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HomeMy WebLinkAbout2018-07-31 10:00 AM REGULAR MEETINGi BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA , BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 31, 2018 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-18: 3. Resolution Honoring Thomas Lee Coleman for his service to Brazos County. 4. Proclamation 18-035 declaring August 21 st as National Senior Citizen Day. 5. Payment authorization to PetroChoice Holdings Inc., in the amount of $446.05 for delivery of lubricants. Purchase order was obtained in advance and an additional invoice was not included during original payment. 6. Medstatix subscription agreement between Medstatix and Brazos County. 7. Change order to contract #18-091 McAllester Lane to extend the contract time by 31 calendar days. 8. Award and approval of contract for RFP 18-141 Rehabilitation of Goodson Bend. Recommended award is to Knife River. 9. Permission to advertise bid # 18-143 Creek Bank Stabilization on Leonard Road. 10. Request approval for the Interlocal Cooperation Contract by and between Brazos County and Texas A&M Agril-ife Extension Service who organizes an annual State 4-H Horse Show Competition for the years 2019 through 2023. 1 n support of the Event and to encourage its growth and longevity in Brazos County, County will provide support for the Event through an annual monetary contribution of Fifty thousand dollars annually Pg. through the Hotel Occupancy Tax Funds for five consecutive years as support for the event. 11. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 10 inch water line crossing under Ranchero Road 2,120 feet southwest of Linda Lane. Site is located in Precinct 2. 12. Consider and take action on the Magellan Pipeline Company utility permits to construct road bores for a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw Tap Road, Old Reliance Road, Elmo Weedon Road and Hardy Weedon Road. All crossings will be 10 feet below the bottom of the ditch. Sites are located in Precinct 2. 13. Approval of the Final Plat of Autumn Ridge Subdivision; 9.29 Acre Tract; Zeno Phillips Survey, A-45; Bryan and Brazos County, Texas. Subdivision is located in Bryan City Limits; however, the detention pond is (outside city limits) in Brazos County. Site is located in Precinct 4. 14. Expenditure Journal Entries FY 17/18 • 070076-070077 15. Tax Refund Applications for the following: • a. Janice M. & Jeremy Quast - Overpayment $228.96 • b. Marilyn Barber - Overpayment $62.41 • c. Caterpillar Financial Corp. % Tax Department - Overpayment $2,000.00 • d. Stallion Funding - Payment in Error $4,320.04 • e. Julia Ann McAdams - Overpayment $67.24 • f. 318 Bryan Capital LP % Roserock- Overpayment $1,382.67 • g. Dennis Dillon Construction - Overpayment $645.35 • h. Ashley M Garratt - Overpayment $451.08 • i. MPower Fitness - Overpayment $131.28 • j. Tommy & Tanya Tharp - Overpayment $257.52 • k. Fred E. & Judith A. Smeins - Overpayment $24.80 16. Budget Amendments. Budget Amendments FY 17/18 43.1 -43.4 17. Personnel Change of Status. Personnel Action Forms 18. Payment of Claims. 19. Acknowledgement of Monthly Reports Submitted in June 2018. 20. Acknowledgement of the Investment Report for Q/E 6/30/18 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Call for Citizen input and/or concerns 24. Adjourn. vol. %� Pg. 3 - PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items andlor attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, wth 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 oath 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 public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite epsting policy m response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision wAll 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, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. E . �_ P9• ,�3 r MINUTES JULY 31, 2018 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, July 31, 2018 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. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-18: 3. Resolution Honoring Thomas Lee Coleman for his service to Brazos County. The Court voted unanimously to adopt Resolution 18-009 recognizing, commending and Vol. pg thanking Thomas Coleman on behalf of the citizens of Brazos County for twenty one (21) years of distinguished service. Commissioner Berry read aloud the resolution and presented it to Deputy Coleman. Constable I ngram wished Deputy Coleman the best in his retirement and said he was blessed to have him when he was elected to the office of Constable, Precinct 3. Judge Peters also thanked Deputy Coleman for his excellent service to Brazos County. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Proclamation 18-035 declaring August 21 st as National Senior Citizen Day. The Court approved a Proclamation designating August 21, 2018 as National Senior Citizen Day. The Court joins with the Mayors of the Cities of Bryan and College Station to urge all citizens to honor older adults in our community. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Payment authorization to PetroChoice Holdings Inc., in the amount of $446.05 for delivery of lubricants. Purchase order was obtained in advance and an additional invoice was not included during original payment. This payment authorization was requested by the Fleet Services Department. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Medstatix subscription agreement between Medstatix and Brazos County. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Change order to contract #18-091 McAllester Lane to extend the contract time by 31 calendar days. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Award and approval of contract for RFP 18-141 Rehabilitation of Goodson Bend. Recommended award is to Knife River. The Court voted unanimously to accept the recommendation of the Purchasing Agent vd.p Pg. X33 I and awarded RFP 18-141 Rehabilitation of Goodson Bend to Knife River Corporation. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Permission to advertise bid # 18-143 Creek Bank Stabilization on Leonard Road. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Request approval for the Interlocal Cooperation Contract by and between Brazos County and Texas A&M Agril-ife Extension Service who organizes an annual State 4-H Horse Show Competition for the years 2019 through 2023. In support of the Event and to encourage its growth and longevity in Brazos County, County will provide support for the Event through an annual monetary contribution of Fifty thousand dollars annually through the Hotel Occupancy Tax Funds for five consecutive years as support for the event. Exposition Complex General Manager Carl Kolbe stated that they have been working on the agreement for the last five months. He said that they tried to book the horse show in 2014 but the Expo did not have the facility space that was needed. With the new expansion they are now able to accommodate them. Mr. Kolbe said the event has been in Abilene for the last thirty years and is excited that the Expo will host it for the next five years. He thanked Judge Peters and the Court for their help in getting the event here. Judge Peters said that last year the event had a $900,000.00 economic impact to Abilene. Mr. Kolbe added that they had 1400 to 1500 room nights booked at Abilene hotels and believes Brazos County could have closer to 2000 rooms booked. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 10 inch water line crossing under Ranchero Road 2,120 feet southwest of Linda Lane. 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. 12. Consider and take action on the Magellan Pipeline Company utility permits to construct road bores for a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw Tap Road, Old Reliance Road, Elmo Weedon Road and Hardy Weedon Road. All crossings will be 10 feet below the bottom of the ditch. Sites are located in Precinct 2. Vol._ Pg. --�_ Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Approval of the Final Plat of Autumn Ridge Subdivision; 9.29 Acre Tract; Zeno Phillips Survey, A45; Bryan and Brazos County, Texas. Subdivision is located in Bryan City Limits; however, the detention pond is (outside city limits) in Brazos County. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Expenditure Journal Entries FY 17/18 • 070076-070077 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Tax Refund Applications for the following: • a. Janice M. & Jeremy Quast - Overpayment $228.96 • b. Marilyn Barber- Overpayment $62.41 • c. Caterpillar Financial Corp. % Tax Department - Overpayment $2,000.00 • d. Stallion Funding - Payment in Error $4,320.04 • e. Julia Ann McAdams - Overpayment $67.24 • f. 318 Bryan Capital LP % Roserock - Overpayment $1,382.67 • g. Dennis Dillon Construction - Overpayment $645.35 • h. Ashley M Garratt - Overpayment $451.08 • i. MPower Fitness - Overpayment $131.28 • j. Tommy & Tanya Tharp - Overpayment $257.52 • k. Fred E. & Judith A. Smeins - Overpayment $24.80 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Budget Amendments. Budget Amendments FY 17/18 43.1 -43.4 43.1 Reallocate funds for County Clerk. 43.2 Transfer funds from Contingency Fund to Sheriff's Office. 43.3 Reallocate funds for Information Technology. 43.4 To recognize revenue from Texas Association of Counties for Capital Projects Fund. I ---- VOL — - VOL l Pg. i✓��I Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. 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. 18. Payment of Claims. Claims 8006161 — 8006387 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Acknowledgement of Monthly Reports Submitted in June 2018. The Court acknowledged receipt of the Extension Service reports submitted in June 2018 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Veterans Services 20. Acknowledgement of the Investment Report for Q/E 6/30/18 The Court acknowledged receipt of and ordered filed as submitted the Treasurer's Quarterly Investment Report ending June 30, 2018. A copy is attached and made a part of these minutes. 21. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 706 inmates in jail, 585 inmates are male and 121 are female, 39 have electronic monitors and 20 are pending for monitors. 22. Announcement of interest items and possible future agenda topics. Vol. P9. �3� Judge Peters announced that the Blood Drive will be on Wednesday, August 8, 2018 at 10:00 a.m to 2:30 p.m. in the Administration Building. Judge Peters also announced that the FY 2019 Budget Presentation will be held on Thursday, August 2, 2018 at 3:00 p.m. in the Commissioners Courtroom. 23. Call for Citizen input and/or concerns There was no citizen's input. 24. Adjourn. The foregoing minutes of the Commissioners Court meeting held July 31, 2018 have been examined and are approved in open Court this 7°i day of August 2018, in Bryan, Brazos County, Texas. Dueters County Judge Steve Aldrich Commissioner, Precinct 1 Sammy Catal a Nancy Ber Commissi er, Precinct 2 Commissioner, Precinct 3 Irma Cauley %� � Commissioner, Precinct 4 Attest: Karen McQueen County Clerk P2 1 or 3 BRAZOS COUNTY COMMISSIONER'S COURT I s�DAY OF , 20 /g v : o AM/PM, Name (PLEASE PRINT) - Tll� ccs CLQ J�, bvLcl l C- kA Organization (PLEASE PRINT) b Irn I�-eTo Y V�ac�l 00-0 id ze,v-- G�+VAp, >> 1 6 i Vol. %� pg o23� PLZ, of 3 BRAZOS COUNTY COMMISSIONER'S COURT 3/—DAY OF j,4 , 20jd' `O© Name (PLEASE PRINT) �ra Y r.`ara l ✓ 0h eY; Organization (PLEASE PRINT) 6esShe, E2�1. A I (Ag c4ASt tir k- �ov1�- IZr:� V0, = P9. Y�3o�-3 BRAZOS COUNTY COIVMSSIONER'S COURT INTame (PLEASE PR2I T) D,� VIV.1( iw�1 Organization (PLEASE PRLNT vol. ,� 7 4 Pg. 11411 Resolution Honoring Thomas Lee Coleman IVIIEREAS, Thomas Coleman has served the citizens of Brazos County with dignity and respect for twenty nine years; and WHEREAS, Thomas Coleman has served as both Deputy Constable and as Chief Deputy Constable of Brazos County Constable's Office in Precincts 7, 6, and most recently 3, for twenty-one years. He has served every type of civil process that the Constable's office is responsible for, has captured several felons (including a set of bank robbers most recently) and has served as a mentor to most Texas Constables and their staff. It must be recognized that Thomas Coleman has worked under the supervision of four different Constables; this is a testament to his character, and outstanding work ethic. NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Brazos County Deputy Constable Thomas Coleman and thank him for his years of service to Brazos County and its citizens, and to wish him the very best in his retirement. DULY adopted by vote of the Commissioners Court of Brazos County, Texas on the day of ��U1 2018 Commissioner Steve Aldrich Precinct 1 CommissionFr Nancy Berry Precinct Duane Peter - County Judo, 18-009 3 •� i r r rr • C CMZe . Ronald Reagan, in 1988, declared August 21s` to be established as an observance of senior citizens; and it is right to recognize senior citizens who have made a positive contribution to our community; and it is appropriate to honor our mature citizens for the value they add to the betterment of our country; and it is important to increase awareness of social, health and economic issues affecting our senior citizens; and w all older adults have added individual value to each of our lives. 9 Mom, I, Andrew Nelson, Mayor of Bryan, Texas, and I, Karl Mooney, Mayor of College Station, Texas, and I, Duane Peters, Brazos County Judge, affirm that acting on behalf of our respective city council and commissioners court, do hereby proclaim Tuesday, August 21, 2018 as: NATIONAL SENIOR CITIZEN DAY in the City of Bryan, City of College Station and Brazos County and urge all our citizens to support the efforts of local organizations to acknowledge and honor older adults who have and are contributing positively to our community, our city, our state and our nation. CITY OF BRYAN CITY OF COLLEGE STATION OS CO Andrew Nelson, Mayor Karl P. Mooney, Mayor Duane Peters, County Judge a &Mfiz tf 276t a yea 20 -18 18-035 Vol. I MEDSTATIX SUBSCRIPTION AGREEMENT SUBSCRIPTION AGREEMENT ("Agreement") dated as of 12018 between MedStatix, Inc., aDelaware Incorporated company ("MedStatix" ), and Brazos County ("Subscriber"). BACKGROUND MedStatix is engaged in the business of the delivery of strategic insights and analytical services and solutions for healthcare providers (each a "Provider" and collectively "Providers") in various medical and surgical specialties. In connection with such business activities, MedStatix sells subscriptions for Providers to access and use a web site, set of web sites, or other platform and related elements or components as made available from time -to -time for purposes of providing medical -specialty specific patient experience surveys (the "System") for Providers' patients. Subscriber desires to purchase a subscription to use the System, and MedStatix desires to sell to Subscriber a subscription to use the System, with respect to patients of the Providers in Subscriber's medical practice NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby covenant and agree as follows: 1. System Subscription. Subject to the terms of this Agreement, MedStatix hereby grants to Subscriber a limited, non-exclusive, and non -transferable subscription (the "Subscription") to use the System online during the term of this Agreement. The Subscription allows the number of individual users specified on the Schedule attached hereto (each a "User" and collectively, "Users") to have remote access to the System via a web site hosted by MedStatix or by one or more of MedStatix's licensors or other business partners selected by MedStatix from time -to -time and located at an Internet address provided to Subscriber by MedStatix (the "System Website" . The System will provide for the collection and reporting of information for the number of individuals participating Providers in Subscriber's medical practice specified on the Schedule attached hereto. 2. Subscription Fees. In consideration for providing access to the System and the Subscription, Subscriber shall pay to MedStatix fees during the teen of this Agreement as set forth on the Schedule attached hereto (the "Fees"), without any set-off or deductions. 3. Term of Agreement. This Agreement and the Subscription granted herein shall remain in effect and will continue until terminated pursuant to Section 14. 4. Access to System. (a) Each User shall access the System by means of the browser recommended by MedStatix, using Subscriber's equipment. vol. Pg. (b) Each User shall access the System through the System Website by entering the appropriate user name (the "User Name") and password assigned to such User. Subscriber will be provided a master User Name, which allows Subscriber to issue User Names and passwords to individual Users, or MedStatix will coordinate the issuance of individual User Names directly to individual Users. MedStatix agrees to only coordinate the issuance of individual User Names with written permission of Subscriber or Provider. Inall cases the User Names and passwords must comply with MedStatix's specifications as in effect from time to time, and Subscriber shall assign, record and control the use of the User Names and passwords. Subscriber and not MedStatix and will be solely responsible for any use or misuse thereof. 5. Restrictions. Subscriber agrees that it will not, and will not allow its directors, officers, or employees or agents (including any Users or Providers) to: (a) reverse assemble, reverse engineer, decompile, translate, or otherwise attempt to derive the source code or related tools or technology from the System or any module or component thereof, nor copy any of the foregoing; (b) copy, reproduce, modify, sell, lease, sublicense, market or commercially exploit in any way the System or any module or component thereof; (c) disclose or grant access to a User Name, the System or any module or component thereof to any third party other than one to whom MedStatix has consented in writing; or (d) take any other action with respect to the System that is otherwise prohibited by MedStatix. 6. Support Services. Support services relating to the System will be provided to Subscriber by means of the System Website, telephone, e-mail and HELP files provided within the System. MedStatix is responsible for the development, implementation, support, maintenance, upkeep, updating, hosting and operating of the System and making the System available to Subscriber. The foregoing is considered an integral part of this Agreement and will be provided by MedStatix to Subscriber at no additional cost. 7. Ownership and Use of System: License to Use Data. (a) MedStatix retains all right, title and interest and all intellectual property rights (including copyrights, designs, business methods, System Technology, trade secrets, System Brands and other trademarks and patent rights) in and to the System, all related documentation and the System Website (collectively, the "System Materials") and all copies thereof. Nothing herein gives to Subscriber any ownership right, title or interest in or to any System Materials or to any copy thereof or any license right with respect to the same that is not expressly granted herein. Subscriber will not, either during the term of this Agreement or after the termination hereof, contest or challenge the ownership of the intellectual property rights in the System Materials by MedStatix nor remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other 2 vol. _-G� %k.._ Pq, r � proprietary rights legends from any System Materials. "System Brands" means any and all designs, colors, logos, copyrights, trademarks and service marks, whether registered or unregistered, of MedStatix. "System Technology" means the network and content deployment technology of MedStatix, including all improvements, revisions and additions developed by or for MedStatix for use in the System, and all other technology owned or licensed by MedStatix. (b) Subscriber's name, trademarks, logos, and similar property, and all Subscriber's data, including e-mails and other data transmitted by Subscriber to MedStatix in connection with the use of the System, and Subscriber's systems used by Subscriber to access the System, shall be and remain the property of Subscriber. Subscriber represents and warrants to MedStatix that Subscriber, on its own behalf and on behalf of the individual Providers in Subscriber's medical practice, group, or facility, has the right to use the data of or relating to the individual Providers in Subscriber's medical practice, group, or facility, as appropriate, and the data of or relating to such Providers' patients, for statistical purposes and to improve quality of service and has the right to grant MedStatix a license to use all such data as set forth herein. Subscriber hereby grants to MedStatix a nonexclusive, royalty free, right and license to use (with the right to sublicense) all the de -identified aggregated data of or relating to the individual Providers in Subscriber's medical practice, group, or facility, as appropriate, and the de - identified aggregated data of or relating to such Providers' patients, including all System reports and survey results, for statistical purposes and to improve quality of service. Subscriber further grants MedStatix a license to include Subscriber's trademarks and logos on the Subscriber's dedicated pages at the System Website and other communications in connection with the System until either party terminates this Agreement pursuant to Section 14. MedStatix has the right to sublicense to any System Provider upon written consent of Subscriber and shall notify any System Provider of any termination of this Agreement. Notwithstanding the foregoing, within 30 days of Notice from Subscriber, MedStatix shall remove any trademark, logo, or identifying information of Subscriber from any of Subscriber's dedicated pages or any other communication, and MedStatix shall require all sublicensee to remove the same. Other Data Considerations. Subscriber shall obtain the consent of its patients to allow MedStatix to perform the collection of data and analysis of the same. This includes, but is not limited to, data aggregation in a de -identified manner. MedStatix will not link the data it collects and analyzes to any PHI as that term is used in the Health Insurance Portability and Accountability Act, as amended. Finally, Subscriber agrees to the MedStatix Terms of Service and Privacy Policy, as amended from time to time and set forth on the MedStatix website, a copy of which is provided to Subscriber concurrently with this Agreement. If MedStatix Terms of Service and Privacy Policy is amended, MedStatix agrees to give Subscriber Notice. Subscriber will obtain consent of its patients by providing each patient with the opportunity to sign up for any e-mail or text notification, and each patient will have the option to opt -out at any time. 3 8. Subscriber Responsibilities. (a) Subscriber is responsible for obtaining all hardware, software and services necessary to connect to the System Website and access the System including without limitation, all computers, servers, modems, routers, Web browsers, local and wide area networks and network equipment and services provided by an Internet service provider. All such facilities and services shall comply with the applicable MedStatix interface specifications for the System as specified by MedStatix and provided to Subscriber from time -to -time. MedStatix shall provide Subscriber with Notice of any change in hardware, software, or services necessary to implement the System. (b) Subscriber shall implement commercially reasonable security systems, hardware, software, and procedures necessary to limit access to the System to Subscriber's authorized Users and otherwise maintain the security and integrity of Subscriber's information systems and data. Subscriber shall notify MedStatix immediately if there is a security breach or unauthorized use of the System or any User Name or password. Subscriber shall permit MedStatix to visit Subscriber's premises on reasonable Notice to review and audit Subscriber's use of the System. (c) MedStatix shall n o t have any responsibility for any security breach, hacking, intrusion or other unauthorized access to or involving Subscriber's systems, User Names or passwords (the "Prohibited Usage"), unless the Prohibited Usage is traced to MedStatix and did not originate from Subscriber's use of the System. (d) Subscriber will be responsible for all backup equipment, software, systems and other disaster recovery and contingency planning procedures to protect against any loss or damage to its data. (e) Subscriber and MedStatix agree to not use the System in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such mailings. (0 Subscriber and MedStatix agree not to transmit or permit its Users or other employees to transmit through the System any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. (g) Subscriber a n d M e d S t a t i x will only use the System for lawful purposes, in compliance with all applicable laws including, without limitation, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. Subscriber and MedStatix shall establish policies and procedures (including monitoring mechanisms) to guard against improper use of the System by its Users. 4 f va. Pg. -SZ- (h) MedStatix has entered into a Business Associate Agreement with an entity that receives any "Protected Health Information" (as such term is defined in the applicable regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended) in connection with the use and operation of the System. Contemporaneously with the execution and delivery of this Agreement, Subscriber and MedStatix shall enter into a Business Associate Agreement in substantially the form attached hereto as Exhibit "A". 9. Export. Subscriber shall not export or re-export the System or any copies thereof, either directly or indirectly, outside of the jurisdiction in which such materials are accessed by Users except in compliance with all applicable laws, ordinances and regulations, unless (1) Subscriber gives Notice prior to export and (2) MedStatix consents to the export in writing. 10. Confidential Information. (a) Each party acknowledges that confidential information (including trade secrets and confidential technical, financial and business information, including Subscriber's e-mails, User Names and passwords (collectively, "Confidential Information") may be exchanged between the parties in connection with the transactions contemplated by this Agreement. Each party shall use commercially reasonable efforts to prevent the disclosure and to protect the confidentiality of the Confidential Information of the other party. Each party agrees that it will not disclose or use the Confidential Information of the other party unless authorized herein or unless prior written consent is received from the other party. Subscriber will promptly report to MedStatix any unauthorized use or disclosure of MedStatix's Confidential Information that Subscriber becomes aware of and provide reasonable assistance to MedStatix in the investigation and prosecution of any such unauthorized use or disclosure. MedStatix likewise will promptly report to Subscriber any unauthorized use or disclosure of Subscriber's Confidential Information that MedStatix becomes aware of and provide reasonable assistance to Subscriber in the investigation and prosecution of any such unauthorized use or disclosure. (b) Notwithstanding Section 10(a), the recipient of Confidential Information may use or disclose the Confidential Information to the extent that such Confidential Information is: (i) already known by the recipient without an obligation of confidentiality, (ii) publicly known or becomes publicly known through no unauthorized act of the recipient, (iii) rightfully received from a third party without any obligation of confidentiality, (iv) independently developed by the recipient without use of the Confidential Information of the disclosing party hereunder, (v) approved by the disclosing party for disclosure, or (vi) required to be disclosed pursuant to a requirement of a governmental agency or law so long as the recipient provides the disclosing party with Notice of such requirement prior to any such disclosure and takes all commercially reasonable steps available to 5 FV 01. Pg. �° !0 maintain the information in confidence. Information shall not be deemed to be available to the public or known to the recipient merely because it may be embraced by a more general disclosure or derived from combinations of disclosures generally available to the public or known to the recipient (c) Subscriber also agrees not to use MedStatix's Confidential Information to create any computer software or documentation that is substantially similar to the System. (d) MedStatix shall have the right to announce the execution of this Agreement and to mention Subscriber in MedStatix's marketing materials. 11. Limited Warranty. (a) MedStatix represents and warrants to Subscriber that MedStatix has all rights necessary provide a Subscription to use the System to Subscriber pursuant to this Agreement. MedStatix represents and warrants to Subscriber that MedStatix will use commercially reasonable efforts to make the System available for use by Users and that the System will perform substantially in accordance with its associated documentation provided to Subscriber, (b) EXCEPT AS PROVIDED IN SECTION I I(a), THE SYSTEM AND THE SYSTEM WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND MEDSTATIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MedStatix AND THE SYSTEM PROVIDERS DO NOT WARRANT THAT THE SYSTEM OR THE SYSTEM WEBSITE WILL BE AVAILABLE FOR ACCESS AT ANY OR ALL TIMES, THAT ANY OR ALL FAILURES, DEFECTS, OR ERRORS IN THE SYSTEM OR THE SYSTEM WEBSITE WILL BE CORRECTED, THAT SUBSCRIBER'S USE OF THE SYSTEM AND THE SYSTEM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MedStatix WARRANT THAT THE FUNTCTIONS CONTAINED IN THE SYSTEM OR THE SYSTEM WEBSITE, OR INFORMATION SUPPLIED IN CONNECTION WITH THEIR USE, WILL MEET SUBSCRIBER'S REQUIREMENTS. SPECIFICALLY, AND NOTWITHSTANDING ANY OTHER TERM, CONDITION OR PROVISION OF THIS AGREEMENT, MEDSTATIX AND SYSTEM PROVIDERS DO NOT WARRANT THAT THE SYSTEM OR SYSTEM WEBSITE WILL INCREASE SALES, MARGINS, PROFITS, OR EFFICIENCY; WILL REDUCE COSTS OR EXPENSES; WILL IMPROVE REIMBURSEMENT RATES OR MEDICAL PROFESSIONAL LIABILITY LOSSES OR RISK EXPERIENCE; WILL DECREASE INSURANCE PREMIUMS OR WILL IMPROVE OPERATIONS OR COMPETITIVENESS OR I -LAVE ANY OTHER PARTICULAR RESULT OR EFFECT. 0 Fv-: 2 7,- P9. ��% (c) ALL SERVICES AND DATA ACCESSED OR RECEIVED BY SUBSCRIBER THROUGH THE SYSTEM AND THE SYSTEM WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND FOR EDUCATIONAL PURPOSES ONLY. MEDSTATD{ AND THE SYSTEM PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING SUCH SERVICES AND DATA, INCLUDING WARRANTIES OF ACCURACY OR COMPLETENESS AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SYSTEM AND SYSTEM WEBSITE DO NOT IN ANY EVENT CONSTITUTE MEDICAL ADVICE, AND ARE NOT INTENDED TO, AND SHOULD NOT BE USED TO, DIAGNOSE OR TREAT ANY MEDICAL CONDITION, DISEASE OR ILLNESS N ANY INDIVIDUAL PATIENT OR GROUP OF PATIENTS. (d) SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT MedStatix AND THE SYSTEM PROVIDERS HAVE MADE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SYSTEM, THE SYSTEM WEBSITE OR THE SERVICES OR DATA ACCESSED OR RECEIVED BY SUBSCRIBER THROUGH THE SYSTEM AND THE SYSTEM WEBSITE OTHER THAN AS STATED N SECTION I I(a) ABOVE. SUBSCRIBER'S SOLE REMEDY FOR ANY VIOLATION OF THE WARRANTY N SECTION I1(a) SHALL BE LIMITED TO A REFUND OF A PRORATED PORTION OF ANY PREPAID FEES FOR USE OF THE SYSTEM, BASED UPON THE UNUSED PORTION OF THE TERM OF THIS AGREEMENT. THIS LIMITATION SHALL NOT APPLY TO CLAIMS RELATED TO RELEASE OF PROTECTED HEALTH INFORMATION AS NOTED N SECTION 11. (e) . SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT SOME OF THE SERVICES OR INFORMATION SUBSCRIBER MAY RECEIVE THROUGH USE OF THE SYSTEM AND THE SYSTEM WF,BSITE MAY BE PROVIDED BY THIRD PARTIES WHEN CONSENTED TO BY SUBSCRIBER, AND THAT MedStatix HAS MADE NO WARRANTIES OR REPRESENTATIONS REGARDING INFORMATION PROVIDED BY SUCH THIRD PARTIES OR THEIR SERVICES. 12. Limitation of Liability. (a) N NO EVENT SHALL MEDSTATIX BE LIABLE TO SUBSCRIBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM A DEFAULT OF THIS AGREEMENT, OR SUBSCRIBER'S OR ANY USER'S USE OF OR NABILITY TO USE THE SYSTEM OR THE SYSTEM WEBSITE, OR ANY DATA ACCESSED OR RECEIVED BY SUBSCRIBER OR ANY USER FROM THE SYSTEM OR THE SYSTEM WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, LOST SAVINGS OR LOST PROFITS EVEN IF MEDSTATIX HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. N NO 7 Vol. ;2 Pg. ✓~0 EVENT SHALL MEDSTA"RX BE LIABLE TO SUBSCRIBER FOR ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF THIRD PARTIES (INCLUDING ANY SYSTEM PROVIDER(S)) OR FOR THE SERVICES THAT MAY BE PROVIDED BY SUCH THIRD PARTIES THROUGH THE SYSTEM OR THE SYSTEM WEBSITE. (b) THE LIABILITY OF MEDSTATIX TO SUBSCRIBER FOR DIRECT DAMAGES FOR ANY CLAIM N CONNECTION WITH THIS AGREEMENT, OR SUBSCRIBER'S USE OR ACCESS TO THE SYSTEM OR THE SYSTEM WEBSITE, OR ANY DATA ACCESSED OR RECEIVED THEREFROM SHALL NOT EXCEED THE TOTAL FEES PAID BY SUBSCRIBER TO MEDSTATIX UNDER THIS AGREEMENT. (c) THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT REPRESENT THE PARTIES' AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT THE PROVISIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATION OF RISK, WITHOUT WHICH NEITHER PARTY WOULD HAVE BEEN WILLING TO ENTER INTO THIS AGREEMENT AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. (d) IN THOSE STATES THAT DO NOT ALLOW FOR ANY OF THE FOREGOING EXCLUSIONS OF LIABILITY, MEDSTATIX'S AND ANY SYSTEM PROVIDER'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BYLAW. (e) NOTWITHSTANDNG THE ABOVE LIMITATIONS, THE PARTIES AGREE THAT SHOULD SUBSCRIBER INCUR LIABILITY RELATED TO THE DISSEMNATION OF PROTECTED HEALTH INFORMATION, THEN THE LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT BE APPLICABLE. 13. Indemnification. (a) Subscriber agrees to defend, indemnify and hold MedStatix, any System Provider, and their respective affiliates, employees, officers, directors and shareholders and their successors and assigns harmless from and against any claims, suits, actions or proceedings brought and damages, costs (including attorney's fees) or judgments awarded (collectively, "Losses") that arise from or in connection with (i)breach by Subscriber of this Agreement; or (ii) Subscriber's failure to comply with any applicable law. MedStatix shall give Subscriber prompt written Notice of such claims, permit Subscriber to defend and/or settle such claims, and give Subscriber all information and assistance reasonably requested by Subscriber in connection with such claims. 8 va. I P9. (b) Subject to the terms of Section 11, MedStatix agrees to defend, indemnify and hold harmless Subscriber and its affiliates and their trustees, officers and employees and their successors and assigns with respect to any Losses, to the extent based upon any third party's claim (an "Infrineement Claim") that the System discloses, intentionally or not, any protected health information, as defined by 45 Code of Federal Regulation 164.506, or its successor, of any patient of Subscriber, without consent of that patient. This Agreement shall not be construed to imply consent on behalf of any patient, or on behalf of Subscriber, to permit MedStatix to publicize any protected health information. If any Infringement Claim is brought or threatened, MedStatix shall, at its sole option and expense, (i) investigate the source of the Infringement and give Subscriber the option to terminate this Agreement immediately; or (ii) modify or amend the System or the allegedly infringing part thereof in such a way as to make the System non -infringing, or replace the System or allegedly infringing part with other items having substantially the same capabilities. If neither option (i) nor .(ii) of the foregoing is commercially practicable in MedStatix's reasonable judgment, MedStatix may terminate this Agreement with respect to the System (or the infringing part thereof) and refund any prepaid Fees, reimburse Subscriber for any cover, and pay for any damages as a court or settlement permits. (c) MedStatix shall have no liability to Subscriber or any third party for any alleged infringement claim, based upon: (i) Subscriber's use of the System in connection or in combination with any computer hardware or system or services not specified in the System documentation provided by MedStatix or the applicable System Provider or not otherwise approved in advance and in writing by MedStatix (if such infringement claim could have been avoided by the use of other equipment, devices or system or services); (ii) use of the System contrary to the specifications and directions contained in the System documentation provided by MedStatix or the applicable System Provider or other reasonable instructions of MedStatix or the applicable System Provider; or (iii) the use of the System other than as contemplated under this Agreement or in a manner for which it was not intended. 14. Termination: This Agreement may be terminated: (a) by either party without cause upon thirty (30) days Written Notice to the other Party; (b) by MedStatix if Subscriber fails to make any payment when due to MedStatix under this Agreement, provided that in the event of such failure, Subscriber is given written Notice of nonpayment and a Fourteen (14) day period to cure the failure to pay; 0 Vol,. pg. �5� (c) by either party in the event the other party materially breaches any of its duties, obligations or responsibilities under this Agreement (other than Subscriber's payment obligations) and fails to cure such breach or provide the other party with an acceptable plan for curing such breach within thirty (30) days after receipt by the breaching party of written Notice specifying the breach; or (d) by either party in the event: (i) a receiver, trustee, administrator, or administrative receiver should be appointed for the other party or its property; (ii) the other party makes an assignment for the benefit of creditors; (iii) any proceedings should be commenced against the other party rmder any bankruptcy, insolvency, or debtor's relief law, and such proceedings shall not be vacated or set aside within ninety (90) days from the date of commencement thereof; or (iv) the other party should be liquidated or dissolved. (e) In the event that either party has knowledge of a termination event as provided in Section 14(c) or (d), that party shalt give notice to the other party immediately. 15. Effect of Termination. Except to the extent agreed to in writing by the parties, upon the termination of this Agreement: (a) MedStatix shall be entitled to suspend or terminate Subscriber's access to the System; (b) Subscriber shall forthwith pay to MedStatix all amounts owing under this Agreement on the date of termination; (c) if Subscriber has paid fees for twelve (12) or more months in advance, MedStatix shall refund to Subscriber a pro -rata portion of the amount prepaid; (d) Subscriber shall, and shall cause its Users to, immediately and permanently cease to use, any manner whatsoever, the System, the User Names and all System documentation; and (e) the Subscription granted under Section 1 will automatically terminate. Upon the termination of this Agreement for any reason whatsoever, all documents, information, data and/or software however recorded, which contain any of the others Confidential Information shall be returned or destroyed, as the owner thereof shall direct; provided, however, that the foregoing shall not, in any event, (i) apply to any Protected Health Information disclosed to MedStatix, as appropriate, in connection with the use and operation of the System, which shall be governed solely by the applicable provisions of the Business Associate Agreement to which such persons are parties or (ii) limit in any respect, or otherwise alter or effect, any of MedStatix's rights with respect to the license granted to MedStatix to use Provider and patient data for statistical purposes and to improve quality of service pursuant to Section 7(b), and in no event shall MedStatix be required to return or destroy any of such data. 10 t 6. Survival. The provisions of Sections 5, 7, 10, 11, 12, 13, 17, 18, 20, 21 and 24 hereof shall survive the expiration or termination of this Agreement. 17. Independent Contractor. MedStatix is an independent contractor. This Agreement does not in any way create any fiduciary relationship between the parties nor the relationship of principal and agent, joint venture or partnership. Neither party shall have any right, authority or power to bind the other in any contract or to the performance of any obligation as to any third party without the other's prior written consent. Neither party shall act, attempt to act or represent itself to others, as an agent of the other parry or in any manner assume or create any obligation on behalf of or in the name of the other party. Neither party shall be liable for any debts or obligations of the other unless expressly assumed in writing. 18. No Waiver: Cumulative Remedies. No failure or delay on the part of MedStatix in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude or require any other or further exercise thereof or the exercise of any other right, power or privilege. MedStatix shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by MedStatix. A waiver with respect to one event shall not be construed as continuing or as a bar to or a waiver of any right or remedy with respect to a subsequent event. The rights and remedies herein provided to MedStatix are cumulative and not exclusive of any rights or remedies provided by law. 19. Notice. All notices and other communications shall have been duly given and shall be effective (a) when delivered by hand, (b) the business day after the day on which the same has been delivered prepaid to a reputable national overnight air courier service, or (c) the third business day following the day on which the same is sent by certified or registered mail, postage prepaid, in each case to the respective parties at the address given below: or at such other address as such parry may hereafter specify by written notice to the other partyhereof ("Notice"). 21. Force Majeure. If performance of any obligation hereunder (except the making of payments) is prevented or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war, terrorism or other violence; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder with dispatch whenever such causes are removed. 11 F 12- Pg. 02 s� 22. Subscriber Rights. Nothing in this Agreement shall create or vest in Subscriber any right, title, or interest in the System or the System Materials other than the limited Subscription to use the System under the terms and conditions of this Agreement. All such rights shall remain in MedStatix or the applicable System Provider, as appropriate. 23. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 24. Assignment, etc. Subscriber may not, without MedStatix's prior written consent, assign, delegate or transfer this Agreement, or any of its rights or obligations under this Agreement, to any third party, nor sublicense, lease or encumber the System or any part thereof without MedStatix's prior written consent, which may be withheld by MedStatix for any reason or no reason, in its sole discretion. MedStatix may assign this Agreement to any third party without the consent of, or Notice to, Subscriber. MedStatix may delegate to affiliates of MedStatix and to agents, suppliers and contractors of MedStatix any of the obligations herein imposed upon MedStatix and MedStatix may disclose to any such persons any information required by them to perform the duties so delegated to them so long as such persons agree to keep such information confidential, and such delegation or subcontracting shall not relieve MedStatix of its performance obligations hereunder. 25. Counterparts. This Agreement may be executed in separate counterparts, each of which will be deemed to be an original of this Agreement, and all of which counterparts, when taken together, will be deemed to constitute one and the same agreement. Either party may deliver an executed counterpart hereof by facsimile transmission or electronic mail (as a Portable Document Format (PDF) file) to the other party and any such delivery shall have the same force and effect the manual delivery of an original, executed counterpart of this Agreement. 26. Entire Agreement. This Agreement, the Schedule attached hereto, and the documentation referred to therein represent the entire agreement between Subscriber and MedStatix with respect to the System and cannot be changed or waived except by an agreement in writing signed by the party against whom enforcement of the change or waiver is sought. 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to its conflict or choice of law rules or principles. 12 SCHEDULE TO SUBSCRIPTION AGREEMENT FOR SUBSCRIBER Pricing- SysturtUscFee The amount of the Fee payable by Subscriber to MedStatix will be determined based upon the total number of individual participating Providers in Subscriber's group, practice or facility for which information will be collected and reported using the System during each month of this Agreement. Amount of Fee Per Month $35.00 Per Month Per Provider IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth above MedStatix, Inc. By: _ Name: Title: azo oun Ay: ' Name: POO ?QWS Title: �u 0��`�YCLZDS 14 vol. a?76 P, Exhibit "A" Business Associate Provisions WHEREAS, MedStatix ("Business Associate") has agreed to provide the Services set forth in the Agreement to which this Exhibit A is attached to Customer ("Covered Entity"), and Business Associate may receive, have access to or create Protected Health Information in order to provide the Services ("Services Agreement'); and WHEREAS, Covered Entity is subject to the Administrative Simplification Sections of the Health Insurance Portability and Accountability Act of 1996, and regulations promulgated thereunder ("HIPAA Regulations") including the Standards for Privacy of Individually Identifiable Health Information, and Security Standards, 45 Code of Federal Regulations Parts 160, 162, and 164 ("Regulations"), as well as the Health Information Technology for Economic and Clinical Health ("HITECH") Act; and WHEREAS, the Regulations require Covered Entity to enter into an agreement with Business Associate in order to require certain protections for the privacy and security of Protected Health Information, and such Regulations prohibit the disclosure to, or use of, Protected Health Information by Business Associate if such an agreement is not in place. NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE I — DEFINITIONS 1.1 "Disclose" and "Disclosure" mean, with respect to Protected Health Information, the release, transfer, provision of access to, or divulging in any other manner of Protected Health Information outside Business Associate's internal operations or to other than its employees. 1.2 "Protected Health Information" or "PHI" means information that (i) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; (ii) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (iii) is received by Business Associate from or on behalf of Covered Entity, or is created by Business Associate, or is made accessible to Business Associate by Covered Entity. 1.3 "Security Incident' means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. 1.4 "Use" or "Uses" mean, with respect to the Protected Health Information, the sharing, employment, application, utilization, examination or analysis of such Protected Health Information within Business Associate's internal operations. 15 Capitalized terms used in this Exhibit A that are not otherwise defined in this Exhibit A shall have the meanings set forth in the Agreement to which this Exhibit A is attached and, if not defined in the Agreement, as defined in the Regulations or HITECH Act, as applicable. ARTICLE II - OBLIGATIONS OF BUSINESS ASSOCIATE 2.1 Permitted Uses and Disclosures of Protected Health Information. Business Associate shall Use and Disclose Protected Health Information solely as necessary to perform the Services, or as otherwise authorized by Covered Entity, provided that such use and disclosure would be permitted under state and federal confidentiality laws if done by Covered Entity. All other uses and disclosures not authorized by this Exhibit A are prohibited, without obtaining written authorization from Covered Entity. 2.2 Management and Administration. Business Associate may Use and Disclose Protected Health Information for the proper management and administration of Business Associate, or to carry out the legal responsibilities of the Business Associate, provided that the disclosure is Required by Law, or the Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed (i) that it will be held confidentially and used or further disclosed only for the purpose for which it was disclosed; and (ii) the person is obligated to notify Business Associate (who will notify Covered Entity) of any instances of which it is aware in which the confidentiality of the information has been breached. 2.3 Data Aggregation. Except as otherwise limited by this Exhibit A, if applicable, Business Associate may use Protected Health Information to provide Data Aggregation services relating to the health care operations of Covered Entity. 2.4 Adequate Safeguards for Protected Health Information. Business Associate warrants that it shall implement and maintain appropriate administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any Protected Health Information that it creates, receives, maintains, or transmits on behalf of covered entity and to prevent the Use or Disclosure of Protected Health Information in any manner other than as permitted by this Exhibit A. 2.5 Mitiaation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of Protected Health Information by Business Associate in violation of the requirements of this Exhibit A. 2.6 Reporting Use or Disclosure. (a) Non -Permitted Disclosures. Business Associate shall report to Covered Entity each Use or Disclosure that is made by Business Associate, its employees, representatives, agents or subcontractors that is not specifically permitted by this Exhibit A. The initial report shall be made by telephone call to Covered Entity's Privacy Officer within forty-eight (48) hours from the time the Business Associate becomes aware of the non -permitted Use or Disclosure, 16 Vol. pg. followed by a written report to the Privacy Officer no later than five (5) days from the date the Business Associate becomes aware of the non -permitted Use or Disclosure. (b) Reports of Security Incidents. Business Associate shall be obligated to report to Covered Entity any Security Incident of which it becomes aware, as may be required by 45 C.F.R. §I64.314(a)(2). 2.7 Availability of Internal Practices, Books and Records to Government Agencies. Business Associate agrees to make its internal practices, books and records relating to the Use and Disclosure of Protected Health Information available to the Covered Entity, or at the request of Covered Entity, to the Secretary of the U.S. Department of Health and Human Services ("Secretary"), in a time and manner designated by the Covered Entity or the Secretary, for purposes of determining Covered Entity's compliance with the Regulations. 2.8 Access to and Amendment of Protected Health Information. Business Associate shall, to the extent Covered Entity determines that any Protected Health Information constitutes a "designated record set" under the Regulations, (a) make the Protected Health Information specified by Covered Entity available to the individual(s) identified by Covered Entity as being entitled to access and copy that Protected Health Information, and (b) make any amendments to Protected Health Information that are requested by Covered Entity. Business Associate shall provide such access and make such amendments within the time and in the manner specified by Covered Entity such that Covered Entity may comply with its obligations under 45 C.P.R. § 164.524 and 45 C.F.R. § 164.526. 2.9 Accounting of Disclosures. Upon Covered Entity's request, Business Associate shall provide to Covered Entity an accounting of all Disclosures required for an accounting of Protected Health Information made by Business Associate or its employees, agents, representatives or subcontractors as required by the Privacy Regulations. For each Disclosure that requires an accounting under this Section, Business Associate shall track the information specified in (a) through (d), above, and shall securely maintain the information for six (6) years from the date of the Disclosure. 2.10 Use of Subcontractors and Agents. Business Associate shall require each of its agents and subcontractors that receive Protected Health Information from Business Associate to execute a written agreement obligating the agent or subcontractor to comply with the terms of this Exhibit A. 2.11 Restrictions: Requests for Confidential Communications. Business Associate will comply with any agreements for confidential communications of which it is aware and to which Covered Entity agrees pursuant to 45 C.F.R. §164.522(b) by communicating with individuals using agreed upon alternative means or alternative locations. 2.12 Breach Notifications. (a) Definitions 17 Vol. �%� Pg. (i) "Breach": For purposes of this Section a "breach" is the unauthorized acquisition, access, use or disclosure of unsecured PHI which compromises the security or privacy of such information. The term does not include: (A) the unintentional acquisition, access, or use of PHI by an employee or another individual acting under the authority of the Business Associate, if such acquisition, access, use or disclosure was made in good faith and the information is not further used or disclosed; (B) the inadvertent disclosure by a person authorized to access PHI to another person authorized to access PHI within Business Associate's organization, provided that the PHI is not further used or disclosed in a manner not permitted by the Business Associate Agreement; or (C) a disclosure of PHI where the business associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information. (ii) "Compromises the security or privacy of PHI" means that the breach poses a significant risk of financial, reputational, or other harm to the individual. (iii) "Discovery of Breach": A breach is discovered as of the first day on which such breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. Business Associate is deemed to have knowledge of a breach if the breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is an employee, officer, or other agent of Business Associate. (iv) "Unsecured P111" is PI -II that is not encrypted or which has not been destroyed, or which otherwise has been rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary of Health and Human Services ("HHS") in guidance issued under section 13402(h)(2) of Public Law 111-5 on the HHS Website. (b) Notification of Breach: Business Associate shall notify Covered Entity in writing as soon as reasonably practicable after the discovery of a breach of unsecured PHI, and no later than 48 hours after discovery of such breach, and such cost of shall be borne by Business Associate to the extent breach is caused by Business Associate. The notification shall include, to the extent possible, the following Information: (i) the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, used, or disclosed during the breach; (ii) a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; (iii) a description of the types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, diagnosis, disability code and other types of information involved),- (c) nvolved); (c) Management of Breach: Business Associate will provide Covered Entity 1R Vol. %�v pg. 2 Cn © with other information as necessary for Covered Entity to provide Notice of the breach to an individual, including, but not limited to, a description of what the Business Associate is doing to investigate the breach, to mitigate harm to the individual, and to protect against any further breaches. Business Associate agrees to take such additional actions as may reasonably be requested by Covered Entity to mitigate the breach. (d) Payment of Costs Associated with Required Notices: Following the discovery of a breach of PHI by Business Associate or any employee or agent of Business Associate, or a breach of PHI that is created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity, Covered Entity shall provide the notices of breach that are required by 45 C.F.R. §164.404 and 45 C.F.R. §164.406 to individuals and to the media, if media notice is required. The notices must be provided without unreasonable delay, but in no case later than 60 days after discovery of a breach, and such cost shall be born by Covered Entity to the extent breach is caused by Covered Entity 2.13 Written Security Policies and Procedures. Business Associate agrees to follow generally accepted system security principles and the requirements of the Health Insurance Reform, Security Standards Final Rule at 45 C.F.R., Parts 160, 162, and 164 ("Security Rule"). Business Associate will establish and maintain appropriate administrative, physical, and technical safeguards to reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information ("EPHI"). Business Associate shall implement and maintain written policies and procedures to comply with such. Such policies and procedures shall be maintained for six years from the date of creation or the date last in effect, whichever is later and shall be updated as necessary in response to environmental or operational changes affecting the security of EPHI. EPHI shall have the same meaning as in 45 C.F.R. § 160.103, limited to information created or received by Business Associate from or on behalf of Facility. 2.14 Acknowledgement of Application of Civil and Criminal Penalties. Business Associate acknowledges that under the HITECH Act, in the event that Business Associate does not comply with the requirements of this Exhibit A, criminal and civil penalties may be imposed by the Department of Health and Human Services in the same manner that such penalties apply to Covered Entity. ARTICLE III - OBLIGATIONS OF COVERED ENTITY 3.1 Notification of Changes. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. 3.2 Notification of Restrictions. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522. ARTICLE IV - TERM AND TERMINATION 19 Vol. �7�v _ pg. "_�- 4.1 Termination. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation and may terminate the Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, or immediately terminate the Agreement if Business Associate has breached a material term of this Exhibit A and cure is not possible. Notwithstanding the above, any breach related to the sale, transfer, or use or disclosure of PHI for commercial advantage, personal gain, or malicious harm shall be considered non -curable. Business Associate's obligations under Article II and Section 43 shall survive the termination or expiration of the Agreement. 4.2 Disposition of Protected Health Information Upon Termination or Expiration. Upon termination or expiration of the Agreement, Business Associate shall either return or destroy, in Covered Entity's sole discretion and in accordance with any instructions by Covered Entity, all Protected Health Information in the possession or control of Business Associate and its agents and subcontractors. However, if the parties determine that neither return nor destruction of Protected Health Information is feasible, Business Associate may retain Protected Health Information provided that Business Associate (a) continues to comply with the provisions of this Exhibit A for as long as it retains Protected Health Information, and (b) further limits Uses and Disclosures of Protected Health Information to those purposes that make the return or destruction of Protected Health Information infeasible. ARTICLE V - MISCELLANEOUS 5.1 Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Exhibit A may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security or confidentiality of Protected Health Information. The parties understand and agree that Covered Entity must receive satisfactory written assurance from Business Associate that Business Associate will adequately safeguard all Protected Health Information that it receives or creates pursuant to the Agreement. Upon Covered Entity's request, Business Associate agrees to promptly to enter into negotiations with Covered Entity concerning the terms of any amendment to this Exhibit A embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Regulations or other applicable laws. Covered Entity may terminate the Agreement upon thirty (30) days written notice in the event (i) Business Associate does not promptly enter into negotiations to amend this Exhibit A when requested by Covered Entity pursuant to this Section or (ii) Business Associate does not enter into an amendment to this Exhibit A providing assurances regarding the safeguarding of Protected Health Information that Covered Entity, in its sole discretion, deems sufficient to satisfy the standards and requirements of HIPAA and HIPAA Regulations. 5.2 Relationship to Other Agreement Provisions. In the event that a provision of this Exhibit A is contrary to any other provision of the Agreement, the provision of this Exhibit A shall control. Otherwise, this Agreement shall be construed under, and in accordance with, the terms 20 P9. C HAYWARD BAKER A KELLER COMPANY 661 Shahan Prairie Rd., Little Elm, TX 75068 Project No: 650411 Project Name: McAllester Lane Rehab Project Location: 8551 McAllester Lane College Station, TX 77845 To: Brazos County 200 S. Texas Avenue, Suite 352 Bryan, TX 77803 Attn: Sean Ray / Gary Arnold CHANGE PROPOSAL DATE: PROPOSAL NO: CI_006751 Subject: Request for Contract Extension Time Please consider this document as a formal request to initiate and process a Change Order for the change to our contract as described below. and Reason Contract Extension Time After mobilization to the project site, Hayward Baker experienced unanticipated production losses due to the previous assumptions of the existing ground conditions and project schedule. For this reason, Hayward Baker is requesting a contract extension to August 2nd, 2018 for substantial completion of the McAllester Lane Project. TOTAL AMOUNT OF THIS CHANGE ORDER PROPOSAL $ TIME EXTENSION REQUESTED. Requested by: Name Kihlthau Phillip J Title Project Manager Signed Phil Kihlthau' COMMENTS: 0.00 ID Calendar Days ❑ Working Days 31 Customer: Name Title Signed 3f Date Pg. Vol. oc %� _��3 w RFP # 18-141 Rehabilitation of Goodson Bend Max Points Available Total Cost including the alternates and 1 addenda Points for Cost 40 2 Completion Time in days Points for Time 30 3 quality of Previous, similar contractswith Br 10 4 Proposer's reputation with similar projects 20 5 Ability to Perform 20 Technical Proposal Total 100 fexcon General Larry Young -ontractors Paving Brazos Paving Knife River Angel Brothers $1,616,830.00 $1,477,087.70 $1,551,226.70 $1,003,292.67 $1,404,352.50 24.82 27.17 25.87 40 28.58 300 140 170 83 No bid 2.77 5.93 4.88 10 0 10 10 10 30 10 20 20 20 20 20 20 20 20 20 20 77.59 83.10 Date Approved: i�z 80.75 luu z6•30 I °Op q ' Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: July 18 2018 BID NUMBER: 18-143 TITLE: Creek Bank Stabilization on Leonard Road REQUESTING DEPARTMR and Bridc e APPROVAL SIGNATURE: County Judge DATE APPROVED: 131,11% Vol. -2 7 Pg. . INTERLOCAL COOPERATION CONTRACT by and between BRAZOSCOUNTY and TEXAS A&M AGRILIFE EXTENSION SERVICE This Interlocal Cooperation contract (hereafter termed "Agreement") is made pursuant to Chapter 791, Texas Government Code, Interlocal Cooperation Contract, and is entered into by and between the Brazos County (hereafter referred to as "County"), a county within the State of Texas, and Texas A&M AgriLife Extension Service (hereafter referred to as "AgriLife Extension"), a member of The Texas A&M University System, and an agency of the State of Texas. SECTION 1 PURPOSE 1.01 AgriLife Extension organizes an annual State 4-H Horse Show, a competition concentrated on equine events open to 4-H members (hereafter referred to as the "Event"). The Event is an eight-day event attended by hundreds of people from all over the state of Texas. For years, the Event was held in Taylor County, Texas. AgriLife Extension desires to move the Event to Brazos County for years 2019 through 2023. 1.02 County desires to have the Event in Brazos County and anticipates that the Event will promote and encourage tourism and local business consumption, including the area's hotel industry, resulting in increased revenues. 1.03 In support of the Event and to encourage its growth and longevity in Brazos County, County has agreed to provide support for the Event through an annual monetary contribution as further provided herein. SECTION 2 TERM 2.01 Term: This Agreement becomes effective on the date of execution of final signature and ends on August 31, 2023 or when all payments due hereunder have been made whichever is later, unless terminated earlier in accordance with section 2.02 of this Agreement. 2.02 Termination: This Agreement may be terminated prior to the expiration of the Term, upon thirty (30) calendar days written notice to the other party, sent to the address indicated in Section 5.01 of this Agreement, only if AgriLife Extension fails to hold the Event in Brazos County in any year during 2019 through 2023, and the failure is not due to a force majeure event. Additionally, this Agreement may be terminated by mutual written agreement of the parties signed by an authorized representative of each party. Page I of 5 Vol. _ oZ%� pg. 2r'ify 1 LF6114118 a SECTION 3 OBLIGATIONS & SUPPORT 3.01 Funding: County agrees to pay to AgriLife Extension through the Hotel Occupancy Tax Funds ("HOT Funds") $50,000 (Fifty Thousand Dollars) annually for five (5) consecutive years as support for the Event. Payment shall be made on (or before) April IB` of each year beginning April 1, 2019 and is intended to be used for that year's Event. Payment is due in one lump sum payment. If tendered by check, it shall be payable to Texas A&M AgriLife Extension Service and shall be remitted by County to the following j address: Texas A&M AgriLife Extension Service Attn: Banking & Receivables P.O. 10420 TAMUS 2147 College Station, TX 77843-2147 Alternatively, payment may be made by wire transfer. For wiring instructions please contact AgriLife Extension Banking & Receivables: Greg Chavarria, (979) 845-7229; Greg.Chavarriaa.an.tamu.edu or Dana Evans, (979) 862-2245 dana.evans@aag.tamu.edu. An invoice will be provided by AgriLife Extension upon request. 3.02 Use of Funds: AgriLife Extension may use the funds paid by County for any expenses incurred by AgriLife Extension associated with the Event. Unspent funds, if any, remaining at the conclusion of the Event each year, will remain with AgriLife Extension and may be used by AgriLife Extension for the following year's Event or any other 4-H related activity. 3.03 Reimbursement: In the event that County remits funds to AgriLife Extension and AgriLife Extension fails to hold the Event in Brazos County during the year for which the funds were remitted, and the failure is not due to a force majeure event, AgriLife Extension shall reimburse to County the funds received for that year's Event. SECTION 4 BRAZOS COUNTY EXPO REWARDS PROGRAM 4.01 In addition to the support set out in Paragraph 3.01, County will provide additional support for the Event each year during the term of the Agreement, beginning in 2019, through the Brazos County Expo Rewards Program. Specifically, County will pay AgriLife Extension up to $12,000 annually, for five consecutive years, through its Brazos County Expo Rewards Program following conclusion of the Event provided that AgriLife Extension complies with the terms specified herein. A. AgriLife Extension will coordinate with County's Experience Bryan College Station ("Experience BCS") to block hotel room blocks for the Event and to track Page 2 of 5 LF6114116 iVol• 02__ %__ —0 use of local hotel rooms by Event attendees. AgriLife Extension and/or Experience BCS will provide County with documentation regarding Event hotel room occupancy within the County following the Event. B. Provided that at least 601 room nights are credited to AgriLife Extension's Event during a given Event year, County will pay AgriLife Extension $12,000 through Brazos County Expo Rewards Program following that year's Event. C. If less than 601 room nights are credited to AgriLife Extension's Event during a given Event year, County may reduce the amount paid to AgriLife Extension through Brazos County Expo Rewards Program that Event year in accordance with its existing Brazos County Expo Rewards Program policies. 4.01. Payment of funds through the Brazos County Expo Rewards Program shall be remitted to the address provided in Paragraph 3.01 above or by wire transfer following submission of Event hotel occupancy each year. SECTION 5 MISCELLANEOUS 5.01 Addresses: Notices required under this Agreement may be sent by United States Postal Service regular surface mail, certified mail, registered mail, overnight delivery, or hand delivery. Written notice delivery is deemed made when the notice is deposited into a USPS mail receptacle, or deposited with an overnight carrier, or hand delivered. County and/or AgriLife Extension can change the notice address by sending to the other party written indication of the new address. Notices should be addressed as follows: County: Brazos County Attn: Carl Kolbe 200 S. Texas Ave., Suite 332 Bryan, TX 77803 AgriLife Texas A&M AgriLife Extension Service Extension: Attn: Stephen A. Schulze 2147 TAMU 578 John Kimbrough Blvd., 51h Floor College Station, TX 77843-2147 5.02 Force Maieure: Any and all duties, obligations, and covenants of this Agreement will be suspended during time of natural disaster, war, acts of terrorism, or other "Acts of God", which prevent a party from fulfilling any and all duties, obligations, and/or covenants of this Agreement. If a party is prevented from fulfilling a duty, obligation, and/or covenant of this Agreement, due to force majeure, the party prevented from fulfilling will notify the other party in writing, sent pursuant to Section 5.01 Agreement, within fourteen (14) calendar business days of the force majeure event or as soon as reasonably practicable. Page 3 of 5 (� LF6114118 Vol. pg. o� Ly 5.03 Parties Relationship: Nothing in the Agreement should be construed as creating a partnership, joint venture, agency relationship, or exclusive relationship between County and AgriLife Extension. 5.04 Applicable Law: This Agreement is construed under and in accordance with the laws of the State of Texas. 5.05 Cumulative Rights: All rights, options, and remedies contained in this Agreement and held by County and AgriLife Extension are cumulative and the exercising of one will not exclude exercising another. County and AgriLife Extension each have the right to pursue any remedy or relief which may be provided by law, in equity, or by the stipulations of this Agreement. 5.06 Non -waiver: A waiver by either County and AgriLife Extension, or both, of any obligation, duty, or covenant of this Agreement will not constitute a waiver of any other breach of any obligation, duty, or covenant of this Agreement. Additionally, the parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that either Party has by operation of law. 5.08 Severability: If any clause of provision of this Agreement is illegal, invalid or unenforceable under present or future law, County and AgriLife Extension intend that the remaining clauses or provisions of this Agreement will not be affected and will remain in full force and effect. 5.09 Entire Agreement: This Agreement contains the final and entire agreement between County and AgriLife Extension, and will not be amended, explained, or superceded by any oral or written communications; unless done so in a subsequent, written, and mutually agreed upon amendment. 5.10 Successors and Assigns: All the obligations, duties, covenants, and rights contained in this Agreement and performable by County will be applicable and binding upon respective successors and assigns, including any successor by merger or consolidation; however, nothing in this provision shall be construed to be consent of assignment of this Agreement. 5.12 Dispute Resolution: Any dispute between County and AgriLife Extension regarding this Agreement will be governed by Texas Government Code, Chapter 2009, Alternative Dispute Resolution for Use by Governmental Bodies, and any applicable Model Rules promulgated by the Office of the Attorney General, the State of Texas. I Page 4 of 5 wauaia va. -� % 6 Pg. ZO 5.07 Counterparts: This Agreement may be executed in any number of counterparts, including facsimile or scanned/emailed PDF documents. Each such counterpart, facsimile, or scanned/emailed PDF document shall be deemed an original instrument, and all of which, together, shall constitute one and the same executed Agreement. EXECUTED the ✓ I s 1 day of July, 2018 by County, by its duly authorized agent. os Coun sy: _: -� Duane Peters County Judge EXECUTED the a 4" day of July, 2018 by AgriLife Extension, by its duly authorized agent. Texas ^A-�&M AgriLife Extension Service By:— Stephen A. Schulze Asst. Vice Chancellor for Administration Texas A&M AgriLife tNL Page 5 of 5 Vol. 7 pg. _ �� LMIC8 BRAZOS COUNTY BRYANJEXAS DEPARTMENT: CC 2018 - Utility Permit - Wellborn Road and Bndge NUMBER: SUD - Ranchero Road - Crossing 2,120 feet SW of Linda Lane. DATE OF COURT MEETING: 7/31/2018 ITEM: Consider and take action on the wellborn Special Utility District utility permit to construct a road bore for a 10 inch water line crossing under Ranchero Road 2,120 feet southwest of Linda Lane. Site is located in Precinct 2. TO: Commissioners Court FROM: Da DATE: 07/23/2018 FISCAL IMPACT. False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS - F' e Name Description Tyjxe Utility Permit_- Wellbom BUD - _Ranchero_Road- Ulilily Permit - Wellbcrn SUD - Ranchero Road - Crossing Crossin_2_720_feet SW of_L' 2,120 feet SW cf Linda Lane. Backup Material 9 _ inda_Lane.pdf Duane Peters County Judge Lot.-,rjf_ Pg. APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WELLBORN SPECIAL UTILITY DISTRICT [Company name], hereinafter referred to as "Com art a TEXAS jstate] 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: Facilitv to Cross Road Facility to Parallel County Road Within Right Of W - WNSTRUCTION TYPE 16" Diameter 1/4" WaIIThickness Material Speciricerion CARBON STEEL 10" SDR 18 RESTRAINED JOINT PVC PIPE WILL BE INSTALLED AS POTABLE WATER CARRIER PIPE INSIDE 'Maximum Operation Pressure 0 PSI STEEL CASING WITH 125 PSI MAX. OP, PRES. The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings, SEE ATTACHED PLAN/PROFILE DRAWING - 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 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk 'of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. pry. v<%� 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 jails 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 responsibilityjar damages and/or destruction of lines, cables, etc, based upon ifs failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the teens of this policy, Applicant stipulates that requisites for bgnnctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. 77ds permit is a revocable permii. Brazos County reserves the right to revoke this permit at airy time, in the sole discretion of Brazos County, for interests of public healthy safety or welfare, or for failure to repair any daarages upon dennand, orfor 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 ApplicanUConpany. Failure to obtain this permit and for notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WELLBORN SUD TECHNICAL CONTACT: CP&Y, INC. d'oa WINN PROFESSIONAL. ENGINEERS AND CONSTRUCTORS DAVID D. STANLEY, P.E. or WALTER T. WINN, JR., P.E. P.O. BOX 2727 LONGVIEW, TX 75606 (903)553-0500 DSTAN LEY@ W INNPEC.CO M TWINN@WINNPEC.COM Company Name STEPHEN CAST By. Lir. F0 Signature GENERAL MANAGER Title 4118 GREENS PRAIRIE RD. Address WELLBORN TX 77881 City (979) 690-9799 - State Zip Phone Number WSUD.SC@VERIZON.NET 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 except as noted below: EXCEPTIONS: oke (Month/Day/Year) Z L.2 �y Brazos County Engineer F . I pg. 0al TEMPORARY TRAFFIC CONTROL PLAN RANCHERO ROAD WATER LINE CROSSING BRAZOS COUNTY This temporary traffic control plan is to be implemented by the construction contractor (Contractor) for the water line crossing of Ranchero Road 1,600 feet west of Linda Lane in Brazos County, Texas. This plan is intended to comply with the Texas Manual of Uniform Traffic Control Devices (MUTCD) published by the Texas Department of Transportation (TxDOT). The Contractor is expected to obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website (www.dot.state.tx.us/business/manuals publications.htm). The work will include boring from property line to property line beneath the roadway and open excavation outside the property line. Thus, all work will be in accordance with the conditions described in the MUTCD under Typical Application 1 — Work Beyond the Shoulder. One sign with the legend "UTILITY WORK AHEAD" (MUTCD Sign CW21- 7) shall be installed on both approaching sides of the roadway 120' from the location of the crossing as shown in the attached MUTCD Figure 6H-1. Vol. -%�O p9. , 7G Figura 6H-1. Work Beyond the Shoulder(M-1) Typical Applicallon 1 611-9 NOIe: See Title 6H-2 far Mc me Ml g of "v (IM PCLN W 5911 $PGCE !Fy llf]S MPHI IFcetl m 35 180 W Q 40 " z4o 45 020 50 400 $8 00 60 600 0.5. 00. 71 Vol. pg_ BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permiitee'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 safely devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. .Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. vol. ��� _ pg �� 3. Plan must set forth the time of completion for the job. D. Design Standards L 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 Teras Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch now line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power -0-2 feet, nominally P Phone -2-4 feet, nominally 3' Gas -4-6 feet, nominally 5' Cable 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; 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; Vol. '2�. / r y 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. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existingfacitities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of tuilities. 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 [VG1- Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines Depth Tvpe of Pineline (below deepest ditch agrade) 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' Mast be covered with concrete pad at least 43"deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Rigbt-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. ',,• ��i I I P1AU VGRK Mao VR -lo AIo 1 u• a Ie• 'ioG �n M I � I {a I o � I s I pv.wllallq GFIw .p/ pe ylll.G 11 IM wt Om iG G uln(a0 1 JO' 1/m IM I IwlGl 1frnIG0 W. [ J Isr M«lam I I B+T I I $ I e actio I $ an ME" A 14 IFlaq• bM.11 I TCP l2 -tel WORK SPACE NEAR SHOULDER Conventional Reads TCP f2-tbl WORK SPACE ON SHOULDER Conventional Roads 11 I I I � I • � � I �1 Ilslln• LEGENa iry.]MrinaL.' •, yut•tlzlr.]O.rint 11143 Iby bF v.plalG� a9 i1fY+1iiY.l ' 1�MIgY1TlanPq eM Y..aVv.51P'1 i SIP - !Mlle Flo Q nm a0 Pwwr I WR •a H ymG I{I !1 Ctlu•IIIPgI hVL YIIY - I INltmr I.glm IL+v wln forma Gfr. _-t•lwglll a! Irq'IFII II.YIIIm vI Wrwllrtl s•IMIIO sv.lnllqu nolo Y{wRp IM YINd I �; furl. 1 *lµ qlM �G�ap fvniM 51A110Yn IUM MSIICYt S1AilOLLlf - Ml�bv a �I Io- II• IS' 1 ( a • Tar' laMl Gltq •e• >a Iso• 1ss• iN• 50• m• 110• m 31 l+'� 1v]• LS' RIS' 75' i0' 1W' 110' 10 i 1fg I51' ]}0' m' Qa' :10' :55' 15 I GYJ' YS!' SIO' G]' 90' 510' 15S' 56 5m' SwIl 600' >D' 100• Ivo- 11v' SS ].01 ssa• IW I i. Ms. .1 rlUO-vf-.p I W ort Im wM m m OG..S hm:SY. • {4v 1M• f0' Im• ICO• ]sa• .1W. 715--713- W' Uv' 410' 0 ]0v' TO' elv' l0' IN' aw 000' 115' 15 afv' /H' SW' 15' 15v' SN' S(v• I WR •a H ymG I{I !1 Ctlu•IIIPgI hVL YIIY - I INltmr I.glm IL+v wln forma Gfr. _-t•lwglll a! Irq'IFII II.YIIIm vI Wrwllrtl s•IMIIO sv.lnllqu m TCP..(2-IQ) WORK VEHICLES ON SHOULDER Conventional Roads Yvlri ..wtionr: t;> """ .mmi« �'eaiN'n` I m m wv1.n c!1[w wm m- ns sm. Me.l m1.4 51w4 ve !.o(flG Ibtl11R mn..r.N TeSa! LLymJUNN T..^M-+•SiiM ' 1Mh MUW Pc+L1 TRAFFIC CONTROL PLAN CONVENTIONAL ADAD SHOULDER WORK TCP (2-1) -12 s TTPICAL USFGE I •pll:. f1A1 1'.dl l[e( IIIIL1q:AR tuc IIAI !� NlGital 51A110Yn IUM MSIICYt S1AilOLLlf - s �I aEllE/l/.L IaDfES ' 1 -rte. nlwMS n.lw.�.Ysn v. AIDllFm 5� z MI 1tmeal b.lt« IIIu0vl.0 w rtafaQ ..wG1 - `I JIVI..11i M. tuIN hlupl. ./ Iqb>ItIro..Cl.lvlq lle Alay C In'.nllin olmYvcY vR •IT fMwq H I'e [pV../. ]. le Ilaclrlal lalen Olmm GNnYU Glhlm (fm ' 1 fnwlro w). � U.6.vnI1M.IM lY etl nlp im•fll/nMlq, IIWK mllialtq m.ffcG. 11QXL A9e1. Ynlol. YI11a IM CwIGM i .uv m/Ib 11 vn n pallinb of b Im Irl in oFcp of IM m of tln GVSGY . IM1uf mRMlr WIFnm le. ' MvTY v Yellh GI IY w4 11 vb'. xG In Icl}r MYmt I h'11Go1 c M GyylllGe:pil� IM1. trtlla m•hnl lG ryln 1+ I I= f�M .COMr eunlhlq u.Im agY i wb111Ne] Y.I.I. Gd rM. IN fw IN S AmlllGvl O4N NI>In.1411wS q p IallllaE .f! LY mM . M llG.. •tun sn wsr a w•.M1 G.rar vs.Goz I MIS -911 t LG MIS -91 Ic wlall(w .wt m ahla5 Mplgt •w..r.ot Mtl i. 1. hall.. vY wlllcta R •ems wtwmt Ivlla a Gw�.S ne- IM A rlUO-vf-.p I W ort Im wM m m OG..S hm:SY. `�mlim �•�ie.'rm I l�rml�aimYllv"nm�itwil�L m TCP..(2-IQ) WORK VEHICLES ON SHOULDER Conventional Roads Yvlri ..wtionr: t;> """ .mmi« �'eaiN'n` I m m wv1.n c!1[w wm m- ns sm. Me.l m1.4 51w4 ve !.o(flG Ibtl11R mn..r.N TeSa! LLymJUNN T..^M-+•SiiM ' 1Mh MUW Pc+L1 TRAFFIC CONTROL PLAN CONVENTIONAL ADAD SHOULDER WORK TCP (2-1) -12 s 12 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2018 - Uhlity Permits - RoadandBridge NUMBER: Magellan Pipeline Company -5 roads in Precinct 2 -20 inch pipeline or DATE OF COURT MEETING: 7/31/2018 ITEM: Consider and take actlon on the Magellan Pipeline Company utility permits to construct road bores for a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw Tap Road, Old Reliance Road, Elmo Weedon Road and Hardy Weedon Road. All crossings will be 10 feet below the bottom of the ditch. Sites are located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: Commissioners Court Darrell Kolwes 07/24/2018 False False $0.00 ATTACHMENTS: File Name Description Tvoe Ubity_Permit_-_ Magellan _Pipeline_-_Rabbit_Lane_- Utility Permits- Magellan Pipeline Company- Backup Material _Pipeline_Crossing_i_060 feet— NV) of_WocdNlle_Rd.pdf Rabbit Lane - 20 inch pipeline crossing Utility _Perntit__MageAan_Pipefine__Dily_Shaw Tap_Road_- UtiAty Permits- Magadan Pipeline Company- Dilly Backup Materiel _Pipehne_Crossing_2_263 feet_NE or_FM_9741.pdf Shaw Tap Road -20 inch pipeline crossing Utility_Permit_-_Magellan _Pipeline__Old Reliance Road- Ulifity, Permits- Magellan Pipeline Company - Old Backup Material _Pipelne_Crossing 1_350_feet_SW _of_Merka_Road.pdf Reliance Road - 20 inch pipeline crossing Uffty_Permit__ Magellan _Pipeline _-_Road- Utility Permits- Magellan Pipeline Company - Elmo Backup Material nwElmo_Weedon_ _Pipe6ne_Crossing_2_350_feet S W_of Broolod_Lane.pdf Weapon Road - 20 inch pipeline crossing UGlly_Permit_-_ Magellan _Pipeline _-_Hardy-Weedon _Road_- UWity Permits- Magellan Pipe'ine Company- Backup Material _Pipeline Crossirg_1.2_miles_NE_of_SH_30.pdf Hardy Weedon Road- 20 inch pipeline crossing Duane Peters County Judge Vol. C22 APPLICATION FOR PIPGLBVEUTILITY PER6IIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS: - - Comes now Medellin P'oel'ne Co moanv LPN-Tex Logistics LLC fcompony nameJ, heminaRer referred to as . "Company^ n Delaware .[slate] Corporation with authority to transact business m Tezas, 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. fail Iv in Cross Rand - Lena th uC TYPE OF CONSCRUCIION - .. Rand Name & Block Number - Cmssm - ' - ' ' ' - - -(CHECK ONE) ... ... namd "' loekcd - ::- Dnven - Cased Rabbit Lane - ... I �8, _ . X .... ... r4canv to P n I county Rod W' h'n R'nht-O Wac Road Name and Block Number ' ": From .,To - '' DI Act - - CONSTRL QMON TYP6 20 Diameter 0.406 Wall ThkU s ':,'� High Pressure Undcrgmund. ❑ Low Pressure Underground . Pipeline(60psi orgreatcr' :: Pipeline(60 psi apcmring.. .. .Mmcriol sPecifralion 'API 5L%60 PSLn ° ' '.:: '' aprrmin9pressum) --:': :`pressure) .. ... - Minimum Yield Sndngth "'60000 psi Maximum Opemtion Preasnrc" 1440 :The location and description of the proposed installation and appurtenances mustbe fully shown on the attached detailed "i drawings The Company shall commenceactual constructionhvork in good faith within 60 days from the date of said permit and shall complete said contraction/work Within IgO '''' working days:-(COMPANY MUST FILL Illi If such . .. construction is not begun by the 60n day, Company will he required to apply for a new. permit - - .Company 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 aiis Permit is d license for permissive use only and that. the placing of facilities upon public ,properly pursuant to this penniCshall 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 lhelaiid to be entered upon and used by the holder and the holder will at all limes assume ris1. k of and indemnify, defend and save harmless Brazos County: from and against any and all loss, damages, cost or e8pns arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and e '.. privileges.:... .: ...: . Arty deviation-from these specifications must be approved by Brazos County Engineer's Office or its designated -.. representative. EXhlhitA High Pressure Pipeline ovor.60 PSI - Barlow Calculation - ::-CARRIER PIPE:."CASING PIPE 1. Outside Diameter In. (D) - 20.000 1: 0utside Diameter in. WA 2. Wan Thickness ,in. (t) 2: Wal17hlckness in. 3. Materiel Specifications ::-: -.. API 5L, PSI2 ;:3: Material Specifications :`. NIA 4. Minimum Yield Strength psi (5)': : >: 60,000 '.. `4: Minimum Yield Shedgth - -': NIA :..'5. Design Factor (p) ":. G. LongitudihaVSeam.ldlnt Factor(E). --.1.0 ... .. : 7. Temperature. Derating Factor(n N/A S. Max. -Operating Pressure psi (MOP) 7,440 psi aa g. Design Pressure (P) 1.461.6 psi The pipeline material and design must meet minimum Federal Safety Standards stated in 49 CFR: . . Liquid Pipoline Part 195 subpart C , P=((2XSx(t/D) )XExF) .'.. i Seam Joint Factor (E): See § 195.106 DesignFactar(F):. See § 195 106 Place Calculation Below. t 0 40 6 P=2 x Sxp X X 2x 60,000 x20.00 x 1 X060 1,453.6 psig Project Name. E. Houston to Heame Pralect ,t8 0 eYs Seal rsx`P �;;': BRDCEA NRD ONAL tl - Engineer's Signature ":: Cate Vol —� 0�. - - BRAZOS COUNTY. TEXAS.:: TitecowlnlneR,�=e�ascaTtv�lmrtePwoxTcwismw�nca ' �vcliw :; d ' - FzaRmrures - LFVS'.@IOSB Falbv� �"N@R�R'Y•N IN 4` 3� . Y�1@IYNLIR .. 2M10i1DSlb - - PPAW. iR•1L1R FI.;E]Ztt SFItN6N>T Yh@k�"�• RCN. RILMVN>TL " F.Vl1TO14WME1 TW 'TW L£0411' Ya W^ .. ��RAp0r L4 FA>TW4 FlP4lle`�MCOOAtLww xgY VICINITYMAP Ml` 'Y W a g o $- w o - t NTS. P —sFrET Lvu .: Y5 .o�A 8g85 8 a:-9 —�—TW fF R>M m SKI - -----TR(F84M. RI nd$ 'S�=^ - _ _ _ _ SIPFnM Q]aF14 tE 4 AR. n —a H1FiIY td� \ M1J C`RFaJE �TFY3fA.'AY � � p LF}�"V6Tf ' NP84>C. `TJ";i ! IIPWWEMf J FASPyFNf � \ + L J \ 1T iIIYA CCR�EPIDf / � /i>PT2WC110.RY Pi / ! �`/ IJRLW ! \ /� Y2YIRODc Pff.' �� PLAN a ,. 400 i ' I 71T. I.. IESFI�>OTFANWI —Sea I' ..PPtlIIL' 360 d W1 . Ea4rNO GMee •I'. _I _ > WY-I .. 360 . -'340 ;,I_-- .. 1,-•'.I-I " - _ 340 ..' SMYJ BOR.%T •]RCP05©$fliYL42 .. PRNGS[D •� ^RYSC2d1EPrt-- 320 .320 1-- _ I 1 77 1+00 200 3P00 4.00 5.00 IS SU D FOR � �PFilldiT - . - PflOFILE '[ E SPECIFlCAAONS-.. ... :.- .. .I.: MlVY6L®ONTEiISSTAT¢FW@I'LL10'l4TESTSTF>iV1Nl)BIiFTIb :.- ..' :CNN£i RS AROM'vLM1ffi VJ3 L6,lIM4LAPSF9E35V14 N10.YN . '.' '6GTSPCVF: C)lrNLX1NEW^�.P.?A^miRG}I 'V9065FtNATIaY. ':::' ':. NL)i 1AW P`.T3 .. .. 2� FIITJ13VR11'd341E`J'dM1NR1YPR'J21ATl1LGM[S TG9MF➢fAON '.... �.':-"iP[iR:EGMIRIGLLYnaTEiT£D'�-. �... SI• EWfT£! :YfTMW OGCSTAL'AMM. ... ..... Pr4}WJ WP'N@9�„YET.CCNIMLTJ•IYWII �iFYf}ACf1IX�i1LN M9 ... . 6LVAMW OFAILWS4ILW N^L:IIW MFAOfWJRYPFiGTO1'nUOIION .. ...A•@GLLTW.9 �. aCM5ffa VRRY CNSrIYSITal AT1AUWa515MJ µLO•..',CO /0. "-.a -...':.... 00 ... '. ..'WNP.WSRTIF.tSf3WJRtlAG WVe (IOMVRSI PPCATDC9W"iR11CtgN. R.I:LW161VNRvyallYaGRgIQli3 YF1SNE0ATT1PlOPWPPE .. .. ". :.. �" ::� -' '.: !: Y0. OIR - ".'.. ♦ . ,:. ..' :. ::..�� .il FS•TLN -.: :' I W _. C1R uTR 49R . 1 -, o, I W/D/10 I 14 m Nn IMF -.'- JS DT CL gAtE OF•'fF�T]Ij '.:' (dTRC ROAD CROSSINGPERM IT lF� MAGELLAN PIPELINE COMPANY L.P. & a �` A .. LONCORIA r V-TEX LOGISTICS .LLC %'OT 12...... 33 RMWIk 'J0' o,l' 04 04/10E. HOUSTON TO 'HEARNE PIPELINE' RABBIT LN s BRAZOS COUNT', 'TX- to Mme: 'CL. tl �' g� me '�;u are .:. 1 seA1a nasi lr] .-,:. oR>xcro �: � A¢T Re•. a�tit'\`u- 'g G� L 10Q ; �. z64432 6949 34BR `.007 .t o. t, .-0 . .P- -- -�--, •- Vol. P9- o u ..................... _.. ... ..:. ._ �. ', �'u '. a:- - 13RAZOS COUNTY ROADWAY SAFETY AND ROAD. - PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauiranarvas I. Adequate drainage shell be maintained in ditches at all times. .. 2. Permittee will use best management practices ("BMP'7(EPA and TCEQ both providc R5ts of examples of.'- BMPs) to minimize erosion and sedimentation resulting Pram the proposed installation - 3.: Thepermittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as fer as practical, in the Opinion of the County Engineer or ' .:.appointed representative ... . 4. The construction and maintonance afsuch utility shall net interfercwiih the property or rights are prior, - occupant. .. ...:. 5. Pemttttee shall not interfere with other utilities located in the right of way. In the event damages occur, -..: peumibce will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permmce's plans- shall inconvenience the public. If it is determined that inconvenience to the public exixs; then the Counry Engineer will decide whether such:.: .: .project will be allowed a if an alternative exists so as net to inconvenience the public. B. Safetp Reouiremenls 1..'Proper traffic control measures must be put in place prior to beginning work and remain in place during thedurefianofthejcb. All tic control measures must follow the Texas Mandal of uniform Traffic Cantiol Devices (TMUTCD).-See Traffic Control Requirecatmi below. During construction, all safety regulations of the Texas Department orTtansporimion shall be observed. 3. Peimittecmust take such precautions and measures, including pincing and displaying safety devices, as ' may be necessary, in oreer to safely conduct the public through the pmjttt oraeCompany shall provide ' Ragmen, signs,signets or devices necessary to provide complete safety to the pubbe. 4: Adequate provisions must be made to cause miniumm inconveniences to traffic and adjacent property 5. :.No cable, eondui[andlar pole line shall be laid, constructed, maintained and/or rep aired so as to constitute a danger orhazard ofany kind to persons or vehicles using such read. Any poles placed in the Right of Way for future installation shall beplacedntihe back of the Right of Way. Exceptions may be approved . by the County Engineer, .. ._'..:;. C Trak Control Pinn .. 1. A rrafric control plan pursuant to die TMUTCD or Engineered Tie c Control Plan must be provided for the following: -.-..' . .. a. .Any construction (i.e. pit, excavation, hole) left open overnight, requires swsiRc nighttime traffic ' >control measures pursuantto theTMUTCD; - c. _ TxDOT Standard Specificalion Item 476 shall be followed for all boring,jacking, tunneling and joinss Ulm 1,1„ aYIRA 6 WAX . mnlr B y / ',.- I Nry •11. Mai .. b R' �rr uri �Iti I I i I I. ! et Rai A 17 °�^'7 il'"m:. � I • : rr J..v' oe — II mnH .rn .un irmaw.' 31 ' .... ;.f .''. .. wo W ,.m .' . °Y ' pl 1111RirP1l. mm ala lll�m��tm..M m..�. s I I, Illy I' y y awe I' � I u x I m,mswwm• 1 nd M Nei r aR9.a I I .... .. I I .' '>+A..r R4 � 1 I yuw "P j eaneaa $ wlm� re.e nrnnes M. 'TRAFFIC CONTROL. PLAN . . .. .' :. _''.: COtNENT[ORAC fl0A0:'. .: .. .. SROIXDER WORK 'TCP 12 -IR) '.TCP 12 -101 TCP (2-1)42 'WORK SPACE NEAR SHOULDER - WORK SPACE ON SHOULDER ':'.:' WORK'VERICLES ON SHOULDER_- RoodR' - Cmventlmal ..CmlveMlanol Roads: CanvmTimol fluads nil i:APPLICATIONfOR PIPELINE UTILITY PERMIT - .:..DESIGNATING -PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: ''THE COUNTY ENGINEER OF, DRAZOS COUNTY, TEXAS - . --- Comes now Mae e flan Pipeline Comoa v LPN -Tex Loaistics LLC[company name], hereinafter referred to as "Company" a "Delaware [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 draivings and diagrams attached hereto and said location described as follows:_- .. ,. .,. Fac'1'Iv la Cmu Roed -.. "Length a[ :. TYPE OF CONSTRUCTION .: Road Name&Block NumbcrCronin - ""CHECK ONEI .. - - .:- .. .. .. Bond Jacked .' - .. Driven Cased . . '.Dilly Shavv Ta Rd. ' Feflly n Panlld County Rmd W Ih n Ri¢hi-Of-Wnv Exhibit A COMMISSIONER COURT MINUTES OF JULY 31, 2018 ARE CONTINUED IN VOLUME 277 PAGE 1 Va. pg 6 COMMISSIONER COURT MINUTES OF JULY 31, 2018 ARE CONTINUED FROM VOLUME 276 Vol. p� 9- i BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY R, General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP') (EPA and TCEQ both provide lists of examples of BMPs) to minimize emsion and sedimentation resulting from the proposed installation. 3. The permitter shall take precautions to avoid damage to property. All County Richt of Way and property shall be restored to its original condition, as far as practical, in the opininn of the Cmmry 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 conning through the right of way. - C 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 05 not to inconvenience the public. A SCAN Renufremenrs 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 Cenral 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 safely 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 previsions 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 my 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 Not of Way. Exceptions may be approved by the County Engineer. - - - G Tmrra 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. ply excavation, hale) left open overnight, requires specific nichnime traffic control measures pursuant to the TMUTCD; - - LVO -11 b. ifconstmetion is within ten (I U) feet ofdte roadway; or e. Any work performed in the mad right-of-way; 2. Plan must he 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 Standnrdr 1. All overhead installations shall conform to cletranm 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 now line when insmllation is within the area measured Imm top of bank to top of bank; - c, be at least fretyxight (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 its (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 tceL 4. Water Lines: All water lines must be a minimum 3&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 greaterofright of way shall he installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of way). Prover -0 to 2 feet, nominally I' Phone -2 to 4 feet, nominally 3' Gas 4 to 6 feet, nominally 5' Cable -6 to 8 feet, nominally 7' 6. Utilities with less than 66 feet right -o( 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. S. Crossings under a county mad shall: a. be bored erjacked, ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing y"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; routingoperations; Vol. pg. _ c. TxDOT Standard Specification Item 476 shall be followed for oil 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 he 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; E 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 ofpavement 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 Engineeror 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 Item catering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather pennitr, e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives, I, no side of lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must becareful 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 oFthe right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition itwas prior to commencing construction. 12. Operation or construction and/or maintenance equipment on the traveled surface ofany improved County road will not be permitted, except in an instance whereby the laying, concoction, maintenance and/or repair of mbles; conduits smaller pole lines cannot he accomplished by any other method and in this event all such equipmentshall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said consuuction and/or maintenance andlor repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide E performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit o letter or"No Objection' &am the Army Carps of Engineers for all designated wetlands and environmentally sensitive lends. E. Emergent, 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 Pa._, { shall notify County Engineer within 24 boors of beginning constmctionhcpairs. 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 erisNne faeilitier 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 ofwiliries I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said rand, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall he 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 Prerrure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI nr greater), whether pertaining to controlled access or non-contralled access installations, should contain the following additional information in the description of (fie permit. -diameter -wall thickness material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum open;ion 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 most be provided on company letterhead and signed by an authorized representative of the company. 4. PetroleumPipelines: - Depth Tyne of Pipeline (helow dearest ditch grade) Snechd Reouirements Encased Pipe Les; than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Nan -Cased Pipe Less than 10' Most be covered with concrete pad at least 481• deep Non -Cased Pipe Greatarthart 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus IB" minimum. S. 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. f1? UMM I Ip]b.lp Cnallrlr. Flwr ' I I Iia wg M rq„N Id r � mn y a1Q I^ 3 OIQ °P ,t, ism y ffl4 3 dei . u� ” q,l. w loornl , !! fi I I ! I I � � i u a,)s v u,• a ]r .u• )m� nr • u w.t � u , nr sP lo� oa� ,q� qr x . � �w,t, I nr • � i omn,l�4a� ^ I OWN. a,m"n ^"rt'o ,n. T I tl iiia nrcwnnr m. rsnu �n •i IW rten t.)1 I "a• •,M1411MawIY MtYI,vrnan)iL 1pll w'—• I f 1 f I ! atdllniq {[ , IM wlw.)il rwilir"u"IIT��Ouvr�l"bill.4nw•I�Au,q I le fl. I Win W, P�.twIlnJL w101wlNqun llvb, y. I N.__=ullr/^Y..ry T`nlgflM IMy)M o�I carry TInIW„wagY a MII.., Mnm,Grir�tinbr.p w w.lnm m u.,.., t I i I is if I ,.•.r`:M.�1.'.:;,m vWmin�ow '�.Y-,YIvm !1•! aI d � ' � I LW1Y'amlp4r•Jm.weW N.eL .,I ! •LJm,nn•Jn l.w ww_,nw,,.wm. u Lwn Tu I nu y I y i ^• .'::,I� I I �iM `ti°"�Ll�ii.'mv`EI^,Y1P' ti I Q � p, (j IQ f oa l alwa �`i Q euo I p. n I Luu c#Tr,� owIMCTrLa�lain' ms TRAFFIC CONTRIX. PLAN CONVENTIONAL ROAD SHOULDER WORK TCP 12 -la) TCP 12 -Ib) TO 12-Ic) TCP(2-i)-12 WORK SPACE NEM SHOULOM WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER RLLJe ConveniionLl Carventivwl owda Canvent1w.1 _— ROM APPLICATION FOR PIPELINE UTILITY PER'YHT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Magellan Pipeline Company LPN -Tex Logistics LLC [company name], hereinafter referred to as "Company" a Delaware [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: Fncility In Cross Rmd Length of TYPE Op CONSTRUCTION Road Name &Black Numhcr Cmssina CHECK ONE) Hand raked DrNen Cnsed Old Reliance Road 80' X Funllhv to Parallel County Road Within Riehi-Or-Way CONSTRUCTION TYPE 20" Diameter 0.406 wall Thickness Material Specification API 5L X60 PSL2 Minimum Yield Strength 60000 nC Maximum Opcmtion Pressure 1440 R High Pressure Underground ❑ Low Pressure Undcrgmund Pipeline (60 psi or greater Pipeline (60 psi operating spanning pressure) pressum) 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 180 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the. filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the jab 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 ngainst any and all loss, damages, cost or expense arising in any manner an 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 Engineers Office or its designated representative. Vol. Pg. % Appmual crCowO E.giames MS.., uta m long az two w.is aft aamplea eppli.tioa u mceWe L Appli.nt agree w.mply wilt all mea of Ne Cowry Cammiasiaama end theCawly Pegleee. in cewu"tion ersald ituWladen coached haemo m BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUTRRMEN'TS FOR WORK CONDUCTED IN RRAZOS COUNTY RIGHTS OF WAY end in.Tamad hart"a lh[rerce.. da the rvcm CampanY/ Bs to aU.N c permb prbr la Thr dmNfmlan ar dao nottntraf(uMides in nmpGan. wUh LuaalklWn re9uuemrM as forth h...ra Ad ATM, lavation. rlc). Conseany assumrz aB f oondel rnp—lbiliy far dmvgeraxdrardrmvakn ofdxc, mbfe; et<bmidapan &JeBur<foramply wlfh BM[m Coxmy "gQ&finenm Applkaet a5rem Ihm IfBm;es Caunry de nanMmo a vlalodon afrhr terror afWu pafky, AppB[artr rapulma rhm egokbrs Jar fe)un[owe tafLf eskv and War Brem Caen¢ 1, mMled fo rrtkfex)ofaing any leadoet by applkonl ekleh kcavvmy fo lkpofL I. TI,k pcmM k o rewcadfe peon&. Bwma Couny reaenv Me rlgbr ro rewbe (hu permlf ai arry dme, H the sale dkoNort alBmua rawy,l rWm^• ofpuDtk Aealeh, coley ar wr/farq arJar/alfa. ro repot any damages upon deco.and, arJoramy olha rtamn dremedau�vkN dy Brcsas Caump. In rhe grove CompanyJaBr u a^m➢IY Mtb any or dl afNr regufrcmenermsdJonh hereto, rhe Caumy may m4surh ankn m L dcmf aP➢mprf9e b [arrgcl mmplkna ]he Cxuuy EnFtnerr fuMrr vetaW Me rtdh(w mote Thu Fe,.V by sxrbaf natlfreatbn to rh<ApplkmWCompany. _ Fallme le obadn thk pemM and/or nadfy the Caunry Enpleerr's OJ)ke wlrhln 24 hours f be8lnn1n8 caMmdlan 'ha .nstfrafe gruaxdsfarJoh sbuedowe. Dy signing below. I corny that I om auib ritel to a oesent the Company listed below, and lhv the Company egreas to tba eonditiort4pmvuiom included in thin pant. Magallen Pipeline Campwy, LP -V-T- Lugws LLC Company Name Riehad Lee /, n By. lld/1/JY — otal Sitwc Savior Pe�iver 1009 N. Fed Rudder Fwy, Su 230 AMd Dryad. Ta. 8302 City Sale Zip 105 530 8375 Phare Nmnber r r Rneil: ter«sv ..a.�u=c.a... srr..�+»......w,�..w«�_... ...........,.._ �.._...____.>_ .._—.........._____._ Y IT..L�� �p �� PIPELI7VE UTUATY APPROVAL Brazos County offers no objection to the pmposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 4-2a— ! Y except as noted below: (Momh/Day/Year) EXCEPTIONS: Exhibit A High Pressure Pipeline — over 60 PSI CARRIER PIPE 1. Outside Diameter in. (D) - 2. Well Thickness In. (t) 3. Material Specifications 4. Minimum Yield Strength psi (S) S. Design Factor (F) 6. Longitudinal/Beam Joint Factor (E) 7. Temperature Derating Factor (T) 8. Max. Operating Pressure psi (MOP) 9. Design Pressure (P) Barlow Calculation 20.000 0.406 API 5L, PSL2 60.000 0.6 1.0 NIA 1,440 psi 1,461.6 psi CASING PIPE 1. Outside Diameter in. NIA 2 Wall Thickness in. NIA 3. Material Specifications NIA 4. Minimum Yield Strength NA The pipeline material and design must meet minimum Federal Safety Standards stated in 49 CFR: Liquld Pipeline Part 195 subpart C P=((2xSX(tID))%ExF) Seam Joint Factor (E): See § 195.106 Design Factor (F): Sae § 195.106 Place Calculation Below: P=2 x5xflxE x F= 2 x 60,000 x 20.00 x 1 x 0.60=1,461.6 prig Project Name: E Houston to Hearne Project Engineer's Signature Date Vol. Z� _ Pg. A0 BRAZOS COUNTY, TEXAS ixEs.imrciaiw_T'3 �4 ctusacapm.axams PPxxmw,¢rxsrcx Qts.Anm4 rou.'c�ssrxEwlen +wf.woar�.pxevzxm�waicvp nnc LGNxI,TSCd[.,ltE fAtGTLRTCICP4PA!((KNE. GOMAGTPEt5LlY5NW9cE1L t.11V4. 11I PRpfCSm NIM2Ri A'a6DT}G1E V+10]Anm1f0 UGSSgG 2%U`b51TdAc1 ' Ynaxum.tu mr�n yx, �m.crns l �-ta4. Pn P -Em PFaT.'W6V1 F/GFlfNi K P G1I- MA P:LMGWAv S Qa `VMAOE Y6t5 Cfl I.M. F.LL'= TP.M1YMi TM 4 a u�l � � 9 � IXlI NEIWA'E.CJ• V/C/N/TY MAP 1-� YLPYE9Ill' ,;� O od LL a � vm'j' p rrave�4 I I 1 i� >xs TPIPXCIF "111�1;A'271, QRAR. 1 oto 1 L PxcPmm - I 1 EASEKJ(1 PpRGPn _ 3Et asp 3<. 1. GtIMGSFD M4TtV9S mMEPwE3 L�c!(0.1L9 2 F]IS!✓J6UI6R1F9AAERI. .: fftEtgU9 GNPp/M.6M! PLAN r=® 11. w so wo zsaaaz - 6949-34BK—W51 OF .;r. ... Vol. W 77 Pg ]7 ISSUED 0R 2+00 'a♦C9 PEWS7R 145G1)MIEI(11CW1p0� PTEIriEVMY�^A� r,y�,.IEI➢IEi�M.4nl M�9:/1p PFOFILE PIPESPECIRCKnONS i+mn cMrarsuwarPmlmp - '^''cY - I EWTNGGiME �mrws c1Pne2w'+=xaamn.a.4nswvnp CMTN1ta WUf9G `J' 62. Ai O. b( 11�RL u0➢JIWP.✓J mi1R� P9d'JLL'GTGGKA1LY PfIQRLitD 11pNAU^ y.LL'cq GE£T 1 AGN STiM1C1ATl CCxuENfICIW.PaR£ PIARY IffbN. D]!9 0 p0 AflSbl 4' o:[ .VPR /PPR a� •-•—•T=+-_--��z uv PPcw;Ef MPb¢N2 \moi. �Pft0if6E'� PM1CYJ:© 1 - aaopca_rn -... ImxvpaaEPlr i 11. w so wo ,TRC ROAD CROSSING PERMIT MAGELLAN PIPELINE COMPANY, L.P. & V—TEX LOGISTICS LLC m't ,a Gle aaro�/ o E. HOUSTON TO HEARNE PIPELINE — OLD RELIANCE RD nr Gx: , . BRAZOS COUNTY, TX I , �� N q Alyce -1cove zsaaaz - 6949-34BK—W51 OF .;r. ... Vol. W 77 Pg ]7 ISSUED 0R 2+00 'a♦C9 PEWS7R 145G1)MIEI(11CW1p0� M�9:/1p PFOFILE PIPESPECIRCKnONS i+mn cMrarsuwarPmlmp - '^''cY - o�4:vPKlpP:pm �mrws c1Pne2w'+=xaamn.a.4nswvnp CMTN1ta WUf9G `J' 62. Ai O. b( 11�RL u0➢JIWP.✓J mi1R� P9d'JLL'GTGGKA1LY PfIQRLitD 11pNAU^ y.LL'cq GE£T Y TgOP'NiN4iR1*1 STiM1C1ATl CCxuENfICIW.PaR£ PIARY IffbN. D]!9 0 p0 AflSbl 4' o:[ .VPR /PPR a� ,TRC ROAD CROSSING PERMIT MAGELLAN PIPELINE COMPANY, L.P. & V—TEX LOGISTICS LLC m't ,a Gle aaro�/ o E. HOUSTON TO HEARNE PIPELINE — OLD RELIANCE RD nr Gx: , . BRAZOS COUNTY, TX I , �� N q Alyce -1cove zsaaaz - 6949-34BK—W51 OF .;r. ... Vol. W 77 Pg ]7 m a BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Repulrements I. Adequate drainage shell be maintained in ditches at all times. 2. Permittce will use best management practices ("BMP' (EPA and TCEQ both provide lists of exampies of BMPs) to minimize erosion and sedimentation resulting fmm the proposed irsudlation. 3. The perminee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, m far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfe¢ with the property or rights of a prior occupant 5. Permittee shall not interfem with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County ornther utilities running through the right orway. 6. County Engineer shall determine whether or not permittee's plons 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. R. Safer+ Reaairements I. Proper traffic control=asures must be put in place prior to beginning work and remain in place during the duration ofthejob. All traffic control measures must follow the Texas Manual of Uniform Traffic Central Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations ofthe Texas Department orTransportution 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 most be made to cause minimum inconveniences to traffic and adjacent property ovvnem. S. No cable, conduit amdlar pole line shall be laid, constructed, maintained anrVor mpaimd so as to eonstirate a danger or hazord of amy kind to persons or vehicles using such road. Any poles placed in the Right or Way for future installation shell be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Trufrc Co"Vol Plan 1. At raffic control plan, pursuant to the TMUTCD or Engineered Traffic Central Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hale) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; voce. -4 7 pg. i b. If censtruction is within ten (10) feet afthe madway; or C. Any work performed in the mad rightoFway; 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 far the job. D. Damn Srondordc I. All overhead installations shall confarm to clearance standards of the Texas Department ofTmnsporiatiun and the pole be placed in the designated area for power specified asset forth in the Teras U10ider Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside ofthe 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 am minimum depths- utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement: h. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of hank to top of bank; c. beat least forty-eight (48) inches below ditch flow line if low pressure gum petroleum lines. For high pressure gas and petroleum lines, se_ High Pressure Pipelines requirements listed below, d. not be closer then 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 3i-htches 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 ofright of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from beck ofright-cf-way). Power -0 to 2 feel, nominally V Phone -2 to 4 feet, nominally 3' Gas - 4 ro 6 feat, nominally 5' Cable -6 to 8 feet. nominally 7' 6. Utilities with less than 60 fc trigh4af--way in all new developments shall install the utility ina similar manner as referenced in No. 3 atmve; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length ofanytrench to be opened in advance ofthe 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 boned orjecked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure &muted for the Poll length of the crossing iJ[he 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; Fol. c. TxDOT Standard Specification Item 476 shall be followed for ail boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper tmPric control measures in place. See Traffic Control Plan listed above, e, 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 mote than S 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 pmlec( pavement integrity, E based upon sail conditions, the County Engfnrror 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 fallowing: a. location most be approved by the County Engineer or his representative b. backftled with cement sabilimd material. c. bas.. -d upon soil conditions, the County Engineer or his representative may require shoring to prolect 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 watercannot 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 restated to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to sill voids under the base and pavement materials is allowed. IL Company must be careful to notjeopardize the slope or integrity of the sme dda ofthe road. In the event Company damages the slope, shoulder or any other portion ofthe right aF--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 an the traveled surface of any improved County mad will not be permitted, a ccept in an instance whereby the laying, construction, maintenance mdlor repair of cabtes, conduits and/or pole lines cannm be accomplished by any other method and in this event all such equipment shall be ofthe rubber tire variety. Appropriate traffic control shall be provided meetingTMUTCD requirements. 13. In the event said construction audlor maintenance and/or repair requires Company to remove, cut or jeepmdize any section of the road (asphalt, cement, read base, etc.), Company will be required to provide aperformance bond or lenerofctcditsecuringnecessary 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 ell designated wetlands and environmentally sensitive lands. E Emereencv we I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify, the County Engineer priorto conducting emergency repairs, Company Vol. . �2 % p9 shell notify County Engineer within 34 hours of beginning mnstrvetionlrcpairs. 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 contrals used. F. Repaint is erisflntt acillliet 1. Maintenance and(or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall net be performed until plans describing such maintenance and/or repair have been approved by the County Engineer ar its de signaled representative and a permit has been obtained. C. Relocation olmilirier L When and if the County Engineer determines that it is neersary for the construction. repair, improvement, alteration ar relocation of all or any portion of said mad, any or all Poles, wires, pipes, cables or other facilites and appurtenances authorized hereunder, shall be removed from said rood, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the Cowry Engineer and Utility Company, and at the expertise of the Utility Company. H. High Pressure Pineliner 1. All utility Permits for high pressure pipelines (generally 60 PSI agrmter), whctherpermining to controlled access ornomcontmlled access installations, should contain the following additional information in the description ofthe PerniL ` -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 mat be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tome of Pineline {below dem of ditch and el Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at hast 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete ped at least 48" deep Nan -Cased Pipe Greater than 10' No concrete pad required - - Concrete pad shall be minimum of 3" thick and width shall be pipe d'iameler plus I a" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-or- Way. ight-OFWay. Transmission lines have been determined to be pelmleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road, 6. Natural Gas Distribution is aline that serves the final customer. vol. Z 77 pg. fit E( ;% Par ; Par � sE• g 6-F 3 iFEhi e's's B a e x B ri jig; its f ��Sz fi. of 21 it ��4. JiJ P sa t 9? ees S Ap3°Y� ��i-F•i eld �Ji� °gJ £ce E'pB ?oo'� � 8 v6'd FEF c 16a1' p ll -E n' fill H z alQl i ul�j4 - E S 5 Es.s 7 _ F E: 6€ E €�pp— Edli a'�G�4 c_i.}.FFF sF54 i.A.�g iiq$ isFen cEy bpitas E - INBrJ��i�J tiU blb t: �pp6 •tl Chit° °(°yLHbb ghYFl E.p EFEtl flfl• J @a ES go Q ip p- I E .CR u v — _ — _ _ — N� p Z C O_ N .iia Er -S w c �.J EilES�€���: J LJ6s3 19 J¢ Q It 1663 all �yaA W {� L iii Ida @s �eEsE: 3 vol. Z 77 pg. APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PCACEMF.NT OF UTILITY TN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Magellan Pipeline Comoanv LPN -Tex Logistics. LLC [comp inynnme], hereinafter referred to as "Company" a Delaware [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: racilim to Cress Road Length of TYPE OF CONSTRUCPION Road Name &Block Number Cromin -(CHECK ONE) Bored )-ked I Driven Cased Elmo Weedon Road 80' X Fadliwto Parxlld County Road W'Ih'n R' h -CT -W CONSTRUCTION TYPE 20" Diameter 0.406 wall Thickness Mmcrid Specified. API 51, X6n PSLI Minimum Yield Strength 0,000 psi htaaimum Operation Pressure 1440 High Pressure Undery and ❑ Low Prcuum Underground Pipcline(60 psi or Bremer Pipeline (60 psi operating operatingpressure) pressure) The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. _ The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction Avork within 180 1 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60" day, Company will be required to apply fora new permit. - Company declares that prior to filing this application, it has ascertained the location ofall 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. . FVol. 7i _ Pg / d Appmvd orC.amy Engineer's Office moyuke u longutwo wokshBammplele epplimilon is received Applicant egrea to comply% tdlcola eftheCmmty Covmdulanm end the County P.O. in on.us,th. ofziid iwdlelim ettrrhed haeo of BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAVFION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY end irKnryomid herein for areROft. r. the evrm Compo ffemr to obtain . pnm8 prior to the btueiz u. or dau not Imem.dmda in oe.'Rwee ,vbh hene8mlen MquircmeM ret f0M Amin R& ekpdr, lacmfu., «r). CbV&V amenia mlfln4ndefrap eoUltiyfar dmnoga andordramedon afWet, cable; ale bmedupon mrfamarefo pomp/y nmh Brame Coontyrzqulreme= Applkont eyrea lAm I/8myr Coump denronliFLa a vlaledon eftbe «rm ofrAb polkY, Applkam Npubtu elm nqubba for fn/en¢Ne n lkl e><u end bas B. County h r a ro reRrfc phe g arty eondup by oDpl/mu whkb b ean¢ary to thrpolklm MY pemdt is a macabk perntb. Eramr Ceumy muco,, Oe fig, m r /te lhb petmb m a%' dnr In dr rale d.aetbn efBrarn Co-ly-JeI!motet¢ Ip blk A0Ink 1411p or,veIt, ". orlorfy.e to tgm ah any doeyto upon demand. arfom any mho nam. deemed oh7deN IF Banes Co. Il, Tn the arm Comyortyfamr b rams!, Dish any or all ofthe rzqutraear¢ on rufoM Amin, the Co.my may We sua "Is" or m damn off-l"ble m eolnPef t-.mymo tes The a—IF Engine AM1,e1 metal. Ne rlyhl to resale aft F¢mm by rcrbal natikodon to the Applk.WCom{eny, Failure m nbble'Ab ponied ood/ot n¢6� she County Enytneet's Offer n/Nin 24 Aoum of brybminy e.mra¢lon sham combategrvundrfajeb rhafdrwn By Arming below, I eWily Out I em ouV crime m repmsat the Company listed below, end dw the Company oyrtes to du condiumu/pmvioiom included in Ws permit- -tenon Pipeline Comp.ef, LP-V-T.Logistim, LLC Company Norne Rickod Lea By: %� 4-�-- Siwiam Seniorpermieer 1009 N. E¢1 RwLke Fv ,Ste 230 Add. . Bq., Tr_ 83002 City Stn¢ Zip 4055709375 Phone Number deaomfsnv.mm Email: PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed 'location �of the utility in the County right orway as shown by accompanying drawings and notice dated 4 —d-3 —i O except az noted below: (Month/DayNear) EXCEPTIONS: vBrazos Count.y Engineer Vol. �7 p9. Exhibit A High Pressure Pipeline — over 60 PSI CARRIER PIPE 1. Outside Diameter in. (0) 2. Wall Thickness in. (t) 3. Material Specifications 4. Minimum Yield Strength psi (S) 5. Design Factor (F) 6. Longitudina9Seam Joint Factor (E) 7. Temperature Derating Factor (T) 6, Max. Operating Pressure psi (MOP) 9. Design Pressure (P) Barlow Calculation 20.000 0.406 API 5L, PSL2 60,000 0.6 1.0 N/A 1,440 psi 1,461.6 psi CASING PIPE 1. Outside Diameter in. N/A 2. Wall Thickness in. N/A 3. Material Specifications NIA 4. Minimum Yield Strength N/A The pipeline material and design must meet minimum Federal Safety Standards stated in 49 CFR: Liquid Pipeline Part 196 subpartC P=((2xSx(t/D))xExF) Seam Joint Factor (E): See § 195.106 Design Factor (F): See § 195.106 Place Calculation Below: P=2 XSx77X E X F=2X60,OOOXZQQ6X 1 X 0.60=1,461.6psig Project Name: E Houston to Hearne Project Engineer's Signature Date Vol. %7 Pg. 234V"Vl 2EC 260 2FA 240 24C 133UEO FOR Tar canvs�uricw.cecu� PERlAR PHOFIIF r•mx - wlz+/�R 1IIP PIPESPECIFICATIONS nat ra.. ••�—vh ,iura3T— O:StlHFM. p2Cm . ,. GT61wS'D CNT9ACTIAIfPW.9 RVR4![{TCiYQlFY.111NNNOiFJS GPJIIFA NEH'C 6v2'ti N1&1RF9] 6f.iEFIM1S9.CENfGLIIYLUl FfOf•(ERi=JFRCN W3G]S9r A11N1 CG1TR1{N19�L WV N44N. 2 daTN %=AFEGM(YAC9:;7 SLW.TEILG.ICH®EMfrL fr1CN AtN_IANFSp RENGLLSVN9 AYJ 6W1'G.[MfIWLlORA11LL\9WYIXM(lVal1ONAYC '.6tNLWFFEt FX'LNEGTXONCN1VflVRLIED C_NAIKN G'/:LOSICJp XT,1 .l4MFA OPV.9IIXPM1Q'110 fOJG�n11C1AX NLTpp Of VGI1llA10Y MOLVLTFLt4pNEG4l ry.i MYVQyvYSpi.VHN�pRy.'11R.IfV C0.YIWMI:LLPgFE IANPNY^ATl[/.TIN9WIVOMYJ IM �CLL"61 PF%4i Tp[Wu—iN.CI1Pi W b 0 60 1/iLY)C4VYCFlfIP•yW'01pR3\L`.V,IIOATMTCCFp6C N0.1 Gi .. M1flELX IN CKK�'� Mlfl A^P 1, TRC ROAD CROSSING PERMIT :++ m MAGELLAN PIPELINE COMPANY.-L.P. & "+ V—TEX LOGISTICS .LLC m, or az w !'R E. HOUSTON TO HEARNE PIPELINE — ELMO WEEOON RD BRAZOS COUNTY, TX . oiRa k w2 scu[ FR0.RT N0. uuxw xo. HQ\T aPr. Z b nnm w,c emrt:: BR -004 .I OF f o "^ va. Pg. BRAZOS COUNTY, TEXAS itecartwcicn4GsarrorvYH•A2ll5t,4.Pt:YHN0."i4"FRmmcacmcr'.an (]% pG AeX' i /� Rsnu.6wRrfR TESiIGp:E1l1VW. mamPUTFs .. : r � .+ uiu.:s —_ r4¢oan i I Y.I �lIP2RIT �F%blh 4N (PpS� lf. A9 S4N 2%�ISIit(a^r Y�1Vt1654bd " �O�a azzm emHm F. iCT F<SE'Y.iTnItclR 6wiv 1c 6 WAY LRY. nCl•EFrt " 1%�liiT.{81W V�IPI`NIlAS i p N1•:YIIm F PV, TOYYU{ET 1W TG6&.v. M,H:t.ILLM m ywr. yep 2 . NAOA,W '. GISf'J!G Pi'611C y ��pRyQ I'lE S Z �#6 C O ��4ccc'' � uFl r' ��AA➢RW ,VICINITYMAP � aWoo —ixf o —*—itt ar azx _ ga N.T.S. — Rcxr a w>r —a— FRVEalVP4E — _awe cenErcuE E 3 ' Q P'X.LCIE9 3 fm YFR Ni1C LlLE I _ i T �� iFL`WYE E� r --- L— I--- "W T --I I 1 T. —I 234V"Vl 2EC 260 2FA 240 24C 133UEO FOR Tar canvs�uricw.cecu� PERlAR PHOFIIF r•mx - wlz+/�R 1IIP PIPESPECIFICATIONS nat ra.. ••�—vh ,iura3T— O:StlHFM. p2Cm . ,. GT61wS'D CNT9ACTIAIfPW.9 RVR4![{TCiYQlFY.111NNNOiFJS GPJIIFA NEH'C 6v2'ti N1&1RF9] 6f.iEFIM1S9.CENfGLIIYLUl FfOf•(ERi=JFRCN W3G]S9r A11N1 CG1TR1{N19�L WV N44N. 2 daTN %=AFEGM(YAC9:;7 SLW.TEILG.ICH®EMfrL fr1CN AtN_IANFSp RENGLLSVN9 AYJ 6W1'G.[MfIWLlORA11LL\9WYIXM(lVal1ONAYC '.6tNLWFFEt FX'LNEGTXONCN1VflVRLIED C_NAIKN G'/:LOSICJp XT,1 .l4MFA OPV.9IIXPM1Q'110 fOJG�n11C1AX NLTpp Of VGI1llA10Y MOLVLTFLt4pNEG4l ry.i MYVQyvYSpi.VHN�pRy.'11R.IfV C0.YIWMI:LLPgFE IANPNY^ATl[/.TIN9WIVOMYJ IM �CLL"61 PF%4i Tp[Wu—iN.CI1Pi W b 0 60 1/iLY)C4VYCFlfIP•yW'01pR3\L`.V,IIOATMTCCFp6C N0.1 Gi .. M1flELX IN CKK�'� Mlfl A^P 1, TRC ROAD CROSSING PERMIT :++ m MAGELLAN PIPELINE COMPANY.-L.P. & "+ V—TEX LOGISTICS .LLC m, or az w !'R E. HOUSTON TO HEARNE PIPELINE — ELMO WEEOON RD BRAZOS COUNTY, TX . oiRa k w2 scu[ FR0.RT N0. uuxw xo. HQ\T aPr. Z b nnm w,c emrt:: BR -004 .I OF f o "^ va. Pg. i maw Rsnu.6wRrfR TESiIGp:E1l1VW. ��' � —_ b WCE i I �F%blh 4N �RiCP¢i'.D S4N ..• �. ffiCP05'�D-- g�gpEyr� �O�a azzm emHm LRY. nCl•EFrt " i i i 1 234V"Vl 2EC 260 2FA 240 24C 133UEO FOR Tar canvs�uricw.cecu� PERlAR PHOFIIF r•mx - wlz+/�R 1IIP PIPESPECIFICATIONS nat ra.. ••�—vh ,iura3T— O:StlHFM. p2Cm . ,. GT61wS'D CNT9ACTIAIfPW.9 RVR4![{TCiYQlFY.111NNNOiFJS GPJIIFA NEH'C 6v2'ti N1&1RF9] 6f.iEFIM1S9.CENfGLIIYLUl FfOf•(ERi=JFRCN W3G]S9r A11N1 CG1TR1{N19�L WV N44N. 2 daTN %=AFEGM(YAC9:;7 SLW.TEILG.ICH®EMfrL fr1CN AtN_IANFSp RENGLLSVN9 AYJ 6W1'G.[MfIWLlORA11LL\9WYIXM(lVal1ONAYC '.6tNLWFFEt FX'LNEGTXONCN1VflVRLIED C_NAIKN G'/:LOSICJp XT,1 .l4MFA OPV.9IIXPM1Q'110 fOJG�n11C1AX NLTpp Of VGI1llA10Y MOLVLTFLt4pNEG4l ry.i MYVQyvYSpi.VHN�pRy.'11R.IfV C0.YIWMI:LLPgFE IANPNY^ATl[/.TIN9WIVOMYJ IM �CLL"61 PF%4i Tp[Wu—iN.CI1Pi W b 0 60 1/iLY)C4VYCFlfIP•yW'01pR3\L`.V,IIOATMTCCFp6C N0.1 Gi .. M1flELX IN CKK�'� Mlfl A^P 1, TRC ROAD CROSSING PERMIT :++ m MAGELLAN PIPELINE COMPANY.-L.P. & "+ V—TEX LOGISTICS .LLC m, or az w !'R E. HOUSTON TO HEARNE PIPELINE — ELMO WEEOON RD BRAZOS COUNTY, TX . oiRa k w2 scu[ FR0.RT N0. uuxw xo. HQ\T aPr. Z b nnm w,c emrt:: BR -004 .I OF f o "^ va. Pg. vol. Pg. �3 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A Cenral Reauirementr I. Adequate drainage shall be maintained in ditches at all times. 3. Pertnille 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 perminee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as for as practical, in the opinion of the County Enginceror 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 orway. In the event damages occur, parmittec will be liable to the County or other utilities running through the right orway. 6. County Engineer stall determine whether or not perminee•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 allemative exists so as not to incanvenlence the public. B. Safov Reanirements I. 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 Manuel of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below, ? Duringcomauction, all safetyregulatians ofthe Texas DeparhnentofTmasportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displayingsafety devices, as may be necessary, in order to safely conduct the public through the pmjcct 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 tragic and adjacent property owners. 5. No cable, conduit andfor pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hamrd of any kind to persons or vehicles using such road. Any poles pined in the Right of Way for fumm installation shall be placed at the back ofthe Right of Way. Exceptions maybe 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 fallowing: a. Any construction(i.e. pit, excavation,hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. X77 p9. -�- b. If conamcdon is within ten (10) Feet of the roadway; or c. Any work performed in the mad right -of --way; 2. Plan must be attached to the permit and keptai the job site any time work is being performed. 3. Plan most set forth the time ofcompletion 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 prnvcrspecifted as set forth in the To, Utilities Code, Section 181.0445. 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 eppmprk m location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installetions shall (these cru minimum depths — utility may place deeper): a. be placed at a minim um depth of farcy-eight(48) inches below the top of the pavement; b. he 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 rcquimmenls 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 most be a minimum 36-inchesWow the ditch flow line and cased. Waledines shall be cased ifcrossing 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 oFteiliry. The locations shall be as Follows: (measured from hack ofright-of-way). Power— 0 to 2 feet, nominally I' Phone -2 to feet, nominally 3' Gas — 4 to 6 Feet, nominally 5' Cable -6 to 8 feet, nominally 7' 6. Utilities with less them 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 ofeaeh utility location. 7. The length of any trench to be opened in advance orthe pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. S. Crossings under a county mad shall: a. bebcmdorjacked.A85OLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the creasing ifthe annular space between pipe and easing end 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 operatiors; Vol . 2 P9. Cg� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, mmmcling and joints. 9. Bare 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 len (I D) feet From the edge of pavement without prior approval from the County Engineer or his representative; d. when pits am to remain open for more than S 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 conditiam,the County Engineeror his representative may require pits be placed Further from the edge of mad. 10. Any installation within ten (I O) feet of edge of pavement shall meet the following: a, location must be approved by the Counry 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 wmerand mud shall be removed from the trench prior to backfilling. Any backfill placed during a miny 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 at lateral tamping to fil I voids under the base and pavement materials is at Imved. 11. Company must be careful to notjcopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the righboFwey, Company will be responsible for repairing the damage and replacing the right-or-wny 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 mad will "at be Permitted, except in an instance whereby the laying, construedon, rrwintennnr_ end/or repair of cables, conduits and/or pole lines cannot be accomplished by any othermethod and in this event all such equipment shall be of the rubber tire variety. Appropriate ttatr,c control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/orrepair requires Company to remove, cut or jeopardize any section ofthe mad (asphalt, cement, road but, etc.), Company will be required to provide a perfomance 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 Amy Corps of Engineers for all designated wetlands and environmentally sensitive lands, E Emereenev Kwrk I. In the event Company is required to perform emergency services, that requires excavation in a County flight of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company VN. Pg. . shall notify Counry Engineer within 24 hours of beginning coa mcdon/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. Regain to Girt F (c)lftles 1. Maintenance and/or repair W existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be Pcrfomed undl plans describing such mainlenance and/or repair have been approved by the Cc only Engineer or its designated representative and a permit has been rbmined. C. Relocation oruQjtjes 1- When and if the County Engineer determines that it is r= ssnry fo the construction, repair, improvemen alteration or relocation oF¢II or any Portion of said motto any or oil 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, mid at the expense of the Utility Company. H. H)yh P tau pml,— I. All utility Permits for high Pressure pipelines (generally 60 PSI or greater), whether pertaini controlled access or non -controlled occas installalions, should contain thng to e following ertaininel infoion in the description rfthe pemit - diameter -wall thickness -material specification -minimum yield strength - -noldna m operation pressure of the pipeline 2. With the exception ofthe maximum operation pressure oFthe pipeline, this information i; to be supplied . _ for both the carrier pipe and the casing. - 3.. Assurance must also be given that the installetlaa mmerinl and 5design meet the minimum Federal SafetyStandards for Liquid and Gas pipe Lines. resign must be provided on company letterhead and signed by an authorized representative of the tomoany. - 4. Petroleum Pipelines: Depth _ Tyne of P'oel'n Ibetowd rest dishy d7 Snecal gegairemenjS Encased Pipe Lest than 10' Most be covered with concrete pad at least 36" deep Encased Pipe 'Greater than l0' No concrete pad required Non -Cased Pipe Less than 10' Must he eoverid with concrete pad at least 48"deep Non -Cased Pipe Grcmer then 10' No concrete pad required Concrete pad shall be minimum of3" thick and width shell be pipe diameter plus lS"minimum. S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lues have been determined to be petroleum pipelines (which includes natural gas lines) and shell not be parallel to a County Road. - 6. Natural Ges Distribution is a line that serves the final customer. VM.'_ pg. APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Magellan Pipeline Comoanv LPN -Tex Logistics. LLC [company name], hereinafter referred to as "Company" a Delaware [stare] 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: Evility to Cr." Road Length or TYPE OP CONSTRUCTION Rand N:uned Elock Number Crossine (CHECKONE) Opted Jacked Dnven Cased Hardy Weedon Road 80' X Padlily to Parallel County Road Within RMI-OrWav CONSTRUCTION TYPE 20" Diameter 0.406 wall Tnictuxw 1$ High Pressure Undergmund 0 Law Pressure Underground Pipeline (60 psi or greater Pipclinc(60 psi opening Material Specification API 51, X60 PSL2 operating pressure) pressure) Minimum Yield Smngth 60000asi Maximum Opemdon Pressure 1440 - 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 180 working days. (COMPANY MUST FILL ITV). If such construction is not begun by the 60'^ day, Company will be required to apply fora 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}ob 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 orC.,y Engln s Olfia my Idm m long m two weeks e0treamplek epplieation Is sectived. Applies agseo M wmply wi,, dl role of d o Coaly Commissioircn end the Coamy Faljoeer in cor mucdon OF aad imtdlorion attached ba to a BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUfREMENTS FOR WO" CONDUCTED IN BRAZOS COUNTY RICRTS OF WAY and inempor: d b=in for mfemae. In The am, Company fait m obmfn o perm& Friar to rhe blue diad or doe not l V.0 vd!&I- M dompliw%d aW fMaB.Clon rtquvasrmsa+a fomh Aereta (L& depth, laeadon, ere), QoapmN am:ma d(ffnandd rmpondNBN for damages an Nm de mcdon njlfa4 eU,,on, bmrdapop(ofallure m comply nal Brrar County raqufrrmetoo ,sppikonf ogrm 1hm /f Bm County drmomoser o vfamdan ofehr rams a/Ga'U", Applfean, Npuksa rhm nqv&&e far MjunMre rdk/redo and that Bma+ County Is odatI to refkf mfalMng any mndua by opPlkam whkh k W.Mmy to dcpatkle. Thk prrndr tr a rcweadk permk Bnm+Co J reser,- lly rd rcsake Wk Fero& m any tlme. La dye sale Quneffon olBmr+Gunty, farlmaear ojpab&lk beer&h, mjrry o' " wrlforc, orfar/a Burc m rrpob any duma:a ✓port demand, -,fl, asrydhanmun dremedrvjfl&df b/Bmos County. In fFe evrnr Company/aBr m rompN w&h any oral oJfAe rsqu&enenomxlfonh Fad-, Ne CaunN asay mlrsueM1 omit- m B dernu yyropdme m tompcl campllans 7Ae Caamy FaBmra/uMa ravW de rfgh! la make thtr Pemill dy,vdd nIX�lkn to Ibe Applkartf/Comyaq. Falmre to abkM this penmll an Nor nmijy 4c Coumy Engmrei f Office n&fiin I! have a/deglnning emrrvulon shalltones kgroundrfarjahshurdowm By siging tviaw. I ratify dws I oro auiharired to "—at dm Compvry Iiskd bdlaw, and 6w the Company apse m the eand'iuonelanvisi < included in thD pecmiL m.&aU n Pipeline Con party. LP -Y -Tax Logisdm, LLC Compvty Namc - Rithv/ddl By. — Sicime'varLir/ SodforPrnolkt 1009 K Ferri Rudder Fwy Sid 270 Addtcm DNart. Tz 83002 Cly Sime Zip 405520837S Phone Number deer f Email: Vol. aS � 7 � �,�' -�6 I i PNELINE UTILITY APPROVAL Brazos County offers no objection to the proposedof ftlocation fothe utility in the County right of way as shown by / accompanying drawings and notice dated 't' ��`! 8 except as noted below: (Month/Day/Year) EXCEPTIONS: Exhibit A High Pressure Pipeline — over 60 PSI CARRIER PIPE 1. Outside Diameter in. (D) 2 Wall Thickness in. (t) 3. Material Specirlcailpns 4. Minimum Yield Strength psi (S) 5. Design Factor (F) 6. Langiludinal/Seam Joint Factor (E) 7. Temperature Dersfing Factor (T) B. Max. Operating Pressure psi (MOP) 9. Design Pressure (P) Barlow Calculation 20.000 0.406 API SL, PSL2 _ 60,000 0.6 1.0 NIA 1,440 psi 1.461.6 psi CASING PIPE 1. Outside Diameter in. NIA 2. Wali Thickness in. NIA a. Material Specifications NIA 4, Minimum Yield Strength NIA The pipeline material and design must meet minimum Federal Safety Standards stated in 49 CFR: Liquid Pipeline Part 195 subpart C P=((2xSx(UD))XExF) Seam Joint Factor (E): See § 195.106 Design Factor (F): See § 195.106 Place Calculation BeloW: P=2xSxflx E x F=2x60,000 x 0.406 20.00 x ix 0.60=1,461.6 psig Project Name: E. Houston to Hearne Project Engineer's Signature Dale Vol.. a � --- F'�• �Jzo2 8 2E, 211 BHAZOS COUNTY, TEXAS ISS UCD FOR iMER]TM.IVII N�ISfM �GVEli G'Al1ry NIb4i5 PItp1111GWTiNx.'M1^!L ,w O�G�,-�� ••� PR F! a/npa PwexuaPxsx 1.a4IDNiGV PIIOPJSm � CPDS^AO I 1•-z>v mrtivm: �aorr cv CEL•CII faCf41L6S1 r-,arzr6hm BRAZOS COUNTY, TX �:"�' �� 'w mm zx.+ewcemt faarecxn, ; r' PF.2w. P`AtiENI [SSEMMaR1(ili a'war fM11NEGi1bCCAtLYPfl01E� PNP•Y`� ax-srrsafu y-Imm1=1 t wM1m N'E'DC:I FCN fJ^v11F yY yI3Y ' _ 1 '+ rowNSm;aba rtG f.tt fbat i01L:1LR T-m-1� 0.N1 S iI QQ>•i C1LLFX u � �:r FYJ SSNL PJII:fE E � a C3iCpEF%@ •�. „• e i s T\— �PRCfYY+m —.—' `P.r_•Fcmma SPPCl1M15 7 g5 `acvr, VICINITYMAP r w WAY —.—iFY.A1Y u`E r — Wb[F•ffFRL•t: a P FIUFJt I��C Anc' � J•• 1 � �� iFIfPI,Pv^ S � r µ• y. -- -I-� L _ PrlOP03mW:_R�— WWlSP3CE Y'A'L aCFEPR 8 2E, 211 aeg 140 PLOW ISS UCD FOR ,w PER3VT I N PR F! a/npa PwexuaPxsx ' PIPE SPECIFICATIONS I 1•-z>v mrtivm: �aorr cv CEL•CII faCf41L6S1 Y¢sr�.oiewwaut BRAZOS COUNTY, TX •Itl•wLKISAI iJ] aeg 140 ISS UCD FOR 1 _crn nnowi acaf PER3VT I N PR F! a/npa PwexuaPxsx ' PIPE SPECIFICATIONS I 1•-z>v mrtivm: �aorr cv CEL•CII faCf41L6S1 Y¢sr�.oiewwaut BRAZOS COUNTY, TX •Itl•wLKISAI iJ] �� 'w mm CAGARHIPIiFu�•4 N-0P:,,.a TC, CbM1A�M�IeJt _ CICV�. I_ fM11NEGi1bCCAtLYPfl01E� PNP•Y`� o SeJnmaf 0.:.xvabx: _ _ 1 m+wnpwiec� rowNSm;aba '3l4IWOfM^.2 w � iI (NL + ,r „• T\— �PRCfYY+m —.—' `P.r_•Fcmma SPPCl1M15 7 `acvr, rnaPasmzRW earsPr. J I r aeg 140 GtPjE OF t. `all ISS UCD FOR 1 _crn nnowi acaf PER3VT MAGELLAN PIPELINE COMPANY, L.P. PR F! a/npa V—TEX LOGISTICS LLC PIPE SPECIFICATIONS • . 1•-z>v mrtivm: �aorr cv CEL•CII faCf41L6S1 '3 N•�.�fn a ra,E BRAZOS COUNTY, TX •Itl•wLKISAI iJ] >P3IX5W/A`ILN S GEVpN:EpfA'IN 'w mm CAGARHIPIiFu�•4 N-0P:,,.a TC, CbM1A�M�IeJt 'EGCI,.YalGV A4p .•. npffxr fM11NEGi1bCCAtLYPfl01E� mammesmeTWrc o SeJnmaf 0.:.xvabx: a:3a11Gm.l X77. 2-3 m+wnpwiec� rowNSm;aba io xo G w )Pry'PiC GtPjE OF t. `all ROAD CROSSING PERMIT ��;S. ;.: MAGELLAN PIPELINE COMPANY, L.P. & A AN LONG IA S V—TEX LOGISTICS LLC • . nlmaa m un: ++�°`• O„'F.�: '3 N•�.�fn a ra,E BRAZOS COUNTY, TX n 3.. 'w mm ..sfu vm3srna owMJC Na. m� mr. 6949=3413R-003 I of I o Vol. X77. 2-3 Pn. Vol. ��7 _ _ o" ` L.. .. _. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reguiremems I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP') (EPA and TCEQ both provide lists of examples of BMPs) to minimize emsion and sedimentation resulting from the proposed installation. 3. The pe:miCee shall take precautions to avoid damage to property. All County Right of Way and pmperty shell be restored to its original condition, as fer as pmctical, 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 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 permiuce'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 Iran alternative exists so as not to inconvenience the public. A Safer' Requirements I. Proper traffic control measures most be put in place prior to beginning work and remain in place during the duration of the job. All uaftic control measures most 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 masers. 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 Plart t. A tmtfic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. ph; excavation, hole) [CR open overnight, requires specific niahn'me unfDc control measures pursuont to the TMUTCD; Vol. b. If construction is within ten (10) feet of the madway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion tar the jab. D. Laden Standards 1. All overhead installations shall conform to clearance standards of the Teras Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Twos Utililies Code, Sectlon 181.045. 2. All pole installation (including lighting) shall be placed at the backside ofthe 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 foray -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch Bow line when imlall1fon is within the ansa measured fromtop or bank to top of bank; C. be at Ienst farty-eight (48) inches below ditch Bow line if low prassum gas or petroleum lines. Per high pressure gas and petroleum lines, sec High Pressure Pipelines requirements listed below; d. not be closer than ten (lo) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feel 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch Bow line and cased, Waterlines shall he cased If crossing under the roadway. S. Utilities in all new developments that have 60 feet or greater ofright of way shall be installed within designated locations based upon the type ormility. 7}te locations shall6e as follows: (measured from back of right-of-way). . Power -0 to 2 feet, nominally 11 Phone- 2 to 4 feet, nominally 3, - Cas - 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 lecation. - 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 mad shall: a. bebored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. bepressure grouted for the full length of the crossing iifthe annular space between pipe and casing and soil exceeds cmc (1) inch. Braves 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; Val: 77� P. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: e, no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control meamres 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. baud upon sail 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 h. backfilled with cement stabilized material c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity, d. ell 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; a. 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 jeapardiu 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 -o& -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 he permitted, except in nn instance whereby the laying, construction, maintenance and/or repair ofeables, conduits and/or pole tines cannot be accomplished by any other method and in this event ell such equipment shall be oFthe tubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said constmcticn 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 cf credit securing necessary repairs. Sold bond amount will be determined by the County Engineer. _ 14. The applicant shall submit a tetter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. - F— Emergency wars 1. In the event Company is required to perform emergency services, that requires excavation in a County, Right or 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 easvre the integrity of the County Right of Way and traffic safety controls used, F. Repairs m endsrine faciflrfes 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. C Refocarionofruilft 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, wises, pipes, cables or other facilities and appurtenances authorized hereunder, shell 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 Utifity Company, and at the expense of the Utility Company. H. High Pressure Pirefines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access ornon-controlled access installations, should contain the following additional information in the description afthe pemiL -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 infomatianis 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 dearest dlich aradel 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 of3"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-oG 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. FVol. o? L p9, ��' Mum , IM II..m x..a.rh M.w. _ NoH' n.mrl rmls.`cc + 11P Inlll. Aw 00 .ear ,Ivl n I nr° , _ NoH' n.mrl rmls.`cc =i .ear rl 'CEXWt 1985 ' {I• LIIM.Xm..n v%M.Vvt ry1pIA ' b! - `1 LnI YNII.d IY.IwIIhY.y,. gylm eml m. Iu.1..ynlwF Wnw an.MNSn Y. bLv'ly n.L. n'n....vy p•Fn...IMINYr� I tleillvple avalXv.I.•W . YebXNA fvl lT rnYYm p.+un 1=nl 1 {F = Iw rtlw 1. 11 WWuvlgc mw llP.,,�7<m.nn.lm�.rvlln ♦ 1} � Xwvlmi�.«e.'� M1rtnIWhTNw.C4.- GI. ( - I 11.01TI F.N p1.�in�•IMIW gM.JI1.p Nr MITI I I � '�_� "I awnau 1. w`�'.IbmnmlNwilY.P•+a.v.:+ ' ( 1 Cf I s 1¢ 1 '' m+no`u.'mnn AMn Mn.N vmeNYtMA 'I 11 �6 anrc •mssa m•.Ivvn�M ^Ma vn.n b 1 •gym. wn•.nbm .v IRirsv, [[gy.mm. w.Iwl rvml..en. r: T.'« Iw nl. A,� � I •bAC I s..l fl°uI m'timlMlMi�NW'.: n1 i.. �•. a I uow Fico uiafef?Ttm9ukb. I 1 .w oi. nA n.wa.www I�fl• TRAFFIC CONTROL PLAN ,•. m.al "CONVENTIONAL ROAD SHOULDER WORK TCP 12-lal TCP (2-lbl TCP 12-Icl TCP12-0-12- WORK SPACE NEAR SHOULDER WORK SPACE CFI SHP.sodsOULDER WORK VEHICLES ON 511OULOER Cmvm}lonal Rads Cmvertlalwl Cmvotrtlmal floods ' In l� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC2018-Autumn Ridge Subd Final Road and Bridge NUMBER: Plat DATE OF COURT MEETING: 7!31/2018 ITEM: Approval of the Final Plat of Autumn Ridge Subdivision; 929 Acre Tract; Zeno Phillips Survey, A-45; Bryan and Brazos County, Texas. Subdivision is located in Bryan City Limits; however, the detention pond is (outside city limits) in Brazos County. Site is located in Precinct 4. TO: Commissioners Court FROM: Karen Tyler DATE: 07/24/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description - Tvoe Project_Engineer_Letter - Engineer's Letter Backup Material _Brazos County.pdf Final_Pla[ Autumn_Ridge_Subdidsion.pdf Plat Backup Material APP D � 31118 Duane Peters County Judge �' Vol. �� �._. q I 'DON DURDEN, INC. July 23, 2018 Brazos County Road & Bridge Department Attn: Prarthana Banerji 2617 Hwy 21 West Bryan, Texas 77803 Re: Autumn Ridge Subdivision Final Plat Dear Prarthana, As discussed during our telephone conversation, we are in the process of getting the Final Plat for Autumn Ridge Subdivision signed and filed. As you recall, the subdivision lies within the Bryan City Limits, but the detention pond is outside the City Limits in Brazos County. As a result, both entities must approve the Final Plat. We submitted the plat to the City last week but were informed today that the County Judge must sign the document before it can be approved and filed by the City. Cody Cravatt told me he would have the plat brought to your office, so it should be there shortly if it has not already arrived. To my knowledge, all appropriate approvals have been given on the plat itself. The developer is addressing the last few punch list items that are being required by the City. I ask that you place an item on the Brazos County Commissioner's Court Agenda for its approval as soon as possible so Judge Peters can sign. If you have questions or need information, please contact me. Thank you. Sincerely, nc Rent Laza, P.E. Project Manager vol. o? %, Pg. IIO BRYAN/COLLEGE 5TATION LAREDO oC"imp ° 1° ! e. $ I -_ _ FIT :� ; f- — ?--ri era. ,•,. FINAL PLAT or AUTUMN RIDGE SUBDIVISION 9.29 ACRE TRACT ZM PHIWPS SUWV . A-45 ups a°��I II P FINAL PLAT or AUTUMN RIDGE SUBDIVISION 9.29 ACRE TRACT ZM PHIWPS SUWV . A-45 4 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 7f31f2018 ITEM: Expenditure Journal Entries FY 17/18 • 070076-070077 TO: Commissioners Court DATE: 07/26/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: Eke w= Description p10-07-26-18.pdf Exas JEs Tvoe Backup Material APPRO pp IO Duane Peters Da County Judge dffiI, 7� pg �f 3 SUNGARD PENTAMATION PAGE NUMBER: DATE: 07/26/2018 BRAZOS COUNTY, TX BJOURNII TIME: 12:13:30 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 072618 070076 TRVL REIMB-J PINEDA 10/18 COMPLETE 350010 0100 30401100 61801000 BEECAVE 7.15-18.18 319.01 350011 0100 0100 20461100 BEECAVE 7.15-18.18 319.01 TOTAL JOURNAL ENTRY 319.01 319.01 072618 070077 TRVL REIMB-V LICON 10/18 COMPLETE 350012 0100 30401100 61801000 BEEcAvE 7.15-18.18 319.01 350013 0100 0100 20341300 BEECAVE 7.15-18.18 319.01 TOTAL JOURNAL ENTRY 319.01 319.01 TOTAL CONTROL NUMBER 638.02 638.02 TOTAL REPORT 638.02 638.02 2 EE 1 .s. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 43.1-43.4 On this the 31st day of July 2018 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 Catalena, 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 31 st day of July 2018 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 31 st day of July 2018. THE CONMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol•�. �.� p9•11-5 u BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No, 17/18 - 43.1 7/31/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund County Clerk Discretions Funds 2,500.00 General Fund Cmntyc1crk Departmental Support 2,500.00 0100 21000100 59100000 CR DDEA 2,500.00 0100 21000I00 61500000 DR Printing 2500.00 I County Clerk Reallocation.`funds to the correct account to P.nhasc en,elo es for mmmin, recorded real ro documents to filers for the remainder of FY 1 S. .w, „..,..,.... Far-Acaoon6n�Pirz 'sesO�1. !' :'.*"- _ .... ,.... ,..T., c`��.-'��Lr ,.,•?rc.-zc 0� .. -.{ tz�s✓ r t?N.. r,p tt .,,.rlu�..0 k$W.�;-.il�a'. _'sst FUND - DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 2,500.00 0100 21000I00 61500000 DR Printing 2500.00 Fvd7t-Z-7 p9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 43.2 711119M A FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Court Contingency Departmental Support 45,00 00 General Fund SberifT-Adminisuaficn Departmental Support 5,000.00 General Fund Sheriff -Administration Repairs & Maim 40 000.00 DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 45000.00 0100 78000100 61380000 DR Utilities 5.000.00 0100 28000100 65350000 DR Gasoline 40,000.00 Commissioners' Court and Sheriff -Administration Reallocation of funds to the correct account to coverutiCties and gasoline for the remainder cf FY 18. �w anmenti, pr s''fvd±iv s "-'r0ate3i--- Wbl:.� .. �'9• L L_ l i _ _J nnf0 GY y. I..+.Y r ..,\ ry��.-„<.i n1t1 ?..R1.1. {,T'.`R3.'"�, �lt %•113'1 �r � t...ii".(i+'bi..'i ll'.4 � .+771".. .gym {1}t'i vl. �'."..�1,i+;: FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 45000.00 0100 78000100 61380000 DR Utilities 5.000.00 0100 28000100 65350000 DR Gasoline 40,000.00 Wbl:.� .. �'9• L L_ l i _ _J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18.43.3 713112018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund information Tcchnoln I.T. Services Contractual Servicts 5,000.00 General Fund I.fonn.tionTechnology I.T. Services Repairs & Maint 5,000.00 DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 71020000 CR Computer contracts 5000.00 0100 14000200 65150000 DR Com iter Main!. 5,000.00 I information Technology L.f funds ;o the correct account to cover computer maintenance cost for the remainder of FY 13. 1 LDepeA-oval ramnP �Courity°Jui7j�Apyroval `'" e' eri^SC?:`ar<Dae 'For4e5unon=P.uv.•`scs.Oil.,,.,..>�Z`.''i4._a.�=$..:XCi:u`f?k rtC: �L`-�u.,d �R�'K_'.�:s�i9A 4.<.I$i£};s(�'�F.�is�.#rex .0 ...r: :s.. .. .kC3:'.>_�:—z .3.e tr'G4^.:�ix FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 71020000 CR Computer contracts 5000.00 0100 14000200 65150000 DR Com iter Main!. 5,000.00 V56 0! 7 7 P9• �- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-43.4 7131/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Genal Pennancnt hnprm'emeat Fund Other Financine Sources 14,92100 General Pennanen[ hnprovement Fund capital Projects Capital Outlay 14925.00 ACCT DR/CR ACCOUNT NAME Increase Decrease 4500 49070000 CR Sales of Capital Assets 14,925.00 4500 63000500 80892800 DR Vehicles - SO 14,925.00 General Permanent Improvement Fund To reco size 514,925 insurance recover from Texas AssOeiatiOrS of Counties for the Sheriff Adrtum mn Patrol Unit that was totaled. Asset Y"VHE0000100 k z yY ,Dinp•afe pD LCCoo _Y_uifge_Approvaly-�„^_ 7's_'i FoiAeeounLn�tPri' oses'An7 � ..''-g Y` ! }-. ,xu= r :y3 +. '� .4.r. ^.+':raw "• ...� z FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 4500 49070000 CR Sales of Capital Assets 14,925.00 4500 63000500 80892800 DR Vehicles - SO 14,925.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 31, 2018 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 Attorney Woodward, James M. Employment Exposition Complex Fadem, Scott Change of Status Juvenile Services — Detention Deleon Jr, Maximo Frank, Michael W. Change of Status Change of Status Juvenile Services — State Aid Varela, Irvin E. Separation Road & Bridge Castillo, Domingo Lorenz, Corey Employment Separation Approved in Commissioners' Court: Jul 1 20 County Judge's or Commissioner's Signature: ,,) (This Copy to be attached to minutes) Vol, —2777 Pg_ J� Laura Taylor Davis Brazos County Treasurer ldavis@oo.brazos.tx.us DATE: 7/25/2018 TO: Hon. Duane Peters, County Judge Hon. Steve Aldrich, Commissioner Hon. Sammy Catalena, Commissioner Hon. Nancy Berry, Commissioner Hon. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 06/30/2018 Investment Report 200 S. Texas Avenue, Ste 240 Bryan, Texas 77803 Tel: 979-3614346 This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 1.7324% on the quarterly average balance of $16,505,119.79 invested with TexPool for the period ending 06/30/2016. Investment interest deposited during the quarter was $71,213.41. Actual ending balance invested at 06/30/18 was $16,536,799.26. The average rate of interest earned on the depository checking account balances for the quarter ending 06/30/2018 was 0.7800% netting $256959.43 for the quarter end on an average depository investable balance of $121,622,948,32. Total interest earned for quarter ending 06/30/2018 was $328,172.84. Investment Strategy The Brazos County Investment Strategy will remain focused on short -termed investments with the safety of principal as the foremost objective followed by liquidity and yield as per the Brazos County Investment Policy. While the majority of available funds are in the County's depository collateralized at 110%, we have begun the process of reinstating an investment committee and preparing a broker questionnaire to take advantage of rising interest rates. The County could see an improvement on the current fixed rate of 0.65% on the remaining funds in BUT and 0.90% on the funds now held in BBVA Compass checking accounts for the term of the contract. For diversification the County has an investment account with TexPool that provides the safety of an overnight market. V01, � 7 _ P9• S�� Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at Branch Banking G Trust. FY 2018 INTEREST RATES AND EARNINGS BY MONTH Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as Opp vpd by t ommiissioner's Court of Brazos County. G�RGf/2it/��iJZ_ai Laura Taylor Davis, dounty.Tr—e+asurer, CIO Date p Angie Bear Asst. Chief Deputy Treasurer, CIO Date TexPool Interest Cking Acct Interest Interest Rate Interest Rate October 2017 5,603.64 1.0318 48,836.92 0.6500 November 2017 5,526.63 1.0506 47,847.09 0.6500 December 2017 6,400.31 1.1764 58,366.16 .65/.90 Q/E 12/31/2017 17,530.58 1.0863 155,050.17 .65/.90 January 2018 15,301.20 1.2989 84,960.03 .65/.90 February 2018 16,933.93 1.3438 82,868.58 .65/.90 March 2018 21,166.96 1.5156 89,335.50 .65/.90 Q/E 03/31/2018 53,402.09 1.3861 257,164.11 .65/.90 April 2018 22,606.65 1.6704 84,396.44 .65/.90 May 2018 24,028.21 1.7159 89,712.92 .65/.90 June 2018 24,578.55 1.8110 62,850.07 .65/.90 Q/E 06/30/2018 71,213.41 1.7324 256,959.43 .65/.90 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as Opp vpd by t ommiissioner's Court of Brazos County. G�RGf/2it/��iJZ_ai Laura Taylor Davis, dounty.Tr—e+asurer, CIO Date p Angie Bear Asst. Chief Deputy Treasurer, CIO Date INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1 - POOLED FUND GROUP General Fund $ 16,536,799.26 Health Endowment Fund $ State Lateral Road $ Courthouse Security $ ,ategy p' �"��` OPERQT G3FUNp„ _ �$ T6; 3'6'79M i General Obligation Debt Svc. $ S afe9Y Pe.; 1 =BB'S SER ICEyrvUN S� `. General Permanent Impv. $ Exposition Center Fund $ Sfra' a eSpC ALPRO'J8P 'IMPUaDEB�T BOOK VALUE OF ALL INVESTED FUNDS AS OF Q1E 06/30/15 $ 16,536,799.26 COST AMOUNT SUMMARY OF INVESTMENTS BY FUNDS General Fund TexPool $ 16,536,799.26 Total Cost of all funds invested for the month of JUNE 2018 $ 16,536,799.26 Book Value is the same because all investments are with TexPool and the Share Price is maintained at $1.00 TEXPOOL QUARTER ENDING 0613012018 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC GENERAL FUND EXPO COMPLEX TOTAL 0318 ' S .55855: 45e , $ - r 1646 04130/18 Aril Interest $ 22,606.65 $ w$ ,22 806 65' 04730118 $Balaoe ` 64$8182:50 05131/18 May Interest $ 24 028 21 $ $ 24 02821 05131'118_ 3; zMa Ba)artce ; -' n £$w 6;512,220 F1 - >3$ 06/30/18 i June Interest $ 24,578.55 $ m--.2,4-,578 5.5 VOL Pg. ��