property or property of others kept on premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the service may be designed to detect or avert. b. The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of a call being received or an audible device sounding. c. The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or by failure of its equipment to operate, or ACCORDINGLY, Customer understands and agrees that if Company should be found liable for loss or damage due to a failure of Company to perform any of its obligations here, Company's liability shall be limited to Two Hundred Fifty Dollars ($250.00), as liquidated damages and not as a penalty, and this remedy shall be exclusive. 6. Limited Liability. If Customer wishes Company to assume a limited liability in lieu of the liquidated damages as herein above set forth, Customer may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If the Customer elects to exercise this option, a rider shall be attached to the Agreement setting forth the terms, conditions and the amount of the limited liability, and the additional amount to be charged. Such rider and additional obligations shall in no way be interpreted to hold Company as an insurer. 7. Delinquent Payment. If any payment is delinquent ten(10) days, Customer shall pay a delinquency charge of 5% of each delinquent installment in addition to any sum payable hereunder which is not paid when due shall bear Interest from the due date at ten (10%) per annum. Customer shall pay all costs of collection of any delinquent amount, including attorney's fees in the event of delinquency after such 15 days. Company may terminate the Agreement on 5 days written notice to Customer. 8. Taxes, Fees, Fines And Licenses. Customer shall pay all permit fees, taxes and other government or utility charges. Customer acknowledges that all charges set forth herein are based upon existing federal, state and local taxes. Company shall have the right, at any time, to increase the charges for services rendered under this Agreement to reflect any additional taxes, fees, licenses or charges which may hereafter be imposed by any utility or governmental agency, to pay the same in addition to fees payable hereunder. 9. Third Party Indemnification. Company and Customer intend that Company's Security Service shall create rights and obligations only between Company and Customer and not of third parties. 10. Changes In Premises. For so long as this Agreement is in effect, Customer shall notify Company of (i) any changes in ownership or occupancy of the premises, (ii) any change In persons authorized to be on the premises, (iii) any alteration to the premises affecting use of the Security Service and (iv) any changes in telephone numbers for the premises. 11. No Assignment By Customer. Customer agrees not to assign this Agreement to anyone without prior written consent of Company. Any such purported assignment or submitting without such prior written consent of Company shall be wholly null and void and shall not be effective in any manner to transfer this Agreement. 12. Amendment. None of the terms and conditions of this Agreement may be altered without the express written approval of the Company. 13. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the transaction described herein and supersedes all previous negotiations, commitments or agreements, whether written or oral, if any of the terms of provisions of this Agreement shall be determined to be invalid or inoperative, all VfieTr,Ining terms and rovisionns shall nevertheless remain in full force and effect. All notices and payments shall be addressed to the propria pa et forth ab t l By Robert F. Huet Date October 24. 2016 aoanuoueu oy weir uawraI U u, J) �JJI ", -- ------- - -- County; and Whereas there are 23 children from Brazos County legally free for adoption; mid -Whereas the County of Brazos recognizes the importance of giving children in foster care permanent, safe and loving families through adoption when needed; and Whereas every child deserves the chance to grow up in a safe, loving, stable family; and 'Whereas many of these children's only hope for a full and productive life is to be accepted by loving homes; and ^Whereas adoption allows children to be reared in a safe, loving, and nurturing environment with adoptive parents who take on the role of guiding, teaching, nurturing, and loving children in order to provide them the best possible chance for being productive citizens; and 'Whereas we commend these families for the sacrifice they are willing to make to enhance the lives of these children and in so doing, urge all citizens to join in an effort to raise awareness about the importance of adoption; and -Whereas this effort along with similar celebrations this month in all 50 states around the country will offer children the chance to live with stable and loving families and shall encourage other dedicated individuals to make a powerful difference in the lives of a child through adoption; and 'Whereas the children being adopted this month by these loving and special families will have a new chance in life to fulfill their hopes and dreams; and -Whereas this is a special time to celebrate mid we send our best wishes to the children whose adoptions we made final this month and to the wonderful families who will give them unconditional love. Nosy, Therefore, the Commissioners Court of the County of Brazos, in the state of Texas, hereby proclaim November 2016 as "Adoption Awareness Month" in Brazos county and specifically proclaims November 15, 2016 as `Brazos County Adoption Day." Proe(aimedthis 1st da —ber, 2016i�azos County, ^Texas. Duane Peters County Judge Co 'ssioner LlVassern><ann Precinct I Commission4yenny Ivf Wd Precinct 3 Prccinct 4/ Vol. �� Py. 2-fLL STATE OF TEXAS COUNTY OF BRAZOS to BRAZOS COUNTY RESOLUTION ADOPTION OF 2017 BRAZOS COUNTY INVESTMENT POLICY WHEREAS, the Texas Legislature set forth the Public Funds Investment Act in Government Code Section 2256, and WHEREAS, compliance with the Public Funds Investment Act requires that each county adopt by resolution a County Investment Policy; . . NOW, THEREFORE, BE IT RESOLVED, the Commissioners Court of Brazos County, in a regular meeting duly convened and acting in Its capacity as the governing body of Brazos County, hereby affirms the attached 2017 Brazos County Investment Policy. IN WITNESS WHEREOF, we qayq hereunto set our hands and caused the seal of Brazos County toe a d this of November 2016. HON. D ANE PETERS, COUNTY JUDGE iC4et &JA*.4.w...-, HON. LL YD WASSERMANN COMMISSIONER #1#1 \I HON. KENN MALLARD COMMISSIONER, PCT #3 I_y�17�i �e_ H N. KAREN MCQUEEN COUNTY CLERK INVESTMENT POLICY FOR BRAZOS COUNTY 1.0 INVESTMENT AUTHORITY AND SCOPE OF POLICY 1.1 This policy serves to satisfy the statutory requirements of Local Government Code 16.112 and Government Code Chapter 2256, Public Funds Investment Act, Sub -chapters A and B, to define and adopt a formal investment policy. The Commissioners Court of Brazos County shall review its investment policy not less than annually and shall adopt a written instrument by resolution stating that it has reviewed the Investment policy and that the written instrument so adopted shall record any changes made to the investment policy 1.2 In accordance with Texas Local Government Code, Section 116.112 (a) or Chapter 2256, Section 2256.005 (f) and (g) of the Public Funds Investment Act, the County Treasurer, under direction of Commissioner's Court, is authorized to invest County funds that are not immediately required to pay obligations of the County. By the approval of this policy, the Commissioners' Court designates the County Treasurer as Investment Officer, assisted by the Deputy Treasurer certified as a County Investment Officer by TAC, to be responsible for the investment of Its funds consistent with the County's investment policy. Authority granted to a person to invest the County's funds is effective until rescinded by the Commissioner's Court, until the expiration of the officer's term, or until tennination of the person's employment by the County. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing County. An Investment Officer who has a personal business relationship with a business organization offering to engage in an investment transaction with the County shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree by affinity or consanguinity to an Individual seeking to sell an Investment' to the County shall file a statement disclosing that relationship. This statement must be flied with the Texas Ethics Commission and the Brazos County Commissioners Court. For the purposes of this requirement, and Investment Officer has a personal business relationship with a business organization If: 1.2.1 The Investment Officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; P o l 1.2.2 Funds received by the Investment Officer from the business organization exceed ten (10) percent of the Investment Officer's gross income for the previous year, or 1.2.3 The Investment Officer has acquired from the business organization during the previous year Investments with a book value of $2,500 or more for the personal account of the Investment Officer. 1.3 An appointed investment Advisory Committee shall be approved by Commissioners' Court. This Committee will serve In an advisory capacity to the County's Investment Officer. The Committee will meet twice a year or as requested by the County's Investment Officer to review strategies and monitor the progress of the County's investment program. 2.0 INVESTMENT OBJECTIVES 2.1 POLICY. It is the policy of Brazos County to invest public funds in a manner, which will provide the highest investment return while seeking to ensure the preservation of capital and to meet the daily cash flow demands of the County. This investment policy applies to all financial assets of all funds of Brazos County at the present time, any funds to be created in the future, and any other funds held in custody by the County Treasurer, unless expressly prohibited by law. 2.2 GENERAL STATEMENT. Funds of the County will be invested in accordance with federal, state, and local statutes, this investment policy, and written administrative procedures and strategies that have been adopted by Commissioners' Court resolution and revised as needed. 2.3 SAFETY. Brazos County is concerned about the preservation of its principal; therefore, the return of principal and safety of principal are primary objectives in any investment transaction. 2.4 LIQUIDITY. The County's investment portfolio must be structured to conform to an asset/liability management plan, which provides for the liquidity necessary to pay obligations as they become due. 2.5 YIELD. It will be the objective of the County to earn a yield higher than that paid on 91 -day T -Bilis within the policies imposed by its safety and liquidity objectives, investment strategies for each fund, and state and federal law governing the investment of public funds. 2.6 DIVERSIFICATION. It will be the policy of Brazos County to diversify Its portfolio to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of investments. Investments selected by the County shall always provide for stability of Income and reasonable liquidity. 2.7 MATURITY. Portfolio maturities will be structured to meet the obligations of the County first and then to achieve the highest return of Interest. When the County has funds that will not be needed to meet current -year obligations, maturity restraints will be imposed based upon the investment strategy for each fund. The maximum allowable stated maturity of any individual investment owned by the County is two (2) years. The maximum dollar -weighted average maturity for pooled fund groups shall be 180 days. 2.8 QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT. It Is the County's policy to provide the training required by the Public Funds Act, Sec. 2256.008 through courses and seminars offered by professional organizations and associations. This training will insure the quality, capability and currency of the Treasurer/County Investment Officer in making Investment decisions. 2.8.1 The Treasurer/County Investment Officer shall: 2.8.1.1 Attend at least one training session from the County Treasurers' Association of Texas, Texas Association of Counties, GFOA, or an approved source containing at least ten (10) hours of Instruction relating to .the Treasurer's/CIO's responsibilities under the Public Funds Investment Act within 12 months after taking office or assuming duties; and 2.8.1.2 Attend an investment training session not less than once in a two-year period that begins on the first day of the County's fiscal year and consists of the two consecutive fiscal years after that date and receive not less than 10 hours of Instruction relating to Investment responsibilities under the PFIA from the County Treasurers' Association of Texas, Texas Association of Counties, GFOA, or an approved source. 2.8.2 Training under this section must Include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the PFIA. RW1-EEffMT[=ktf f:Jaied;r; Yt The Brazos County Investment Officer shall use any or all of the following authorized investment instruments consistent with governing law: 3.1 OBLIGATIONS OF, OR GUARANTEED BY, GOVERNMENTAL ENTITIES �Vol. P43��.L�_ — 3.1.1 Obligations of the United States or its agencies and Instrumentalities; 3.1.2 Direct obligations of the State of Texas or its agencies and instrumentalities; 3.1.3 Other obligations, the principal of and interest on which are unconditionally guaranteed or Insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 3.1.4 Obligations of states, agencies, counties, cities, and other political sub -divisions of any state having been rated as to investment quality by a nationally recognized investment rating firm not less than W or its equivalent. 3.2 CERTIFICATES OF DEPOSIT if issued by a depository Institution that has its main office or a branch office In this state and is: 3.2.1 102% collateralized; 3.2.2 Guaranteed or insured by the Federal Deposit Insurance corporation or its successor; 3.2.3 Secured by obligations that are described in Section 3.1 of this policy, including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage-backed securities of the nature described by Section 3.8 of this policy; or 3.2.4 Secured in any other manner and amount provided by law for deposits of the County. 3.3 A FULLY COLLATERALIZED REPURCHASE AGREEMENT, as defined in the Pubirc Funds investment Act, is an authorized investment under this section if the repurchase agreement: 3.3.1 Has a defined termination date; 3.3.2 Is secured by a combination of cash and obligations that are described in Section 3.1 of this policy, including mortgage backed securities directly Issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates; 3.3.3 Requires the securities being purchased by the County or cash held by the County to be pledged to the County, held in the 3.4 3.5 County's name, and deposited at the time the investment is made with the County or with a third party selected and approved by the County; and 3.3.4 Is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business In this state. A BANKERS` ACCEPTANCE if it 3.4.1 Has a stated maturity of 270 days or fewer from the date of its issuance; 3.4.2 Will be, in accordance with its terms, liquidated in full at maturity; 3.4.3 Is eligible for collateral for borrowing from a Federal Reserve Bank; and 3.4.4 Is accepted by a bank organized and existing under the laws of the United Sates or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. COMMERCIAL PAPER is an authorized investment under this subchapter if the commercial paper: 3.5.1 Has a stated maturity of 270 days or fewer from the date of its Issuance; and 3.5.2 Is rated not less than A-1 or P-1 or an equivalent rating by at least two nationally recognized credit rating agencies; or one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit Issued by a bank organized and existing under the laws of the United States or any state. 3.5.3 Relative to Commercial Paper, the County may not 3.5.3.1 Have more than 25% of the portfolio invested in Commercial Paper at the time of any one commercial paper purchase; 3.5.3.21 -lave more than a $2 million purchase in any one Commercial Paper issue; or ---------------------- 3.5.3.3 Purchase Commercial Paper unless it is on the list of issuers approved by the Investment Advisory Committee and mailed to the approved broker/dealers for review. 3.6 MONEY MARKET MUTUAL FUNDS if the Commissioners' Court by resolution authorizes investment in the fund with limitations described below: 3.6.1 A no-load money market mutual fund is authorized if it 3.6.1.1Is registered with and regulated by the Securities and Exchange Commission; 3.6.1.2 Provides the investing entity with a prospectus and other Information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); 3.6.1.3 Has a dollar -weighted average stated maturity of 90 days or fewer; and 3,6.1.4Includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. 3.6.2 Relative to money market mutual funds, the county may NOT 3.6,2.1 Invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one money market mutual fund in an amount that exceeds 10 percent of the total assets of the money market mutual fund. 3.7 ELIGIBLE INVESTMENT POOLS 3.7.1 Brazos County may invest its funds and funds under its control through an eligible investment pool, as defined in the Public Funds InvestmentAc4 if the Commissioners' Court by resolution authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by the Public Funds.InvesbnentAct. 3.7.2 Brazos County will not invest more than 60% of its funds in an investment pool for longer than a three-month period. 3.8 PROHIBITED. The Brazos County Investment Officer will make no investments in derivative products. The Public Funds Investment Act specifically prohibits the following Investments: 3.8.1 Obilgations whose payment represents the coupon payments on the out -standing principal balance of the underlying mortgage- backed security collateral and pays no principal; 3.8.2 Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; 3.8.3 Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and 3,8.4 Collateralized mortgage obligations the Interest rate of which Is determined by an index that adjusts opposite to the changes in a market index. 3.9 Effect of Loss of Required Rating. An investment that requires a minimum rating under the PFIA does not qualify as an authorized investment during the period the investment does not have the minimum rating. The County Treasurer/Investment Officer shall take all prudent measures that are consistent with this investment policy to liquidate an investment that does not have the minimum rating. The County, however, is not required to liquidate investments that were authorized investments at the time of purchase. 4.0 INVESTMENT STRATEGIES 4.1 In accordance with the Public Funds Investment Act, a separate written investment strategy will be developed for each of the funds or group of funds under Brazos County's control. Each strategy must describe the investment objectives for the particular fund using the following priorities in order of Importance: 4.1.1 Understanding of the suitability of the investment to the financial requirements of the County; 4.1.2 Preservation and safety of principal; 4.1.3 Liquidity; 4.1.4 Marketability of the investment if the need arises to liquidate the investment before maturity; 4.1.5 Diversification of the investment portfolio; 4.1.6 Yield; and 4.1.7 Maturity restrictions. 4.2 The Commissioners' Court of Brazos County shall review its investment strategies not less than annually and shall adopt a written Instrument by resolution stating that it has reviewed the investment strategies and that the written Instrument so adopted shall record any changes made to Investment strategies. 5.0 INVESTMENT RESPONSIBILITY AND CONTROL 5.1 INVESTMENT INSTITUTIONS DEFINED. Brazos County funds shall be Invested with or through any or all of the following institutions or groups consistent with federal and state law and the current Depository Bank contract: 5.1.1 Depository bank; 5.1.2 Other state or national banks domiciled in Texas that are insured by FDIC; 5.1.3 Savings and loan associations domiciled in Texas that are insured by FSLIC (or its successor); 5.1.4 Public funds investment pools; or 5.1.5 Government securities brokers and dealers meeting the following qualifications: 5.1.5.1 A written copy of this investment policy shall be presented to any person offering to engage in an investment transaction with the County. For purposes of this section, a business organization includes investment pools. Nothing in this section relieves the County of the responsibility for monitoring the investments made by the County to determine that they are In compliance with the investment policy. 5.1.5.2 The qualified representative of the business organization offering to engage in an investment transaction with the County shall execute a written instrument in a form acceptable to the County and the business organization substantially to the effect that the business organization has; Vol. 5.2 5.1.5.2.1 Received and reviewed the investment policy of the County; and 5.1.5.2.2 Acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the County and the organization that are not authorized by the County's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the County's entire portfolio or requires an interpretation of subjective investment standards. 5.1.5.3The County Investment Officer may not acquire or otherwise obtain any authorized investment described In the County's investment policy from a person who has not delivered to the County the Instrument required above. 5.1.5.4The Brazos County Investment Advisory Committee shall, at least annually, review, revise, and recommend a list of qualified brokers to the Commissloners' Court. The Court shall adopt the list of qualified brokers who are authorized to engage in investment transactions with the County. Selection of brokers will be based upon the following: 5.1.5.4.1 Qualifications and capabilities of the firm in STANDARDS OF OPERATION 5,2.1 The County Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program consistent with this Investment policy. 5.2.2 It shall be the policy of the County that all transactions, except investment pool funds and money market mutual funds, be settled on a delivery versus payment basis. II VDI. —4z — QS• dealing with public entities; 5.1.5.4.2 Qualifications and capabilities of the relationship manager, 5.1.5.4.3 Market capitalization of the firm: 5.1.5.4.4 The number of transactions won through competitive bidding; 5.1.5.4.5 Prompt and accurate confirmation of transactions; 5.1.5.4.6 Efficient securities delivery; 5.1.5.4.7 Accurate market Information; and 5.1.5.4.8 Account servicing. STANDARDS OF OPERATION 5,2.1 The County Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program consistent with this Investment policy. 5.2.2 It shall be the policy of the County that all transactions, except investment pool funds and money market mutual funds, be settled on a delivery versus payment basis. II VDI. —4z — QS• 5.2.3 All investment funds will be placed directly with qualified financial Institutions. The County will not deposit nor invest through third parties or money brokers. 5.2.4 The market price of the County's investments shall be monitored by soliciting prices at least quarterly from a qualified broker. 5.3 PRUDENT STANDARD OF CARE. 5.3.1 In the administration of the duties of the Investment Officer, the person designated as Investment Officer shall exercise the judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for Investment, considering the probable safety of capital and the probable income to be derived. The Commissioners' Court of Brazos County; however, retains ultimate responsibility as fiduciaries of the assets of the County. Investment of funds shall be governed by the following investment objectives, in order of priority: preservation and safety of principal; liquidity; and yield. 5.3.2 In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 5.3.2.1 The investment of all funds, or funds under the County's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and 5.3.2.2 Whether or not the investment decision was consistent with the written Investment policy of the entity. 5.4 COLLATERAL OR INSURANCE. The Brazos County Investment Officer shall insure that all County funds are 102% collateralized or Insured consistent with federal and state law and the current Bank Depository Contract in one or more of the following manners: 5.4.1 FDIC insurance coverage; 5.4.2 Obligations of the United States or Its agencies and Instrumentalities; 5.4.3 Direct obligations of the State of Texas or Its agencies; 5.4.4 Other obligations, the principal of and interest on which are unconditionally guaranteed or Insured by the State of Texas or the United States or its agencies and instrumentalities; 10 5.4.5 Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized Investment rating firm and having received a rating of not less than OK or Its equivalent; or 5.4.6 Any other manner allowed by law. 5.5 SAFEKEEPING 5.5.1 All securities purchased by the County shall be held in safekeeping by the County, or a County account in a third party financial institution, or with the Federal Reserve Bank. 5.5.2 All Certificates of Deposit, insured by the FDIC, purchased outside the Depository Bank shall be held in safekeeping by either the County or a County account In a third party financial Institution. 5.5.3 All pledged securities shall be held in safekeeping by the County, or a County account in a third party financial Institution, or with a Federal Reserve Bank. 5.6 AUDIT CONTROL. 5.6.1 The Investment Officer of Brazos County will establish a liaison with the County Auditor In preparing investment forms for accounting and auditing control. 5.6.2 The Commissioners' Court of Brazos County shall have an annual financial audit of all County funds by an Independent auditing firm, as well as an annual compliance audit of management controls on investments and established Investment policies. 5.6.3 If the County invests in other than money market mutual funds, investment pools or accounts offered by Its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the Investment Officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the Commissioners Court by that auditor. 6.0 INVESTMENT REPORTING AND PERFORMANCE EVALUATION 6.1 QUARTERLY REPORT. At least quarterly, the Investment Officer shall prepare and submit to the Commissioners' Court a written report of investment transactions for all funds for the preceding reporting period within a reasonable time after the end of the period. The report must 6.1.1 Describe in detail the investment position of the County on the date of the report; 11 Vol. 6.1.2 Be prepared jointly by all Investment officers of the County; 6.1.3 Be signed by each of the investment officers of the County; 6.1.4 Contain a summary statement of each pooled fund group that states the following: 6.1.4.1 Beginning market value for the reporting period; 6.1.4.2 Ending market value for the period; 6.1.4.3 Fully accrued Interest for the reporting period; and 6.1.4.4 The dollar -weighted average maturity of the portfolio. 6.1.5 State the book value (the original acquisition cost of an investment plus or minus the accrued amortization or accretion) and the market value (current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date) of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; 6.1.6 State the date of maturity of each separately invested asset that has a maturity date; 6.1.7 State the account or fund or pooled group fund in the County for which each individual investment was acquired; and 6.1.8 State the compliance of the investment portfolio of the County as it relates to the following: 6.1.8.1 The investment strategy expressed in the County's investment policy, and 6.1.8.2 Relevant provisions of Chapter 2256, Texas Government Code, as amended. 6.2 NOTIFICATION OF INVESTMENT CHANGES. it shall be the duty of the County Investment Officer of Brazos County, Texas, to notify the Brazos County Commissioners' Court of any significant changes in current investment methods and procedures prior to their implementation. 7.0 DEPOSITORY FOR COUNTY FUNDS 7.1 DEPOSITORY CONTRACT. 12 Ivol. P9. i 7.1.1 The Commissioners' Court of Brazos County at its May regular term immediately following each general election for state and county officers shall contract with one or more banks in the county for the deposit of the County's public funds. The County shall contract with a bank for a two-year or four-year contract term. 7.1-.2 If the contract is for a four-year term, the contract shall allow the bank to establish, on the basis of negotiations with the County, new interest rates and financial terms of the contract that will take effect during the final two years of the four-year contract if: 7.1.2.1 The new financial terms do not Increase the prices to the County by more than 10 percent, and 7.1.2.2 The County has the option to choose to use the initial variable Interest rate option or to change to the new fixed or variable interest rate options proposed by the bank. 7.1.3 The provisions set forth in Chapters 116 and 117 of the Local Government Code will regulate the establishment of the depository, security for funds held by the depository, depository accounts, and liabilities. 7.2 COLLATERAL will be provided by the Depository In accordance with Government Code 2257, Subchapters A and B. 8.0 DEFINITIONS. 8.1 BOND PROCEEDS means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. 8.2 BOOK VALUE means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. 8.3 FUNDS means public funds in the custody of the County that: 8.3.1 Are not required bylaw to be deposited in the state treasury, and 8.3.2 The County has authority to invest. 8.4 INVESTMENT POOL means an entity created under Chapter 2256 of the Government Code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives, in order of priority are: preservation and safety of principal, liquidity, and yield. 8.5 MARKET VALUE means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market -pricing source quoted on the valuation date. 13 Vol. 2�C/ Pg. 0 8.6 POOLED FUND GROUP means an Internally created fund of the County in which one or more institutional accounts of the County are invested. 8.7 QUALIFIED REPRESENTATIVE means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: 8.7.1 For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; 8.7.2 For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or 8.7.3 For an Investment pool, the person authorized by the elected or official board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. 8.8 SEPARATELY INVESTED ASSET means an account or fund of the County that is not Invested in a pooled fund group. 14 BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Date: Requesting Department: BC C'pN31Ae%rr i�T 3 Grant Title: NRA �;VW60ft6.✓ `Aw ENFRf-5—# F 611fW7 Granting Agency: NRA rroyNDR71on1 Amount Requested: Grant Term (Beg/End): TAN vARcr o%o l 7 Project Description: coR/tN'T W G2 Sr—%Ao0L Will this grant fund salary & benefits? Yes No Is there County Match requirement? ❑ Yes No Are there financial reporting requirements? 7 Yes M No Who will be reporting? C Nt6F-,')EPj-r4 M L W E I -Y *Please include all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by Commissioners Court prior to the application submission. Authorized Signature A roved by Commissioners Court on this day of (�Vt°� Commissioners Court Ap roval �i�l. ,� �� P9• ��D �I 1 COMMISSIONER COURT MINUTES OF NOVEMBER 1, 2016 ARE CONTINUED IN VOLUME 245 PAGE 1 i COMMISSIONER COURT MINUTES OF NOVEMBER 1, 2016 ARE CONTINUED FROM VOLUME 244 z ; rr' al NY" class Number. Pay Group: FLSA Status: Approved Date: Position End Date: 1- Brazos County Job Description Last Updated: September 2015 TanpW R*vWW 12 Oene7012 1557 Title: Teacher 16 Department: Sheriff -Jail Non Exempt Reports To: DO Sergeant (Programs) 10/0112015 EEOC Category: Technicians 0913012017 Temporary Employee Signature: --- - General Summary: _ ' To plan, organize and implement an appropriate Instructional program in a teaming environment that guides and encourages inmates to develop and fulfill their scademlo pdentlal. Essential Duties: Other duties may be assigned. Plan, prepare and deliver instructional adivitles Unffifadlhate active teaming experiences: Develop schemes of work and lesson plans; Establish and communicate clear objectives for all teaming activities; Prepare classroom for class ectivties; Provide a variety of teaming materials and resources for we In educational activities; Identify end sated diffarent Instructional resources and methods to meet students' varying needs; Provide appropriate feedback on werk; Encourage and monitor the progress of Individual students; Maintain amurste and complete records of atudene progress and development; Menage student behavior In are dossroom by establishing and enforcing rules and procedures; Follow mks and procedures for managing students in the correctional selling. Other Duties as assigned. (1%) supervision_ Received: From D.O. Sergeant - Given: This Is a non -supervisory position. Education Required: 9achelote degree or higherfrom an accredited institution - - Preferred: Experience Required: To perform this job successfully, an Individual must be able to perform each assanUal duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ablihy required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Texas Teaching certificate Preferred: Physical Demands Typical: The Physical demands described here are representative of those that must be mel by an employee to sueceasfuey perfomn the essential fundlons of this Job. Reasonable aeeommodaWns may be made to enable Individuals with disabilities to perform the essential functions. While Performing the dutiesofthis Job, the employee Is regularly required to sit; use hands to Anger, handle, or Pooh, 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, and 0Ccasfonalymust ltd andior move objects weighing 50 pounds or more. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust rows. Knowledge, Skills, & Abilities Typical: Standard ofike equipment and eanputers. Opemtemmputers, including word processtrg and spreadsheet software; operate fire and safety equipment and firearms; read and write reports, letters, and memos; perform bask mathematical calculations; analyte data; follow Insbuctions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers, prisoners, and the general pubtic Work Environment Typical: The work environment characteristics described here are representative of" an employee encounters while performing the essential functions of this job. Reasonable accommodations may be mads to enable Individuals with disabglbs to perform the essential functions. The nose level in the work environment Is usually high. While pedomdng the essential duties of this job, the employee Is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closety with othons apart of a team. The employee Is frequently, requlmd to respond to emergency situations In which there may be danger or physical abuse. APPROVED uane Peters date County Judge VoL___�_ Pg. 1� NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Executive Offices: 175 Water Street, New York, NY 10038 (212) 770-7000 (a capital stock company, herein referred to as the Company) Medical Excess LLC, One MacArthur Place, Suite 620, South Coast Metro, California 92707 (800) 634-7462 APPLICATION FOR INSURANCE COVERAGE Applicant (Plan Sponsor): Brazos County Proposed Effective Date: November 1, 2016 Name of Employer: Brazos County Initial Premium Deposit: $317,444.25 Address: 300 E 26th St, Bryan, TX, 77803.5359 Telephone Number: n/a Type of Business: Executive offices Other Locations: ❑ Yes ® No If yes, where: If any subsidiary or affiliated companies (under common control through stock ownership, contract etc.) are to be included, list legal name, address and nature of business. Name(s): Address: Type Of Business Broker(s): Address: Stop Loss Insurance Services Inc. 6575 West Loop South, Ste 230, Bellaire, TX 77401 Third Party Administrator(s): Address: Blue Cross and Blue Shield of Texas 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 PPO Name(s): Address Coverage Area Blue Cross and Blue Shield of Texas 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 TX, MI, MO Medical Management Facilities (Entities): Blue Cross and Blue Shield of Texas Utilization Management Firm (Other than TPA): Blue Cross and Blue Shield of Texas Address: 14643 Dallas Parkway, Ste 850 TX 75254 TX MI, MO Address: 14643 Dallas Parkway, Ste 850 TX 75354 TX MI , MO Benefit Options (Describe all medical plan choices available to all employees during Open Enrollment whether they are included or not included under Stop Loss.) Plan Description(s): Included Not Included Coverage Applied For: ® Specific Stop Loss ® Aggregate Stop Loss ❑ Life and AD&D — Complete Life Questionnaire M20006-TX-NUFIC 1 of4 Active Employees and their Eligible Dependents Retired Employees and their Eligible Dependents Disabled Employees and their Eligible Dependents COBRA Employees and their Eligible Dependents Enrollment By Coverage Categories Single Employee 558 Family 369 Not Included ■ �I Insurance applied for replaces prior coverage as follows: ® Yes ❑ No If yes, Complete Information Below Name of Company Type of Coverage Termination Date Voya (II IG) Self funded October 31, 2016 SPECIFIC EXCESS LOSS INSURANCE: Included Specific Deductible Amount per Covered Participant for the Coverage Period: Number of Covered Included Participants ® 758 ® 169 Specific Percentage Reimbursable per Covered Participant: 100°Jo Not Included ■ �I Insurance applied for replaces prior coverage as follows: ® Yes ❑ No If yes, Complete Information Below Name of Company Type of Coverage Termination Date Voya (II IG) Self funded October 31, 2016 SPECIFIC EXCESS LOSS INSURANCE: Included Specific Deductible Amount per Covered Participant for the Coverage Period: $100,000 Annual Limit of Liability per Covered Participant for the Coverage Period: None Lifetime Limit of Liability per Covered Participant: Unlimited Lifetime Limit of Liability for Mental, Nervous, Drug and Alcohol Abuse: As Stated in Plan Document Specific Percentage Reimbursable per Covered Participant: 100°Jo Monthly Premium Rates payable per Covered Participant Unit for the Coverage Period Single Employee $147.59 Family $507.97 MINIMUM PREMIUM: ® Is the greater of 1) the sum of the fust four months Premiums or 2) the fust month's Premium Multiplied by four. ❑ Not Applicable Specific Coverage Basis Incurred and Paid Incurred and Paid with Run -In Period of N/A Months Incurred and Paid with Run -Out Period of N/A months Incurred in 26 months and Paid within 14 months Specific Benefits Medical Prescription Drug Plan (Card) Optional Specific Benefits Specific Terminal Liability Experimental/Investigational & Medical Necessity Specific Cash Flow Assistance Benefit Aggregating Specific Corridor: ® Flat Corridor Amount $60,000.00 ❑ Factor ❑ Minimum Corridor Amount ❑ Adjusted Specific Deductible: M20006-TX-NUFIC 2 of 4 BPaid (Renewal Option only) Include Run -In Limit of Covered Not Covered ® ❑ ® ❑ Vol._- i'q_ ADDITIONS AGGREGATE EXCESS LOSS INSURANCE: Included Monthly Aggregate Factors: Composite $1,236.18 Estimated Annual Aggregate Attachment Point: $16,043,144 Minimum Aggregate Attachment Point $16,043,144 Limit of Liability for the Coverage period $1,000,000 Aggregate Percentage Reimbursable: 100% AGGREGATE PREMIUM PAYABLE: Per Employee Per Month of: $2.48 MINIMUM PREMIUM: INCLUDED NOT INCLUDED ® Is the greater of 1) the sum of the first four months Premiums or 2) the first month's Premium Multiplied by four. ❑ Not Applicable Aggregate Coverage Basis: Incurred and Paid Incurred and Paid with Run -In Period of N/A Months Incurred and Paid with Run -Out Period of N/A months Paid (Renewal Option only) Include Run -In Limit of $2,566,903.00 Incurred in 26 months and Paid within 14 months AGGREGATE BENEFITS COVERED NOT COVERED Medical ® ❑ Prescription Drug Plan (Card) ® ❑ Dental ❑❑ 0 Vision Weekly Income ❑ ❑ Optional Aggregate Benefits ❑ Monthly Aggregate Protection Endorsement Premium: ❑ Premium Rate Per Employee Per Month: ❑ Included In Above Aggregate Premium ❑ Annual Premium: ❑ Aggregate Terminal Liability Endorsement Premium: ❑ Premium Rate Per Employee Per Month: ❑ Included In Above Aggregate Premium ❑ Annual Premium: M20006-TX-NUFIC 3 of4 J Vol, �iys _ Pq, The Excess Loss Disclosure Statement is to be completed by the Applicant and will be attached to and become a part of this Application. INSURANCE FRAUD WARNING Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement, or conceals information for the purpose of misleading, may be found guilty of insurance fraud and may be subject to criminal and/or civil penalties. The Applicant hereby applies for Stop Loss, Life, and/or other Insurance coverage and: I. Represents that the answers included in this application, the attached questionnaires and the Excess Loss Disclosure Statement have been reviewed and are true and complete to the best of the Applicant's knowledge and belief; 2. Understands and agrees that insurance applied for shall not become effective until the application for insurance is approved by the Company. 3. Agrees that if the insurance applied for is approved by the Company, the Applicant will pay all premium due after the effective date of insurance, including any premium which may accumulate between the effective date of the insurance and the date the Policy is issued. This Application, as it may be amended, will become part of the Policy, if issued. FOR HOME OFFICE USE ONLY Approved: [Yes ❑ No 11 Reviewe A ro d BI Approved Date 11 I 01 I l b NUO006-TX-NUFIC 4 of 4 Vol NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Executive Offices: 175 Water Street, New York, NY 10038 (212)770-7000 (a capital stock company, herein referred to as the Company) Medical Excess, LLC One MacArthur Place Suite 620 South Coast Metro, California 92707 (800) 634-7462 Mail All Payments To Lock Box Address Of: Medical Excess, LLC Dept. 2173 Los Angeles, CA 90084.2173 Excess Loss Disclosure Statement This Disclosure Statement is attached to and forms a part of the Application for: Applicant: BRAZOS COUNTY Proposed Effective Date: 11101/2016 Instructions for Completion HIPAA Privacy permits the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as a part of "health care operations". National Union Fire Insurance Company of Pittsburgh, PA. (hereafter referred to as The Company) shall use the information provided solely for the purpose of evaluating the acceptability of this risk and shall not disclose any PHI collected except in performing this risk evaluation. The Company will rely upon the information provided on the attached disclosure form, which will become part of the Application for stop loss coverage. The purpose of the form is to allow the Company to take underwriting action on all known risks in the categories listed below. It is the Plan Sponsor's responsibility, either directly or through their designated representative, to accurately report all claims known as of the date of this disclosure by making a thorough review of all applicable records. Such records shall include historical claims reports, disability records, current information from administrators, insurers, utilization management companies, managed care companies, and any Agent/Broker of the Plan Sponsor. In exchange, the Company will accept the liability for any truly unknown risks. The attached disclosure form must be completed and signed by the appropriate parties no more than Ninety (90) days prior to the proposed Effective Date of stop loss coverage and received by the Company within five (5) days of completion. Upon receipt of the completed disclosure, the Company will assess all data, new and previously reported, and will inform the producer in writing within five (5) days of any changes to the rates, factors or terms of coverage. The Company reserves the right to rescind the proposal in its entirety based upon a review of all information submitted during the proposal process. List on the Disclosure Form all risks known to: 1. Be currently disabled, confined to a Medical Facility, or have been precertified within the last three months. 2. Have received medical services during the current plan year the cost of which exceeds the lesser of, 50% of the lowest Specific Retention Amount applied for or $50,000, and for which bills have been received by the Claims Administrator and entered into their Claims System. 3. Have been identified as a candidate for Case Management and as having the potential to exceed during the policy period, the lesser of, 50% of the lowest Specific Retention Amount applied for, or $50,000. 4. Have been diagnosed, during the current plan year, with a condition represented by any of the ICD-9 codes contained in the attached list and have also received medical services costing $5,000 during the same period. If the Plan Sponsor fails to disclose any risk known to fall into one of the above categories, either intentionally or because a thorough review of all records was not conducted, then the Company will have no liability for claims on the risk not disclosed. M20015 STD ICD-9 Codes for Disclosure Notification Please List all Plan Participants who have been diagnosed with or treated for any of the codes listed under the following categories during the current Benefit Period: 001-139 fnfecrious and Paracldc Dlseaser 038-038.9 Septicemia 042 AIDS/HIV 070-070.9 Viral Hepatitis 460.519 Diseases nfthe Respiratory System 480486 Pneumonia 490496 Chronic Obstructive Pulmonary Disease (COPD), etc. 140-239 515 Postinflammatory Pulmonary Fibrosis Glands, 518-518.89 Pulmonary Collapse and/or Respiratory Failure and/or 520-579 Diseases ofthe Dleea&e Svstem 555-555.9 Regional Entedtis(Crohn's Disease) 560.0-560.9 Intestinal Obstruction 562.1 Diverticulitis of Colon 567-567.9 Peritonitis 569.0-569.9 Other Disorders of intestine 570-571.9 Liver Diseases and Cirrhosis 572.8 Other Sequela of Chronic Liver Disease 573-573.9 Other Liver Disorders 577-577.9 Pancreas Diseases 578-578.9 Gastrointestinal Hemorrhage 580-629 Diseases of the Gmloourinary System 584-584.9 Acute Renal Failure 585 Chronic Renal Failure Neoplasms 140-149.9 Malignant Neoplasm of Lip, Major Salivary Quadriplegia and Quadriparesis Gum, Mouth, Oropharyax, Nasopbaryux, Reye's Syndrome Hypopharynx 150-150.9 Malignant Neoplasm of Esophagus 151-151.9 Malignant Neoplasm of Stomach 153-153.9 Malignant Neoplasm of Colon 154-154.8 Malignant Neoplasm of Rectum 155-155.2 Malignant Neoplasm of Liver 157-157.9 Malignant Neoplasm of Pancreas 161-161.9 Malignant Neoplasm of Larynx 162162.9 Malignant Neoplasm of Lung 170-170.9 Malignant Neoplasm of Bone 174-174.9 Malignant Neoplasm of Female Breast 179-182.8 Malignant Neoplasm of Uterus or Cervix 183-I83.9 Malignant Neoplasm of Ovary 185 Malignant Neoplasm of Prostate 186-186.9 Malignant Neoplasm of Testis 188-189.9 Urinary Malignant Neoplasm of Bladder, Kidney, Uri 191-191.9 Malignant Neoplasm of Brain 192-192.9 Malignant Neoplasm of Nervous System 194-194.9 Malignant Neoplasm of Endocrine Glands 195-195.8 Malignant Neoplasm of Other 111 -Defend Sites 196-196.9 Secondary Malignant Neo. Lymph Nodes 197-197.8 Secondary Malignant Neo. Respty and Digestive Systems 198-198.89 Secondary Malignant Neo. Other Specified Sites 200-208.9 Lymphoma and/or Leukemia 235 Neoplasm Uncertain Behavior 239.2 Neoplasm Unspecified Nature -Bone, Skin 240-279 Endocrine. Nutritional, Metabolic, immanity 250-250.9 Diabetes 277.0 Cystic Fibrosis 278.0 Obesity/Hypemliment 280.289 Diseases ofthe Blood and Blood -Forming Organs 282.6 Sickle -Cell Anemia 284.9 Aplastic Anemia NOS 286-286.9 Coagulation Defects and/or Hemophilia 320-389 Diseases of the Nervous System and Sense Organs 330 Cerebral degenerations 344.0-344.09 Quadriplegia and Quadriparesis 331.0-331.9 Reye's Syndrome 344.1 Paraplegia 651 Multiple Gestation 654.5 Cervical Incompetence 786.5-786.59 Chest Pain 414-414.65 Coronary Atherosclerosis (ASHD) 415415.19 Acute Pulmonary Heart Disease $00-999 1piury ine 416416.9 Chronic Pulmonary Heart Disease 800-804.9 f Skull Fracturea oofkull 417.1 Aneurysm of pulmonary Artery 805-805.9 Fracture of Vertebral Column 421-421.9 Acute and Subacute Endocardids 806-806.9 Fracture of Vertebral Column with Spinal Cord Injury 424424.9 Valve Disorders 828-828.1 Multiple Fractures 425425.9 586 Renal Failure, Unspecified 588 Disorders resulting from impaired renal function 592 Calculus of Kidney & Uerter 197-197.8 Secondary Malignant Neo. Respty and Digestive Systems 198-198.89 Secondary Malignant Neo. Other Specified Sites 200-208.9 Lymphoma and/or Leukemia 235 Neoplasm Uncertain Behavior 239.2 Neoplasm Unspecified Nature -Bone, Skin 240-279 Endocrine. Nutritional, Metabolic, immanity 250-250.9 Diabetes 277.0 Cystic Fibrosis 278.0 Obesity/Hypemliment 280.289 Diseases ofthe Blood and Blood -Forming Organs 282.6 Sickle -Cell Anemia 284.9 Aplastic Anemia NOS 286-286.9 Coagulation Defects and/or Hemophilia 320-389 Diseases of the Nervous System and Sense Organs 330 Cerebral degenerations 344.0-344.09 Quadriplegia and Quadriparesis 331.0-331.9 Reye's Syndrome 344.1 Paraplegia 348.0-348.9 Encephalopathy 357,358 Neuropathy/ Myasthenia Gravis 630-677 Complications ofPregnancv. Childbirth 641.I Placenta Previa 642.5-642.7 Eclampsia, pre-eclampsia 644.0-644.2 Premature Labor 648.0 Gestational Diabetes 651 Multiple Gestation 654.5 Cervical Incompetence 710-739 Diseases ofthe Museutoskeleial Svstem and Connective Tissue 715.0-715.9 Osteoarnhosis 721.3 Lumbosacrel Spondylosis 722.0-722.9 Intervertebral Disc Disorders 730-730.9 Osteomyelitis and/or Periostifis 737.3 Kyphoscoliosis and scoliosis 740-759 Congenial Anomalter 747.2 Aortic Atresia / Stenosis 751.6 Biliary Artesia 759-759,9 Other and Unspecified Congenital Anomalies 760-779 Conditions Originating in the Perinatal Period 765-765,1 Prematurity 769 Respiratory Distress Syndrome 770.0-770.9 Other Respiratory Conditions of Newborn 390-459 Diseases ofthe Circulatory Svstem 780-799 Symptoms. Sirens, and 116Deftned Conditions 785-785.9 Symptoms Involving Cardiovascular System 410410.9 Acute Myocardial Infarction 411411.89 Acute and Subacute Ischemic Heart Disease 786.5-786.59 Chest Pain 414-414.65 Coronary Atherosclerosis (ASHD) 415415.19 Acute Pulmonary Heart Disease $00-999 1piury ine 416416.9 Chronic Pulmonary Heart Disease 800-804.9 f Skull Fracturea oofkull 417.1 Aneurysm of pulmonary Artery 805-805.9 Fracture of Vertebral Column 421-421.9 Acute and Subacute Endocardids 806-806.9 Fracture of Vertebral Column with Spinal Cord Injury 424424.9 Valve Disorders 828-828.1 Multiple Fractures 425425.9 Cardiomyopathy 853-854.1 IntInternal nl Injury 426426.9 Conduction Disorders 869-869.7 Injury Injury 427427.9 Cardiac Dysrhythmias 887-887.7 Traumatic Amputation of Arm and Hand Trauma 428428.9 Heart Failure 897-897.7 Traumatic Amputation of Leg 430,431 Subarachnoid / Intracerebral Hemorrhage 949-949.5 Burns Bums 434.9 Occlusion of Cerebral Arteries 952-952.9 Spinal Cord Injury 436 Acute Cerebrovascular Accident (CVA) 996A97.0 peculiar to specified conditions CompSupervision 440441.9 Atherosclerosis/Aortic Aneurysm V23 Pregnancy Supervision of High Risk Pregnanry V42 -V58.9 Transplants, etc v.� pg. /m � §« \7 §a / \J /) j� !\ . §� \k k ! �§ § t M )\ !) ® §\ /2 u 2 — § ) | \ /]2 / \ \ A � \ . v.� pg. /m ASO :.P.,HARMACY NCD `RX3 — .. Custornizations Group Name: Brazos Count Effective Date: 1/1/2017 Covera a Code: 030000-011928 Source Rx: SFRXBZCT001NNNNO Rx Product Type Rx3 Humana will be administering: ® Prescription Drug Only Benefit ❑ Prescription Drug and Medical Benefits NETWORK SELECTION 2. Humana's National Pharmacy Provider Network includes all national chains, all major regional chains, as well as independent pharmacies. Approximately 75 percent of the network is made up of chain pharmacies. Please visit www.humana.com to search for Humana network pharmacies. DRUG LIST 3. Humana Drug List: ❑ Rx4 ❑ High Deductible Health Plan Traditional ® Rx3 ❑ Rx2 Traditional Rx3 and Rx4 utilize Humana's standard drug list which will contain a Non -Formulary category. Traditional will continue to utilize an open drug list. To verify the level of a prescription drug, a member can call the toll free customer service phone number on the back of their ID card or visit the Plan Manager's website at www.humana.ccm. DAYS SUPPLY 4. Retail Day Supply: 30* Mail Day Supply: 90* *Self-administered specialty drugs may be limited to a 30 -day supply and obtained at Humana Specialty Pharmacy or at other participating retail pharmacies that dispense specialty drugs. Please visit www.humana.com to search for retail pharmacies contracted for specialty drug dispensing with Humana. Up to a 90 day supply of maintenance medications may be obtained at participating retail pharmacies. 90 DAYS AT RETAIL 5. Humana's 90 Days at Retail Network is a subset listing of regionaVnational pharmacy chains contracted to fill prescriptions for greater than a thirty day supply. We choose to include "90 days at retail" into the plan: ❑ No ® Yes Page 1 of 6 New Case Document ASO v16.3 L------- ----- — DEDU,CT.IBLE/MAXIMUMS . - _ _ 6. ® Per Calendar Year ❑ Per Plan Year 7. ❑ Aggregate ® Embedded Page 2 of 6 Voi. may' i New Case Document ASO v16.3 Par Benefit Integrated with Non -Par Benefit Integrated with Medical /N Medical /N 8. Pharmacy Deductible • Applies to Levels 2, 3, and 4 Single NA NA NA NA Family NA NA NA NA 9. Pharmacy Out -of -Pocket Applies to all Levels Single $3,850 N NA NA Family $7,700 N NA NA 10. Plan Maximum Out-of-pocket • Applies to all Levels Single NA N NA NA Family NA N NA NA 11. Par out-of-pocket limits will Deductible include: ® Coinsurance ® Participating co -pay ❑ Non -participating member cost share 12. Non -par out-of-pocket limits will ❑ Deductible include ❑ Coinsurance ❑ Participating co -pay ❑ Non -participating member cost share ® NA 13. Select how par and non -par Deductibles do not reduce each other deductibles will accumulate ❑ Deductibles reduce each other" ❑ Par deductible does not reduce non -par deductible but non -par reduces par** ❑ Par deductible does reduce non -par deductible but non -par does not reduce par ® NA "Both par and non -par values will reduce medical out-of-pocket limits and/or Ian maximum out-of-pocket limits. 14. Select how par and non -par out -of- ® Out -of -Pockets do not reduce each other pockets will accumulate ❑ Out -of -Pockets reduce each other* ❑ Par Out -of -Pocket does not reduce non -par Out-of-pocket but non -par reduces par* ❑ Par Out -of -Pocket does reduce non -par Out -of -Pocket but non -par does not reduce par * Both par and non -par values will reduce plan maximum out-of-pocket limits, if applicable. Page 2 of 6 Voi. may' i New Case Document ASO v16.3 COPAYMENT STRUCTURE 15. Day Supply: LEVEL 1: LEVEL 2: LEVEL 3: Day Supply: LEVEL 1: LEVEL 2: LEVEL 3: Day Supply: LEVEL 1: LEVEL 2: LEVEL 3: Retail Rx3 1-30 $7 20%, $25 min $100 max er scri t 120%,$40 min $100 max per script 90 Das at Retail Rx3 — 3x 1-30 31 — 6061 - 90 $7 $14 $21 20%, $25 min $100 max per script 20% with $50 min $200 max 20% with $75 min, $300 max 20%, $40 min $100 max per script 20% with $80 min, $200 max 20% with $120 min, $300 max Mail Rx3 1 - 30 31-60 61-90 $7 $14 $15 20%, $25 min $100 max per script 20% with $50 min, $200 max 1 20% with $75 min, $300 max 20%, $40 min $100 max per script 120%with$80min,$200max 1 20% with $120 min, $300 max 16. 'Flu & Pneumonia Immunizations: $0 "'HCR Women's Preventive: $0 "HCR Preventive: I $0 Also includes coverage for Polio, DTaP, MMR, Tetanus, and Zostavax "For a full listing of HCR medications, please refer to www.humana.com OFFICE -ADMINISTERED 17. Office administered specialty drugs, dispensed through Humana Specialty Pharmacy will process according to the following benefit: N Zero dollar ($0) Co -payment ❑ Applicable Plan Co -payments 'Specialty office medications and injectable drugs do not include self-administered injectable drugs. Office administered specialty drugs not dispensed through Humana Specialty Pharmacy will be subject to applicable copay/coinsurance. DISCOUNT 18. We choose the discount card to apply to drugs not covered under the plan: ❑ No N Yes COMMUNICATIONS 19. We choose to send the following communications to our members: Specialty: Humana Pharmacy: General Pharmacy: ❑ No ❑ No ❑ No N Yes N Yes ® Yes Page 3 of 6 New Case Document ASO v16.3 ! Vol. �5�5 r �• ._� ASO �IIR RFNFFITS FOF 20. As Humana implements benefit designs that give our customer's choice, we recognize we need to empower them to understand the various options available. To assist in this, Humana has implemented a "Maximize Your Benefit" Program. Members will receive "Maximize Your Benefit" notification, offering guidance in possibly changing medications to those with a lower co -payment. We utilize internal data to identify members for whom a less expensive, prescription drug co -payment option may be available. For example, if a member is utilizing a drug requiring a third tier co -payment, another drug option may be available at the first or second tier co -payment. Humana communicates the information to the member to enable the member, along with their physician, to make an informed choice regarding prescription drug co- payment options. .)-PAYMENT DIFFERENTIAL LC 21. ❑ This Plan requires the use of generic drugs only. If an employee/eligible dependent chooses to purchase a brand name drug, and an equivalent generic is available, he/she must pay the difference in cost between the brand name and generic equivalent, plus any applicable generic co -payment, regardless of who is requesting the brand name medication. If the physician writes on the prescription "dispense as written," the drug will be dispensed as such; however, the employee/eligible dependent will still be required to pay the difference in cost between the brand name drug and the generic equivalent, plus any applicable generic co -payment. ® If an employee/eligible dependent purchases a brand-name drug, and an equivalent generic is available, the employee/eligible dependent must pay the difference between the brand-name cost and the generic cost plus any applicable generic co -payment. If the physician writes on the prescription "dispensed as written" the drug will be dispensed as such, the employeeleligible dependent will only be responsible for the brand drug co -payment. ❑ The employee/eligible dependent is never responsible for the cost difference between the brand name drug and the generic equivalent; regardless of who is requesting the brand name medication. ❑ If an employeeleligible dependent purchases a brand-name drug, and an equivalent generic is available, the employeeleligible dependent must pay the difference between the brand-name cost and the generic cost plus any applicable brand co -payment. If the physician writes on the prescription "dispensed as written" the drug will be dispensed as such, the employeeleligible dependent will only be responsible for the brand drug co -payment • 22. Paper claims, submitted from in -network pharmacy, will be reimbursed at: ® a. The amount paid, minus the co -payment ❑ b. Not covered ❑ c. Other. Paper claims, submitted from out -of -network pharmacy, will be reimbursed at: ❑ a. The default rate`, minus the co -payment ® b. The default rate`, minus the co -payment, minus 30% ❑ c. Not covered ❑ d. Other: "The member is responsible for 100% of the difference between the default rate and the non -network pharmacy's charge Page 4 of 6 New Case Document ASO v16.3 Vol. PRIOR. AUTHORIZATION, STEP THERAPY, ANDQUANTIT_Y LIMITS 23. Pdor Authorization is incorporated into the Plan: ■ No Z Yes 24. Step Therapy is Incorporated into the Plan: ❑ No ® Yes 25. Quantity Limits are incorporated into the Plan: ❑ No ® Yes Page 5 of 6 New Case Document ASO v16.3 Fvo of Pg. / 5� cz DRUG;NAMEMATEGORY I 7riclude X=,Exclude A=:PreAuth Aids -Related Drugs I Anabolic Steroids X Biologicals X (6 Flu & Pneumonia immunizations I Compounds I Bulk Chemicals (compound orstand-alone X Growth Hormones A Birth Control/Hormone Therapy — + Items not included in Women's Preventive would follow the below coverage. Abortifacients X Condoms+ X Diaphragms+ X In ectable/im lantable+ X IUD+ X Contraceptives — Oral+ Smoft Cessation - Rx Contraceptives — Rin + I Contraceptives — Transdermal+ I Fertility —Injectable X Fertility— Non Injectable X Diabetes De i mentin Alcohol Swabs I Blood Glucose Control Solutions I Blood Glucose Meters/Kits/Sensors I Blood Glucose Test Strips I Glucagon/Glucose I Insulin I Insulin Needles X Insulin Pen I Insulin Pum /Accessories X Insulin S rin es/Needle-Free Inectors I Lancets/Lancets Devices I Urine Test Strips I DRUG NAME/CATEGORY - 1=Include X=Exclude,, Sup le lents PKU related I Vitamins — Multi -Vitamins OTC X Vitamins — Multi -Vitamins Rx X Vitamins - Pediatric RX — I OTC—X Vitamins - Prenatal RX — I OTC — X Vitamins — Single Entity OTC X Vitamins — Single Entity Rx Vitamin A, B, B12, D, K, Folic acid X I Lifesle_ Smoft Cessation - Rx I Smoking Cessation - OTC I Sexual Dysfunction Agents X Weight Loss X Cosmetics X De i mentin X Acne — Oral Isotretinoin I Acne — Topical Retinold I Antifungal— Onychomycosis (Penlac, X Lamisil VS S oranox I Other Research Drugs X Misc. Medical X Other OTC X Progesterone Crystals/Powders A Humana's Formulary, PA, ST, and QL requirements (as listed on Humana.com) take precedence over the coverage section. Humana's Clinical Review Team will add newly approved drugs to the plan where appropriate. HCR Preventive takes precedence over what is selected in the drug coverage section. Self-administered specialty and Office -Administered specialty drugs may be subject to Formulary. PA, ST, QL, and/or clinical review. Page 6 of 6 New Case Document ASO v16.3 VO4. �� s Pg. 0 S z O D d RL 3 00 J a. z D _L+ z 3 n n n n n n D c n n mN yr to 2 x z m in v ry ^ O O S v a nITJ A n 3 i 0 m J n m a ° o. c 3 c n 2 3 c � y n^ J 3HT O a a 00 J Y M (0 ° ° 3 3 J m d p. n u N p 'r3 Isyy i{'�...uS oO O pp ,O O O b 0 0 0amF 1'R a� �t Q. ' � m ° G 3 z z z z z z z z z] m 3 J z z J o ]' 0 0 0 0 0 0 0 0 0 i m D D o A J o o m w w m m m m m w c w a a a a E O O V v C J 2 A iD Oo N J O OD GG C O O Q U fD m G)o 0 d v tl0 -1 'p m J N Y A V Vl N N V J J Vl N UI N N N N w W m O O u O O O D D N �! x O O C in W D7 Y ^' - � CO N O d A N S O V A A tml� A H N V1 A A OJ A � y 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 l� SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Contract No. 17-089 Bryan, Texas 77803 Reference IQ 0 2014-47 Telephone (979) 361-4294 Page 1 of 7 Pages GENERAL REQUIREMENT FOR CONTRACT I, Oto i S&Las a duly authorized representative of TBg&S 'awlmen� "Contractor" willingly attest to perform (or deliver) as per "Maintenance Agreement" for Brazos County, I further agree to all of the provisions and specifications contained in this contract. MAINTENACE/SERVICE AGREED TO Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit W. Contractor agrees to provide service in a timely manner with no less than a four (4) hour response time. Maintenance will be performed during business hours in accordance with the location of the department where the copier is located. Business hours may vary depending on the location of the copier. For all maintenance or service required on any of the listed copiers, it is required that only original equipment manufacturer (OEM) parts be used for replacement of parts. Toner and staples will be provided for the Contractor for the life of this contract to include any future renewals or extensions. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. Continuation Sheet Contract No. 17-089 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages BOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or temrinate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance, INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized, Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (3 0) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, &eight, drayage and other charges are to be Vol.. —------_____ P9' Continuation Sheet Contract No. 17.089 BRAZOS COUNTY, TEXAS Page 3 or 7 Pages prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be fumished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede, GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seg., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations, Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq„ as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. E . �"� P9. �o Continuation Sheet Contract No. 17.089 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity, Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements, Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor/Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit, The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County Val.delj� pg. �� Continuation Sheet Contract No. 17-089 BRAZOS COUNTY, TEXAS Page 5 of 7 Pages LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations'). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESAVAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder, NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S, Mail to the following addresses; BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. [Vot.Sl P9, Continuation Sheet Contract No. 17.089 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duty authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government, Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. r._� Vol._ Pg. Continuation Sheet Contract No. 17-089 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: FIFY0,03 M12040, R1,4111 "M ON Typed Name: Graaq Modisette 11 Company Name: fG'�GAS• cumeJ 804416M5 Phone No. 979''7T. - &51� Email Address: Mailing Address: VJ In liar jn ,5019 lorl Vc, as �7R/l? P. O, Box or Street n City State Zip Employer Identification Number; l 7�r�cg0g11,512, App ved by o issioner's rt on this ! t day of'`iV`f • 2016 by//1�,� I ng the position of&-a-iyr l 0(U1') t/1 Judie, vol. pg. -- TEXAS DOCUMENT SOLUTIONS You'ro In chargalskl Austin, TX 78759 `2600 Longhorn Blvd #102 Bryan, TX 77802 •724 East Villa Marla 0500 Fort Worth, TX 76140 '7873 Will Rogers Blvd Lufkin, TX 75901 •2003 Atklmon Drive San Antonio, TX 78216 0620 West Sunset Road Tyler, TX 75703 04619 Troup Highway Waco, TX 76712 16700 Woodway Drive '512.835.10D0'(F4x) 512.832-8255 1979.775.5500'(Fax) 979.775-5900 '817-927.8893'(Fax)817-927.3333 •936.699.2800'(Fax) 936.699.4229 "210.822.35004(Fax1210-826-9286 •903-509-9900'(Fax) 903-509-9905 254.881.7500•(Fax) 254-754.0555 CUSTOMER NJ. OPDEH DATE WSTALL PATE (01112016 BILL • NAME Brazos County Purchasing Department TECH EP, SAES REP. Kinze Storm TO (it other than.Bill To): NAME AOORESS 200 South Texas Ave 4352 ADDRESS CITY Bryan STATE LP Tx 77803 ary STATE LP CONTAOT Leslie Williams COHTACT PHONE 979-361-4294 FM 979-361-4293 PHONE FAK AOmn0N4.COM ENT3 ONewCustomer u Customer CU TOMER STATUS: WEWN7PA Amount Rental State Contract Sale se Monthly Maintenance EACTION REQUEST: SHIP VIA: Trial Dates: P.O. NO. other: $1,290.50 Effective October 1, 2016 - September 30, 2017 Includes 235,200 monthly. "Excludes Paper" Black & White copies per month. Black & White overages blued at .0055 each Includes toners, drums, fusers, developers, staples, parts, labor and traveltime. Maintenance Contract Pricing to be guaranteed for 5 continuous years from Date of Purchase through Texas Document Solutions. AIFCoples to be divided between the following equipment MX-M464N CSCD #1 ID #31724 MX-M364N CSCD #2 ID #31719 MX-M623N County Clerk ID #31965 MX-M314N Constable Precinct#3 ID#31726 MX-M623N District Clerk #1 ID 931966 MX-M464N District Clerk #2 ID # 31722 MX-M464N Juvenile ID #31720 MX-M314N 272nd District Court ID #32028 M35401dn Associate Judge #1 ID #32000 M35401dn County Clerk ID #31714 MX-M314N Jury Services ID #31822 MX-M363N County Judges Office ID # 31874 MX-M314N Purchasing Department ID #31866 Page 1 (Continuation on Page 2) 9fp�Vol. � pg. 5 — I_..__. TEXAS DOCUMENT SOLUTIONS You're !n chargeN Austin, TX 78758 •2600 Longhorn Blvd #102 Bryan, TX 77902 0724 East Villa Maria #500 Fort Worth, TX 76140 07873 Will Rogers Blvd Lufkin, TX 75901 •2003 Atkinson Drive San Antonio, TX 78216 •620 West Sunset Road Tyler, TX 75703 •4619 Troup Highway Waco, Tx 75712 •6700 Woodway Drive •512.835.1000•(F8X) 512.832.8255 •979.775.5500'(Fax) 979-775.5900 •817.927.8893'(Fax) 817.927-3333 '936-699.2800'(Fax) 936-6994229 '210.822-3500A(Fax)210.826.9286 ' 903.509.9900•(Fax) 903.509.9905 '254.881.7500'(Fax) 2$4-754-0555 cuporAERNO. OROEA DATE INSTALLOATE TECH REP. SALES REP, 10/1/2018 Kinze Storm BILL TO: TO (if other than Bill To): NOME 'NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave #352 CITY STATE aP CITY STATE 2p Bryan Tx 77803 CONTACT CONTACT Leslie Williams PHONE FAX PHONE FAX Arofflo .COMMENTS CU TOMER STATUS: E ACTION REQUEST: SHIP VIA: New Customer UCGEM/NIPA Aocount Rental Hal Dater. p,0. N0. Exsls#n OlsMmer State Contract Sale Lease OtlAer: QTY. PROD. NO. DESCRIPTiON SERIAL NO, METER UNIT PRICE TOTA[. MX-M564N District Attorney 113#31717 MX-M314N Associate Court # 2 1D #3172$ MX-M314N Facilities Services . ID #32110 MX-M314N Constable Precinct 10#31721 MX-M564N 85th District Court Extra Area [D#31725 M35401dn Law Llbrary ID #32109 MX -314N JP Precinct ID #31718 Page 2 SALES MANAGER GATE Subtotal SERNCEMANAGER DATE Sales Tax NIA CUSTOMER ACCEPTANCE DATE TOTAL $1,290.60 SERVICE / SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This Agreement shall romaln h full force and effect, unless cancelled by either party In writing. This Agreement may be terminated or changed at any time, by either party on thirty (30) days written nonce. Customer's obligation to pay all charges, which have accrued, shell survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable In advance based on the Copy Volume Level and specification provided on the reverse aide of this agreement, whereas the excess cost percopy changes are payable In the arrears. 3, Davidson Document Solutions, Inc. shall provide Inspections during the contract period at appropriate Intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calla, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer In accoidancewith the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are Included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement WWI be made during normal business hours at the customer's address as shown on the reverse side hereof. Should the equipment be moved to a location In a more distant zone, there may be an Increase In the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment Is not covered by this agreement and will be billed at the agreed upon rate. 6. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repalm made necessary by service personnel other than those of Davidson Document Sclutlons, Inc. Charges for repairs or replacement due to the foregoing shall be bome by the Customer. 7. This Agreementdoes not Include applicable taxes. All taxes levied or Imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not Include any accessories not listed thereon, nor does It Include third party add-on devices, such as accounting software and hardware, Coln -op box, etc. 9. This Agreement does not cover the Customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the Customer's software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at the client's location. 10. This Agreement Is not transferable by the Customer, except with the Written consent of Davidson Document Solutions, Ina This Agreement Includes all toner and developer used under normal use, unless otherwise noted. However, It does not include excess usage attributable to theft, misuse or sky copies. r fZ 13. Optimum performance of the equipment covered by this Agreement can be expected only If supplies provided by, or meeting the epedfications of Davidson Document Solutions, Inc. are used. 14. The Initial term of this Agreement shall commence on the date of equipment Installation. This Agreement shall be automatically renewed upon expiration of the Initial period, for successful renewal terms at the standard published service rates, In effect at the Ume of applicable renewal. 15. - Davidson Document Solutlons, Inc. would setup and configure a total of 5 stations at the time of the Initial sale Installation. Additional charges will be billed at the standard hourly rale for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.). 16, Shipping charges for consumable supplies will be billed separately; plesticweste loner bottles are a permanent pert ofyour machine and are to be reused. The customer will be charged for replacement bottles. Vol. Austin, TX 78758 12600 Longhorn Blvd 8102 •512-835.3000•(Fax) 512-832.8255 TEXAS DOCUMENT SOLUTIONS Bryan, Tx 77802 1724 East Ville Marta 9500 •979.775-5500•(Fax)979-775.5900 Fort Worth, Tx 76140 •7873 WIII Rogers Blvd '817.927-8893•(Fax) 817.927-3333 You're lncha e�a9 Lufkin, TX 75901 •2003Atkinson [)rive •936.699.2800'(Fax)936-699-0229 San Antanlo,Tx7821G •G20West5unset Road •210.822-3500*(Fax)210.8269286 Tyler, TX 75703 '4619 Troup Highway '903-509.9900•(Fax) 903.509-9905 Waco, TX 76712 •6700 Woodway Drive •254-881-7500'(Fax)254-754-0555 SERVICE / SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This Agreement shall romaln h full force and effect, unless cancelled by either party In writing. This Agreement may be terminated or changed at any time, by either party on thirty (30) days written nonce. Customer's obligation to pay all charges, which have accrued, shell survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable In advance based on the Copy Volume Level and specification provided on the reverse aide of this agreement, whereas the excess cost percopy changes are payable In the arrears. 3, Davidson Document Solutions, Inc. shall provide Inspections during the contract period at appropriate Intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calla, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer In accoidancewith the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are Included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement WWI be made during normal business hours at the customer's address as shown on the reverse side hereof. Should the equipment be moved to a location In a more distant zone, there may be an Increase In the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment Is not covered by this agreement and will be billed at the agreed upon rate. 6. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repalm made necessary by service personnel other than those of Davidson Document Sclutlons, Inc. Charges for repairs or replacement due to the foregoing shall be bome by the Customer. 7. This Agreementdoes not Include applicable taxes. All taxes levied or Imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not Include any accessories not listed thereon, nor does It Include third party add-on devices, such as accounting software and hardware, Coln -op box, etc. 9. This Agreement does not cover the Customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the Customer's software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at the client's location. 10. This Agreement Is not transferable by the Customer, except with the Written consent of Davidson Document Solutions, Ina This Agreement Includes all toner and developer used under normal use, unless otherwise noted. However, It does not include excess usage attributable to theft, misuse or sky copies. r fZ 13. Optimum performance of the equipment covered by this Agreement can be expected only If supplies provided by, or meeting the epedfications of Davidson Document Solutions, Inc. are used. 14. The Initial term of this Agreement shall commence on the date of equipment Installation. This Agreement shall be automatically renewed upon expiration of the Initial period, for successful renewal terms at the standard published service rates, In effect at the Ume of applicable renewal. 15. - Davidson Document Solutlons, Inc. would setup and configure a total of 5 stations at the time of the Initial sale Installation. Additional charges will be billed at the standard hourly rale for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.). 16, Shipping charges for consumable supplies will be billed separately; plesticweste loner bottles are a permanent pert ofyour machine and are to be reused. The customer will be charged for replacement bottles. Vol. 11 ATMs PLACEMENT AGREEMENT of NThis ATMs Placement Agreement (this "Agreement") is made and entered into as 0iLVYI�p�,d 1 , 2016 (the "Effective Date"), by and between Quick Draw ATM Services Inc, a Texas corporation ("Quick Draw") and Brazos County("Brazos County'). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Quick Draw ATM Services, Inc. and Brazos County hereby agree as follows: Authorization. Brazos County hereby authorizes Quick Draw ATM Services, Inc. to place one automated teller machine ("ATMs") at the below listed locations on the terms and conditions set forth in this Agreement: Brazos County Expo Complex, 5827 Leonard Road, Bryan, Texas 77807 Brazos County Courthouse, 300 E. 26" Street, Bryan, Texas 77803 The specific location of the ATM at these two locations will be agreed to by Quick Draw and Brazos County. Brazos County may require Quick Draw to change the specific location within the location upon thirty (30) days written notice and as agreed to by Quick Draw. Quick Draw will not unreasonably withhold agreement. Brazos County agrees that Quick Draw ATM Services, Inc. shall have no obligation to pay rent or compensation of any kind to Brazos County in connection with the placement of the ATMs at these locations or in connection with the receipt of a surcharge from customers for use of the ATMs, and Quick Draw ATM Services, Inc. shall be entitled to retain the entire amount of such surcharge. Quick Draw Obligations. Quick Draw's obligations under this Agreement are as follows (a) at its sole cost, provide the ATMs for each location; (b) at its sole cost, install the ATMs at each location; (c) at its sole cost, provide all necessary maintenance of and supplies for the ATMs at each location; and (d) except for the obligations set forth in Section 1.3(d), ensure compliance with the Americans with Disabilities Act ("ADA") as the ADA pertains to the ATMs. (e) Load and supply requisite Vault Cash into each ATM. Brazos County Obligations. Brazos County's obligations under this Agreement are as follows: (f) at its sole cost, provide the space at each location for the ATMs; (g) at its sole cost, provide electrical power to the ATMs; (h) maintain clearance around the ATM of at least 30" x 48" or 48" x 30" or such other clearance as may be specified from time to time by the ADA. (i) provide an Internet or telecommunications line for the ATM. ATM Installation. Brazos County understands and acknowledges that Quick Draw ATM Services, Inc. will bolt the ATMs in place at each location and that Quick Draw ATM Services, Inc. is not responsible to repair any holes, slab damage or other damage caused to the Location by the installation or removal of the ATMs. 1.2 ATM Surcharge. Brazos County acknowledges that Quick Draw ATM Services, Inc. will charge $3.00 per completed transaction to ATM customers. Vol. ,-� pg, 4 a-1 ARTICLE 2 TERM AND TERMINATION The term of this Agreement shall commence once all required signatures are obtained and machines are in place and operational and have an initial effective term of 5 years with option to renew, or continue the agreement annually. ARTICLE 3 GENERAL PROVISIONS Amendment. This Agreement may not be amended or modified except by an instrument in writing signed by both parties. Notices. All notices and other communications hereunder shall be in writing and shall be given or made, as applicable, (i) if delivered by hand, upon actual receipt by the intended recipient and (ii) if mailed or sent by courier, upon the date of receipt as shown on the certified mail delivery notice: If to Quick Draw, to: Quick Draw ATM Services Inc 16703 China Blue Ln Cypress, TX 77433-6159 Attn: Tina Ritchie If to Brazos County, to: Brazos County — Brazos County Purchasing Department 200 S. Texas Avenue, Suite 352 Bryan, Texas 77803 Attn: Brazos County Purchasing Department Such notices shall be effective (i) if delivered by hand, upon actual receipt by the intended recipient and (ii) if mailed or sent by courier, upon the date of receipt as shown on the certified mail delivery notice. Indemnification by Quick Draw. Quick Draw ATM Services, Inc. shall indemnify, defend, and hold Brazos County, and its affiliates, subsidiaries, employees, directors, officers, and agents (collectively, "Brazos County" Indemnified Parties"), harmless against and from any and all claims, lawsuits, judgments, losses, civil penalties or actions, costs, liabilities, damages, and expenses (including reasonable attorney's fees) (collectively, "Claims") incurred or to be incurred, which may be made or brought against Brazos County Indemnified Parties by any person, corporation, government, governmental agency, class, or any other entity whatsoever, to the extent arising or alleged to have arisen from Quick Draw's breach of its obligations as set forth in this Agreement. Quick Draw also agrees to indemnify and hold Brazos County harmless for damage to the ATMs, theft by any person of the ATMs, security breaches of ATM data, loss of ATM funds, personal or property damage or any loss sustained by Quick Draw for the use of Brazos County facilities. In no event will Brazos County be responsible for the cash maintained in the ATMs. Indemnification by Brazos County. Nothing contained within this agreement shall constitute a waiver of immunity by Brazos County, nor an agreement to assume any liabilities of quick draw for which Brazos County would be entitled to claim immunity. Brazos County will not be liable for any damage or injury to quick draw or its employees or its properties, except to the extent permitted under Texas laws. To the extent allowed by the laws and Constitution of the State of Texas, Brazos County shall indemnify, defend, and hold Quick Draw ATM Services Inc., and its affiliates, subsidiaries, employees, directors, officers, and agents (collectively, the "Quick Draw Indemnified Parties"), harmless against and from any and all Claims incurred or to be incurred, which may be made or brought against the Quick Draw Indemnified Parties by any person, corporation, government, Vol. Pg. fi govermental,agency, class, or any other; entity-wbetsoever, to the extent arising or alleged to have arisen from Brazos.'County breach of its obligattons as sc.tforth in thisAgreement.: - Entire'Agrecment..:This Agreement conslimtes the entire agreement. of the parties and .supersedes all prior agreements; letters of intent and understandings, hoth w tten and orate among the parties with respect to. the. subjec(mattei hereof. There are no,representations or warranties, agreements,'or covenants other than those. expressly set forth in this Agreement. - - Sevcrability.',lf any provisiomof this Agreement is held to be unctiforceable,the othcr provisions. shall nevertheless remain in full force and effect: No waiver of any term, provision, or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to he or construed as a further or continum,, waiver of any,such term, provision, or condition or of any other term;. provision, or condition of this Agreement. _ Governing Law. This Agreement,,thc interpretation of its terms, and any disputes,arismg from this Agreement :shall be govemed-by the laws of the State of Texas. Thc. parties consent to the jurisdiction and :venue of the .State and Federal Courts in Brazos County, Texas in the event of any dispute arising out of or related to this Agreement- IN greementTN WITNESS wnF.REOF, each party has executed this Agreement ac of the date first written above. ,Quick DiiAw A rNi SERVICES INC.. BY:_ Tfoa Ritchie, wne estden 13 AZOS C UNT By. - Print Namei hmw&i6i fS Vol. pg. -3-0- AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 9th day of August —12016, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: Mitchell & Morgan 3204 Earl Rudder Freeway South College Station, TX 77845 for the following PROJECT: Professional Engineering and Surveying Services for in Brazos County The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agreement Between County and Engineer Vol. '___F9..,_ � .._ Page 1 of 10 required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project, Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE ii SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan , TO BRAZOS COUNTY, ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Between County and Engineer Vol. Pg. Page 2 of t0 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER, 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right-of-way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Agreement Between County end Engineer Vol. `P9_ Pago 3 of IO or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER, Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VH TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. Agreement Between Cnaty and Engineer IF 04. Pg- .J4 --- Page 4 of 10 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER, 8.5 Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Agreement Between County and Engineer F7- .5 Pg. 12 Page 5 of IO 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGWEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof, therefore ENGINEER slrall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. Agreement Between County and Engineer Page 6 of 10 E ____ ��• ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 94.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10,1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreement Between Comty and Engineer Vol. , 'V3 p9. 1/ Page 7 of 10 In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10,2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLiiXI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate, Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. Agreement Between County and Engtneor Page 8 of 10 Fol. 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agrcern"t Between County and Engineer Page 9 of 10 This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duty passed and are now in force and effect. BRAZOS COUNTY, TEXAS l� -1;L) Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: �-_ d"t e County Clerk Approved asto Form: Assistant County Attorney Agreement Between County and Engineer ENGINEERING FIRM .:J,OkL W611 Pp2-ry E(C Page 10 of 10 MITCHELL Ari MORGAN R. Alan Munger, PE, CFM Brazos County Engineer Brazos County Road & Bridge 2617 W.HWY21 Bryan, Texas 77803 Nem July 27, 2016 RE: Proposal and Scope of Work for Engineering Services for the Mesa Verde Extension Project (Chaco Canyon Drive to State Highway 6) in Brazos County, Texas Dear Alan, Thank you for the opportunity to provide professional engineering services for the Mesa Verde Extension Project in Brazos County, Texas. As we understand, the project design will consist of extending the existing roadway from its current point of terminus near Chaco Canyon Drive in the Indian Lakes Subdivision to the State Highway 6 frontage road in a 100 -foot wide right-of- way that will be dedicated by the existing property owner. The roadwork shall Include the extension of approximately 2,800 linear feet of roadway with approximately 2,600 linear feet of the roadway consisting of an asphalt pavement section and the remaining 200 linear feet of roadway consisting of a concrete section at the State Highway 6 intersection. The cross section of the asphalt roadway will consist of a two-lane, 24' wide roadway with 4 -foot wide paved shoulders, and roadside ditches. The cross section of the concrete roadway will consist of a four -lanes, 54' roadway which includes a 3 -foot median, 4 foot wide paved shoulders, and roadside ditches. The preliminary engineers estimate for the construction associated with this project is $1,2 Million. Based on our understanding of the project scope, you would like us to provide the following services in the Preliminary Engineering Phase; 1. Pavement design for asphalt pavement with Alternate for Concrete Pavement 2. Design of Roadway including horizontal and vertical alignments 3. Design of all Drainage Features 4. Construction drawing and Bidding. Documents 5. SWPPP 6. Traffic Control Plan 7. Identification and coordination with all utilities and regulatory agencies. This proposal does NOT include the following services: 1. Title Report for Easement Research and Documentation 2. Environmental Site Survey / Phase I Environmental Impact Statement 3. The mitigation or remediation of any environmental impacts from the project (no adverse Impacts are anticipated.) 3204 EARL RUCCER FREEWAY SOUTH -COLLEGE STA7ICNTX77646- 0702606967 FIRM N1443 CIMLENGINEERINO WOMUUCS HYDROLOGY IRILMES STREETS SITEPIANS SURDMSIONS InbfmmH<hellnndmomen.com• x»w.mltchell4ndmorynn.com Vol. ;i 115, Pg. '11/ i 4. Construction Materials Testing 5, Street Lights (none expected) 6. Detention (generally not associated with roadway projects) 7. Construction Administration (task to be performed by Brazos County) 8. ROW acquisition / platting / purchase 9. Traffic Impact Analysis 10. Survey 11. Geotechnical Investigation 12. As -built Plans We would propose to provide basic engineering services for a fee of $72,000. This fee equates to a 6% fee based upon a construction budget of $1.2 Million. Other services as listed below are considered additional services and the costs for these additional services are as follows: Engineering Services Civil Design Fees (Based on 6% of Construction Bid) Engineering Services Total.. Additional Services Project Management ........................................ Bid Phase Services .......................................... ............I .......................... $72,000 ..................... :............ ..... $72,000 ........................... $2,500 .................... I ....... I... $2,500 Construction Phase Services (Hourly not to Exceed) ......................................... $2,500 Additional Services Total................................................................................. $7,600 OVERALL TOTAL........... .......... $79,600 The total contract amount for this project is $79,500.00. Services not utilized will not be billed. If there are other services that you desire, we will provide those services on an hourly basis at the rates described below. Hourly Rates: Sr. Professional Engineer — Development Coordination ..................................... Principal Design Engineer................................................................................... Sr. Professional Design Engineer..................................................................... Jr. Professional Design Engineer...................................................................... StaffPlanner....................................................................................................... ProjectCoordinator............................................................................................. GISTechnician.................................................................................................... Sr. EIT................................................................................................................ Jr. EIT .................. ............ .................................................................................. Drafter................................................................................................................ Admlnistrative...................................................................................................... Vol. 5�5 Fg $150/hr $135/hr $110/hr $100/hr $95/hr $90/hr $85/hr $85/hr $75/hr $65/hr $55/hr We do require a signed contract to begin work and we have attached one for your signature. Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying, shipping and mailing, etc. will be covered by Mitchell & Morgan, LLP up to a maximum of $500.00 and billed at cost or invoice plus ten percent and reimbursed during the monthly billing cycle. Please let us know if you have any questions or comments. We really look forward to working with you on this project Sincerely, Joel J. Mitchell, PE Partner cc: rile EVol. aJ� p9 'e! AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 9th day of _ Seotember 2016, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: CME Testing & Engineering Inc. 320 Graham Road College Station, TX 77808 for the following PROJECT: Perform subsurface investigation and geotechnical study for Mesa Verde Drive Extension project. The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. Agreement Between County and Engineer Page I of 10 ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY CME Testing & Engineering. Inc , TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A'.' as Additional Services are not included in the Basic Services. It is expressly understood and agreed that; ENGINEER shall not furnish any of the additional services without the prior.. written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall.have.no, obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, .which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. Agreement Between County and Enginar Page 2 of 10 ( Vol. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right-ef--way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. Agreement Between County and Engineer Vol. �f6 Page 3 of l0 ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and', other documents prepared pursuant to ,this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant.to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable. for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to. the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VII TERMINATION; SUSPENSION.OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. Agreement Between County and Engineer IV CA. Pg - Page 4 of 10 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that Agreement Between County and Engineer Page 5 of IO i Vol. degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and aH expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof, Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. Agreement Between County and Engineer Vol. 1 Page 6 of 10 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: Agreement Between County and Engineer Vol.o_ Ste_ pg. Page 7 of 10 In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUN'T'Y, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. Agreement Between County and Engineer Fol. W,. j Page 8 ONO 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agreement Between County and Engineer Page 9 of 10 FVolol `s' pg =— �_ This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Approved as to Form: Assistant County Attorney Agrecment Between Cowry and Engineer ENGINEERING FIRM by: Principal aci. Pg. 5 Page i0 of 10 CME 320 GA-ARIN(ROAD a COLLEGE STATION, TEXAS 77845 . July 29, 2016 Brazos County Road and Bridge Department 2617 SH 21 West Bryan, TX 77803 Attention: Mr. R. Alan Munger, P.E., County Engineer G, INC. Re: Proposal to Perform Subsurface Exploration and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Dear Mr. Munger: CME Testing and Engineering, Inc. (CME) is pleased to submit this proposal to the Brazos County Road & Bridge Department (BCR&BD) to perform a subsurface investigation and geotechnical study associated with the proposed extension of Mesa Verde Drive in Brazos County, Texas. More specifically, the proposed roadway extension will take place between the intersections of the existing roadway known as State Highway 6 to the east and the proposed roadway known as Chaco Canyon Drive to the west. This proposal was developed in response to an e-mail communication from you dated July 29, 2016. The objectives of the investigation will be to secure subsurface soil information along the alignment of the proposed roadway extension between the previously referenced intersections which define the limits of the roadway extension, and to formulate recommendations to guide the foundation support for the planned pavement system of the proposed roadway extension. Accordingly, the following sections of this proposal present our understanding of the proposed project, the anticipated scope of our services, and an estimate of the costs associated with the execution of the described services. PROJECT BACKGROUND A. Sources of Project Information. Information concerning the project was provided in the previously referenced e-mail communication which included a copy of the survey of the proposed roadway alignment. Additional information was determined from an e-mail communication from Ms. Kerry Pillow, MCA, CAPM of Mitchell & Morgan, LLP (M&M). Ms. Pillow's e-mail transmitted a PDF attachment depicting preliminary plans for the proposed roadway extension. The preliminary plans were developed by M&M and included an overall layout for the project, preliminary pavement sections for the roadway extension, and plan and profile views for the proposed roadway alignment. B. Description of Proposed Roadway Extension. As previously discussed, CME understands that the proposed roadway extension will take place between the intersections of the existing State Highway 6 southbound service road to the east and the proposed roadway known as Chaco Canyon Drive to the west. The proposed roadway alignment will extend over a distance of approximately 2,800 linear feet. 320 Graham Road Phone(979)690-3600 College Station, Texas 77845 Fax (979) 690-3668 Mr. R. Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 2 We anticipate that the newly constructed roadway will later be connected with the existing alignment of Mesa Verde Drive to the west as part of future subdivision construction activities, and as a result, the future extension of Mesa Verde Drive between the intersections with Chaco Canyon Drive to the east and the existing alignment of Mesa Verde Drive to the west will not be associated with CME's proposed work efforts. Based on the previously referenced preliminary plans, we understand that the roadway extension will be constructed within a 100 -foot wide right-of-way (ROW). Approximately 2,600 linear feet of the newly constructed roadway will consist of a two (2) -lane width section with flexible pavement, and the remaining 200 linear feet of newly constructed roadway adjacent to the State Highway 6 service road will consist of a divided four (4) -lane section with rigid pavement. The flexible pavement system is anticipated to consist of a surface course of hot -mix asphalt concrete, a flexible base course of crushed rock, and a chemically stabilized and compacted subgrade layer; whereas the rigid pavement system is anticipated to consist of a Portland cement concrete (PCC) surface course over a chemically stabilized and compacted subgrade. We further anticipate that the rigid pavement system will consist of curb and gutter edge treatment. The flexible pavement system portion of the roadway extension will initiate at the intersection of the proposed roadway known as Chaco Canyon Drive and will extend in an easterly to northeasterly direction for a distance of approximately 2,600 linear feet. The flexible pavement system will consist of two (2) 12 -foot wide travel lanes, i.e. one (1) travel lane for each direction of travel, with 4 -foot wide paved shoulders. On the other hand, the rigid pavement system will initiate at the easterly terminus of the proposed flexible pavement system and will extend in the easterly direction for approximately 200 feet where it will tie into the existing southbound service road of State Highway 6. The rigid pavement system proposed for this portion of the roadway extension will consist of two (2) 25.5 -foot wide eastbound travel lanes and two (2) 25.5 -foot wide westbound travel lanes with a 3 -foot wide median along the centerline of the roadway. Therefore, the flexible pavement system will have a width of 32 feet from edge -to -edge of pavement and the rigid pavement roadway will have a width of 52 feet from back-to-back of curb. We understand from your e-mail that the traffic expected along the proposed roadway will have a 24-hour average daily traffic (ADT) volume of 3,200 vehicles in 2017 and will have an anticipated growth rate of 4 percent over the 20 -year design period. The volume of trucks within the ADT has been stated to be 4 percent. Final grading plans associated with the proposed roadway extension are not known at the present time, but based on the previously referenced preliminary plans, we anticipate the cut and fill operations could range from 1 foot to 4 feet along the upland portions of the roadway extension. In addition, maximum placement thicknesses of fill could range from 16 to 19 feet along two (2) specific areas of the proposed roadway alignment which will have to cross existing drainage ways. We understand that the proposed roadway extension will also include the installation of two (2) 48 -inch reinforced concrete pipe culverts at each of the two (2) previously referenced drainage way crossings. C. Outline of Proposal. The subsequent sections of this proposal discuss the work efforts involved with the field exploration study, the laboratory testing program, and the engineering analysis and report writing work efforts, as well as the costs associated with these work efforts. CME TESTING AND ENGINEERING, INC. Vol. pg. S� Mr. R. Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 3 GEOTECHNICAL INVESTIGATION PROGRAM CME proposes to secure information on subsurface conditions by drilling a total of seven (7) geotechnical borings. The spacing of the borings will range from approximately 300 feet to 600 feet. Two (2) of the borings will be positioned near the two (2) previously referenced drainage way crossings and these two (2) borings will be advanced to a depth of approximately 15 feet below the existing surface grade. The remaining five (5) boring locations will be spaced along the proposed alignment of the roadway and these five (5) borings will be advanced to a depth of approximately 10 feet below the existing surface grade. Therefore, the subsurface investigation will consist of approximately 80 feet of drilling. Based on a previous e-mail communication from you, we understand that the proposed roadway alignment will be cleared prior to the initiation of drilling activities. Consequently, we have not included any clearing costs in this proposal. We believe that the clearing operations will consist of paths that are at least 12 to 14 feet wide, and as a result, we have assumed that the site will be accessible with a truck- mounted rotary drilling rig. Sampling of the subsurface soils will be accomplished by hydraulically pushing a thin-walled tube sampler in cohesive soils in accordance with the procedures of ASTM D 1587 or by driving a split -barrel sampler in cohesionless soils in accordance with the procedures of ASTM D 1586. Upon removal from the respective sampler, the samples will be visually classified by a geotechnologist and an estimate of the undrained shear strength of the cohesive soils will be made using a hand penetrometer. The samples will then be sealed in appropriate packaging and placed in core boxes for transportation to our laboratory for analysis. CME will monitor groundwater conditions in the borings during and immediately after completion of drilling operations. The borings will be plugged with soil cuttings following the completion of the water table readings as a safety precaution for animals grazing in the areas on either side of the roadway alignment. We have assumed that the owner will grant CME permission to access the proposed boring locations and that the field activities can be planned during a relatively dry period that will permit access to the proposed boring locations by the truck -mounted drilling rig. We also assume that CME has permission to breach any existing fences at the site in order to access the proposed boring locations and that CME will not be responsible for repairing any sections of fence that needs to be breached. LABORATORY TESTING PROGRAM All samples of subsurface materials recovered from the borings will be examined and classified in the laboratory. Pertinent engineering characteristics of the soils encountered in the borings will be determined by appropriate tests on selected samples. Emphasis will initially be given to conducting soil classification tests based on the Unified Soil Classification System requirements and will include moisture content (ASTM D2216-10 - Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ), liquid and plastic limits (ASTM D4318-10el - Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils), and gain -size tests (ASTM D422-63 (2007)e2- Standard Test Method for CME TESTING AND ENGINEERING. INC. Vol. Pg. Mr, R. Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 4 Particle -Size Analysis of Soils and/or D 1140-00 (2006) - Standard Test Methods for Amount of Material in Soils Finer than No. 200 (75-µm) Sieve). These classification tests will be supplemented by strength tests consisting of unconfined compression tests which will be conducted in general accordance with the procedures of ASTM D21661ASTM 2166M- 13 - Standard Test Method for Unconfined Compressive Strength of Cohesive Soil. The classification and strength tests will be supplemented by chemical reaction tests performed on selected samples of the existing subgrade soils that were collected at the boring locations. The presence of soils that contain elevated sulfate concentrations can be significant in evaluating the performance of any pavement system since these soils tend to expand uncharacteristically in the presence of a calcium based stabilizing agent, such as hydrated lime, which is typically used in the stabilization of pavement subgmde soils. Consequently, we proposed to analyze two (2) samples of potential subgrade soils for soluble sulfates in accordance with Texas Department of Transportation Test Method Tex -145-E, Part lI - Determining Sulfate Content in Soils — Colorimetric Method. The soluble sulfates test provides information concerning the suitability of the soils for stabilization with hydrated lime. The samples will be tested and evaluated in a manner that will allow incorporation of the laboratory data into the final engineering report that will present our analysis of the distressed conditions. Soil samples will be retained for a 30 -day period following the date of the engineering report and will then be disposed. If requested in writing by the owner, a longer storage period can be arranged. ENGINEERING AND TECHNICAL SERVICES An engineering report will be submitted documenting field activities and laboratory test results, as well as the results of engineering analysis and recommendations. The report will be provided in the form of one (1) electronic copy that will be transmitted for your use and distribution. The engineering analysis and recommendations will address the subsurface conditions at the boring locations along the alignment of the proposed roadway extension. Particular anomalies in the subgrade soils and the foundation soils will be noted and addressed. The report will also include general foundation recommendations for the roadway pavement sections which will include recommendations for chemical stabilization of the subgrade soils. The report will also include a section that will present a discussion on subsurface conditions that could have an effect on construction of the proposed roadway extension. Finally, the report will have a section that will offer recommendations for material quality control and placement procedures for both the pavement section and the utilities associated with the project, TERMS AND CONDITIONS CME proposes to perform the outlined scope of work in accordance with the provisions of the enclosed Terms and Conditions far Geotechnical Services (hereinafter Terms) in Attachment I to this proposal. The terms of this proposal are contingent upon a mutually acceptable agreement. CME TESTING AND ENGINEERING, INC. Vol.— pg. 5 �� Mr. R. Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 5 ESTIMATED PROJECT COST Based on the revised scope of study outlined herein, CME has estimated the type and number of work units required to perform the defined work effort, and we have summarized them in the accompanying Table 1. The charges for each of the described work units are also presented in Table I and were derived from the standard fee schedules presented in Appendix A (labor charges), Appendix B (office expenses), and Appendix C (field exploration and laboratory testing charges) of the Terms (Attachment I). Using our standard unit charges, the estimated cost to perform the revised outlined geotechnical study is approximately $5,681 as detailed in Table 1, with a not -to -exceed amount of $6,000. The costs actually invoiced to you will be based solely on the work units performed in accordance with the unit rates set forth in the enclosed Terms (Attachment 1). PROJECT SCHEDULE Following acceptance of this proposal, we believe that we will be able to initiate the proposed fieldwork within 3 to 5 working days of your acceptance and that the fieldwork will require one day to complete, We estimate that the laboratory work can be completed within 5 to 7 working days of the completion of the fieldwork and that the preparation of the engineering report for the project, including the analysis of the collected data, can be completed within 5 to 7 working days of the completion of the laboratory testing. Therefore, we anticipate that we will be able to present a report summarizing our investigation within 14 to 20 working days of your notice to proceed, unless inclement weather adversely affects drilling equipment access to the site or if the previously assumed clearing activities have not been performed along the roadway alignment. PROPOSAL ACCEPTANCE If you are satisfied with the professional services, scope of work, and costs presented herein, you may indicate your acceptance of the work effort described in this proposal by signing on the appropriate line of the Proposal Acceptance Sheet (last page of the Terms) and returning one copy of the executed proposal to CME or by issuing a Notice -to -Proceed through e-mail communication or telephone conversation. When signed or accepted through a notice to proceed, this proposal letter and the accompanying Terms will represent an agreement of services in accordance with the provisions set forth. Any changes to the scope of work or conditions of services as stated herein will be made in writing. When acknowledged in writing, such changes will become part of this agreement. CME TESTING AND ENGINEERING. INC. Evo(, WSJ P9 J 1. Mr. R Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 6 CLOSING CME sincerely appreciates the opportunity to submit this proposal to the Brazos County Road & Bridge Department. We look forward to working with you on this project. Please do not hesitate to call upon us at (979) 690-3600 if you have any questions or if we can be of further assistance. Sincerely, M. Frederick Conlin, P.E. Senior Engineer MFC:GTS Attachments Via: e-mail [RAMunger@brazoscountytx.gov] ` tO 12/rte c_ Taylor Stinson, E.I.T., M.S. Project Engineer CME TESTING AND ENGINEERING, INC. va. &�el-,5� pg. S 1 Mr. R. Alan Munger, P.E., Brazos County Engineer Proposal to Perform Subsurface Investigation and Geotechnical Study for Proposed Extension of Mesa Verde Drive Between Intersections with Existing State Highway 6 and Proposed Chaco Canyon Drive Brazos County, Texas Page 7 Table 1. Cost Estimate for Subsurface Exploration and Geotechnical Study in Connection with Proposed Mesa Verde Drive; Brazos County, Texas Quantity Unit Rate Total Description of Work Units (units) (S/unit) (S) Nater Task I—Field Investigation Labor Project Engineer 2 hr 85/hr Field Geotechnologist (Logging) 8 hr 46/hr Expenses Drilling Notc2 80 lin ft Mobilization -Demobilization for Truck -Mounted I Rotary Drill Rig and Support Vehicles Miscellaneous Drilling Expenses I Subtotal Task I Task II — Laboratory Testing Expenses Moisture Content Atterberg Limits Percent Passing No. 200 Unconfined Compression Test Sulfate Tests Subtotal Task 17 Task III —Report Preparation Labor Senior Engineer Project Engineer Expenses Miscellaneous Production/Graphics and Communication Expenses 18 18 18 5 2 8 12 170 368 12.65/linft 1,012 Lump Sum 700 Lump Sum 7/test 32/test 18/test 33/test 90/test 11 51h 85/hr Estimated Sum 100 2,350 126 576 324 165 180 1,371 920 1,020 Tahle Nores: I. Cast rounded up to nearest whole dollar, 2. Drilling program to consist of two (2) 15 -foot deep borings and five (5) 10 -foot deep borings for a total footage of 80 linear feet. CME TESTING AND ENGINEERING, INC. Voll. Pg. G U _ CME TESTING AND ENGINEERING, I N C . ATTACHMENT I Terms and Conditions for Geotechnical and Structural Design Services Vol.- Pr. / CME TESTI N G AN D EN 0 1 N EERI N-3 r I N C. TERMS AND CONDITIONS FOR GEOTECHNICAL AND STRUCTURAL DESIGN SERVICES 1. SERVICES TO BE PROVIDED. CME is an independent consultant and agrees to provide Client for its sole benefit and exclusive use, consulting services set forth in this proposal. The labor and expenses costs listed in the proposal are fraud upon the wit labor rates listed in Appendix A and the wit expense costs listed in Appendices B and C. S. PAYMENT TERMS. Client agrees to pay our invoice upon receipt. If payment is not received within 30 days from the invoice date, Client agrees to pay a service charge on the past due amount at the prevailing legal rate, including reasonable attorney's fees, if collected through an attorney. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to contraetars of others. 3. STANDARD OF CARE. CME will perform its services using that degree of care and skill ordinarily eitercised under similar conditions by reputable members of our profession practicing in the same or similar locality. NO OTHER WARRANTY, EXPRESS OR RNPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS. 0. INSURANCE. CME maintains insurance coverage as follows: In.) Worker's Compensation Insurance - statutory. (b) Emp(ayer's Liability Insurance-SP,000,000. (c) Comprehensive General Liability Insurance -S1,000,00041,000,000. (d) Automobile Liability Insurance- E 1,000,000/$ 1,000,000. S. PROFESSIONAL LIABILITY. Client agrees that CME's liability to Client or any third party due to any negligent professional nets, ¢Wars w omissions or breach of contract will be limited to an aggregate 00 10,000 10,000 or off total fee, whichever is greater. If Client prefect to have higher limits of professional liability, we agree to increase the limit up to a maximum of $1,000,000 upon Clint's written request at the time of accepting our proposal, providing that Client agrees to pay an additional consideration of ten percent of our total fee, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by us and is not a charge for additional professional liability insurance. 6. CONSEQUENTIAL DAMAGES. Neither Consultant nor Client shall be liable to the other for any consequential or incidental damages arising as a result of this Agreement including, but not limited to, toss of use x loss of profit. 7, SITE OPERATIONS Client will arrange for right -of -entry to the property for the purpose of performing studies, tests and evaluations ptusuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. CME's field personnel we trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. Our field persormcl will avoid hazards or utilities which are visible to them at the site. If we are advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CME is not responsible for arty damage or losses due to undisclosed or unknown surface or subsurface conditions, awned by Client or third parties. Except as a result of our sale negligence, Client agrees to indemnify us from any such claims, suits or losses, including reasonable attorney's fees, resulting therefiom. We will take reasonable prermutions to minimize damage to the property caused by our operations. Our fee does not include any cost of restoration due to any damage which may result IfClient desires us to repair such damage, wee will comply and add the cost to our fees. Field tests or baring locations described in our report or shown on sketches are baud on specific information furnished by others or estimates made in the field by ow persewel. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in our proposal or report S. FIELD REPRESENTATIVE. The presence of out field personnel, either full-time or part-time, will be for the purpose of providing observation and field testing of specific aspects of the project as authorized by Client. Should a eorunwor, not retained by us, be involved in the project, Client will advise contractor that our services do not include supervision or direction of the actual work of the contractor. his employees or agents. Client will also inform contractor that the presence of our field representative or observation or testing by us will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. If a contractor (other than a subcontractor to CME) is involved in the project, Client agrees that in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the jobsite, including safety of all persons and property during performance of the work, and compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to normal working hears. It is agreed that vie will not be responsible for job or site safety on the project and that we do not have the duty or right to slap the work of the contractor. 9. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or ==men may be encountered which could substantially alter the necessary services or the risks involved in completing our services. If this occurs, we will promptly notify and consult with Client, but will act based on oursolejudgment where risk to our personnel is involved. Possible actions could include: (a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in our sole judgment; (b) Agree with Client to modity the Scope of Services and the estimate of charges to include study of the unforeseen conditions or omunenees, with such revision agreed to in writing (c) Terminate the services effective on the date specified by us in writing. 10. SAMPLE DISPOSAL. Test specimens or samples generally me consumed or substantially altered during testing and are disposed of immediately upon completion oftests. Drilling samples and other specimens are disposed of 30 days after submission ofour report. A. NONHAZARDOUS SAMPLES. At Clint's written request, we will retain preservable test specimens or the residue therefrom for 30 days after submission ofour report rice of storage charges. After the initial 30 days and upon written request we will retain test specimens or samples for a mutually acceptable storage charge and period of time. Client agrees that we are not responsible or liable for soy loss of test specimens or samples retained in storage. Terms Page I Ivo' i. ' «(, (O; CME TESTING AND ENGINEERING, INC. TERMS AND CONDITIONS FOR GEOTECHNICAL AND STRUCTURAL DESIGN SERVICES B. 'HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES, In the event that samples contain hazardous constituents, we will return such samples to Client, or wing a manifest signed by Client as generator, we will have such samples Unreported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples. Client recognizes and agrees that we are acting as a bailee and at no time assume title to said materials. 11. 'CLIENT DISCLOSURE. Client agrees to advise us upon execution of this Agreement of any hazardous substances or any condition, known or that should be known by Client, existing in, on, or near the site that present a potential danger to human health, the environment, or equipment. Client agrees to provide continuing information as it becomes available to the Client in the future. By virtue of entering into this Agreement or of providing Services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present apotential danger to public health, safety or the environment. Client agues to notify the appropriate federal, stale or Imal public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety, or the environment, 12. 'ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, Client agrees to the maximum extent permitted by law to defend hold harmless and indemnify CME from and against any and all claims and liabilities, unless caused by our sole negligence or willful acts, resulting from: (a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of toxic or hazardous substances or constiNents; (b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, tmnsportehon or disposal of toxic or hazardous substances or constituents found or identified at the site; (e) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; (d) Allegations that C&G is a handler, generator, operator, treater or starer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or Ideal regulation or law. If a third party brings suit or claim for damages against us alleging personal injury or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after the scMces of this Agreement Client agrees to the maximum went permitted by law to defend us and pay on our behalf any judgment resulting against us, including interest thereon, unless such damages are caused by our sole negligence. 13, *EQUIPMENT CONTAMINATION. We will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionally, such equipment cannot he completely decontaminated because of the type of ba nrddas materials encountered. If this occurs, it will be necessary to dispose of the equipment in a manner similar to the indicated for hazardous samples and to charge Client as described above. Client agrees to pay the fair market value of my such equipment. 14. DOCUMENTS. CME will furnish to Client the agreed upon number of reports and supporting documents. Theta: instruments of service are famished for Client's we in connection with the project or work provided for in this Agreement par any other purposes, all documents generated by us under this Agrcemcnt shal I remain the Sole property of CME. If Client desires to provide our report to a third party, we will agree provided Client obtains written acceptance from the third parry to be bound by these terms and conditions. Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will nut be used by Client for any purpose whatsoever. Client further agrees that documents produced by CME pursuant to this Agreement will not be used at any location or for any project not expressly provided for in this Agreement without our written approval. Client shall famish documents or information reasonably within Client's control and deemed necessary by us for proper performance of our services We may rely upon Client -provided documents in performing the smites required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client -provided documents will remain the property of Client. The documents we furnish to Client are intended for Client's exclusive reliance and internal use and not for advertising or other type of general distribution or publication. Client agrees to obtain am written permission for any exception. Any unauthorized use or distribution shall be at Client's sole risk and without liability to CME, 15. CLAIMS The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant fails to prevail, then the claimant shall pay all costs incurred in defending the claim, including reasonable attdmry's fees. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least ren perocat greater than the sun offered to resolve the matter prior to the commencement of trial. 16. CONFIDENTIALITY. CME will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute or publish to any third party without prior permission from Client unless compelled by ander of a coup or regulatory body of competent jurisdiction. 17. SEVERADILITY. In the event that any provision of this Agreement is found to be unenforceable, the other provisions shall remain in full to. and cf e.t. 1& SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability behwcn Client and CME shall survive the completion of the services and the termination of this Agreement. 19. INTEGRATION. This Agreement the attached documents and those Incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both the parties. 20. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. *Applies only if toxic or hazardous substances or constiwents are involved or encountered. Terms Page 2 V01. 2v .a CME TESTING AND ENGI N EERI N O, INC. APPENDIX A FEE SCHEDULE OF LABOR RATES FOR PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project planning, coordination, consultation and report preparation, and other required Client services, are billed by personnel charged directly to the project at the rate indicated below: Job Cateeory Hourly Fee Senior Scientist/Senior Engineer 115 Project Scientist/Staff Engineer 85 Technical Drafting 60 Production Graphics 55 Field Geotechnolanist 46 All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised from time to time to allow Consultant to attract and retain competent personnel for the performance of the work. A-1 Vol. _ ol. � � PU g. & �J i CME TESTING AND ENGINEERING, INC. APPENDIX B OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES, AND TRAVEL POLICY In addition to any other fee schedules or cost schedules appended to the Contract, the following services are reimbursable at the rate shown: Reproduction and Photography: a. Blueline (per square foot) ,25 b. Photocopy cost (per page) .10 c. Binding—cost d. Outside reproduction work—cost plus 15% e. Special forms, printing, special engineering services, model supplies --cost plus 15% f Photography --cost plus 15% H. Graphics: a. Labor plus per plot charge: 1. 8 1/2" x 1 l" print/plot 10.00 2. I1" x 17" print/plot 20.00 3. 24" x 36" print/plot 15.00 4. 36" x 48" print/plot 25.00 5. Duplicate print/plots 5.00 b. Document covers (each) 3.00 III. Communications, Shipping, and Mileage: a. Telephone (long distance conference calls) --cost plus 15% b. Express charges and shipping charges—cost plus 15% c. Consultant vehicle".65 per mile IV. Business/Travel Expenses: If required for the project, business travel expenses will be in accordance with the rate listed below for mileage and for room and board. a. Mileage (personal vehicle), per mile b. Rental car — cost plus 15% c. Per diem —cost plus 15% (maximum of $75 per day) .65 This rate schedule maybe, with thirty (30) days written notice to Client, revised in accordance with any and all changes in Federal/State/Local laws, ordinances, and policies, as well as changes in local labor requirements reflecting the ability of Consultant and its subcontractors, if any, to attract and maintain the necessary work force. B-1 Vol P9• CME TEBTING AND ENGINEERING, INC. APPENDIX C SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Field ODerations - Subcontract Rate 1.00 Mobilization 1.01 Mobilize men and truck -mounted drilling equipment - per mile 4.60 1.02 Mobilize men and ATV -mounted drilling equipment - per mile 5.00 1.10 Drilling and Sampling Mud, grout, or casing - cost plus 15% 1.11 Drilling -Truck -Mounted Drill Rig- per ft. (0-50 feet) 12.65 1.12 Drilling- Truck -Mounted Drill Rig - per ft. (50-100 feet) 14.95 1.13 Drilling - ATV -Mounted Drill Rig- per ft. (0-50 feet) 13.80 1.14 Drilling - ATV -Mounted Drill Rig- per ft. (50-100 feet) 14.95 1.13 Coring in rock - Soft rock - per ft. 24.00 1.14 Coring in rock - Hard rock - per ft. 29.00 1.20 Conditional Charges 2.31 Standby and trip time - per hour 175.00 2.32 Expended drilling materials - cost plus 15% 2.33 Mud, grout, or casing - cost plus 15% 2.34 Boring location survey - cost plus 15% 235 Rental of access equipment - cost plus I S% 2.36 Trip charge - cost plus l5% Laboratory Soil Tests 2.00 Classification Tests 2.01 Moisture Content (ASTM D 2216) 7.00 2.02 Liquid and Plastic Limits (ASTM D 4318) 32.00 2.03 Linear Bar Shrinkage (ASTM Tex -107-E, part 11) 40.00 2.04 Unit Weight 10.00 2.05 Specific Gravity (ASTM D 854) 50.00 2.06 Dry Sieve Analysis (ASTM D 422) - per sieve 18.00 2.07 Wet Sieve Analysis (ASTM D 422) - per sieve 18.00 2.08 Hydrometer Analysis (ASTM D 422) 110.00 2.10 Material Characteristics 2.11 Permeability, BP saturation EM 1110-2-1906, (ASTM D 5084) 200.00 2.12 Resistivity (Tex -129-E) 68.00 2.13 Wet Ball Mill (Tex -1 16-E) 165.00 2.14 Optimum Lime Content, pH Method (ASTM D 6276) 140.00 2.15 Soil/Cement or Fly Ash Series (ASTM D 1632) 350.00 2.16 Pinhole Test (ASTM D 4647) 150.00 2.17 Crumb Test 5.00 2.18 Phenolphthalein Test 10.00 2.19 pH Determination (ASTM D 2976) 20.00 C-1 CME TESTING AND ENO] NEEFZI NO, I N C. APPENDIX C (CONTINUED) SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Laboratory Soil Tests (Continued) Rate 2.20 Strength Tests 2.21 Hand Penetrometer or Torvane 1.00 2.22 Unconfined Compression (ASTM D 2166) (only) 33.00 2.23 Unconfined Compression (ASTM D 2166), With Moisture and Dry Unit Wt. 47.00 2.24 UU-Triaxial (ASTM D 2850) (single stage) 115.00 with sample preparation (per stage) 25.00 2.25 UU-Triaxial (ASTM D 2850) (multi -stage) 240.00 with sample preparation (per stage) 25.00 2.26 CU -Triaxial (ASTM D 4767) (w/pore pressure measurements) 285.00 with sample preparation (per stage) 25.00 2.27 California Bearing Ratio (CBR) (ASTM D 1883), 3 per set 500.00 2.30 Volume Change Tests 2.31 Percent Swell 150.00 2.32 Swell pressure and Percent Swell (ASTM D 4546) 275.00 2.33 Consolidation (ASTM D 2435), 7 or less loading increments 400.00 C-2 F—I— ��f-J`�Pg. CME TESTING AND ENGINEERING, INC. PROPOSAL ACCEPTANCE SHEET FOR GEOTECHNICAL PROJECTS DESCRIPTION OF PROJECT AND SERVICES: Identification of Services: Subsurface Exploration and Geotechnical Study Project Name: Proposed Extension of Mesa Verde Drive Project Location: Chaco Canyon Drive and SH 6: Brazos County, Texas Proposal Date: Julv 29, 2015 CLIENT: Name: Brazos Count Road & Bddee Department Street Address: 2617 State Highway 21 West City: Bryan IState: D Zip Code: 77803 Phone Number: (979) 822-2127 Ext. 3026 Facsimile Number: (979) 775-0453 Cellular Telephone Number: (979) Attention: Mr. R. Alan Munger, P.E.. Countv Engineer e-mail: RAMungebrazoscountvtx.com FOR NOTICES: Client: Name Address Phone Number Consultant: Name CME Testing and Engineering Inc Address 320 Graham Road College Station, Texas 77845 Phone Number: (979) 690-3600 FOR INVOICING: Client: ❑ Same as above. Name Address Phone Number SPECIAL INSTRUCTIONS: PROPOSAL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms on this page are: Accepted this day of 2016. Print or type individual, firm or corporate body name Signature of authorized Print or type name of authorized representative and tit[e Proposal Acceptance Sheet- Page AGREEMENT BETWEEN COUNTY AND SURVEYOR THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 9th day of August , 2016, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste, 332 Bryan, Texas 77803 and the SURVEYOR: Strong Surveying 1722 Broadmoor, Ste 105 Bryan, TX 77802 for the following PROJECT: Professional SURVEYOR and Surveying Services for Mesa Verde Extension Project describe in attached scope of work The COUNTY and SURVEYOR agree as set forth below. ARTICLE SURVEYOR'S RESPONSIBILITY 1.1 SURVEYOR'S SERVICE L.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR, SURVEYOR'S employees and the SURVEYOR'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1,2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work, The SURVEYOR shall submit for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having Agreement Bethveen County and SURVEYOR Page I ON jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the SURVEYOR or the COUNTY, ARTICLE II SCOPE OF SURVEYOR'S BASIC SERVICES 2,1 DEFINITION 2.1.1 The SURVEYOR'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Strong Surveying TO BRAZOS COUNTY. ARTICLE II[ ADDITIONAL SERVICES 3.1 Article III Intentionally Deleted, ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs, 4,3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the SURVEYOR in order to avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service. 4.4 The COUNTY shall give prompt written notice to the SURVEYOR if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract, 4,5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the SURVEYOR, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the SURVEYOR. 4.6 The proposed language of certificates or certifications requested of the SURVEYOR or the SURVEYOR'S consultants shall be submitted to the SURVEYOR for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. Agroement Between County and SURVEYOR Fo l. Pg�7 Page 2 of 9 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE SURVEYOR. ARTICLE V CONSTRUCTION COST 5.1 ARTICLE V INTENTIONALLY DELETED. ARTICLE VI USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the SURVEYOR with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The SURVEYOR may retain one set of reproducible copies of the documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or reports for the COUNTY. The SURVEYOR is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the SURVEYOR for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the SURVEYOR. Any such verification or adaptation will entitle the SURVEYOR to further compensation at rates to be agreed upon by the COUNTY and the SURVEYOR, 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the SURVEYOR'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination, 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the SURVEYOR shall be compensated for services performed prior to notice of such suspension. Agreement Between County and SURVBYOR I VA�5 Pg. �ol. — Page 3 of 9 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the SURVEYOR in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the SURVEYOR may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the SURVEYOR may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the SURVEYOR receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the SURVEYOR shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the SURVEYOR, the SURVEYOR shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the SURVEYOR, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the SURVEYOR shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the SURVEYOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the SURVEYOR. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the SURVEYOR. Agrecmcnl &mew County and SURVEYOR Vol. .LTS pg. % - Pago 4 of 8.6 The SURVEYOR shall have the right to include representations of the design of the Project, including photographs, among the SURVEYOR'S promotional professional materials. The SURVEYOR'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the SURVEYOR in writing of the specific information considered by the COUNTY to be confidential or proprietary, 8.8 COMPLIANCE AND STANDARDS. The SURVEYOR agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the surveying profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the SURVEYOR'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427, 8.10 INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the SURVEYOR, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the SURVEYOR, or of any person employed by the SURVEYOR. The SURVEYOR shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the SURVEYOR, its agents or employees, 8.11 LIQUIDATED DAMAGES: It is acknowledged that the SURVEYOR's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the SURVEYOR agrees that liquidated damages may be assessed and recovered by the COUNTY as against SURVEYOR and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof, therefore SURVEYOR shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and SURVEYOR shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein, Agreement Between County and SURVEYOR i Pg. �✓ --- Page 5 of 9 ARTICLE IX PAYMENTS TO THE SURVEYOR 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the SURVEYOR'S statement of services rendered or expenses incurred, payment on account of the SURVEYOR'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the SURVEYOR'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the SURVEYOR has been found to be liable. 9.4 SURVEYOR'S ACCOUNTING RECORDS 9.4,1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9,5.1 Prior to the execution of this Agreement, the SURVEYOR has been advised by the COUNTY and the SURVEYOR fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that SURVEYOR may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the SURVEYOR hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the SURVEYOR from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreement ncneeca Countyand SURVEYOR U F al • a SJ— Pg. j Page 6 of9 In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the SURVEYOR'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the SURVEYOR to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The SURVEYOR shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS" The SURVEYOR shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project, Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The SURVEYOR shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the SURVEYOR has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the required Insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The SURVEYOR shall begin work immediately upon receipt of the Notice-to-Procced in writing by the COUNTY or the COUNTY's designee. The project wilt proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the SURVEYOR. 1.1.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays beyond the control of the SURVEYOR may be cause for extension of this period of service, in which case the SURVEYOR shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. Agm menl as ween County and SURVEYOR tI it�t. `�-5J_ gig. 7S Page 7 of 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the SURVEYOR'S services shalt be adjusted equitably. Ageeemeat Between County and SURVEYOR Vol. Pg.�%� Page g of 9 This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Approved as to Form: Assistant County Attorney Agreement aehveen Caunry and SURVEYOR SURVEYOR FIRM w ag��k— by: Principal Voi. pg. -L7--- Page 9 of 1722 Broadmoor Ste. #105 TRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 URVEYING, LLC FIRM NO. 10093500 Email: curtis@strongsurveying.com V April 29, 2016 Revised: August 1, 2016 Joel Mitchell, P,E, Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979)260.6963 (979) 260.3564 FAX RE: Cost Estimate for Topographic and Boundary survey for Mesa Verde Extension Dear Joel, I appreciate the opportunity to provide professional surveyng services for your firm. Please lel this letter serve as a cost estimate for the following services: 1. Horizontal and Vertical Control. (NOT TO EXCEED $ 2,500,00) 2. Topographic Survey of the Extension of Mesa Verde for approximately 3000 Lf, as per pdf. We will survey approximately 100' each side of the centerline at 100' Intervals. We will also survey additional sections at creeks as per pdf. We will need Brazos County to get right -of -entry to each property. (COST WILL NOT TO EXCEED $ 7,600.00) Boundary — None TOTAL COST NOT TO EXCEED $10,000.00. Easements —We will show any easements that are provided through documents or a current title report for the property. No easement research will be performed by Strong Surveying, LLC, Strong Surveying, LLC wilt also submit a DIG-TESS call and will locate any underground utilities that are marked by their respective owners. Lines that are not marked will not be shown, This cost estimate is based on utilizing the Brazos County Inmates to help with brush cutting throughout the project. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 776.9836. Sincerely, H. Curtis Strong, RPLS Via:email a United Airlines, Inc. ("United") Group Accounting 1.800-426.1722 groupaccountl ng@united.com Attention: SHORTS TRAVEL MANAGEMENT 16534184 Confirmation Number: IKS2E7 1132 DIXON DR WATERLOO, IA 50701 Group Name: STATE OF TEXAS Must Sign and Return By: Wednesday, 02 November, 2016 Names Due/Must Ticket By: 14Decl6 Last Day to Cancel/Reduce Without Charge: 2Novl6 Utilization Requirement: 80 percent held on 2Novl6 Non -Utilization Charge Per Person: 200.000SD Terms and Conditions for Group Travel 1. Call in your credit card information by the ticketing due date to avoid cancellation. 2. Any payment greater than $10,000USD made to United in U.S. territory for the purchase of air transportation in a cash transaction is reportable to the U.S. Internal Revenue Service (IRS) and purchaser must provide certain required information to United to complete IRS Form 8300. A cash transaction includes, but may not be limited to, any payment totaling more than $10,000USD made through any combination of U.S. and/or foreign currency, a cashier's check, a bank draft (not including personal or business checks), a money order and/or a traveler's check in amounts of $10,000 or less. 3. If your group reduces below United's minimum group passenger requirement of 10, this fare offer will no longer apply 4. Reducing your group to 10 will result in a 100% "utilization requirement" of 10 5. Government imposed ticket taxes, fees, surcharges, levies and the like are estimated and subject to change; those in effect at the time of ticketing will be applicable 6. United imposed fees and surcharges, which may be filed in the YQ and/or YR ticketing field, are guaranteed at the time of booking 7. A booking service fee (BSF), as set forth at www.united.com/groups, will apply on group tickets that are issued by United. The BSF will apply per ticket and is non-refundable. The BSF will be collected at the time of ticketing 8. United reserves the right to change equipment or schedules without notice 9. United will not be liable for delays or cancellations due to weather or any other cause beyond United's control 10. Electronic tickets will be issued when payment in full has been received It. Contact the Group Department at least 30 days prior to departure to finalize ticketing 12. All transportation is subject to United's Contract of Carriage and applicable tariffs 13. Seat assignments for groups maybe assigned at booking subject to availability, but are not guaranteed. Any unassigned group seats will be assigned at check-in. 14. United also offers Economy Plus seating. If you would like information on United's Economy Plus seating, please contact the United Group Desk for reservation policies and pricing. Group Passengers with applicable Mileage Plus status, may secure complimentary Economy Plus seating. By making a reservation or accepting transportation on United, you agree to all the terms and conditions of Contract of Carriage, viewable at www.United.com or upon request at any airport serviced by United. Confidential Page 1 10/27/2016 United Airlines, Inc. ("United") Group Accounting 1.800428.1122 groupaccountlng@united.com Wed i8JAN17 UA 4129 K COLLEGE STATION, TEXAS 25 7:15AM HOUSTON, TEXAS Wed 18JAN17 UA 1718 K HOUSTON, TEXAS 25 8:55AM WASHINGTON, DC DCA Sat 21JAN17 UA 367S WASHINGTON, DC DCA 25 7:59AM HOUSTON, TEXAS Sat 21JAN17 UA 4050 S HOUSTON, TEXAS 25 1:03PM COLLEGE STATION, TEXAS Flt 4129 operated by ExpressJet Airlines Inc. dba United Express Flt 4050 operated by ExpressJet Airlines Inc. dba United Express United base fare: 287.00 United fees and surcharges: $.00 Estimated Government imposed ticket taxes, fees and surcharges: $67.05 Estimated total ticket price. $354.05 7:59AM ER3 12:53PM 737.800 10:33AM 320 1:46PM ER3 Current government imposed international taxes, federal excise tax, passenger facility charges, surcharges, or fees are not guaranteed and are subject to change; those in effect at the time of ticketing will be applicable. Contact United Group Desk department when you are ready to ticket. Group fares are non-refundable once ticketed. If the ticketed Flight reservation is canceled prior to the ticketed departure time, the ticket will be valid for transportation for one year from the date of issuance of the original ticket and will be subject to any and all applicable change fees. If the passenger fails to travel and the ticketed flight reservation is not canceled prior to the ticketed departure time, the ticket will have no value after the ticketed departure time. Changes to the current itinerary must be made by the date of departure or the remaining ticket will have NO VALUE. Review carefully as receipt of your signed contract represents acceptance of the above terms and conditions. Authorized signature: name STATE OF TEXAS Thank You for Choosing United Confidential Page 2 pe -w S 10/27/2016 Fol-1: Pg-/O1 DEPARTMENT MEETING DATE: SUBJECT: RE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge November 1, 2016 Private Property Access Request permission to enter private property owned by Karla Ann Seeton at 5320 Straub Road. Project will require the County to trim high grass at the intersection of Straub Road and Stousland Road for better site distance. Site is located in Precinct 1. SUBMITTED BY: (Q,X,j �J. -kL, Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Lloyd *assermann Commissioner Precinct I This request is P1 APPROVED /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: It I Wuo [Vol: pg� 1-i BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pat. 3 Irma Cauley Commissioner Pct.4 OWNER(S): Karla Ann Seaton - (979) 739-5143 ADDRESS: P. 0. Box 9224 College Station, Texas 77842-9224 R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Office: 979-822-2127 Fax: 979-775-0453 mmunger@brazoscauntyhc.gov III. LOCATION OF WORK: 5320 Straub Road Property ID: 11063 —Samuel Davidson Sy., A-13, Tract 12, 6.352 acres IV. DESCRIPTION OF WORK: Project will trim high grass with weed eaters for better site distance around corner at Straub Road and Stousland Road. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: 1(_11111Date: S 2,1Z arla Ann Se on R. Alan Munger, P.E, Darrell Kolwes County Engineer Right of Way Agent Pg. `02 DEPARTMENT: MEETING DATE: SUBJECT: A BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge November 1, 2016. Private Property Access Request permission to enter private property owned by Philip Bienski at 1839 Smetana Road. Project will require the County to clean out drainage channel for better runoff. Site is located in Precinct 4. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Commissioner Precinct This request is 21 APPROVED /El DENIED by Commissioners' Court _ w Duane Peters, County Judge Date: //b/o1p/(n Vol. Pg. 5 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan Munger, P.E. Brazos County Judge County Engineer Brazos County Road 8 Bridge Dept Lloyd Wassemlann 2617 Hwy 21 West Commissioner Pct. 1 Bryan, Texas 77803 Office: 979-822-2127 Sammy Catalena Fax: 979-7750453 Commissioner Pct. 2 ramunger@brazoscountytx.gov Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct.4 OWNER(S): PhilipBienski �CY79�aao-o4sa ADDRESS: 1839 Smetana Road Bryan, Texas 77807-5247 III. LOCATION OF WORK: 1839 Smetana Road Property ID: 349775 - John Williams Sy., A-237, Tract 62.5, 0.18 acres IV. DESCRIPTION OF WORK: Project will clean out existing drainage channel. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date: /62� (� Philip Bi nski . k - R. Alan Munger, P. Darrell Kolwes County Engineer Right of Way Agent F .�— Rz BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 1, 2016 SUBJECT: Utility Permit — Frontier Communications Corporation Consider and take action on the Frontier Communications utility permit to conduct a 60' bore under Cole Lane 1,320 feet northeast of SH 30. Work will include placing a service line through bore continuing on 80 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the bottom of ditch. Line will provide service to customer at 4749 Cole Lane. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Commissioner Precinct 2 This request is Z APPROVED / 0 DENIED by Commissioners' Court Duane Peters, County Judge DATE: /i ao j Vol._ Pg. �S NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPIIONE- FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now FRONTIER COMMUNICATIONS [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duty authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at a point approximately 1320' northeast of the junction of Cole Ln. and Hwy 30, a bore will be made north across Cole Ln, and then drop wire will be buried southwest for a distance of 80' at 3' within the north R.O.W. of Cole Ln. to a depth of 36". The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall continence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. Vol. --�— Pg. f a/ In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. FRONTIER COMMUNICATIONS Company Name Brenda Vaidak By: Supervisor -Network Engineer Title 301 Industrial Blvd.. Bryan, Texas 77803 Address 979-821-4770 Phone Number B renda.vai dakOftr.com Email Pg_ ------ — ---J ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Nov. 4. 2015 except as noted below: (Month/Day/Year) EXCEPTIONS: 0aAA�.� -PO r' Brazos County Engineer va S P9. -2 Google Maps Page 1 of 1 Go --.>& Maps 4749 COLE LN COUNTY NOTIFICATION n F`v li Ss COLE CREEK ESTATES' "Orson vaileYo .%ei F.rs CCIIiSiOnC¢Mel " " " C IA "PONVALLEY PECAN VALLEY Gen OaksM.abilc ¢ ADDITI ON „, Home Pork"' r •' ';.: p _ _ r4' Ad'p ,. P991alerd Wer Gernbs l v. pp Go- gle 9mitt/Ks Sporn .r i.Hm am M91 - 9i -' RAIN 80;'/ ACRES accNmm.." TREASURE HILLS Bmzos valley Map data ©2016 Google 1000 fts https://www.google.com/maps/(o)30.6480682,-96.2502399,15z 10/12/2016 -.: (TEST dS @ kHz - COUNTY NOTRCATiON 4749 COLE LN DRAWN DATE: I ENGR_ R WALLACE FNT_Y: SRAZOS I voi. �,;�3— pg./ -o TAX SEC: BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. 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'l'raffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; vol. o? V p9 �/ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. _,2vJ5' p9. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c, pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. EmerQencv 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 pg. y�3 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 utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines L 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 grades Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. p N nM _ p li 9 s J G 1 ��E6 P-9xg•�� ��S o�$E Yog� �fiait£gr_ �a's�a's� till b 6�gg2 � S�F��ES$ -g•g e��� 6.55: s�8yy -p88555 Y E �8 gg685ttE�k- p N nM _ p li 9 s J G 1 ��E6 P-9xg•�� ��S o�$E Yog� Z p W ~ till b 6�gg2 � S�F��ES$ -g•g e��� 6.55: s�8yy -p88555 Y E gg685ttE�k- _._.___.__—___—__.__ *EIP'e :aIng `11 odd a wi Vol.` �q —, 5� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 1, 2016 SUBJECT: Utility Permit— Frontier Communications Corporation Consider and take action on the Frontier Communications utility permit to conduct a 70' bore under Grassbur Road 925 feet northeast of Vicks Lane. Work will include placing a service line through bore continuing on 150 feet to the southwest within 3 feet of the right of way line. Proposed line will cross right of way a minimum depth of 36 inches under the bottom of ditch. Line will provide service to customer at 10238 Grassbur Road. Site is located in Precinct 2. SUBMITTED BY: '0'4.QQCJ, 2vt.._ Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: ZA�ZrA�t ammytalena Commissioner Precinct 2 This request is Id APPROVED / O DENIED by Commissioners' Court Duane Peters, County Judge DATE: / a o �3 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now FRONTIER COMMUNICATIONS [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at a point approximately 925' northeast of the junction of Vicks Ln and Grassbur Rd. a bore will be made north across Grassbur Rd., and then drop wire will be buried southwest for a distance of 150' at 3' within the north R.O.W. of Grassbur Rd. to a depth of 36". The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. F-0 1.ay-1 _ Pg. _, � Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds forjob 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 notification. FRONTIER COMMUNICATIONS Company Name Brenda Vaidak By: Supervisor -Network Engineer Title 301 Industrial Blvd.. Brvan. Texas 77803 Address 979-821-4770 Phone Number Brenda.vaidak a Rr.com Email r Vol. Pg. ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Nov. 4. 2015 except as noted below: (Month/Day/Year) EXCEPTIONS: 4r Brazos County Engineer Vol. =�S�S' Pg �. _. Go= /Ste earth Fee goo meters 200 Google Maps Page i of 1 Goc)gle Maps 10238 GRASSBUR RD WORK LOCATION Map data ©2016 Google 2000 ft https://www.google.com/maps/@30.7061246,-96-2177017,14z 10/12/2016 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. 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 Platt 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. �¢ S� p9. /�� b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally P Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol, vtis�,5' pgy j�) c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. I I. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TWTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencv work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. <l5� pg, %D�/ 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. E Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe of Pipeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. �5� pg. /h c u N 3 a Ot cgs € $ � o Y Z• Ezgu ia y F e wc�¢F o-53 $=s5, e.t�y Rg g,sE o Sp jig mi • Fg�' ��aEs g6�,Egn", p x gh a^fig ac' s., . H _-__—_—__---_—w.v-io:-•o-swia--__-_---__—__-_._-.---_ .oc o OG a sX Tj G�l� .wimvs • • �w�nwes _ _ _ _ _ _ _ _ _ t?a8 $r6 — oR b. 6�A$ �.o�w.�s N$dRmm& G..RRpp X05 Ez eBL sRrt'sA'ss �Sb e 2 c u N 3 a Ot cgs € $ � o Y Z• Ezgu ia y F e wc�¢F o-53 $=s5, e.t�y Rg g,sE o Sp jig mi • Fg�' ��aEs g6�,Egn", p x gh a^fig ac' s., . H _-__—_—__---_—w.v-io:-•o-swia--__-_---__—__-_._-.---_ �'ES A'1°.in`w"eeues.e wfM��ni.e::�°°•'.'�a'Sa°v.,....w .: v5� 5.rve Sln w �n.rvusw Val. s Pg. /0 6 .oc o OG a sX Tj G�l� .wimvs • • �w�nwes _ _ _ _ _ _ _ _ _ - _ — +wimvs �.o�w.�s ee:Aw. os tea. SSoE= X05 Ez eBL �Sb e 2 �'ES A'1°.in`w"eeues.e wfM��ni.e::�°°•'.'�a'Sa°v.,....w .: v5� 5.rve Sln w �n.rvusw Val. s Pg. /0 6 DEPARTMENT: MEETING DATE: SUBJECT: A BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge November 1, 2016 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Smiling Mallard Development, Ltd. and Paul J. Clarke, Inc. for 6.599 acres of land to be used for the extension of Mesa Verde Drive located in Precinct 1. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed SUBMITTED BY: ACKNOWLEDGED BY: (0"�w 0, 7/,-0, Darrell W. Kolwes Right of Way Agent Lloyd Wassermann Commissioner Precinct 1 This request is lLJ APPROVED / ❑ D by Commissioners' Court 1: D �-�- Duane Peters, County judge DATE: it l /o pg. ---....... _...._._.. _ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF TIIE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TERAS COUNTY OF BRAZOS Mesa Verde Drive KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): SMILING MALLARD DEVELOPMENT, LTD, a Texas limited partnership and PAUL J. CLARKE, INC., a Texas corporation Grantor's Mailing Address 3608 E. 29`x' St., Suite 100 Bryan, Texas 77802 Brazos County, Texas GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 6.599 acres of land situated in the - J. M. BARRERA SURVEY, Abstract No. 69 and the STERRETT D. SMITH SURVEY, Abstract No. 210, Brazos County, Texas and being a part of the following six (6) tracts: (1) Being part of the 16.725 acre Tract Three described in the deed from Partners in Habitat Preservation, LLC to Smiling Mallard Development, Ltd. recorded in Volume 8765, Page 176 of the Official Records of Brazos County, Texas; (2) Being part of the 16.672 acre tract described in the deed from Donald Gene Anderson to Smiling Mallard Development, Ltd. recorded in Volume 12910, Page 212 of the Official Records of Brazos County, Texas; (3) Being part of the 16.672 acre tract described in the Deed Without Warranty from Charles A. Ernst and Pae I of 4 d J. Garland Watson, Jr. to Smiling Mallard Development, Ltd. recorded in Volume 13117, Page 97 of the Official Records of Brazos County, Texas; (4) Being part of the 21.457 acres tract described in the deed from Elin Holdings, LLC to Smiling Mallard Development, Ltd. Recorded in Volume 12358, Page 228 of the Official Records of Brazos County, Texas, (5) Being part of the 8.443 acre tract described in the deed from April Sterling to Paul J. Clarke, Inc. recorded in Volume 13061, Page 111 of the Official Records of Brazos County, Texas; and (6) Being part of the 9.645 acre tract described in the deed from Mary Morehead Family Trust to Smiling Mallard Development, Ltd. recorded in Volume 12846, Page 1, said 9.645 acres being part of Lots 6, 7 and 8 of the Deer Park Subdivision recorded in Volume 221, Page 295 of the Brazos County Deed Records, and said 6.599 acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by-products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." Grantor reserves for itself and its successors and assigns, (a) all groundwater (the "Groundwater Estate"), being all underground water, percolating water, artesian water and other waters from any and all reservoirs, formations, depths and horizons beneath the surface of the earth in, under or that may be produced from the Property; (b) the right to use the surface of any easements on the Property (i) created by plat or (ii) reserved to Grantor in the Declaration of Covenants, Conditions, Reservations of the Villages of Indian Lakes, for ingress and egress for the purposes of exploring, investigating, conducting geologic, hydrogeological and geophysical surveys and tests, drilling, producing and owning groundwater, constructing waterworks, transporting water, laying water gathering and transportation pipelines and electric lines, thereon, therein or thereunder that are necessary and useful for Grantor to find, produce, sever, save, care for, measure, store and transport the groundwater from and over said lands; and (c) all rights, titles interests, claims and permits appurtenant to the Groundwater Page 2 of 4 Vol.ys� pg. _%'� Estate and that are necessary and useful for Grantor to find, protect, produce, sever, save, care for, measure, store, treat and transport the groundwater from and over the Property. This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this o2 4day of , 2016. Smiting Mallard Development, Ltd., a Texas limited partnership By: Smiling Mallard Management, LLC, a Texas limited liability company, its general partner By: Paul J. Cl , Innager Paul J. Clarke, Inc., a Texas corporation By: —:;: Z Paul J. Clark esr ent Page 3 of 4 VN. � X13 pg. //0 Acknowledgment STATE OF TE COUNTY OF C, ZUS This instrument was acknowledged before me on t i'l eC �4 0?WP by Paul J. Clarke, Manager of Smiling Mallard Management, LLC, a Texas limited liability company as General Partner of Smiling Mallard Development, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Acknowledgment STATE OF TEXA § COUNTY OF Z S § This instrument was acknowledged before me on 6(U 6T by Paul J. Clarke, President of Paul J. Clarke, Inc., a Texas corporation, on behalf of said corporation. N Angela MiracleMy Cammission Expires 0 810712 0 2 010 No.4794529 :1 Notary Public, State of Texas Page 4 of 4 7V-01--_.._ - -- I m � 8 r I Nj�o AN I I Nk�� I r 1 Leton Law C� I Z for"RaR Iq I I 4 m 51 �--- 2— � I J1 0 coq mJ6 m � LAaro Lonyw O.rK 2 L 12 --- ,. p ,tia'q I I q Nb\`P � 6 II Nad II Jap `^i C 1m O 2J4J km �0 NX�� Smaing Mallard �o ^ y I 0<wleDment Lt7 v ;eN O NAV 0 Soo btri4 -FOwL t VA. k H �s, w :ee Hill A b Br° SUN S�y u �m je'3e" SQ° 3 V N a fly o 4 Cy VA. �s, w S�y r'o�0 O N aq/ t m F£££££ F m m£ m 0\\ 0 rN10I1�� N 38 N�v eNo n a q a i i Q � yia F F , VA. pg- �s, w S�y r'o�0 O 1 aq/ t pg- '�(_ �II it''4 Page of FIELD NOTES MESA VERDE DRIVE 6.599 ACRES Being all that certain tract or parcel of land lying and being situated in the J.M. BARRERA SURVEY, Abstract No. 69 and the STERRETT D. SMITH SURVEY, Abstract No. 210 in Brazos County, Texas and being a portion of the fallowing sial (6) tracts: 1) Being part of the 16.725 acre Tract Three described in the deed from Partners in Habitat Preservation, LLC to Smiling Mallard Development, Ltd. recorded in Volume 8765, Page176 of the Official Records of Brazos County, Texas (O.R.B.C.), 2) Being part of the 16.672 acre tract described is the deed from Donald Gene Anderson to Smiling Mallard Development, Ltd. recorded in Volume 12910, Page 212 (O.R.B.C.), 3) Being par[ of the 2.347 acre tract described in the Deed Without Warranty from Charles A. Ernst and I. Garland Watson, Jr. to Smiling Mallard Development, Ltd. recorded in Volume 13117, Page 97 (O.RB.C.), 4) Being part of the 21.457 acre tract described in the deed from Elin Holdings, LLC to Smiling Mallard Development, Ltd. recorded in Volume 12358, Page 228 (O.R.B.C.), 5) Being part of the 8.443 acre tract described in the deed from April Sterling to Paul J. Clarke, Inc. recorded in Volume 13061, Page 111 (O.R-B.C.), and 6) Being part of the 9.645 acre tract described in the deed from Mary Morehead Family Trust to Smiling Mallard Development, Ltd. recorded in Volume 12846, Page I (O.R.B.C.), said 9.645 acres being part of Lots 6,7 and 8 of the DEER PARK Subdivision recorded in Volume 221, Page 295 of the Brazos County Deed Records (B.C.D.R.), and being more particularly described by metes and bounds as follows: BEGINNING: at a found 3/4 -inch iron pipe marking the northeast comer of Mesa Verde Drive as depicted on the final plat of INDIAN LAKES SUBDIVISION, PHASE XIX recorded in Volume 12912, Page 215 (O.R.B.C.), from whence a found 1/2 -inch iron rod marking the southeast comer of Lot 4, Block 30 of said INDIAN LAKES SUBDIVISION, PEASE 7IC bears S 860 5725" W at a distance of 370.00 feet for reference; THENCE: into and through the said 16.725, 16.672, 2.347 and 21.457 acre Smiling Mallard tracts, the said 8.443 acre Paul Clarke tract and the said 9.645 acre Smiling Mallard tract for the following seven (7) calls: 1) N 86° 57' 25" E for a distance of 407.43 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the left, 2) 997.84 feet along the are of said curve having a central angle of 63° 31' 28", a radius of 900.00 feet, a tangent of 557.20 feet and a long chord bearing N 550 11' 40" E at a distance of 947.51 feet to a 3/4 -inch iron pipe set for the Point of Tangency, 3) N 23° 25' 56" E for a distance of 234.92 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the right, 4) 364.25 feet along the arc of said curve having a central angle of 160 41' 46", a radius of 1250.00 feet, a tangent of 183.43 feet and a long chord bearing N 310 46' 49" E at a distance of 362.97 feet to a 3/4 -inch iron pipe set for the Point of Tangency, 5) N 400 07' 42" E for a distance of 384.33 feet to a 1/2 -inch iron rod set for an angle point, 6) N 04° 52' 18" W for a distance of 35.36 feet to a 1/2 -inch iron rod set for an angle point, and 7) N 400 07' 42" E for a distance of 275.00 feet to a I/2 -inch iron rod set for the most northerly comer of this tract, said iron rod also being in the southwest line of the called 4.7812 acre State of Texas tract (commonly known as State Highway No. 6) recorded in Volume 959, Page 281 (O.R.B.C.) and in the northeast line of the before -said 9.645 acre Smiling Mallard tract (12846/1), from whence a found TxDOT concrete monument marking an angle point in the northeast line of the said 9.645 acre Sailing Mallard tract bears N 490 52' 58" W at a distance of 216.22 feet for reference; THENCE: S 490 52' 58" E along the southwest right-of-way line of said State Highway No. 6 and the northeast line of the said 9.645 acre Smiling Mallard tract (12846/1) for a distance of 150.00 feet to a 1/2 - inch iron rod set for the east comer of this tract, from whence a found 1/2 -inch iron rod marking the south comer of the called 4.7812 acre State of Texas tract (959/281), the east comer of the said 9.645 acre Smiling Mallard tract (12846/1), the upper northeast comer of the said 21.457 acre smiling Mallard tract (12358/228) and being in the common line of Lots 8 and 9 of said DEER PARK Subdivision bears S 49° 52' 58" E at a distance of 86.99 feet for reference and a found TxDOT concrete monument marking an Vol. ' Pg. 1/3 _ 1 114 11 r1C � I �"+ (+ 741 Page 3 of i angle point in the northeast line of the before -said 21.457 acre Smiling Mallard tract (12358/228) bears S 49' 52' 58" E at a distance of 221.10 feet for reference; THENCE: into and through the said 9.645 acre Smiling Mallard tract, the said 8.443 acre Paul Clarke tract, the 21.457, 2.347, 16.672 and 16.725 acre Smiling Mallard tracts for the following seven (7) calls: 1) S 400 0742" W for a distance of 275.00 feet to a 1!2 -inch iron rod set for an angle paint, 2) S 850 0742" W for a distance of 35.36 feet to a 1/2 -inch iron rod set for an angle point, 3) 40° 07' 42" W for a distance of 384.36 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the left, 4) 335.11 feet along the arc of said curve having a central angle of 16° 41' 46", a radius of 1150.00 feet, a tangent of 168.75 feet and a long chord bearing S 310 46' 49" W at a distance of 333.93 feet to a 3/4 -itch iron pipe set for the Point of Tangency, 5) S 230 25'56" W for a distance of 234.92 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the right, 6) 1108.71 feet along the arc of said curve having a central angle of 63° 31' 28", a radius of 1000.00 feet, a tangent of 619.12 feet and a long chord bearing S 55° 11' 40" W at a distance of 1052.79 feet to a 3/4 -inch iron pipe set for the Point of Tangency, and 7) S 860 57' 25" W for a distance of 409.66 feet to a found 3/4 -inch iron pipe marking the southeast comer of the before -said Mesa Verde Drive, THENCE: N 01' 45'47 W along the east line of said Mesa Verde Drive for a distance of 100.02 feet to the POINT OF BEGINNING and containing 6.599 acres of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas, do herby certify to the best of my knowledge, information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on thud under my supervision on July, 2016. See survey plat on Page 1 of 3 for additional information. I(e Vol. SSS Pg. i/!/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15116 57.1-57.5 On this the 1 st day of November 2016 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 1st day of November 2016 the Court heard and approved a budget amendment for the 2015-2016 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 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of November. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget ®1:� P9• //j� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 • 57.1 1111/2016 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 30101100 53100000 CR Social Security 392.00 0100 30101100 51940000 DR Compensated Leave Pa 392.00 Constable Pet. 01 Reallocation of funds to cover for overa es in compensated leave pay for FY 16. to cover BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 57.2 VOL Pg. /� 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 57.3 11/1/2016 FUND DIV ACCT!RZJ DR/CR ACCOUNT NAME Increase Decrease 0100 11020000 51641000 CR Vision Iud es 1,672.00 0100 11020000 71040000 DR Contract Placement 1,672.00 Court Support - Civil Reallocation of funds to cover for overages in contractplacement for FY 16. z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16. 57.4 111112016 FUND DIV ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease 0100 11000500 60620000 CR Postage & Shipping 181.98 0100 11000500 65350000 DR Gasoline 181.98 Non -Departmental Reallocation of funds to the proper account to cover for gasoline over es in FY 16. Date, c4_.? "`� 12_ 0/26/2D 6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116. 57.5 11/112016 FUND DIV ACCT PROJ DRlCR ACCOUNT NAME Increase Decrease 0100 14000100 53100000 CR Social Security85.00 0100 14000100 65350000 DR Gasoline 85.00 IT Reallocation of funds to the proper account to cover for asoline overages in FY 16. P9• /o� BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2016-2017 BUDGET YEAR NO.16/17 5.1-5.6 On this the 1st day of November 2016 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 1st day of November 2016 the Court heard and approved a budget amendment for the 2016-2017 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 6 September 2016, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of November 2016. THE COADUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By:. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. pg /vz/ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 16117.5.1 11/1/2016 FUND DIV ACCT PROJ DR/CR ACCOUNTNAME Increase Decrease 4500 63000500 80890000 CR Vehicles 12,693.24 4500 91300000 DR Transfer to General Fund 12,693.24 0100 49015000 CR Transfer from Capital Improvement Fund 12,693.24 0100 28000100 67890000 DR Vehicle Equipment 12,693.24 General Capital Improvement Fund and SO Admin. Reallocation of funds to the correct division and account to purchase equipment for Unit # 168, Unit #183, SO Admin.. Unit #192 and Unit #193 in the 7V. ___ P9 - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 5.2 11!1!2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1,222.75 4500 91300000 DR Transfer to General Fund 1,222.75 0100 49015000 CR Transfer from Capital Improvement Fund 1,222.75 0100 30401100 67890000 DR Vehicle Equipment 1,222.75 General Capital Improvement Fund and Constable Pet. #4 Reallocation of funds to the correct division and account to purchase equipment for Unit #804. /2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 6.3 111112016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease C100 I1000500 67287000 CR Equipment - Radios 32.50 0100 28000100 67287000 DR Equipment - Radios 32.50 Non - Departmental and SO Admin Reallocation of funds to the correct division and account for the prograniming of the hand held radio for the new additional de u 761., tLL Pg. __1.- 100 and Tax Office. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117.5.4 Decrease of funds to the correct division and account for the printing of the mass mail out to all taxpayers in Brazos County regarding Office FVOII--- �� p9• J� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 5.5 11/1/2016 FUND DIV ACCT PROJ DR/CR1 ACCOUNT NAME Increase Decrease 0100 11000500 65051000 CR Air Cond/Heating Maint 527,836.00 0100 11000500 65056000 CR Plumbin Maint. 77,225.00 0100 17000100 65051000 DR Air Cond/Heating Maint 527,836.00 0100 17000100 65056000 DR Plumbing Maint. 77,225.00 Non - De artmentat and Facilities Services Reallocation of funds to the correct division and accounts for the following projects: AHU Drives (Brazos Center) $23,330, DX AC System Upgrade (BV Museum of Natural History) $160,086, DX AC System Upgrade (Admin Building) $93,100, AHU Unit K Replacement (Jail) $198,790, DX ACS stem Upgrade AG Extension Buildin) $52,530, and Water Heater Replacement (Jail) $77,225. 0100 of Rinds to the correct BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 5.6 ■.: NAME va�y� � Pg. �a7 PERSONNEL CHANGE OF STATUS REQUESTS A Commissioner Court Date: November 01, 2016 1 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 Road & Bridge Sheriffs Office -Admin. Sheriffs Office- Jail Tax Office Saucedo Jr., Ruben Martinez, Paul Keen, LaShonda Cantu, Jeanette Ontiveros, Devin Approved in Commissioners' Courts November 01, 2016 1:: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol, _ ��� Pg• /,�`�/ Employment Change of Status Separation Change of Status Change of Status