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2017-06-27 10:00AM REGULR MEETING
BRAZOS COUNTY BRYAN,TEXAS FILED FO RECORD DATE Ob—,2_�Q� AT 00 O'CLOCK M KAREN MCQUEEN 13RAZOS COU TY CLERK NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 27, 2017AT 10:OOAM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-21: 3. Resolution 17-010 acknowledging Dr. Sharon Benita Holland for the donation of her Doctor of Education dissertation to the Brazos Valley African American Museum. 4. Change of representative on our 457 Plan to Matthew Gentry with LPL Financial. 5. Payment Authorization to Perry Office Plus, I nc in the amount of $241.56 for office supplies and office laminating machine for Facility Services; amount of invoices exceeded the balance of purchase order. 6. Request from the Sheriff Administration for the following personnel request effective July 1, 2017. This will have a decrease to the FY 17 Courthouse Security's Budget in the amount of $381.00 and a increase to the FY 17 S. 0. - CSI SD School Security's Budget in the amount of $381.00. • a. Decrease Courthouse Security Officer- SO, Class Code 1452 Position 3, Group 21 Step 5 to Group 21 Step 4, Pay Code 026 • b. Increase School Resource Deputy CSI SD, Class Code 1481 Position 1, Group 22 Step 2 to Group 22 Step 3, Pay Code 026 7. Approval of the following job descriptions: • a. Class Code 0284 - Nurse (LVN,RN) for Employee Health & Wellness Clinic • b. Class Code 0286 - Medical Clerk for the Employee Health & Wellness Clinic Vol. � 5� Pg • c. Class Code 1480 - School Resource Sergeant for Sheriff's Office - School Resource Division • d. Class Code 1481 - School Resource Deputy for Sheriffs Office - School Resource Division 8. Ground Lease between Brazos County and Brazos Valley Council of Governments for the lease of premises situated at the Brazos County Expo. 9. Approval of the agreement with Downtown Bryan Association for the use of I nmate Labor to perform litter control and minor work projects in downtown Bryan. 10. Approval of evaluation committee for RFP 17-285 for Bank Depository: • a. Laura Davis • b. Angle Beard • c. Kristy Roe • d. Karen McQueen • e. Marc Hamlin • f. Steve Aldrich • g. Katie Conner (non-voting) • h. Legal (non-voting) • i. Purchasing (non-voting) 11. Award of bid contract # 17-293 Various Aggregate, Cold Mix and Other Road Materials 12. Approval of contract # 17-304 with Mitchell & Morgan for the professional engineering and surveying services for Brazos County Records Storage Facility Project. 13. Renewal of the following contracts with Southwood West, A Texas General Partnership: • a. Contract # 18-013 Lease for Precinct 1, Constable • b. Contract # 18-014 Lease for Precinct 1, Justice of the Peace 14. Approval of rodent and pest removal from Site 6 Dam structure; cost for Texas Wildlife Damage Management service is $250.00 for the period beginning 6/27120177 to 7/11/2017. Site is located in Precinct 1. 15. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Edge School House Road 1,965 feet southeast of Short Cut Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7979 Edge School House Road. Site is located in Precinct 2. 16. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 1,200 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. 17. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 5,215 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. 18. Tax Refund Applications for the following: • a. FNA DZ, LLC - Overpayment $374.99 • b. Marilyn Sue Bush - Overpayment $67.54 • c. Leeds LTD. %All American Turf - Overpayment $1,421.46 19. Budget Amendments. E E?21aPg. i %J Budget Amendments FY 16/17 39.1 - 39.5 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of the Research Valley Partnership, Inc. Independent Auditors' Report and Financial Statements for the year ended September 30, 2016. 23. Sheriff's report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns 26. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting maybe for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court',. and In all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution.. Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda 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 pu'olic. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge andior 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. Pb member of the community is required to attend or participate in the invocation and such decision w1l 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.-landicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please all (979) 361-4102. MINUTES JUNE 27, 2017 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, June 27, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-21: 3. Resolution 17-010 acknowledging Dr. Sharon Benita Holland for the donation of her Doctor of Education dissertation to the Brazos Valley African American Museum. Vol. �`5 (Z pg �%� The Court voted unanimously to adopt Resolution 17-010 commending Dr. Sharon Benita Holland for the donation of her published Doctor of Education dissertation to the Brazos Valley African American Museum. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Change of representative on our 457 Plan to Matthew Gentry with LPL Financial. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Payment Authorization to Perry Office Plus, Inc in the amount of $241.56 for office supplies and office laminating machine for Facility Services; amount of invoices exceeded the balance of purchase order. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Request from the Sheriff Administration for the following personnel request effective July 1, 2017. This will have a decrease to the FY 17 Courthouse Security's Budget in the amount of $381.00 and a increase to the FY 17 S. O. - CSISD School Security's Budget in the amount of $381.00. • a. Decrease Courthouse Security Officer - SO, Class Code 1452 Position 3, Group 21 Step 5 to Group 21 Step 4, Pay Code 026 • b. Increase School Resource Deputy CSISD, Class Code 1481 Position 1, Group 22 Step 2 to Group 22 Step 3, Pay Code 026 A copy of the position control changes is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Approval of the following job descriptions: • a. Class Code 0284 - Nurse (LVN,RN) for Employee Health & Wellness Clinic • b. Class Code 0286 - Medical Clerk for the Employee Health & Wellness Clinic • c. Class Code 1480 - School Resource Sergeant for Sheriff's Office - School Resource Division • d. Class Code 1481 - School Resource Deputy for Sheriff's Office - School Resource Division A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. E l. �✓� Pg._�� 8. Ground Lease between Brazos County and Brazos Valley Council of Governments for the lease of premises situated at the Brazos County Expo. A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Approval of the agreement with Downtown Bryan Association for the use of I nmate Labor to perform litter control and minor work projects in downtown Bryan. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Approval of evaluation committee for RFP 17-285 for Bank Depository: • a. Laura Davis • b. Angie Beard • c. Kristy Roe • d. Karen McQueen • e. Marc Hamlin • f. Steve Aldrich • g. Katie Conner (non-voting) • h. Legal (non-voting) • i. Purchasing (non-voting) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Award of bid contract # 17-293 Various Aggregate, Cold Mix and Other Road Materials The Court accepted as submitted the recommendation of the Purchasing Agent and awarded Bid Contract 17-293 Various Aggregate, Cold Mix and Other Road Materials as follows: Recommended Primary: Brazos Site Works: Items 3, 22, 23, 24 Statewide Materials: Items A1, C1, D1, A2, C2, D2, 18, 19, 20 Vulcan: Items 5, 6, 7 Brazos Paving: Items B1, B2, B21 Waller County Asphalt: Item 8 Knife River: Items 4, 15, 16, 17, C21 (also 21A drawn from lots) Secondary: Brazos Site Works: Items 16, 18, 19 Statewide Materials: Items 15, 17, 23, 24 (also 3C drawn from lots) Vulcan: Item 22 Brazos Paving: Items Al, C1, D1, C2, D2, A3, B3, D3, 4, C21 Quikcrete: Item 8 Texcon: Item B1 Knife River: Items A2, B2, 20, B21 (also 21Adrawn from lots) Two separate lot drawings for items 21A and 3C were conducted during court in accordance with Local Govt, Code 262.027(b) and were awarded as follows: Recommended Primary: Item 21A -Knife River Secondary; Item 21A - Knife River Item 3C - Statewide Materials Award pending for items 9-14 due to material testing No Award for Item 13- no bids were received A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Approval of contract # 17-304 with Mitchell & Morgan for the professional engineering and surveying services for Brazos County Records Storage Facility Project. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters, 13. Renewal of the following contracts with Southwood West, A Texas General Partnership: • a. Contract # 18-013 Lease for Precinct 1, Constable • b. Contract # 18-014 Lease for Precinct 1, Justice of the Peace A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by County Judge Duane Peters. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Approval of rodent and pest removal from Site 6 Dam structure; cost for Texas Wildlife Damage Management service is $250.00 for the period beginning 6/27/20177 to 7/11/2017. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Vol. ��C% pg. l %� Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Edge School House Road 1,965 feet southeast of Short Cut Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7979 Edge School House Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 1,200 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 5,215 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Tax Refund Applications for the following: • a. FNA DZ, LLC -Overpayment $374.99 • b. Marilyn Sue Bush -Overpayment $67.54 • c. Leeds LTD. % All American Turf -Overpayment $1,421.46 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Budget Amendments. Budget Amendments FY 16/17 39.1 - 39.5 39.1 Transfer funds from Non -Departmental to Emergency Management and General Permanent Improvement Fund. 39.2 Transferfunds from General Permanent Improvement Fund to Road and Bridge. 39.3 Reallocate funds for Agriculture Extension Agency. 39.4 Transfer funds from Contingency Fund to Justice of the Peace, Precinct 3 and Constable, Precinct 3. 39.5 Transfer funds from General Permanent Improvement Fund to Information Technology. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Payment of Claims. Claims 7156886-7157107 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22, Acknowledgement of the Research Valley Partnership, I nc. I ndependent Auditors' Report and Financial Statements for the year ended September 30, 2016. The Court acknowledged receipt of the Research Valley Partnership, Inc. Independent Auditor's Report and Financial Statement for the year ended September 30, 2016. 23. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 672 inmates in jail, 584 inmates are male and 88 are female, 59 have electronic monitors and 17 are pending for monitors. 24. Announcement of interest items and possible future agenda topics. There were no announcements. 25. Call for Citizen input and/or concerns There was no citizen's input. 26. Adjourn. VOL _err _ Pg. i ._ The foregoing minutes of the Commissioners Court meeting held June (2�7,,� ,2017 have been examined and are approved in open Court this I rT' I day of u l 2017, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Sam y Cat,a Nancy Berr Commissi eer, Precinct 2 Commissioner, Precinct 3 Commissioner, Attest: Karen McQueen County Clerk Vol. _ _ �� Pg I of -A- BRAZOSCOUNTY COMMISSIONER'S COURT a14� DAY 0 n _ov /I Name (PLEASE PRINT) 20 11 ILa Organization (PLEASE PRINT) r3GZ� Pg of BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF l 9 - , 20 Name Organization (PLEASE PRIN�� c V t'Z-tom S Vol. I V Pg, /oa'4�' Resolution WHEREAS a graduate from Bryan High School, class of 1975, elects to donate her published dissertation to the Brazos Valley African American Museum; and WHEREAS the donation is made without compensation, payment, or any other benefits; and WHEREAS the dissertation serves as an example in the community for the level of education that's obtainable by all citizens; and WHEREAS citizens visiting the Brazos Valley African American Museum will have the opportunity to review the dissertation on the premise of the library; and WHEREAS the donation is made in the name of her mother, Mrs. Erma Jean Wooley. NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Brazos County, Texas does hereby acknowledge this day, Dr. Sharon Benita Holland freely donates her published Doctor of Education dissertation to the Brazos Valley African American Museum to display as reference information for future generations to come. DULYRESOLVED thisne, 017 in Brazos L Duane Peter County Judg Commissioner Steve Aldrich Precinct 1 Com sioner Nancy Berry Precinct 3 Texas. 17-010 L62TEI-1- Pg. 45 3 O Letter Date: 6202017 Effective Date: 712017 Agenda Dale: 6272017 BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES TO PROPOSED BUDGET Courthouse Security Fund - Prorated For the Year Ending September 30, 2017 Biwceldy/ Base Basic Pay Budget Hourly Budget Selary+ Depart Title Class Post Group Steps Code Hours Rote Merit Requesh. Decrease Position From: Courthouse Security Fund 51000100 Cd House Secrty OFcr-SO 11452 g3� •h„21 5 '-026 ,520,.. -2444e -1:72711900) To: ... 51000100 CA House Secrty Orcr SO r11452r'”520_52384r"" 1239POOs RESULT: (Increase eF.., '4 - - - .` — i- _ w..�._- ...� Actual 12,396.60 NET RESULT: (381.00) Total Cost $ (381.00)Iucreaset&FY77Butlget Inveasa/ Imeasel Inneazel I�rreasN I�easal (oam*<) Ips.) (0.crsal lu�aa) (pcncau) `.�. Upemploy MedienF Won. FICA Reurement ' -' W/C,`�1' meat Dental 51615000 53100000 53200000 53600000 53900000 Medical/Flex (312.00) (2400) (44.00) (100) For Budget OM.e Use: $ (312:00) $ (24.00) $ (44.00( S (1.00) $ Approved by: 1Zy. APPROVED Duane Peters Date County Judge JT Letter Date: 620/2017 Effective Date: 7/12017 Agenda Date: 6272017 BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL. CHANGES TO PROPOSED BUDGET Courthouse Security Fund - Annual For the Year Ending September 30, 2017 Biweekly/ Base Basic Puy Budget Hourly Budget Total Cost $ (1,522.00) Jnerease to FiY 17 Budge[, tai Leases./ inwasa/ Salary+ Depart. Title Class Post Group Steps Code Hours Rate Mcrit 1 Request: Decrease Position VD—) From: Courthouse Security Fund 51000100 Crt House Secrty OF<r- SO k41452 31 '..'2] _r5 ;:L026 , 2080„_ 244'4 Tfu - .:.. 51000100 Ca House Soetty Ofcr SO f 38452 3 31 4 1026 '> 2080 ! + x 23 84u ' 49f588'00 RESULT: Re6.e .t _f ment Denial Actual 49,587.20 NET RESULT: (1,522.00) Total Cost $ (1,522.00) Jnerease to FiY 17 Budge[, tai Leases./ inwasa/ Inaeaael In.e IaceesW (peueave) fp•a�e) (pcucan) VD—) (Dr ) *.;. Uaemploy Medirav Saari. MCA Re6.e .t := .aW/Cd 3' ment Denial 51615000 53100000 53200000 53800000 53900000 MedhaVFleX (1,248.00) (95.00) (175.00) (4.00) For Budget Office Use- s (1,zae.J S S.Oo) $ (17s.6o)� (a.Bo) $ - $ - Approved by: C A/D APPROVED Duane Peters Date County Judge Lcucr Date: 6202017 Ellecdve Date: 7/12017 Agenda Date: 6272017 BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES TO PROPOSED BUDGET S.O. CSISD School Security - Prorated For the Year Ending September 30, 2017 Biweekly/ Base Basic Pay Budget Hourly Budget Salary+ Depart. Title Class Post Group Steps Code Hours Rale Merit 1 Request: Ivcrease Posillpn From: SO CSISD School Security 28004000 SR Deputy CSISD 1'x1481 .1_;2.22 2z :`s026` 520, 23"'`84 .,{;t12j97?00 28004600 SR Deputy CSISD'tc,4TI9 M1 ;022 say 026y,. 520.. r.,.F 2444 =r,_Y'{]2709001`+ RESULT: /acrcase'� _ �� ....e Actual 12,700.00 NET RESULT: 381.00 Total Cost $ 381.00 =Increase to F'Y 1713udgeE .'3 Inaeesa/ Inaoese/ I..W Incre W I..W Uvemploy Mea Salaries FICA Renremenl i_..{Y/C .. mti ment Dental 51300000 53100000 53200000 53800000 53900000 MedicalfFlex 312.00 24.00 44.00 1.00 For Budaet OlOce Use: $ 312.00 $ 24.00 $ 44.00 $ 1.00 $ $ - Approved by: �- APPRO ALL� � Iail i�7 Duane Peters Date County Judge Lefler Date: 6202017 Effective Date: 7/12017 Agenda Date: 6272017 BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES TO PROPOSED BUDGET S.O. CSISD School Security - Annual Far the Year Ending September 30, 2017 Biweekly/ Base Basic Pay Budget Hourly Budget Depart. Title Class Post. Group Steps Code Hours Rate Salary+ Merit 1 Request: Increase Position (D=�c) (oamuc) From: SO CSISD School Security 28004000 SR Deputy CSISD 01481 I «ls„22 x2 „w -"x'026 3 2080 23'84h J4 8 ��i Salaries FICA Retirement .;.,_WIC.,`-' 28004000 SR Deputy CSISD RESULT: 51300000 53100000 53200000 53600000 Actual 60,83520 NET RESULT: 1,522.00 I O Total Cost $ 1,522.00 ;_Increase tD�FY 17 Budget �C Invease/ Increasal � Teasel Inveazel Inaeaxal (4cnase) (D=�c) (oamuc) Nzo<aal (Devmu) { Unempiny MedicaU Salaries FICA Retirement .;.,_WIC.,`-' mmt Dental 51300000 53100000 53200000 53600000 53900000 MedicallFlex 1,248.00 95.00 175.00 4,C0 - - For Budget Offme Use: S 1.248.00 95.00 $ 175.00 $ 4.00 $ - b Approved by: APPROVED Duane Peters Date County Judge Brazos County Job Description Last Updated: June 2017 Template Revision 1.2081152012 7 Class Number: 0284 Title: Nurse (LVN, RN) Pay Group: TBD Department: Employee Health & Wellness Clinic FLSA Status: Exempt Reports To: NP/PA Approved Date: 06-27-2017 EEOC Category: Medical Professional General Summary: Under clinical and administrative supervision, evaluates total health rare needs of patients and develops plan to meet those needs. Provides or arranges for medical treatment for patients. May provide clinical supervision to Medical Clerk Essential Duties: May respond to Medical Clerk and job duties. Responds to patients' medical needs. Provides and/or arranges for treatment according to protocol and/or direction from authorized medical staff. Consults with clinical and administrative staff about patient health care issues. Responds to and assesses certain categories of emergent patient Illnesses and injuries. Provides direct health care to patients, including wound care, medications administration, monitoring of vital signs, and laboratory procedures. Assists other medical staff, as required. Practices safety, environmental and/or infection control methods. Documents patient's condition and maintains patient medical files and records in computer. Performs other administrative duties. Inventories medications on a daily basis. May answer medical questions from staff, patient's relatives and others as appropriate. May process patients into the facility by screening and evaluating their medical and mental histories. Performs other job-related duties as assigned. Other Duties as assigned. 1% Supervision Received- From Medical Professional Given: None. Education Required: Graduation from an accredited Licensed Vocational Nursing Program or Registered Nursing Program. Preferred: Experience Required: Three (3) years of Licensed Vocational Nursing or RN experience. Preferred: Bilingual preferred. Certificates, Licenses, Registrations Required: Current license to practice as a Licensed Vocational Nurse in the State of Texas. Current Cardio - Pulmonary Resuscitation (CPR) Certification, Vaccines: HepB/ Tdap/ Influenza. Valid Texas Drivers License. Preferred: Physical Demands Typical- Physical requirements include the ability to liftlearry up to 35-100 pounds occasionally, visual acuity, speech and hearing, hand and eye coordination and manual dexterity necessary to operate a computer and office equipment. Subject to standing, walking, sitting, repetitive motion, reaching, climbing stairs, bending, stooping, kneeling, crouching, crawling, pushing, pulling, balancing, client/customer contact, squatting to perform the essential functions. Subject to contact with communicable diseases, radiation, hazardous waste, human fecal matter and foul odors. Knowledge, Skills, & Abilities Typical: Knowledge of: Standard nursing and other healthcare practices. Policies, practices, procedures and terminology related to nursing and healthcare. Federal, State, Local and County nursing and other healthcare laws and requirements. Treatment of a variety of diseases and injuries. Proper dosages and expected results of medication. Basic wound care. Proper infection control techniques, mental health procedures and protocols. Principles and procedures of medical documentation and record keeping. Computer equipment to include word processing, spreadsheets, databases, presentations and a variety of software packages. Knowledge of and compliance with HIPAA regulations. Skill in: Administering daily patient care, including use of stethoscope, blood pressure cuff, thermometer and other medical instruments. Administering Cardio -Pulmonary (CPR) and First Aid. Performing medical tests and recording results accurately. Assisting mental health patients. Problem -solving and decision-making. Both verbal and written communication. Ability to: Work efficiently both independently and as part of a medical team. Recognize and identify health symptoms. Exercise sound judgment and react quickly in emergency situations. Manage time well and perform multiple tasks. Understand and precisely follow both verbal and written Instructions and communicate in a concise and effective manner. Work in a secure environment. Track use of medications and inventory procedures. Chronical medical histories and enter data into computer. Work effectively and courteously under high pressure circumstances. Ability to correctly place an EKG. Establish and maintain effective working relationships with patients, medical and other County employees and officials, and the general public. PROVED Duane Peters Date County Judge FL 6,UV Pg-__L_Y1 VTf�. 'A Brazos County Template Revision 1.2 0 811 512012 �;. Job Description 'ry,y of 0aP Last Updated: June 2017 Class Number: 0286 Title: Medical Clerk Pay Group: TBD Department: Employee Health & Wellness Clinic FLSA Status: Non Exempt Reports To: NP/PA Approved Date: 06-27-2017 EEOC Category: Clerical General Summary: Under close supervision of nursing leadership, supports provider practice by assisting with direct patient care duties. May perform diagnostic testing, maintain supply inventory levels, clean and maintain medical equipment. Carries out all duties while maintaining compliance and confidentiality and promoting the mission and philosophy of the Brazos County Employee Health & Wellness Clinic. Essential Duties: Schedules patients, takes vital signs and prepares patients for provider exam, patient preparation, cleaning and storing equipment after exam. Cleans patient rooms. Administers medication under physician's direction and within the scope and practices demonstrated by completion of training and testing. Recalls reports, lab reports and prescription refills. Follows directions given by nursing team leader or supervisor. Provides patients with education materials, as required. Performs diagnostic testing and completes all necessary paperwork. Maintains equipment, monitors inventory of medical and/or office supplies. Ensures units and rooms are property stocked and supplies are current and within expiration dates. Organizes and communicates at front desk, incoming phone calls, incoming and outgoing faxes. Performs data entry for new patient demographics, referrals, scanning, nowsheets and a-med projects. Performs other office related duties. Performs other duties may include assisting with scheduling health education classes and off-site lab screening, preparing promotional material and distributing notification of these events. Chaperones the medical provider. Prepares lab samples for reference lab pick-up. Performs other job-related duties as assigned. Other Duties as assigned. 1% Supervision Received: From Medical Professional Given: None. Education Required: High school diploma or G.E.D. AND three (3) to five (5) years of experience in a clinical setting as a Medical Clerk supporting clinic office activities. Preferred: Ex enence Required: Any combination of education and experience that has been achieved and is equivalent to the stated education and experience and required knowledge, skills, and abilities sufficient to successfully perform the duties and responsibilities of this job. Preferred: Bilingual preferred. Certificates, Licenses, Registrations Required: Graduate of an Accredited Medical Assisting Program and/or a Certified Medical Assistant. CPR (obtained within 6 months of employment. Valid Texas Driver's License. Immunizations required: (May be required: Hei TDap, yearly influenza. Preferred: P�._ Pt, "spat Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, hands or feet; reach with hands and anus; bend and kneel; and talk and hear. The employee frequently is required to stand and walk; frequently lift and/or move objects weighing up to 20 pounds, such as books and stack of records and occasionally must lift and/or move objects weighing 100 pounds or more. The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required of this job include close vision, distance vision, peripheral vision, close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Penal Code, Traffic Code, and Family Code; investigation and crime preventions methods; supervisory management and department policies and procedures. Safely operate vehicles, f rearms, radios, and specialized equipment, physically restrain individuals; make decisions quickly, read and write reports, letters and memos; operate a computer and/or typewriter; apply criminal investigative techniques; interpret laws, policies, and procedures: supervise the work of others, recognizing problems and recommending solutions; establish and maintain effective working relationships with other law enforcement agencies, the District and County Attorneys' offices, other departmental employees, and the general public; demonstrate proficiency in both oral and written communications; maintain accurate records; and maintain appropriate necessary certifications, Texas drivers' license applicable to job responsibilities, and good driving record. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of the job, the employee is constantly required to work under time pressures to meet deadlines, work in emergency situations in which there is the possibility of danger or physical abuse, and work closely with others as part of a team. The noise level in the environment is usually moderate, but can be noisy and distracting. APPROVED Duane Peters Date County Judge = A, Brazos County as ti� Job Description Last Updated: May 10, 2017 Template Revision 1.2 OW15M12 Class Number: 1481 Title: School Resource Deputy Pay Group: 22 Department: Sheriffs Office! School Resource Division FLSA Status: Non Exempt Reports To: School Resource Sergeant Approved Date: 06-27-2017 EEOC Category: I Protective Service Workers General Summag: This position is responsible for proactive security and school-based law enforcement in and around schools within a school district and other duties as required. It includes protecting county residents and property; enforcing laws; and performs patrol and emergency response functions. Essential Duties: Provides a law enforcement presence at various schools throughout the College Station Independent School District.; Serves as a resource to school teachers and administrators and assists with maintaining order on the school campus; The SRD does not enforce school rules, but assists with issues related to violations of the law; Maintains appropriate forms necessary to the functions of this job description, such as juvenile referral forms, etc. Patrols the county with emphasis on crime prevention, traffic safety, assisting the public (stranded motorists, directions), answering complaints, safeguarding property and enforcing laws; Arrests and books violators and completes paperwork and necessary reports associated with arrests and offenses; Responds to emergency calls and routine complaints; Investigates civil disturbances, and crimes against persons and property; Investigates criminal activity, Including gathering and photographing evidence, taking fingerprints, questioning witnesses and suspects, taking statements, and preparing reports; Assists federal, state, and local law enforcement officials with investigations and emergencies and assists or rescues individuals in need of aid; Conducts searches of buildings, vehicles, outdoor areas, persons, and other objects to detect potential weapons, contraband, evidence, hazards, stolen property, or to find lost persons or objects for the purpose of seizing, investigating, and/or rescuing; Executes misdemeanor and felony arrest warrants and serves subpoenas and civil papers, including locating offenders; Controls the scene of a traffic accident, takes reports, and directs traffic; Oversees periodic vehicle maintenance and calculates monthly vehicle fuel logs; Prepares for and testifies in court as required; Transports mental patients and/or prisoners to and from court, hospitals, or correctional facilities as required, and guards prisoners when at trial; Guards election boxes at voting polls; Assists other divisions, sections, or personnel as needed or directed; Promotes good public relations by informing citizens of police activities and crime prevention; may perform special assignments when required; and may perform extradition of criminals tolfrom other counties and states. Must complete Field Training Program (FTO), a 6 months probationary period and an annual Physical Readiness Evaluation (PRE). Other Duties as assigned. 1 Supervision Received: From School Resource Sergeant Given: This Is a non -supervisory position. Education Required: Successfully hold a Basic Peace Officer's certificate from the Texas Commission on Law Enforcement (TCOLE) Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Re istrations Required: Possess a valid Texas driver's license; Basic Peace Officer Certificate by the Texas Commission on Law Enforcement (TCOLE), Preferred: Vol. �_'_ Pg. l /V Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Typical: Criminal and civil law; investigation and crime prevention methods; and identification records processes and while performing the essential functions of this job. Reasonable accommodations may be made to enable procedures. Safely operate vehicles, firearms, and specialized equipment; physically restrain individuals; read individuals with disabilities to perform the essential functions. While performing the essential duties of this job, and write reports, letters, and memos; operate a computer and/or typewriter; apply criminal investigative the employee is constantly exposed to emergency situations, in which there is the possibility of danger or techniques; establish and maintain effective working relationships with other law enforcement agencies, the physical abuse; the employee must constantly work under time pressures to meet deadlines, perform multiple District and County Attorneys' offices, other departmental employees, and the general public; demonstrate tasks simultaneously, and work closely with others apart of a team. The noise level in the work environment proficiency in both oral and written communication in the English language; maintain accurate records; and is usually moderate, but may be noisy and distracting. maintain appropriate necessary certifications, Texas drivers license applicable to job responsibilities, and good driving record. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly exposed to emergency situations, in which there is the possibility of danger or physical abuse; the employee must constantly work under time pressures to meet deadlines, perform multiple tasks simultaneously, and work closely with others apart of a team. The noise level in the work environment is usually moderate, but may be noisy and distracting. PPR O Duane Peters I 11-7 County Judge Date F-1pg. / /n% GROUND LEASE THIS LEASE is entered into on Jif e D�7 2017 political subdivision of the state of Texas. and Brazos political subdivision of the state of'fexas. by and between Brazos County, ("Lessor"), a Valley Council of Governments ("Lessee"), a ARTICLE 1. DEFINITIONS As used herein. the following terms have the following meanings: A. "Premises" means the land described in Exhibit "A" attached hereto and all easements. licenses, privileges, rights and appurtenances related thereto. The temt "Premises" shall not include the "Improvements" (as hereinafter defined). B. "Improvements" means all buildings, structures and improvements now or hereafter situated or erected on the Premises or any part thereof and all fixtures, machinery, equipment, all building equipment. and, without limitation, other property of every kind or nature situated thereon or pertaining thereto or used in connection therewith, excluding only the "Personal Property" (as hereinafter defined) and properly owned by third persons who are not, directly or indirectly, controlled affiliates of Lessee. C. "Personal Property" means the trade fixtures, furniture, fumishings and business equipment now or hereafter located on or used in connection with the Premises or Improvements, which are movable and not attached to the Premises or the Improvements or any part thereof and not necessary for the proper and efficient operation of the Improvements, excluding any property owned by third persons who are not, directly or indirectly. controlled affiliates of Lessee. Personal Property specifically includes all fiber cable. cross connect facilities, and telecommunications equipment and facilities that are not permanently attached to the Hut. D. "Property' means the Premises, the Improvements and the Personal Property. E. "Taxes" means: (1) All real estate taxes, special assessments, water taxes, excises. levies. license and permit fees and other governmental shares and costs of every kind and nature. eeneral and special. ordinary and extraordinary. foreseen and unforeseen. of any kind or nature whatsoever (including, but not limited to. assessments for streets. sidewalks, sewers, lights and other Improvements and general and special state. count. village. and city taxes. benefit taxes and assessments), and payments in lieu of taxes. which at any time or times prior to or during the "Lease Term" (as provided for in Article 3). or at any time or times after the Lease Term but with respect to a period or periods or event or events occurring in whole or in pan during the Lease Term, may or shall become a lien on or be assessed, levied, confirmed, imposed upon or become due or payable on or with respect to (a) the Premises. Improvements, Personal Property or any part thereof. (b) the rent, receipts, income or other payments received by or from Lessee or anyone claiming by, through or under Lessee. (c) any use or occupation of the Property or (d) this transaction or any document to which Lessee is a party creating or transferring an interest or estate in the Property; VoL �/pg, —__ _. (2) Without limitation on any of the foregoing; any license fee or business tae measured by the rent or other charges or sums payable hereunder, and any tax, assessment, levy. fee or other charge imposed upon Lessee or Lessor, which is levied; assessed or imposed on or measured by or based, in whole or in part. upon (a) the rents received from or with the use of the Property or any pan thereof. (b) the Premises, or (c) the rent payable by Lessee under this Lease, if the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that such license fee, business tax or any other such tax. assessment- levy, fee or other charge shall be in lieu of or in addition to or as a substitute for the whole or any pan of the taxes, assessments, levies, fees or charges now levied, assessed or imposed on real estate or the Improvements thereon or on personal propem . The term "7 axes" does not include Federal, state or, subject to the provisions of subparagraph (2) above. local income or franchise taxes assessed against Lessor. F. "Sublease" means any lease, sublease, license or concession agreement involving the use or occupancy of the Property or any part thereof (other than this Lease). "Sub -lessee" means the Person (other than Lessee) that has acquired rights to use or occupancy under a Sublease. G. "Rent" includes the "Base Rent," and any adjustment thereto, "Additional Rent" (as hereinafter set forth), and any other charges or payments of money due from Lessee in connection with this lease whether or not payable to Lessor. H. "Leasehold Mort_age" means a mortgage, secured by a first lien on the Lessee's interest under this Lease provided that the holder thereof is an Institutional Mortgagee; the collateral therefore is solely the Lessee's interest under this Lease and such Personal Property as is used or useable at the Propeny; there are no defaults thereunder which could occur by virtue of a default under a monetary obligation relating to property other than the permitted collateral or under the note secured by the Leasehold Mortgage (the "TAM. Note"): and it provides for regular monthly payments of principal and interest. or of interest only, but in any event. the principal balance of such loan shall never increase over the amount of the original principal balance (the loan is a non -accrual loan). "Leasehold Mortgagee" means the holder of any Leasehold Mortgage at any time J. "Affiliates" mean a person controlled by. under common control with or controlling the person in question. K. "Control" or words of similar import mean the ability of one person to direct the affairs and business of another person. L. "Person" or "person" shall mean and include an individual, corporation, partnership, unincorporated organization. or government or any agency or political subdivision thereof. M. "Institutional Mortgagee" means any bank, savings bank or affiliate thereof. investment bank, mortgage conduit, sayings and loan association, trust company., credit union of which the borrower is a member, insurance company or governmental entity which is duly authorized to issue a loan secured by an interest in real estate or affiliate thereof or pension fund, which is then currently extending similarly secured loan commitments - Initials /`Oessorl Lessee Id. "Hut" means a small building, which may be enclosed with a security fence, where conduit, fiber cable. cross -connect facilities and equipment, and other telecommunications facilities and equipment are located and operated, and may be remotely monitored by Lessee. 0. "Materials` means semiconductors or other electronic equipment containing polychlorinated biphenyls (NCB's) or other environmentally hazardous materials that may either be used or stored in or around the I -Jut (except for Lessee's battery system, which having environmentalh- sensitive materials will be handled by and will be the sole responsibility of Lessee). ARTICLE 2. DEMISE OF LEASED PREMISES In consideration of the mutual covenants and agreements of this lease. and other good and valuable consideration. Lessor demises and leases to Lessee. and Lessee leases from Lessor, the premises situated at the south side of the Brazos County Expo Center along Jones Road. in B5,an. Brazos County. Texas. described on Exhibit A attached to this lease, and made a part of this lease for all purposes (collectively referred to as "the Premises` or "the Leased Premises in this lease). Lessor and Lessee agree that Exhibit A, as presently attached to this lease, is a general description of the Premises and not a legal description of the Premises but may suffice for this lease at the Lessor's discretion. If directed by the Lessor, the Lessee agrees to amend Exhibit A ("Amended Exhibit A") to provide a legal description of the Premises promptly following completion of a survey of the Premises. Lessor and Lessee further agree that Lessee will contract for a survey to be performed within ninety (90) days of execution of this lease and Lessee will be solely responsible for all costs incurred for said survey. Lessor agrees to execute Amended Exhibit A within thirty (30) days of receipt of Amended Exhibit A from Lessee. Lessee is to have and to hold the Premises, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way appertaining to them, including but not limited to any easements, rights, title, and privileges of Lessor, existing now or at any time during the lease temt. in, to, or under adjacent streets, sidewalks, alleys; party walls, and property contiguous to the Premises and reversions that may later accrue to Lessor as owner of the Premises by reason of the closing of an_y street. sidewalk. or alley. ARTICLE 3. LEASE TERM § 3.01. The term of this lease is twenty (20) years, beginning on June 28. 2017. and ending on June 27, 2037. unless terminated sooner as provided in this lease. § 3.02. Lessee may_ extend this lease for fisc (5) additional years by giving Lessor written notice of Lessee's intentions to do so within the last two years before the lease term expires, but no later than six months before it expires, under all the terms of this lease. § 3.03. This lease will terminate without further notice when the term specified in § 3.01 expires, and any holding over by Lessee after that term expires, other than as provided in § 3.02, will not constitute a renewal of the lease or give Lessee any rights under the lease in or to the premises. § 3.04. If Lessee holds over and continues in possession of the premises after the lease term (or any extension) expires, other than as provided in § 3.02. Lessee will be considered to be occupying the Premises at will, subject to all the terms of this lease. 3 Vol. �7� Pg, �>O ARTICLE 4. RENT § 4.01. Lessee will pay Lessor S100.00 per year during the first eight (8) years of this lease as annual rent for using and occupying the Premises. § 4.02. Beginning on the eighth anniversary of the execution of this lease. Lessee will pay Lessor rent in the amount of S 1.000.00 per year. This amount is the "minimum yearly rent." At annual intervals for the rest of the teen; the yearly rent will be adjusted as set forth in this section to reflect increases in the following Consumer Price Index (CPI) of the Bureau of Labor Statistics of the United States Department of Labor: CPI All Urban Consumers (CPI -U) All items, using 1982-84 = 100 as the base year. The index numbers will be taken from this consumer price index as follows: a, The adjustments in the yearly rent are determined by multiplying $1;000.00 by a fraction. the numerator of which is the index number for the last month of the calendar year that ended immediately before the date on which the adjustment is to be made and the denominator of' which is the index number for the first month of the first year of the lease tern. If the product is greater than the minimum yearly rent of S 1.000.00, Lessee will pay this greater amount as the yearly rent until the time of the next rental adjustment called for in this section. If the product is less than 51,000.00, the annual rent will not be adjusted at that time, and Lessee will pay yearly rent of $1.000.00 until the time of the next rental adjustment as called for in this section. In no event may any rental adjustment called for in this section result in an annual rent less than $1.000.00 b. if the CPI -U is discontinued during the lease term, the remaining rental adjustments called for in this section will be made by using the formula set forth above, but substituting the CPI Urban Wage Earners and Clerical Workers (CPI-R� for the index numbers for the CPI -U. usine 1982-1984 as the base year. If both the CPI -U and CPI—W are discontinued during the lease term, the remaining rental adjustments called for in this section will be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI -U. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or to publish statistics concerning the purchasing power of the consumer dollar during the lease term, the remaining rental adjustments called for in this section will be made using the most nearly comparable statistics published by a recognized financial authority selected by the Lessor. § 4.03. Lessee will pay all rent due under this article on an annual basis. Such annual rent durine the first eight (8) years shall be payable on June 1 of each year. Thereafter. the annual rent shall be payable in monthly installments beginning on July I and continuing to be payable on the first calendar day of each month thereafter. Payments must be in lawful money of the United States and shall be paid to the Lessor or to Lessor's bank as Lessor may direct in writing. § 4.04. Rent installments unpaid for thirty (30) days will bear interest at the rate of ten (10.00) percent annually, beginning on the day after each such installment was due and continuing until the installment is paid as provided in § 4.03, above. ARTICLE 5.TAXES § 5.01. In addition to the rent specified in Article 4. Lessee will pay and discharge all Taxes, general and special assessments, and other charges of any kind levied on or assessed against the Premises --- i�dd�rs ' a>or Lessee 4 VO,. and all interests in the Premises and all Improvements and other Property on them during the lease term. whether belonging to the Lessor or to Lessee. Lessee will pay all the Taxes, charges, and assessments directly to the public officer charged with their collection not fewer than 15 days before they become delinquent, and Lessee will indemnify Lessor and hold it harmless from all such Taxes. charges, and assessments. Lessee may. in eood faith at its own expense (in its own name or in that of Lessor, or both. as Lessee may determine appropriate), contest such Taxes. charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. § 5.02. At any time that the payment of any item of Taxcs, special assessments, or governmental charges that Lessee must pay under § 5.01 remains unpaid and contested later than fifteen (15) days before it becomes delinquent. Lessor may give written notice to Lessee of its default under § 5.01, specifying the default. If Lessee continues to fail to pay the Taxes, special assessments, or governmental charges. or to contest them in good faith within ten (10) days after the written notice, Lessor may pay the items specified in the notice. and Lessee will. on demand. reimburse Lessor any amount paid or expended by Lessor for this purpose. with interest on the amount at the rate of ten (10.00) percent annually from the date of Lessor's payment until reimbursement by Lessee. ARTICLE 6. UTILITIES Lessee will pay or cause to be paid all charges for water. electricity, and all other utilities used on the Premises throughout the lease term, including any connection fees. ARTICLE 7. USE OF PREMISES § 7.01. Lessee may use the Premises for the purpose of constructing, installing and maintaining a telecommunications Hut to be used in the deployment of fiber cable and associated telecommunications equipment as part of a fiber communications network and services to be provided by Lessee using that network, and for no other purpose without the written consent of Lessor. a. Lessor will not unreasonably withhold consent to a change of use: provided however, that any change in use shall not include the constntction, erection or placement of a monopole. tower or other support structure for cellular. wireless or satellite communications that exceeds twenty (20) feet in height measured from ground level (not from the top of the Hut) at the location of the Hut. b. Under no circumstances during the tens of this lease will Lessee use or cause to be used in the business operated on the Premises any hazardous or toxic substances or Materials. or store or dispose of any such substances or Materials on the Premises except for those hazardous or toxic substances or Materials that are necessary for the safe and efficient operation of the Hut. Lessor specifically agrees that a generator and fuel necessary for the generators operation may be located at the Premises; provided however, that the location of the generator and fuel storage shall comply with industry standards and all applicable laws. §7.02. Lessee may not use all or any pan of the Premises or any building situated on them for any use or purpose that violates any valid and applicable law, regulation, or ordinance of the United States. the State of Texas. the County of Brazos. the City of Brvan [if applicable], or other lavvfal authority with jurisdiction over the Premises. Lessee is not considered to have violated this provision unless: a. Lessor has notified Lessee in a writing specifying the alleged violation; lniflWs VCI. _ 7 m Le>stt b. There has been a final adjudication by a court of competent jurisdiction that the specified use violates the law, regulation. or ordinance specified in the notice: C. The specified law, regulation; or ordinance is valid and applies to the Premises: and d. Lessee has had a reasonable time after the final adjudication to cure the specified violation. § 7.03. Lessee nor any assignee nor any subtenant will not (a) use or permit to be used any pan of the Premises for any dangerous or noxious trade or business. (b) transport to or from, dispose of use. store. handle, or generate any flammable explosives or hazardous or toxic substances on. at. in. or near, the Premises except for those permitted in this lease, or (c) use the Property for any purpose or business which is noxious or unreasonably offensive because of the emission of noise. smoke, dust or odors or cause or maintain any nuisance in, at or on the Premises. ARTICLE 8. CONSTRUCTION BY LESSEE § 8.01. Lessee may. at any time and from time to time during the lease terns, erect, maintain, alter_ remodel. reconstruct. rebuild, replace, and remove buildings and other Improvements on the Premises, and correct and change the contour of the Premises. subject to the following: a. Lessee bears the cost of any such work. b. The Premises must at all times be kept free of mechanics and materialmen's liens. C. Lessor must be notified of the time for beginning and the general nature of any such work. other than routine maintenance of existing buildings or Improvements. at the time work begins. d. The conditions of § 8.04 concerning Lessor's approving plans must be followed. § 8.02. Lessor must cooperate with Lessee concerning easements, dedications, zoning, and restrictions of the Premises as follows: a. Easements and Dedications. To provide for the more orderly use of the Premises, it may be necessary. desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Premises. Lessor must. on Lessee's request, join with Lessee in executing and delivering the documents, from time to time. and throughout the lease term. as may be appropriate, necessary, or required by the several governmental agencies, public utilities, and companies for the purpose of granting the easements and dedications. b. Zoning. If Lessee considers it necessary or appropriate to obtain use, zoning, or subdivision and precise plan approval and permits for the Premises or any part of them. Lessor will execute the documents, petitions, applications, and authorisations as are appropriate or required to submit the Premises, or any part of' them, for the purpose of obtaining conditional use permits, zoning and rezoning, tentative final tract approval, precise plan approval, and further, for the purpose of annexation to or the creation of districts and govemmental subdivisions. Lessor will execute these documents from time to time as requested by Lessee. C. Expenses. Lessee exclusively bears the cost and expense of any action required of Lessor under subparagraphs a through c. above. d. Lessee as Lessor's Agent. Lessor appoints Lessee as its attorney in fact and agent (to be irrevocable so long as this lease remains in full force, which is deemed to be a power coupled with an interest) to execute and deliver and to record any documents that may be appropriate, necessary, or required under subparagraphs a through c above. in Lessor's name. and any third person may rely on such execution, delivery, and recordation. C�/ a - �((]� Lcssar Lessee 6101 _ __ I L11 § 8.03. Lessee expects to begin construction of a Hut within ten (10) days after possession is delivered to Lessee or after all necessary permits and other authorizations are issued, whichever is later. § 8.04. The following rules govern Lessor's approving construction. additions. and alterations of buildines or other Improvements on the Premises: a. Written Approval Required. No building or other improvement may be constructed on the Premises unless the plans, specifications, and proposed location of the building or other improvement has received Lessor's written approval and the building or other improvement complies with the approved plans, specifications; and proposed location. No material addition to or alteration of any building or structure erected on the Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have first been submitted to and approved by Lessor. b. Submission of Plans. With respect to Lessee's Hut, Lessee shall submit plans and specifications to Lessor for Lessor's approval. If Lessee wishes to construct other buildings or Improvements for which Lessor's approval is required. Lessee must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing any other buildings or Improvements or additions or alterations to the Hut or to any buildings or Improvements that require Lessor's approval under subparagraph a above. Lessee must submit three (3) copies of detailed working drawings, plans. and specifications for such other buildings, Improvements or additions or alternations before the project begins. C. Lessors Approval. Lessor will promptly review and approve all plans submitted under subparagraph b above or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. within 25 days after the corrections or changes have been noted. Lessor's failure to object to the resubmitted plans and specifications within five (5) days constitutes its approval of the changes. Minor changes in work or materials not affecting the general character of the building project may be made at any time without Lessor's approval, but a copy of the altered plans and specifications must be furnished to Lessor. d. Exception to Lessor's Approval. The following items do not require submission to. and approval by. Lessor: (i) Minor repairs and alterations necessary to maintain existing structures and Improvements in a useful state of repair and operation. (ii) Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or Improvements, to comply with legal requirements. e. Effect of Approval. Lessor's approval of any plans and specifications applies only to the conformity of the plans and specifications to the general architectural plan for the Premises, and Lessor may not unreasonably withhold approval. Lessor's approval does not constitute approval of the architectural or engineering design. and Lessor, by approving the plans and specifications. assumes no liability or responsibility for the architectural or engincerine desiun or for any defect in any building or improvement constructed from the plans or specifications. § 8.05. Any buildings. Improvements. additions. alterations. and Fixtures (except furniture and trade fixtures) constructed, placed, or maintained on any part of the leased Premises during the lease term are considered part of the real property of the Premises and must remain on the Premises and become Lessor's property with the lease terminates. Ininals A�---. Lessor I Lessee § 8.06. Lessee may, at any time while it occupies the Premises, or within a reasonable time thereafter, remove any buildings; Improvements, additions, alterations; and fixtures constructed; placed. or maintained on any pan of the leased Premises with the prior written consent of Lessor. If Lessee removes buildings, Improvements, additions, alterations, and fixtures constructed, placed, or maintained on any pan of the leased Premises. Lessee will restore the Premises to its original contours. or other contour as approved in writing by Lessor. Lessee ntay, at any time while it occupies the Premises, or within a reasonable time thereafter. remove any furniture, machinery, equipment, or other trade fixtures owned or placed by Lessee. its sub -lessees or licensees, in. under. or on the Premises, or acquired by Lessee, whether before or during the lease term. Before the lease terminates, Lessee must repair any damage to any buildings or Improvements on the Premises resulting from the removal. Any such items not removed by the lease termination date will become Lessor's property on that date. ARTICLE 9. ENCUMBRANCE OF LEASEHOLD ESTATE § 9.01. Lessee may, at any time and from time to time, encumber the leasehold interest, by deed of trust. mortgage. or other security instrument. without obtaining Lessor's consent. but no such encumbrance constitutes a lien on Lessor's fee title. The indebtedness secured b_v the encumbrance will at all times be and remain inferior and subordinate to all the conditions. covenants. and obligations of this lease and to all Lcssors rights under this lease. References in this lease to "Lenderrefer to anv person or entity to whom Lessee has encumbered its leasehold interest. § 9.02. At any time after execution and recordation in Brazos County, Texas, of any mortgage or deed of trust encumbering Lessee's leasehold interest. Lender may notify Lessor in %writing that the mongage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it wants copies of notices to be mailed. or designate some person or corporation in the City of Bryan. Texas, as its agent and representative for the purpose of receiving copies of notices. Lessor must mail to Lender and to any agent or representative designated by Lender, at the addresses given, duplicate copies of all written notices that Lessor gives or serves on Lessee under the terms of this lease after receiving such a notice from Lender. § 9.03. Lessor and Lessee will neither modify nor temtinate this lease by mutual consent without Lender's written consent. § 9.04. Lender may do any act required of Lessee to prevent forfeiture of Lessee's leasehold interest; all such acts are as effective to prevent a forfeiture of Lessee's rights under this lease as if done by Lessee. § 9.05. Lender may realize on the security afforded b\ the leasehold estate by exercising foreclosure proceedings or power of sale or other remedy afforded in law or equity or by the security documents and may transfer, convey, or assign Lessee's title to the leasehold estate created by this lease to any purchaser at any such foreclosure sale. Lender also may acquire and succeed to Lessee's interest under this lease b_v virtue of any such foreclosure sale. Lender will not be or become liable to Lessor as an assignee of this lease or otherwise unless it assumes such liability in writing, and no assumption may be inferred from or result from foreclosure or other appropriate proceedings in the nature of foreclosure or as the result of any other action or remedy provided for by the mortgage or deed of trust or other instrument or from a conveyance from Lessee under which the buyer at foreclosure or grantee acquires Lessee's rights mt� al� I_f550f L6 cc sVol. p 2G5� 9' — and interest under this lease. Any purchaser of the Property at a foreclosure sale becomes obligated to Lender as the Lessee under the lease. ARTICLE 10. REPAIRS, MAINTENANCE, AND RESTORATION § 10.01. At all times during the lease temi. Lessee will keep and maintain. or cause to be kept and maintained. all buildings and Improvements erected on the premises in a good state of appearance and repair (except for reasonable wear and tear) at Lessee's own expense. § 10.02. If any building or improvement constructed on the Premises is damaged or destroyed by fire or any other casualty. regardless of the extent of the damage or destruction. Lessee must, within one month from the date of the damage or destruction, begin to repair, reconstruct. or replace the damaged or destroyed building or improvement and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the building to substantially the condition it was in before the casualty. But if beginning or completing this restoration is prevented or delayed by war, civil commotion, acts of God. strikes, governmental restrictions or regulations. or interferences, fire or other casualty, or any other reason beyond Lessers control. whether similar to anv of those enumerated or not. the time for beginning or completing the restoration (or both) will automaticalh, be extended for the period of such delay. ARTICLE 11. MECHANICS' AND MATERIALMAN'S LIENS Lessee will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or Improvements on the Premises by reason of any work. labor, services. or materials supplied or claimed to have been supplied to Lessee or anyone holding the Premises or any part of them through or under Lessee. If such a mechanics' lien or materialman's lien is recorded against the Premises or an buildings or Improvements on them. Lessee must either cause it to be removed or. if Lessee in good faith wishes to contest the lien. take timely action to do so. at Lessee's sole expense. If Lessee contests the lien. Lessee will indemnify Lessor and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event of a judgement of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. ARTICLE 12. CONDEMNATION § 12.01. If the Premises or any part of them are taken for public or quasi -public purposes by condemnation as a result of any action or proceeding in eminent domain. or are transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain. the article governs Lessor's and Lessee's interests in the award or consideration for the transfer and the effect of the taking or transfer on this lease. § 12.02. If the entire Premises are taken or so transferred as described in § 12.01. this lease and all of the rights, titles, and interests under it will cease on the date that title to the Premises or part of them vests in condemning authority, and the proceeds of the condemnation will be the property of Lessor. § 12.03. If only part of the Premises is taken or transferred as described in § 12.01, this lease will terminate if. in Lessee's opinion, the remainder of the Premises is in such a location, or is in such form, shape, or reduced size. that Lessers business cannot be effectively and practicably operated on the remaining Premises. In that event, this lease and all rights, title, and interest under it will cease on the date sor Lessec 9 pg. that title to the portion of the Premises taken or transferred Vests in the condemning authority. The proceeds of the condemnation will be divided one-third to Lessor and two-thirds to Lessee. § 12.01. If pan of the Premises is taken or transferred as described in § 12.01 and. in Lessee's opinion. the remainder of the Premises is in such a location and in such form, shape, or size that Lessee's business can be effectively and practicably operated on the remaining Premises. this lease will terminate with respect to the portion of the Premises taken or transferred as of the date title to such portion vests in the condemning authority but will continue in full force with respect to the portion of the Premises not taken or transferred. As of that date. the rental Lessee must pay Lessor will be reduced during the unexpired portion of this lease to that proportion of the annual rent that the value of the part of the Premises not taken bears to the value of the total of the Premises. Such values are to be determined as of the date immediately before any actual takin?. The proceeds of the condemnation will be divided one-third to Lessee and hyo -thirds to Lessor. § 12.05. Nothing in this article prohibits Lessor from voluntarily conveying all or part of the Premises to a public utility. agency, or authority under threat of a taking under the power of eminent domain. Anv such voluntary conveyance will be treated as a taking within the meaning of this article. ARTICLE 13. INSURANCE AND INDEMNIFICATION 13.01. At all times during the lease terns. Lessee will keep all buildings and other Improvements located or being constructed on the Premises insured against loss or damage by wind, fire or flood. with extended -coverage endorsement or its equivalent. This insurance is to be carried by insurance companies authorized or admitted to transact business in Texas with a Besrs Insurance Rating of AA or better, selected by Lessee and approved by Lessor and any Lender under Article 9. The insurance must be paid for by Lessee and will be in amounts not less than 80 percent of the full insurable value of the buildings and other Improvements. The insurance policy or policies must name both Lessor and Lessee as named insureds and must provide that any loss of 5200,000 or less will be payable solely to Lessee: Lessee will use that sum for repair and restoration purposes. Arne loss over 5200.000 will be made payable jointly to Lessor and Lessee, but if there is a Lender under Article 9, the insurance may. at Lessee's option, contain a loss -payable clause in favor of the Lender, under which any proceeds will be payable solely to the Lender. §13.02. At all times during the lease term. Lessee will provide and keep in force liability insurance covering Lessor and Lessee for liability for property damage and personal injury. This insurance is to be carried by one or more insurance companies duly authorized or admitted to transact business in Texas with a Best's Insurance Rating of AA or better. selected by Lessee and approved by Lessor, and will be paid for by Lessee. The insurance provided under this section must be in the amount of not less than 5500,000 for Property damage and not less than 5300,000 for one person and 51,000,000 for one accident for personal injury. This insurance will protect Lessor and Lessee against liability to any employees or servants of Lessee and to any other person or persons whose property damage or personal injury arises out of or in connection with the occupation, use, or condition of the Premises. § 13.03. Lessee will obtain and maintain (to the extent reasonably procurable) construction liability insurance at all times when demolition. excavation, or construction work is in progress on the Premises. This insurance must be carried by insurance companies authorized or admitted to transact business in Texas with a Best's Insurance Rating of AA or better, selected by Lessee and approved by Lessor, and must be paid for by Lessee. The insurance will have limits of not less than $500.000 for property damage and 5300,000 for one person and 51,000,000 for one accident for personal injury and must protect Lessor Initials 'S L S-1 es or Lessee Pg. �2G and Lessee, as well as any other person or persons Lessee may designate, against all liability for injury or damage to any person or property in any way arising out of demolition_ excavation, or construction work on the Premises. § 13.04. Lessee must furnish Lessor with certificates of all insurance required by this article. If Lessee does not keep this insurance in force. Lessor may notify Lessee of this failure, and if Lessee does not deliver to Lessor certificates showing all such insurance to be in full force within 10 days alter this notice. Lessor may. at its option, take out or pay the premiums on the insurance needed to fulfill Lessee's obligations under this article. On Lessor's demand. Lessee must reimburse Lessor the full amount or anv insurance premiums paid by Lessor under this section, with interest at the rate of ten (10.00) percent annually from the date of Lessors demand until reimbursement by Lessee. § 13.05. Lessor is not liable for any loss, damage, or injun, of any kind to any person or property arising from any use of the Premises (or any pan of them), or caused by any defect in anv building, structure, improvement, equipment, or facility on the Premises or caused by or arising from any act or omission of Lessee, or any of its agents, employees. licensees, or invitees, or by or from any accident, fire. or other casualty on the Premises. or brought about by Lessee's failure to maintain the Premises in safe condition. ARTICLE Id. ASSIGNMENT AND SUBLEASE Lessee may sell or assign its leasehold estate in its entirety. or may sublet the Premises or any portion of them or any portion of any building or other Improvement erected on the Premises. at any time and from time to time. and the rights of Lessee or its successor, assignee or sublessee, may pass by operation of law. But any transfer, assignment, sublet, or sale (other than to an affiliate of Lessee or by operation of law) is subject to ninety (90) days' advance written notice to Lessor and Lessor's consent. which shall not be unreasonably conditioned, delayed or withheld. Lessers transfer, assignment, sublet or sale of its leasehold estate will not release Lessee from its obligations under this lease. Lessee's agreement to allow a collocation arrangentent(s) by one or more providers of communications or broadband services, under which such providers' communications equipment would be placed on the Premises. or in the building or other Improvement erected by Lessee on the Premises, shall constitute a sublet under this Article 14. ARTICLE 15. DEFAULT AND REMEDIES § 15.01. If Lessee defaults in performing any covenant or term of this lease and does not correct the default within 15 days after receipt of written notice from Lessor to Lessee and any lender as required by § 9.02, Lessor may declare this lease, and all rights and interest created by it, terminated. If Lessor elects to terminate. this lease will cease as if the day of Lessor's election were the da' originally fixed in the lease for its expiration. Lessor or its agent or attorney may resume possession of the Premises and relet them for the remainder of the term at the best rent obtainable for the account of Lessee, who must make good any deficiency. Lessee and Lessor agree that. for the purpose of posting the notice required by Proper Code § 9.002(1), the "front door' of the lease Premises is the Hut's door. § 15.02. An termination of this lease as provided in this article will not relieve Lessee from paying any stun or sums due and payable to Lessor under the lease at the time of termination. or any claim �J [ Initials p9 . Lessee § 1.02. Any termination of this lease as provided in this article will not relieve Lessee from paying any sum or sums due and payable to Lessor under the lease at the time of termination, or any claim for damages then or previously accruing against Lessee under this lease. Any such tctnrtination will not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All Lessor's rights. options, and remedies under this lease will be construed to be cumulative,. and no one of them is exclusive of the other. Lessor may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants or conditions of this lease may be construed a waiver of any succeeding or preceding breach of the same or any other covenant or condition of this lease. § 15.03. Lessor's exercising any remedy does not affect the existence of subleases that were entered into with Lessee according to this lease and that cover any portion of the Premises. ARTICLE 16. LESSOR'S WARRANTIES AND COVENANTS § 16.01. lessor warrants that it is the owner in fee simple absolute of the Premises, subject only to the following covenants. conditions. casements. and other matters of record. subject to covenants, conditions. easements and other matters of record. § 16.02. Lessor covenants that as long as Lessee pays the rent and the other charges under this lease and observes the covenants and terms of this lease. Lessee will lawfully and quietly hold. occupy. and enjoy the Premises during the lease term without being disturbed by Lessor or any person claiming under Lessor, except for portion of the Premises that is taken under the power of eminent domain. ARTICLE 17. GENERAL PROTECTIVE PROVISIONS § 17.01. Upon at least 48 hours' advance notice. Lessee must permit Lessor or its agents. representatives, or employees to enter the Premises for the purpose of determining whether Lessee is complying with this lease. Lessee may. at its sole cost and expense, accompany lessor, its agents, representatives, or employees on any such entry on the Premises. § 17.02. The relationship between Lessor and Lessee is at all times solely that of lessor and lessee and may not be deemed a partnership or a joint venture. § 17.03. if constructing the building as provided in § 8.03 or curing any default (other than failure to pay rent. insurance premiums. or ad valorem taxes) or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty. or any other circumstances beyond Lessee's control or that of the party obligated or permitted under this lease to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. § 17.04. Bankruptcy. insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this lease as long as Lessee and Lessor or their respective successors or legal representatives continue to perform all covenants of this lease. Iniiial�_'1� FVol.o S Pg. X69 a L�� t_.. § 17.06. No waiver by either parte of any default or breach of any covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this lease. § 17.06. If Lessor sells or transfers all or part of the Premises and as a pan of the transaction assigns its interest as Lessor in this lease. then as of the effective date of the sale, assignment, or transfer. Lessor will have no further liability under this lease to Lessee; except with respect to liability matters that have accrued and are unsatisfied as of that date. Underlying this release is the parties' intent that Lessor's covenants and obligations under this lease will bind Lessor and its successors and assigns only during and in respect of their respective successive periods of ownership of the fee. § 17.07. If this lease names more than one Lessee or Lessor, the obligation of all such Lessees or Lessors is joint and several. ARTICLE 18. MISCELLANEOUS § 18.01. All rents or other sums. notices, demands, or requests from on party to another may be personally delivered or sent by mail. certified or registered, postage prepaid, to the address stated in this section and are considered to have been given at the time of personal delivery or of mailing. All payments. notices. demands; or requests from Lessee to Lessor should be mailed to Lessor at 200 S. Texas Ave.. Suite 332. Bryan. TX 77803 or faxed to Lessor at 979.361.4603 or emailed to Lessor at dpeters@brazoscountvtx.gov or at such other address or fax number or email address as Lessor requests in writing All payments. notices. demands; or requests from Lessor to Lessee should be mailed to Lessee at P.O. Drawer 4128. Bryan, TX 77806-4128 or faxed to Lessee at 979.696.2810 or emailed to Lessee at twilkinson rni.hycog.ore. or at such other address or fax number or email address as Lessee requests in Writing. § 18.02. If this lease names more than one Lessor or Lessee. service of any notice on any one Lessor or Lessee is considered service on all Lessor's or Lessee's. respectively. § 18.03. This agreement binds. and inures to the benefit of. the panics to the lease and their respective heirs, executors. administrators. legal representatives, successors, and assigns. § 18.04. This agreement is to be construed under Texas law, and all obligations of the parties created by this lease are performable in Brazos County. Texas. § 18.06. If any one or more of the provisions contained in this agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity. illegality, or unenforceability will not affect any other provision of the lease, which will be construed as if it had not included the invalid, illegal, or unenforceable provision. § 18.06. This agreement constitutes the panics' sole agreement and supersedes anyprior understandings or written or oral agreements between the parties with respect to the subject matter. § 18.07. No amendment, modification. or alteration of the lease is binding unless in writing. dated subsequent to the date of this lease, and duly executed by the parties. LA ,! s,cr 13 Vol. _oZ 5 � pg. 18.09. Time is of the essence of this agreement. j 18.10. Lessor will from time to time and at any reasonable time execute and deliver to Lessee. when Lessee reasonable requests, other instruments and assurances approving. ratifying, and confirming this lease and the leasehold estate created by it and cenifvin, that the lease is in full force and that no default under the lease on Lessee's part exists. But if any default on Lessee's pan does exist. Lessor must specify in any such instrument each such default. 18.1 L Nothing in this lease constitutes a waiver of by either party of its rights under Texas law, including sovereign immunity. THIS LEASE has been executed by the parties on the date and year first above written. LESSOR wl Lt [n ped name ojLessor) �'�`� s'ignaatre] v-1Urtp d name and eapacitrJ LESSEE Brazos Vallev Council of Governments [signanu•el [typed name and capacirvj 5-1 �f 5 L sor Lessee 14 Vol. _rr `J .' ._. Pg. - EXHIBIT A [description of the property] --Iniriek-�'l-= r/ Lessor Lessee II I 1 °e I I I= ORI iY w rn.c. w qn� Y-' WERTO i1gTF]° I e f - 1 • I � T:r.�•— — SST. �j (r � ,� � FINAL MAT L(YI'IRd2R, BLOCK �ie �..��t'�.I i,. M � �1 Iw.r '1• ,_..�...s.._ Y-' WERTO i1gTF]° I e f - 1 • I � j� _ FINAL MAT L(YI'IRd2R, BLOCK �ie �{_. �.._—-•—.• ,_..�...s.._ :' YLo faSwTnr�� 1 REPLAT = IXTI 1, BLOCK I 1• I .- K2. B11CKI '1 'LAT�- "" � •:�+�x , ��: e. STATE OF TEXAS COUNTY OF BRAZOS AGREEMENT DOWNTOWN BRYAN ASSOCIATION AND BRAZOS COUNTY BRAZOS COUNTY SHERIFF'S DEPARTMENT INMATE SERVICES THIS AGREEMENT is hereby made and entered into this thex_I day '2017, by and between the DOWNTOWN BRYAN ASSOCIATION, a non-profit corporation ("DBA") and BRAZOS COUNTYi a political subdivision of the State of Texas ("County"), each acting by and through its duly authorized agents; WHEREAS, the County has inmates in the custody of the County Sheriff who are capable of performing community service work, including but not limited to minor public works construction and maintenance projects, landscaping maintenance, and litter patrol; and WHEREAS, the Parties recognize that allowing inmates to work off time saves the County tax dollars by reducing the number of days in custody, and provides additional public benefits by reducing litter in Downtown Bryan and making the area more attractive to residents and visitors; and WHEREAS, DBA desires to improve the appearance of Downtown Bryan for special events and on a continuous basis, and the County is willing to accommodate that desire, in exchange for DBA's agreement to share in the costs incurred; and NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: A. SCOPE OF WORK 1. The County shall provide DBA with supervised inmates who can provide manual labor on minor work and maintenance projects, landscaping construction and maintenance projects, litter control, and any other reasonable task requested by the DBA, agreed to by the County, and permitted by law. Depending on the availability of inmates and the needs of the particular project, the County will provide labor crews of four (4) to six (6) inmates when scheduled by DBA. 2. The County agrees to provide labor for 22 eight-hour work days annually, provided that DBA is able to provide sufficient suitable projects. Additional days may schedule at the same daily rate if requested and an inmate crew is available. A work day is from 7:00 a.m. to 3:30 p.m. with a thirty (30) minute lunch break. DBA will maintain a running tally of the number of days worked in a given month. DBA shall provide a schedule of projects including the dates, times, locations, and the requested number of inmates before the end of business on Thursday of the preceding week. In the event that Force Majeure requires a change in the schedule, DBA will provide at least twenty-four (24) hour notice of such change. If DBA is unable to provide the required notice, the County will be deemed to have provided the labor for that day. 3. For the purposes of this Agreement, Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions, floods, adverse weather, materials or labor shortages, strikes, slowdowns, or work stoppages. pg. �/� 4. DBA shall provide instructions and limited training so that inmates understand their duties and so that the projects are completed safely and effectively, provided however that the Sheriff's office retains the ultimate right and responsibility for control and supervision of the inmates. Unless otherwise agreed to in writing by the Parties, DBA shall provide materials and equipment to be used by the inmates. Inmates shall not be using riding lawn mowers when performing work under this Agreement. DBA shall be responsible for ensuring that inmates receive adequate instruction and safety training on any equipment to be used. B. PAYMENT OF COSTS 5. Unless otherwise agreed to in writing by the Parties, or as otherwise stated herein, each party will bear its own costs. When circumstances justify a sharing of costs, the Executive Director and the Sheriff may reach a written agreement as to how costs will be shared without requiring an amendment of this Agreement, provided that the cost to each party is within the budgetary authority of the Executive Director and the Sheriff. 6. In exchange for the County's agreement to ensure the availability of supervised inmates as required by this Agreement, DBA will pay the County an amount equal to $280 per workday. Payments shall be made on a monthly basis, in arrears, within thirty (30) days following the end of the month for which payment is being made. A copy of the monthly tally of days worked will be submitted with payment. Payment remitted to Brazos County Treasurer at 200 S. Texas Ave., Suite 240, Bryan, TX 77803. C. TERM AND TERMINATION 7. This Agreement shall be effective upon execution by all parties. The initial tern of the Agreement shall expire on September 30, 2018. This Agreement shall automatically renew for up to four (4) additional one-year terms, unless either party elects not to renew by providing the other party with written notice at least sixty (60) days prior to the end of the then current term. 8. Either party shall have the right to terminate this Agreement by giving the other party thirty (30) days written notice. D. NOTICES 9. All notices issued between parties to this agreement shall be in writing. All notices shall he deemed given on the date personally delivered, faxed, emailed, or deposited in the U.S. mail to the following parties, unless an alternative person is designated by the respective parry: Downtown Bryan Association: Downtown Bryan Association P.O. Box 1000 Bryan, Texas 77805-1000 Attn: Sandy Farris, Executive Director County: Brazos County 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 Attn: County Judge E. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire agreement between DBA and the County relating to the provision of the Sheriffs Department inmate services for the specific functions as described above and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute a consent to or waiver of or excuse ofany other different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (signalures to jollowl Vol. o2J pg, 2- NOW THEREFORE, this'Agreemenl is made and entered into, by and between the City of Bryan and Brazos County, to be effective when signed by the last party whose signing makes the Agreement fully executed. DOWNTOWN BRYAN ASSOCIATION Sandy FFarr/11 /Exxecutive Director Date: -// l7 ATTEST: (Board Member) APPROVED AS TO FORM: BRAZOS CO Duane Peters, County Judge Date:/ -7 ATTEST: L co* V" Karen McQueenCounty Clerk APPROVED: Christopher J rk, Sheriff. Evol. 2.i =Pg--C��-1-1- Bid 917-293 Various Aggregates and Other Road Materials Tahulation June 30. 2017 through lune 29, 2018 _ c c oC A- 1 c 4 1 1 1 D I I D I c I- lull l 1 _ _® R v�, mv Bid: 17-293 Various Aggregates and Other Road Materials Tabulation Jure 30, 2017 through June 29, 2018 e c1 1. e c� c c o e cA Ic aeeTµrteat • s u � r a �I ...: .._ _ _ ._•.. ... III ,r. _ I� m f» I . I Y e e o e i c e Bid n 17-293 Various Aggregates and Other Road F.lateri a is Tabulation lune 30, 2017 through lune 29, 2018 \ _ holding the position oll'7-y,'r17(C,_[�Flt_„l- C� I ::_ _. »:- __4.. •2222-: �-1 :. .,.. .-� ... W% .r —.—i .:, __. —= 1 2222. , "•`•-.�...,... -a�- , _,....:.....,..,. ... ,.....,..., ... ,....,...... .,. ....,...._........ 0.. Peeommenpep nnarp. sr.:narv. fira,vr I;,Its,1,. em l.}}, 11. 11 '� ' Srne-1.e !`It:i!rma l[;, n 1, a},[}, nl t], l9}a `1 Vukan: Item 51 6. 1 v l BratvS raving: Item B:, B}. Bt; xn?le Ist" us. 11. CEI ^;em'a^11 ge[rneiry Bnvas Ste1'116sll!eI 16,1 Sr,revi<e A,e[erlalt IIem:S, ll, 31. }1 r... vin8'tIt I.t1. Cl, tE. vt, z3. el,oi. 1, (E; (1,riYce!e: M1 xnde P:ve,.ItemBP}, B1. }0, 9E. ene Se.ane,ry Ivr Gem.V I anJ recvntlary Is, tem c3 v:ll ]e d.... m [rmm:r;:enrh Coup r, e, Ie au I,, "in,:ea=elm, al,e lv,+I6v.emmenl Cope 112 02271,) .vl5etrnGary.a, pWa.n"„'use ELA91 11 Ia.<ton.,:,I:e,r1,.g Fssl,ms:,` u lrr ele,1 M1oo 6 "�� Ap rov d by Cont ours on this day of .Lim 2017 by \ _ holding the position oll'7-y,'r17(C,_[�Flt_„l- C� 1Z 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 14 day of June .1 2017, 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 Callege Station, TX 77845 for the following PROJECT: Professional Engineering and Surveying Services for engineering services for design work related to the Brazos Countv Records Storage Facility Project at Arena Hall, located at 2906 Tabor Road in Bryan, TX The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 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 Agreement Betw=n Cowry and Enginmr Page i 0f9 ',lel. _ �.J � F'g. �.•2 --- 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.I 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. 3.12 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 Ole 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 Agreement aehve Connly nod Engineer Page of E- -- - 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 set -vice. 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 bestjudgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over fie 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 Ag m,(eehw=, C.,iy ana engineer Page 3 of 9 F�V Pg _ I 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 proposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VI 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 trader this Agreement. Agrcemenl aehveen Counly and Cngineer Page 4 of9 Vol. �2✓�5� Pg._,���._ 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 termivation, 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 terns 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 fo: 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 ilio 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. 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. Agreement Between County and Hnginecr Pagc 5 o1`9 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 taws, 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 tinder 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. 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 9.4.1 Records of Reimbursable Expenses pertaining to Additional Set -vices and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. Agmement Wtiveen County and Fhginmr Page 6 d9 i __ 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 tlu'ough current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10,1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES, 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULF 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 Agreement Re veen Courcy and Engineer Page 7 or9 J I. pg._o2�9� 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. 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 set -vices. 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. Aja, ennerd aelween County and Engineer (� Cage a ON -5� pg. ��Q 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 patty 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 ENGINEERING FIRM i SAV i by: Principal Agreement aemeen Cmaly and t ngtnecr Page 9 or Gary Arnold Brazos County Road & Bridge 2617 W. HWY 21 Bryan, Texas 77803 May 31, 2017 RE: Proposal and Scope of Work for Engineering Services for the new Brazos County Records Storage Facility Project at Arena Hall located at 2906 Tabor Road in Bryan, Texas Dear Gary, Thank you for the opportunity to provide professional engineering services for the new Brazos County Records Storage Facility Project at Arena Hall located at 2906 Tabor Road in Bryan, Texas. As we understand, the project design is intended to consist of a 3,000 -SF pre -fabricated metal structure constructed on an engineered slab. We understand that this facility will be located proximate to the existing Arena Hall already on the site such that they can share the existing handicap parking spaces. We have assumed the following for this project: • A new updated survey will be required as the current survey is outdated and there have been several changes to buildings on site since that old survey All new construction will meet City of Bryan setback requirements from the adjacent property lines including the 9.74 acres that was conveyed to BISD. • The new building location will be sited to try and avoid relocation of the existing overhead power line. If that is not possible, we will include the relocation in our construction plan set. If utility services are required to be rerouted we will provide those details on our construction drawings. • NO new driveway will be installed. All driveways to Tabor Road are existing and they will not be reconfigured as part of this project. No new parking lot improvements will be necessary for this project. The existing handicap parking stalls located onsite meet all ADA requirements and these spaces will be shared by both buildings A TDLR registration and inspection will be required for the project e A sidewalk from the building front door to the Tabor Road right-of-way will be required to meet Texas Accessibility Standards. • 3000 square feet of gravel parking will be removed with this project to offset the additional 3000 square feet of impervious cover added with the new building. No underground storm sewer will be constructed as part of this project • No detention will be required for this facility All roof drains will discharge on to splash pads or ground surface All drainage patterns will remain unchanged and the property will continue to drain via sheet flow 3704 EARL RUDDER FWY. S. - COLLEGE STATION, TX 77845 • 1979.]60.6963 979.260.3564 CWIL ENGINEENNG HYDRAULICS HYDRDLOGY UTILITIES 57RLETS SITE MANS 51JBONIS!ONS in W* ... it, LJ1..... rn9Dn.ul........ um hklandlnn¢Jx,C m I Vol. ��� Pg, .__ G Utility service lines (water, sewer, electrical and telecom) will be provided to the new building. These will likely come off the existing building services and not be new taps to the main. • No gas service is required for this facility Brazos County will identify the locations for all existing utility services on site and that will be extended to the new building. There will be no fire line service required to the building as it will be provided with a dry fire sprinkler system which will be designed by others. No parking lot lighting will be provided as all site lighting will be provided by wall packs located on the building • M&M will provide bidding assistance to Brazos County for this project G M&M will provide limited construction administration assistance to Brazos County for the civil portion of this project. a No mechanical engineering services will be required Please note that Mitchell & Morgan is not insured to seal building design plans, therefore we will not provide any sealed building plans for this project. If you need drafting assistance for the building layout, we will be happy to help you in that regard. We have included these services as an additional service that will be billed out hourly. Geotechnical / foundation design will be required for this project. We will be subcontracting this work out to CME Testing & Engineering. We have included the fees for these services in this proposal as reimbursable services. In addition, a landscape and irrigation plan will also be required to be submitted to the City of Bryan as part of our permit set. We have included the fees for these services in this proposal as reimbursable services. We will retain a Registered Accessibility Specialist to review our plans, register the project with the State and provide inspection services. These costs will be passed on as reimbursable expenses. The costs for these services are as follows: Engineering Services: SitePlan ............................................... Utility Plan (water/sewer/elec/telecom)., Drainage Letter ..................................... Sidewalk Paving & Grading Plan.........,. Coordination Time ................................. Bidding Services ................................... Construction Administration .................. Engineering Services Total....... Additional Services: Drafting Services (Hourly) .................. ................................................. $8,500 ...................... $4,000 pg. o���> Reimbursable Services Survey..........................................................................................................$3.850 Geotechnical & Foundation Design (Performed by others)...............................$4,050 Landscape & Irrigation Plans (Performed by others)........................................$1,000 TDLR Review and Inspection Services (Performed by others) ........................TBD OVERALL TOTAL...........................................................................................$21,400 This proposal does NOT include costs for the following services: environmental services, platting, and/or parking lot lighting design services. If there are other services that you desire we will provide those services on an hourly basis at the following hourly rates: Hourly Rates: Sr. Professional Engineer—Development Coordination .................................... $150/hr Principal Design Engineer................................................................................ $135/hr Sr. Professional Design Engineer...................................................................... $110/hr Jr. Professional Design Engineer..................................................................... $100/hr StaffPlanner..................................................................................................... $95/hr Project Coordinator........................................................................................... $90/hr GIS Technician................................................................................................. $85/hr Sr. EIT.............................................................................................................. $85/hr Jr. EIT............................................................................................................. $75/hr Drafter.............................................................................................................. $65/hr Administrative.................................................................................................. $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, cc: file Voi. _ Pg.�_ !3 r:e nr u Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (97.9) 361-4290 FAX (979) 361-4293 June 8, 2017 Southwood West, A Texas General Partnership 14375 East Montgomery Rd email: mcdowell@txcyber.com Scottsdale, Arizona, 85262 Re: Renewal of contract #18-013 for Lease for Precinct 1, Constable; previously known as contract 17-229. Brazos County appreciates the office space that your company has provided and would like to exercise the renewal option for renewal of contract ft 18+013, Lease for Precinct 1, Constable, previously known as contract # 17-229. All terms, conditions, and pricing shalt remain the same. This renewal term will be for one year starting October 1, 2017 through September 30, 2018. To accept the renewal option, please fill out the information and .sign below. Return the signed documents by email to Icontreras@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I maybe reached at (979) 361-4291. Contact Name: Jeff McDowell realtormcowel l @ g mail. cem SOUTHWOOD WEST Authorized Signature t: UN Duane Peters, Comity Judge 623.262.0811 480.342.8071 6/18117 Date (Amlu Date F+E tlF { Brazos County Purchasing Department nr 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 June 8, 2017 Southwood West, A Texas General Partnership 14375 East Montgomery Rd email: mcdowell@txcybeccom Scottsdale, Arizona, 85262 Re: Renewal of contract 418-014 for Lease for Precinct 1, Justice of the Peace, previously known as contract # 17-230. Brazos County appreciates the office space that your company has provided and would like to exercise the renewal option for Renewal of contract # 18-014, Lease for Precinct 1, Justice of the Peace, previously known as contract # 17-230. All terns, conditions, and pricing shall remain the same. This renewal term will be for one year starting October 1, 2017 through September 30, 2018. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Icoutreras@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: Jeff McDowell realtormcdowell@gmall.com SOUTHWOOD WEST Authorized Signature Ba cn Z-, -� Duane Peters, County Judge 623.262.0811 460.342.8071 Text Date �o Date 4 AcconaM Io me PaleMpR III agogn M of I'JAs, W OjLnw TlY nal cRqua on SPJTAI. arta a pel50n Is NI naIw m rC•Spa[E lo, a cfleCt W al mlRmamn YNcSs ndaplafl. lin OM11 mnf.?negahLrTW: WIto OMIT CmVl nYrnNCr IR iM lnlamalM rala[Uana U5/UU335. IIIc IIrtp OMBApprOvld ngurea Wtwplele on15 u1NrtalM mltolan N esurni to emcee 0591wlrs pm n.•spfmce. noW,q we ma lR rLmLwug lnsnlL.. G573.OSn5 seNdLM1a r36tta NU seIOLM, aaVigneraaN nL1mtarre t W. Sain neeown am counignu rn:an O.na lao Ctl ease OF Nlmmi.'l. UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICEI, 202562 2, 06 115 x2017 WILDLIFE SERVICES Wage, tMalam "1 00 vrW WORK INITIATION DOCUMENT FOR WILDLIFE' DAMAGE MANAGEMENT tlpamml wmpar 3. TYPE OF WORK INITIATION O RAENT`n w(WI appy) Z O - ® Rlvdtc PmgMly lemp[16!ry®Nomrlll¢IIr Tnpelry Acsgrvro Th, tinmT fmllps wb in AgacLN I arlRrvnw )a4lnrolm to a AIM]aapCN In Eus4ryl c. WRII Innollon DOC Wakl IlloacrDU Q. 4, cogrraturs R. Brazos County Road and Badge . 1.'" Fns! sidle s C llartenors nuti 2617 HWY 21 W - Bryan Street - - Gly X s mine Mix mpenmmltl p (pr Mdmsl a Nrertaim. 9 OMNI pwn Wave.) c u ti. Bllsoa-nn':nfmanWa Gmvnal Num! ) TX 77600 Sum nP mol e. OMcrs Or nepnescinanw. wma 9 979 822 2127 aellenvNAon WN,+YIYn eaperM trtygeldnoer to ' (?dmCrs a IlcprescnuPlve's ndamss (RddlcmQ lrwn Cmprmra :.l Slow C% Sldl4 )IP f)ap I I N^3 EmPgl•c JN WM Io.Tlm 17 I,IN Olan minimum 1:1 AdMWrIg Pnperey Waw tel SpCCas mfommmn 411Rmd W1'- IIrW CL1S:.krM InRYn!JtanIMUTt:a NWtUA1T1 Chris Watts l 01 100- l Beaver 7 2 Nutda F3 u n Brazos a a s Otters, River mwln 1 A Tw APa TX IIWns Sum ❑si Ig'Si9 doaw ,twycaes. woes Ile 16 n�NY :tlnllo h` sm Rn llgpmppl nvyVl9pm(1!I 1Vnypcvl Vny Qlof4 [(;�pLpblp]In oCfM31dn1 I knit.. ,lp o1.t,ca IYd4alq "n "we" etR n mmMaMs a, mpvsenL lira, Eo lrmeb/ qv4 my �,iprl Wil mncvnencn m lM mm�II 3`4 lkvlt Huang, lnspoam SMHOI (MHISI Ib mudo Its alauh, mDlnWos, Ord 1") 1p um. Ipon land Ox ,lou d,anVlam;o u,,,VouW bvsrm, na drNfM W NnWprl f., v Oacvmta, sJ»Irpvvrg m-0 ads nd c cug ro 4rs: 1, Snare -neck. Spoglght__ 2 NighNlsionlInfrared equip 3. Banters, ExGuslon Iothe)_ 4.Traps/cageltoothold(bodyarlpfsullcase _ 5 Handtools _Praoalt._Flrearms c _ ❑ a amt a na14a, an anJUmILTI Irsa aM.tlonnl manods R ncvrncM. - - 17 I, ple Cospl:laa(Q [al[f/,llprS ICpleSL•ntantY, NK• IeM R11Nme0 CI VII! Iltlll(a5 JIA IM dlnller p MIN V12 rp111a11NU`nlla nM aAnCe$ usILV m $alar) A M11 b W16L'd. aN a onto paiLC4C•ILYJra9 as9CanILH Mm ae"I U IUnobeml aVal 41`1 11S. lm lnclud- is nRICLYS anvinpi area pQalt9)" ea.YC1Y• IC,,,un LIC PlaraMms to safClfaN all pelvYa to Pleven) Infpy IS wWOu IRe Qna Nan Imse Innol in SMYan 3, Ilan 14 (and Mldn IS , a appualUlel. GWOJ aeayEl Use muNnlma f U. of mora MWLi find M111:nLS', and MaClSe, dee ouftipn Will Pm(SY pagmcnlm,lll walfe annual, llwagoICI110IM.Y:11IlYB. l elaelsLlN V4V APHIS, WS,'MI Maintain rC511 am I P"ltl BW)mllm mcum m apN141IIRR m:a(, WON VN Wang In,4:mw1 Nw.Lmm(, aM INt nV,FnS, WS, WJ pl W . Copt a Inc nem m rand m IIIIQnatlm pron ty upon 1m IYOI r, TR s R co,,,,,ws rCnIRSI II,YII.•If1.Ya IrIJI A1,1119 npy CMpa (ib(Ia PO'.II)arIYg S151CR1 (GpNI 6gfdlm',M al pa PUf.'Cl Snp 16 Pan p1(MI(Vlml R,l [SIMy Ir:IGYI(f R E MllQIIIe 1111:J]L• n411Ullig n rl.ro win is In OnLdCIVpQI V11I1CSL VQCISLINI:NfS aM nII11P.IM'n¢IISmIM aY1VLtl,1,UM.`C(NIpLYJIaa[(%1[CmtaylC'(IIMmIOYVC,aQCC Ing: C11C rL:l"glaNe pCLT0Y1nS la 2 amou'a' agionec lG aWMOO15 assuna ICspunSuITY Ing' "Ing, In my prWffY aldfr ON Owning, Mien svd In;Qy Is not IM reLlt Q wgbgaOSm INMNgo F VI atsM ng mm s+dmug sv may Nam IR VIa IMYWse UI na4rnml pLv. minllg alto null!4,,S a ca POSSUM IYl)aral, ins tne,. aSSoadXM eYm Moore daea aGtllanl lfL'15mC51n IR[!merlVl; and to Gra. awgna!e Walnml3l Inosa pa$ tall- Ila)arcn in pe} ,, l mlVWfQC la m!n Wgc 511N WGe GIla9. rUarpl. PI IC(aallQlnn a1 VM t1a1e.N91a Ile dIYM!d nail mP. IRP. nr SppprCYl IMhMi.ma dr4,lM aWYYYM t%VbS W Vh ml(411R1 naaYllml, I, ml' CRpLYa1Q a m CQ,pCraVA's ILVaScrLlINe, a7m Ill la mncu"COMl•uSl•Q Wait, IO M•Ils(.V upon law% rmCIM Vy N6 Wath IMllitll nucW IL any In= mak"duInngh 'ea.. tea es Mto tMn n. dee 1151M 3U ln:cdnn 3 Ilan 14 ,mn Ilan lb 11 j[Wu,ffWI adl3i s rmn ualnt On Wolpt h 4 N API riSIn MA Sec, 4 cont: Zine Phosphide cone Todent illegot56226-61, leveleribeaver pond Instructions for Completing WS Form12A Work Initiation Document for Wildlife Damage Management Section 1- Basic Work Initiation Information Item 1. Work Initiation DocumentNumber- Record the assigned number for this document. 2. Date - Enter the date the form is completed. . 3. Type of Document -.Record the type of Work Initiation Document by marking the appropriate box(es). Hirst: A Work Initiation Document may have more than one characteristic. Example: A Work Initiation Document can be a Temporary and Urban Document Assign to Special Groups: If this Work Initiation. Document is to be tracked by special groups which are serviced, list them In this item. Section 2 - Items In this Section capture data about the Cooperator 4. Enter name of cooperator as it appears on the cooperative service agreement, cooperative service field agreement, Memorandum of Agreement or Understanding, or as A appears in the cooperator's business references.. 5. Enter the cooperator's address and alternate address or location if the primary address is different from the site where the work will be done. - - 6. Enter the name of the cooperator's business, farm; or ranch, if applicable. 7. Enter the State abbreviation. and the ZIP Code. 6. Enter the name of the owner or cooperator's representative if it is different from the cooperator name, the area code, and telephone number of the owner. 9. Enter the Cooperators telephone number, including .the area -code. 10. Enter the property owners address (or property owner's representative's work address if this is a non -private agreement), including the ZIP Code even if it is the same as Rem 6. NOTE: If the cooperators address in Item 5 is also the address of the owner, you need not complete this Rem. Section 3 - Information about the WS employee conducting activities, the property. being worked on, and the species being'addressed Is captured In this Section 11. Employee Name, County and State, In this subsection, record the name. of the WS employee, and the State and county for the site where the work is being performed. 12. Land Class - Record the land Gess being worked on, and enter the number of acres for that land class. Record the total acres by summing all entries in the "Anes" column. 13. Adjoining Property - if the Work Initiation Document allows you to work on an adjoining property as part of the project, you must have additional Work Initiation Documents signed by those adjoining land owners/managers. The Work Initiation Document numbers for those properties go in this subsection. 14. SpeclesfCodes - List the names of the species that will be targeted during the damage managementartivities. Official MIS abbreviations for the names of the species may be used. 15. Additional Species - If more species are targeted than can be entered in this block, mark this box and.attach the . - WS Form 12A Addendum listing them. Section 4 - Component Use Information 16. Components - List the type of components that will be used in the wildlife.damage management activity. If more components are to be used than can be entered in the available space, mark this box in this Section and attach the WS Form 12A Addendum listing them. _ Section 5 - Work Initiation Considerations - WS Responsibilities 17. Allow the cooperator to read this section, or alternately, read R to the cooperator before signatures are affixed. Section 6 - Work Initiation Considerations -.Cooperator Responsibilities 18..AIlow cooperator to read this section, or alternately, read It to the cooperator before signatures are affixed. ;Section 7 - Special Considerations 19. Special Considerations -if any special considerations are agreed to for this project, enter them in this Section. Section 8 - Signatures/Dates - 20. Obtain the signature and address of the landowner, lessee, administrator, or representative of the project lend(s). Enter a date when the documentiwas signed. 21. The WS employee completing the form signs and enters the official title, telephone number, address, and date. Provide e copy to thecooperator after signature; keep one copy for your files, provide one copy to the State Office, and provide .copies to other WS personnel/offices. as appropriate. The Privacy Act Notice' required to be given to the cooperator is on the back of the Cooperator Copy of this form. Privacy Act Notice Tdle 5, United States Code, Section 552a(e)(3) requires that each agency that maintains a system of records provide each individual from whom the agency solicits information with the following information. Authority Tor Requesting Information Title 7, United States Code, Section 428-426c, and Tdle 18 United States Code, -Section 657, authorizes officers, agents, and employees of USDA,. APHIS, Wildlife Services; to conduct a program of wildlife service's and to enter into agreements with States, local jurisdictions, individuals, andpublic and private agencies, organizations, and institutions for the purpose of conducting such services. NatureofYour Disclosure oliInformation Disclosure of information solicited by USDA, APHIS, and Wildlife Services, is voluntary. Principal Purpose for Which the information Is Sollclted Information is solicited from you for the purpose of executing and implementing agreements for control of wildlife damage. Routine Uses Which May be Made of the Information The routine uses which may be made of the information are: Routine use 1 permits disclosure to cooperative State government officials, employees, or contractors, as necessary to carry cut the program; and other parties engaged to assist in administering the program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the program, end thus is compatible with the purpose for which the records are created and maintained; Routine use 2 permits disclosure to the appropriate agency, whether Federal, State, local, or foreign, charged with the responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto,of anyrecord within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in. nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto; Routine use 8 permits disclosure to the Department of Justice when the agency; or any component thereof, or any employee of the agency in his/her official capacity, or any employee of the agency in his/her individual capacity where the Department of Justice has agreed to represent the employee, or the United States, in litigation, .where the agency determines that litigation is likely to affect the agency or any of its components, Is a party to litigation or has an interest in such litigation. and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary, to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected; Routine use 4 permits disclosure for use in a proceeding before court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his/her official capacity, or any employee of.the agency in his/her individual capacity where the agency has agreed to represent the employee, or the United States, where the agency determines that litigation is likely to effect the agency or any of its components,. is a party to litigation or has an Interest in such. litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosureof the records to the court -isa use of the informationcontainedin the records that is compatible with the purpose for which the records were collected; Routine use 5 permits disclosure to appropriate agendas, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; the agency has deterninedthat as a result of the suspected or confirmed compromise there is a risk of harts to economic or property interests, a risk of identity theft or fraud, or a risk of harts to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimae, or remedy such harts. Routine use 6 permits disclosure to USDA employees or contractors, partner agency employees or contractors, or private industry employees to identify patterns, trends, or anomalies indicative of fraud, waste, or abuse. Routine use 7 permits disclosure to the National Archives and Records Administration or to the General Services Administration for records management Inspections conducted under 44 U.S.C. §§ 2904 and 2906. Effects of Failure to Furnish Information Failure to provide the solicited igfarmation will not subject you to penalties or adverse consequences. ?"4 (e6awil) Agreement No. FIELD AGREEMENT Among U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services and Texas AgriLife Extension Service - Wildlife Services and Texas Wildlife.Damage Management Association, Ino. and Brazos County Road and Bridge Cooperator In accordance with the terms of the Memoraadton-of Understanding between the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas AgeiI.ife Extension Service - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively (mown as the Texas Wildlife Services Program (TWSPD a copy of which is on filo at the Stale Office, San Antonio, Texas, this field agreement Is intended to augment the wildlife damage management activities of the TWSP. THEREFORE, Itis Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shag be under direct supervision of the U.S..Depaomeat of Agriculture. Animal and Plant Health Inspection Service, Wildlife Services. A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plane and procedures that are necessary m best serve the interest of the parties hereto. 2. Tbc Cooperator willprovide funds to the Texas Wildlife Damage Management Food for the employment of personnel, (tinge benefits, payment of travel and other expenses os necessary to fulfill the mission of the cooperative Frogman. The TWSP will contribute to the salary, travel costs, and all other necessary expenses to carry out an effective program. 3. The Stale Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by my patty to this agreement and shall perform such other administrative functions as an agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, 1931, (7 U.S.C. 426426c, as amended) and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of ouismce animals injurious to agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of m officer of a managing cooperative entity or employee acting within the scope of his/her employment to the extent compensation is available pursuant to the Federal Tor[ Claims Act (FICA), 28 USC 2671 at seq., except to the extent that aforesaid liability arises from the negligent nets or omissions of the Cooperator, their employees, agents, or subcontractor(s). Such relief shag be provided pursuant to the procedures set ford[ in the FTCA and applicable regulations. 6. Fuer or other parts of monetary value taken from wild animsls will be handled in accordance with the provision of Article 3 f. of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon.availability of funds. It is understood and agreed that any monies allocated for the purpose of this ngreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulationsand/or administrative policies of the oppmprime managing cooperative entity that is making the foods available. S. This agreement shall continua in force and effect until superseded or terminated. Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty (30) days written notice. NOW, THEREFORE, Pursuant To Section 2 Above, It Is Mutually Agreed That: I. The TWSP shall famish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of S 250.00 1 Bi -Monthly for the period: (monthly, annually) June 27 2017 to July 11 , 2017 to bes t purposes outlined herein: par Primarily for the Beaver Damage Management The Cooperamr further agrees to make this payment to the Texas Wildlife Damugo Management Foodpromptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failrm of the Cooperator to male this contribution within thirty (30) days after receipt of this invoice will, at the option of the TWSP, terminate the agreement at the end of the period. IN B777VESS WHEREOF, the duty authorized officeof the parties eretm h vc execu d [lila on the dines apposite their respective xr ^- agree- _ a .� /0 BY By =1. — By stare Drrectw 97AfE OFFICE y/r Vcl. `��.1 'yam fig, BRAZOS COUNTY 16 COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 27, 2017 SUBJECT: Utility Pemut — Wickson Creek Special Utility District Consider and take action on the Wickson Creek Special Utility District utility pertnit to construct a road bore for a 1 inch water line crossing under Edge School House Road 1,965 feet southeast of Short Cut Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7979 Edge School House Road. Site is located in Precinct 2. SUBMITTED BY: ACKN WLEDGED BY: (L,Zj L 2%J Darrell W. Kolwes Sammy C alena Right of Way Agent Commis toner Precinct 2 This request is Vo APPROVED / 0 DENIED by Commissioners' Court Duane Peters, County Judge DATE: 10 I'�� 11] APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY DISTRICT [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE) Bored Sacked Driven Cased EDGE SCHOOL HOUSE ROAD 50' X X Facility o Parallel County Road Within Right-Of-Wav Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter Wall Thickness I Vz" Encasement Pipe Material specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL W. If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the fling of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or ( Vol. __ �-. Pg, expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation: or does not install utilities in compliance with installation: requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of thispolicy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanUCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grow nds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WTCxGnm CRERK SPECIAL UTILITY DISTRICT Company Name _ �a-T �t)RTso� By. � Signature GENERAL MANAGER Title P.O. BOX 4756 Address BRYAN TX. 77805 City State Zip (979) 589-3030 Phone Number watson@wicksoncreek.com Email WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 6- /3— I -7 except as noted below: EXCEPTIONS: )7a (Month/Day/Year) /�Q"Ob--kz 1 1_ Brazos County Engineer 9 1 -C 1; =�-/L PLAN VIEW LINE f i i TYPICAL SECTION SHOW NORTH ARROW COUNTY ROAD�� s��/j1t-� l�' r` 4�• 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDiOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDD OR SECTION ROAD RIGHT -OF -MY LLLL....c�ll CENTER LINE OF COUNTY ROAD , �- ROAD RIGHT-0F41144Y /q V° a PLAN VIEW LINE f i i TYPICAL SECTION SHOW NORTH ARROW COUNTY ROAD�� s��/j1t-� l�' r` 4�• 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDiOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDD OR SECTION BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of 13MPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. _Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plarr 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni_ha ttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or e. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, 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 iCthe 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; g',W c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emeraencr work I. In the event Company is required to perform emergency set -vices, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation ofWilities 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. HlPk Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. _o; -7v � �g,, :9= TCP (2-1 a) WORK SPACE NEAR SHOULDER Conventional Roads I. ROAD p WORK AHEAD $ ROAD V 14 CI120-to ° EHR 4e• 3 ae• ,Jn�, g WORK ENO irmae- V I ! AOAO OOAX cma-1D ANGD ROACTOAK s« roto 11 ad,x <e• x 46• 8 ezoa I isee nap ad 4e• x z4• b Ism mm xld I o LEGEND ranula l-lNa.] edrriaxq, ....'o wWoat«Nnlvrt. adieu. 4t'd waF wcD»w Il:lm a Larylhtllwl `.,IM =1 - o w a 'hilae TQ idyl 9• u�mnpnzl�n c..l<.p - Powy Ncrk YSnl ® iNck MWnteE' - IirWLLvler liµpl (� E[j illi lar 11C<nl^0 rlotliine Nrev 8x'0 A LJ YMmle 01oKMbl9 N°p ye SIOi WMI 35' 70' Sim a irofrla rrm Ql r1w O.p nd9mr ROAD 45' 1 90' 320' 195' SOD' 550' GOO. 50' 100' 400' NORK 550' 605' 660' 55' 110' 500' 295' 60 65 70 75 600' 660'1320' 60' 120' 609' AREAAO 650' 71511790, 65' 130' 700' 410' 70-1 7TO.184Y 10' 140' BOW 475' Laxw10 i- 1 540' If YaeO-tp II 5 e[ I h I ' I mmmllxln0 e4vlwe n' dq tc ¢linea 1/ tla .orx' le a nlmpw, 7.. f ll]eptllc.'Nd -D. I 9 a � I ISp° mtOs 0 B 51— I o' I I hk — $ I s ROAD F WORD AHEAD I �eedaD 4BI• A 4 R�- TCP (2-1 a) WORK SPACE NEAR SHOULDER Conventional Roads I. ROAD p WORK AHEAD $ ROAD V 14 CI120-to ° EHR 4e• 3 ae• ,Jn�, g WORK ENO irmae- V I ! AOAO OOAX cma-1D ANGD ROACTOAK s« roto 11 ad,x <e• x 46• 8 ezoa I isee nap ad 4e• x z4• b Ism mm xld I o LEGEND ranula l-lNa.] edrriaxq, ....'o wWoat«Nnlvrt. adieu. 4t'd waF wcD»w Il:lm a Larylhtllwl `.,IM =1 - o w a 'hilae TQ idyl 9• u�mnpnzl�n c..l<.p - Powy Ncrk YSnl ® iNck MWnteE' - IirWLLvler liµpl (� E[j illi lar 11C<nl^0 rlotliine Nrev 8x'0 A LJ YMmle 01oKMbl9 N°p ye SIOi WMI 35' 70' Sim a irofrla rrm Ql r1w O.p nd9mr « Bpaw R ranula NI w -1. lal Lerglta M!4 Grid 100 714 wWoat«Nnlvrt. adieu. 4t'd waF wcD»w Il:lm a Larylhtllwl `.,IM =1 - o w a 'hilae TQ idyl 9• ]0 B I50' 165' 100' 30' 60' 120' 9D' 35 50 E. 60 205 225 245 35' 70' IW' 120' 25512951 3N'I 4. 1 w 250' 155' 45 50 55 L -NS 450' 495' 540' 45' 1 90' 320' 195' SOD' 550' GOO. 50' 100' 400' 290' 550' 605' 660' 55' 110' 500' 295' 60 65 70 75 600' 660'1320' 60' 120' 609' 3m, 650' 71511790, 65' 130' 700' 410' 70-1 7TO.184Y 10' 140' BOW 475' Mal m'l "O'l 75 1 150' 1 900' 1 540' Ily Mwk velloloa uln "'u, ^ j r xM oylln'dl.mn Wa .VNe ll +'1 DO'^»nllovl flw69 Only acay3F%TR tall IPO bAn fl1NaG prf r A wa'=d I 7 e vc�a6, I I � i L•L.mm m Ta.erirn K-mmin or Drrs4alm s-Rea+.a s..mllsxl y' ., .11 ra.aln In _ loaned fled i I iia ar"alfl.W I _ — Ulvmlllirc. a 11 tinea. 1'- ' 'sB• r GENERAL NOTES ISae meop 4 Y 51 moi'' ' 1. 71. Nt.M� " olpu all pfary. e5 r3NI8f➢. aj 2. Ill "arfid mlrTvl dial II I.Vatal .1 MODRN. O<¢21 !,.:. OCR 1- tr°u<« .1. rM "-I 0 a all ,, W al .nal .101« In Ila = 6 41oe. 2 fV .1. 1.,— -Ill, .nm Wirewd at ft "'Naar. S1xYal]ad cal .1d w dill o eIn.oa 0r b ft,l Rm Det am.el W cx. .Ji I y ya Inde rim llv mx A Ifim011r r0lorlth Ol ana { ° - 150e MIOs 4 r s i tm NialM c dindid, 11Q'.m A . t. 1 101a Ina I1LL -loule N C ImG[n)}Imnwl eo Wfmndt.W tolW o f 1nmrW,e or a� I .ro Pw Or Ca9Wave Int al act 0d ..a.r, not I I Mrm1Q-k 1111. fall IM�I5aWn1..Ila larNinI`. r 11-1 Trad ] Ona lRm v 0w Awnd llq enlw. m/ ea v } r I dOor11u1M fc tro vada, Vaawd cC Till o s. Kdlllavl anode V0I.111 Nm Rua ml a ladifia'ad all tl, owoa al. fo Me. Mon In vdt 10 polar a aider. apsa. A Y. l0l ry al ltr`-I,m elv'- "lin" arg.amea aEn�o n00-.rM l;magMµ,day. M 1.M-atcr. a Ltt1-s 'rAi6LW FAC afca c7 W ueM in Dieu at CRI -lo L I $ a I •RDN 9mx lY&D• .1w re 3aldor w6 m mnmlflami .emwra. END ROAD AOAOWOAX � nORK 3 I � � for 4maracrlmammt<.mm .mlroal larx, a..nlna 02 -2 I AXE9O i� ii.iw.l•ei GitEp3MUS fariiaxlso2. ca fv.nd 4e' x ze• FNO I ROAD eer.IcdOoe. Slvw and irarnc Nandi 119. IS.. rml0 21d 820.10 11 I Q B x 5B• XOAO gOAX 4 naRK I intodd It CN -2 1 Mao s�7Teras Dogrel c4 Trawl i iso. o2w4. zle ® T.>ra Dzra. D'da,'m a z10B- IrI.W. TRAFFIC CONTROL PLAN S°a oa10 11 CONVENTIONAL ROAD SHOULDER WORK TCP (2 -lb) TCP (2-1c) TCP(2-1)-12 WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER 61°" Conventional Roads Conventional Roads ea Y11 1 9i 1-b TYPICAL USAGE SN6i1 SXQ4 iEPY INl(F6➢41f LttIC iOb LABILE DLPAilep Siai I0MIA1 1CPJ 5}AifQYAT SixifO'4Rr I J J J BRAZOS COUNTY I �Q COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 27, 2017 SUBJECT: Utility Permit — Rosewood Resources, Inc. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 1,200 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. SUBMITTED BY: ) (Q�z Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: �2 ammy atalena Commissioner Precinct 2 This request is APPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: l a ) ( I APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Rosewood Resources, Inc. [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across.and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased Old Bundick Road 50' X Facility to Parallel County Road Within Right -Of -Way CONSTRUCTION TYPE 4" Diameter 0.237 WalI Thickness High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification ARO Steel Pipe operating pressure) pressure) Minimum Yield Strength Maximum Operation Pressure 160 psi na 73°F The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 14 working days. (COMPANY MUST FILL M. If such construction is not begun by the 60`s day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as mo weeks after complete application is received Applicant agrees to coin ply with all rules of the County Commissioners and the County Engineer In construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and Incorporated herein for reference. In the event Company fails to obtain a permit prim to the insailtntton or does not install ulililies in caapliance with installation requirements sel forth herein (i.e. depth, location, etc), Campauy asst nnes all flrmncled iesponsiblllry for damages and/or destruction of lines, cables, etc. based upon Its failure to comply a4th Brazos Counly requironenlr. Applicant agrees that if Brazes County demoustrala a violation of the tour of this policy, Applicant stipulates that regidstles for Injunctive ctive relief ecist and that Brazos Comity is entilled to relief enjoiidug any eotdncl by applicant which is contrary to the policies. This permit is a revocable permit. Brazos Com11J, reserves the right to revoke this pewnb at my, lime, in Ore sole discretion ofBraws County, for interests ofin blic herdth, safely or welfare, mfor f flare to repair mry damages Tryon demon, or for any other reason deemed sirffreie it by Brazos Courtly. In the event Company fails to comply spill, any or all of the requirements as set forth herein, the Couny- may take such action as It deems appropriate to compel compliance. The County Enghleer further retains (lie right to revolre this Permit by verbal notificaden, to the ApplicondCompaity. Failure to obtain this permit andlor notify lie Colony Engineer's Office ivitiin 24 hours of beginning construction stall constlitrte groandrfa•fob shirtdouu. By signing below, I certify that I am authorized to represent the Compnny listed below, and that the Company agrees to the condillonsiprovisions included in this permit. Rospwooa `ti �,•c arine. Company Nnme Tim lir, nlQn'F1'S Sntl e taP_ 1`e5, 112H� Title aioi (?,L�hiV Address 11a116,s 7X 70201 City State (zlul Y,49-R3�v zip Phone Number ta,/ilea• ,S (a1 r'OSCI.' a• t om Email PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated b — ( — f except as noted below: (Month/Day/Year) EXCEPTIONS: 9�� 1QJ J.y, .1C„ Brazos County Engineer NOTE: Pipeline crossing under Old Bundick Road must be a minimum of 10' below the bottom of each ditch. Vol. 40 80 120 �==Fm1„1 U 0 EIII ,M,1 �_vm1 SCALE IN FEET SiA:045a 26' m b i INTER CL PAVEMENT I��G�■1 N(Y)-10,325,600.fi0' S E(X)•3,5W.99175' <y NO UT=N30'55'46,63, I3 LONC=W96'1334,236' g LAT -NM.' 46.242' 16' RCP CU LONG -W96' 334.653' 0+00 PROP. PIPELINE- EXST. WELL 18' GMAL ON p D� 10 ,oil 5 W �p,X9X JP�E25 5D R 0 VJ FENCE STA 0-"' EDGE OF PAVEMENT EXIST. 16" R CL OLD BUNDICK RD. \ (COUNTY ROAD) 53'i FENCE TO FENCE, (22' (EIRE ASPHALT PVMi ROW. FENCE (BAR3D 'MRE) 270 STA: 0+00 269 BEGIN BORE --� 268]' 266 267 266 TOPOF 255 PIPE=2636 --- 264 264 263 262 Old Sundick RD PROFILE srtim =0+0000-0+65M Iml m1 �==Fm1„1 EIII ,M,1 �_vm1 I��G�■1 M1yy1G"j64 R O.W FENCE OE pP 1 O 1-22 3 a1 F� y9T LONG•w969UT•u]0'S5'OJ IT w3� HORIZ. SCALE: 1"-40' VERT. SCALE: 1•-4' ,W z LL U6 2 rcW 2H K V_I 270 269 STA'C-65 `END SORE 26867' 268 \_ STA 0,7025 266 FL=2676' 255 264 263 262 0.25 0+50 0+750.85 REw5E0.05-31-17 MODIFIED PIPE TYPE REVISED.'O6—IJ— 77 LABELED PIPE FYPE NOTES: 1. BEARINGS AND COORDINATES SHOWN HEREON ARE GRID, BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (NAD -83 DATUM), CENTRAL ZONE. DISTANCES ARE ADJUSTED TO SURFACE. 2. PIPELINE SYSTEM—LOW PRESSURE NATURAL GAS PIPELINE- 4" (10) -STEEL PIPE (.237" WALL THICKNESS) WITH ARO COATING. ANTICIPATED PIPELINE SYSTEM PRESSURE -BELOW 99 PSI, 3. THIS PLAT REFLECT EXISTING CONDITIONS LOCATED ON 05-03-17.VER7ICAL DATUM-NAVD88 OBTAINED FROM GPS OBSERVATIONS. 4. PROJECT: MALDONADO PIPELINE -CROSSING I ROSEWOOD RESOURCES, INC. SURVEYED: APRIL, 2012. 000 pOOu'�G90 VICINITY MAP G4`%C4. 40�V4 NOi i0 SC0.E q0 cEr Rono 90 PROPOSED BORE SITE RLR PROPOSED PIPELINE CROSSING OLD BUNDICK ROAD ROSEWOOD RESOURCES, INC THOMAS JAMES SURVEY, A-25 + A. A. MILLICAN SURVEY, A-164 9n BRAZOS COUNTY, TEXAS SCALE: I"=40' MAY, 2017 CIVIL ENGINEERING CONSULTANTS C_ZC 1101 9. TEXAS AV. STE A BRYAN, TX 77603 - (9191046-6212 TEXASF'NM REGISTRATION NUMBERS ENG. F.2214 6 SURVEYING 100410-00 Vc)j, o2S pg` a� L___ BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of 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 Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni hg ttime traffic control measures pursuant to the TMUTCD; 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 thejob. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer, 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1.) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity, d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber fire 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. Emereenev 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. shall notify County Engineer within 24 hours of beginning cottstruction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required 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. LV__)_1 } g'bT TCP (2-)a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-tb) WORK SPACE ON SHOULDER Ccnventionat Roads Gad -z Oed hole 21e LEGEND ®_ __ 1_90.0 ] BorrlwU, v • d_p__npl ,SIM Oerlrna IIowJ-w.x van(clo ® nla�:ut: ttwl irallm m,"1ve rleenlaa ee'[. 6ma �µ uedaan"sIQ� lv�opll SIU' Trvfila iln q Fla, � p -V IFI.door IS. Navoxl lk COTimtf.l A. 0119 ul waWd,,d Nd,I_ lOB[LE 56'W:a IL rmNa do14.a %WINa "I LmTM Mary KK d Potl[ai (n e T a loffeat Ofea Topixoddest I. YI'd, T1n I9:K- ol.ra. suc¢a.vU LeglMl•al d fl,- owe ]0 S 150' 165' 100' 30• W' 120' 90' 35 90 L. 13' - W 205' 225' 295' 35 la' I60' 120' 265' 295' 320' 90' BO' 250' 155' 95 L itl vel;..' lartxo III'AhatOl vv NETIERD. atoW'hese asp' 995 50' as' 90' 32o' 195' 50 J. JSGetpllee 101=1 Pladld N alald v N01on of M fmt fla[ 70 M7 WO' S0' 100' 9C0' 290' 55 6p L -r5 550' 605. 66U' S5' 110' 500' 295' 60]' 6W' x20' 60' 12p' 600' 350' 65 650' 115' x00' 65' i30' xN' a10' xp xpo' n0• e9o' 1p• l9p• epp' a>s' xs C Y xsp• ers• spr xr 1sp• gap• s<D' IS. Navoxl lk COTimtf.l A. 0119 1 %!F S®v W i,. staos . NOW off. lOB[LE L -La afp of 1aoserinl Y•910to of OfIll lfTl '-Post va SXWIPM StAtIOryAix GENERAL NOTES ' I 1. f14, ofpod R alga Mwv rMa4 ev 16 lI L itl vel;..' lartxo III'AhatOl vv NETIERD. atoW'hese - Rm1ea'rltn fle blmel[.,R) ey W Wflea . stated In vo - s( PIne. v fe, rwflad dernlsuee—k sd, cNwN CY 1 d f lrcer. J. JSGetpllee 101=1 Pladld N alald v N01on of M fmt fla[ —11, 1Mvl. vf. 9. s�6n Ya'11v1[ ..1W va alw IlttmeltY IOOIq fla3llm. Wl l loll, n• efrNd I It R 4uNr YMle le Yltn o 11U (f,d,dm i una uplix It m ee MI. 1. ]0 so I. reel In N.atle Of the . of R. W[N' . slrlwl od'ided" ar lIN iM sorker,M "RLa, oadill . INDouro It ifvlfl[Qmtral 1.W.�d a hR We er p eCy trod, load i10a J emltt4e w olller cYmellzliy Mrl[m mJ Os M[tiMw OR ft Sh6+/ Y.E.I. IN 11W S LNlliovil SM1AT YNiolee YIM . Dry to willm.M off IN doed vfms. put to ih:o aide Ia vtt' to ".xt o -l2r . epos. Ye TV(S-II for EVIIM nfk m dlrlre] Illpbyy ."WM. ars, C Y hoo.oye. Palle Oe grftod roV 1M 1, Ifsellro qR rlla[Ive ed dYtt [ad " 1.0t n1-1 .Yv)M wJ rNN d o'. 1M filed Ywltw. LRtl.s 'sNW Yal,a dlw ry] 6e eoR In amu at lo enal ro 'iN0 f04t ANFAD' 01p0 rc dwler t m mmmltlwl rio-4e9e. ivy 9m[tullm at dadi —,,l r-rR, sW[Ifl[ prole[, rewirmonee fs, NeCn teholeo Ga be fwSN ROAD THINK IC TCP (2 -to) WORK VEHICLES ON SHOULDER Conventional Roads TYPICAL USAGE TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK 7CP(2-1) SYTt 9R•'ai ifd IxIF➢YF041L Ed2 IIHI lOB[LE OYF9i[M 5E1iiMAPi 1GPY J1EtI0YI11Y StAtIOryAix 'T p Xrlptfun -12 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 27, 2017 SUBJECT: Utility Permit — Rosewood Resources, Inc. Consider and take action on the Rosewood Resources, Inc. utility permit to construct a road bore for a 4 inch steel pipeline crossing under Old Bundick Road 5,215 feet northwest of Old Bundick Crossing. Pipeline will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 2. SUBMITTED BY: (Q4' J, Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: y Cat ena Commiss nee Precinct 2 This request is VAFPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: ' 121 )1n Vol. 11 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Rosewood Resources Inc. [company name], hereinafter referred to as "Company" a Texas [state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing (CHECK ONE Bored Jacked Driven Cased Old Bundick Road 50' X Faciliry to Parallel County Road Within Right -Of --Way CONSTRUCTION TYPE 4" Diameter 0.237 Wall Thickness �E( High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification ARO Steel Pirie operating pressure) pressure) Minimum Yield Strength Maximum Operation Pressure 160 psi a 73°F The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.' Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after consplete application is received Applicant agrees to comply with all rules of the County Commissioners and the County Engincer in construction of said instillation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. Br the event Conrpauy falls to obtabr a permit prior to the inslydlafiorr at, does vot install utiffifes to compliance with installation requirements sel forilr herein (he, depth, location, etc), Company nsseores all flanncial respansibithy for daarages mWor destnrction of fines, cables, etc. based upon lisfnilure 1a comply with Brazos County requirements. Applicant agrees that I(Brazos County demonstrales a violation of fire tenus of this policy, Applicant stipulates that requisites for lnjunciive relief evisd and that Brazos County is entilled to relief eo)olldig any conduct by applicant rvfdclr Is contrary to fire policies. Tills persilt is a revocable permit Brazos County reserves tire right to revoke this permit at any time, to (lie sole diserolion of Brazos County, for interests ofprrhlic health, safety ar welfare, or for failure to repair rary damages upon Heston$ orfor any other reason decoyed sufficient by Brazos County. In fire event Colupauy fails to comply ivith any or all of the requirentems as set forth herein, the Corney may take such action as It deems appropilate m coulpel caurpliairce. The Counly Baglueer firribur retains the right to revolve this Permit by verbal yiotifrcatlon to the Applicam/Campmry. Failure to obtnhr this pernilt mnlior notyy tire County Engineer's Office ivithhr 24 hours of beginning construction shall conrtihite groinrds fm•Job sliittdmvn. By signing below, I certify that lam authorized to represent the Company listed below, and that the Company agrees to the conditionstprovisions included in this permit. Ro SPW oq R¢S IXA C<Si I C Companyp Namc Tim l,nl4n'�fs signatnm Wfl PCs, r\2ni- Title L, eetch 5� as�S+e .Soo Ad ess I_r5 TX 1520 City Swte Zip ('zlul Y,4q — 4320 Phone Number i duolw Ors (a rosc0a-_Cor,^ Email PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated (� — I —1-7 except as noted below: (Month/Day/Year) EXCEPTIONS: 0ti ,.Brazos County Engineer NOTE: Pipeline crossing under Old Bundick Road must be a minimum of 10' below the bottom of each ditch. VOL7 PJ -'-2_�Zy I1n lllllx O.NlWe Fl Tft—I A 15`A.-lon Jackie NoltidG WVMC'.IiWAIOONA00(FORMERLY 09RIEN) JNITMALOdIAGO PLOW Bunlick RD,F19. 1.2. Tl p 40 80 120 1 HORIZ. SCALE: 1"e40' SCALE IN FEET I VERT, SCALE: 1'e4' NAD 83 LEE WEATHEaFoaD, Erux GRID NORTH CALLED 32 41)2 AC 0T49'Ot ftG W.FENCE (OU'RLD OI RO. (COUNTY ROAD) 4JY FE SP_L FENCE —� NP..EASP.LTI—O c STA 0,5990 OM SUED LwE� STA: 0+1333 RO.W. FENCE R.O.W. FENCE PROPERTY LINE RANSOM FAMLY LTD FTNR PROPOSES 0+00 0+20 0+40 0+60 0+80 CALLED220AC PIPELINE 14F 29 BEGIN BORE STA: 0+80.00 STA: O+CON(Y)=10,328,34023' N(Y)=10,328,282.83' �} I E(X)=3,581,03992' E(X)=3,580,984.20' I LAT=N30' 56' 14.808" LAT=N30° 56' 14.261" LONG=W96° 14'06.971' THOMASJAMES LONG -W96° 14'07.635' a GURVEv,A 25 I STA, 0 INTER CL PACL PA £ INTER v N(V)=10,328,311.26' z El E(X)=3,581 011.80' EXISTING m I O LAT -N30- 56'14.532' ROAD `ma LONG=W96'14'0].3C LEE CALLS 3222 ,EN% I III URVEY,HAM CALLED 32 C2 I SURVEY,A-152 874.'01 STA: 0+2935 Alignment - Bore PROFILE STA: 0+50.11 ECP=281.9 SOL. -0+0000-0+9000 EOP=282.9 203 233 202 282 201 291 T{4^� 280 L oao "m m m2]9m IIIwo OOm •�lONC}( LI 1w'Ie+Z�T'1l lI mIIII J "^• 9 qr 270 O TIf' 2]] l 276 TOP OF PIPE=2757 276 0 275 a"(ID)STcEL PIPE (02C 275 4� 'p �PyS 274 HATH ARO COATINGATING 274 �p 273 273 PROPOSED REVISED..06-IJ- 17 LABELED PIPE TYPE NOTES: 1. BEARINGS AND COORDINATES SHOWN HEREON ARE GRID, BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (NAD -83 DATUM), CENTRAL ZONE. DISTANCES ARE ADJUSTED TO SURFACE, 2. PIPELINE SYSTEM -LOW PRESSURE NATURAL GAS PIPELINE - 4" (10) STEEL PIPE (.237" WALL THICKNESS) WITH ARO COATING. ANTICIPATED PIPELINE SYSTEM PRESSURE -BELOW 99 PSI. 3. THIS PLAT REFLECT EXISTING CONDITIONS LOCATED ON 06-02-17.VERTICAL DATUM=NAVD88 OBTAINED FROM GPS OBSERVATIONS, 4. PROJECT: MALDONADO PIPELINE -CROSSING 2 ROSEWOOD RESOURCES, INC. l SURVEYED: JUNE, 2017. .. S.M: o- .I G �� \/GC,.. .KKUNUNG VICINITY MAP NOT TO SCALE CEY ROAD CLO PROPOSED - PIPELINE CROSSING OLD BUNDICK ROAD ROSEWOOD RESOURCES, INC THOMAS JAMES SURVEY, A-25 M. LANGHAM SURVEY, A-152 BRAZOS COUNTY, TEXAS SCALE: 1"=40° JUNE, 2017 CIVIL ENGINEERING CONSULTANTS 41015, TEXAS AV. STE A BRYAN, TX 7"02 '— (070)848-8212 v TEXAS FIR In REGISTRATION NUMBERS ENG. F-2214 8 SURVEYING 100410-0O ��AI 1��� 1 t)♦ ,-2—e/ 1 q' z C - � N l T. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED PI BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of 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, constricted, 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. rrafrc Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni hg ttime traffic control measures pursuant to the TMUTCD; Vul. 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 thejob site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power -0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar . manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (l) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10, Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMIITCD 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. Emerjzenco 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 J� -�SV thfj��C �Z 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 exisfinp facilities L Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hieh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Soecial 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._ P9._v 7 ps $ 014 $ � I � ROAD WORK AHEAD I I ISm mto: 4 L TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads ID TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads I END RKuflKRR I I I I I I 0 c� ❑ i Ibe <atc> v 1 I'fa I I a .- I 150' 1 $ I I nttwwv't,'TtliNal 17 I hk I I — $ $ � l,y� WORK { WORK Fl.., ANFAfi I <P!0 -f0 EB'M4 see I roe TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads ID TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads I END RKuflKRR I I I I I I 0 c� ❑ i Ibe <atc> v 1 51 I I a .- 0 150' 1 $ I I nttwwv't,'TtliNal 17 A -60' RDS' 1R5' 2<5' pY1<E I> mmKeC51e IPbgl EIID ADAO flDAF </M� � l,y� q 42a -z 5P x 2p• Fl.., 320' 195' ISoo nate 2)A I S]' 100' LEGEND ®_ rypa.3 S Nr --_ a .- cnmwllzl,c oapc>s 150' 1 Ibory XyG Vp11Cl QS) nttwwv't,'TtliNal 35 4p Tral l<r kpn}aE i1E 11rq r✓rav 904a F-11 -60' RDS' 1R5' 2<5' pY1<E I> mmKeC51e IPbgl t SIT </M� r1.11c Flav Trvrilc flw q F1, 11�y Lo Fl.., c!M N> a S,lolon L a1eE NalvrA A,51� , •Mlaa IIO.M ax�M �JMlml KR w 6io netIz icer *tet ^"°° ro• 01120' ]p p 150' 1 ]0' 60' 90' 35 4p P 60 -60' RDS' 1R5' 2<5' 35' T0' IEP 120' 265' 255' ]20' 10' EL' 240' 155' 45 I 450' 495' 540' a5' 90' 320' 195' 50 50 , 550' fi00' S]' 100' 900' 290' 550' 605' 66P SS; a- MS' 55 6a L -OS 600' 660' ]20' 6]' ITO' 6CO' 350' 60' TS' i8o' 65' I]0' l00' E' LIO' 65 e..4na MfroImpar. p1pv, p rx rPXlrc mO, a'O I f rii. 90 100' Tr0. 6>0' SRI; J9' l40' <2v 150' t5' Iz0' Soo' 590' ]5 TYPICAL USAGE I:k aMlEla pe Xo10 1) )f CMepmlrol R V.t p11Y SYlAi 1[AJ iffEEp4rE tG.i. rWl Sr1r10k10.1 1[IN SIAIINUPY SrlT1IXUPt iHF M1nc Ocar L-LrOMm Of YplFa w-NOm M V>trtl 5•PvsteG SpvvEIWNI a I 4' �I GENERAL NDiES � 1. Slaps vlfvtivl fo elOu efarE 4m• w FVNIA©. yl -I AENIafD, va MRA L AI I frClic rmlrvl Eorlmp II IwOOf 6rmN' 1N Mlmple eyNel my Lv Ia In tb I' ew - pl e..4na MfroImpar. p1pv, p rx rPXlrc mO, a'O I f rii. . dAw Ol mit J. sfptkpllol mlpllol Aiala W olasa> nlnioc ar J> ItM rrm m1 hovl W w). 1. WAn YHale tlM lw AIT I flogLq, VO1,ralatlN, cwlll 00 A S VAlola v115 a IJu 0v of >. INI i I . I feet I,, of 1 Jt W10a pa111TM 54 fE 1 v IN IN r..1 : y IN ,r My o ON mp pw 4r E.a+ ow10' INmX . IN WNIM trot ' ei'maitiu r� t. mein pl¢a. type 3 aml>M> a olmr lvfelliIN mrrow acr Ce ¢4a111IW` tEr iM YNlale mO lYl i AMNimel 9e0ae YMlelos rim Na, On, et aNma,c off IN cavE —I—, vas, io How . In -. to protests .lt r 5 Ta.5-I1 fw ~Nr rpt an EIr1Ee> Aly,, cexeanoya ON H nt �p I. NRi W »k rvlllON M o11Fr MJIINAt o'W p> �WkpQ My IN Nfl. Ily f-vl-rq lim vAM NM'JM 1N CTrONm.1 a o 5. Rtl-5'SAYALG Aa >'Or r0 W ><M In plar<v! Mtl-10 -AON M mOaD a1w ip abulCa qrt M mMmRlaMl ranorv. X • ra <on>tmEf lm or onlM - c fr4o1 wrk. EOr.I/Ic p-Eloc1 INV T " lx c i. v llalao cm M rIXM Ip IN W.!..t 6FMA MOTES IEr it. 502. OAD ?WORK avrclwme. 51Te c0 TIOM. HaxilIM. READ Texas OSMrtm,Y of Transpxfal7an nerA w.maa merry 2a -'O TRAFFIC CONTROL PLAN NO, 'NfO1) CONVENTIONAL ROAD SHOULDER WORK TYPICAL USAGE BILE 5408 WNLION SYlAi 1[AJ iffEEp4rE tG.i. rWl Sr1r10k10.1 1[IN SIAIINUPY SrlT1IXUPt TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER Conventional Roads er' r12 oT 6N 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2016-2017 BUDGET YEAR NO. 16/17 39.1— 39.5 On this the 27th day of June 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalma, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of June 2017 the Court heard and approved abudget 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 27th day of June 2017. THE CONMESSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 39.1 6/2712017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION I Increase Decrease General Fund Commissions' Court Non -Departmental Minor Ac uisitions 27939.00 General Fund Emergetcy EmergencyManagement Minor Acquisitions 11.821.00 General Fund ACCT Othcr Financing Sources 16.118.OD ancml Pennanen[ Ira rov. Fund 0100 Other Financing Sources 16 118.00 General Permanent Ira mv. Fund General Permanent Improv. Fund capital Projects Capital Outlay 16,118.00 35500100 67203000 DR Minor Computer Hardware 11821.00 0100 91110000 DR Transfer to Capital Inner. Fund 16,118.00 4500 49028000 CR Transfer From General Fund Commisston ency Management and General Permanent Improvement Fund 63000500 Reallocation of funds to the sppropnate accounts to upgrade the Emergency Notification System for Emergency Management. Computer - Software lOeQSrtme'� oval^:'t :-.:.Dated„-_ r- E T rC�o -p Aproval ;:#1. Fe['L1fCe11TfItigPUF OSCS.DOIVsn..o .n. �}N nd�2e5i',.Fj.;�,¢..,,r}?tI'' Lo `M�Sa.f 1J+p._3�L.a`�...ksmi ax ✓'. �P4'�w�i't'}: s�'�ne � %'.i. L. '.,i r4K rai-5. FUND DIV ACCT ORICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardware 27939.00 0100 35500100 67203000 DR Minor Computer Hardware 11821.00 0100 91110000 DR Transfer to Capital Inner. Fund 16,118.00 4500 49028000 CR Transfer From General Fund 16,118.00 450D 63000500 80281000 DR Computer - Software 16118.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 . 39.2 6127/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent General Permanent Improv. FUND DIV ACCT Ira my Fund Fund Capital Projects Capital Othy Increase Decrease 553.95 General 80890000 CR Vehicles Permanent 4500 91300000 Ira rov Fund Other Financin Sources 553.95 553.95 General Fund Other Financin Sourccs CR 553.95 General Fund Road & Bridge Admin Minor Acquisitions 56001000 553.95 DR Vehicle Equipment 553.95 General Permanent Improvement Fund and Road & Bridoe Reallocafion of funds to the Appropriate accounts to purchase a radio for the fi yard dump tusk r v, Ynr �f^, V i r` '�"ht SDate3 *u 6/21120{7 '..�i...f.......S:.wi__ �_7 �... ..._ FUND DIV ACCT DRICR I ACCOUNT NAME Increase Decrease 4500 6300D500 80890000 CR Vehicles 553.95 4500 91300000 DR Transfer to General Fund 553.95 0100 49015000 CR Tmnsfer from Ca M Fund 553.95 0100 56001000 67890000 DR Vehicle Equipment 553.95 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 16/17 - 39.3 6/27/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Co.A 'cultare Extension De amnenud Support 204.00 General Fund Co. Ag ,lture Extension Minor Ac uisitions 204.00 County Agriculture Extension Reallocation of funds to the appropdate accounts to pumbase 8 collapsible chairs. �N IDepartme' Ll Y-ttR T ,e nE.e. tv. i eat .b. (Con udge`Approval ;"r% , + `Date;] F0P;Accountin"gPur i3C9On1 z3,Y `•,: .'. ,, r,l'z u, 3.u( _W Yr_'; FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 37000100 60600000 CR Office Supplies 104.00 0100 37000100 67342000 DR Fuminue - 204.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 39.4 6/27/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Coun Continge=y coutinge.tv 5,000.00 General Fund Justice of the Peace, Pct. 03 De anmental Su on 2,500.00 General Fund Constable Pct. H3 Departmental Support 2,500.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase I Decrease 0100 11001500 61130000 CR Contin enc 5.000.00 Commissioners' Court, Justice of the Peace Pct. 43, and Constable Pct. N3 61880000 Reallocation of funds to the appropriate accounts for the increase in utilities for FY 17 at the 1P H3/Constable Pct. 93 building ..6/21/2017. � to EfRrtmentApp t":Date Coun ud9e Approval;„>._ For Accouritin Bur oses.Ori1 r o'Y� ”' c t. `' "v� FUND DIV ACCT DR/CR ACCOUNT NAME Increase I Decrease 0100 11001500 61130000 CR Contin enc 5.000.00 0100 24301100 61880000 DR Utilities 2,500.00 0100 30301100 61980000 DR Utilities 2,500.00 pg .. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117.39.5 612712017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Ira row Fund General Permanent Improv. Fund Capital Projects Capital Outlay 28,185.79 General Permanent Ira row Fund FUND DIV Ocher Financing Sources 28185.79 General Fund Increase Decrease 4500 Other Financing Sources 28 185.79 General Fund Infarmatlon Tcchnolog I.T. Services Departmental Support 7,375.32 General Fund Information Technology I.T. Services Minor Acquisitions 17090.47 General Fund Infa mmion Tcchnolouw I.T. Services Professional Services 3,720.00 0100 14000200 60500000 DR Equipment & IT Enhancement 7285.32 0100 14000200 61680000 DR Training 90.00 0100 14000200 67203000 General Permanent Improvement Fund and I.T. Services Minor Com uter Hardware 9479.97 Reallocation of funds to (be appropriate accounts to computers, scanners software for 85th District Court and Juvenile Court for the Pa crless Courtroom Project. DepaitenY revel >r�rDate "`1U G rm�I-n +Ce ounty.Uudge'gpprova�'0LL;;Date <_'s_.: t FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 4500 63000500 80213500 CR Software - Judicial 28185.79 4500 91300000 DR Transfer to General Fund 28,185.79 0100 49015000 CR Transfer from Capital Fund 28 185.79 0100 14000200 60500000 DR Equipment & IT Enhancement 7285.32 0100 14000200 61680000 DR Training 90.00 0100 14000200 67203000 DR Minor Com uter Hardware 9479.97 0100 14000200 67281000 DR E uioment-Elcmonic 7,610.50 0100 14000200 72590000 DR Professional Fees - Other 3720.00 t PERSONNEL O CHANGE OF STATUS REQUESTS Commissioner Court Date: June 27, 2017 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Bradford, Michael Employment Exposition Complex Pivonka, Clifford Separation Fleet Services Martinez, Gonzalo Change of Status Juvenile Services — Detention Hickey, Deon Employment Juvenile Services — State Aid Portnoy, Brittney Separation Tax Office Lucio, Georgina Change of Status Luna, Raquel Change of Status Smith, Shelley Change of Status Williams, Jakeith Employment Sheriffs Office — Detention Brown, Christopher Change of Status Santana, Guadalupe Change of Status Sheriff's Office — CSISD Acosta, Jaime Change of Status Patranella, Frank Change of Status Williams, Keith Change of Status Approved in Commissioners' Court: June2zmis County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)