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HomeMy WebLinkAbout2018-08-07 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 AUGUST 7, 2018 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-26: 3. Proclamation 18-036 Recognizing Mattie Murphy Gerke's 100th Birthday. 4. Appointment of the following people to the Local Workforce Development Board: • a. Crystal Crowell; term of appointment 07/01/2018-06/30/2021 5. Approval of the job description for Class Code 0832, Position 04 - Temporary Attendant, Building & Grounds for Exposition Complex. 6. Approval for vehicle purchase in the amount of $27,229.55 for the Brazos County Sheriff Office. 7. Request Court's Approval of ILA between the Cities of Bryan and College Station and Brazos County, regarding the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 8, Interlocal Agreement For Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System. 9. Fiscal and Personnel Management Agreement between B/CS MPO and Brazos County. 10. Agreement between Brazos County and the Metropolitan Planning Organization. 11. Assigment for vendor name change from Crop Production Services to Nutrien Ag E 77 Pg. ( 3 Solutions Inc. 12. Approval of Noble Software Agreement Grant a risk and needs assessment tool for the Juvenile Department in the amount of $23,247.00 13. Request permission to enter private property owned by Richard Dubec located on Schehin Road. Project will require County to construct a temporary detour across property to allow the replacement of a roadway culvert on Schehin Road. Site is located in Precinct 1. 14. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 4 -inch water line crossing under Hopes Creek Road 1,315 feet southwest of N. Dowling Road. Site is located in Precinct 1. 15. Acceptance of a Drainage Easement from Rodney Lemburg and Amy Swinford for 0.029 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. 16. Acceptance of Special Warranty Deed from Frederick Shannon Waddell for 0.260 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. 17. Acceptance of Special Warranty Deed for 0.115 acre of land and a Drainage Easement for 0.015 acre of land from Glenn and Brenda Martz to be used for improvements to Arrington Road located in Precinct 1. 18. Approval of the Final Plat of Williams Meadows Subdivision along with request for variance to Article 7.C.5.c of the Brazos County Subdivision Regulations regarding TxDOT right-of-way dedication. Site is located in Precinct 2. 19. Acceptance of a Drainage Easement from Richard and Peggy Bienski for 0.207 of one acre of land to be used for improvements to Linda Lane. Site is located in Precinct 4. 20. Consider and take action on the FW P Holdings, LLC utility permit to install a temporary 10" polyurethane water line within and along the right-of-way of Homola Road and Britten Road. Project will provide water to an oil well. Site is located in Precinct 4. 21. Expenditure Journal Entries • 070105 - 070114 • 080003 - 080004 22. Tax Refund Applications for the following: • a. Thomas Moore Repair Service - Overpayment $22.70 • b. Kenneth R. & Catherine A. Hall - Overpayment $234.99 • c. Gough Dolma L. Revocable Living Trust - Overpayment $186.67 • d. Kelley & Leanna Pack- Overpayment $118.50 • e. Caserta Partners 1 LTD - Overpayment $19.13 • f. Nova Rentals LP - Overpayment $20.00 • g. Nova Rentals LP - Overpayment $20.00 • h, Nova Rentals LP -Overpayment $20.00 • i. Doug Presler - Overpayment $1,975.00 • j. Palomares Construction Inc. % Jesse Palomares - Overpayment $548.93 • k. Yxing Xu - Overpayment $220.03 • I. Nivlac Simmons - Overpayment $15.77 • m. Carrington Mortgage % Lereta - Overpayment $243.73 • n. Luis Rodrigo & Kristina Trollnas De Chavez - Overpayment $363.58 • o. Lunus & Kerri Ashlock - Overpayment $295.70 E . �_ P9 --z--- 23. Commissioners Court minutes for the following dates: • a. June 18 thru July 27, 2018 - Budget Workshops • b. July 3, 2018 -Regular Meeting • c. July 9, 2018 -Workshop Session • d. July 10, 2018 - Regular Meeting • e. July 17, 2018 - Regular Meeting • f. July 24, 2018 - Regular Meeting • g. July 30-31, 2018 -Budget Workshops • h. July 31, 2018 - Regular Meeting 24. Budget Amendments. Budget Amendments FY 1718 44.1 - 44.4 25. Personnel Change of Status. Personnel Action Forms 26. Payment of Claims. 27. Acknowledgement of Sales and Marketing report for the third quarter at Brazos County Expo Center. 28. Sheriff's report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns 31. Adjourn. va. Pg. 6 s' PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court, and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to Insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Lawdoes not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter w,thout notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Flandicap 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. VCz. 77. pg. G 6 MINUTES AUGUST 7, 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, August 7, 2018 with the following members of the Court present: Duane Peters, County Judge, Absent; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2, Presiding; 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. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-26: 3. Proclamation 18-036 Recognizing Mattie Murphy Gerke's 100th Birthday. The Court approved Proclamation 18-036 recognizing and celebrating the 100th vol. a77 pg. _� Birthday of Ms. Mattie Murphy Gerke. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 4. Appointment of the following people to the Local Workforce Development Board: • a. Crystal Crowell; term of appointment 07/01/2018-06/30/2021 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 5. Approval of the job description for Class Code 0832, Position 04 - Temporary Attendant, Building & Grounds for Exposition Complex. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent. Peters. 6. Approval for vehicle purchase in the amount of $27,229.55 for the Brazos County Sheriff Office. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Request Court's Approval of I LA between the Cities of Bryan and College Station anc Brazos County, regarding the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 8. Interlocal Agreement For Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 9. Fiscal and Personnel Management Agreement between B/CS MPO and Brazos County. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 10. Agreement between Brazos County and the Metropolitan Planning Organization. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 11. Assigment for vendor name change from Crop Production Services to Nutrien Ag Solutions Inc. A copy is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 12. Approval of Noble Software Agreement Grant a risk and needs assessment tool for the Juvenile Department in the amount of $23,247.00 A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Caufey, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 13. Request permission to enter private property owned by Richard Dubec located on Schehin Road. Project will require County to construct a temporary detour across property to allow the replacement of a roadway culvert on Schehin Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 14. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 4 -inch water line crossing under Hopes Creek Road 1,315 feet southwest of N. Dowling Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 15. Acceptance of a Drainage Easement from Rodney Lemburg and Amy Swinford for 0.029 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. Brazos County resident Marie Wolfe asked to speak on this agenda item. She did not see any attachments for this item on-line and questioned how the Court could make a Vol.% p9. g I decision without any information. Commissioner Cauley stated that they do have information Bethany Jones, Executive Assistant to the County Judge explained that some documents are confidential and not available to the public. Ms. Wolfe said property in Nantucket was taken and asked what the cost is. Commissioner Catalena questioned why she wants to know the cost. He said that information should be between the landowner and Brazos County. Commissioner Aldrich explained no land was "taken" and costs for the road can be seen in the Road and Bridge Department's budget. He said that negotiations are kept confidential at the landowners request. Mrs. Jones also noted that once the item is approved by the Court, Ms. Wolfe can make a open records request and the confidential information will be redacted. Ms. Wolfe said that as a citizen she would like to know which roads are a priority. She added that she is frustrated that she was told Arrington Road will be 3 lanes and now it is 2 lanes. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 16. Acceptance of Special Warranty Deed from Frederick Shannon Waddell for 0.260 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 17. Acceptance of Special Warranty Deed for 0.115 acre of land and a Drainage Easement for 0.015 acre of land from Glenn and Brenda Martz to be used for improvements to Arrington Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 18. Approval of the Final Plat of Williams Meadows Subdivision along with request for variance to Article 7.C.5.c of the Brazos County Subdivision Regulations regarding TxDOT right-of-way dedication. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. rvoi. 0?f pg. 1� Absent: Peters. 19. Acceptance of a Drainage Easement from Richard and Peggy Bienski for 0.207 of one acre of land to be used for improvements to Linda Lane. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 20. Consider and take action on the FW P Holdings, LLC utility permit to install a temporary 10" polyurethane water line within and along the right-of-way of Homola Road and Britten Road. Project will provide water to an oil well. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 21. Expenditure Journal Entries • 070105 - 070114 • 080003 - 080004 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 22. Tax Refund Applications for the following: • a. Thomas Moore Repair Service - Overpayment $22.70 • b. Kenneth R. & Catherine A. Hall - Overpayment $234.99 • c. Gough Dolma L. Revocable Living Trust - Overpayment $186.67 • d. Kelley & Leanna Pack - Overpayment $118.50 • e. Caserta Partners 1 LTD - Overpayment $19.13 • f. Nova Rentals LP - Overpayment $20.00 • g. Nova Rentals LP - Overpayment $20.00 • h. Nova Rentals LP - Overpayment $20.00 • i. Doug Presler -Overpayment $1,975.00 • j. Palomares Construction Inc. % Jesse Palomares - Overpayment $548.93 • k. rxing Xu - Overpayment $220.03 • I. Nivlac Simmons - Overpayment $15.77 • m. Carrington Mortgage % Lereta - Overpayment $243.73 • n. Luis Rodrigo & Kristina Trolinas De Chavez - Overpayment $363.58 • o. Lunus & Kerri Ashlock -Overpayment $295.70 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 23. Commissioners Court minutes for the following dates: va. —al 7 Pg. • a. June 18 thru July 27, 2018 - Budget Workshops • b. July 3, 2018 - Regular Meeting • c. July 9, 2018 - Workshop Session • d. July 10, 2018 - Regular Meeting • e. July 17, 2018 - Regular Meeting • f. July 24, 2018 - Regular Meeting • g. July 30-31, 2018 - Budget Workshops • h. July 31, 2018 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 24. Budget Amendments. Budget Amendments FY 1718 44.1 -44.4 44.1 Transfer funds from Information Technology to Tax Office; District Attorney; District Clerk, Jury Services; Election Administrator; 272nd District Court, Juvenile Court Referee; Sheriff's Office; Constable, Precinct 1; Juvenile Services; Road and Bridge; and Brazos Center. 44.2 Reallocate funds for Records Management. 44.3 Reallocate funds for Hotel Occupancy Tax Fund. 44.4 Transfer funds from Capital Improvement Fund to Road and Bridge Department. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 25. 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. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 26. Payment of Claims. Claims 8006388 — 8006605 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 27. Acknowledgement of Sales and Marketing report for the third quarter at Brazos County Expo Center. F. Pg.-2— The Court acknowledged receipt of the Brazos County Exposition Complex Sales and Marketing Report for the third quarter. 28. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 697 inmates in jail, 582 inmates are male and 115 are female, 39 have electronic monitors and 17 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. There were no announcements. 30. Call for Citizen input and/or concerns There was no citizen's input. 31. Adjourn. The foregoing minutes of the Commissioners Court Meeting held August 7, 2018 have been examined and are approved in open Court this I Ph day of September 2018, in Bryan, Brazos County, Texas. Duane Peters County Judge Commissioner, Precinct 4 Attest: karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 �i� Nancy Berry Commissioner. Precinct 3 V., mo i- P9' , L Frame PP \FT BRAZOS COU­NNTTY CONMSSIONT ER'S COURT DAYOF,r /04 Organization CPLEASE P-R-LN'Tl PE! Vol. Pg..%J� BRAZOS COUNTY CONMSSIONEW S COURT 'Vk DAY OF xo�A? Name PST P2: .tion �ru�s OI ��Rct4itst �4 VOL Proclamation 100°i Birthday of Mattie Murphy Gerke TVHEREAS Mattie Murphy Gerke was born August 11, 1918 in Edge, Texas where she was the first of six children born to Jimmy and Oma Duncan Murphy. WHEREAS In 1934 Mattie graduated from Stephen F. Austin High School in Bryan, Texas. WFIEREAS In 1938 Mattie married Manuel Gerke from Kurten, Texas. They were married for 53 years and had two children, Nancy and Charles. WHEREAS In 1947 she joined Northview Baptist Church where she has served her community and is a member today. WHEREAS Mattie is noted for her love of animals and her many friends of all ages. WHEREAS She lives on her ranch in Wixon Valley, Texas. WHEREAS Ms. Gerke has witnessed many changes in Brazos County in her 100 years. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby recognize Ms. Mattie Murphy Gerke on her 100`" Birthday and acknowledges her contributions to Brazos County. PROCLAIMED this 7`h day of August, 2018. Duane Peters County Judge Commissioner Steve Aldrich - Precinetl ��Na� Berry V Precinct 3 18-036 Vol. % pg. — t -.- 3 Brazos County Job Description Last Updated: September 2012 .loG /kkVD.tcs o_Ic. TmpnW RMb, t]aenNNl2 JUL 3 0 2913 Class Number. 832 Title: Temporary Attendant Building 8 Grou nds (1040 hrs.) Pay Group: 09 Department: Exposition Complex FLEA Status: Non Exempt Reports To: Event Coordinators 6 All Managers Approved Date: 1010112017 EEOC Category: Service! Maintenance Position End Date: 09/30/2018 Temporary Employee Signature: 1K General Summary: Perfomha and moniam dallyoperational mspomibafba InckmInglananrlal dulles, responsibilities and maMlenance of the arazea County Ehmoaluon Complex Inducing satlingW, damning and towing -down events. Essential Duties: Operates fight to moderate equpment such an trardote wtlh implements, forklift and skid stow loaders; Seta upteats down rodeo aqu mem, Koran stalls, cottle itis, panels and pens; Sas upllears down meeting and event moms, Including stages, dance flows, tables, shahs and egapment and saints welt the soundfelodriaal system setup andlor iriardam; Cleans meeting and even rooms, Indudhp aaeeplrg, vacuuming and takbq out trash, Cleans rsaraans, Including using commercial chemicals to remove stainekdors and keeps them has of klar, butts and wmba ibors as needed and Iretruda 1. Keeps all floors dusted, mopped, and vacuumed; Changes tight bubs and dlebbutas eUpplies as neammatM Aeatets In painting and other maintenance prolacs u necessary, Operates a vacuum cleaner and hand damning rnatectals, supplies and equipment Cleans windows, down, goats, water faudalm, and furniture; Emptlas and deem waste reaptades and properly disposes oftrash; Assists viabaa In a poke mennarduaft emma at the Exposkfon Compku[ Keepslankodal and storage areas dean and organized: Must be willing to work various hours as needed Including same nights, weekends, holidays, cur.; Cotmnual atse with ExIgoeklob Complex adminlstralive assistantfsecrelary regarding lankmlal supply Inventory; AVMs as necessary In Inventory control Inducting equipment and consumables. Other Duties as assigned. (11% Su ervision Received: -Event Coordinators a Ai Manages' Given: Tina is a non -supervisory poiltlon. Education Required: High school graduation or Its equhrobm; or any equivalent cambinalon of education and expemana that provides the required knowledge, Win and ablitles. , Preferred: Experience - Required: At baa one year of related work espertence. .. Preferred: Some expectance In operating a tractor andforother aght to moderate equipment is preferred. Ceftlficates, Licenses, Registrations •-- .___,__:- - ...__..�_.__.. ...,._ .. _. ------ Required: None. Preferred: vol t TE L 9 _. PhysoalDemands Typical: The physical demands desedbed hero are representathm of those that must be met by an employee to Typical: waxssfully pedomt the essential WOWS of this Job. Reasonable acocrnnnWallons may bemadetoe able Individuals with dbabWes to perform the essential functions. WhOe performing fire Was W this Job, the employee is regularly required to at use hand to anger, hand 6, or to feet reach with hands and emy bony and kneel; and talk end hear. The employee hequeMly b required to shod any wait, The employee must frequently lift andfcr move a6JeW wngmng up to too pounds, such as begs of mulch and rocks. Specific vWcn abilities required tot this lob Include close Won. distance vblon, and the abiAty to adjust focus. Knowledge, Slaps, & A6ltifles The work ervhonment charactamths described here aka representative of those an employeeancountam Typical: We operation of cuetodlof and maintenance equipment, Includirrg the safe use of commerabl deanlna chemicals. AbI4 to Wow oral and widen Instrucoorte; a66ty b tam the properuse oflarshodd equipment and supplies; ability to make minor mpairo; eh®y to communicate and work effedivetyWith co.warkars; ability, to perform physical and strenuous wort; and an Wily to undorotand and follow &wise County safety policies. Work Entimnment Typical: The work ervhonment charactamths described here aka representative of those an employeeancountam while performing the essential function of this Job. Reasonable accommodations may be made to amblo Individuate with dbabaes to perform the essential functions. The nobs fowl In fire we* envlronmem is frequently loud. The employee Is constantly mqulmd to work closely with othms as a part of a team to perform multiple tasks simultaneously, end switch from one lash to another. The employee is frequently required to Walk under time pressures and meet daaftaa. The empktyea may be eposed to extreme weather conditions. Vote % P :E—.I INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2018 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court: the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as 'Bryan"), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit ajoint application for grant funds under the U.S. Department of Justice's 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter -local agreement designating one joint applicant to serve as the applicant/fiscal agent for thejoint funds; and WHEREAS, College Station will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, College Station agrees to provide the County $6,767.25 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station agrees to provide Bryan $24,002.30 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and JAG Program ILA Contract No. 18300651 Vol. X77 Pg. 4 Page 1 of 7 WHEREAS, College Station shall use their $14,345.45 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan, College Station and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. College Station agrees to pay the County a total of $6,767.25 of JAG funds. 2. The County agrees to use the $6,767.25 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. College Station agrees to pay Bryan a total of $24,002.30 of JAG funds. 4. Bryan agrees to use $24,002.30 for the purpose of' supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. College Station agrees to retain a total of $14,345.45 of the JAG funds. 6. College Station agrees to use $14,345.45 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to director control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. JAG Program [LA Contract No. 18300651 Page 2 of 7 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2021. 12. Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to tlris Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. Consent to Suit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. BRYAN: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 COLLEGE STATION: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 BRAZOS COUNTY: County Judge Brazos County 300 East 29`' Street, Suite 114 Bryan, Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated verbally. No oral agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 18. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. JAG Program ILA Page 3 of 7 Contract No. 18300651 Vol. pg. �a 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20. Authoritv to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. JAG Program ILA Contract No. 18300651 Page 4 of 7 EXECUTED this the � day of �-tr S { 2018 by CITY OF BRYAN. ATTEST: Mary Lynre Stratta, City Secretary JAG Program ILA Contract No. 18300651 0 APPROVED AS TO FORM: -F C,Janis Hampton, 't�rney E Page 5 of 7 EXECUTED this the Z3 day of ku&U `ur 2018 by CITY OF COLLEGE STATION. JAG Program [LA Contract No. 18300651 Vol. 7% pg. �/ I Page 6 of 7 EXECUTED this the day of L lj — 2018 by BRAZOS COUNTY. BRAZOS COUNTY By. 4 Coun Judge ATTEST: County Clerkl JAG Program ILA Contract No. 18300651 Page 7 of 7 I BRAZOS VALLEY I Interlocal Agreement For Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System THIS INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act'), by and among the Brazos Valley Council of Governments, hereinafter referred to as "BVCOG," and the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, Grimes County, and Texas A & M University, all political subdivisions or agencies of the state of Texas. WHEREAS, the Brazos Valley Council of Governments (the "BVCOG") is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas Government Code, the BVCOG is authorized to contract with eligible entities to perform governmental functions and services; and WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, Grimes County, and Texas A & M University, collectively hereinafter sometimes referred to as the "BVWACS Parties" have entered into the Second Restatement of the Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System to create and maintain an interoperable radio and data communications system (the "BVWACS Agreement'); and WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the BVWACS Agreement; and WHEREAS, the BVCOG desires to undertake the supervision of the performance of the BVWACS Agreement as set forth in this Agreement; NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The BVCOG represents that it is eligible to contract with the BVWACS Parties under the Interlocal Cooperation Act for the purposes recited herein because it is a local government and it possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties represent that they, too, are each local governments or political subdivisions eligible to enter into this Agreement for the purposes recited herein. ARTICLE 2: APPLICABLE LAWS ra The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. This includes applicable laws relating to purchasing and bidding of products and services, maintenance of open records and use of the Brazos Valley Wide Area Communications System in accordance with Federal Communications Commission rules. A party to this Agreement is financially responsible for any FCC penalties, fines or other financial encumbrances or penalties caused by the actions of its agents, employees or representatives. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement among the parties hereto, and supersede any and all oral and written agreements among the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when approved by the governing body of the last party which approval makes the Agreement go into effect on October 1, 2018, whichever occurs latest. It shall remain effective until September 30, 2023, subject to the rights of termination set forth herein. The conditions set forth below shall apply unless modified or terminated in accordance with the provisions hereof. ARTICLE 5: SCOPE OF SERVICES The BVCOG agrees to perform as the BVWACS Managing Entity certain services for the BVWACS Parties as set forth in Exhibit "A-1" at specified rates and costs as set forth in Exhibit "A-2". (A sample form Exhibit "A-2" is attached hereto.) Exhibit "A-2" shall be reviewed annually and may be amended in conjunction with the BVWACS fiscal year budget adoption process, to be adopted effective on the 1'` day of October of each year during the Term of this Agreement. The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit "A- 1". Nothing herein shall make the BVCOG responsible for providing funding for various projects associated with such grant or programs in the event of a shortfall. ARTICLE 6: PAYMENTS Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon presentation of properly documented statements on a quarterly basis to each of the BVWACS Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All payments for goods or services will be made from current revenues available to the BVWACS Parties. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all the parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 8: TERMINATION PROCEDURES Page 2 vol. �_ Pg. g g The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90) days written notice by certified mail to the other parties to this Agreement. The obligations of the BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the responsible party. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that any party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: NOTICES Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepaid, addressed to such party at the following respective addresses: Brazos Valley Council of Governments: Attention: Executive Director P.O. Box 4128 Offices: 3991 East 29t" St. Bryan, Texas 77805-4128 City: City of Bryan Attention: City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: City of College Station Attention: City Manager, with a copy to the City Attorney P. O. Box 9960 College Station, TX 77842 — Page 3 Vol. P9.1 q 9 City: City of Brenham Attention: City Manager, with a copy to the City Attorney 200 West Vulcan Street PO Box 1059 Brenham, TX 77834 County: Brazos County Attention: County Judge, with a copy to County Attorney 200 S. Texas Avenue Suite 332 Bryan, TX 77803 County: Washington County Attention: County Judge, with a copy to County Attorney 100 East Main Street Suite 104 Brenham, TX 77833 Texas A & M University: Texas A & M University Attention:Vice President and Associate Provost For Information Technology and Chief Information Officer 1365 TAMU College Station, TX 77843-1365 County: Grimes County Attention: County Judge, with a copy to County Attorney 100 Main Street Anderson, TX 77830 ARTICLE 13: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. Page 4 17 /% P9. —16-1 b. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. C. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all the parties. d. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. e. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. f. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of all the other parties to this Agreement. g. This Agreement is effective as of the effective date set forth above. This Agreement may be executed simultaneously in one or several counterparts, each of which is deemed to be an original and all of which together constitute one and the same instrument. The counterparts may be signed in multiple originals to allow each party to have an originally signed counterpart for each party. The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the parties. Page S IV ot. Pg. Exhibit A-1 SCOPE OF SERVICES The BVCOG shall perform the following services at the following rates for the BVWACS Parties as the Managing Entity pursuant to the BVWACS Agreement: 1. Perform as Managing Entity as set forth in the BVWACS Agreement. This includes the following: a. Overall management. To manage the BVWACS on a day to day basis. Responsibilities include specific duties outlined in the BVWACS Agreement plus any other duties as determined by the Governing Board created under such Agreement. b. Management. Perform ongoing management of the construction, acquisition, implementation, operation and maintenance of the BVWACS; c. Coordination with other radio systems. Serve as principle coordinator with other radio systems as determined by the Governing Board; d. Minutes. Maintain minutes of the Governing Board and Operating Board meetings; e. Recommendations. Make recommendations to the Operating Board regarding proper performance of the BVWACS under the terms of this Agreement; f. Supervision. Supervise additional Employees as applicable; g. Dispute Resolution. Assist in the administrative dispute process as set out elsewhere in this Agreement. h. Agreement copes .Maintain and make available at all reasonable times to the Operating Board and to the Governing Board a current copy of this Agreement, including any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures or standards; i. Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board; j. Reports. Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; k. Record Keeping. Maintain and keep current all records, legal documents, contracts, manuals, warranties, etc. relating to the BVWACS and make same available for review by any of the Parties upon request; 1. Contract Administration. Administer all contracts for the construction, acquisition, implementation, operation and maintenance of the BVWACS; m. Project Management. Oversee the management of all projects relating to the construction, acquisition and implementation of Infrastructure and Improvements to the BVWACS; n. Standard Operating Procedures. Develop, distribute and keep current standard operating procedures for the BNr\VACS as directed by the Operating Board; o. BVWACS Availability. Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives set forth herein and that support interaction and communications with other public safety radio systems; Page 14-- -- p. Grant Administration. Oversee the application, administration and financial management of grant funding programs available for the construction, acquisition, implementation, operation and maintenance of the BVNVACS. This includes performing as a recipient or sub -recipient for the BVWACS Parties in relation to such grant programs, and such other duties as set out below. 2. Perform Grant Administration, including the following: a. Procurement and evaluation responses resulting in specific recommendations to the BV%VACS Governing Board for the execution of grants and contracts, including receipt of funds; b. Recommendation to the BVWACS Governing Board for the award of subcontracts for the provision of the services set forth for covered programs that have been approved in accordance with the B%'\VACS Agreement; c. Management, administration, and oversight of subcontracts and subcontractors' performance, including for contracts for planning, evaluation, and monitoring; d. Payment of all authorized grant program expenses, whether for staff or administrative services, participant support costs, authorized subcontracted services, participant wages or stipends, or other costs incurred in the implementation of programs; e Reimbursement of any questioned or disallowed costs will first be demanded from the subcontractor where the costs occurred, and making recommendations regarding possible solutions; f. Maintenance of financial and grant participant information records; g. Preparation and delivery of such reports and invoices for funds as are required by the state and federal rules, regulations, and administrative policies applicable to the program covered under the statutes; h. Preparation of a budget for Grant Recipient/Fiscal Agent; i. Authority to procure service providers for services authorized in the adopted and approved annual plans for the covered grant programs;; and j. Provision of other dudes that may be required by changes in state and/or federal rules, regulations, and/or policies that are applicable to the covered grant program. 3. Exclusion from scope of services: n. Conveyance of interests in real property. This does not prohibit the provision of services relating to property acquisition, such as oversight of surveys, title work, appraisals, etc. Page Vol.Ig ���, ...__P9__ I EXHIBIT A-2 Description Appoved FY2018 Capital Fund Contributions $ 310,131.13 Expenses Salary -System Manager $ 92,881.80 Salary- BVCOG Misc $ 6,210.00 Salary Total $ /,,N 99,091.80 Benefits Total $f; 26,910.00 General, Administrative, & Maintenance Expense?{ Consulting Fees *Other Admin* $`, ^ - ProfessionalFees *Other Admin* $ Audit Expense *Other Admin* Qgi $ \?=2,181.90,; Travel Expense $ �Z;QOO.06" Maintenance, Motorola ,,(--,(.i,`'$ 173;2112 Maintenance, Harris County! �$ 120 717.84 Maintenance, General *Contingege ncy*;} $ /72.5'000.00 Supply Expense fOth',erAdminµ,*\ $ ; Copier Expense*Postagel`8,kk inting*Klr,'" $ 350.00 m,, ,. Maintenance, Data Connectivity ���, T,. �.�� $ 75,000.00 Telephone Expense $ 11800.00 Postage Expense *Postage & Printing*:M, $ 75.00 Insurance, General wvw k $ 6,000.00 Training and Meeting Expense $ 2,750.00 General;"Admin, & Ma'n`tenance Expense Total $ 415,086.46 N;-,`Indi(ect NPIR-\ Indirect Cost Expense�< `''�,,� $ 16,732.58 ISF„ Accounting ServicelSFvG_ �' $ 8,675.65 System Administration,lSF., ,,,,. 9,766.60 Copy/Fax Service iSF ` $ 446.77 Human Resource Management iTe' " $ 7,376.90 Office Space ISF _'a,7 $ 71273.00 Receptionist/Internet/Loc iLWb ie ISF $ 2,181.90 ISF Total $ 35,720.82 Annual Operating & Maintenance Total $ 593,541.66 Annual Operating, Maintenance, & Capital Total $ 903,672.79 Page 16 Vol. __%% pg. _ FY2018 Proposed+ Grimes County Reserve Contributions FY14 $ 232,323.00 FY15 $ 194,261.00 FY16 $ 310,131.13 FY17 $ 310,131.13 Proposed FY18 $ 310,131.13 IFY2018 Balance After 10/1/2017 5 1,115,446.07 1 Page 17 Vol. P9. BRAZOS COUNTY CON tMISIONERS COURT Duane ters, County Judge 200 S. Texas Ave, Suite 332 Bryan TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 ATTEST %K�aren McQueen, County Clerk Date: � I I Date: V �% APP VED TO FORM Date: Assista t County Attomey Page 11 va.7% P9. �� F&PM Agreement MPO & Brazos Cmmry Effective: October 1, 2018 STATE OF TEXAS COUNTY OF BRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This Fiscal and Personnel Management Agreement, hereinafter referred to as "agreement", entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan -College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "B/CS MPO", the designated Metropolitan Planning Organization (MPO) for the Bryan -College Station Urban area, as authorized by the Fixing America's Surface Transportation (FAST) Act, under Title 23, United States Code, Section 134 (The Urban Transportation Planning Process), and further regulated by Title 23 Code of Federal Regulations 420 and 450. WITNESSETH WHEREAS, 23 U.S.C. Section 134,49 U.S.C. Section 5301 and Title 23 Code of Federal Regulations 420 and 450 et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, address the major transportation issues in the metropolitan planning area; and WHEREAS, the MPO Policy Board is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Title 23 Code of Federal Regulations 420 and 450 et seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS,the Governorof the State of Texas has designated B/CS MPO Policy Board as the MPO for the Bryan -College Station Urban area; and WHEREAS, the B/CS MPO requests that the County act as the financial disbursing agent for all B/CS MPO funds; and WHEREAS, the County, as one of the parties to an Inter -local Agreement creating the B/CS MPO, has determined it is in the public interest to assist the B/CS MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: Vol. Z7 Pg. �%7 F&PAI Agreement-, MPO & Brazos County Effective: October 1, 2018 ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the B/CS MPO. ARTICLE II TERM 2.01 The term of this Agreement begins on October 1, 2018 and ends September 30, 2021 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the B/CS MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the B/CS MPO by acting as the financial disbursing agent for B/CS MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts underthe supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues, County fiscal policy, and the B/CS MPO's state approved and adopted procurement procedures on behalf of the B/CS MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The B/CS MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the County or the B/CS MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contractto the B/CS MPO shall be properly endorsed and deposited in the trust account. 4.03 The B/CS MPO shall make contracts and commitments in its own name. The B/CS MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the B/CS MPO program will be set by the B/CS MPO. 4.04 The disbursement of funds to agencies or consultants under contractto the B/CS MPO will be made by the County in the amounts as specified by the B/CS MPO, so long as the B/CS MPO budget has sufficient funds to accommodate all payment requests. t p � F&PMAgreenienr MPO & Brazos Commty Effective: October 1. 2018 However, the B/CS MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result of the County performing any non -negligent task pursuant to this Agreement. The County is under no obligation to process payment requests unless sufficient funds for such purposes are present in the B/CS MPO budget. 4.05 All requestsfor reimbursement from the State of Texas or anyfederal agencyshall be prepared by the employees assigned to perform B/CS MPO tasks and submitted monthlyto the Texas Department of Transportation with a copy to the County Auditor. The B/CS MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the B/CS MPO. 4.06 The B/CS MPO assumes responsibilities for the legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of Transportation. The B/CS MPO adopts its own line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into, expense group/categories similar to the County's. Any expenditure over those established amounts and beyond the B/CS MPO Director's delegated authority shall be submitted to the Policy Board for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed tosupportthose services required by the B/CS MPO. 4.08 A. All employees working on B/CS MPO matters under the supervision of the B/CS MPO Director will be required to follow all personnel policies that have been established by the County. B/CS MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. B. In lieu of an increase in compensation, the B/CS MPO Board may annually authorize up to eighty (80) hours of B/CS MPO Leave for the Director of the B/CS MPO. This B/CS MPO Leave will not rollover and will not be paid out for any reason. If authorized by the B/CS MPO Board, the up to eighty (80) hours will be deposited in the B/CS MPO leave bank effective immediately and thereafter with the first pay period of each calendar year. 4.09 The B/CS MPO Policy Board shall selects Transportation Planning Director, hereinafter referred to as "Director", who will have full-time responsibility for administrating the work program of the B/CS MPO. The Director will also be responsible for hiring and supervising the B/CS MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and/or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval. 4.10 The Director will take direction on B/CS MPO policy and technical matters from the B/CS MPO Policy Board and direction on fiscal administrative matters from Brazos County. 4.11 The B/CS MPO shall pay all costs associated with the employees' as described in paragraph 4.08. The County Auditor is hereby authorized to make payment for B%CS MPO V . a 71' Pg. E&Ail Agreemeta; MPO & Brazos Co, airy 4 Effective.' October/. 2018 personnel costs, to be reimbursed on a monthly basis from B/CS MPO funds, as described in paragraph 4.01. 4.12 The B/CS MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the B/CS MPO Director. ARTICLE V TERMINATION 5.01 This Agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be in the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least sixty (60) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to County: Brazos County Administration Building 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 with a copy to: County Auditor 200 S. Texas Ave., Suite 218 Bryan, Texas 77803 If to MPO: Bryan -College Station Metropolitan Planning Organization Policy Board 3833 S. Texas Ave., Suite 290 Bryan, Texas 77802 ARTICLE VI NON-DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound bythe provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710A05(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws of the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Brazos County, Texas. Vol. a%% Pg. /fid_ F&PAI Agreement, AIPO & Drazat County Effective: October 1, 2018 ARTICLE VIII NON -ASSIGNMENT 5 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the B/CS MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. ARTICLE IX SEVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality or unenforceability shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANYAUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. BRAZOS COUNTY, TEXAS BRYAN/COLLEGE STATION METRO- POLITAN PLANNING ORGANIZATION POLI OARD By: By: �jen Coun y Judge - uane Peters Vice -Chair- C ncilm, City of Bryan � S �( Greg Owens Date: I U Date: 09-01-a0lb Vol. C"1%% pg. /Q✓ Contract No.: O - - - -- -Federal-Highway Administration: - - ------ - ------ - -- CFDA Title: CFDA No.: Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "Department," the Bryan/College Station Metropolitan Planning Organization (MPO) Policy Board, called the "MPO", which has been designated by the Governor of the State of Texas as the MPO of the Bryan/college Station urbanized area, and Brazos County, which serves as the Fiscal Agent for the MPO. WITNESSETH WHEREAS, 23 United States Code (USC) §134 and 49 USC §5303 require that MPOs, in cooperation with the Department and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, 23 Code of Federal Regulations (CFR) 450.314 requires the MPO, State, and public transportation operators within each metropolitan planning area to enter into a written agreement to clearly identify the responsibilities of the parties in carrying out the metropolitan planning process; and WHEREAS, 23 USC §104(d) authorizes Metropolitan Planning funds and 49 USC §5305 authorizes funds to be made available to MPOs designated by the Governor to support the urban transportation planning process; and WHEREAS, the Department participates in the Consolidated Planning Grant program in which federal transit planning funds authorized under 49 USC §5305 are transferred to the Federal Highway Administration, combined with additional federal funds, and distributed to the state as a single distribution; and WHEREAS, the federal share payable for authorized activities using the Consolidated Planning Grant funds is eighty percent (80%) of allowable costs; and WHEREAS, Texas Transportation Code §221.003 authorizes the Department to expend federal and state funds for improvements to the state highway system; and WHEREAS, Texas Transportation Code §201.703 authorizes the Department to expend federal funds and to provide state matching funds for allowable costs necessary for the improvement of roads not in the state highway system; and WHEREAS, this agreement outlines the requirements and responsibilities of the parties for federal reimbursement using Consolidated Planning Grant funds and other federal transportation funds that may be used for planning (e.g., Surface Transportation Program, National Highway System, Congestion Mitigation and Air Quality, etc.); and TPP & MPO Agreement P e 1 Of 16 Revised 5/21/18 Vol. i o _ pg. Contract No.: -- _-FederatHighwayAdministration --- _----- _---- CFDA Title: .. CFDA No.: Not Research and Development WHEREAS, the Governor of the State of Texas and the Brazos County have executed an agreement pursuant to the MPO designation; and WHEREAS, an area equal to or larger than the above-mentioned urbanized area has been delineated in accordance with federal and state guidelines where required metropolitan transportation planning activities may take place; and WHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that in accordance with 49 CFR §18.40, the Department shall monitor all activities performed by its staff or by sub - recipients with Federal Highway Administration (FHWA) planning and research funds to assure that the work is being managed and performed satisfactorily and that time schedules are being met; and NOW THEREFORE, it is agreed as follows: AGREEMENT Article 1. Agreement Period A. This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. The Department shall not continue its obligation to the MPO under this agreement if the Governor's designation of the MPO is withdrawn; if federal funds cease to become available; or if the agreement is terminated as provided below. B. This agreement expires on September 30, 2024. No fewer than one hundred and twenty (120) days before the expiration date, the Department may, at its sole discretion, exercise in writing an option to extend the agreement by a period of no more than two years. The Department may exercise this option no more than two times. If all terms and conditions of this agreement remain viable and no amendment to the existing agreement or new agreement is required, a letter from the Department to the MPO shall constitute renewal of this agreement subject to all terms and conditions specified in this agreement. However, an amendment or a new agreement may be executed, if necessary. Article 2. Responsibilities of the Department The responsibilities of the Department are as follows: A. Assist in the development of the Unified Planning Work Program (UPWP), approve the format of work programs submitted by the MPO, and, where required by federal law or regulation, monitor the MPO's performance of activities and expenditure of funds under a UPWP. Where monitoring is not required, the Department is responsible for reviewing the MPO's activities and expenditure of funds, and will comment on and make suggestions relating to those activities and expenditures. B. Develop a time line for development of the UPWP by the MPO; and in consultation with the MPOs, shall develop a standard UPWP format to be used by all MPOs. C. Make available to the MPO its share of all federal metropolitan planning funds and provide the required non-federal match as authorized by the Texas Transportation Commission. The Department will distribute federal transportation planning funds to the MPO based on a formula developed by the Department, in consultation with the MPOs, and approved by FHWA, the Federal Transit Administration (FTA), and other applicable federal agencies. D. Provide to the MPO, as appropriate, technical assistance and guidance for the collection, processing, and forecasting of socio-economic data needed for the development of traffic TPP & MPO Agreement Page 2 of 16 __� Revised 5/21/18 Contract No.: ---- -Federal Highway Administration: ---_--� -------- . CFDA Title: .. _ CFDA No.: Not Research and Development forecasts, plans, programs, and planning proposals within the metropolitan area, including collecting, processing, and forecasting vehicular travel volume data in cooperation with the MPO, as appropriate. E. Jointly promote the development of the intermodal transportation system within the metropolitan area by identifying points in the system where access, connectivity, and coordination between the modes and inter -urban facilities would benefit the entire system. F. Share with the MPO information and information sources concerning transportation planning issues that relate to this agreement. G. Cooperatively develop and share information with the MPO related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO, and the collection of data for the State asset management plan for the National Highway System (NHS). Article 3. Responsibilities of the MPO The MPO is an organization created to ensure that existing and future expenditures on transportation projects and programs are based on a continuing, cooperative, and comprehensive planning process. The responsibilities of the MPO are as follows: A. Document planning activities in a UPWP to indicate who will perform the work, the schedule for completing it, and all products that will be produced. In cooperation with the Department and public transportation operators as defined by 23 CFR Part 450, the MPO must annually or bi-annually develop a UPWP that meets federal requirements. B. Prepare and submit to the Department an annual performance and expenditure report of progress no later than December 31 of each year. A uniform format for the annual report will be established by the Department, in consultation with the MPOs. C. Use funds provided in accordance with 43 Texas Administrative Code (TAC) §16.52 and Article 2 (Responsibilities of the Department) of this agreement to develop and maintain a comprehensive regional transportation planning program in conformity with the requirements of 23 USC §134, 49 USC §5303, and the Texas Comptroller of Public Accounts Uniform Grant Management Standards (UGMS). D. Develop a Metropolitan Transportation Plan (MTP), a Transportation Improvement Program (TIP), and a UPWP for the Metropolitan Planning Area (MPA), all of which are consistent with the Statewide Long -Range Transportation Plan (SLRTP), as required by the state and federal law. At a minimum, the MPO shall consider in their planning process the applicable factors outlined in 23 USC §134. E. Assemble and maintain an adequate, competent staff with the knowledge and experience that will enable them to perform all appropriate MPO activities required by law. F. Forecast, collect, and maintain appropriate socio-economic, roadway, and travel data on a timely basis, in cooperation with the Department. G. Prepare all required plans, programs, reports, data, and obtain required certifications in a timely manner. H. Share information with the Department and information sources concerning transportation planning issues. I. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO Executive Director, TPP & MPO Agreement Revised 5/21/18 VOL Pg. /G Contract No.: Federal Highway Administration:--- -- --- -- CFDA Title: CFDA No.: Not Research and Development Article 4. Responsibilities of the MPO Policy Board The MPO Policy Board is the policy body that is the forum designated under 23 USC §134 with the responsibility for establishing overall transportation policy for the MPO and for making required approvals. The MPO Policy Board is comprised of those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the committee. The responsibilities of the MPO, acting through its Policy Board, are as follows: A. Ensure that requirements of 23 USC §§134 and 135 and 49 USC, Chapter 53, are carried out. B. Use funds provided in accordance with Article 2 (Responsibilities of the Department) of this agreement to develop and maintain a comprehensive regional transportation planning program in accordance with requirements of 23 USC §134 and 49 USC §5303. C. Develop and adopt an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations. D. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO Executive Director. E. Provide planning policy direction to the MPO Executive Director. Article 5. Responsibilities of the Fiscal Agent The Fiscal Agent for the MPO is the entity responsible for providing fiscal, human resource, and staff support services to the MPO. The responsibilities of the Fiscal Agent are as follows: A. Maintain required accounting records for state and federal funds consistent with current federal and state requirements. B. Provide all appropriate funding, as identified by fiscal year in the UPWP, to allow the MPO staff to effectively and efficiently operate the program. C. Provide human resource services to the MPO. D. Provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally provides its own employees; or as determined through an agreement between the MPO and the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits may be reimbursed by the MPO. E. Establish procedures and policies for procurement and purchasing, when necessary, in cooperation with the MPO. Article 6. Responsibilities of the MPO Executive Director The responsibilities of the MPO Executive Director are as follows: A. Administer the MPO's UPWP. The Director shall serve in a full-time capacity and shall take planning policy direction from and be responsible to the designated MPO Policy Board. B. Act as a liaison to the Department, relevant to the Department's transportation planning activities. C. Oversee and direct all MPO transportation planning staff work performed using MPO funds. D. Prepare and submit all required plans, programs, reports, data, and certifications in a timely manner. E. Develop and present to the MPO Policy Board an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations. F. Share with the Department information and information resources concerning transportation planning issues. TPP & MPO Agreement �PageA-of 16-------------_�___.., Revised 5/21/18 Vol. o� %% Pg. /��� Contract No.: Highway-Administration:------_---------_---- _CFDA Title: CFDA No.: Not Research and Development Article 7. Unified Planning Work Program A. Each year the MPO shall submit to the Department a program of work that includes goals, objectives, and tasks required by each of the several agencies involved in the metropolitan transportation planning process. This program of work is to be called the Unified Planning Work Program (UPWP), or any successor name. The UPWP shall be approved by the MPO Policy Committee, in accordance with 23 CFR §450.314. B. The UPWP will be prepared for a period of one (1) year or two (2) years unless otherwise agreed to by the Department and the MPO. The UPWP shall reflect only that work that can be accomplished during the time period of the UPWP, in accordance with TAC §16.52. C. The UPWP shall reflect transportation planning work tasks to be funded by federal, state, or local transportation, or transportation related (e.g. air quality) planning funds. The budget and statement of work will be included in the UPWP. The MPO may not incur costs until final approval of the UPWP is granted. The maximum amount payable will not exceed the budget included in the UPWP. D. The effective date of each UPWP will be October 1st of each year or the date of approval from the appropriate oversight agency, whichever occurs later. On that date, the UPWP shall constitute a new federal project and shall supersede the previous UPWP. E. The UPWP shall comply with all applicable federal and state requirements and will describe metropolitan transportation and transportation -related planning activities anticipated in the area. F. The use of federal metropolitan transportation planning funds shall be limited to transportation planning activities affecting the transportation system within the boundaries of a designated metropolitan planning area. If an MPO determines that data collection and analysis activities relating to land use, demographics, or traffic or travel information, conducted outside its boundaries, affects the transportation system within its boundaries, then those activities may be undertaken using federal planning funds, if the activities are specifically identified in an approved UPWP. Any other costs incurred for transportation planning activities outside the boundaries of a designated metropolitan planning area are not eligible for reimbursement. G. Travel outside the State of Texas by MPO staff and other agencies participating in the MPO planning process must be approved by the Department if funded with federal transportation planning funds. The MPO must receive approval prior to incurring any costs associated with the actual travel (e.g., registration fee). This provision will not apply if the travel is at the request of the Department. Travel to the State of Arkansas by the Texarkana MPO staff and travel to the State of New Mexico by the EI Paso MPO staff shall be considered in-state travel. H. The cost of travel incurred by elected officials serving an the MPO Policy Board is eligible for reimbursement with federal transportation planning funds in accordance with 43 TAC §16.52. I. The use of federal transportation planning funds is limited to corridor/subarea level planning or multimodal or system -wide transit planning studies. Major investment studies and environmental studies are considered corridor level planning. Unless otherwise authorized by federal law or regulation, the use of such funds beyond environmental document preparation or for specific project level planning and engineering (efforts directly related to a specific project instead of a corridor) is not allowed. J. Failure to adhere to the time line developed by the Department may result in a delay in the authorization to the MPOs to proceed in incurring costs. TPP & MPO Agreement Page 5�of 16 Revised 5/21/18 vol. Pg. Al Contract No.: -Federal Highway -Administration: - -- ---- - --- - -- ---- - --- CFDA Title: CFDA No.: Not Research and Development K. A UPWP will not be approved if it is submitted in a format other than the standard format developed by the Department. The UPWP and subsequent amendments may be submitted electronically. L. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent amendments (i.e., adding new work tasks or changing the scope of existing work tasks) prior to receiving approval from the Department. Any costs incurred prior to receiving Department approval are not eligible for reimbursement from federal transportation planning funds. M. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP without prior approval of the MPO Policy Board and the Department. Costs incurred on individual work tasks shall not exceed that task budget by 25 percent without prior approval of the MPO Policy Board and the Department. If the costs exceed 25 percent of the task budget, the UPWP shall be revised, approved by the MPO Policy Board, and submitted to the Department for approval. N. The MPO Policy Board must approve the UPWP and any subsequent revisions, and shall not delegate the approval authority, except for corrective actions. Corrective actions do not change the scope of work, result in an increase or decrease in the amount of task funding, or affect the overall budget. Examples include typographical, grammatical, or syntax corrections. O. Should any conflict be discovered between the terms of this agreement and the UPWP, the terms of this agreement shall prevail. P. The MPO is not authorized to request payment for any work it may perform that is not included in the current UPWP. Article 8. Compensation The Department's payment of any cost incurred under this agreement is contingent upon all of the following: A. Federal funds are available to the Department in a sufficient amount for making payments. B. The incurred cost is authorized in the UPWP. The maximum amount payable under this agreement shall not exceed the total budgeted amount outlined in the UPWP in accordance with 43 TAC §16.52. C. The cost has actually been incurred by the MPO and meets the following criteria: 1. Is verifiable from MPO records; 2. Is not included as match funds for any other federally -assisted program; 3. Is necessary and reasonable for the proper and efficient accomplishment of program objectives; 4. Is the type of charge that would be allowable under 2 CFR 200 Revised, "Cost Principles for State, Local, and Indian Tribal Governments" and the state's UGMS; and 5. Is not paid by the Department or federal government under another assistance program unless authorized to be used as match under the other federal or state agreement and the laws and regulations to which it is subject. D. After October 1 st of each year, the Department will issue a work order to the MPO establishing the effective date of work and the total funds authorized. If the UPWP is subsequently revised, necessitating a revision to the original work order, or the Department deems a revision necessary, a revised work order may be issued at any time throughout the fiscal year. If the amount in the UPWP differs from the amount in the work order, the amount in the work order prevails. E. The MPO is authorized to submit requests for payment of authorized costs incurred under this agreement on a semi-monthly basis, but no more than twenty four (24) times a year and TPP & MPO Agreement Page�of-15�-__.._____�____�E Revised 5/21/18 �oa. �7% -1 Contract No.: 'Federal-Highway Administration:- -- -- - --- - CFDA Title: CFDA No.: Not Research and Development no less than monthly as expenses occur. Each request for payment shall be submitted in a manner acceptable to the Department, which includes, at a minimum, the following information: 1. UPWP budget category or line item; 2. Description of the cost; 3. Quantity; 4. Price; 5. Cost extension; and 6. Total costs F. The MPO shall submit the final bill from the previous fiscal year to the Department no later than December 31s' of the calendar year in which that fiscal year ended. Any bills submitted after December 31 for a fiscal year in which the funds have been de -obligated will be processed against the current year's UPWP. G. Payment of costs is contingent upon compliance with the terms of Article 3 (Responsibilities of the MPO) of this agreement. Noncompliance may result in cancellation of authorized work and suspension of payments after a thirty (30) day notification by the Department to the MPO. Article 9. Reporting To permit program monitoring and reporting, the MPO shall submit reports as required in Article 3 (Responsibilities of the MPO) of this agreement. If task expenditures overrun or underrun a budgeted task amount by twenty-five percent (25%) or more, the annual performance and expenditure report must include an explanation for the overrun or underrun. Article 10. Indemnification A. The MPO shall save harmless the Department and its officers and employees from all claims and liability that are due to activities of the MPO, its agents, or its employees performed under this agreement and that are caused by or result from error, omission, or negligent act of the MPO or of any person employed by the MPO. B. To the extent possible under state law, the MPO shall also save harmless the Department from any and all expense, including but not limited to, attorney fees that may be incurred by the Department in litigation or otherwise resisting claims or liabilities that may be imposed on the Department as a result of the activities of the MPO, its agents, or its employees. Article 11. Inspection of Work and Retention of Documents A. The Department and, when federal funds are involved, the U. S. Department of Transportation (USDOT), and their authorized representatives shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises on which it is being performed. B. If any inspection or evaluation is made on the premises of the MPO or a subcontractor, the MPO shall provide or require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. C. The MPO agrees to maintain all books, documents, papers, computer generated files, accounting records, and other evidence pertaining to costs incurred and work performed under this agreement, and shall make those materials available at its office during the time period covered and for seven (7) years from the date of final payment under the UPWP. TPP & MPO Agreement Page 7 of 1 D 1(18 Vol. _ pg.� Contract No.: Federal - Highway Administration: "CFDATitle: --- - - - -- CFDA No.: Not Research and Development Those materials shall be made available during the specified period for inspection by the Department, the USDOT, and the Office of the Inspector General of the USDOT and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. D. The state auditor may conduct an audit or investigation of any entity receiving funds from the Department directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit under the state's UGMS. Article 12. Work Performance All work performed under this agreement shall be carried out in a professional and orderly manner, and the products authorized in the UPWP shall be accurate and exhibit high standards of workmanship. Article 13. Disputes The MPO shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of work under this agreement. In the event of a dispute between the Department and the MPO concerning the work performed under this agreement in support of the urban transportation planning process, the dispute shall be resolved through binding arbitration. Furthermore, the arbiter shall be mutually acceptable to the Department and the MPO. Article 14. Non -Collusion The MPO shall warrant that it has not employed or retained any company or person, other than a bona fide employee working for the MPO, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the MPO breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of the fee, commission, brokerage fee, gift, or contingent fee. Article 15. Subcontracts A. Any subcontract for services rendered by individuals or organizations not a part of the MPO's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the USDOT. All work in the subcontract is subject to the state's UGMS. If the work for the subcontract is authorized in the current approved UPWP, and if the MPO's procurement procedures for negotiated contracts have been approved by the Department either directly or through self - certification by the MPO, the subcontract shall be deemed to be authorized and approved, provided that the subcontract includes all provisions required by the Department and the USDOT. B. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. C. No subcontract will relieve the MPO of its responsibility under this agreement. TPP & MPO Agreement Page 8 of 16 Vol. �"'—'------Rouiced5/27/18 _ Pg._ Contract No.: -federal-Highway-Ad ministrations - CFDA_Title:. ....... CFDA No.: Not Research and Development Article 38. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the MPO must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at singleaudits@txdot.aov. C. If expenditures are less than the threshold during the MPO's fiscal year, the MPO must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY .11 D. For each year the Project remains open for federal funding expenditures, the MPO will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. Article 39. Notices All notices to any party by the other parties required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to the party at the following addresses: All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided in this agreement. Any party may change the above address by sending written notice of the change to the other parties. Any party may request in writing that notices shall be delivered personally or by certified U.S, mail and that request shall be honored and carried out by the other parties. TPP & MPO Agreement Page 15 of 16 Executive Director MPO: Bryan/College Station MPO 3833 S. Texas Avenue, Suite 290 Bryan, TX 77802 County Auditor Fiscal Agent: Brazos County on behalf of the B/CSMPO 200 South Texas Avenue, Suite 218 Bryan, TX 77803-2760 Director, Transportation Planning & Programming Division Department: Texas Department of Transportation 125 E. 11'" Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided in this agreement. Any party may change the above address by sending written notice of the change to the other parties. Any party may request in writing that notices shall be delivered personally or by certified U.S, mail and that request shall be honored and carried out by the other parties. TPP & MPO Agreement Page 15 of 16 Contract No.: -- - -- FederalHighwayAdministration -.. _ .. _ .._...___ _... ..CFDA.Title: ............__. _. CFDA No.: Not Research and Development Article 40. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the Department, the MPO, and the Fiscal Agent in triplicate. THE MPO Councilme er Greg Owens City of Bryan, Texas MPO Policy Committee Vice Chair O�-o ti- a6i 6 Date THE DEPARTMENT Signature Typed or Printed Name Director, Transportation Planning and Programming Division, Texas Department of Transportation Title Date THE FISCAL AGENT I Deane Petery County Ju e County of Brazos, Texas 1� Date TPP & MPO Agreement Page 16 of 16a pg. 117 h AMENDMENT OF 17-284 Herbicides and Surfactants The parties to this AGREE TO THE AMENDMENT to Contract 17-284 ("Amendment") are Brazos County, a political subdivision of the State of Texas and Crop Production Services, now known as Nutrien Ag Solutions Inc." ("Vendor"). WHEREAS, Crop Production Services has changed its legal business name to "Nutrien Ag Solutions Inc" and WHEREAS, Vendor shall continue being responsible for the discharge or performance of any duties or obligations to be performed or discharged under the Contract by the Vendor during the term of the Contract; and NOW, THEREFORE, for the good and valuable consideration stated herein, Purchaser and Vendor agree as follows: Vendor hereby accepts and agrees to perform all the duties and obligations to be performed under the Contract to the same extent as it previously entered prior to its name change. 2. For the Purposes of this amendment the only change to the original contract is the name of the Vendor. Vendor agrees and confirms that no other changes have been made. Vendor represents that it is the same entity that entered the original contract and agrees to be legally held responsible for all terms contained in the original contract just as it would be if it had entered the original contract under the name of "Nutrien Ag Solutions Inc." EXECUTED this 1A day of 20 19. ("Effective Date") BRAZOS COUNTY, a political subdivision n�yof the State of Te By: Du a Peters, C unty Judge VENDOR: Nutrien Ag Solutions, Inc. By: U P Name: Lr11r11ti�t Title: 'RQq(Dn Mullayr Eva. X77 Pg, /IS Proposal Noble Implementation Agency: Brazos County Juvenile Probation Date: April 10, 2018 Prepared for: Linda Ricketson Noble Software Croup, LLC F��� l `' Vo1,��- P9 / .. Noble Implementation Noble Software Group Brazos County Juvenile Probation Communication Please direct all correspondence regarding this statement of work to: Diana Norris title: President email: dnorris@noblesg.com phone: (979) 248-6568 Aaron Picton title: Chief Financial Officer email: apicton@noblesg.com phone: (530) 276-8487 Summary Noble is offering the Noble Assessment Platform to Brazos County Juvenile Probation as a cloud -based service hosted by Noble. The Platform will be delivered with the following assessments: PACT Pre and PACT Full Screen, MAYSI-II, and PREA. The system includes TJJD-compliant case plans and, unlike competing systems, gives the ability to transfer youth to and from other agencies using Noble, including TJJD. Deliverable 1: Noble Assessment Platform Noble will host the Noble Assessment Platform for 28 users in Brazos. Brazos will gain access to the following automated assessments: • PACT Pre • PACT Full • PREA • MAYSI-II in English and Spanish The Assessment Platform allows for an unlimited number of subjects and assessments to be completed by users. Additionally, case planning functionality is included in the platform and allows for unlimited case plans to be completed. The new Chapter 341 case plan from TJJD is included, along with the IV -E case plan for agencies that choose to claim IV -E funds. The system supports full integration with other agencies using the Noble Assessment Platform, including TJJD. This allows youth, case plans, and assessments to be seamlessly transferred to these agencies. The Noble Assessment Platform makes reporting simple! Out-of-the-box reports allow for quick analysis of your agency's risk level breakdown, the top criminogenic needs in your counties, and mental health needs. When looking at individual youth, users can report on risk levels, mental health needs, analyze trauma scales, and 21 Page Not for disclosure outside of Brazos County Juvenile Probation County or Noble Software Group without prior permission. Noble Implementation Noble Software Group Brazos County Juvenile Probation visualize the youth's case planning needs. Adverse Childhood Experience (ACE) scales are also available for review. Every installation of Noble's Assessment Platform comes standard with our forms designer. This is the same tool Noble Engineers use to build Noble's assessments, and it's available at no charge to users within your agency. This powerful tool allows the creation of custom forms and assessments by your own agency staff that are instantly made available to users. This allows for custom data capture without expensive vendor calls for customization services. The Assessment Platform comes with documentation and licenses to allow for integration with JCMS. This integration is designed to save time and avoid data entry errors by allowing for single -sign on into the platform, automatic transfer of subject demographic information, and automatic entry of criminal history information. Use of this integration service is completely optional, however, and there is no separate cost associated with activating integration services. Cloud -based installation of Noble Assessment Platform Noble will provide the license, hosting, and on-going maintenance of the Assessment Platform within Noble's data center. Requirements Client computers need to be running Internet Explorer 11 or later to access and utilize the assessment platform and have Adobe Reader installed for the viewing of reports within the system. Google Chrome and Mozilla Firefox are also fully supported. Deliverable 2: Training Noble will send a professional trainer onsite for trainings. Trainings are priced per day of instructor training, and all travel expenses are included in the daily rate for the training. A breakdown of suggested trainings and a proposed schedule for each of the user counts follows. The training listed below is included in this offer and will be offered by Noble at no extra charge. Any additional training is available at the rate of $2,200 per day, and all training expenses are included in the daily rate. Assessment and Case Plan Training - This two-day session is designed for line staff and supervisors to learn the assessment tools and the eight guiding principles of effective interventions. Case Plan training includes modules on effective interviewing and the creation of case plans that are actionable, effective, and meaningful in the lives of offenders and their families. This class has a maximum size of 25 participants, and one session will be scheduled to cover the training of all users. Assessment and Case Plan Refresher Training - This one -day session is scheduled to fall approximately three months after the go -live date of the application. The curriculum is designed to help maintain fidelity to the assessment model and refresh attendees on core principles after critical 31 Page Not for disclosure outside of Brazos County Juvenile Probation County or Noble Software Group without —prior permission. I vol, ;1 _ P-- . ,� Li Noble Implementation Noble Software Group Brazos County Juvenile Probation experience has been gained. Like the initial assessment training, this class has a 25 student limit, and one session will be scheduled. Training Schedule -�B i"��'?:,:Fv.�ii'.�. :��v�''t"�, w.�,e�..'z?.,'a.-.'v5�*�gy.&.k .. iti.'�.rC.a�ar'�3'' �ti:'`•�i^�c-•.`�.��^.. Assessment and Case Planning - 2 -day sessions 2 Refresher -1-day session 1 For the first year and any subsequent years, training costs may be reduced from the quoted amounts by combining the training sessions with neighboring counties. Contact us if you would like to arrange a joint training session with any of your neighboring agencies. Noble is including an annual two-day training as part of the ongoing costs to account for staff turnover. Requirements Participants will need to provide a suitable training facility for the number of staff trained. All participants will need access to a computer with an internet connection, Microsoft Internet Explorer 11 or later, and Adobe Reader. Internet access for the instructor is required. Summary of Costs The costs listed are based on the assumptions and requirements listed. Additional costs may apply should those assumptions and requirements not hold true. For cloud -based installations, a yearly hosting fee is incurred. 28 Users A summary of costs for 28 users hosted in Noble's cloud -based environment is presented. � ���+�::N'.$�1CA. ._ � <t�.r `Yyi "9„ x w w �'�." ,n ��.i{n .'•=,'y'� . _?r' Deliverable 1 Noble Assessment Platform 28 Users $16,647 Deliverable 2 Trainin $6 600 Maintenance Maintenance for Assessment Platform n/a TofalFollowirg Years.(includes„1s,PACT„„training' per;year) ” .s?. ',. 047 rage Not for disclosure outside of Brazos County Juvenile Probation County or Noble Software Group without prior permission. F. � P9• �7 i SOLE SOURCE I SINGLE rSOURCEiI NO SU$STITUTE JUSTIFICATION Complete this form and submit to Purchasing for Sole Source purchases over $1000.00 Noble Software RE_QIJ[SITION # ITEM (SJ C6ST_5 1. Check the category most applicable to your requirement ✓Sole Source. (No other known source or the only source meeting specifications.) []Single Source. (Only the designated Supplier is acceptable due to territories, others may exist.) ❑Other. Please Explain 11. Check the description(s) most applicable to your requirement: 7✓ Item has characteristics unique to a Single manufacturer essential to proposed use. Proprietary repair or replacement item. F—IDesigned into fabricated equipment. F, Required for test and evaluation. Emergency acquisition as defined in LGC 262 ✓QOther: Required for State Mandated Risk/Needs Assessments of Youth for treatment 111. Defining Item ISupplier uniqueness: A. What are the minimum use requirements (e.g., operating specs; dimensions; tolerances; accuracy; purity, reliability: useful life, etc.)? Web Based Assessment; ongoing technical support B. How are these requirements critical to your needs? Can benefit from cross county and statewide integration; facilitates PREA.compliance C. What other suppliers were considered and why were they rejected? (Brand names and suppliers should be specified.) There are no other suppliers for this particular web based risk/needs assessment tool I). Why is this make, model, service, or supplier the only one acceptable? Only supplier who offers integration with the Texas Juvenile Justice Department systen Prepared By: Lupe M. Washington. Date: 7/18118 ((D�epartmnen�t Peerrsonnel) Approved By: Date: 7/18/18 I)epacnneAAt Head or Elected Official) n /l. b106,. . ael Z Approved By: Date: Denied By: Dale: Reason: Vol. _ � pg. / I ' Noble support@noblesgxon 1320 Yuba St. Suite. #212 Redding, CA 96001 To whom it may concern: Thank you for your interest in the Noble Assessment Platform. Noble offers the same features found in other assessment platforms, but has many proprietary innovations that cannot be found in competing products. The items listed below are proprietary innovations: I. The software is entirely based on Microsoft's .NET framework 2. Provides a PREA assessment to enhance youth safety and demonstrate PREA compliance 3. Provides a form authoring tool that allows for end users to create scorcable assessments and non - scored forms for easy data collection. 4. Mapping of PACT assessment results to industry -standard 8 criminogenic need areas 5. A case planning tool that highlights stabilizing factors such as homelessness and mental health issues; helping officers focusing on critical needs prior to assigning general case planning goals. 6. An automated inter -rater reliability site designed to offer your staff the ability to watch professional interviews, complete assessments on those videos, and have the results of the completed assessments compared to a model assessment completed by experts. 7. Noble is the only assessment vendor who offers integration with Corrections Software Solutions case management system. 8. Noble is the only assessment vendor who has automated the current standard case plan and Title IV -E case plans published by TJJD. 9. Noble's software supports transfers of youth assessment and case plan data between other agencies that also use Noble's software. We think that you will find, as our customers have, that these features set our product apart in terms of functionality and overall efficacy. Sincerely, Diana Norris President Noble Software Group (530)276-8487 vol. pg. /�f< House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Noble Software Group, LLC Authorized Company Representative: Aaron Picton 1320 Yuba St, Ste 212 CA 96001 7/23/2018 Contract M 19-024 CERTIFICATE OF INTERESTED PARTIES Foam 1295 loll Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-383057 Noble Software Group, LLC Redding, CA United States Date Filed: 07/23/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Date Acknowledged: Brazos County Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a 3 description of the services, goods, or other property to be provided under the contract. 19-024 Noble Assessment Platform hosting. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Norris, Diana Tiki Island, TX United States X Parke, Bryan Cottonwood, CA United States X Winterman, Mark Seattle, WA United States X Brown, Colby Middleton, ID United States X Picton, Aaron Redding, CA United States X X 5 Check only if there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION A�rr`fs'1 and my date of birth is U 3 cl My name is `1�'L�oC�1 my address is �SZ� S�`i5 %y S- Z11— , Q�da�,, , CA 6001 tns/A . (street) (city) (state) (zip ccde) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in County County Stala of l,tt\A'�'mh , on the day of.�'n1 20 1 J (m(year) Signature of authorizetl agent of contracting business entry (Declarant) Forms provided by Texas Ethics Commission us Version V1.0.6711 Va. Pg. /,2 4 i SOFTWARE HOSTING AGREEMENT between NOBLE SOFTWARE GROUP, LLC and Brazos County THIS SOFTWARE LICENSE AGREEMENT (this "Agreement") is made and entered into and effective July 11, 2018 (the "Effective Date") by and between Noble Software Group, LLC, (hereinafter called "Noble"), and Brazos Juvenile Probation, located at 1904 Highway 21 West, Bryan, TX 77803 (hereinafter called "Client"). RECITALS WHEREAS, Client desires to obtain a non-exclusive license to use certain proprietary software and related documentation from Noble under the terms and conditions of this Agreement; and WHEREAS, Noble desires to grant such license to Client as a hosted service under the terms and conditions of this Agreement and to perform additional services, including but not limited to installation, integration, testing, and training of the Noble software under the terms and conditions of subsequent Work Orders (defined below) issued under this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties hereby agree as follows 1. DEFINITIONS "Agreement": This Agreement including the following Exhibits: Exhibit A Licensed Software Exhibit B Third Party Materials ExhibitC Client Tasks Exhibit D Pricing Exhibit E Model Work Order which are incorporated herein for all purposes. "Documentation": Text materials which describe the design, function, operation and use of the Licensed Software and which are customarily delivered by Noble to licensees thereof. Vol.�� 2 i "Licensed Software": The source and object code software identified in Exhibit A as Licensed Software, delivered solely by the Hosting Site "Third Party Materials": Those products specified as such in Exhibit B which will be procured by Noble from a third party for delivery to Client. Unless identified in Exhibit B or upon notice and written approval of Client, Noble will not deliver any Third -Party Materials. "User Position": Workstations, personal or desktop computers, terminals or other items installed to support and be dedicated to, at any one time, a single individual as part of the Licensed Software. "Work Order": A written document, in substantial conformity with the model work order in Exhibit E, signed by both parties, specifying the mutually -agreed upon terms for the performance of additional tasks by Noble and which, upon performance, shall be included in and governed by all other terms and conditions of this Agreement. If the Work Order calls for the development of software, the Work Order shall also specify ownership of any intellectual property created thereby in a manner consistent with the title provisions of this Agreement set forth in Section 6, below, and the acceptance criteria for such software. "Hosted Site": An internet-based website maintained by Noble for the purposes of delivering the Licensed Software to Client. 2. SCOPE OF TASKS Upon execution of this Agreement and receipt of the license fees due hereunder, Noble will promptly deliver a hosted website with the Licensed Software to Client and accomplish its responsibilities under this Agreement provided that Client timely completes its responsibilities under this Agreement, specifically including those set forth in Exhibit C: Client Tasks. Client is responsible for meeting the environmental site requirements set forth in Exhibit C: Client Tasks in a timely manner and at the Client's cost. Client may request the performance of additional tasks. If Noble agrees, each such task will be documented in a Work Order which will specify the tasks to be performed, the deliverables, the time table for performance and the basis for payment whether on a fixed-price ("Fixed Price") or time -services -materials -and -expenses (T&M") basis. Unless specified otherwise in the Work Order, the terms and conditions of this Agreement shall apply to performance of the Work Order. The pricing for T&M work shall be at Noble customary pricing schedules unless a specific price is set forth in the Work Order. 3. CONSIDERATION In consideration of Noble's performance, Client agrees to pay Noble in accordance with the following provisions: License and Other Fixed Price Fees. The charges for Licensed Software and other fixed price items are or shall be set forth in Exhibit D or Work Orders and payable as set forth therein or, if not set forth, payable as follows: VO4. % % Pg. / 2 one-third due upon execution of this Agreement or the applicable Work Order, one-third upon delivery, and the balance payable upon acceptance. T&M Fees. The charges for performance of any T&M tasks due to Work Orders will be billed monthly for charges incurred in the previous monthly period and are due and payable within thirty (30) days of the date of the invoice. Expenses may include, but are not limited to, reasonable charges for materials, office and travel expenses, graphics, documentation, research materials, computer laboratory and data processing, and out-of- pocket expenses reasonably required for performance. Expenses for travel and travel -related expenses and individual expenses in excess of US$500 require the prior approval of Client. A service charge of one and one-half percent (1.5%) per month, or the highest lawful interest rate, whichever is lower, will be applied to all amounts which are not paid within fifteen (15) business days after notice is given that payment is overdue. All payments shall be made in United States dollars. International payments will be made by wire transfer to a bank designated by Noble. 4. TAXES Client agrees to indemnify and hold Noble harmless from any taxes including, but not limited to, sales tax, use tax, withholding, value-added or similar tax, and property taxes that may be assessed or levied by any jurisdiction arising out of the performance of this Agreement but excluding any taxes based upon or determined by reference to Noble's income or level of business activity ("Taxes"). It is understood and agreed that the prices and estimates set forth in this Agreement do not include provision for Taxes and Noble does not collect such taxes for deposit with any federal, state or local taxing authority. 5. ACCEPTANCE Unless the parties agree otherwise herein or in a Work Order, the Licensed Software will be considered accepted upon delivery. In the event that there are multiple sites, acceptance of the Licensed Software, or any part thereof, at the first such delivery shall constitute acceptance at all subsequent sites. If a Work Order calls for installation and acceptance testing, the parties agree to the following procedure Following proper installation of the Licensed Software by Noble pursuant to the Work Order, unless specified in the Work Order, the parties will perform the acceptance tests provided by Noble for the purpose of determining that the Licensed Software performs substantially in accordance with its Documentation or, in the case of new software development, substantially in accordance with Client's functional requirements for such software. If the Licensed Software (including newly developed software) substantially performs the acceptance tests, Client shall notify Noble within five (5) days, and the date of notification shall be the acceptance date. Failure to do so will constitute acceptance. Testing will be scheduled in accordance with the implementation plan set forth in the Work Order. If Client fails to notify Noble of any material defect within thirty (30) days of installation of the Licensed Software, the Licensed Software shall be deemed accepted by Client. VO4. pg. /moi If Client notifies Noble in writing and demonstrates to Noble that the Licensed Software has not substantially met the acceptance tests, Noble shall make corrections and modifications to the Licensed Software so as to meet such criteria. The charges for corrections and modifications to Fixed Price components are included in the Fixed Price established therefor. The charges for corrections and modifications to T&M components will be charged on a T&M basis. Corrections and modifications will be accomplished on a timely basis to make the Licensed Software ready for retesting by Client. The parties shall repeat the acceptance tests as soon as reasonably requested by Noble and Client shall notify Noble within five (5) days after such tests have been conducted if and when the Licensed Software is accepted. In the event that the Licensed Software (or parts thereof) does not pass the applicable acceptance test(s), Client may issue a conditional acceptance, upon terms acceptable to both parties, which will permit utilization in production and continued correction by Noble of any defects. If Client declines to grant conditional acceptance, then Client may terminate this Agreement in accordance with section 8.5. Otherwise, the date of the last such test shall be the acceptance date. In the event the Licensed Software (or parts thereof) does not pass the applicable acceptance test(s), but is utilized by Client in a production environment for a period of thirty (30) consecutive business days, it shall be deemed accepted for all purposes as if it had successfully passed such acceptance testis). 6. TITLE Noble shall retain title to all intellectual property rights embodied in the Licensed Software, Documentation and any modification or enhancement of the Licensed Software or Documentation made under this Agreement or any Work Order ("Noble Property"). Client shall retain title to all intellectual property rights embodied in software, and any modification or enhancement thereof, that is provided or developed solely by Client without any violation of the terms of this Agreement and which is not Noble Property ("Client Property") The parties agree that performance hereunder may result in the development of new concepts, software, methods, techniques, processes, adaptations and ideas, in addition to the Noble Property and/or Client Property, which may be delivered by Noble or embedded in Noble's deliverables ("New Property"). The parties agree that ownership of New Property shall be determined on a case by case basis prior to the execution of a Work Order requiring the delivery of any New Property and such ownership shall be clearly detailed in such Work Order. The parties intend for the designation of ownership in the Work Order to be consistent with (but not necessarily bound by) the following guidelines: New Property which contains Client's proprietary or confidential information shall belong to Client to the extent it contains such information; and New Property which contains Noble's proprietary or confidential information shall belong to Noble to the extent it contains such information; and Any other New Property for which ownership is not allocated by Work Order or by the above default rules shall belong to Noble. Vol. , , pg.o I defective in such respect, Client shall reimburse Noble for its services at Noble's then current consulting rate for such services. To the extent its agreement with a supplier of Third Party Materials permits, Noble shall pass through to Client any performance warranty relative to such Third Party Materials; provided, however, that Noble makes no additional or supplemental warranty with respect thereto. Noble warrants that it has, and on the date of acceptance of the Licensed Software will have, the full right and authority to grant this license and that neither this license nor performance under this Agreement does or shall conflict with any other agreement or obligation to which Noble is a party or by which it is bound. Noble warrants that its technical and consulting services will be of a professional quality conforming to generally accepted industry standards and practices. During the thirty (30) day period following completion of any such services, Noble shall, upon receipt of written notice from Client describing a breach of the foregoing Warranty in such reasonable detail as is requested by Noble, perform the services described in such written notice so as to conform to generally -accepted industry standards and practices. These warranties do not cover defects or nonperformance due to causes and products external to the Licensed Software and are not valid with respect to such defects or nonperformance. If the Licensed Software is not in substantial compliance with the warranties contained in this Agreement at the end of the Warranty Period, Noble shall extend the Warranty Period until the Licensed Software is brought into such compliance If any modification is made to the Licensed Software by Client without Noble's approval, this Warranty shall immediately be terminated with respect to such modified software. Correction for difficulties or defects traceable to Client's unauthorized modifications or unauthorized systems changes shall be billed to Client at Noble's standard time and material charges. Noble makes no warranties with regard to Third Party Materials. Along with the transfer of title, Noble agrees to transfer and assign to Client all of Noble's rights and interests in and with respect to all purchase agreements for Third Party Materials being supplied under this Agreement between Noble and other manufacturers and distributors, subject to any limitations set forth in such agreements relating to such transfers. Upon request by Client, all purchase agreements will be submitted to Client for prior approval. Noble will execute any documents or instruments reasonably necessary to effect the transfer and assignment of Noble's rights and interests thereunder. Noble makes no representation as to the effectiveness, adequacy or enforceability of such transferred rights. Except as otherwise specifically provided by this Agreement, Noble's sole liability for any damages relating to the (a) performance of the Licensed Software and sufficiency of the services hereunder or (b) matters covered by this Warranty, shall be limited to the provisions of this Section 9 regardless of whether any liability is based on contract or other theory. THE WARRANTIES IN THIS SECTION 9 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY NOBLE. NOBLE MAKES AND CLIENT RECEIVES NO ADDITIONAL WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, CONTRACTOR OR EMPLOYEE OF NOBLE, EXCEPT NOBLE'S DULY AUTHORIZED Vol. —,�77 P9. 19V REPRESENTATIVE, IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF NOBLE AS SET FORTH HEREIN. 10.NON-SOLICITATION OF EMPLOYEES Each party agrees that, during the period of performance of this Agreement, and for a period of one (1) year following completion of the period of performance, it will not solicit for employment or hire the employees of the other party without such other party's priorwritten consent thereto. The period of performance for purposes of this Section 10 shall begin on the effective date of this Agreement and end upon the earlier to occur of: (1) final payment by Client of any fees due under Section 3 of this Agreement; or (2) termination of this Agreement and the license(s) granted hereunder. If either party hires any personnel of the other party who are or have been assigned to perform work forth party seeking to hire such personnel under this Agreement, the hiring party shall pay the other party a fee for the additional benefit obtained thereby. If such hire occurs during the performance of this Agreement or within one (1) year following completion of the period of performance, the hiring party shall pay an amount equal to one hundred percent (100%) of the total first year compensation paid to such personnel. 11.COMPLIANCE WITH LAW This Agreement is made subject to any laws, regulations, orders or other restrictions on the export of the Licensed Software, or information about the Licensed Software, which may be imposed at any time or from time to time by the United States Government. Client (i) shall comply with all such laws, regulations, permits, orders and other restrictions to the extent that they are applicable to Client and (ii) shall not, directly or indirectly, export or re-export (as defined in the United States Export Administration Regulations) the Licensed Software or any information about the Licensed Software to any country for which the United States Government, or any agency thereof, requires an export license or other governmental approval without first obtaining the same. Noble shall comply with all applicable statutes with respect to labor employed, and shall protect and indemnify Client against any payroll taxes or contributions imposed with respect to employees of Noble or any subcontractor by any applicable law dealing with old age benefits, FICA, unemployment compensation, health insurance and related subjects. Noble and Client agree that Noble is an independent contractor. Noble shall be liable for and hereby represents to Client that all payments and obligations to subcontractors and suppliers will be timely made and satisfied at all times during the term of this Agreement, and agrees to indemnify Client for any loss to Client relating to Noble's violation of the provisions of this Article, provided, however, Noble is given prompt written notice of any claim or action and control, authority, information, and reasonable assistance for defense or settlement thereof; and provided furtherthat Client shall not settle such claim, suit or proceeding without the written consent of Noble. Client acknowledges and agrees that Noble may elect at its sole discretion to monitor the activities of the Client on it Hosted Site. Client agrees to use the Services and the Website for legal purposes only. In the event that Noble becomes aware or reasonably believes, in its sole discretion, that the Website is being used for illegal purposes, Noble shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law. Fvoi. Pg- —/LJ 10 Client agrees to indemnify and save harmless Noble from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any illegal use of the Licensed Software or the Hosted Site. 12.APPLICABLE LAW The law of the State of Texas applies to this Agreement and the rights, duties, and obligations of the parties hereto. The state and or federal courts in Brazos County, Texas, shall have exclusive jurisdiction of any action arising out of or relating to this Agreement and each of the parties further irrevocably agrees to waive any objection to the venue of any such suit or proceeding in Brazos County, Texas, or to in personam jurisdiction, provided that service is effective. The United Nations Convention on Contracts for the International Sale of Goods is excluded from application hereto. 13.PROPRIETARY RIGHTS INDEMNITY Noble shall defend, indemnify and hold harmless Client with respect to any claim, demand, cause of action, or liability, including attorneys' fees, to the extent that such is based upon a claim that the Licensed Software, (including any deliverables pursuant to Work Orders) used by Client within the scope of the licenses granted hereunder, infringes any United States, UK, Hong Kong, France, Germany, Switzerland, orJapan patent, any United States copyright, or any trade secretor other intellectual property rights; provided that Noble is promptly notified in writing of such claim and provided further that Noble shall have the exclusive right to control such defense. The acceptance, by Noble, of tender of defense of any claim shall give Noble the right to select legal counsel and manage the defense, provided that Client shall be given regular notice and opportunity to participate in such litigation, at Client's expense. In no event shall Client settle any claim, lawsuit or proceeding without Noble's prior written approval. Client may, at its own expense, assist in such defense if it so chooses. In the event of any such claim, litigation or threat thereof, Noble, at its sole option and expense, may procure for Client the right to continue to use the Licensed Software or, at its sole option and expense, may replace or modify the Licensed Software with functionally -compatible, non -infringing software. If such settlement or such modification is not reasonably practical in the sole opinion of Noble, after giving due consideration to all factors including financial expense, or if a temporary or final injunction or other judgment is obtained against Noble with respect to the Licensed Software or any part thereof, Noble may cancel this Agreement or the applicable Work Order and the licenses granted thereunder upon fifteen (15) days written notice to Client and shall refund to Client the unamortized portion of the amounts paid to Noble by Client for the development and/or acquisition thereof based upon five (5) year straight-line depreciation, such depreciation to commence on the date on which the Licensed Software was first accepted hereunder. Upon such repayment Noble shall be discharged of all further liability hereunder except for the obligations set forth in Section 13.1 hereof. To the extent its agreement with a vendor of Third Party Materials permits, Noble will pass through to Client any proprietary rights indemnity relating to such Third Party Materials; provided, however, that Noble gives no additional or supplemental indemnity with respect thereto. Vol. %7 Pg. 12 Z 11 The foregoing states the entire liability of Noble and the exclusive remedies of Client with respect to the infringement of any proprietary rights by the Licensed Software or any parts thereof, and Client hereby expressly waives any other such liabilities. 14. GENERAL INDEMNITY The parties acknowledge that it may be necessary for the employees of each to be present at the facilities of the other for extended periods of time. The parties agree upon reasonable notice to provide the employees of the other with all reasonable facilities and services to assure that their services may be properly performed. Each party will instruct its employees to conform to the internal regulations and procedures of the other party while on such party's premises. Additionally, each party agrees to indemnify, defend, and save harmless the other party, its officers, agents and employees from any and all claims and losses accruing or resulting to any person, firm, or corporation for personal injury or tangible property damage, but only to the extent of the negligence and/or willful misconduct of the indemnifying party. 15.INSURANCE Noble certifies, and will provide evidence thereof at Client's request, that Noble maintains A standard policy covering the obligations of Noble for Worker's Compensation Insurance pursuant to the laws of California or such other jurisdiction as applicable. Insurance covering bodily injury and property damages in the amount of not less than $1,000,000 for each occurrence and $3,000,000 aggregate. Such coverage may be achieved through a combination of commercial general liability and umbrella liability policies. Automobile liability insurance covering all owned, non -owned, and hired vehicles with a combined single limit for bodily injury and property damage of not less than $2,000,000 per accident. 161IMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF THE OTHER PARTY OR OF DIRECT DAMAGES GREATER THAN THE LIMITATIONS ESTABLISHED HEREIN EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Noble shall not he liable to Client for cumulative direct damages greater than the lesser of (1) the total amount having then been paid by Client to Noble under this Agreement, or (2) if such damages arise in connection with the performance of any Work Order, the amount having then been paid by Client to Noble under such Work Order; provided, however, that the limitation of this sentence shall not apply to Noble's obligations set forth in Section 13 ("Proprietary Rights Indemnity") or Section 14 ("General Indemnity") of this Agreement or for such H __2/7 - Pg. /J7 12 liabilities covered by the insurance defined in Section 15 ("Insurance") in which case the limits of such coverage will govern. Except where the limitation does not apply as described above, Client releases Noble from all obligations, liability, claims, or demands relating to the Licensed Software and Documentation and this Agreement in excess of the limitations provided for in this Section 16. The parties acknowledge that the limitation set forth in this Section is integral to the amount of fees levied in connection with the license of the Licensed Software and Documentation and the services rendered hereunder and that, were Noble to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. Client further agrees that it shall have no claim or cause of action against third party licensors to Noble of any Third Party Materials which are embedded in the Licensed Software, except to the extent such rights have been duly assigned to Client. 17.FORCE MAJEURE Neither party shall be liable for default or delay caused by any occurrence beyond its reasonable control or beyond the reasonable control of any subcontractor, including but not limited to fires, strikes, accidents, acts of God and subcontractor defaults. In the event Noble should be delayed in the completion of any portion of the work by reason of any such occurrence, the time within which the portion of work is to be completed shall be extended by the period of such delay, but no such extension shall be made unless a notice thereof is presented by Noble to Client in writing within ten (10) working days after the occurrence of such delay and no payment shall be made by Client to Noble for any expenses incurred by Noble by reason of any such default or delay. In addition to the foregoing, Noble shall not be liable for default or delay caused by Noble's efforts to comply with U.S. Government export control laws and regulations. In the event that U.S. Government export control laws or regulations change after the execution of this Agreement and such changes inhibit or prohibit Noble from performing under this Agreement, Noble shall not be liable for its non-performance. 18.CONFIDENTIALITY Any information which a party considers to be confidential or proprietary shall, if tangible, be marked as such or, if communicated orally, designated at the time and promptly confirmed in writing as such. Information which is so marked or designated and confirmed, and the Licensed Software regardless of form or designation, shall be "Confidential Information" under this Agreement. Information received by Noble while on the premises of Client shall be deemed Confidential Information whether marked as such or not. Confidential Information shall be held in trust and used only as necessary for the performance ofthis Agreement. Confidential Information shall be treated with the same degree of care to avoid disclosure to third parties as is used with respect to the recipient party's own Confidential Information, but not less than a reasonable degree of care. HVol. �% 7 pg. / e 13 Confidential Information shall be disclosed only to those employees or agents of a party who have a need to know such information and are under a binding obligation of confidentiality with respect to any such information received. Confidential Information shall not be disclosed to any other third party without the prior written consent of the party disclosing the Confidential Information. The party receiving Confidential Information shall defend, indemnify and save the disclosing party harmless from and against any and all damages, including reasonable attorneys' fees, sustained as a result of the unauthorized use or disclosure of the disclosing party's Confidential Information. Confidential Information shall not include information (a) at the time of its disclosure was known to the party to whom disclosed; (b) is already in the public domain or becomes generally known or published without breach of this Agreement; (c) is lawfully disclosed by a third party free to disclose such information; (d) is independently developed by the party to whom disclosed without reference to or use of the Confidential Information; or (d) is legally required to be disclosed provided that the party so compelled shall promptly notify the other party so as to permit such other party to appear and object to the disclosure and further provided that such disclosure shall not change or diminish the confidential and/or proprietary status of the Confidential Information. Notwithstanding the restrictions of this Section 18, Noble or Client may announce the parties' relationship in a press release subject to the reasonable written approval of the other party. 19. DISPUTE RESOLUTION Except as provided in Section 20 below and unless otherwise required in order to comply with deadlines under the law, neither party shall file an action or institute legal proceedings with respect to any dispute, controversy, or claim arising out of, relating to, or in connection with, this Agreement until: (a) the aggrieved party has given the other party written notice of its grievance setting forth the nature of the dispute, the amount involved, if any, and the remedy desired, and delivering same by certified mail; (b) the other party has failed to provide a prompt and effective remedy; (c) the aggrieved party has requested senior executives for both parties to meet and discuss the matter in order to consider informal and amicable means of resolution; and (d) either such meeting failed to occur within fifteen (15) days after such request or the meeting did not produce a mutually satisfactory resolution of the matter. 20.IN1UNCTIVE RELIEF Noble and Client hereby acknowledge and agree that damages at law and the dispute resolution.provisions of Section 19 may be inadequate remedies for the breach of Sections 6 ("Title"), Section 7 ("License"), Section 10 ("Non -Solicitation of Employees") or Section 18 ("Confidentiality") hereof, and, accordingly, Noble and Client hereby agree that Noble and/or Client may be entitled to temporary and permanent injunctive or other equitable relief with respect to any such breach without the necessity of proving actual damages or posting a bond or other security or resorting to the provisions of Section 19. The rights set forth in this Section 20 shall be in addition to any other rights which the parties may have at law or in equity. Noble and Client agree that if any portion of this Relief provision is found to be over -reaching or unenforceable, that these provisions can, nonetheless, be applied to the extent found to be enforceable. Vol. 9 77 Pg. 1_�7 14 21.NOTICES Unless stated otherwise, all notices, approvals, consents, requests, demands, or other communication to be given to either party shall be in writing by any means where receipt is acknowledged, including electronic transmission, except by facsimile transmission, and shall be effective on the date of receipt thereof. If undeliverable, or if receipt is not acknowledged by the receiving party, such communication shall be effective ten (10) days from the date mailed or sent. Such communication shall be addressed to the parties, except Default Notices and Notices of Termination which shall be addressed to the parties and their legal counsel, at their respective addresses set forth below, or at any other address that each party shall provide to the other in writing: NOBLE'S LEGAL COUNSEL: Noble Software Group, LLC PO Box 990891 Redding, CA 96099 Attention: Chief Financial Officer 22.ASSIGNMENT Lasher Holzapfel Sperry & Ebberson 601 Union St., Suite 2600 Seattle, WA 98101-4000 Attention: Ronald E. Braley This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns. Neither party may assign this Agreement and/or any of its rights and/or obligations hereunder without the prior written consent of the other party and any such attempted assignment shall be void, except that either party may assign this Agreement and/or any of its rights and/or obligations hereunder, upon written notice to the other party to another entity in the event of that party's merger or consolidation with another entity, without the consent of the other party, provided that the assignee is capable of fulfilling and intends to fulfill the obligations of the assigning party under this Agreement. Each party may terminate this Agreement in case there is a change of control of the other party, but shall not be entitled to any refund whatsoever and all amounts owing shall be immediately paid. The term, "Change of Control" shall be limited to an ownership change of more than Fifty Percent (50%) during any twelve-month period. In the case of a governmental agency as Client, the term, "change of control" shall be limited to a complete transfer of the responsibilities of such agency for which this Software has been licensed to another agency. 23.GENERAL This Agreement constitutes the complete and exclusive statement of the agreement between the parties as relates to the subject matter and supersedes all proposals, oral or written, and all other representations, statements, negotiations and undertakings relating to the subject matter, No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon either party unless in writing signed by an authorized representative of such party. No waiver by either party of any breach by the other party of any of the provisions of this Agreement shall be construed as a waiver of that or any other provision on any other occasion. Vol. _�— P9. � J6_ 1s In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in effect and the Agreement shall be read as though the offending provision had not been written or as the provision shall be determined by such court to be read. Upon termination or other expiration of this Agreement, each party shall forthwith return to the other all papers, materials and other properties of the other held by it for purposes of execution of this Agreement. The captions used in this Agreement are inserted for the convenient reference of the parties and in no way define, limit or describe the scope or intent of this Agreement or any part hereof. Dates or times by which Noble is required to make performance under this license shall be postponed automatically for so long as Noble is prevented from meeting them by causes which are Client's responsibility. The prevailing party in a controversy or claim shall have the right to collect its reasonable expenses incurred in enforcing this Agreement, including reasonable attorney's fees. This Agreement may be executed in two original counterparts, which together shall constitute the same Agreement, but only one of which need be produced to evidence the Agreement. The parties further agree that the rights and obligations set forth in Sections 3, 4, 6, 10, 11, 12, 13, 14, 16, 16, 19, 20, 21, and subsections 23.1, 23.2, 23.3, 23.4, and 23.7 shall survive the completion or termination of this Agreement for any reason and enforcement thereof shall not be subject to any conditions precedent. IN WITNESS WHEREOF, each party has caused a counterpart original of this Agreement to be executed as of the date first written above by its authorized representative. ACCEPTED BY: CLIENT Signed: Print name: Title: Date: NOBLE SOFTWARE GROUP, LLC. Signed: Print Name: Title: Date: F 7 pg, /`�� 16 EXHIBIT A: LICENSED SOFTWARE LICENSED SOFTWARE All listed Licensed Software will be delivered by a Hosted Site, created and maintained by Noble for the purposes of delivering the Licensed Software to Client via the Internet. PRODUCT DESCRIPTION Noble Assessment Platform web -based hosted service to deliver assessment and case planning tools. USE OF LICENSED SOFTWARE The Licensed Software listed above may be used in accordance with the Software License Agreement to support the following: Up to 28 named users Vol.7_.Z �9. _� 17 EXHIBIT B: THIRD PARTY MATERIALS OVERVIEW Noble is not responsible for the procurement and delivery of any third -party materials to the Client as part of the execution of this agreement. Vol. �%� Pg. L i8 EXHIBIT C: CLIENT TASKS OVERVIEW This document describes the major activities required of the Client staff or their consultants or agents in the execution of this Agreement. CLIENTTASKS The Client will provide the necessary hardware, operating system software, web server software, and database software for the installation of the Licensed Software, as agreed between Noble and the Client. Implementation services such as installation, implementation, and training will be executed as a separate Work Order referencing this Agreement; The Client will provide an appropriate environment, during normal business hours, upon reasonable notice, for Noble on-site support personnel and training staff to work at Client's site; The Client will provide network related services to allow clients to access the Licensed Software; The Client will provide client operating systems and platforms with Microsoft Internet Explorer 11 or better, as well as Adobe Reader for the viewing of any reports; If Client elects to utilize integration services, Client will develop and maintain the middleware component required for integration; If Client elects to migrate data from previous assessment systems, Client will provide Noble with the data to be migrated in SQL Server backup file format and authorize Noble to access and utilize provided data for the purposes of migrating data to the Noble Assessment Platform. Vol. pg. /'amu 19 EXHIBIT D: PRICING LICENSED SOFTWARE The Licensee may use the following Software at the locations listed/defined in this Agreement. PRICING FOR LICENSED SOFTWARE Pricing for 28 named users is set at $16,647.00 USD PRODUCT Annual Hosting for Noble Assessment Platform, 28 named users INSTALLATION/DELIVERY SERVICES/ACCEPTANCE PRICE In order to ensure the effectiveness and success of the delivery services, Noble will assign the following project tea m: (1) Client Representative (1) Systems Engineer (1) Project Manager At times additional staff may be required for the current tasks, and equally at other times the number of staff working on a project may be less than that indicated above. The team members listed above will charge their time as agreed by Customer and Noble toward the services agreement as listed above. ACCEPTANCE CRITERIA ASSESSMENT PLATFORM All Active Enterprise Component software (as delineated above) is deemed accepted after delivery to client and five days of the system running without a severity 1 error. CASE PLANNING The Case Planning module will be considered accepted following all case plan reports allowed for are able to be completed and be saved for a subject. INTEGRATION Integration will be deemed accepted after the system successfully imports data for all areas of the application for which the customer has implemented integration methods per the documentation. The system may not be considered acceptable if it encounters any unresolved severity 1 problems as defined in the Noble Software Maintenance Agreement. Customer will accept the system in parts as indicated in the project plan and in conjunction with the system test plans. Vol. pg. %%� 20 TRAINING PROGRAM Noble will provide client with onsite training. Total training costs are $6,600.00. Training costs include all expenses. For the duration of this contract, any additional trainings requested will be provided at the rate of $2,200 per day. PAYMENTSCHEDULE The schedule of payment is as follows: Software Hosting Fees and Training will be invoiced upon contract execution. All invoices are /net 30. Item Price Software Hosting Total $16,647.00 Training Total j $6,600.00 Total Amount Due $23,247.00 Vo►. ��� pg. / 21 EXHIBIT E: SAMPLE NOBLE SOFTWARE GROUP, LLC WORK ORDER ' Addendum Reference (Date/Number/Code) This addendum specifies additional software licenses and services to be provided by Noble Software Group, LLC ("NOBLE") to Brazos County Juvenile Probation ("Client'). All terms and conditions of the Software License Agreement between Noble and Client, dated ("Agreement'), apply to this addendum as if the same had been set forth herein in full. In case of conflict between the terms of this addendum and the Agreement, the terms of this addendum shall prevail. 1. PROJECT IDENTIFICATION AND DESCRIPTIVE INTRODUCTION 2. DESCRIPTION OF SOFTWARE LICENSED AND/OR SERVICES 2.1 Software and Authorized Sites. The software under this addendum consists of the following components which may be used at the following authorized sites: 2.2 Services. The implementation or other services consist of the following 3. FEES 3.1 Software. Individual prices and the total price are as follows: 3.2 Maintenance on Software Quarterly rate: $or the following percentage of the software list price: �o Maintenance is under the terms of the ("Maintenance Agreement') agreement dated 3.3 Services (e.g., installation, support, training). Services will be performed on either a time -and - materials -and -expenses basis or a fixed price basis at the following rates/fees: 3.4 Hardware (if any) 3.5 Expenses (e.g., travel, meals, hotel) 4. PAYMENTSCHEDULE (WHEN ARE TO BE PAID) 4.1 Software license fees 4.2 Services 4.3 Maintenance fees 4.4 Hardware 5. PROJECT PLAN/PERFORMANCE SCHEDULE Vol. 7'1 Fg. /�7 22 -6. ACCEPTANCE CRITERIAAND PROCEDURE. UNLESS SPECIFIED BELOW, ACCEPTANCE IS UPON DELIVERY. 7. WARRANTY 8. PREREQUISITES/CLIENT TASKS 9. OWNERSHIP OFTHE DELIVERABLES ACCEPTED: CLIENT Signed: NOBLE SOFTWARE GROUP, U.C. Signed: Print name: Linda Ricketson Print Name: Title: Executive Director Title: Date: Date: ON , 20 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos C9umT.Mora"ssioners Court Dilute Peters, ounty Judge 200 S. Texa Ave., Ste. 332 Bryan, T 77803 Phone: 979-361-4102 Fax: 979-361-4503 Va. 02 7 % P9. /`/� I� so w G '��' eF ePP1• BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2018 - Private PropertyAccess Road and Bridge NUMBER: -Richard Dubec-SchehinRoad- Install temporary detour. DATE OF COURT MEETING: 8f712018 ITEM: Request permission to enter private property owned by Richard Dubec located on Schehin Road. Project will require County to construct a temporary detour across property to allow the replacement of a roadway culvert on Schehin Road. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 07/31/201 B FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: Sul(] ATTACHMENTS: Fie Name Description Tvoe Private—Property-Access - Private Property Access - Richard Dubec - Schehin Road - Richard Dubec - Schehin Road Insall temporary detour. Backup Material _I nstall_temporary_delounpo_ 1 Vod. �7X�2 Pg. I�l in 5 rj`d tlY BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E Duane Peters Brains County Judge Steve Aldrich Commissioner Pct. 1 Sammy Carmen¢ Commissioner Pct. 2 Nancy Berry Commissioner Pa 3 Irma Cauley Commissioner Pd 4 I. OWNER(S): Richard Dubec 4408 Longthorpe Ct. College Station, Texas 77845-2000 Brazos County Road A Bridge Dept 2817 Hvey 21 West Brr. . Teams 77803 Circa: 97&822.2127 Fax 979a75-0453 III. LOCATION OF WORK: 3200 feet southwest of the intersection of FM 2154 and Schehin Road Property ID 94670 — Creekridge Estates Subdivision, Phase 1, Block 4, Lots 53 & 54, 4.843 acres IV. DESCRIPTION OF WORK: Request permission to enter property to construct detour across property in orderto replace roadway culvert on Schehin Road. Detour area will be approximately 1 00' X 30'. Work will require the County to remove and/or trim existing vegetation within work area, install temporary culvert and install permanent rock riprap to control erosion. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes.. Owner's Signature: Dubec Dept. Head of Road and Bridge Date: 0L,Xaw,� Darrell W. Kolwes Right of Way Agent pg /7D S�Tp �E.O�l�T �fw-'ate G��oK 4P,t, BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2018 - Utilby Permit - Wellbom Road and Bridge NUMBER: SUD - Hope Creek Rd - Crossing 1,315 feet SW of N. Dowling Rd DATE OF COURT MEETING: 8j7/2018 ITEM: Consider and take action on the Wellborn Special UJRy District utility permit to construct a road bore far a 4 -inch water line crossing under Hopes Creek Road 1,315 feet southwest of N. Dowling Road, Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 0713012018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description Type Ulllity_Permit__Wellborn _BUD_ U51ity Permit- Wellbom SUD - Hope Creek Road - _ Hope _Creek _Road - Crossing 1,315 feet SW of N. Dowing Road Backup Material _Crossing_1215_feet_SW_of_N._Dovding_Road.pdf N& 4 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 [canpary name], hereinafter referred to as "Company" a Texas [srnie] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road . Length or I TYPE Of CONSTRUCTION FRoad Name $ Block Number Crossin1 (CHECK ONEI Bored I lacked Driven Cased oes Creek Road 80 ft. X X pacility to Parallel Countv Road Within Rieht•Orkt'ac Road Name and ©lock Number From To De th - Distance I CONSTRUCTION TYPE 4" Diameter 0.10" Wali Thickness 8" Encasement Pipe twlatcrial Specification PVC Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60''' 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 cop), of this permit shalt be kept at the job site any time work is being performed. Ir 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 va. 1 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 face 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 heteta as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQURIEMENTS FOR WORK CONDUCTED IN BRA70S COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Courpanyfails to obtain a peraritprior to the installation or does not install utilities in compliance fvith installation requirenmause{fordu herein (i. et dept!; location, etc), Company assumes all financial resp onsibilitylot• damages and/or destruction oflines, cables, etc. based upon itsfailure to con+ply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation ofthe terms of this policy, Applicant stipulates that requisltes far injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applico+t which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revolre this permit at any time, in the sale discretion of Brazos County, for interests of public health, safety or welfare, or for fallure to repair any damages upon demand, brfor any other reason deemed sufficient by Brazos County Its the event Company fails to con+ply with any or all of the requirements as set forth herein, the County may take such action os it deems appropriate to compel camtplimuce. The CoantyEngineer further retains the right io revoke this Permit by verbal notification to the ApplicantjCampany. Failu a to obtain this permit and/or notify the CountyEngineen's Ofjice withu+ 24 hours of beginning construction shall constilide grounds for job shutdown. t . By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees j- to the conditions/provisions included in this peimit.I '� I t �U f� ^ 0-D ({ Corupany Name L j - si�—QAhyo I By: 170 Jac x Address L�OvvN T, 7-7 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 3. except as noted below: (Month/Day/Year) EXCEPTIONS: A).\ G �r Brazos County Engineer Vol, �% Pg. /J` I ROAD RIO HT -O MMAY �-YO s CENTER LINEOF COUNTY RORO SHOW NORTH ARROW 3 5 ROAD IWHT�OF WRY it)-I-evsec ic-tj17����Y, 'T"�a� e ► W 2s f a, + 1,40p05L` v 4t cL l0 rz i n - PLAN VIEW CENTER LINE Q R b V m TYPICAL SECTION COUNTY ROAD 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE �. SECTION & PLAN \ 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANWOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDR OR SECTION Vol. 7 pg. %S� BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements I_ Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide Flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following; a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; 7 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. DeAztt Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the 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 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of --way). Power -0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable -6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 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 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. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; F. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b, backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. 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 Vol. _ % Pg. /U/ shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter . -wall thickness -material specification -minimum yield strength -maximum, operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lincs. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 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. �P9 i Wn5 har11.0 W!. I f. r� liN min 6 \ P I R•Sg I I I Rant � TCP (2-10) WORK SPACE NEAR SHOULDER Conventionol Roads TCP (2-lbl WORK SPACE ON SHOULDER Conventional Roads V 1 np IRR I �ny E Eno RRW GAA 11 I 1➢SevYin a 31� I ISN piN3\$ I 1 \ E Ea I S I RDMtGRR � 4 36oa I W 3a• 63n M+ 3)A LEGEND - am.11x!p 0.+ig6 -_ Iilm'y YYM YN!aa Q/�SJ flTnly lb11Y1-. 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L lCl-f'A4lW AL` .Ip. ¢3 a Wn in plm •1 rIIl-IS �i I 'iM13m NCa]' nQa le NLIpr ai m algillttvl tasYJlL iwS rsnnnllm m nimllnw [nll.al .orL, .palne I1p1 r I v»nll fr nm rnlm.. � N IwN I In rb ap w3 Saf11H wtrs IV n® sot. � IvrltmL vv.. ev van3 !Iv»um u I , TCP (2-lol WORK VEHICLES ON SHOULDER Conventional Roads - - T]PICAL USAGE avnc Slgi WY^ Im =7". mwNm6 lac tou wanN srnarun twlnmbur Slnfawl TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1) VIM -12 Mao s.3orme waNn vl^w ».re r»rN 1.°".I'rel.vN avep�Iroav LIN �� �1 30 ] 130' 163' 160' ➢' r0' J9 L•�' 2'JS• 22S 213' JS' ]6' 166' 130' 6o w 3u• as• SM' w• eo' 2ao• Iss' 13 630' 193' S.0' LS' N' 330• 195' SC 500• ] fqp' 30' 100' 100' 216' 33 6•+3 550' 303' 6{0' S5' 110' SCO' ]95' EO 6'A• 360. 1HI' f0' 130' 6N' 350• 63 650' 115' 160' 63' 1]0' i00' 610' to .too' aa• 660• ID• IN• ePo• as' Is t6o• 635. 6a0• ]s• 1]0' 36a• s6o• I Ir.ellK, Krk +Mlcle ISm Y+a 11 i) fm/Nllatlt PppSt OILY i4R Imr I�gla Mn Mwl fLVYYO a(f. ` l•1M,111 a larinl :•Ilam er NlntVtl i•fb+rN S:w]t31VJ I i• �I s• LEl1ERAL tNfES ^ I. 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L lCl-f'A4lW AL` .Ip. ¢3 a Wn in plm •1 rIIl-IS �i I 'iM13m NCa]' nQa le NLIpr ai m algillttvl tasYJlL iwS rsnnnllm m nimllnw [nll.al .orL, .palne I1p1 r I v»nll fr nm rnlm.. � N IwN I In rb ap w3 Saf11H wtrs IV n® sot. � IvrltmL vv.. ev van3 !Iv»um u I , TCP (2-lol WORK VEHICLES ON SHOULDER Conventional Roads - - T]PICAL USAGE avnc Slgi WY^ Im =7". mwNm6 lac tou wanN srnarun twlnmbur Slnfawl TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1) VIM -12 Mao TCP (2-lol WORK VEHICLES ON SHOULDER Conventional Roads - - T]PICAL USAGE avnc Slgi WY^ Im =7". mwNm6 lac tou wanN srnarun twlnmbur Slnfawl TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1) VIM -12 Mao VIM -12 Mao 1� R 1� 1. y,rsN ✓Ji 00 i'�ryo. kTY OF.04 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2018 -Right of Way Acquisition R - Rodney Lemburg and Amy Road and Bridge NUMBER: SWdnford - Arrington Road - 0.029 acre DATE OF COURT MEETING: 8/7/2018 ITEM: Acceptance of a Drainage Easement from Rodney Lemburg and Amy Sw riford for 0.029 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 08/02/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS,, File Name Description Type Rightof_Way_Acquisition_ Rightof Way Acquisition- Rodney Lemburg and Amy Rodney_Lemburg_and_Amy_Svnnford_ Stanford - Arrington Road - 0.029 acre Backup Material _Arrington—Road _-_0.029_acre.pdf NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Arrington Road Drainage Easement THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): RODNEY LEMBURG and AMY SWINFORD Grantor's Mailing Address: 2111 Arrington Road College Station, Texas 77845-8496 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that.certain lot, tract or parcel of land being 0.029 of one acre, more or less, being situated in the SAM W. ROBERTSON SURVEY, Abstract No. 202, Brazos County, Texas and being a part of Lot 2R, Block 7, of the Resubdivision of Lot 2 and 3, Block 7, Nantucket, Phase Two, of record in. Volume 4499, Page 67, Official Records of Brazos County, Texas, said 0.029 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. This easement conveyed herein is for the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises described in Exhibit `A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the County deems necessary. As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from said premises by the County. If required, rock riprap may be installed to prevent erosion. TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the premises described in said Exhibit "A". When the context requires, singular nouns and pronouns include the plural. t Executed this day of wst 2018. Amy Swinf d Acknowledgment State of Texas County of, —S Q This instrument was acknowledged before me on _ �� % ° by Rodney Lemburg. "DARRELLW ROLWES Notary ID #377B941 My Commission ommission Eapfre • July 23, 2022 (Q Notary Public's Signature Page 2 of 3 Fva.7 t Acknowledgment State of Texas Ip County of M S This instrument was acknowledged before me on O — (— a� by Amy Swinford. ��'•' ,04 DARREIL W xOLW �..JQi-�✓`��, �. {' Notary IO a37299� t <<o �: Myccmmies�onExpo-cs Notary Public's Signature July 23,2W2 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 Pbone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 F1RMNO. 10093500 Email: curbs@strongsurveying.com V Exhibit 'A"—Sheet 1 of Lemburg Drainage Easement Sam W. Robertson League, A - 202 Brazos County, Texas 7 June 2018 All that certain lot, tract or parcel of land being 0.029 of one acre situated in the SAM W. ROBERTSON LEAGUE, Abstract No. 202, Brazos County, Texas, and being a part of Lot 2R, Block 7, of the Resubdivision of Lot 2 and 3, Block 7, Nantucket, Phase Two, of record in Volume 4499, Page 67 Oficial Records of Brazos County, Texas, said 0.029 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2' iron rod with cap stamped "RPLS 4961" set in the east line of the Arrington Road Called 1.10 acre right-of-way dedication as shown on Plat of record in Volume 752, Page 119 for the most northwesterly corner, said corner also being located in the west line of said Lot 2R, a 1/2' iron rod found for the most northwesterly comer of said Lot 2R bears N 02°03'07" W a distance of 50.43 feet; THENCE N 87°58'08" E through said Lot 2R a distance of 25.16 feet to a 1/2" iron rod with cap stamped "RPLS 4961" set for the most northeasterly comer, a 5/8" iron rod found for the most northeasterly comer of said Lot 21R bears N 60902'01" E a distance of 366.48 feet; THENCE S 02001'52" E through said Lot 2R a distance of 50.00 feet to a 112" iron rod with cap stamped "RPLS 4961' set for the most southeasterly corner, THENCE S 87058'08" W through said Lot 2R a distance of 25.15 feet to a 1/2" iron rod with cap stamped "RPLS 4961" set in the east right-of-way of said Arrington Road for the most southwesterly comer, said comer also being located in the west line of said Lot 2R, a 1/2" iron rod found for the most southwesterly comer of said Lot 2R bears S 02003'07 E a distance of 398.92 feet; THENCE N 02003'07" along the east right-of-way line of said Arrington Road and the west line of said Lot 2R a distance of 50.00 feet to the. PLACE OF BEGINNING CONTAINING AN AREA OF 0.029 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during the month of June, 2018, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and doing business under FIRM No. 10093500. North Orientation is based on rotating the west line of said Lot 2R to Grid North NADS3 (CORS 2011) epoch 2010.00, TEXAS STATE PLANE CENTRAL ZONE. Vol. �- — Pg. North Orientation Is .based on rotating the west line at Lot 2R- to Gild North NAD 03 ICORS 20111 epoch 2010.00, Texas State Plane Central Zone. 1/2' Iron Rod With Cap Set of all corners Unless) otherwise noted. All easements and/or utilities may not be shown on this plat. Linda Holleman and Robert Holleman Lot 4, Block 7 Nantucket, Phase Two 752/119 5/8' Iron Rod Fnd. 2 :o b o •N m :o m aI :m ck bL- 1/2' Iron Rod Fnd: � Approximate Survey Line OHE OHE OHE OH o HU CE.•, S ON6 80'00�0 I / I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that this plot represents the results of an on the ground survey performed under my supervision during June, 2016, and Is true end correct to the best at my knowledge. STRONG URVEYING ren w rsaxsroo ertu! ora SAM W. ROBERTSON LEAGUE, A•202 Rodney Lemburg and Amy Swinford Lot 2R, Block 7 A Resubdlvfsion of Lot 2 8 3, Block 7 Nantucket, Phase Two 4499/67 L2 0.029 Ac 20' utility Esrnl. (4499/671. 6 L4 I S 02'03'07' E 396.92' (Call: S 00.26'17' E 499.26' Tolall . 1/2• Iron Rod Fnd. Road R.O.W. Dadlcallon 1.10 Ac. , ,As L WNAI1*j'-1f:[icerf�TC'L�', O Y-YrISi9Fk-ifFiYi .�L.���IY r t 6YA6kY� EXHIBIT "A" { BRAZOS COUNTY 1 ARRINGTON ROAD j . 0.029 OF ONE ACRE I DRAINAGE EASEMENT OUT OF THE RODNEY LEMBURG AND AMY SWINFORD LOT 2R, BLOCK 7 1 A RESUBDIVISION OF LOT 2 & 3,}BLOCK 7 NANTUCKET, PHASE TWO VOLUME 4499, PAGE 6711 SAM W. ROBERTSON LEAGUE,IA-202 BRAZOS COUNTY, TEXAS SCALE: 1° = 50' JUNE 7, 2018 SHEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Arrington Road Project: R1-202 W.O. No.: 33464 Precinct: 1 We the undersigned owner(s), accept payment of $1,860.00 as compensation and full settlement for granting of a Drainage Easement in, along, upon and across 0.029 of one acre of property located on the above mentioned project. Rodney ;n . _ I Amy Swinf rd Date:// �/ rhe Date: 208 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2018 -Right of Way Acquisition Road and Bridge NUMBER: - Frederick Shannon Waddell - Arrington Road - 0.260 acre DATE OF COURT MEETING: 817/2018 ITEM: Acceptance of Special Warranty Deed from Frederick Shannon Waddell for 0.260 of one acre of land to be used for improvements to Arrington Road located in Precinct 1. TO: Commissioners Court FROM: Darrell Kclwes DATE: 08/02/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHME t File Name Description Tvoe Right_of_Way_Acquisifion_- Rightof Way Acquisition- Frederick Shannon Waddell- Backup Material Frederick_Shannon_Waddell_ p Arrington—Road---0.260 _acre.pdf Arrington Road - 0.260 acre Im '4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): FREDERICK SHANNON WADDELL Grantor's Mailing Address: 1613 South Oaks Drive College Station, Texas 77845-8457 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Arrington Road KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.260 of one acre, more or less, being situated in the SAMUEL W. ROBERSON SURVEY, Abstract No. 202, Brazos County, Texas and being a part of Lot 16 of the Revised South Oaks Subdivision of record in Volume 319, Page 821, Deed Records of Brazos County, Texas, said 0.260 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Page l of 3 Vol. p9. l� Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or. subsurface gasification, or liquefaction processes. Nohvithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this day of JJ2018. Frederick Shannon Waddell Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 7-- by Frederick Shannon Waddell. DARRELL W KOLWES .G L— N0tary lO X3779941 Notary Public, State of Texas M r� y Commission Expires ,r�ro•s`� _ July 23, 2022 1722 Broadmoor Ste. 105 S TRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curfis@strongsurveying.com V Exhibit "A" —Sheet 1 of 2 Waddell Tract Samuel W. Roberson League, A - 202 Brazos County, Texas 21 May 2018 All that certain lot, tract or parcel of land being 0.260 of one acre situated in the SAMUEL W. ROBERSON LEAGUE, Abstract No. 202, Brazos County, Texas, and being a part of Lot 16 of the Revised South Oaks Subdivision, of record in Volume 319, Page 821, Deed Records of Brazos County, Texas, said 0.260 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with cap set in the south right-of-way of South Oaks Drive (50ft Wide) as shown on plat of record in Volume 319, Page 821 for the most northeasterly comer, said comer being located in the north line of said Lot 16, a 1/2" iron rod found for the most northeast comer of said Lot 16 bears N 87°19'11" E a distance of 284.01 feet; THENCE S 0305449" E across said Lot 16 a distance of 274.87 feet to a 112" iron rod with cap for angle comer, THENCE S 36030'50" E across said Lot 16 a distance of 74.20 feet to a 112" iron rod with cap set for angle comer, THENCE S 03054'49" E across said Lot 16 a distance of 38.80 feet to a 1/2' iron rod with cap set in the south line of said Lot 16 for the most southeasterly comer, said corner also being located in the north line of Lot 1 of Nantucket Subdivision, Phase 1 as shown on plat of record in Volume 575, Page 291, a 1/2" iron rod found for the most southeasterly comer of Lot 15 of the Revised South Oaks Subdivision of record in Volume 319, Page 821 bears N 87'57'59" E a distance of 532.16 feet; THENCE S 87057'59 W along the south line of said Lot 16 and the north line of said Lot 1 a distance of 40.00 feet passing a chiseled "X" set in the top of a stone column for reference and continuing on for a total distance of 67.00 feet to a point located in Arrington Road (No deed found.); THENCE N 02039'15" W across said Arrington Road and along the west line of said Lot 16 a distance of 374.48 feet to a point located at the intersection of said Arrington Road and said South Oaks Drive for the most northwesterly corner, said corner also being the most northwesterly comer of said Lot 16, a 1" Iron Pipe found for reference bears N 02039'15" W a distance of 50.00 feet; Thence N 8719'11" E along the south right-of-way line of said South Oaks Drive and the north line of said Lot 16 a distance of 18.76 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.260 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during the month of August, 2017, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. _4961. and, doing. business under FIRM-No._10093500.•.North-Orientation is -based on rotating the west line of said Lot 16 to Grid North NAD83 (CO ocIn 2010.00, STATE PLANE CENTRAL ZONE. 1 _h•.... 961 aPr V/ Z.- ° Vol. �7 Pg. Y :: �Ey�' - NOTES:- 'North Orientation. is based .,. v13 Brwdram,, Sake 1tiS : . on rolating SfRONG.. Teas 7mw ) - the west line of Lot 16 to Grid North NAD 83 ICORS 20111 epoch 2010.00, uRVEYINc - � ) 7731 -CM State Plane Central Zone. 0 o i All easements and/orulillties may not - - O m be shown on this plat. _ d - • Nli W nv c .' rr a b� We V o- SAM W. ROBERSON LEAGUE, A-202 m� , 3 m. c o C4 Frederick Shannon Waddell and ... nN -Corinne M Waddell - �� 'Lot 1��of Nantucket, Lot 16 of the Revised South _ Oaks Subdivision N 03.54'49" W 38.80' �- o Phose I - - um Called 2.61 Ac.m °' Called 2.41 Ac. L v W W o 319/821 - - z575/291 o` O z ib Q i 1/2" Iron With Cap Rod Sat .ydh ov Chiseled 'X" Set c _z m ,yy In Column S D3.54'49- E 274.87' ~ 59' 87.57 W 67.00' ., N 87.19'11- E 18.76' 0260 Ac '—W N 02089'15' W 50.00' - N O2.39&374.48' (Call: S 009ARRINGTOfJ ROAD (Na Doed Found(2'13' E 375.94'1 I{.. f I'Iron Pipe Fnd. to i OHE OHE nuc j-.--•_— C�HE —� nHF IXIBIT'A° BRAZOS COUNTY ARRINGTON ROAD i �I 0.260 OF ONE ACRE �? RIGHT-OF-WAY WIDENING OUT OF THE C is1t"xc —AUGUSTUS BABILLE SURVEY, A-75 FREDERICK SHANNON WADDELL AND CORINNE M WADDELL ' 4961 t: 9..0'.eao�at.0 LOT 16 OF THE REVISED SOUTH OAKS SUBDIVISION VOLUME 319, PAGE 821 1 y SAMUEL W. ROBERSON SURVEY, A-202 i, H. Curtis Strong, Registered professional Land Surveyor No. 4961, do hereby certify that this plot represents the BRAZO$ COUNTY TEXAS . - - , results of on on the ground survey performed under my SCALE 1e = 50' MAY 21, 2018 supervision during August, 2017, and Is true and correct to - . - the best or m owled e. - - - SHEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Arrington Road Project: R1-202 W.O. No.: 33464 Precinct: 1 I (we) the undersigned owner(s), accept payment of $27,175.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.260 of one acre of property located on the above mentioned project. Frederick Shannon Waddell Date: 7 % f 1 6 \Y/o' 7 p0 �_/�G I BRAZOS COUNTY B RYAN J EXAS DEPARTMENT: CC 2018 -Right of Way Acquisition Road and Bridge NUMBER: - Brenda and Glenn Martz - Arrington Road - 0.115 acre and 0.029 DATE OF COURT MEETING: 8f712018 ITEM: Acceptance of Special Warranty Deed for 0.115 acre of land and a Drainage Easement for 0.015 acre of land from Glenn and Brenda Martz to he used for improvements to Arrington Road located in Precinct 1. TO: Commissioners Court FROM: Darrell KoMes DATE: 08/02/2018 FISCAL IMPACT. False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Dgs_(;Lipf= Tvoe Right_of_Way Acquisition_ Right of Way Acquisiton - Brenda and Glenn Martz - Brenda and Glenn Martz_ Backup Material _Arrington_Road_ 0.115_acre.pdf Arrington Road - 0.115 acre 'ruWane Pe rs unty udge I Vol. pg. �%% NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Arrington Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): GLENN C. MARTZ and BRENDA L. MARTZ Grantor's Mailing Address: 1808 Arrington Road College Station, Texas 77845-8408 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.115 of one acre, more or less, being situated in the AUGUSTUS BABILLE SURVEY, Abstract No. 75 (erroneously called Abstract No. 76 in subject tract's deed of conveyance), Brazos County, Texas and being a part of that certain Called 7.5 acre tract as (Which is the remainder of a Called 10.00 acre tract as described in Volume 334, Page 187) described in deed from Susan Majdalani, Pamela Yantis, and Lisa Ely to Glenn C. Martz and Brenda Martz of record in Volume 14359, Page 110, Official Records of Brazos County, Texas, and Called 2.5 acre tract as described in deed from Charles E. Huneycutt to Glcn C.'Martz and'Brenda L. Ivlar-fz,-of record in Volume 2008, Page 60, Official records of Brazos County, Texas, said 0.115 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Page'1 of Vol. -'l7 Pg. 179 Reservations from and Exceptions to Conveyance and Warranty. There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this � 54-dayof LIX 2018. Page 2 of 3 Acknowledgment STATE OF TEXAb § COUNTY OF AvcLrzog § This instrument was acknowledged before me on t GZ�� g by Glenn C. Martz IARIIIL=WKOLWES B� t/—`/) 1 ljes W ,(////" Notary Public, State of Texas Acknowledgment STATE OF TEXAFt7 § COUNTY OF tcv` § This instrument was acknowledged before me on g'--( -010(k by Brenda L. Martz. DAaAELL W KOLwES Notary t0 p37789a1 : Ay Cpmmission Expires I ` J July D. 2022 Notary Public, State of Texas Page 3 of 3 va._ pg. �D 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 " Phone: (979) 776 — 9836 URVEYJNG, LLC Fax: (979) 731-0096 FIRM NO. 10093500 Email: curtis@strongsurveying.corn Exhibit "A" — Sheet 1 of 2 Martz Tract Augustus Babille Survey, A - 75 Brazos County, Texas 19 February2017 . All that certain lot, tractor parcel of land being 0.115 of one acre situated In the AUGUSTUS BABILLE SURVEY, Abstract No. 75 (erroneously called Abstract No. 76 in subject tract's deed of conveyance), Brazos County, Texas, and being a part of that certain Called 7.5 acre tract as (Which is the remainder of a Called 10.000 acre tract as described in Volume 334, Page 187) described in deed from Susan Majdalani, Pamela Yantis, and Lisa Ely to Glenn C. Martz and Brenda L. Martz, of record in Volume 14359, Page 110, Official Records of Brazos County, Texas, and Called 2.50 acre tract as described in deed from Charles E. Huneycutt to Glenn C. Martz and Brenda L. Martz, of record in Volume 2008, Page 60, Official Records of Brazos County, Texas, said 0.115 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a bent 1/2" Iron rod found in the West right-of-way line of Arrington Road (No deed . found) for the most northeasterly corner, said corner being the most northeasterly corner of said Called 10.000 acre tract, said comer also being the most southeasterly corner of the Suzy Jeanell Richards Called 4.55 acre tract as described in Volume 10839, Page 17; . THENCE S 02059'460 E along the west right-of-way fine of said Arrington Road and an east line of said Called 7.5 acre tract, and said Called 10.000 acre tract a distance of 82.80 feet passing the most northeasterly corner of said Called 2.50 acre tract and continuing along the west right-of-way line of said Arrington Road and the east line of said Called 2.50 acre tract for a total distance of 224.21.feet to a point for the most southeasterly corner, said corner being the most southeasterly corner of said Called 2.50 acre tract, said Corner also being the most northeasterly corner of the Walter _Scott Saunders Called 10.00 acre tract as described in Volume 14092, Page 49; THENCE N 60°50'09" W along the southwest line of said Called 2.50 acre tract, and the northeast line of said Saunders Called 10.00 acre tract a distance of 25.79 feet to a 1/2" iron rod with cap set for the most southwesterly corner ,a 1/2" iron rod found for the Occupied most westerly corner of said Called 2.50 acre tract bears N 60054'03" W a distance of 627.63 feet, a 112" iron rod found for the most westerly corner of said Called 10,000 acre tract bears N 60"50'09' W a distance of 1436.15 feet; THENCE N 03002'20" W across said Called 2.50 acre tract a distance of 148.91 feet to a 1/2" iron rod with cap set in the northwest line of said Called 2.50 acre tract for angle corner, said corner also being located in a southwest line of said Called 7.5 acre tract and said Called 10.000 acre tract; THENCE N 03"01'35" W across said Called 7.5 acre tract a distance of 82.92 feet to a 1/2" iron rod with cap set in the northeast line of said Called 10.000 acre tract for the most northwesterly corner, said corner also being located in the southwest line of said Called 4.55 acre tract, a 1/2" iron rod found for'the-most northwest' corner' of said'Called'10.000`acre-tract'bears-N 48050'20"W'a-distance`of 1243.41 feet; )TES: :rih Orientation is based on rotating �a,y,yQ yt0e,� BIDS e northeast line of 10.000 acre tract(RQN(�, eq n<7aon - Grid North NAD 83 (CORS 20111 EYINGinch 2010.00;State Plane Central j(G 1121P roe. so= I easements cad/or utilities may not SAM W. ROBERSON LEAGUE, A-202 i shown on this plot. �_,z�`a�•r 0,5.0 ; � oHE % I I I I Suzy Jac nell Richards Called 4.55 acres 10839/17 I i 1/2' Iron Rod Fnd. Line S 48.50'20' E 30.65' --OHE OHE - j 1/2' Iran Rod Set✓ a Glenn C. Martz and a Brenda L. Martz Called 7.5 Acres R.yaca ON %\ 14359/110 ARRINGTON ROAD (No Deed Found) Atmns Marker Calls S 00-53'23" E 225.00' Totall - S 02'59'46' E 2$$21_Toral 82.60' 141.41 OMS Ac. N 60'50'09- W 26.79' W ' OHE 82.92' N 03.02'20- W 146,91' 1/2' Iron Rod Set 1/2' Iron Ra Sef Glenn C. Martz and Brenda L. Martz Wailer Scott Saunders 2008/60 d Celled 280 Acres s Called 10.00 Acres y 14092/49 ,hM Reference: 334/191 me�12o �'� AUGUSTUS BABILLE SURVEY, A-75 hry IXIBIT'A' ,yo ahti y° BRAZOS COUNTY 0 h A I/2' IronRod Found for occupied � West corner of the 250 acre tract ARRINGTON ROAD `God' beats N 60.54.03' W 627.63' 0115 OF ONE ACRE A 1/2- Iran Rod Found for West earn of the Honeycutt Called 10.000 Core Iract bears N 60.60'09' W - 1436.15 - It H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby eerillythat this plot represents the results of on on the ground survey performed under my supervision during August, 2017, and Is true and -correct to the `best of.my.rknowledae.'- RIGHT-OFWAY WIDENING OUT OF THE ENN C. MARTZ AND BRENDA L MARTZ CALLED 75 ACRES VOLUME 14359, PAGE 110, AND CALLED 250 ACRES VOLUME 2008, PAGE 60 AUGUSTUS BABILLE SURVEY, A • 75 BRAZOS COUNTY, TEXAS SCALE: 1' = 50' FEBRUARY 19, 2018 a Wi, o �TY.pg�g Th _ BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2018-Williams Meadows -Final P lat-Variance DATE OF COURT MEETING: 8/7/2018 ITEM: Approval of the Final Plat of Williams Meadows Subdivision along with request for variance to Article 7.C.5.c of the Brazos County Subdivision Regulations regarding TXDOT right -0f - way dedication. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 07/31/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer. Myron & Kathy Williams Engineer/Surveyor: Schultz Engineering LLC/Tumlinson Land Surveying ALTA�N_MENTS: File Name D@sscriotion SypQ Williams_Meadows-Final_Plat_Applicatlen.pdf Applicacon for Development Backup Material Wilfams_Meadows_Subd_Vartance_Requeslpdf Variance Request Backup Material WILLIAMS MEADCWS_FP-FINAL_PLAT.pdf Plat Cover Merro V�DaneCounty va. � P9. / �� Docusign Envelope 10: 94EE3D6A-10EF4658-8794-1724FC81871C PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: olats(a brazoscountvtx.00v PROPERTYSUBJECT INFORMA11ON DATE': APRIL 2u,2018 RESUBMITTAL: ❑ YES ® NO BDIVISION NAME:WILLIAMSMEADOWSSUBOMSION PAPPLICAMON DRESS OR LOCATION: 70128 FM 1179 RIPTION: A007800. R BENSON, TRACT 2,14.781 ACRES TAL. PROJECT FORMERLY KNOWN AS: LOTS: 5 TOTAL ACREAGE 14.78 ACRES JURISDICTION: ❑ CITY LIMITS ❑ ETJ ® OUTSIDE ALL CITY LIMITS AND ETJs Notification of. Application completeness will be given within 10 days of Application date. All Incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project TYPE OF • ❑MASTER PLAN - ❑ SIMPLIFIED PLAT = ❑ PRELIMINARY PLAN ® FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT APPLICATIONPURPOSE ® RESIDENTIAL ❑ MANUFACTURED HOME ❑ COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED INA FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES El NO Acknowlodgmenb The flood hazard boundary maps and other flood data used by Brazos. County in evatuatmg flood hazards to proposed Developments areconsidered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare Occasions greater floods can and will occur and flood heights may be Increased by man-made or nature[ causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not Imply that Development outside the ares of special flood hazard oil be free from flooding or flood damage. Issuance of a permit shall not create (lability on the pan of Sazos County or any officer or employee of Brazos County in the event flooding a flood damage does occur. •• • WILLANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ® NO DIGITAL FILE SUBMISSION. COUNTY ENGINEER ADOBE(.pdf file) Ji AuIoCAD(,dwgfile) (Email To:plats®bmzcscount)tx.gov) 911 ADDRESSING ADOBE (.Por file) &l AutoCAD (.dwg file) _ (Email To: gis(1a bra±oscrourtvix.ggv) '(;ONTACT INFORMATION VOI. tAP;LLIIICANTiNFORMATIDN '4.s3 a$' tt-':.:�: FIRM NAME:MYRON E. WILLIAMS 8 KATHY ELAINE WILLIAMS CONTACT: MYRON WILLIAMS ADDRESS: 10128 FM 1179 CITY: BRYAN STATE: TEXAS ZIP: 77808 PHONE: - FAX EMAIL: �P.ROPERTY OWNER INFORMATION +.'" '-'^1 {'f `'''`�'9 "1"'a^� s'"TM'"' l�' u :F Lt �^''t�w^1 x{Ir'�.at.3 tr+ .r Lr.:s4�Va- a::::LrS:t . FIRM NAME: MYRON E. WILLIAMS & KATHY ELAINE WILLIAMS CONTACT: MYRON WILLIAMS - ADDRESS: 10128 FM 1179 - - CITY: BRYAN STATE: TEXAS ZIP: 77808 PHONE: FAX: EMAIL. ,ENGINEER INFORMATION tik' FIRM NAME: SCHULTZ ENGINEERING. LLC CONTACT: JOE SCHULTZ ADDRESS: 911 SOUTHWEST PARKWAY E. CITY; COLLEGE STATION STATE: TEXAS ZIP: 77840 PHONE: 979 - 784 - 3900 FAX: EMAIL- ENGQSCHULTZENG.COM SURVEYOR"INFORMATIONgffl 3 W � FIRM NAME: TUMUNSON LAND SURVEYING - CONTACT: TYLER TUMLINSON ADDRESS: 1015 HOLT STREET CITY: COLLEGE STATION STATE: TEXAS ZIP: T,540 PHONE: 254 - 931 -8707 EMAIL: TYLERTUMLINSONQGMAIL.COM ?Om TH....ER INFORMOON FIRM NAME: - CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX EMAIL: - DocuSlgn Envelope 10: 94EE3D6A-10EP-465&8794-1724FC81871C By my signature. I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application -I certify that the preceding Information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property: SIGNATURE: PRINTED NAME: DATE: StGNAT "' R / - PRINTED NAME: K. Elaine williams 5/3/2018 DATE: /2018 By lignin 'e toe!awner of the property authorizes Brazos County to begin proceedings in accordance with the process for this we or Application Indicated on page ane of this Application. The Omer further acknowledges that subnusslon of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not ccnfovn to the staffs recommendation. MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: 5150 +S%per lot FINAL PLAT: - $200+S20 per lot I AMENDING PLAT: 5100 - - I REPLAT: 5200 RECEIPT BY BRAZOS COUNTY• `- Only) DATE APPLICATION RECEIVED: —1-1 DATE APPLICATION RECENED I REJECTED: _/_I_ SIGNATURE: SIGNATURE: Receipt of this Application by Brazas Caunty does not provide confirmation or acceptance of a complete Application. nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a pad of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (i) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District - For On-site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. ❑ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Every Simplified Plat shall include all of the following: 17 Title Block with the following information: O Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. III Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) O Date of preparation. (Include the date of any revisions on the plat.) El Engineer's scale in feet. . 17 Total area intended to be developed. 6 Proposed number of Lots to be developed. • Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. p North arrow. O Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. O Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. El All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. 0 A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. 0 All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. O All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. O County. boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. E Road names and Right -of -Way width for all Roads. (Existing and proposed) El All existing and proposed plat boundary lines, phaselsection lines, and Lot lines with bearings and dimensions. ZI Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) O Pipelines: label company with volume and page. EI All certification language as found in Appendix C. O Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language.found.in Appendix C. The Owner's and any lien holder's dedication, and restrictions. if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. 0 All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. - 0 Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within . an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. M Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) EI All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernstene Standard and Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 171 Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. _ El The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. El The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. O The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). G If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. El BFE's shall be shown for all points within the plat, as determined by .the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. Q A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches .higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. EI If any areas within the plat include a 100-Year.Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. O A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). O The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court, O If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ).: This letter must be signed by a representative of. the District prior to Final Plat approval. f7 If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. 1 For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. EI Indicate the centerline length of each Road in the proposed Subdivision and its design speed. p If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. E1 Locations of existing and proposed private alleys. O Locations of existing and proposed public areas. p Locations of other public Improvements, including but not limited to parks, schools and other public facilities. O The location of proposed cluster mailboxes, as required. O All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. Q Proposed phasing. Each phase must be .able to stand alone to meet requirements of these Regulations. - - p Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if - needed. 0 If the proposed Preliminary Plan is to be -a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, °A Private Subdivision". Refer to Article 8 for additional requirements. - O This check list along with the required copies of the plan shall be submitted to the County Engineer . for approval. . 21 Include a description of contributing drainage to the proposed Subdivision. The submittal shall . include the area, slope and type of Development in the contributing area. EJ Drainage narrative in compliance with the SCEDG. El Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. . O All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Va. %7 Pg. / %6 Every Final Plat must include all of the hems provided on the Simplified Plat checklist as well as the following: O For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in•a private drainage Easement.. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ If public Roadways are to be built as part of the plat; the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat: _ El The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. - ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed.. ❑ If more than four mailboxes are to be provided within the. Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. ❑ If the Roads within the. Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. . ❑ Locations of other Public Improvements, including but not limited to parks, schools . and other public facilities. ❑ All Off-site Easements for infrastructure construction mustbe shown on the Final Plat with a volume and page listed to indicate .where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ❑ Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must. be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each . phase of the Subdivision. O Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. ❑ If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. - ❑ In the case of .an. On-site Sewage. Facility (OSSF), the Developer shall be responsible for providing a .Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. %� Pg. / %� SCHULTZ Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 June 6, 2018 Prarthana Banerji, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, TX 77803 Re: Williams Meadows Subdivision — Variance for TxDOT ROW Dedication Dear Ms. Banerji: The property owners for the proposed Williams Meadows Subdivision, located at the corner of Shirley Road and FM 1179, request a variance to the right of way dedication requirements in Article 7 of the Brazos County Subdivision Regulations for the insufficient right of way for FM 1179. Dedicating the required right of way at this time would place the existing house in the building setback. In the future, if/when this roadway is improved and needs additional right of way, the additional right of way can then be acquired by the State. If you have any questions, please do not hesitate to call. Sincerely, Schultz Engineering, LLC. Joe Sch ltz, P.E. Manager P.O. Box 11995 • College Station, Texas 77842 schultzeng.com pg. �� 4 =.__-Jit--------=_-_. VICINITY MAP FINAL PLAT WILLIAMS MEADOWS SUBDIVISION 14.79 ACRES 4 LNSONSIIRVI!Y. R-�� ♦u�COu ceryl'%nS nma ...mom =.__-Jit--------=_-_. VICINITY MAP FINAL PLAT WILLIAMS MEADOWS SUBDIVISION 14.79 ACRES 4 LNSONSIIRVI!Y. R-�� ♦u�COu ceryl'%nS 0�� z6yye' TY OF 84 BRAZOS COUNTY BRYANJEXAS DEPARTMENT: CC 2018 - Drainage Easement - Road and Bridge NUMBER: Richard and Peggy Biensld -Linda Lane DATE OF COURT MEETING: 8!//2018 ITEM: Acceptance of a Drainage Easement from Richard and Peggy Bienski for 0.207 of one acre of and to be used for improvements to Linda Lane. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 07/30/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHM E NT S- i e Name Description Tvoe Drainage _Easement _ Drainage Easement- Richard and Peggy Blenski - Linda Richard_ard_Peggy_Bienski= Lane Backup Material _Linda_Lane.pdf ,l r County NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Drainage Easement THE STATE OF TEXAS COUNTY OF BRAZOS Linda Lane KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): RICHARD BIENSKI and wife, PEGGY BIENSKI Grantor's Mailing Address: 5288 Linda Lane Bryan, Texas 77807-9084 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.207 of one acre, more or less, being situated in the I. L. JAQUES SURVEY, Abstract No. 143, Brazos County, Texas and being a part of that certain Called 43.5 acre tract as described in deed from Josie Bienski to Richard Bienski and wife, Peggy Bienski, of record in Volume 2865, Page 272, Official Records of Brazos County, Texas, said 0.207 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page I oft E01 Pg. �/ This easement conveyed herein is for the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the County deems necessary. As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from said premises by the County. If required, rock riprap may be installed to prevent erosion. TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the premises described in said Exhibit "A". When the context requires, singular nouns and pronouns include the plural. 41 -t Executed this 30day of V 5i 2018. / Richard Bienski Acknowledgment State of Texas County of �t'� z�c This instrument was acknowledged before me on -7--Yl) by Richard Bienski and wife, Peggy Bienski. '"'6s DdRREIL W KDLWEs V IN � /� + � Nasary fp p377B941 �J J ®: My Commission Expires G�s.�.. � C—a{��.c,__, 'tor �� July 23, 2022 Notary Public's Signature Page 2 of 2 Vol. Q0. I 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 N Phone: (979) 776 — 9836 %URVEYING, LLC Fax: (979) 731 — 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com V EXHIBIT "A" SHEET i OF 2 BRAZOS COUNTY LINDA LANE 0.207 OF ONE ACRE DRAINAGE EASEMENT OUT OF THE RICHARD AND PEGGY BIENSKI CALLED 43.5 ACRES VOLUME 2865, PAGE 272 I.L. JAQUES SURVEY, A-143 BRAZOS COUNTY, TEXAS JULY 2, 2018 All that certain lot, tract or parcel of land being 0.207 of one acre situated in the I. L. JAQUES SURVEY, Abstract No. 143, Brazos County, Texas and being a part of that certain Called 43.5 acre tract as described in Deed from Josle Bienski to Richard Bienski and wife, Peggy Bienski, of record in Volume 2865, Page 272, Official Records of Brazos County, Texas, said 0.207 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rad with Cap set in the northwest right-of-way line of Linda Lane as described in Volume 254, Page 187 for the most easterly comer, a 1/2" Iron Rod found for the Occupied most easterly comer of the remainder of said Called 43.5 acre tract bears N 41 ` 51 ' 08 " E a distance of 43.45 feet; THENCE S 41 ' 51 '08' W, along the northwest right-of-way line of said Linda Lane a distance of 20.20 feet to a 1/2" Iron Rod with Cap set for the most southerly comer, a 112" Iron Rod found for the Occupied most easterly comer of the Johnny Grivalf Called 1.00 acre tract as described in Volume 398, Page 761; THENCE N 56 ° 07'23 ' W, a distance of 59.97 feet to a 112" Iron Rod with Cap set for angle point; THENCE N 47 ° 39 '42 " W, a distance of 391.90 feet to a 1/2" Iron Rod with Cap set for the most westerly corner, a 318" Iron Rod found for the Occupied West Corner of said Called 43.5 acre tract bears N 53 " 08'43 " W a distance of 3861.95 feet; THENCE N 42 ° 20 ' 18 " E, a distance of 20.00 feel to a 1/2" Iron Rod with Cap set for the most northerly corner, a 3/8" Iron Rod found for the Occupied most Northerly Corner of said Called 43.5 acre tract bears N 46 " 54'26 " W a distance of 3643.42 feet; THENCE S 47 ° 39 '42' E, a distance of 390.42 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 56 - 07' 23 " E, a distance of 61.29 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.207 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on July 2, 2018 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4951 and working under Firm No. 10093500. North Orientation is based on rotating the northeast line of said 43.5 acre tract to Grid North NAD83 (CORS 2011) State Plane Central Zone. For other information see accompanying plat SUP'' �gl: C'Fz7 pg. / 9� Richard- 8. Peggy Bienshl Called 1.00 Ac... 2865/269 x Fnd. 1/2' Iron Rod Occupied East Corner Remainder of Called 43.5 Ac. N 47.41'11' W 4293.77 IColl N 45'- W 4313.61--- ----N 41'51'06" E —.43.46'---' - N 46.54'26`.W 3843.42' to a 3/8- IR Fnd. Richard a Peggy Bienski S 41'51'08` W - 20.20' I., the North Corner o1 Called 43.5 Ac. Remainder at Called 43,5 Ac. 2865/272 S 56'07'23' E • 61.29' S 47'39'42' E 390.42' --- ........ t N 42'20'16- E - 20.00' ----_--^-----_---0.207 Ac. -- _. >---������� .---N 4.39'42" W 391.990, — N 53'OB'43' W - 3861.95' 10 a 3/6- IR Fnd. for the West Corner or Called -43.5 Ac. NOTES: North Orientation is based on relating the northeast line of 4.3.5 Acre Tract to Grid North NAD83 ICORS 20111 epoch 2010.00, Stole Plane Central Zone, All easements and/or utilities may not be shown on this plat. A 1/2' IronRod set at all easement Corners. Richard B Peggy Bienski Remainder of Coiled 43.5 Ac. 2855/272 Johnny 8 Elizabalh Grizzaffi Called 1.00 Ac. 398/761 I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that this plot represents the results of an on the ground survey performed under my supervision on JULY 2, 2017, and is true and correct to the best of my knowledge. N 56'07'23' W - S 41.51'08' W - 58.58' Fnd. 1/2- Iran- Rod Occupied East Corner Called 1.00 Ac. EXHIBIT'A' BRAZOS COUNTY LINDA LANE 0.207 OF ONE ACRE DRAINAGE EASEMENT OUT OF THE RICHARD AND PEGGY BIENSKI CALLED 435 ACRES VOLUME 2865, PAGE 272 I. L JAQUES SURVEY, A - 143 BRAZOS COUNTY, TEXAS SCALE: 1' = 60'. JULY. 2, 2018 SFIEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Linda Lane Project: 02-1102 W.O. No.: 33477 Precinct: 4 We the undersigned owner(s), accept payment of $3,500.00 as compensation and full settlement for granting of a Drainage Easement in, along, upon and across 0'107 of one acre of property located on the above mentioned project. Richard Bienski Date: Date: �!— 6 — ] i Vol. TS:OF_ G�TY O£ S ry BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2018- UtilityPermit - F W P Holdings, LLC - Homola Road & Road and Bridge NUMBER: Britten Road - Temporary Water Line Per DATE OF COURT MEETING: 8/7/2018 ITEM: Consider and take action on the FW P Holdings, LLC utility permit to install a temporary 10" polyurethane water line within and along the right-of-way of Homola Road and Britten Road. Project will provide water to an oil well. Siteis located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 07/31/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS - File Name Descr' t0 IOn Iy&e_ Ufility_Permit _-_FW P Holdings LLC-- Utility Permit - FW P Holdings, LLC - Homola Road & Britten Homola Road_Bn en Road_- Road - Temporary Water Line Permit Backup Material _Temporery_Watw_Une Permitpdf Vol. % % Pg.G° 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 FWP Holdings. LLC [company name], hereinafter referred to as "Company" a Texas [stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Black Number Crossing (CHECK ONE) Bored .Jacked Driven Cased Britten Road Thru Culvert i Facility to Parallel Countv Road Within Right -Of -Way Read Name and Block Number From TO Denth Distance HomolaRoad 30040'54.81"N 30040'50.81"N On Surface 500 feet 96029'31.14"W 96029'28.48"W Britten Road 30°40'33.50"N 30041'31.39"N On Surface 8,300 feel 96028'48.49"W 96027'41.44"W CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification P0lwrethane (Flat Hose) Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY NWST FILL IN). If such construction is not begun by the 60'" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. % Pg. �21� expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance will, installation requirements sel forth herein (i.e. depth, location, etc), Conrpanv assumes all financial responsibility jar damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requiremenm Applicant agrees that if Brazos Counq, demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for hyunedve relief exist and that Brazos Counq, is entitled to relief enjoining any conduct by applicant which is contrary to rhe policies. This permit is a revocable permit Brazos Counq, reserves the right to revoke this permit at any time, in the sole discretion of Brazos Coun;v, for interests of public henith, safety- or welfare, or for failure to repair arty damages upon demand, orfor any other reason deemed sufficient by Brazos County. /n 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 Cnunry Engineer further retairrs the right to revoke this Permit by verbal notification to the ApplicandCompany. Failure to obtain this permit and/or norify dee 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. Graf LL G Comps y Name 16;4t � �>< By-�J SignatuUP Title /9260 c.ler//,f f?.-/_ S..'<e 4660 Addres ,,,s: 7 x 77692 City State Zip 713.9S2.SS3� Ph11,11 r� Number Email: r-- Vol. 7 P9' —J 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 �— 3� ` % except as noted below: EXCEPTIONS: (Month/Day/Year) Brazos County Engineer Vol. 7 % Pg. C� f 90 SHOW NORTH ARROW PLAN VIEW CENTER LINE O 4 a TYPICAL SECTION COUNTY ROAD 1. IN CROSSING ROAD OR GOING ALONG RIGHT -OF -WRY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION CENTERLINE FCOUNTY ROAD O 3 ROAD RIGHT -0F -MY - f 90 SHOW NORTH ARROW PLAN VIEW CENTER LINE O 4 a TYPICAL SECTION COUNTY ROAD 1. IN CROSSING ROAD OR GOING ALONG RIGHT -OF -WRY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safero Reauiremenis 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 Manual of Uniform Trak Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. C2 �' b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Desi -en Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement, Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines; All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally 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 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol, �7 pg. 2 6 7 c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e, based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Va. % Pq. _ 1 09 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to a lstine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocarionofutiliries 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. K 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 beg iven that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greaterthan 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad 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 diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. ��lg Vol. 7 Pg. ��, z I ISw min 1 S TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1b) WORK SPACE ON SHOULDER Conventionol.Roods LEGEND rowlo M1.niimYl. in�'.rl" .mleu /•r Yltw�. tti'+o..isllm >m'in v/r m i:. a• fa. m.�x... �. 1 )Iso• (�7n.o+r ail l�`II011'' ROAD INu wM'I.W.1 w' tnum Wftlra nm1a 717e. sra5 M rP'iml• Dvpa01• Se..Wo slm peel MHK SIW Iw• woc Flw q fIW A FM flWlf w' No• lis• s twit, Pit, PA• t53' Sl0' [ V i4? S (IIA e(A .5• IS SW' sb' 600' S ADlA OAA DtAHF LW;,- f l ss Sa LAS Sw' SUS' iw' 5xsx t SW' 255' I rA• 1 ).1 tsro I• vA i t• kits x1A )lo' 51 I Lb' 715' LO' 6S 11]' g,'sg 1t0' t IR I1.11 iw' 7l0' Sr0' ]o' Iq' 1.. •i5' 75 750' •]]' 500' kr p� ISO' I S1'J' I I F n In /a w.lmx WiALL M7)i fr Ilm bl, � u I I 4 Mrlman. SIW W haftic Ibollro. 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Mvwlln•Ilq•'f. 49tr T,hi,.IID➢Y OJn N7r I WPI It. Dmulnlgsofe1i 11T4..9otr vP.lele Nl!np T4 Gtlflpx i �V Nmra RINK.) amIm m In"k Df f.a rt ltmt a1Nt. fa VI 1M. IM If If kk n•Mt CofRmry a eglln el la vL N stet vv m al nm a wrt WgI11pY lglln 1a IrDlrlD Mhol ID l.tltn Il ' 1 1. DIW TmI)W{IafnC Nlr COr1111m Mlm mfa i Wf 1r la AW.1f01D1• W TLL .1 5 /OOtlwl 8pbr Y01<I011111 DY vry a of flual •11 fa µwi ufM Iael Pvn I, N pelel a.tdl.mt L7at I -11 , M [ M MG -11 fc 1b11N st m llrleq lllpq•, pgm.Ri mf ;g rn•m Tlw gtr.4iluynnf impel) YWIOa IG'W lq /a IR I1.11 W14'-iIi tmM WbEm fa Owd tlml[c. L xRly •APSpI tQ• •ID. wr Ie Pxl-la , I Na m .. . IYS) Q( YfJi' SIDY fc Ia11C, vi m W'IO1CC1 rWi14 iitl ryyfMflm mR111}Mvm w,irmf .v a. µcplNc oOIK) Ipll!•twlla I V MiTr MIDI•i tm a 1tvC I In /a w.lmx WiALL M7)i fr Ilm bl, � u I Mrlman. SIW W haftic Ibollro. M TCP 12-ia) WORK VEHICLES ON SHOULDER Conventional Roods srT L�Id7m �Mfm+d TRAFFIC CONTROL PLAN .CONVENTIONAL ROAD - SHOULDER WORK TCP( SIPICAL lA(ALE ' IWISC ]loll fwrt lW IrtIW6D41f xas 1W N411P 51.11[wR leY i]lilWlif SLIIDM1r J J J 1 tru 0 l DEPARTMENT: DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLARAMOUNT: ATTACHMENTS: File Name P10_08.07-18.pdf P11_08-07-18.pdf BRAZOS COUNTY BRYANJEXAS NUMBER: 8/72018 Expenditure Journal Entries • 070105 - 070114 • 080003-080004 Commissioners Court 08/02/2018 False False $0.00 Description Exp JEs P10 Exps JEs P11 Tvoe Backup Material Backup Material [Vol. a 7 pg. �1 SUNGARD PENTAMATION PAGE NUMBER DATE: 08/02/2018 BRAZOS COUNTY, TX BJOURNII TIME: 12:16:51 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 08"0718 070105 TRVL RETMB-J YARTER 10/18 COMPLETE 350314 0100 28004000 61801000 GRAPEVINE 7.22-25.18 411.04 350315 0100 0100 20429800 GRAPEVINE 7.22-25.18 411.04 TOTAL JOURNAL ENTRY 411.04 411.04 08*0718 070106 TRVL REIMB - B BENTH 10/18 COMPLETE 350316 3000 424100 61801000 AUSTIN 7.24-25.18 314.64 350317 3000 3000 20284700 AUSTIN 7.24-25.18 314.64 TOTAL JOURNAL ENTRY 314.64 314.64 08^0718 070107 TRVL REIMB-C BUCKLEY 10/18 COMPLETE 350318 0100 16000100 61801000 TYLER 7.18-20.18 426.13 350319 0100 0100 20123780 TYLER 7.18-20.18 426.13 TOTAL JOURNAL ENTRY 426.13 426.13 08-0718 070108 TRVL REIMB-F PATRANE 10/18 COMPLETE 350320 0100 28004000 61801000 GRAPEVINE 7.22-25.18 62.00 350321 0100 0100 20415300 GRAPEVINE 7.22-25.18 62.00 TOTAL JOURNAL ENTRY 62.00 62.00 08"0718 070109 TRVL REIMB-3 ACOSTA 10/18 COMPLETE 350322 0100 28004000 61801000 GRAPEVINE 7.22-25.18 62.00 350323 0100 0100 20440700 GRAPEVINE 7.22-25.18 62.00 TOTAL JOURNAL ENTRY 62.00 62.00 08*0718 070110 TRVL REIMB-K WILLIAM 10/18 COMPLETE 350324 0100 28004000 61801000 GRAPEVINE 7.22-25.18 401.04 350325 0100 0100 20112350 GRAPEVINE 7.22-25.18 401.04 TOTAL JOURNAL ENTRY 401.04 401.04 08-0718 070111 TRVL REIMB-M SMITH 10/18 COMPLETE 350326 0100 28004000 61801000 GRAPEVINE 7.22-25.18 401.04 \t 350327 0100 0100 20122970 GRAPEVINE 7.22-25.18 401.04 v TOTAL JOURNAL ENTRY 401.04 401.04 08°0718 070112 TRVL REIMB - D BUDGE 10/18 COMPLETE .� 350328 3000 424100 61801000 AUSTIN 7.24-25.18 191.65 350329 3000 3000 20121080 AUSTIN 7.24-25.18 191.65 TOTAL JOURNAL ENTRY 191.65 191.65 08°0718 070113 TRVL REIMB - H SANCH 10/18 COMPLETE 350330 0100 19000100 61801000 SA 7.8-13.18 1,034.50 350331 0100 0100 20123590 SA 7.8-13.18 1,034.50 TOTAL JOURNAL ENTRY 1,034.50 1,034.50 08"0718 070114 TRVL REIMB-C ZDUNKEW 10/18 COMPLETE 350332 0100 16000100 61801000 TYLER 7.18-20.18 426.13 350333 0100 0100 20120230 TYLER 7.18-20.18 426.13 TOTAL JOURNAL ENTRY 426.13 426.13 TOTAL CONTROL NUMBER 3,730.17 3,730.17 TOTAL REPORT 3,730.17 3,730.17 1 r� SUNGARD PENTAMATION PAGE NUMBER DATE: 08/02/2018 BRAZOS COUNTY, TX BIOURN11 TIME: 11:40:31 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 80718 080003 AG EXT TO EXPO 11/18 COMPLETE 350308 0100 37000100 71502000 AG EXT TO EXPO 350.00 350309 0100 0100 41011000 AG EXT TO EXPO 350.00 TOTAL JOURNAL ENTRY 350.00 350.00 80718 080004 COPIER LEASE AUGUST 11/18 COMPLETE 350310 3000 424100 71500000 COPIER LEASE AUGUST 93.43 350311 3000 3000 11005200 COPIER LEASE AUGUST 93.43 350312 0100 0100 11005200 COPIER LEASE AUGUST 93.43 350313 0100 0100 46049500 COPIER LEASE AUGUST 93.43 IOTAL JOURNAL ENTRY 186.86 186.86 TOTAL CONTROL NUMBER 536.86 536.86 TOTAL REPORT 536.86 536.86 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 44.1-44.4 On this the 7th day of August 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 7th day of August 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 7th day of August 2018. THE CONIvi IISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. uane Petp s, County Judge Original: County Clerk's Office and Attached to the original budget va. Pg./s� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 44.1 81712018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Information Technolo I.T. Services Minor Ac uisirians 37099.46 General Fund Tac Office Minor Acouisitions 3,204.90 General Fund District Attomev Minor Ac uisitions 1.292.00 General Fd Geneun District Clerk bfinor Acquisitions 640.98 General Fund District Clerk Ju Services Minor Acquisitions 1,286.98 General Fund Election Administrator Minor Acquisitions 640.98 General Fund 272nd District Jude Minor Acquisitions 646A0 General Fund Juveniic Court Referee Minor Acquisitions 43733 General Fund Sheriff Administration bfinor Acquisitions 3,845.88 General Fond Sheriff Administration Jail Minor Ac uisifions 4676.02 General Fund Constable Per. 91 MnorAe uisitions 2.563.92 General Fund Juvenile Administration Minor Acquisitions 14812.82 General Fund Brazes Center I Minor Acquisitions 755.00 General Fund Road & Bridge Admin. "Vicar Acquisitions 2,296.57 1,286.98 0100 11210020 67203000 DR Minor Com uterHardware 640.93 Information Technolo,,y, Tax Office, District Attorney, District Clerk Election Admin., 272nd District Judi e, Juvenile Court Referee Sheriff Administration, Constuble Pct kl Juvenile Adminish'ation Brazos Center. and Rnad&Bride DR Reallocations of Ponds tc the appropriate department's account to cover the purchase of aged computers and printers. 646.001 ARI Date % 4m a 8f1/2 131 Vol. -� % % P9_ r2/SJ 4 P. YnJx...... .,9�i : '��=erne ,5 �4i?Y1, iSF .:..., .. Fr"k. .....-'2..s:'..ub a�.'k". �.nrS �rL • i, �:�:�•• FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 14000200 67203000 CR bfinor Cam uterHardware 35.283.50 0100 14000200 67670000 CR Printers 1,814.98 0100 13000100 6720300 DR Minor Computer Hardware 3,20490 0100 19000100 67203000 DR Minor Com uterHardware 1 92.00 0100 20000100 67203000 DR Ivfinor Com uterHardware 640.98 0100 20010000 67203000 DR Minor Com user Hardware 1,286.98 0100 11210020 67203000 DR Minor Com uterHardware 640.93 0100 22100100 67203000 DR INlinor Com uterHardware 646.001 0100 225CO100 67670000 DR Printers 437.33 0100 28000100 67203000 DR 'Amor Computer Hardao, 3,845.88 0100 28002000 67203000 DR Minor Com uterHardware 4092.03 OI00 23002000 67670000 DR Printers 583.99 0100 3070//00 67203000 DR Minor Computer Hardware 2.563.92 0100 31000100 67203000 DR Minor Computer Hardware 14812.82 0100 36500100 67203000 DR Minor Computer Hardivare 755.00 0100 5600f000 67203000 DR Minor Com ter Hardware 1803.01 0100 .56001000 67670000 DR Printers 793.66 Vol. -� % % P9_ r2/SJ BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 44.2 nrm rDate�.,..; 'y",ZF,..,8F,1/2018+ 817120tB FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Records Ment Fund County Records Management Minor Ac Ui5itien5 230.00 County Records Mem[Fund CountyRecords Management Contractual Services 230.00 1900 50000100 67281000 CR E ui ment- Electronic 330.00 1900 50000100 71025000 DR Conroe[ Services 230.00 I County Records Mmt Fund Reallocation of funds to the correct account cover the increasing cost ofdestructi0n to Gan Mountain. nrm rDate�.,..; 'y",ZF,..,8F,1/2018+ I FUND DIV ACCT ORICR ACCOUNT NAME Increase Decrease 1900 50000100 67281000 CR E ui ment- Electronic 330.00 1900 50000100 71025000 DR Conroe[ Services 230.00 I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-44.3 Hotcl Hotel Occupancy Vol. a % pg,/% FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 672860DO CR E ui ment-Other 3,408301 1100 11002500 60500000 OR Equipment & IT Enhancement 3,408.30 Vol. a % pg,/% BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. Wli ll - 44.4 81]12018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease eneral Permanent improvement Courthouse Renovu%on capitaloutlay 9216.85 General Permanent larproveracutt DIV Other Fieancins Uses 9,216.85 General Fund Increase Decrease Other Finammn^ Uses 9,216.85 General Fund Road & Bridge Administration Minor Acquisitions 9,216.85 4500 91300000 1 DR Transfer to General Fund 9216.85 0100 49029000 CR Transfer from Capital Imp. Fund 9,216.85 0100 56001000 61890000 DR VebicleEqaipncnl 9216.85 i Capital Improvement Fund and Road & Rrldoe Administration [Reallocation of funds to the correct account to 2urchase toolboxes, fuel tanks end radio's for the replacement trucks. FoeA'C'Mtm' Pd2ni PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 07, 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 Exposition Complex Alvarez, Jose Employment Gloria, Viviana A. Juvenile Services — Detention Bass, Darius Separation Change of Status Juvenile Services — State Aid Sauseda, Desiray N. Employment Sheriff's Office — Detention Approved in Commissioners' Cou County Judge's or Commissioner' (This Copy to be attached to mina Crawford, Cecil M. Separation Vol. Pg. 4�