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HomeMy WebLinkAbout2023/02/21 REGULAR SESSION 10:00AMLL i 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 FEBRUARY 21, 2023 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACE BOOK.COMBRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -18 3. Approval of the Renewal of the MOA between Brazos County and the FEMA Integrated Public Alert and Warning System Program Management Office. 4. Approval of Change Order #1 to Dudley Engineering for Peach Creek Road in the amount of $50,799.70 for additional materials testing. 5. Approval of Renewal for Contract #23-086R Merchant Services with NCR Payment Solutions. 6. Approval of Contract #23-109 for grant assistance with Lucasl Compton. 7. Approval of Service Contract Cl P 23-546 for the X-Ray Machine Replacement for Courthouse Security with Smiths Detection. 8. Approval of Service Contract #C I P 23-573 for Installation of Card Readers & Control Panels for Brazos County Low Risk Detention Center in the amount of $9,995.00. 9. Approval of the following committee for the evaluation of proposals for RFP #CIP 23- 580 Old Reliance Road Phase 1 Reconstruction. • a. Prarthana Banedi • b. Fred Paine vol. 3 91 Pg. • c. Daniel Vines • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) 10. Permission to Advertise RFP #CI P 23-580 Old Reliance Road Phase 1 Reconstruction. 11. Approval of the Final Plat of Inexa Lots 1-2; 3.00 Acres; M.A. Foster League, A-16; Brazos County, Texas. Site is located in Precinct 2. 12. Consider and take action on the Brazos W I F I utility permits to install fiber optic cables for intemet service along Dilly Shaw Tap.Road, Frieda.Lane, Riata Court and in the Fawn Lake Estates Subdivision. Sites are located in Precinct 2. 13. Tax Refund Applications for the following: Overpayments • a. Suzanne Garza - $200.00 • b. Jesse or Debbie Fremont- $10.00 • c. John & Sheila Dagraca - $6.82 • d. Maka3 Holdings LLC - $26.73 . • e. A+ Federal Credit Union - $9.00 14. Budget Amendments. • FY 22/23 Budget Amendments 20.01 - 20.06 15. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 16. Payment of Claims. 17. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 18. Consider and possible action on Executive Session. 19. Acknowledgement of the Brazos Valley Groundwater Conservation District 2022 Annual Report. 20. Acknowledgement of the Vote Center Review Committee Members. 21. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of February 15, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of February 15, 2023. 22. Juvenile director's report on detention population. 23. Sheriff's report on inmate population. 24. Announcement of interest items and possible future agenda topics. Vol. Pg _=� 25. Call for Citizen input and/or concerns 26. Adjourn. Vol. 391 Pg. _ = — PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves 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 maybe 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 meting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. _ 391 Pg. -�—� MINUTES FEBRUARY 21, 2023 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, February 21, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns There was no Citizen input. Consider and take action on agenda items: 3 -18 3. Approval of the Renewal of the MOA between Brazos County and the FEMA Integrated Public Alert and Warning System Program Management Office. Vol. Pg.--a---- Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of Change Order #1 to Dudley Engineering for Peach Creek Road in the amount of $50,799.70 for additional materials testing. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of Renewal for Contract #23-086R Merchant Services with NCR Payment Solutions. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of Contract #23-109 for grant assistance with Lucasl Compton. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of Service Contract CI P 23-546 for the X-Ray Machine Replacement for Courthouse Security with Smiths Detection. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of Service Contract #C I P 23-573 for Installation of Card Readers & Control Panels for Brazos County Low Risk Detention Center in the amount of $9,995.00. A copy of the service contract with Convergint is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of the following committee for the evaluation of proposals for RFP #CIP 23- 580 Old Reliance Road Phase 1 Reconstruction. • a. Prarthana Banedi b. Fred Paine Vol. 3 9 Pg. S. • c. Daniel Vines • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Permission to Advertise RFP #CI P 23-580 Old Reliance Road Phase 1 Reconstruction. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of the Final Plat of Inexa Lots 1-2; 3.00 Acres; M.A. Foster League, A-1.6; Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Consider and take action on the Brazos W I F I utility permits to install fiber optic cables for intemet service along Dilly Shaw Tap Road, Frieda Lane, Riata Court and in the Fawn Lake Estates Subdivision. Sites are located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Tax Refund Applications for the following: Overpayments • a. Suzanne Garza - $200.00 • b. Jesse or Debbie Fremont- $10.00 • c. John & Sheila Dagraca - $6.82 • d. Maka3 Holdings LLC - $26.73 • e. A+ Federal Credit Union - $9.00 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Budget Amendments. Vol. 9 1Pg. • FY 22/23 Budget Amendments 20.01 - 20.06 20.01 Reallocate funds for Sheriff's Office. 20.02 Reallocate funds for Constable, Precinct 3. 20.03 Transfer Contingency funds to Juvenile Services. 20.04 Transfer Capital funds to Fleet, Sheriff's Office and all Constable Offices. 20.05 Reallocate funds for District Clerk. 20.06 Transfer funds from Sheriff's Office to Fleet. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Payment of Claims. Claims 8120509 - 8120671 9006855 - 9006915 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Ben: Konderla, Peters, Watson. 17. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. At this point, the County Judge announced the Court would consider items 19 through 25 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:14 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to (a) Section 551.072 and (b) 551.071 as stated above. The following individuals were asked to stay for the sessions: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Vol. 391 Pa. 8 Bruce Erratt, Civil Counsel Katie Conner, Auditor Nina Payne, Budget Analyst 18.' Consider and possible action on Executive Session. At 10:48 a.m. the County Judge announced the meeting open to the public. Executive Session (a): On motion by Commissioner Berry, seconded by Commissioner Konderla, the Court voted unanimously to authorize the County Judge to sign an agreement to create a restriction of residential use on a lot on South College Avenue in exchange for $12,000. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. Executive Session (b): On motion by Commissioner Berry, seconded by Commissioner Aldrich, the Court voted unanimously to authorize the County Judge to enter into an agreement with Allensworth Law Firm in regard to the Jail Kitchen. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson.. 19. Acknowledgement of the Brazos Valley Groundwater Conservation District 2022 Annual Report. The Court acknowledged receipt of the Brazos Valley Groundwater Conservation District 2022 Annual Report. A copy is attached. 20. Acknowledgement of the Vote Center Review Committee Members. The Court acknowledged receipt of the Vote Center Review Committee Members. Judge Peters asked whether anyone in attendance wished to speak on the matter. Nobody wished to speak. A copy is attached. 21. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of February 15, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of February 15, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of February 15, 2023. 22. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 25 are male and 7 are female, and 31 have electronic monitors. 23. Sheriff's report on inmate population. Chief Deputy Kevin Stuart stated there were 666 inmates in jail, 569 inmates are male, 97 are female, and 33 have electronic monitors. Commissioner Berry commented that Vol. -Pg. the population is increasing. 24. Announcement of interest items and possible future agenda topics. Commissioner Berry announced that the VG Young Institute of County Government School for Commissioners Courts is being held this week at the Exposition Complex and asked that the public welcome the County Judges and Commissioners. 25. Call for Citizen input and/or concerns Fred Medina, resident of Precinct 1 voiced concern over the voting centers. He asked that the Commissioners Court look into placing a location on the west side of Bryan, in what he stated to be a predominately Hispanic area. Mr. Medina suggested employing bilingual staff to elicit more participation in local elections. He then spoke in favor of selecting the Memorial Student Center as a voting location in the next election. Mr. Medina went on to discuss his concerns over losing the Rock Prairie Behavioral Health Clinic in the midst of a widespread mental health crisis. He asked that the Court consider establishing a new inpatient mental health facility within the County. 26. Adjourn. Vol. 391 Pg. The foregoing minutes of the Commissioners Court Meeting held February 21, 2023, have been examined and are approved in open Court this 7th day of March 2023, in Bryan, Brazos County, Texas. Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda Watson U Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 7q�'t 6-16-*rw� Nancy Berry Commissioner, Precinct 3 Vol. 391 Pg. 1 1 Pg j of —a Name BRAZOS COUNTY COMMISSIONER'S COURT 2/,j—DAY OF _ 20 aZ3 (0 c) AM/ Organization (PLEASE PRINT) A -�.,eU-, s- V,I-T- U� t ` ,� (so aco? M )0 C16 Vol. ipg. 12 Pge?of 3 - BRAZOS COUNTY COMMISSIONER'S COURT a 1 DAY OF 20D- AM P1VI, Name (PLEASE PRINT) Organization (PLEASE PRINT) C ?T) 0 -74-el , c� _ �Icvc C� Vol.13 ...__ Pg. Pg�of3 BRAZOS COUNTY COMMISSIONER'S COURT DAY 20 0,00 Name (PLEASE PRINT) MfQ�i55a Coble',, 7 �Pi+f 1�PrVIGe a�1)in- v� M, Organization (PLEASE PRINT) v-eAS � � D LSD E Vol. 3 91 pg. 2116123,11:54 AM Item Coversheet •l BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT. Purchasing NUMBER: DATE OF COURT MEETING: 2/21/2023 ITEM: Approval of Change Order #1 to Dudley Engineering for Peach Creek Road in the amount of $50,799.70 for additional materials testing. TO: Commissioners Court FROM: Presley Nelson_ DATE: 02/14/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT $0.00 ATTACHMENTS: File Name Description Type DUDLEY Engineering LLC Supplemental Cost EsGmate.pdf Cost Estimate Backup Material APPRO Duane Peters DaW County Judge vc1. 3 91 pg. � httasJ/brazos.novusaaenda.comlaaendaweb/CoverSheetasox?itemlD--27061 III AGREEMENT FOR�CONSTRUCTION MATERIALS TESTING SERVICES DUDLEY ENGINEERING LLC DUDLEY Engineering LLC,(dba DUDLEY) is pleased to propose the following Agreement for providing additional construction materials testing services for Peach Creek Cut Off Road Reconstruction. PROJECT SUMMARY' Project Name: Peach Creek Cut Off Road Reconstruction Agreement Date: 2J612023 Project Location: Peach Creek Cut Off Road: College Station,TX Agreement Coordinator: G.Taylor Stinson, P.E., M.S. Client Name: Brazos County,TX Proposed Services: CMT services Client Representative: Mr. Fred Paine DUDLEY Project No.: 22-00411 Client Email: FPaine@brazoscountytx.gov Estimated Fee to Complete Project: $50,799.70 SCOPE OF SERVICES DUDLEY has been requested to provide an updated cost estimate for construction materials testing services along Peach Creek Cut Off Road. The updated cost estimate will supplement purchase order (PO) 230008868,-which currently only has approximately $267 remaining in the PO as of November 30, 2022. The CMT services will be concentrated towards cement stabilized subgrade testing, asphalttesting, and limited concrete testing remaining for the project. Each of these services is outlined in more detail in the attached Table 1. COMPENSATION Our work will be performed on a time and materials basis invoiced at the rates indicated in. the attached fee schedule and Master Agreement, Based on the project information available for our review and the construction materials testing services described, we will perform the proposed scope of CMT services for an estimated cost of $50,799.70. We understand that there may be some redundancies and overlap of services. In these cases, we would expectthe fees to be combined, thus reducing the overall cost of our services. All labor, equipment and transportation charges are billed on a portal-to-portal basis from our off ice.There Is two-hour minimum trip charge for all services, excluding sample pickups. Sample pickups will have a one -hour minimum trip charge. Services provided will be based on the unit rates included on thefollowing page in Table 1, Please note that this is only a budget estimate and not a reflection of the maximum price that may be incurred. Many factors beyond our control, such as weather and the contractor's schedule, will dictate the final fee for our CMT services. Table 1. CMT Service Cost Estimate Summary Unit Rate (($) Descrrption`ofrWorkUntts Quant!ty (Units) $/unit) u ` t Total �kTasWV-CJimeJi Stai��lr edSubgratieTesfing v .r �.. _... ... _.,. Engineering Technician Time 3 hr (3 trips) $601hr $180 Support Truck 46.2 miles (3trips) $0.68/trip $31.42 Moisture Content 10 tests $101test $100 Molding cement treated subgrade (2 5 total $100/set $500 per set), Compression cement treated 5 total $401set $200 subgrade (2 per set) Laboratory Manager 0.75 hr' $901hour $67.50 Task 1 Totat 22-00411 Page 1 of 2 Vol. . PA 6 ' nit ohii It Senior Engineering Technician Time 8 hr'(2 tests) $751hr $600 Uu Senior Engineering Technician Time 6 hr (3 trips) $75/hr $450 As AfUs Senior Engineering Technician Time 112.5 hr (20 trips) $75/hr $8,437.50 Bulk Specific Gravity 45 tests $50/tests $2,250 Senior Engineering Technician Time 62 h r (20 trips) $751hr $4,650 Support Truck 308 miles (20 trips) $OM/trip $209.44 Engineering Technician Time 12 hr (8 trips) $751 h r $900 Casting Cylinders (air& slump) 4 trips $115/trip $4,60 Compression of Cylinders 16 tests $15/tests $240 C"'O'Unty. 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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Processor Disclosure The'JetPay' party listed throughout this agreement will refer to the entity below. JetPay Payment Services, FL, LLC, a Delaware limited liability company whose address is: 316 S. Baylen Street, Suite 590 Pensacola, Florida 32502 MERCHANT AGREEMENT in consideration of the mutual promises and covenants contained in this Merchant Agreement ("Agreement"), the parties agree as follows: 1. Parties. The parties to this Agreement are ("Bank", as set forth on the Merchant Application and Agreement, with respect to Visa, MasterCard, and Discover Network Transactions), JetPay, a Delaware limited liability company whose address is 316 S. Baylen Street, Suite 590, Pensacola, FL 32502 ("JetPay"), and the Merchant set forth on the Merchant Application form to which this Agreement is attached ("Merchant"). 2. Definitions. For the purposes of this Agreement and the Exhibits and Schedules referred to herein, the following definitions apply unless the context otherwise requires: (a) Address Verification shall mean a service that allows Merchant to verify the home address of Cardholders with the relevant Issuer. (b) Assignment shall mean the transfer of this Agreement, including all rights and obligations hereunder, by JetPay or Bank to another party pursuant to the consent of Brazos County, where such consent of Brazos County shall not be unreasonably withheld. (c) Card Association(s) shall mean American Express Travel Related Services Company, INC. (AXP), and VISA USA, Inc. ("Visa"), and MasterCard International, Inc. ("MasterCard") and Discover Network ("Discover Network"). (d) Card Association Operating Rules are relevant portions of the Visa International Operating Regulations, the MasterCard Rules, the American Express Merchant Vol. Pg. Requirements, the Discover Merchant Operating Regulations, and the bylaws, rules, regulations, policy statements, guidelines, bulletins, notices, and similar documents issued by the Card Associations, and may be obtained through the Card Associations` own websites or by contacting JetPay directly at: Help@jetpay.com. (e) Authorization shall mean an affirmative response, by or on behalf of an Issuer to a request to effect a Transaction, that a Transaction is within the Cardholder's available credit limit and that the Cardholder has not reported the Card lost or stolen. All Transactions require Authorization. (f Authorization Center shall mean the facility or facilities designated from time to time by Bank or JetPay to which Merchant shall submit all requests for Authorization. (g) Business Day shall mean any day other than (i) a Saturday or Sunday, or (ii) a day on which banking institutions are authorized by law or executive order to be closed (and on which Bank is in fact closed). (h) Card(s) shall mean either American Express, Visa, MasterCard, or Discover Network credit card, debit card, or other similar card that may or may not require a PIN for identification purposes, or pre -paid, stored -value or gift card. (i) Cardholder (also referred to as "Card Member" or "Cardmember" in some Card Association materials) shall mean a person authorized to use a Card. 0) Chargeback shall mean a Transaction that Bank returns to Merchant pursuant to this Agreement. (k) Forced Sale shall mean a sales Transaction processed without an approved electronic Authorization number being obtained for the full amount of the sales Transaction at the time the Transaction is processed. (1) Full Recourse Transactions shall mean mail orders, telephone orders, e-commerce (Internet) orders, Pre -Authorized Recurring Order Transactions, and other "card not present" sales. (m)Issuer shall mean a member of an Card Association that enters into a contractual relationship with a Cardholder for the issuance of one or more Cards. (n) Merchant Statement shall mean an itemized monthly statement of all charges and credits to the Operating Account. (o) Fees shall mean the rates, fees, network fees, and/or assessments charged by the Card Associations, JetPay and the Bank as set forth in Exhibit A to the Merchant Application and Agreement. The Card Associations charge JetPay and Bank these fees in order to facilitate a Transaction. These "Fees" include interchange and assessments for Visa, MasterCard and Discover along with all associated fees in their operating rules and Discount Rate, Network Fee, for American Express as outlined in their operating rules and regulations, JetPay may pass through other fees and or fines directly related to the card type, and how the card was submitted i.e.; swiped or keyed entered, cross boarder fees etc. Complete processing fees of Card Transactions that may be charged from time to time by Card Associations, JetPay or Bank may be found at the JetPay website. 2 301 pg. 20 Vol. (p) Bank fees as applicable and stated in Exhibit A to the Merchant Application and Agreement. (q) Normal Transaction shall mean a Transaction in which the Card is swiped through a terminal, register or other device, capturing the Card information encoded on the Card's magnetic strip or chip. (r) Pre -Authorized Recurring Order Transactions shall mean Transactions that have been pre -authorized by the Cardholder and for which the goods or services are to be delivered or performed in the future by Merchant without having to obtain approval from the Cardholder each time. (s) Qualified transactions shall mean: (i) retail Transactions in which the Card is swiped or chip read; (ii) Card Association telephone or mail transactions with Address Verification; or (iii) transactions that are part of a special registered program approved by the Card Associations. (t) Services shall mean the transaction processing services provided by Bank or JetPay under this Agreement. (u) Transaction shall mean the acceptance of a Card or information embossed on the Card for payment for goods sold and/or leased or services provided to Cardholders by Merchant and receipt of payment from Bank or JetPay, whether the Transaction is approved, declined, or processed as a Forced Sale. The term "Transaction" also includes credits, errors, returns disputes, and adjustments. (v) PCI DDS Compliance shall mean The PCI Data Security Standard represents a common set of industry tools and measurements to help ensure the safe handling of sensitive information. Created by aligning Visa's Account Information Security (AIS)/Cardholder Information Security (CISP) .programs with MasterCard's Site Data Protection (SDP) program, the -standard provides an actionable framework for developing a robust account data security process - including preventing, detecting and reacting to security. (w)Data Breach Coverage shall mean a new and unique indemnification program designed specifically to meet the expenses resulting from 6-suspected or actual breach of payment data. (x) Payment Application shall refer to software and/or hardware that are used to facilitate a payment transaction. This shall include but not be limited to payment terminals, gateways, hospitality management surplus, virtual terminal, and retail POS systems. (y) PA-DSS shall mean the certification of a Payment Application as within PCI DDS compliance standards as listed by the PCI Security Standards as listed by the PCI Security Council currently available at https://www.pcisecuritystandards.org/document library?association=PA-DSS 3. Merchant agrees to participate in program. Merchant agrees to participate in the card processing services program established by Bank and JetPay. 3 Vol. 391 �� 2 � 3.1 Contact with Merchant. If Merchant elects to receive messages from Bank, JetPay, and Card Associations regarding products, services and resources available to it, as indicated on the Merchant Application, Merchant agrees messages maybe sent by Bank, JetPay, and Card Associations to the phone numbers, facsimile numbers, or email addresses provided by Merchant. If a wireless number is provided, Merchant agrees communications may be sent via SMS or text in addition to automated calls. Merchant may opt out of receiving messages by contacting JetPay at assist.opt-out@jetpay.com. Opting -out will not preclude you from receiving important transactional or relationship messages from Bank, JetPay, and Card Associations. 4. JetPay to provide services to Merchant. During the term of this Agreement, subject to the terms and conditions of this Agreement, JetPay agrees to provide technical documentation and support in order to allow Merchant to accept and process Transactions. JetPay shall provide technical support and customer support for all Transactions, including, without limitation, Authorization, Settlement, Chargeback processing and reporting, twenty-four hours each day, seven days each week (Settlement in conjunction with non -bank holidays.and weekends) during the term of this Agreement. JetPay agrees to provide Merchant with the Services on Exhibit A to the Merchant Application and Agreement as amended from time to time by JetPay and Merchant, during the term of this Agreement, subject to the terms and conditions of this Agreement. S. Independent Contractor. In the performance of its duties hereunder, JetPay shall be an independent contractor, and not an employee or agent of Bank 6. Compliance with Card Association Operating Rules. The terms of the Card Association Operating Rules form a part of and are incorporated into the Merchant Agreement. To the extent permitted by law, Merchant agrees to comply with the Card Association Operating Rules, as the same may be amended from time to time. The Card Association Operating Rules may change with little or no advance notice to Merchant and Merchant will be bound by all such changes. In the event the provisions of this Merchant Agreement conflicts with the provisions of the Card Association Operating Rules, the Card Association Operating Rules for the particular Card would govern. 7. Term. This Agreement shall become effective when all parties sign the Merchant Application form to which this Agreement is attached and, unless sooner terminated, shall remain in effect for the term of three (3) years and it may be extended for two additional one (1) year periods with the written consent of both parties, unless or until any party provides thirty (30) days' written notice of termination to the other parties. All existing obligations, warranties, indemnities and agreements with respect to Transactions entered into before such termination shall remain in full force and effect, and Merchant shall remain liable for all obligations to Cardholders and Bank incurred while this Agreement was in effect. S. Merchant Operating Account. Prior to accepting any Cards, if Merchant agrees to settle all card payments as an ACH credit(s) and all credits, refunds, chargebacks and fees as an ACH debit or by invoice ("Gross Settlement"), Merchant shall establish a 4 _ -- demand deposit account at a financial institution approved by Bank and JetPay ("Operating Account"), through which fees, charges and credits due in accordance with this Agreement may be processed. Alternatively, Merchant may settle all card payments, credits, refunds, ehargebacks and fees in a single ACH credit transaction ("Net Settlement"). 9. Reserve Account. In the event Merchant has a past due balance ("RA Merchant"), Bank or JetPay may establish a reserve account at Bank or any other financial institution designated by Bank or JetPay "Reserve Account", for all indebtedness of the RA Merchant to Bank or JetPay that may arise out of or relate to the obligations of the RA Merchant under this Agreement, including, but not limited to, Card Association fees (if Merchant is absorbing transaction fee), Chargebacks and processing fees (if Merchant is absorbing transaction fee), in such amount as Bank or JetPay from time to time may determine in its sole discretion (such amount shall be equal to the amount of all amounts due of the RA Merchant under this Agreement). Bank or JetPay may fund the Reserve Account by deduction from payments due the RA Merchant or a charge against the RA Merchant's Operating Account. The Reserve Account will be maintained until such time that the the past due balance has been satisfied (the "Reserve Requirement Period"). Upon expiration of the Reserve Requirement Period, any balance remaining in the Reserve Account will be paid to the RA Merchant. Bank or JetPay will inform the RA Merchant in writing of any charges debited to the Reserve Account during the Reserve Requirement Period. 10. Fees. Merchant agrees and shall pay Bank and JetPay all fees, if any, specified on Exhibit A to the Merchant Application and Agrecment, as amended by Bank or JetPay along with Merchant, from time to time. 11. Billing. JetPay will invoice all amounts owed to Bank or JetPay in a month by the fifth day of the subsequent month or the next business day if the fifth day is a weekend or a holiday. Gross Settlement merchants authorize JetPay to ACH debit Merchant's account for the total invoiced amount due on the fifth day of the month following the period of service. Net Settlement merchants authorize JetPay to offset their ACH credit on the fifth day of the month following period of service for the total invoiced amount due. 12. Account Monitoring. Merchant acknowledges that Bank or JetPay will monitor Merchant's daily credit card transaction activity. Merchant agrees that Bank or JetPay may upon reasonable grounds, divert the disbursement of Merchant's funds and/or temporarily suspend processing under this Agreement and/or terminate this Agreement, and Bank or JetPay shall provide Merchant with a reasonable amount of advance notice prior to taking such action. Notice will be sent via email to Brazos County's designated personnel. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual transaction activity; material variance in the nature of Merchant's business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Agreement; Merchant does not authorize transactions; Bank or JetPay receives excessive retrieval requests against Merchant's prior activity; excessive chargebacks S E . --a9-L Pg. 23 are debited against Merchant's prior activity. If the Merchant's funds are diverted by Bank or JetPay or Bank or JetPay has temporarily suspended processing under this Agreement, such diversion or suspension shall be for any reasonable period of time required by Bank or JetPay to fully investigate Merchant's account activity and resolve, to Bank or JetPay's sole satisfaction, the subject questionable, suspect or fraudulent transactions or activity of Merchant. Any funds diverted shall be maintained by Bank or JetPay in a non -interest bearing account at Bank or JetPay. Bank or JetPay shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any reasonable diversion of funds, suspension of processing or termination of this Agreement by Bank or JetPay pursuant to this paragraph. Notwithstanding anything to the contrary in this Agreement, JetPay shall reimburse Merchants for any banking fees and/or loss of interest that are Incurred due to JetPay's or its subcontractor's error in the clearing and settlement of any credit card and a -check payments. 13. Equipment. in processing Transactions, Merchant shall use only equipment or software programs provided or approved by JetPay ("equipment") and the following additional terms: (a) The equipment shall be suitable for processing the Services; (b) Merchant will provide, at Merchant's expense, suitable electric power and telephone services and will pay for any alterations to Merchant's premises required to properly locate Merchant's equipment; (c) If Merchant is using equipment, Merchant acknowledges receipt of a copy of the equipment User's Guide. Merchant will use and operate the equipment only in accordance with the equipment User's Guide; and (d) Bank or JetPay will have no liability to Merchant if any installation is delayed or cannot be completed. JetPay will not have liability to Merchant if any installation is delayed or cannot be completed for reasons not caused by the act or neglect of JetPay. At no time will JetPay liability exceed the amount of fees collected or reasonably expected to be collected from merchant for this delay period. 14. Documenting. Transactions. Merchant shall submit the following information to JetPay and Bank or their designee in connection with Transaction processing: (a) The DBA name of Merchant (if any), name of Merchant and Merchant's address; (b) Merchant's customer service telephone number; (c) Merchant's Internet address (if applicable); (d) The Merchant Number assigned to Merchant by Bank; (e) The name, address and telephone number of Cardholder; (f) Additional information as may from time to time be required by Bank and/or the relevant Issuer, and (g) Any other information that may be required to identify and reverse a transaction. 6 VOL3 9 1 Pg. 24 Merchant shall not submit a Transaction to Bank or JetPay (electronically or otherwise) until Merchant has performed its obligations to the Cardholder in connection with the Transaction or obtained Cardholder's consent for a Pre -Authorized Recurring Order Transaction. Merchant shall not transmit any Transaction to Bank that Merchant knows or should have known to be fraudulent or not authorized by the Cardholder. Merchant is responsible for its employees' actions. Merchant may transmit a Transaction that effects a prepayment of services or full prepayment of custom -ordered merchandise, manufactured to a Cardholder's specifications, if Merchant advises Cardholder of the immediate billing at the time of the Transaction and within time limits established by the Associations. 15. Authorization for Transactions. Merchant shall obtain Authorization for Transactions as follows: 15.1 Electronically Transmitted Transaction. Merchant shall submit each Normal Transaction for Authorization to the Authorization Center using the equipment. The Authorization Center shall authorize or decline a Normal Transaction transmitted for Authorization and shall capture and process for Merchant the information relating to the Normal Transaction. If equipment is inoperable at the time of an Authorization request, the Transaction may be authorized by using the appropriate dial -up facility. In that case, the Transaction shall be entered as a Forced Sale Transaction, provided the approval number is also entered, and Merchant shall be subject to an additional voice or audio response unit "ARU" Authorization Fee as outlined on Exhibit A to the Merchant Application and Agreement. 15.2 Full Recourse Transactions. The following additional requirements apply to Full Recourse Transactions: (a) All Full Recourse Transactions are at Merchant's risk. As to each Full Recourse Transaction, Merchant warrants to Bank and JetPay that the person whose name is submitted to Bank and JetPay as Cardholder either made or authorized another to make the purchase. Upon breach of this warranty, Bank or JetPay may charge back the Transaction to Merchant. If Bank or JetPay charges back the Transaction to Merchant: (i) Merchant shall pay Bank and/or JetPay the amount of the Transaction, any Chargeback fee set forth on Exhibit A to the Merchant Application and Agreement, ,plus any Card Association fine or assessment; and (ii) Bank or JetPay may charge all such amounts to the Operating Account or Reserve Account without prior notice to Merchant; (b) All Full Recourse Transactions must be electronically authorized through the Authorization Center and, in addition to the information required in Section 14 of this Agreement, each such request for Authorization also shall include: (i) an Authorization code, if required; (ii) the Cardholder's address and Address Verification results; and (iii) in lieu of the Cardholder's signature, a notation of (A) mail order (MO), (B) telephone order (TO), (C) e-commerce order (EO), or (D) pre -authorized order (PO) on the signature line; (c) If Merchant accepts a Pre -Authorized Recurring Order Transaction, the Cardholder shall execute and deliver to Merchant a written request for this pre- Flol. __� Pg. F25 authorization. This written request shall be maintained by Merchant and made available upon request to JetPay and/or Bank. All annual billings must be reaffirmed at least once each year. Merchant shall not deliver goods or perform services covered by a pre authorization order after receiving notification from the Cardholder that the pre -authorization is canceled or from Bank that the Card covering the pre - authorization is not to be honored; and (d) Merchant shall verify Cardholder's address from the Association network. lb. Prohibited Transactions. Merchant shall comply with all bylaws, rules, regulations, policies, and/or guidelines of the Card Associations and any Issuer whose Cards are used to process Transactions in accordance with this Agreement. Additionally, Merchant shall not do any of the following with respect to any Transaction: (a) Obtain multiple Authorizations for amounts less than the total sale amount; (b) Obtain Authorization for purposes of setting aside Cardholder's credit line for use in future sales; (c) Extend credit for or defer the time of payment of the total cash price in any Transaction; (d) Honor a Card except in a Transaction where a total cash price is due and payable; (e) Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Transaction; (f) Transmit or accept for payment any Transaction that was not originated directly between merchant and a Cardholder as a donation or for the sale or lease of goods or the performance of services of the type indicated in the Merchant Application form to which this Agreement is attached; (g) Intentionally Omitted- (h) Use Merchant's own Card, or one to which Merchant has access, to process a Transaction for the purpose of obtaining credit for Merchant's own benefit; (i) Redeposit a previously charged Transaction, regardless of whether the Cardholder consents; 0) initiate a Transaction credit without a balance in the Operating Account equal to the credit; (k) Use the equipment or any data received thereon for any other purpose other than for determining whether or not Merchant should accept checks or Cards in connection with a current sale or lease of goods or services; (1) Use the equipment or any data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; (m)Draw or convey any inference concerning a person's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card or check is processed as non -accepted; (n) Disclose any information obtained through the equipment to any person except for necessary disclosures to affected Cardholders, Bank and/or the Issuer; (o) Add any tax to Transactions unless applicable law expressly requires that Merchant be permitted to impose a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; (p) Disburse funds in the form of travelers checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; (q) Disburse funds in the form of cash; (r) Accept a Card to collect or refinance an existing debt; (s) Issue a transaction credit in respect of goods or services acquired in a cash transaction which are returned; or (t) Make any cash refund to a Cardholder who has made a purchase with a Card, unless no other remedy is available. All transaction credits will be issued to the same Card account number as the sale to the extent feasible. (u) Merchant may not accept a Card for an unlawful Internet gambling transaction. Merchant will pay all Card Association fines, fees, penalties and all other assessments or indebtedness levied by Card Associations and/or regulatory agencies to Bank, which are attributable, at the Bank's discretion, to Merchant's transaction processing or business. 17. Prohibition of Furnishing Account Information. Merchant shall not, without the Cardholder's consent, sell, purchase, provide or exchange Card account number information in the form of Transaction documents, carbon copies of imprinted Transaction documents, mailing lists, tapes, journal rolls or other media obtained by reason of a Card to any third party. 18. Daily Reconciliation of Transactions. 18.1 Electronically Transmitted Transactions. Transactions will be settled on a daily basis when applicable. (Excluding Sundays and holidays) Bank and/or JetPay shall deliver payment to Merchant within forty-eight (48) hours provided bank and/or JetPay receives funds from the card associations by a credit to the Operating Account of the merchant. For Net Settlement merchants, this credit will be reduced, if necessary, by: (i) the sum of all Cardholder charges denied, refused or charged back; (ii) all refunds processed on account of Cardholders during said time period; (iii) the fees and charges, including Chargebacks, Merchant owes Bank or JetPay hereunder; (iv) all taxes, penalties, charges and other items incurred by Bank that are reimbursable pursuant to this Agreement; and (v) all applicable rates, fees and charges described on Exhibit A to the Merchant Application and Agreement. For Gross Settlement merchants, each of the items (i) through (v) listed in the preceding sentence may be paid to Bank or JetPay through an ACH debit to the designated Merchant Operating Account. 18.2 Reconciliation of Transactions. Merchant shall reconcile each settled Transaction within fifteen (15) days after. the date on which such Transaction is submitted to Bank for Vol. 391 Pg. 2 r payment, and shall notify Bank and JetPay immediately in writing of any discrepancies or errors Merchant notes as a result of such reconciliation. In any case, Bank and/or JetPay are not responsible for any downgrades assessed in merchant fees (if Merchant is absorbing transaction fee). When asked, JetPay will work with Merchant to help transactions qualify at their best rate. Neither Bank nor JetPay shall have any responsibility or liability for Transaction -related errors or omissions that are brought to their attention more than thirty (30) days after the date on which the Transaction to which such error or omission relates is first presented to Bank for settlement. 18.3 Provisional Credit. Any credits to the Operating Account are provisional only and subject to revocation by Bank until such time that the Transaction is final and no longer subject to Chargeback by the Issuer, Cardholder or Associations. Bank may withhold payment for a Transaction to Merchant, for any reason, until such time as the Transaction has been verified as legitimate by the relevant Issuer or Bank and/or JetPay receive adequate supporting documentation from Merchant to authenticate the Transaction and mitigate Chargeback risk. 19. Adjustments and Returns. Merchant will maintain a fair exchange and return policy and make adjustments with respect to goods and services sold and/or leased to its customers whenever appropriate. If goods are returned, or services are terminated or canceled, or any price is adjusted, Merchant will prepare and transmit a credit or return Transaction, either electronically or by paper, for the amount of the adjustment as a deduction from the total amount of Transactions transmitted that day. If the amount of credit or return Transactions exceeds the amount of sales Transactions, Merchant shall pay Bank the excess. Merchant shall make no cash refunds on Transactions and shall handle all credit adjustments as provided in this Section 19. If no refund or return will be given, Cardholder must be advised in writing that the sale is a "final sale" and "no returns" are permitted at the time of the Transaction. Cardholder also must be advised in writing of any policy of Merchant that provides for no -cash refunds and in-store credit only. Merchant shall follow Association reservation/no-show policies. Merchant shall notify Cardholders in writing of this policy on all advance reservations. Merchant also shall notify Cardholders at the time of the reservation of the exact number of days required for reservation deposit refunds. 20. Chargebacks. The acceptance by Bank or JetPay of any Transaction processed in accordance with the terms of this Agreement shall be with full recourse to Merchant. If Merchant disagrees with Bank's or JetPay's decision to charge back a Transaction, Merchant must so notify Bank and JetPay in writing within ten (10) days of the Chargeback, and provide documentation that the dispute has been resolved to Cardholder's satisfaction or proof that a credit has been issued. Without limiting the generality of any other provision of this Agreement, and solely to the extent permitted by law applicable to Merchant, if Bank or JetPay, if JetPay has indemnified Bank, takes legal action against Merchant for any Chargebacks or any amounts due Bank or JetPay bercunder, Merchant shall pay the costs and attorneys' fees incurred by Bank and/or JetPay, whether suit is commenced or not. 10 28 21. Merchant Statement. If Merchant is absorbing the transaction fees under this Agreement, at least once per month, Bank or JetPay shall provide Merchant with a statement online (the "Merchant Statement"). Brazos County will be passing the transaction fee, and as such, the only fees, if any, that will be invoiced to the County will be for charge -back transactions. All information appearing on the Merchant Statement shall be deemed accurate and affirmed by Merchant unless Merchant objects by written notice specifying the particular item in dispute within thirty (34) days of the date of the Merchant Statement. 22. Retention of Original Sales Information. Merchant shall retain the information required by Sections 14 and 15 for seven (7) years from the date of the Transaction. At the request of Bank, Merchant shall provide such information to Bank or JetPay, as directed by Bank or JetPay, within five (5) days of receipt of a request from Bank or JetPay. Failure to meet such timeframe or non -delivery of any item or delivery of an illegible copy of an item requested by an Issuer shall constitute a waiver by Merchant of any claims and may result in an irrevocable Chargeback for the full amount of the Transaction. 23. Recovery of Cards. Merchant will use its best efforts to reasonably and peaceably recover and retain any Card for which Merchant receives notification of cancellation, restrictions, theft or counterfeiting. This notice may be given: (i) electronically through the equipment; (H) by the Authorization Center through any means; or (iii) by listing on any canceled Card or restricted Card list. Merchant shall also take reasonable steps to recover a Card which it has reasonable grounds to believe is counterfeit, fraudulent or stolen. 24. Customer Complaints. Merchant shall respond promptly to inquiries from Cardholders and shall resolve any disputes amicably. If unresolved disputes occur with a frequency unacceptable to Bank or JctPay, Bank and JetPay may terminate this Agreement. Bank and JetPay reserve the right to charge Merchant reasonable fees and reimbursement on an account of excessive Cardholder inquiries, refunds or Chargebacks. Merchant agrees to maintain the following information in writing with respect to each claim or defense asserted by a Cardholder for which Merchant has received notice: (a) The Cardholder's name; (b) The Card's last 4 digits account number; (c) The date and time the Cardholder asserted the claim or defense; (d) The nature of the claim or defense; and (e) The action that Merchant took in an attempt to resolve the dispute. Upon request, Merchant shall furnish Bank and JetPay with this information in writing within ten (10) days. 25. Confidentiality. Merchant shall treat all information received in connection with this Agreement as confidential to the extent permitted by law. 11 VOL 391_ Pg. 29 26. Associations' and Issuers' Requirements. Merchant shall comply with all bylaws, rules, regulations, policies and/or guidelines of the Card Associations and any Issuer whose Cards are used to process Transactions in accordance with this Agreement. Merchant will display prominently at its place of business Approved Card Associations emblems and other promotional material and literature provided by Bank and JetPay directly or through JetPay. Subject to the prior written consent of Bank and/or JetPay and upon such conditions as authorized by Bank or JetPay, Merchant may use Card service marks or design marks in its own advertisement and promotional materials. 27. Compliance with Applicable Law. Merchant represents and warrants that it has obtained all necessary regulatory approvals, certificates and licenses to sell any product or provide any service it intends to offer, and that it is in compliance with the Telephone Disclosure and Dispute Resolution Act and the regulations of the Federal Trade Commission and the Federal Communications Commission. Merchant shall comply with all present and future federal, state and local laws and regulations pertaining to Transactions, including, without limitation, the Federal Fair Credit Reporting Act, the Federal Truth -in -Lending Act, the Electronic Fund Transfers Act and the Federal Equal Credit Opportunity Act, as amended. 28. Taxes. Each party hereto shall report its income and pay its own taxes to any applicable jurisdiction, if applicable. If Bank or JetPay are required to pay any taxes, interests, fines or penalties owed by Merchant, said amount shall become immediately due and payable by Merchant to Bank or JetPay. If excise, sale or use taxes are imposed on the Transactions, Merchant shall be responsible for the collection and payment thereof. Bank or JetPay shall be entitled to recover of any of said taxes paid by it on behalf of Merchant from Merchant immediately after payment. 29. Limitation of Liability. In addition to all other limitations on the liability of Bank and JetPay contained in this Agreement, neither Bank nor JetPay shall be liable to Merchant or Merchant's customers or any other person for any of the following: (a) Any loss or liability resulting from the denial of credit to any person or Merchant's retention of any Card or any attempt to do so; (b) Any loss caused by a Transaction downgrade resulting from defective or faulty equipment regardless if owned by Bank, JetPay or Merchant; (c) The unavailability of Services caused by the termination of contracts with computer hardware vendors, processors or installers, whether terminated by Bank, JetPay or any other person for any reason; or (d) Interruption or termination of any Services caused by any reason except for failure of JetPay to repair or replace equipment at Merchant's expense. At no time will JetPay's liability exceed the amount of fees collected or reasonably expected to be collected from merchant for this delay period. NEITHER BANK NOR JETPAY SHALL BE LIABLE FOR ANY LOST PROFITS, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES TO MERCHANT OR t2 Vol. Pg.� TO ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE SERVICES TO BE PERFORMED BY BANK OR JETPAY PURSUANT TO THIS AGREEMENT. MERCHANT ACKNOWLEDGES THAT BANK HAS PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY EQUIPMENT AND THAT BANK HAS NO LIABILITY WITH RESPECT TO ANY EQUIPMENT. BANK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES IT PROVIDES HEREUNDER. SHOULD THERE BE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM BANKS OR JETPAY'S PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, BANK'S AND JETPAY'S LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF COMMERCIALLY REASONABLE OR SUPPLYING SUCH OMISSIONS IN THE WORK PRODUCT IN WHICH THEY HAVE OCCURRED. 30. Limitation on Damages. In no case shall Merchant be entitled to recover damages from JetPay or Bank that exceed the fees retained by Bank and JetPay pursuant to this Agreement during the three month period immediately prior to the event giving rise to the claim for damages. 31. Indemnification. JetPay acknowledges that Brazos County may as a Political subdivision have governmental immunity against any indemnification and/or liabilities. JetPay further acknowledges that by executing this agreement, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, it's commissioners, officers, employees or authorized representatives. To the extent permitted by laws applicable to Merchant, Merchant agrees to indemnify and hold Bank and JetPay harmless from any and all losses, claims, damages, liabilities and expenses, including attorneys' fees and costs (whether or not an attorney is an employee of Bank or Bank's affiliates, JetPay or affiliates of JetPay) arising out of any of the following; (a) Merchant's failure to comply with this Agreement; (b) Any act or omission of Merchant; (c) Merchant's failure to comply with the equipment's User's Guide; (d) Merchant's failure to comply with any bylaw, rule, regulation, guideline or policy of any Association or Issuer; (e) Merchant's failure to comply with any applicable law, rule or regulation; (f) Any dispute concerning the quality, condition or delivery of any merchandise or the quality of performance of any service; (g) The fraud or dishonesty of Merchant or Merchant's employees, licensees, successors, agents and/or assigns; (h) Merchant's selection of an Internet service provider or other telecommunication services provider; (i) The theft of or damage or destruction to any equipment; or 13 'Vol. 391 P9 31 0) Full Recourse Transactions, unauthorized Transactions and prohibited Transactions. 32. Credit Investigation and Bank Auditing. Bank or JetPay may audit, from time to time, Merchant's compliance with the terms of this Agreement. Merchant shall provide all information requested by Bank and JetPay to complete the audit. Merchant authorizes parties contacted by Bank or JetPay to release the credit information requested by Bank or JetPay, and Merchant agrees to provide Bank and JetPay a separate authorization for release of credit information, if requested. Unless required by a legal, regulatory or other similar entity, the Bank and JetPay shall not conduct onsite audits of the Merchant. 33. Termination. The Merchant shall remain liable for any fees or chargebacks incurred after termination or expiration of this Agreement, if such fees or chargebacks are based on transactions that occurred before such termination or expiration. Merchant shall keep its Operating Account open for a minimum of one hundred eighty (180) days after termination or expiration of this Agreement for the settlement of such fees or cbargebacks. 33.1 Termination of Agreement by Bank and JetPay. Bank or 3etpay may terminate this Agreement upon at least thirty (30) days' prior written notice to the other parties. In addition, Bank or JetPay may terminate this Agreement without notice to Merchant under any of the below listed circumstances. Any such notice of termination by Bank is effective upon delivery if personally delivered, upon confirmation of transmission if sent by facsimile transmission, upon the third business day after mailing if sent by registered or certified mail, and upon receipt if sent by reputable courier. (a) Intentionally Omitted; (b) Any act of fraud or dishonesty is committed by Merchant, its employees and/or agents, or JETPAY or Bank believes in good faith that Merchant, its employees and/or agents have committed, are committing or are planning to commit any acts of fraud or misrepresentation; (c) Chargebacks are excessive in the opinion of Bank; (d) Breach of this Agreement by Merchant; (e) Any representation or warranty made by Merchant in this Agreement is not true and correct; (f) Merchant files a petition under any bankruptcy or insolvency law; (g) Merchant fails to maintain sufficient funds in the Operating Account to cover the amounts due to Bank hereunder; (h) Merchant's percentage of error Transactions or retrieval requests is excessive in the opinion of Bank; (i) Any insurance policy obtained by Bank, JETPAY or Merchant relating to Transactions and/or Chargebacks is cancelled or terminated for any reason; 14 Vol. 391 Pg. 0) Merchant fails to maintain PC[ DSS compliance or is not using a compliant Payment Application per card association mandates; (k) Merchant fails to maintain an active policy indicating PCI breach insurance; (1) Intentionally Omitted; (m)JetPay does not or cannot perform its duties under this Agreement and Bank and JetPay determines that it is not feasible to provide to Merchant the Services contemplated by this Agreement. Bank or JetPay is not obligated to provide replacement Services if JetPay does not or cannot perform; or (n) If any circumstances arise regarding Merchant or its business that create harm or loss of goodwill to any Card Association. Bank or JetPay may selectively terminate one or more of Merchant's approved locations without terminating this entire Agreement. In the event of termination, all obligations of Merchant incurred or existing under this Agreement prior to termination shall survive the termination. Merchant's obligations with respect to any Transaction shall be deemed incurred and existing on the transaction date of such Transaction. 33.2 Termination of Agreement by Merchant. Merchant may terminate this Agreement for convenience upon at least thirty (30) days' prior written notice to the other parties. 34 Third -parties & Software Integration. Before using any third -party in the payment process, the Merchant shall request JetPay's approval. Within thirty (30) days after receiving such notice, JetPay may approve or reject for commercially reasonable purposes the usage of the third -party. In the event that the Merchant does not receive a response from JetPay within the thirty (30) day period, JetPay's approval is automatically granted. JetPay may revoke its approval for commercially reasonable purposes with thirty (30) days' notice to the Merchant. Merchant and JetPay will mutually agree upon the method of access and integration of Merchant's software and systems to JetPay's payment processing platform. If acceptable to Merchant, JetPay may provide an installable service package to Merchant that provides middleware services between Merchant's software and customer database to JetPay's processing platform for the purpose of looking up customer information including balance due, account ID, usage history, etc. Payment card data will not be transported by these services at any time. Such service will reside behind Merchant's network security and will provide JetPay access to Merchant's customer database. Merchant will provide JetPay with the appropriate credentials to access these middleware services in real-time to accept and process payments from customers to Merchant. JetPay will use network communication methods that follow Payment Card Industry best practices to communicate with these middleware services. The services installed on Merchant system may be firewalled to only provide access to the necessary services and the Merchant's customer database. The middleware services will only communicate directly with Jetpay's hosted web services 15 3 91 Pg. _3 3 \lot: platform utilizing secure protocols. Jetpay shall be responsible for ensuring security of this service and be responsible for all costs, losses, claims and damages resulting directly from any breach that is due solely to JetPay's gross negligence with these services. 35. Amendments to this Agreement. From time to time Bank or JetPay may amend this Agreement as follows: (a) Amendment to Cards and/or Services. Bank or JetPay may amend or delete Cards or Services listed in Exhibit A to the Merchant Application and Agreement by notifying Merchant in writing of any such amendment. All provisions of this Agreement shall apply to Cards or Services added to this Agreement. Bank and JetPay shall notify Merchant of the fees to be charged for processing the additional Cards and Services. Acceptance by Merchant of a new approved Card as payment for a Transaction or use of a new Service after Bank or JetPay has sent Merchant notice of an amendment shall constitute Merchant's agreement to the amendment and the fees or charges related to these additions. (b) Amendment to Fees and Charges.. From time to time, Bank or JetPay may change all rates, fees and charges set forth on Exhibit A to the Merchant Application subject to the prior approval of Merchant unless Merchant's sales volume or average Transaction amount does not meet Merchant's projections contained in the Merchant Application. Bank or JetPay will provide written notice to Merchant of all such amendments. Bank or JetPay may change the rates, fees and charges without prior written notice if Merchant's sales volume or average Transaction amount does not meet Merchant's projections contained in the Merchant Application form to which this Agreement is attached. If notice is required, Bank or JetPay will give written notice on the Merchant Statement or by sending separate notice by mail. All new rates, fees, and charges will become effective for the month immediately following the month in which the notice appeared on*the Merchant Statement or was sent by mail, unless Merchant terminates this Agreement in accordance with Section 33. (c) Amendments to all other Provisions. Bank or JetPay may amend this Agreement in any manner other than as described in Section 35(a) or 35(b) above simply by providing written notice of such amendment to Merchant, and such amendment shall become effective on the latter of (i) the date on which such written notice is received by Merchant; or (ii) a date specified by Bank or JetPay in such written notice. Any and all amendments to this agreement shall not take effect until each of the parties to this Agreement agree in writing to such amendment(s). 36. Assignment. This Agreement may not be assigned by Merchant without the prior written consent of Bank and JetPay. Bank or JetPay may assign this Agreement. Assignment of this Agreement by Bank shall relieve Bank of any further obligations under this Agreement. 3 16 Vol. OJi Pg. 34 37. Financial Accommodations. Bank, JetPay and Merchant intend this Agreement to be construed as a contract to extend financial accommodations for the benefit of Merchant. A Cooperation. In their dealings with one another, each party agrees to act reasonably, in good faith, and to fully cooperate with each other in order to facilitate and accomplish the transactions contemplated hereby. Merchant agrees to allow JetPay to use their name in proposals, brochures, banners, and press releases, which may be used to promote JetPay. 39. Entire Agreement. This Agreement, together with the Merchant Application and Agreement and all exhibits and schedules attached hereto or thereto including Request for Proposal # 18-041 and JetPay's proposal in response to Brazos County RFP # 18- 041, supersedes any other agreement, whether written or oral, that may have been made or entered into by any party (or by any officer or officers of any party) relating to the matters covered herein and constitutes the entire agreement of the parties hereto. JetPay agrees that in the event of differing and conflicting terms within what is considered to be the "entire agreement", Brazos County's terms contained in the RFP # 18-041 shall control. 40. Severability. If.any provisions of this Agreement shall be held, or deemed to be, or shall in fact be, inoperative or unenforceable as applied in any particular situation, such circumstance shall not have the effect of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections herein contained shall not affect the remaining portions of this Agreement or any part hereof. 41. Notices. Except for notices provided by Bank or JetPay to Merchant on the Merchant Statement, all notices, requests, demands or other instruments which may or are required to be given by any party hereunder shall be in writing and each shall be deemed to have been properly given when (i) served personally on an officer of the party to whom such notice is to be given, (ii) upon expiration of a period of three (3) Business Days from and after the date of mailing thereof when mailed postage prepaid by registered or certified mail, requesting return receipt, or (iii) upon delivery by a nationally recognized overnight delivery service, addressed as follows: If to BANK: Address listed on Acquirer Discloser With a Copy to: JETPAY If to JETPAY: JETPAY: ATTN: Christopher F. Battel 316 S. Baylen Street, Suite 590 17 Vol. 391 Pg. 3 5 Pensacola, FL 32502 If to MERCHANT: Address listed on Merchant Application Any party may change the address to which subsequent notices are to be sent by notice to the others given as previously mentioned. 42. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas and Brazos County, without regard to internal principles of conflict of laws, and federal law. 43. Captions. Captions in this Agreement are for convenience of reference only and are not to be considered as defining or limiting in any way the scope or intent of the provisions of this Agreement. 44. No Waiver. Any delay, waiver or omission by Bank or JetPay to exercise any right or power arising from any breach or default of the other party in any of the terms, provisions or covenants of this Agreement shall not be construed to be a waiver of any subsequent breach or default of the some or any other terms, provisions or covenants on the part of the other party. All remedies afforded by this Agreement for a breach hereof shall be cumulative. 45. Force Majeure. The parties shall be excused from performing any of their respective obligations under this Agreement which are prevented or delayed by any occurrence not within their respective control including but not limited to strikes or other labor matters, destruction of or damage to any building, natural disasters, accidents, riots or any regulation, rule, law, ordinance or order of any federal, state or local government authority. 46. ACH Processing. When requested by Merchant, JetPay will also provide ACH processing services at the rates specified in Exhibit A. Merchant agrees that information supplied in this application may be used to establish a separate ACH account. If this service is requested, Merchant understands that a personal credit review may be deemed necessary and authorizes such an action. Merchant agrees that Bank and JetPay may deduct processing fees from the Operating Account or Reserve Account on a.daffy basis unless a monthly basis is specified on Exhibit A. Merchant also agrees to pay Bank or JetPay the amount of any fees, charges or penalties assessed against Bank or JetPay. Merchant agrees to abide by all National Automated Clearing House Association (NACHA) rules and regulations governing ACH processing and use of their networks. 47. Honoring Cards. Merchant will accept all valid Cards when property presented by Cardholders in payment for goods or services, subject to American Express, Visa, MasterCard and/or Discover Network rules and/or regulations requiring Merchant to elect whether it will 18 Vol. 391 pg. 36 accept credit only, debit only or both debit and credit Cards. Merchant may not (i) indicate or imply that the Card Associations endorses any Merchant goods or services, (ii) refer to a Card Association in stating eligibility for Merchant's products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association for any purpose other than those permitted in the Card Association Operating Rules. 48. Important Merchant Responsibilities. (a) Ensure compliance with payment card industry data security standard (PC] DSS) requirements. (b) Maintain fraud and chargebacks below Card Association thresholds. (c) Maintain an active data breach insurance policy with at least fifty thousand dollars ($50,000) in coverage per incident. (d) Review and understand the terms of the Merchant Agreement. (e) Comply with all Card Association Operating Rules. (f) Review the JetPay web site for changes in rules, regulations and or rates. Follow all card acceptance procedures. (g) The responsibilities listed above do not supersede the terms and conditions of this Merchant Agreement, and are provided to ensure the Merchant understands their important obligations. The Card Associations are the ultimate authority whereas the Merchant must operate within the card acceptance procedures. Any questions should be directed in writing to JetPay 49. Incorporation of JetPay Proposal Merchant's Request for Proposal 18-041 and JetPay's proposal response to RFP # 18-041 is hereby incorporated by reference to the terms and conditions of this Agreement. 37 19 Vol. .._ Pg. s.- — `�'-�-�- Form 1• • -9 (Rev. August 2013) OepRTeasury internenttoftheorvics Name (as shown on your Request for Taxpayer Give Form to the end t to th Identification Number and Certification s�t,°onot send e IRS. Bustness nemeldisregarded entity name. if di femnt from above m Check appropriate box for federal tax classification: Exemptions (sea Instructions); ❑ Individuallsole, proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusUestate WE Exempt payee code (if arty) �i ❑ Umlted Iiability company, Enter the tax classification (CaC corporation, SeS corporation, Pmpannershtp) Exemption from FATCA reporting G code (if any) d❑ Other (we Instructions) • Address (number, street and apt. or suite no.) Requestees name and address (optional) a City, state, and ZIP code A List account number(s) here (optional) Taxpayer Identification Number T Entar your TIN In the appropriate box, The TIN provided must match the name given on the'Name' line to avoid backup withholding. For Individuals, this Is your social security number (SSN). However, for a resident alien, sale proprietor, or disregarded entity, see the Part 1 InMetbons on page 3. For other entities. It is your employer identification number (EIN). If you do not have a number, see Now to get a TiN on page 3. Note. It the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this forrn (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your lax retum. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property. cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions an page 3. arl He e I Signature pemans, Date General Instructions Section references are to the internal Revenue Code unrese otherwise noted, Future developments. The IRS has created a page on IRS.gov for Informatrmt about Form W-9, at wwwdre,govAv9. Information about any future developments effecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an Information realm with the IRS must obtain your correct taxpayer identification number (TIN) to report for example. Income paid to you, payments made to you In settlement of payment card and third party network transactions, real estate transactions, mortgage Interest you paid, acqulsillon or abandonment of secured properly, cancellation of debt, or contributions you made to an IRA. Una Form W-9 only if you are a U.S. person (including a resident alien), to pravldo your correct TIN to the person requesting It (the sequester) and, when applicable, to: 1. Comfy that the TiN you are giving Is correct (or you aka wading for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from bad*up w0110146tg It you ado a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. ride or business Is not subject to the withholding tax an foreign partners' Share of effecvety connected income, and 4. Codify (hat FATCA oode(s) entered on this form Of any) indicating that you are exempt from the FATCA reporting, Is correct. Note, If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TiN. you must use the requesters form It It Is substantially similar to this Farm W9. DeAnWon of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who Is a U.S. citizen or U.S. resident alien, - A partnership. corporation. company, or aeaouxatlon erected of organized In the United States or under the taws of the United States, - An estate (other than a foreign estate), or • A domestic truest (as defined in Regulations section 301.7701-4 Special rules for partnerahtpe. Pan MAIps that conduct o bade or business IN the United States are generally required to pay a withholding tax under secton 1446 on any foreign parinere' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W9 has not been raoelved. the toles under section 1440 require a partnership to presume Owl a partner Is a foreign person, and pay the section 1440 withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the pamerft to establish your U.S. status and avoid section 144e withholding on your share of partnership income. Cot. No.102�- I . ;I of . P g F{xm W-s (Rev. 6.2013) jeepavg� Merchant Appiication &Agreement { isomowl: ;0a .. t:O,ncr: Sr:'es Ai-wri: Nrimo ; IDa 8011 :AGE N15,MUSr dtlCsupt tntU ID IN Merchant Name (08A or trade) Hf.17os counh' Location ACCIlOss Address l: DBA Plione Number. Company webs -lie; + bfCtl: E Citidr IOR flit APrt/CA.ryaN. Legal Name (if diltereni) Legal Address AddAe%s 1: 3361 lloyinUton N.. Ste. 180 Crnrofrlan. iX 75006 11iulne: 1-877-4 JEi PAY Main t a5: (866) 37t?b97.4 Tax ID: Cily: S:nln: lip Corte: N(vnit: to AtIJ),'.¢•r an Cracinolde! Stafomew: Phortn a 10 t) )et•r o•I Cc:nhoktat Stolacrlant lit MQIIQ}! Contacto_..•iCharOei)aess f•10111e: Andress: 1:-r11di: i ilonc: ro.: Gity: State: lip; Business Type: ©inlr viv J r/Sea» i rcfr%c:ar []Ccfpo ottort Qrl!vot . 0140n.PluFf [1PG Ir+of$K:;0.I.0 iSl(jtn_ ,,; [3r'ulACl; Tlcdi!d (] Govansm,lnl 1? o1 Employees: _ Avorag,� liu:e: Anlounl HlLihCrsr Ilcl:el Amount j 7suntitiy AXP/V$/:.+CH)15C N.1%•rots. vote:ntr S not 1)n'tY Irrlfl%aCllorn: DausthistocaaonCum;nityfas.,:nreCslr.Ar:L:Y.P?c"SS/VlSn/t AS1ERCnRD7riISCpvjRr:uhrglla Yes H.) R,;rnonloffrtliinU: lics thr_ tderchcnd eVilf thP.-TI Iemvnufl:n Icons aeCeptitig cards to: nny bmintas: Yes tiO a -tC5' ptGase u,plo;n: =Yew in Business' Nos b:vrcnc:n: t;v.Tr 111ftd iscnsrup �0 tiles :.o BusinessBwlkruplcr o a a if ye S. Pteas;> ? lovid•: ,: r ptantlti4rt: Name is p.p rr.yle n!aaeni Title 1: Address Line 1: Address Line -�---- City: StCit•%' Zip:� COur11:y:M �_ ^_ Cell?hone: E•mcd Address: t•:am•� ti• lisle 2: Address t.intk 1: ACidr'3,.s Lim-, 2; r liy: r _�StaiL: lips COUlltty; Ceil P rsone E•:nCilAddcCSS: ____ American Express: EXISTING ACCOUNTS; II you rurrenlly accupf AXP paynsent%, and yota AXP volurn,) is itiotn- lhas).SIM. t unnunlly, you rued submit your t.,xislinq A91111. Please Suhnut your cutlent SI-p on<I we %Nirl convey this to Ah%[X, Existing AXP SEn: NEW ACCOUNTS: it you rlo +tql ,:ulrunthy Occepl AXP payments, anrd Your annual volurttu is less lhan S uAt,e, V•'J; %vie nssl6 it you art AXP t lot tlsr, OCCOunt W you COO stall accepting AY.P poyrnunh, It you dq tint Cun+VII!Y havv an AXPd, and yalft annuci volutitc is Tool'? thou S i-MM we vAJ contact AXP on your bl;hsstl. In tilt event your vatunvz oactliltis nta:o Ikon S Iha.t ttmuon•;. you nlay u,: nlovvct d! rttcr¢r to AM Qpl all) of AXP gttf3r3 anci f'romollom'.11 you do not :.isn to locelve Muir? all!..ts or p.,Omofio:l1 of %,XP piMfuris or SCIvict,:S Uorn AXr' via oflF:s,: of Dome tnearts (LVCh as licoMonot malt and telf;ptsopU), please Contact cuturnor so+vras V.ith appEeoble kl-w. lot us:o proe ns your Opf•oUi wt1wks; wilail Customer svi-Ace at: rssisISJ -lrso':•cam. Mcrcilanl has the tlttttt tint to ticeept C.'J Card AssoCialloli on:d types. Sgrttt.' 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Cau08tanr i'•'JSftJb' 'LiIPbr?Mau;7hOVt•limunutcbilufl"it TAGa!ttaerndreonInaVITA tsyolanACQlgN ta+AMWIfCV•1 Ei11C11;Wv+.t_Cd1'iaj,%nV:!,cil•1 LllAiot: is 4l On Yplri.ttetl0:, -1.II'e ban; h L,e oort+enr3t apnro+cd to o.ter;e a ccolatunea of Co,O{y,yo•Aa!�n ,PPtlytrldl•c I'J teernorcnU•,l, 7. 11 o knot m1,U herJ W%r4ttMlii a!rMr r0lhq A'e�<nCnlAp!C�nnni, �,tr,a Lunt gtnthanlUmlor ndYcnrr,�memnnnh onvndnnnt7no nnis bsurtnrCadRf 1 ..tin vt+kb Yr`ChnnD r•wIl eOrYrpir• r, fl�o uuel nrolnav w,• ranrul mod woman �e I: glrenl!ee•t1 come i•totm�unt. S. IFa IVIni M1•e+bmnxVo rNalfer.allwah,et+tin. roportortl mvictiont RutporlsiUMICS L EaJcw Ccmaranee vr.A ea,ano 0" 00ra lavvitr and aaape -onainmena n,.Aajtryn ttaya Ontl C!1nlpo::aCt f a+bur Cara O.•panYnlgn lMolroW 1 j, ve;<x JIlia •avertt'urnr tt!r` )e*,•+1 el srw xere+wet Apra•menr, ,•CO•^s>+t ni!n war al cYe1. S. �e!at:0 ipn•d Coo, at Mth d:iebWrn dope. tAerCnr:nt�CsourCL%. N•mo Ica 7,• do:acea iernl loon ee :c.'m r.nkn c•• anocnrr0 ro loll J•PPkaro•J, e ,<Inonfil$tos aaa.0 Oo Itat ,oPtirGe the In!rrll at !rre Hetc�,an: A{t!eo!non! aa0.7a Prp'.t0ea to eawe fnernMr-^ant unaeurarwt ii,poconr oarpcltonlot oocn Pa�Jr orM act nwn•ap•1 ��r Lanih s••a v�.^tc'O aV:: Nilv1'MV�7 r'+e'J.e,Cl\an:orP9l:once am PrCb{orrzf. Page I VIFL0I.e2 4 V.1. r— g. QIR Certification: Name: Nunibuf: Third Party Chafgaback Services: p Main Account p Fee Account Bank Nome 1; Account Name 1:— Account Type I: Routing ;; Account n 1: -- 3361 Boyirrglon Dr.. Ste. 18u CCrtti><Iton, ix iSOQ6 Phu rtiu: 1.877-4J EIPAY 11 hi tan: 1866) 370.69N Merchant Application & Agreement Equipment Information (select any and all that apply): [j Virtual []GoIeveayNorne:_ ._ OSoftware-- Banking Information: Q Main Account E) Fee Account Account Name Account Type 2: Routing tl 2: Acknowledgement and Signature Bank Namn 2: By executing lhi5 r,nerchant Application and Agreernenl on behall of the merchant described above (the "Merchant"), the undttsigned individuat(s): (i) tepresenl(s) and wonanf (s) flint ollintormalion contained in Ihis Merchant Application is true, correct, and complete as of titre date of this Metchanf Application and any tines, losses, or penollics that aiise do 10 in-Ucculalt information will be assessed to the: merchant, and that such individuoi(s) have the requisite corporate power and authority to complete and submit this Merchant Applicalion and Agreement and provide the acknowledgements, authatizalions, and ageemenis set lodh below, both on behalf of the. Merchant and individutilly: (ii) acknowledge(s) shot file information contnined in Ihis Merchant Application is provided for the purpose; of obtaining, pricing, and acceptance for ptocessing or ntaiiiiaining it inerchani account with JEiNAY and Ban►: on behalf of the Metchant; (iii) authorize JETPAY and Bank to inveslkaoje the credit of file Merchant and such person listed on this bletchanl Appltcatfon: and (iv) agree. on behalf of the Merchant and in the even! this Mcichanl application is accepied and executed by Tlarik anci JETPAY, to all of the leans and conditions set forth in the Merchant Agreement. The Merchant and undersigned individuals understand it is :heir responsibility to carefully review the terms and condhionsof the merchant agreement, see allachment, and the Card Associations Operating Rules, which are hereby incorporated by reference. By signing below, you acknowledge that you have read, understood and agree to those terms and conditions and that you agree to accept electronic notification of any changes to those terms and conditions as updaled Iron time to lime: at fht3 Jefty WEB address for merchant tetras lislecl above, If the moichow is o corparalion, its proper Corporate Officers must sign. Ihis Agn:ement maybe signed by one or Mole cotrnterpatts atld all Signed agreamenis stlatl be considen:;d os one, below and by signing below stolo they are valid signers lot such cot potation. Merchant Principal i Signature of officer/C • , , ice. s. ... .. _ ..�4. '. .^.. Merchant Principal 2 Signature of oliicet/Owner: Bank Signature and Je1Pay Signature an Date title: Date ze Dat d title: i �t 40 Vol. Q I pg. iLl Exhibit A Boarding Set Up 1. CIS SYSTEM UTILIZED: 2. WES MODULE UTILIZED 3. IVR SYSTEM UTILIZED: 4. POS SYSTEM UTILIZED: S. POS DEVICES UTILIZED: 6. Merchant Category Code: 7. FEES: Set Up Fees $0.00 FIXED Recurring Fees (monthlylannual) $0.00 Accepting Credit and Debit Cards Transactional Fees 2.00% + $0.25 per transaction 'Fees to be paid by Paver Accepting eChecks Transactional Fees $0.50 here -Check 'Fees to be paid by Paver Re -presentment count Terminals for Point of Sale Up to 55 Pax S300 or S500 EVM Readers are included at no cost during the Term of this Contract including all extenslon periods. In addition, JetPay shot) be responsible for the maintenance and replacement of any defective or inoperable EMV reader during the Term of this Contract: Miscellaneous Fees Charge -backs (credit cards) $10.00 Paid by CLIENT NSF (R0l) a -Check Returns $20.00 Paid by PAYER Vol. 3 9 Pg. �,�N - XNA Q ire 75", Exhibit B JetPay's Software Integration Plan for Brazos County JetPay's plan for integration with customer information and other software systems includes setting up an organizational meetings) between the appropriate technical staff of letpay, the County and any third party software system. The primary agenda items of the organizational meeting include identifying the overall system requirements in consideration of the County's desired end customer experience and PCI scope. The County determines the user interface(s) that the end customer is on during the entire session —just one user interface (fully hosted) or customer starts on one user Interface then is re -directed to JetPay when payment information is entered (re -direct). As such, the County must clearly direct any third party software system and JetPay how it requires payment processing to occur. For bill -pay payment types (court fines, property tax, DMV, etc.), JetPay recommends a fully hosted solution to maintain uniformity of the customer experience, and because JetPay is in complete control of the development schedule. Alternatively, if the County prefers a third party user interface for specific payment types, then JetPay recommends the payment re -direct integration in which the customer is re -directed with the shopping cart information to 1ei.Pay's payment pages when payment information is entered. Under a fully hosted integration, all activity associated with accepting/submitting a payment is on JeWay's web pages/user interface and servers. The customer starts on the County's website and clicks on a button, i.e. Pay Bill, where the customer is then directed to JeWay's fully hosted user interface to select the account(s) to put in the shopping cart and to make a payment, All payment information is solely on JetPay's screens which limits the PCI scope and risk of the County. To support a fully hosted integration, JetPay will develop an interface to your or a third -party vendor's software. JetPay prefers to utilize real-time web service calls using a REST API to the system that holds the customer information. Alternatively, if no API is available, JetPay will then work with County IT to create an automated file import/export process via SFTP.1eWay imports a file into our system to support account validation and real-time payment authorization. JetPay creates an export file that can use an automated process, oil a time interval acceptable to the County, to post back all transaction data to the County's systems. Under the Fully Hosted integration, JetPay is in complete control of the development schedule, and can ensure that the boarding process will be conducted within our established timeframe. Further, JetPay is responsible for all of the cost of developing this integration. Under a payment re -direct integration, the County or a third -party software vendor develops the interface to JetPay's processing platform. The customer remains on the County's user interface until payment information is entered, at which point, they are re -directed to JetPay's user interface and servers to complete the transaction. This integration also limits the County's PCI risk by maintaining all customer payment data and banking information on JetPay's user interface and servers, The payment is processed in real-time on JeWay's user interface and then upon successful completion of the payment transaction, the customer is re-dirocted back to the third party software system or County's website. Under the payment re -direct integration, JetPay will collaborate with the County or third -party software partner on developing the interface using JetPay's API. JetPay supports a REST API (https: jstag a.coIlectorsolutions.com/ma,ic•a�) which provides documentation, definitions, code samples, and an efficient interface to more easily and efficiently integrate to the Magic platform. JetPay uses the Swagger.io framework (ham(stage.collectorsolutions.cnm/rna nir--apifstngt,rr/ui/index) which aides developers to easily get started with the Magic REST API. To support third party software systems that are developing the interface to JetPay, JetPay commits to provide the appropriate AN functionality, clear documentation on how to use the API, and responsive technical supportincluding a dedicated technical resource. 316 S Baylen Dr. Ste 590 ( Pensacola. FL 132502 jetpay:com 46) ar©�. pg. AMENDMENfOF"'18-041 MERCHANT SERVICES The parties to this AGREE TO THE AMENDMENT to Contract 18-441 ("Amendmenf) are Brazos County, a political subdivision of the State of Texas and JetPay Payment Services. FL, LLC, now known as NCR Payment Solutions, FL, LLC (Vendor"). WHEREAS, JetPay Payment Services, LF, LLC has changed its legal business name to "NCR Payment Solutions, FL, LLC" 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: 1. 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 "NCR Payment Solutions, FL, LLC;' EXECUTED this 1!2 day of Q� MW , 20 q.Q("Effective Date") BRAZ a politic subdivision, . S to of Texas: By: Duane eters, County Judge VEND6R' NCR Payment Solutions, FL, LLC By:s.n . Name: /CK tar/C)J% Title:A/Arrra Vol. Pg. 4 3 Delaware Pagel The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "JETPAY PAYMENT SERVICES, FL, LLC", CHANGING ITS NAME FROM "JETPAY PAYMENT SERVICES, FL, LLC" TO "NCR PAYMENT SOLUTIONS, FL, LLC", FILED IN THIS OFFICE ON THE FOURTH DAY OF JUNE, A.D. 2019, AT 3:17 O'CLOCK P.M. 5952322 8100 Q •'�'' SR# 20195233428 you may verify this certificate online at corp.delaware.gov/authver.shtmi • .�anrayw,u�aioer.$amaryor,suu.. - Authentication: 202975823 Date: 06-06-19 Vol. 3 9 i State of. Delaware Secretes bf State Dh,Won of CUpdratEons DdWered 03:17 Phi 0610U2019 FILED 0117 F.W106f0412019 SR 20195233428 - HeNi umber 5952322 STATE OF DELAWARE CERTIFICATE OF AMENDMENT Name of invited Liability Company: !Tetpay Payment Services, FL, LLC _ 2. The Certificate of Formation.of the Limited liability company is hereby amended ac Pnllnws. Item FIRST of the Certificate of Formation shall be; deleted in its entirety and the following shall be inserted in lieu thereof: FIRST: The name of the limited liability company (hereinafter called the "limited liability company") is NCR'Payment Solutions_, FL, LLC IN WITWS. WHEREOF' the -undersigned have executed this Certificate bn the 4 day of �'�. , A.D. 2 01- By: Authorized Pdrsdn(s). .Naive: Vladimir Samoylenko Print or Type . W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.1rs.gov1F0rmW9 for instructions and the latest information. Name (as shown on your income sax rerurni. ,.a,i NCR Payment Solutions Corporation Business name/disregarded entity name, if differ NCR Payment Solutions, FL, LLC (a an this line: do not , E1N Give Form to the requester. Do not send to the iRS. ®3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to rn following seven boxes. certain entities, not individuals, see a instructions on page 3): c0 [I❑ Individuaveole proprietor or El C Corporation ❑ S Corporation Partnership ❑ TrusVestate t>i � single -member LLC Exempt payee code (it arry) 6 ❑ Limited liability company. Enter the tax classification (C=C corporation. S=S corporation. P-Partnership) ► c Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting « LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is code (if any) E c .C. another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that o. is clisragarded from the owner should check the appropriate box for the tax classification of its owner. 11 other(seeinstruotions)► -- wppuesrooaow+tametnu*eawtad.rn.uS) or N 864 Spring street, NW 6 City, state, and ZIP code Atlanta, GA 30308-1007 name • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid Social security n(u—m-baarr-( I backup withholding. For individuals, this is generally your a Instructions security number (Safer However, fora resident alien, sole proprietor, or disregarded entity, see the tnstructtons for Part I, later. For other W entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later, or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. {{--T�--jj 19101 - 0 6 3 Z 2 7 4 Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form of any) indicating that I am exempt from FATCA reporting is correct; Certification Instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generaQy, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Dart II, later. Sign slgnatureot /� , Date%"ar Here U.S. person ► .20 _ frr General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN which may be your social security number (SSN). Individuai taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number XN, to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest),1098-E (student loan interest), 1098 T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a 71N, you might be subject to backup withholding. See What is backup withholding, later. Cal No.10231X roan rrr-a to [Vol. 391 ��. pt, 10-2018) [7upurtntwil vilho Twenatp IN IRS tntettit 3 :tevettue see -vivo PO BOX 9019 HOLTSVILLE NY 11742-9019 012014 NCR PAYMENT SOLUTIONS CORPORATION 864 SPRING ST NW ATLANTA GA 30308-1007 Employer identification number: Dear Taxpayer: In reply refer to: 0150390209 Jan. 15, 2020 LTR 147C 0 90-0632274 000000 00 00001375 BOAC: LM 90-0632274 Thank you for your inquiry of Jan. 06, 2020. Your employer identification number (EIN).is 90-0632274. Please keep this letter in your permanent records. Enter your name and EIN on all federal business tax returns and on related correspondence. You can get any of the forms or publications mentioned in this letter by visiting our website at www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676). If you have questions, you can call 800-829-4933. If you prefer, you can write to us at the address at the top of the first page of this letter. When you write, include a copy of this letter, and provide your telephone number and the hours we can reach you in the. spaces below. Telephone number ( ) Hours Keep a.copy of this letter for your records. Thank you for your cooperation. ME NCR PAYMENT SOLUTIONS CORPORATION 864 SPRING ST NW ATLANTA GA 30308-1007 Enclosures: Copy of this letter Jan. 15, 2020 LTR 90-0632274 000000 Sincerely yours, 0150390209 147C 0 00 00001576 Cathy M. Snider, Operations Mgr. Accounts Management Op 3 Vol. 3 91 pg. -A-8-- H 0 P 011015 } IRS 1,jg I�►tt vv lttc rTinuip lute�Y�al Rnvcuuo VoYvicr PO BOX 9019 HOLTSVILLE NY In reply refer tot 0190390209 i 11742-9019 Jan. 15, 2020 LTR 147C 0 81-2280449 000000 00 00001369 BODC: LM NCR PAYMENT SOLUTIONS FL LLC JETPAY CORPORATION SOLE NBR 864 SPRING ST NW ATLANTA GA 30308-1007 Employer identification number: 81-2280449 Dear Taxpayer: Thank you for your inquiry of Jan. 06, 2020. Your employer identification number (EIN) is 81-2280449. Please keep this letter in your permanent records. Enter your name and EIN on all federal business tax returns and on related correspondence. You can get any of the forms or publications mentioned in this letter by visiting our website at www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676). If you have questions, you can call 800-829-4933. If YOU prefer, you can write to usat the address at the top of the first page of this letter. When you write, include a copy of this letter, and provide your telephone number and the hours we can reach you in the spaces below. Telephone number ( 3 Hours Keep a copy of this letter for your records. Thank you for your cooperation. E9. Ern- Pg- NCR PAYMENT SOLUTIONS FL LLC JETPAY CORPORATION SOLE MDR 864 SPRING ST NW ATLANTA GA 30308-1007 Enclosures: Copy of this letter Jan. 15, 2020 LTR 81-2280449 000000 Sincerely yours, w i 0150390209 147C 0 00 00001370 Cathy M. Snider, Operations Mgr, Accounts Management Op 3 Vol. Pg• — CONTRACT SERVICES I FQR - This Contrabt For Professional Services C" Contract") IS made by and betwee4 Lucas Compton, LLO {"Lucas [ Comp ton") and. Br4zQjs, County,, 'Texas _(`Brazos County") -for the rendition of professional services. Ttrms- 1. Tenn of -this Contract; Verninkion. This CdritrMd is dfTectiV&'bqginnihg June 2,.2.023 -and- will teniiinater on June 1, 2024., unless otherwise terminated for iony reason Wmrsoever-, at the election of either party, after given. the :other patty 30 days, written notice- of its -intention to terminate this Contract, Scope -dRepresentation; Lucas I COffiIiion 4grees to: act as -.a profession4t.consultant for tKqzo*s County regarding the following profesgional services- identifying and helping to secure federal -grant funding, A. -Payment... .Brazos CotnW will pay to Lucas [ Cobipton a monthly retainer of $4,000 for the term of this Contract: Proceeding each monthly payment, Lucas I -Compton will .send an :invoice: to Brazos County. 4. 'No Conflicts. At the making of this Contract, Lucas lCompton warrants -that no actual conflicts -of-interest exist between the Brazos County and any other clients of Lucas Compton. S. C.OnAridentiality. Lucas f Compton -will maintain strict vonfidence, of any information it- has -conceming Brazos County and the representation of Brazos Comity-. .6. Anthority-to Execute rthis contract. The parties acknowledge. that- have the requisite A quisite authority to enter into this � Contract- and that all .requisite ActfQa iiao been -taken to make this Contract Valid and binding on. the_ .partieg in accordance with its terms. 7. Mulflpbo-t ounterp;Tts; Amendments. Vol. 3 91 pg. : l Pag e 1. Po %e o 2 Multiple ColmterPfirts; Aineufteuts- This Contract may be MWWd in Multipie counterparts, each of Whidh, shall be deemed to "be -an, oliginalinstrument; and all :of which together will .constitute one and. the same contract. This Contractmay not be amended except by a writing executed by the parties. 8. Entire Agreement,. !Ys Contract reflects the entire -agreeirient;on the. tetins, of this Contract. These written terms are not subjeotto.,any oral agoomenis or-undqrstanoingsi 9. Coutirolling Law- Venue. Tilis,:Contract shall hall be- governed by the laws of the State of Texas and venue shall lie. in the Brazos -'County, Texas. BRAZOS CO Title- 01XP7,,-q We' Q! a I las Addressco S tj ue 3 31A IV4 A 0 T X -7 7 eo-3 IUCAS I e-OWTOW, LLC TRAVIS _LU, CkrMariaging Paf tnpr Date: A.4&.dsg: 110lpenbgylvatiq-Avenue,.NW-,:Sifite.300i.WashiVonDC20004 Vol. 91 P9 - ------- ,Page 2 of X=RAY MAt✓HINE ITEPIIACEMEi�i';FOR COU°R'THOUSE SECURITY SI;RVTCE CONTRACT. DR—AZOS. COUNTY PURCHASING DEPT. .200 S. Texas'Ave., Ste. 351' : Contract No. CIP 23=546 Bryan, Texas'77803 Page 1.of 11 Piiges Telephone•(9.79) 361-4292 :... " _ GENERAL REOUIRlC1VICNT FOR CONTRACT - 'DANYEL.� �eVOE assa dul auihbuzed.re resenfafive of Stiiths Detection . L.' .. P "Contractor'-' willingly attest -to perfoi= n (or deliver)-as•per E hibit A fo.r,B azos County: I fitrther agree,to all of the"provisions aril specifications.coritained in this contract. -PROJECT TIMELINE -: Profect will'.start'upun receiving purchase order and will be"eompletedl icy Septembet-.30, 2023.. PREVAILING WAGES RATES The:;Contractor:shall be responsible for following all provisions_ of Chapter 2255 of _tlze :.Government . Code relating,to, the payment of prevailing -wages - h wage rate's>to lie used are"ineluded -in Exhibit B :attached. A -Contractor or siibcontract&Who violates.-this-section'.shall pay Iiiazos County $60-for each . . worker employed for each"calendar day -or part of.tlie- day the worker is paid less than. the:.wage rates =stipulated inExhibit-B. BONDING REQUIREiVIETTS The: Contractor will be. required to"bond.;each"project individually The successful bidden must.provi&t" _. . the P.urehasing; Departn ent; payment bond in-66 amount of 100%o. of each project sum,tei (10) calendar.: = days•,prior to start o f work. fox each project:. such= bonds shad liG executed :b - a corporate "surety duly.,:. authorized and admitted "to-do-buslne s,`'' the-State-6f-Texas and:liceused.liiUii1 -State of :Texas to issue`. , surety bonds_ ivath a' Best. Rating - "A'--' or :better::--: BRAZOS : COUNTY ,REMRVES THE: -RIGHT-. TO " ACCEPT ORREJECT ANY SURETY. COivIPAN Y, ROP.OSED BY THEBTDDER 1N THE EVENT 'B12AZOS .REJECTS THE''P1ZOP0SED: SURETY COMPAI�lY =THE BIDD.EiZ tiVILL BE AFFORDED :FIVE (5)-ADDITIONALDAYS TO SUBMIT THE REQUIRED BONDS,'-ISSUEDBY.A. SURETY COMPANY ACCEPTARLE' .0 BRAZOS.COUNTY: ASSIGNMENT The=successful ;offeror may not'assign, sell or otherwise -transfer this" contract -without written perinission.: _ .of -:Brazos County Commissioners Court. - Should_ there be -a change in ownership or management; the contract shall be terminated unless :a mutual agreement is reached with the new o«finer.-.or-manager-: to - continue the contract with its present"provisions a &prices. = - AWARD _ Brazos County reserves them"fight to ativazd this contract on the basis of LOWEST AND BEST OFFS Un accordance withrthe laws of'the State of Texas, to waive any formality or irregularity, f6 make awards to . -more than one offeror, to ieject- any. or all bids. The. County "reserves the right -"to. accept .or reject 'in :part_ 'oriin whole; an 40s submitted; and to waive any teclinicaiities for'the best uiterest of the County. ' - - _" _ Vol.: 3 9 P5�- Contract No. t;IP 23446 BAAZOS COUNTY, TEXAS. Page Z of 1 f Pages SI'ONSII31ATY 3t is. the bidder''s sole . responsibility ao ;print: and "review: all : pages;: of Elie.: bid' document, atiachmeri'ts que bans and,responses,:adden a ari :special nat4ces: The Certification of:BIaRrm must be_compfeted :to include full firm,name mailing address; telephozie number, eniail;.address,:Vendor Tax Identification ::. number and. signed by ai authoriz4 representafiive of the ,firm Failure to, provide signature on 'they , <"Certification of laid Forin-renders bid nonresponsive: Failare. to complete fih6-zUbmission=of all xequired `- forms, including but- fiat -limited_ to � the Reference Page,. Legislative: `G.ertificatiori .&..Debarment -yerification fora, Questionnaires (wlien applicable), Addenda:(iiicluding revised foirns),'and-any.dtber specified forms or -documents may -be grounds for rejection of,entire'bid .By:st. omitting a -response to;,. this solicitation; the bidder agrees to comply with 13 B 1295, Government Code �2252.908; -Bidder agrees to provide B. 3zos County. the "Certificate. of Interested'Parties", Form .1795 6required2 j onding 'aivard;. . renewal, amended or extended: contract .:Visit littp8Y/ethics.state;tx us/calla siiew/elf_infoform-1295M. for:, more information. fri ;the event of a, needed change in the,.specifications sent to. Che bidder; itf"is 1irtderstood-thata11the fore" terms shall apply ; o_the'addenc np '-ar addenda. C0NTRACT- OBLIGATION 8r1Uos County_ , Coihmissioners Court.must award the contract and Brazos County_hudge, or otherperson authorized by .Brazos Cc unity. Comlii sgioners Couit'fiiust-sign the contract bobre it becomes binding, on. - :Brazos. County or the offerors. Department heads : are NOT-. authoriz_ ed-10 'sign contracts for Brazos `County. Binding. ,contracts "shall rdaiain in effect -;until all products and%or.services covered by this purchase have.'been satisfactorily delivered and accepted, _ QUANTITI)CS The quantities specified -in, this co" iitract are estiuiiates only: ;;:Brazos County, does not_ guarantee' to purchase any minimum quantities of services otherthan those. I isted.'oii a purchase order:: ; H!4P-HARM ESS AGREEIYIENT .: 'Contractor; tlie.successful offeror;.shall,indemnify aril hold.Brazos County;harrii.less fiam: all claims:o'r ;. personal .injury,.:deatli xnd/or property, dam4ge,resulting directly or indirectly. from con tractpi's performance.:,Contractor. shall .procure::and maintain; .with respect to t w...subject niattec:.of -this bid, appropriate .insurance coverage tncltiding; .as. a ;rntiiimuni; public likilit" , :a property. damage- .with adequate limits to cover coniractor's]iability as inay arise directly br.indirectly ir0,m,*w6rk performed under terms of this contract. Certification of sucli' coverage must .be. provided to Brazos. County upon request. INSPECTION'S -& TCSTING Acceptance of merchandise, work, aird/or equipment provided sl3all.be ina�e by Brazos County at, -the:' sole ' discretion of the Commissioners' Court when all terms. conditions of the contract ' :and ;specifications ,have been thet.to-its satisfaction, including the subinissioii:lo Brazos. County of'any. and documentation as may'.be required, .Title and disk of Loss: of the goods, -shall =not pass to Brazos-, County until ,the County actually accepts: and takes �possessioii bf-the .goods at.the 1?ornt or points of .. ' :delivery. Contract No. CXP-23Z46 01 AZOS Y,'TEXAS `.;: - Page 3 orl l Pages C0UNT ADDITIONIIVIODIFICATION OF. LOCATIONS=:OR SERVICES - Brazos County: -. reserves -the 'right , to add. locations -as these. additional locations maybe required: Locationsito be` Wed may._iriclWe, bu#not:-limi#ed:to, expansion"s:or aildit oris to existiba.facilities and . -ac lhsition. or -construction` of new properties. Iri the- event'th4 Brazos. -County .makes" significant structural changes, to air .existing facility tYiat::iinliacts- the contractor.'s cost.iri. providing the services` .anticipated by this contract such change"may be treated as a new facility and the procedures.provided for in -this section may be followed in determining an appropriate pricer : In the event Brazos County wishes #o-otherto a group under`tlie contract, a quotation will' be.solieited from the incumbent contractor -.in good-- tanding.for`ihe- group iri which the.new location, is appropriately situated: " In the event Brazos County shall sell, vacate, abandon, or otherwise dispose 6f.termin6te'a location to which the contract applies, -all- existing contracts for services applicable to such location; the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos -County will endeavor to give.the contractor written notice. of such -termination of locations a minimum of -thirty -(30) -days-in.advance. S WONTFACTING Any subcontracting must be.approved-:prior to -con mericement of the Gontract;by_Brazos County. INVOICES. &�PAYNIENTS ..Payments to contra_do' is u.,f ff not be made if the contractor oannot�produce � Brazos County Purchase- "' -Order, Contractor shall submit an original invoice- on each ptirehase order.. -purchase_:release after- _. .each delivery, indicating ttie. purchase order numb6t"." Invoices. must be itemized. Any -invoice, which_ cannot be verified by the contract prce and/or is otherwise -.'incorrect;.: shall be corrected by: the : contractor: Bi"-azos County will only be required to pay for materials actually received and/or services acttlaIly provided: Brazos County shall not be required to pay, far materials or services .described in the contract that are not -used. -or provided_ by- the- contactor in completion .of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When mult'iple..deliveiies and/or services, are required, the contractor may invoice -..following each,: delivery or :performance of sei vice and=Biazos County. will pay on :invoice with in thii tq (30).. days upon. receipt of invoice. Contracts providing -for a monthly charge will -lie billed, and paid on a monthly basis - . only, - The coritractar.-will,.pro vide an invoice for _each:month in .which Brazos County is responsible for.' payment; during the duration of the contract: Prior.to any and all payments made for: goods and/or . services pfavided under.:this -.contract, the, contractor. should _.provide :their Taxpayer:° Identifi-(atioii . Number or'Social- Security. number as- applicable..Tius information must be :ari,:file with Brazos County: Auditor's office —Failure tq, provide - this, riformation`may result. in a delay rr payment. and(or back - tip withholding a, required by the Internal `Revenue Service. -PRICING .. Prices for all..goods and/or services shalf-be fine for- the. duration. of this contract and shall be stated. on tt e'Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additibns,- or subsequent qualifications*i)l be honored during the course of the contract. All. prices must be- -written in ink -or typewritten. Pricing on all, transportation, freight, drayage and other charges are :to.be prepaid by the contractor and included in. the bid prices. If.there -are an additional charges of any kind,- Vol. -.gig. 5 5 S'. Contract N&:UP 23-546 R.RAZOS COUNTY, TEXAS ; , Page 4.6f 11 Pages .other than those mentioned above, specified or -:unspecified, offeror .MUST. indicate the' items required and. attertdatt costs or forfeit the right .-to payment for .such items. Where unit .pricing. and extended pricing_differ; init'priciiig,.prevails. ; (TAXES }: °Brazos County `is exempt. -from alI federal excise,;state 'and •local taxes unless otherwise statecl"in this contract:' Brazos Comity claims exemption from a1I Gales :andlor use'taxes.'under :Texas. Tax :Coale_ amended. :texas )✓invited Sales Tax :Exemption Certifieateswill, .be furnished upon written request to Brazos 'County Purchasing. Agent.. GOVERNING FORMS in the event.: f any. "cotz-flict--of interpretation .of arty part:. of tiffs overall; -contract, :Brazos County?s i.itctpretationyshall- goveirt Tn the event oi';a cortfliot. between:the fern�s,,conditions,-provisions, and specations of this confr act: and any tother terms, conditions, p o visions, and specifications,;providea,b' . the:contracto, the.terms ofthrscontxacYsliall supersede. GOVEkNlI G LAIW AND VENUE 't'lvs Iiid solictation.is governed by theTaws of the:State of.Texas, specifically; the competitive. biddz`'ng requirements of the County' : Purcliasii g Act, Texas''Local G6V6n!ment Code, V62,021 el seq.., as ,onl0ded. Offerors shallcomply' with .all applicable federal; state acid :'local. Iaws and regulations. - Offeror is further advised:- that these' requirements;. shall be. ful ly- goverricd .by the laws of ,the State of Texas and fhat Brazos ,County may. request -and rely on adyicei. decisions- and opinions,of the Atto-rgey General of Texas and brazos County Attorney concerning and-partion of; these requirements. Poteritial vendors are abised-they -may have disclosure requiroment pursuant to Texas Local G'over iment" Code., Chapter 176.. This law requires persons'Aesiring ta' do business with the County to disclose any gifts that have an aggregate value 'fit excess of, $250.00 giver►, to any employee of the .Cotmty; County Official to =the. County 0£f'icial's family members ai. eriiploytiacnt .of any einployeew of'.tlie County, County 'Official or the County�Officies f ilp inembers�during. the;,pi eceding rivelve,(f 2) ,month period::. Tlie disclosure " - q.iiestionnaire "must be filed Willi. "the .I3pzos County Clerk. Refer to Texas .Local Government Code, . Chapter 176: for. the details, of this Iaw.- Bidder' deistziids that,=Brazos Cori sty. is a government subject'." ta; Texas State: -and Federal ptiblic infD6ati6n statutes. Venue shal.1 lie -.-exclusively in Brazos County, . , notwitlistandin g anYthtra ry., -conitv xhe COMPL1tAletC'E V4�ITIi`-YAW' The Contractor's work: ono':materials-shall comply ;with all state:.and .fedaraI 1aws,.inunicipal ordinances; regulations, an' 'dircctions:.ofinspectors appoYnted by proper authorities having jurisdiction:.. . The 'Contractor' shall perfoim and- require all subcontractors to -perform the work in accordance. with. :applicable laws-, codes;- ordinances; and regulations. of the State. of Texas and the .United,States and:in ca.`mpliance' ` with OSHA- -mid other laws as they.apply to its: employees:. In . the 'event- any. of ,_ he ' :conditions of the specifications violate -the code for_any indust ` ''then such conditions shall prevail. The Contractor shall follovW.all .applical k state and-'%deral, laws, municipal,, ordinances; and guidelines concerning soil erosion and, sediment contfol throughout the Project and warranty term. - ` .. [VOL.,�3 91. �9. 56 Contract No. CIP 23-546 BI2AZOS COUNTY, TEXAS Page 5 of 11 Pages DTSQUALiAQATION Off' OFFEitOR. - Upon signing. 'his is , an offeror offering -to,' sell supplies; .materials, services, or equipment"-o. Brazos County .certifies that the offeror has not violated the antittvst -laws of .thus state' codif_ ed in Texas Business and Commerce --Code § 15.0-1; -et , seq., -as amended, or the -federal 'antitrust laws,- and has not communicated,dii ectly i* indirectly the: bid,'made to ;any competitor or any outer person: engaged in •such. line of business::. Any. Qr, all, bids -may lie rejected if Brazos Caiutty,, believes•:tllat.colliision exists anion , .the offerors:- Bids in whirl : t ,, pnoas are ob_ v ously._unbalanced "may be rejec'tec1:'Requests:to withdraw a submitted bid. proposal,- idg6ject-to°the approvil:ofthe Purchasing 1�gent, SEVERABIII,TY "If .arry section;` subsection, paragraph," entence;..elause; phrase ar word of°these requirements or .the specifications shall be held.jnvalid, :strchi halcii r 4_shall 'not affect the remaining portions of these requirements: and 'the specifications and "it- is hereby:;declared that such. rerining portions would haue been .included -in these-requirements.:.and the. specifications as though- t 6- nvali.d: portion had been omitted. . SILENCE Of SPECIFICATIONS The apparent silence -of specifications.as.-to any. detail, or the'apparent omission from it of a detailed description concerning any point, shall be -regarded -as meaning ffidtt-only the -best commercial practice.is� to.. prevail and that only material arid. workmarislzip .of tyre finest quality are , -to be used. All -.inrterpretations. of specifications shall -be• made on the basis of this. statement, -,.The iteins' Rimished under tliis.eonh act; shall �b�e new; •unused of the latest produkct- in production to commercial trade aiid shall be of. tHe.:t igh'est quality as to riiatcr ials" iscd'aild workmanship. Manufachirer :fur slung tliese items shall: be experienced in; design and,cpnstru-tion;of such items and shall be..anestablished stlpplrer;of the, item bid.,. TRMiiNATXON .. Brazos County es the right to�terminate the contract for: defauldf offeror breaches any of the terms : therein, including warranties of -offeror.. or 'if -the "offeror. becomes insolvent or commits acts : 'of .bankruptcy. Such right of. termination .is .in addition to- and: not in lieu otany other remedies which Brazos -County may have in law or equity.. Default, may be construed as, but- not limited to, failure'to deliver the proper goods and/or services within the' proper amount of time,: and/or to properly perform any and all services required to Brazos',Courity's satisfaction -and/or to meet all other obligations and ,requirements. - Brazos. County may terminate the, -contract without cause upon thirty (3% days written ,notice r6LICY HNVIREMEl<tTS FOR CERTIFICATr OF INSURANCE C.6WRAC 01118 INSURANCE :.. The contractor(s) before starting work •fi)r.Brazos 'County, musfillrnish Brazos County :a Certificate.. of :. Insurance or oilier acceptalile,.evidence:from areputable insurance company -or compaai,es` with an A.M. . Best Rating ol''AA (such companies'to.be acceptable to Brazos:County) licensed to, white ins_urance1i the state -of Texas, showing that1ie cocitractor is covered by theinsurance as follows: (1) Statutory Workers-Coinpensation Insurance mith Emalayers Liabilft - �I� nsurance in the amount'b $1,000400. In the event, any, -work is. sublet, the contractor shall: require the subcoi1trActpr -similarly io provide the same coverage and.shall himself, acquire evidence of sii011'cover69e.,..,00 . V61. 3 9 t.'.: Pg. �7 Contract No. CIP 23=546: ..-: BRAZOS COUNTY, TEXAS Page G.a#'1 behalf.oi.tlie subenntractor. LVaivet of subrogation is required. (TLGSec: 401.011) (2) Commercial General. Liability".lnsurance- wiih-la $ 1,000,000 Combified Single Limif!:'Thi policy shall. be 'on the Comprehensive General. Liability I98G/90 occurrence form, shall::incliide coyerage _ for acts• of i ridependent • contractor's; and shall: name •Brazos County : as an additional insured. Waiver of-subirogation s required, No clauns made pohcres will be'acceptable without'- prior.approval by the, Cammissioners Cc'ttrilRisk'Management. (3)-,Automobile'Public,.Liability,.lns iranee with. a $1,000 000 Coinbined Single Limit; in -all. self:•. . ;. propell.ech vehicles used'iii'.coiriection whth the contract; wheflier owned; non=owned or hir'ed': The- Certificate of Insurance fiu�nished. to{B.razos .County -shall contain a provision ,tliat_:coveiagd.-.ur ,d':' , ..such policies shall not be canceled or'materially changed until, at; least 36.cla�prior written notice lias„ bwrl given .to--I3razos County.. >Azolvs - - The parties are ;aware that there `are: constitute 1,:,and statutory l�mitatior s :on the authority of Brazos :County to..enter into cet'tain' :teens.amid. conditions of the contradi, Including, but. not. liiriited,: to, authorizations .•of the placement. of" liens on Brazos County .-property; discl�iimers. and. limitations of. warranties; disclaimers and limitations of liability %r damages; waivers, disclaimers �i Jimitations of legal riglits; Remedies, requirements aiiaprocesses.;••liniitaOons of periods 'to'•bring legal action; grunting control' of litigation or settlement to another party; liability,for acts or omissions of third -parties;. payment of attorneys' fees; �dispige •:resolution; -indemnities; and confidentiality (collecthvely, "Limitation's').. Any contYaet terms and conditions related to the Limitations- will • Obt be bindirig.;,on ..:Brazos County�except to the extent.authorized b}r.the laws and Constitution'ofthe State of Texas. COVE (; ESMAGES •Nothing in thus contract shall be. construed .as::mal frig Brazos 'County responsible for the -payment,,. ;compensation and/or any: benefits for contractor including health, -:proper,, motor vehicle; workers'• compensation,:.disability •death; and' dismeinbern ent. insurance .for. the coritr ctor_s. employees and/or equipment. ITotliing in the contract shall be construed as making Brazos County. responsille for wages; materials, logistical suppott, equipment,'and related•• travel expenses incurred by the- contractor. :SOVEREIGN IMI MI:TY :The parti'es.i nderstaiid that,Brazos• County .does not waive or• relinquish. any immunity.:ox defenmon behalf .o•f itsel'f, oificers;'en�ployees, ;agents, and volunteers as -.:a result of Its .execution.,of this .contract arid .the performance of the coveilantsa:cantained herein: Furt]iei, Brazos County is not respoilslble fci� :any. civil liabi°lily that arises from any'act or omhssion.inade within the -course• -and scope tf tliis_oontract: Tlie parties-•undErstand ard:.aree that"Brazos. Caurity:-does not assume civil iiability tinder :any flieory, of .law:for •the actions of the contractor hiproviding services hereunder. -NOTICES Notices shall :be mailed to -the addresses designated herein or as -may• be designated; n, mmdng•by.:tho parties from limo. to time and shall- be deemed received when sent postage - prepaid. U.S. I1 W1' to • the following addresses: - . Ca•nf'racf No.-C] ;3-546 BRAZOS COUNTY; TEXAS:;y,, : ' 'Page 7 of ft.Nges :. 13RAZOS-CO.UNTY: Brazos County: Texas Duane Peters lQrszos County -Judge ; 200 South 'Texas Avenue, Suite 332 Bryan, Texas 77803. ; CONTRACTOR: Sa1es,ContradNa' me: - 1 Thgrie•Number•- Billing Info-. 1 W-2297-49 5 :- _. £.. ° `_ • Smith6betection Ipc: " ✓Account Payabfe� PQ•"Box.41.107 Pfi[,adelphia;. PA 191.7.0=7251 Fsdr®ceivabies na@srriiths-detection:com FISCAL FUNDING CLAUSE - ,Notwithstanding . any provisions contained herein, the obligations of "Brazos County •'are expressly contingent uport the availability. of funding for the i bligations.'contained. herein far- t1 e-ter-m of the contract- and any extensions and reriew, a19 thereto. WAIVERS No`: waiver by.' either: part ':hereto , of ._any term.. or condition.; of this contract "shall be deemed or , construed to :be .n waiver of any other -term or, condition -or subsequent vaiver of A e2 same term or :condition." ENTIRE= CONTRACT , This contract represents the .entire and integratedxagreement between Brazos""County and the contractor, and supersedes: all prior negoiiador s ' representations; cur contracts, either, written or oral. This contract may, only be amended by wiitteii instrument approved and executed 'by the patties.,. AVAILABILITY•AND RETENTION -OF RECpRDS Affrecords relating.to,the service provided under thWedntract.dnd.' -biting docuinentation for invoices submitted Jo Brazos-County.by the contractor sliall`be r aired and made 66fl ile by thd' contractor far audit by Brazos.County, it_duly__autho2 zed=representatives; the State cifTexas,(iricludingj!but not Iimited -to.,tlie'Auditor of tlie_ Stat64 Texas, Inspector General for duly appointed )aw::enforcement officials) .and ..agencies.•of the Uziited� States, Government. Such shall'.be returned "by contraator' and made 'availAbie; for any time periodrequired by --state or"federal law.: If changes occur. in the gov 'h ing state or federal. Iaw, .'regarding -;retenion, records,: -contractor shall comply : with - such . clianim, .' :If an audits : • initiated before the e.cpiratio'h of such timeperlods.required by state or federal law'regardirig retention of records, the contractot shall retain such records until the audit: is concluded and all' issues resolved, Con6aeto'r -shall provide Brazos County with copies ot: such audits that be conducted. with: respect to, "the contract. The. requirements .of Subchapter, J, Chapter. 552, Government Code;.may.apply to this contract and:_the contractor, or vendor agrrees' that ,the 'contract cant be "terminated lf the .contractor° or vendor. lcr 6vingly or intefitionalfy,• fails to comply, with a requirement of that subchapter. This, provision .is ; mandatory and may not be altered or•deleted, as required by Sec. 552,372(b) of -the Texas- Government.. Code. VOL 9 �. Pa. 'ContracUNo;~Cri' 23-546', BRAZOS COUN�'Y, TEXAS, _ Page 8;6 l iages - AUDIT RESPONSIBII;TY . ,..,. The contractor shall be responsible -far receiving,.replying to and/or complying,.with Any.audit exce-ption by appropriate federal, state or local audit directly xelaied to, the pravisiom ofithis."contract:: The contract r,,shi ll -'repay, to: Brazos` County the: full atriot nt_.7eceived for duplicate billings, erroneous billings, false or.`deceptive ;claims =;'Tlie= contracor" recogiies>"and agrees .;that_ Bra?os County. may withhold. any. money due ,and recover&thi-ougH any appropriate .method any honey erroueotzsly.paid under. this eontract evidence eXists.ofles`s."x`tlidn.fitll compliance nth -this aoiitiact INDEMNIFICATION" The contractor shall defend; indemnify -and save harziile'ss Brazos. County and al its "officer`s, agents,-and- employees. ftom all suits, ,_actions, or .dlainisny - of a:charact6i, name" and deacr ption- incli*gAttoiney's : . fees a penses:brought fox oz on acbdg4t,of any,, injuries or dai�ia`ges received:or..sustained .by any person or; persons or property, by 'or from:tlie said contractor;ar 1us ehiployecs or by;:ar..in conse'c{uence of: any negligence,in s'a_feguarding the work,, or.,tkough tlic use "of unaeceptable"r*p"ater'ials in cdiis iictiol of:tlie work, .or liy. or: o7i account of any act of omission,,,, ie. W6f2cer Compensation Law or ;tiny other. la1v, ordinance, oider-ar decree,.and so much afthe,inbiicy.diie4flie said-coiitracivr:uncier , ii ib -virtue of.his . contract ;.as shall, . be. cn�nsl�leied. necessary. by Brazos County, may: be retained for tlie' use:- of Brazos County, or.in, ease no zrianey is.due,.his.surefies-shall be.held,iintil suit or snits; actioricir`tactions cFaim px claims for injury or damages as,aforesaid sliallt-have been settled -and -satisfactory evidence to.that of -feet furnishedT3xazas Ci��inty. Contractor slialY,defend; inderiitify and save harmless Brazos County, its .aificers, agents and -employees iii :accordance, ryitli this indemnification ciause.regardless of.wlietlier. the injury of damage is caused in partl y BrazosCciuiity, its officers,:agent9 or employees. Cantr,iet No..QP 23-546 ' BRAZOS COUNTY, TEXAS Page'9 of 1-1,-P ges V T.C.A. LOCAL, GOVERNMENT CODE,§240276 3JUS�-SECTION MUST. B C.,OMk L'TED. FAILURE TO 'COMPL&E'..r S -SECTION WILL. -l*0UALI)Ty TIIE-J3TD'' Brazos Couniy sha1T Y:e£,nse to:: enter..iuto a contr•Act or'otiieir'.transacttoi ':vltli a pprs�n who owv .S.a delft to the Chanty per V,T.C.A, Ldcal :Governor_ ni,Code :§Z:G2:0276: a.. ,This refiisal:to:award a :contract to.br eriter.into-a transaction:;=with. a person;,pertains, lo.:ai� apparent low bidder or succe'ssfW proposer that is Yndebted.to the County; b. "T r son! includes ari 'individual; sple=proprietoihp, =corporation; nonprofit 'corporation, paitnership, joiiit'vcntiire,-:limited liability company; and. any, othet entity that proposes or. otherwise 'seeks :to enter.146 a contract or other : transaction :with 'the* Cdu' my .requiting approval by tlie`;Commissioner's. Caurt ; C. "Debt shall ,include delinquent taxes, -'.fines) :fees,,'or delinquencies arising 'fiom 'written agreements with the Coarity ' d. Prior to award, of a, coniract-by the Commissioners' •Court, the Purchasing Department twill request a stateincht-of account'from the- Brazos Courity.Tax Office: e. Any: "debt" as"defined above, that is reflected. -on the statement.- of account, w.i be documented and placed iri the bid file. The bid or proposal from the person with, the debt shad be considered "non ;responsive" ;and' "-not responsible"; 'eliminating it from any. further. cozrsideratioa.of award. f 'I l ene provisions shall apply'to any `•`person" owned partia1Jy awned, managed, operated'or .repI'esented b "A "person'.': indebted to the County 'Please list aJl :the ,names; of .the:.indi,•virluals that -:have, -.ownership, officers; managers, :and .board. of directors that -you have associated with your entity. Ue1oNv. Name Inder Reddy : , Title (Owner, Of�acer, Director, Manager, Etc,} President Rick Beers Vice. President of Finance DANYE'L DeVOE:.:" :. :Vice -Preside t of Sales-'.:: _ Vol. :-Contract No. C' . P-23-546. BRAZOS CQUNTY;_TEXAS Page 10 of I1 Pages LEGISLATIVE'CERTIFICATIONS: Brazos County. is.federally;mandated to adlideto•the diredions provided -in the President's Executirre:Order (EO) -_ _: " ; 1*=4, Executive Order on Terrorist Finan" = Blocking Property and _Prohibiting Traiisactions With Peisons Who' CommiO.hr6ien�-to Commit; -or Support7errorism, ef%ct�ve 9124/2001 and any subsequent changes made to ivyia� = . cross-referenei ig respondents/vendors with:tlie�Federal General -Services Adi ln--1stratidn.'s.Excltided J a es, List. System. (EPLS,- https://ivww sam.gov), Whl dh is inclusive af�the United States Treasurys tiff ce of_Foreign Assets Control- (OFAC) Specially nesignated Ndtional_(SDN) lisL.Respondent:oertifes thaf the nsponding.entity and its- ppncipals are eligible to participate in thisdransaetion-aiid-Have not. been subjected to -suspension, debarment, or s.1m` ilar ineligibility determined -by any federal, state or local governmental entity. -and that Respondent Win compliance- wiihthe State,of Texassfatiites and riiies relating -to procurement and.that Respondent is not listed on the federal governmerifs terrorism watch list as descrilied in_Executive-Order _13224.Eniities ineligible for federal procurement are Iisted at littps:/lwwiv:sairi:gov.The uiid'e. rsigiied at iriis:tha.non-debarment. statement. above, that they are duly -authorized execute this contract.Thecompany representative below further aifirms;'t}iat the company subinittingA.his proposal, _under the provisions of Subtitle_ K Title 10;;Govemment Cade Chapter 2271: 1: `Does -not boycott`Israel-currently, and = _ 2. Will not boycott fsrael during tl�e term of-thecontract Pursuant to Section 2270.001,; and 2274.002-.Texas Government -Code: = t .. "Boycott Israel" -means refusing to. deal. with,teiminating business activities-witim, or otherwise taking aiy action that is intended to penalize, inflict economic harm on, or limit conminercial relations specifically with Israel, or with.a person or entity doing business in lsrael or in an lsraeli=controlled territory, but does not -include -an --action made -or ordinary business-pbrposcs; and 2, '`Company" means a for.-profitzQle.proprietorship, organization, association,,corpofatidn; partnership, joint venture, limited.parmershi'p, limited Iiabilitp:partnersliip;:or any limited liability company,.including . . a_wliolly:owried:subsidiW. majority-owned,subsidiary, ' areitt-company or;agfiliate of:•those_entities or- business associations.that.-exist,to.' ;E&e:a profit::: 3, If Respondent is iequired to make awerification pursuant to Section-2274 6.02 of the'Texas.�Government- -' - Code, Respondent verifies that:Respondent'does not Boycott energy companies and will Iiat boycott energy corp*ds during the`telm of the Contract. If Respondent'does riot make. that verification, Respondent must to indicate in. its Response and state wImyahe`certificatioii�is not required.: 4.. if Raspondeitis required to .riiike a veiif cation pursuarmtfo.Section 227 .002 of the :Texas Government - Code; Respondent verifies that it {])does not;have apractice; policy, guidance, or directive that - discriminates a iiist.a firearm entif}r or firearm trade association and (2) will. not discriminate during the term of the contract' agairist-a firearm entity or -firearm trade association. IfRespondent does not make tl at- verifcation, Respondent mustso indicate in its Response and state why the verification is.tiot'required. 5. _. . Compan}Name: Smiths, Detection'.:. Authorized'ConpanyRepresentative: DANYEL DeVOE . Address: 2202 Lakeside Blvd, Edgdwood,. MD 21040 Contract NIi' -:546 -BRAZOS COUNTY, TEXAS . -Page 11 of I.1:Pages CE 2TIFICATION OF BI id%tr af .. u dent bove, -that: t_hey:-are:. dly- authorized:.ersi_mThe und- execute this contract, that this . has not-been:prepared in collusion with any other vendand that the ors " contents of this.bid�have riot been c6thm' '_unicatcd to any-oiher.veiidor.pnor to theoff1cial opening of ties"., - " bid. - ' . _ .. .. ..' . � - :: -• - Vice~President;of -Sales Signed By: ' .. r Title Typed Naive: DANYEL OeVOE Company Name: Smiths; Detection', ` _ Phone-Nunibgk: 1-800-297-0955 Email Address: . Daniel. Devoe@Smiths-Detection, corn Mailing Address: 2202 Lakeside -Blvd, Edgewood,.MD 21.040. - P.O, Box or City :State. Zip Empoyere lIdntificam tion Nuber: .. - 224552823 ... - . - .• • A �d b Coinmiy 'iopi rs' `Courf.on this - day of :L1�� ��2023:by' :. i ..: .7. ing the prositiot�.of OLA- 3"L :The follo,%inng items should be eonmpleted and included:in your bid -submissibm :Failure to:incipde these ,-Atems-will-disqualify your bid: ❑ V.T:C:A. Local Go Code 4262.027t ,for Tax Verification .(PAGE 9). - 0 Legislative Certification '0 &DeUarment Verification (PAGE 10) 0 All Addendum's (if, licable - " = 0 Certification of Bid" PAGE -1.1) _ : . - = -Cgbre �.@�,, - �... ' � ector _ ra- = 1 C°� i -, `� li ,- Sales. artaggr Shi ths-bbtettion - ` Axin'ng l ig h't1Ci(Ogy to 2102 Lakeside B[ti ! ratt.mr: u ssszez3 Cage Code;..235s7 Phone: (667) 201=3348 - o"'s-a: is4i39oie -NAICS Code; •334s>.9 " _ - - _ - Emaih,-- - - Hecfor;CatireralcDsmittt"s=detection.coin , _;:._ - -- - 4 . 9 ► { • �' De�ber `34 2022' ..'• "'- - - :° : -' - =- � Brazos �ddun Stieriiis Officer tm ' 9razos Coup Ca 1s�a� r� ty ty 6040 23s.Quote:12142022 REVi-' LQtatiii' 1,700TX29 )}ehve loeatto)S 17007X-21 } Bryan, TX77$03 �ta� Bryan; TX 77803 220-lids. (s7s) o� n &Oestinafion Ei a 1� dress'. Leon �Yg�Y�• eou s.az ov } � % : 12 18�Weeks ARO � - . :., Expecb�d is Giedit tst).=APPIicaUoo.may . e[ItgTettt> be required _ :. , ValTdi}y of Qu6te ., .. •a``�:�"Q`u�'""�.:��:'. ;:;.� <ttr���f:��*�'�•.�i4��.���`.�¢�-��.r"�.`�-�.�•v�.�ia:__r`; :r�':�c,� .u. -a- ae=• z �i:s.�#<.n.;�� _� _r,-t'�5 1 Smiths Detection HI-SCAN'6040 21s X-raylnspedlo' n System (Fit=Resolutlon)_(GSA) $52,695.21 $52,695.21; GSA'Pi rt dumber:11131350 2 =.24" LCD monitors Operator Manual 12-month Standard Warranty - 2-hour operator Orientation by Field Service Technician- :Soft"re: ' 3 HFSPOT - Local Area Image- Enfiancttment of. t3Cnse Objects Enduded Induded 1 SEN - Super -Enhancement of Diii ges with ootiinurl5 Ccnti-ast - = Included Included 1 HI-- AT.- OLgtlngusing Organlc-and Inorganic -Materials Color (Or$itge, Green and Blue) Induded :Induded `.:1 =. HI -GAT '256 Color Variances Induded : Induded =1... BlackjWhite Image - 4096:Grey Levels = Included Included Advanced Software Options 1. image`Store System - Digtal-Image Management i : $1,250.00..' ` Included . 1 • LEDS -1cluids;Explosives. ietectlon $2;50D.00 Intfudad 1 HI -TIP"- "Threat Image Pfolection . _ $2;750.00 : Indudeij 1 High Density Alert - Automatic. Marking or Suspldous Objects ' $2,500.00 indutled 1 . X-PLORE.= Determination of`OrgaiucMateriais $4500.00 _ Induded L Xport-AutomaticImage Transmission' $3,200;00 Induded i oTSXtrain`-:OperatorTrairiing $3,500.00 Included It'olter.Tabl 0V��.: ,. a ��3.�.a% a��:=�`s'�:�Yr".".. .: .vhw+'4rw:�s.��:.>um�" . trY..S'i+ 2 112-meter Exit Rafter Table'(bntranceor.exit).. $950:00 Included -��, �K r,r�_ ry fu n '0tions-<,,�.. a 'Se ` rcer cee a t:'.uer 4 w F+'_'rc•}Sw'rYw'.F'yk�-�W ^�S�-c t:'�:i.Y:-.1\':S•`.=,_�£.'.`,:un'`..'b�LFv'mow%iv'�S�.i`z�rRta-_Z�lbe: Prlority.-On-site Exteode.A'-- arranty with Preventative Malnieenance Onalte service coverage for -:extended hours, including weekends k2 to 24-hour response :.me = _ All labor; travel. time. and. travel expenses All replacement parts required Unlimited access. to 2417 Technical Suppoit Annual PMI and Radiation leak Survey._ 1 Five Years Total (Aclditloriat 4 Years) $26,080.00 $26,080.00' 7ralnin" i0 onsy� {5s� • r F _."`:sue ' :�'. �.��.L,.a�' r.'�..a•� � xa�."�4e;'` 1 Tralh-the-Tralni:rTrainiii4' CtistoinerSite * $8,995.0.0 $8,995.00. "°`Training class Requirement: q Paiucipants:Maz = Per Cass i HaMd lWIirStallafi9lt �c:."s.,,R.: .i7 s� r''.3"€".`r'-ws.�.._�',.s'e"�'�;.� ea r.'rS�..a;��:s`%w�i.,.s�•��'�.F.•i�7S'�.., i "-'i�:�3...ri•c...� 1 .. Shipping.(terms:detailed above), $2,471.00 $2,47- : Q -•1 Installation $1,750,00 $1,750.00 Unit installation Radlatfon Leak Survey Operator Orientation TOTAL PRICE i —1 <.'- ' , 91 991:21 " Saddu Detedfar OR and tp dzas ase,begby ascarwatai 4n eh5g�tatioi,anQ any raurd use ord r ttai may maa rtvro ins gaoty" wM be to arxptaece w tp tents a d mnda ens Tr . unas�ad Nwwo s am zttheU r.VSmltMDaecwnN&ww:wWw nawAttedon.�nU115Sarrs�conaWonspav M= d. CU h. ude Rate i ilk mt mftCe!bnmus tees in laWY6poif ds lm cf-' • ram. 5.0 tM o� tittf teS�vas me ikjZt to �oClty 2 rtercaai�(c+w3datmti sbto7 m me abwn.quotatfah:: - . . e+nrartasdm sawk d hud'a is a =pt fmm &tb m wider the rya orlMamurmd Pit (S USC S54 Undet Ece 4dwi jbX4I, and tts dsdoi-i is ta'&'od tmeei �Tci-ae Secrio AtE Qe u5.e lm a� FAR .. 2-I.M. Rgbts to:use of Qtu m rids pmpaal weSNMW by DFARS 252.227-7016 Vmwml§9Sj. • ttems ara open:markrA ROM tt-w-GSAJy anl= *WmvNe=0dUr shed M Mq;�: Prtcesdo ox tfiaa, 'estatesa�es tit, Nsa�arrtieus fas m trzpcn,oyon d� of mry km. Soa't $ DeWm � ea r lit tc moldy any tw= w d/o oco xYttamtssowd in lta abnv/f T.lP 9MVAS ASS I UNpVVDVMX' SYSTEIV4, 301 Tarko* Strect; 2"a'Floor `, w College Station, Te as - 7840. •" = .' ..;Miuimu ri Pr&ailih •:Wa aRiite t z6 Cohn i Bra�,os g g t3'..., CT,ASS1<RIGA'iOIV RATE:: : NOTES Acoustic CeiIt Instaitbii° Asbestos ANtemerivwt -k' :':: Carpenter Concrete --Pour and Finish' -Crane Operator 26.46 ,Driver .. 1447 . Drywall bsialler 16 20 ' - Electrician ! Journeyman. : 25:70, - Electrician. = Apprentice - . 20.35. Elevator .Mechanic = Journeyman Elevator Mechanic - Apprentice 48:10._ Fire Protection --Controls 17:7.2 Fire Protection _ Pipetitter 20.61 Formwork Builder 14.58-. •Glazier, 17.69 - -I•NAC - Journeyman 25.09 HVAC - App'rentice 15.81: -HVAG =-:Controls. :; 21.10 ;Insulato> `' 16:01' Ironwo`r"ker.; 17'42 K: -Laborer/Helner� '. - 19':13; Egitipment,Operatoi -flight 14.97 EquipineniOperator-Heavy .Painter- Pipefrtter �-Journeyman 32.50 PipeMer -,Apprentice 19:35 Plasterer , . . 15:.51': • . . Plumber - Jourrieyman 30:74` Plumber -Apprentice 20.32 ` ReinforeingSteel Worker 15,78 Roofer -19.94` `Stone Mason: 18.12 Terrazzo Installer 1308 - Tile Setter ' 15:73: Waterproo£er 14.91. INSTALLATION OF CARD READERS & CONTROL PANELS. FOR. BRAZOS COUNTY LOW RISK DETENTION CENTER SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 206 S. Texas Ave., Ste. 352' Contract No. 011? 23-573 Bryan, Texas 77303 Page.1 of 11 Pages Telephone (979) 3614292 GENERAL REQUIREMENT FOR CONTRACT I,. Michael Huffman as a duly authorized representative of Convergint "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TIMELMI, Projectwill start upon receiving purchase order and will be completed by September 30, 2023. PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor a subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each: calendar day or part of the day the worker is paid less than "the wage rates. stipulated in Exhibit B. ASSIGNiViENT The. successful� offeror may.not assign, sell: or otherwise transfer this contract without �vritfen.permission of Brazos County Commissioners Court. Should there be a- change in ownership- or'management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AW 4RD Brazos County reserves the -right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws -of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the -bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include fall firm name, mailing address, telephone number, email address, Vendor Tax Identification. number and signed by an. authorized representative of the firm. Failure to provide signature on the Certification of Bid Form: renders bid non -responsive. TaiIure to complete the submission of all. required forms, ,including but not limited to the Reference Page, House Bill 89 & Debarment Verification form; Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting -a response to this solicitation, the Vol. 3 91 Pg. Ft r, Contract No. CIP 23-573 BRAZOS COUNTY, TEXAS Page 2 of t I Pages bidder agrees to comply with HB 1295, .Government Code 225-2,908. Bidder agrees to provide Brazos County the "Certificate of Interested. Patties", Form .1295 as required, pending award., renewal, amended or, extended contract. Visit https://ethics.state.tx-.us/WhEitsnew/elf_info form1295.htm for more information. 7n the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda, CONTRACT OBLIGATION Brazos County Commissioners Court..must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court musf-sign the -contract before it becomes binding .on Brazos County or the offerors. Depart mnt heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES ' The quantities specified .in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on. a purchase order. HOLD HARMLESS AGRtENICNT Contractor, the successful offeror_, shall indemnify and hold Brazos County harmless from. all claims for personal injury, death arid/or property damage resulting directly or indirectly from contractor's performance. Contractorshall procure and -inaintairi, with respect to the subject matter of this bid; appropriate insurance coverage including, as a minimum, public liability :and. property damage with adequate .limits to cover conntractor"s liability as -may arise directly on. indirectly from work performed tinder terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work; and./or equipment provided. shall be made by .Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession .of the goods at the point or points of delivery. ADDITION/MODIFICATION OFLOCATIONSOR SERVICES Brazos County reserves the right to add locations as .these additional locations may 'be required. Locationsto be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new- properties. In the event that Brazos County makes significant .structural chatiges to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be -treated as a new facility and the procedures provided for in this section may be followed in determining ati appropriate price. In the event, Brazos County wishes to add other locations to a group under the contract, a .quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. Vol.— 391 Pg. 67 Contract No. CIP 23-573 BRAZOS COUNTY, TEXAS Page 3 of 11 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose,.or terminate ­a location to Which the contract applies; -all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will, endeavor to give the contractor written notice of such termination of locations a minimum of thir"ty.(30) days itr.advance. SUBCONTRACTING Any subcontracting must be approved prior -to commencement of the Contract by Brazos Co uity. INVOICES &PAYMENTS Payments. to contractors will not be made if the contractor cannot produce a 'Brazos County Purchase Order, Contractor shall subrait an original invoice'on each purchase order or purchase release after .each delivery, indicating the purchase order number. Invoices must beitemized. Any invoice, which cannot be verified by the contract price and/or .is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay forniaterials actually received and/or services actually provided. Brazos County shall not be required to pay for materials- or. services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any -contradicting terms throughout the contract and/or any attachments. When multiple deliveries. and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will_ be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is -responsible f' or payment, during the duration of the contract. Prior, to any and all payments made for goods, and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure .to provide this information may result in a delay in payment and/or back-up withholding as.kequired by the Internal Revenue Service. PRICING Prices for all goods and/or :services shall be firm .for the duration of this contract and shall be stated,on the Pricing/Delivery Information .form. Prices shall be rill 'inelusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink :or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included'in-the bid prices. If there are any additional charges of any kind,. other than. those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items: Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is -exempt from all federal excise, state and local taxes unless ofherwise stated in this contract. Brazos County claims exempfion from all sales and/or use taxes under Texas. Tax Code §151- 309, as amended. Texas Limited Sales Tax Exemption Certificates will be, furnished upon written request to Brazos County Purchasing Agent, Vol. Pg. 6 8 Contract No. C1P 23-573 BRAZOS COUNTY, TEXAS Page 4 of 11 Pages GOVERNIItiGTORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos -County's interpretation shall govern. In -the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any ,other terms;• conditions, provisions, and specifications provided by the contractor; the terms of this contract shal l supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.02.1 el seq., -as Amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements .shall be fully governed by the laws -'of the State. of Texas and that Brazos County may request and rely on advice, decisions .and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do, business with the County to diselose-any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members .or. employment of any employee of the County, County Official or the County Official's family members during the preceding. twelve (12) month period. The disclosure questionnaire- must be filed with the Brazos County Clerk. Refer to Texas. Local Government Code, Chapter 176 for the details of this law: Bidder understands that.Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. COMPLiANCE'tiVITH LAW The Contractor's work and materials shall comply with all state -and federal laws, municipal ordinances, regulations, -and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require- all subcontractors to ,perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and. in compliance with. OSHA and other laws as. they apply to its employees. 'In the event -any of -the conditions of the specifications violate the. code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and .federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control tbroughout-the Project and warranty term. DISQUALIFICATION OF OFFEROR Upon signing this contract; an offeror offering to sell supplies, materials, services, or equipment to Brazos County'certifies -that the offeror'has not violated the antitrust laws of this state codified in Texas Bitsiness and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not ,commiinicated,direetly or indirectly .the bid. made to any competitor or any other person engaged in such line of business. Any or all bids may be .rejected if Brazos County believes that collusion exists among the offerors. Bids, in which the prices -are -obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of'the Purchasing Agent-. Vol. 391 pg. 69 Contract No. CIP 23=573 MAWS COUNTY, TEXAS' Page 5 of l I Pages SEVERABILITY if any section, subsection, paragraph, sentence, clause, phrase or word of -these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS -The apparent silence of specifications .as to any detail, or the apparent omission from it of a detailed description concerning -any point, shall be regarded as meaning that only the best commercial practiceis to prevail and that only material -and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of -the latest product in production to -commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of -such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including vA-arranti:es of offeror or if the offeror becomes. insolvent or commits acts -of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to; failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services -required. to Brazos County'.s satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty .(30) days written notice POLICY REQUIRE jME+ NTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable -evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing -that the contractor is covered by the -insurance as follows: (1) Statutory- Workers Conmpensation Insurance with -Emplovers Liability Insurance in the amount, of $1,000.000. In the event any work is sublet, the contractor shall, require the subcontractor - similarly to provide the same coverage and shall -himself acquire -evidence of such coverage on bchalt of the -subcontractor. Waiver of subrogation is required. (TLC Sec. 401 011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies,willbe acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurancewith a $1,000,000 ed_Sin _ le..Limit in all self - Vol. 391 Pg. MAWS COUNTY; TEXAS Contract No. CIP 23-573 Page 6 of 11. Pages propelled- velucles used 'in connection with the. contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a pr.,ovision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior. written notice, has been given to Brazos County. LIMITATIONS -The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to. enter into certain terns and conditions of the contract; including, but not limited to,. authorizations -of the placement of liens -on Brazos County property; disclaimers and limitations. -of warranties; disclaimers and limitations of liability for damages; waivers; disclaimers and limitations of legal rights, remedies, requirements -and processes; limitations of periods to bring. legal action; granting control of litigation or settlement to -another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the imitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESM,NGES Nothing in this contract shall be -construed as making Brazos County responsible for the payment -of compensation and/or any benefits. for contractor including health, property, motor -vehicle, workers' compensation, .disability, death, and dismemberment insurance- for the contractor's employees and/or equipment, Nothing -in -the --contract shall be construed as making Brazos County responsible'for wages, -materials,.logistical suppoft, equipment, and related travel expenses incurred by the contractor. SOVEREIGN .IMMUNITY The parties understand .that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers .as a result of its execution of this contract and the performance of the covenants .contained herein. Further;, Brazos County is not responsible for any civil liability that arises. from any.act or omission made within the course and scope of this contract. The parties understand and agree that Biazbs County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to. the addresses designated herein or as may be designated in writing by the parties .from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY Brazos County, Texas Duane Peters, Brazos Counfy Judge 200" South Texas Avenue, Suite 332 Bryan,. Texas 77803 VOI.._9 91 Pg. Contract No. CIP 23-573 BkAZOS COUNTY, TEXAS Page 7 of I Pages CONTRACTOR: Sales Contract Name: Phone Number: Billing Info: 4250 N. Sam Houston Pkwy E, Michael Huffman 832-327-3700 Suite 180 Houston TX 77032 FISCAL FUN -DING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly, confiingent upon the availability of .funding .for the obligations. contained .herein for the term of the contract and any extensions and renewals. -thereto. WAIVERS .No waiver by either party .hereto of any -term or condition of this contract shall be deemed or construed to be .a waiver 'of any �othet term or condition. or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by. written instiument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and.supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it -duly authorized representatives, the State of Texas (including, but not :limited .to the Auditor of the -State -of Texas; Inspector Oeneral or duly appointed law, enforcement officials) and agencies of the United States Govehi ment. Such. records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law,_ regarding retention records, contractor shall comply with sudh. changes. If an audit is initiated before the expiration of such ,tiine.periods,required by state or federal law regarding retentioni of records, -the contractor shall retain such records witil the audit is concluded and- all issues resolved. Contractor shall, provide Brazos County, with copies of such audits that be conducted with respect to the contract. The requirements; of.Subebapter J, Chapter.552, Government Code-, may apply to :this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. AUDIT RESP.ONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit -exception byappropriate- federal, state or local audit directly related to the provision of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false, or deceptive claims. The contractor- recognizes and agrees that. Brazos County may withhold any money vol. 3 91 P9. 1 Contract No; -C P 23=573 BRAZOS COUNTY, TEXAS Page 8 of 11 Pages due and tecover through :any appropriate method any money. erroneously paid under this contract if evidence exists of less than full .compliance with This contract. INDEMNIFICATION The contractor shall defend, indemnify'and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or -claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by .or -from the. said, contractor -or his employees or'by or in consequence of any negligence in safeguarding. the work, or through the :use of unacceptable materials in construction of the work, or by or on account of any aot of omission; 'the Worker Compensation Law or arny other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary. by .Brazos County ivay be .retained. lior .the use of Brazos County, or in ease -no -money is due; his sureties shall beheld until suit or suits, action or actions, claim. or claims for 'injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indginnification clause regardless of whether ,the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. 391 pg. 73 BRAZOS COUNTY, TEXAS V:T.C.A. LOCAL GOVERNMENT CODE §262.0276 Contract No: CIP 23-573 .Page 9 of 11 Pages THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE B11). Brazos County shall refuse to enter into a contract or othex'transa'ctio'n with a person who owes a debt to the County per V.T.C.A Local Government Code'§262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low .bidder or sueeessftil proposer that is indebted to,the County; b. "Person" includes an .individual, sole proprietorship, -corporation, nonprofit corporation, partnership, joint, venture, limited 'liability company, and. any other entity that proposes or otherwise seeks to enter into a contract or other transaction. -with -the Coiinty requiring approval by the Commissioner's Court; c: "Debt shall include delinquent taxes, fines, 'fees, or delinquencies arising fiom written agreements with the County: d. Prior to award of a contract by the Commissiond& Court, the. Purchasing Department will request a statement of account :from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal fiom the person with the debt shall be considered "non=responsive" and "not responsible", eliminating it from any Airther consideration of award. f These. provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that .have ovmership; officers, managers, and board of directors that you liave associated wiili.your entity below. Name Ken Lochiatto .Title (Ou7ier, Officer, Director; .Manager, Etc.) CEO Bhuvana Badrinathan CIO Alan Bergschneider CFO Sean Flint President US & Canada Vol. �� 91 Pg. �` Contract No. CiP.23-573 BR.AZOS COUNTY, TEXAS Page 10 of a I Pages LEGISLATIVE CERTIFICATIONS Brazos-Courity 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't}ie United States Treasury's Office of Foreign Assets Control (OFAG) 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 oflocal governmental enfity.and that -Respondent is in compliance with. the :State.ofTexas:statutes and rules relating to procurement.and that Respondent is not listed on the federai.overnment'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 ek cute 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 2271: 1. Does.not boycott.Ismel currently; and 2. Will .not boycott Israel during Ettc term of the contract. Pursuant to Section. 2270.001, and 2274,002 Texas Government Code: I . `Boycott Israel" .means refusing.to deal with, tenninating business activities with, or otherwise taking any action that is.intended to penalize, inflict economic harm oil, 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. 3. If Respondent.is required to make a verification pursuant to Section 2274.002 of the Texas Government "Code, Respondent'verifies that Respondent does not boycott energy companies and will not boycott energy companies --daring tile. term of the ContractAfRespondent doesnoi,make that verification, Respondent mustso-indicate in its Response and 'state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 ,of the Texas. Government Code, Respondentverilies that it (1) does nothave a practice, policy, guidance, or directive -that discriminates against tr firearm entity or firearm. trade association and (2) will not discriminate during the term .of the contract irgainst a firearm entity or .f rearm trade association. 'If Respondent does not. make -that verification, Respondent must so indicate in its Response and state why the verification is not required. Company Name:. Convergint Authorized Company Representative: Michael Huffman Address: 4250 N. Sam Houston Pkwv E. Suite 180 Houston TX 77032 t Michael Huffma Signature: � Date: 02/04/2030 Contract C I P 23-573 7 5 Vol. Pg -Contraci No. ClP 23-573 9RAZQS COUNTY, TEXAS Page I of l I Pages CERTIFICAT£ON OF BED The- undersigned further affirms the non -debarment statement above, that they are .duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that 'the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid, LMgWy.1,�byWd.Wftd- 19, E`y Senior Account Executive �a,,,Q. Signed By: ie ae u manff Title: Typed Name: Michael Huffman Company Name: Convergint Phone Number: 832-327-3700 Email Address: michaei.huffman@convergint.com .Mailing Address: 4250 N. Sam Houston Pkwy E. Suite 180 Houston Texas 77032 P.O. Bot or Street City -State Zip Employer Identification Number: 90-0881132 A7int7::61ding on this Q day of �62.(AA -`( 2023 by the Position of Thefollowing items should be completed,and -included in your bid submission. Failure to include these items will disqualify -your bid:. ❑ V.T.C.A, Local Government Code_§262.0276 for'Tax Verification (PAGE 9) ❑ Legislative Certifications (PAGE 10) ❑ All Addendums (if applicable) D Certification of Bid (PAGE 11) Vol. 3 91 Pg. 76 ZGA I ilfiJj I., n converg-j... -Jtntfay 17,2023 Brazos- County Low Risk Detention Center Attention: TreVor Larisdown Reference.. Low Risk -Detention Cente'r OMNIA R220702 4250.N. Sam Houston Pk-wy E. -SLfite'9-80, -Houston, -Texas 17632 Phone 832-WI-3700 Mobile -892-624-6024 mithael.huffmari@converoint-.'com Quotation: MH03504596P 0 m-.nia Contract License/Cent R220702 -Smie -of Work w Install two card readers at the. exter . lor'do-ors- to the 4-6w-;R"ii* Diatehlion Center • Inst6li twp door �cdntrol panolghd power Supply kate'rials Line_ qt_Y_ A Part I esdiiii.Son 1� Ornnia Contract R2-20 . 702--ListPricing .2 Control Panel Description: Controls .2'Uly supeNised d6ors.40.00 -ram users, .2 d6bir re'l a ys, 'Alarm Inputs (requires Line Modules)',enclosure, power supply,* bitt (1.3Ah), tamper switch, lock and.SUB2. Built. in soltware- cWfig.urabIe-.WJegeqId interface for direct reader 3 1.-00 IVIXX-2 cohnecfion,,Supports Expansion Boards. Provides DENTIV 10/10011-600encrypted Ethernet -to Host PC and downstream -controllers (Mx and DI'Gl*-rRAC-)_ Requires Velocity 3..6'SlJ1 or later for -full functionality; Switching- power supply (110/230). upgyadeable to 4 or 8 doors. 5 expansion slots available for other expansion nsion boards: 4 2.00 MEW Line Module IDENTIV 5 -Lock Power Supplies 6 1..00 -I-AL30OULPI? UL LSTD2.6A SPLY W/4 PTC'OU Altrdrfik 7 1.00 :1 ALT-BT126 B A I I r-R-Y-12VDC/7-A-H; FOR --VVIPOWER Altr6n ix SUPPL . 8 :Egress ,Motions 0. 12.00 'I.DS160 EXIT IREOU�ST TO T PtRLIGHT GREY BOSCH Vol. ___3_ftJL_ Pg- 77 convergIn.- ine- hl 2.00 -1 8120ABPOO -NnV Proximity Reader IDE 00 12 Door Stril(e 13 HES-oft stake Moriftof HES 1-4.r Ofnnia:Contract R220702 - Open Market i5oot cbritacits 116- 12--00 - AWOTB� 3/4 REC S''TL DR/CL-LOOPJTE-RM.,%NOLE fridug Rt GOS�rg6 Risk. Wes 17 Cabling, 18 1.00 IAC251PYE IYELL ACCESS CONTROL COMPOSITE. GABLE PLN OOAFT West pelIA Wre 19, All labor is'linacicordance with -Omifia Contract R220702 T #q dlaif Vol. Pg. 78 converg"nt � I Clarifications and Exclusion 1. All Wbfk proposed-.horein, .shall be performed during riormal business hdors, Monday through- rridefy 8:00 am -. 5`00. pm. 2. Low voltage wiring shall be'installed via open air erode approved. methods. 3. Provision or installation of conduit wire, -boxes, fittings, -or-other electrical installation materials unless.spetifically-listed u*ndOr,lhclU%iohs.Qr B-111 of Materials. 4. -PiDrml4otassodlaited f6et.arO.indluded-. B. All -pricift. is- 1'n accordance -With Omriia toopefcitiV6 Purchasing ­; Contract.R2.20702 6. Customer to provide static Raddressea;and network -connections at poftel loeati6ns. 7. Customer to provide. a secured -staging & storage area for projpct.related materials 8. TWenty-Fivd pdro6n.t (25%) oflhe'propo8erd sell price shall be payable tbConvergint for projeot.mobilizat Ion. M6b!liz-,6t!on sholl- be invoiced and due upon customer acceptance of this proposal. .9. Proposal does not include sales tax unless otherwise noted. 10. Anything in the Contract Documents notwithstanding; in no event shal�Felther Contractor or Subcontractor be liable.fbr epedial, indirect, incidental or consequential damages, indlud.ihg commercial loss, loss of use', or lost profits, oven if either party has been advised of the.possibility of such damages. 11. Convergint reserves the right to negotiate mutually- acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in: the Bid Documents. 12. Customer acknoWledges that s;uPply-Oh6jh and'shippirig difficulties may result1h unavoldable-deloys in deliveries. of materials despite, timely placement of orders and efforts by Convergint-and its ;suppliers. toz:avoldsuchdelays. Customer agiees' to! provide Convergint with reasonable ext6nsions'of time to the extent of 'any such delaya and Convergint int agrep'.tio make reagonableofforts to-ovold -or minimize such . delays.. CU,§fodjOr further acl(riftledgeis that the above -referenced Supply-6hain and shipping Offioult[es, may result in unanticipated increases to Convergints, proposal pricing. on products covered -by this quote- or any resulting agreement and that such increases may occur between the time this quote. is provided, or any resulting contract Is executed and the .time when Convergint actually purchases the products covered by this- quOte or a'r"ulting agreement. CUstoMer agrees that it will pay any such increase in Gioriverglirift'initial pricing of obtaining the prod.Octs- above the proposal pricing :Upon which. the quote or iagjreement was based.,. by change order -or otherwiso-,.and Convergint agreesthat. it shall make commercially reasonable efforts to minim!2:e any such increase. Vol. 391 Pg. Pone rg j nt Performance .Items 4 :Electrified Door Looking Hardware Installation. of -Contriol' ftnels 'Instd1laticinbf Wire Hanprs 10outifing/Tprmination of Proposed -Devices One-YeArWartanty, on Parts •System Programming Testing of all Proposed Devicds MOO Freight. °(prtpaid). ihstallation.bf1dw'Volt,ige Wre- 'Material (listed in the BOM) One-;Ye,grW,arranty on Labor Owner to Provide Static IP Addresses Termination of Control- rquipment Enclosures Vol. 3 - 91 - Pg.80 'c�onvergjnfi Total Project Investment: 9jer95.00 Thank -you for considering Convergint for your Security needs. if you have any questions - or -would like additional information; please.doWt hesitate to -contact me.'immediately. If you would -like to. Proce6.0:with the spopo'of work as ouflined� in thIs.propo.i5al, please -sign below -and return to my attordidn, I Zincerely, Michael Huffman- Convergint, Michael Huffman By -signing. below, I accept'thispropotal and agree to the Terms and Conditions contained herein Trevdr Lansdown Customer Name (Printed) Authorized Signature; January lT.2023 Date. Title Vol - 3 91 pg. ------- Converglnt Technologies Install Terms & Conditions Version 2.0 November 2022 Ti=Shoul, Ibis Installation Proposal, lho term, 'Convergat' refers to the Comvergim Tochnoaglos aryiftate operist" in the statetprovinmce in which the W0* is being parfonnod. SECTION 1. THE WORK This Instaga5on Proposal takes aver and supersedes any and all prior proposals. Cor ispondlncco, and oral agreements of represen!atfons relating to the work sat forth In ina attached Scapa, of worlr including wielloet l mitstian, goods, services, equpment and soihvare, ('V{ W). This Instollotion Proposal commormson the Siam Data, as spocifedin the attached scope of work and, sub)ed to any oddendu rne, represents the a** ogreerneril between Convargint and! Customer Ift"ASmernent!). In the event any provisionalftAgreement is hold to be Invalid at Irfetikxubeabta, the temmeAtrig provisions, of this Agreement sfral remah, in full force. Connerglnt agrees in accordance with the mutuaby agreed projed schedule. a. To submit shop drawings, product data, wnpfos and situ brsutmIl ds if required In performing the Wcrlr; b. To pay for OR labor, malertal% equrtaaill, tools, supotwishon, ptogrommiry, tasting, startup and documentation required to perform the WA, in a000rdarso with tho Agreament; d Sourre and pay for pwrmRs and gavanxnentat fees, licenses, and inspections necessary for proper execution and completion of the Wok, knlaSS beat rrgu!afcns p ravido olhorwiso; and d. His tub conamdots and order matoM to perform part of the Worts if necessary, white rantam'arg rosponsNofor the comp atiort of ttio%fork Customer agrees in acmrdanco with the mutually agreed projoct schodula, and at no cost to Convergint: a. To promptly approve suhmittas provkdad byCcramrgn; b. To provide access to at areas of the facility which are nocossary to camp'oto the Wark: C. To SV* sullab'a obC rW so vico as roThNed by Contergintand d That In the event of any emergency or sysloms taauo, reasonable safety pxeanaions will be taken by Customer to protect tfe and property during rho period from when Conrerow Is first ndifed of the emergency or failure and until such time that Convcrpmt notir= the Customer that ttti3 systems are op rational of that the emergency has cleared. No monitoring services or software Capable of obtaining what may be characterized as biometric information are included in the Work Any such services shot) be governed by a separate ogroomont Title to (he Work, including any materials comprising the Work shell pass to Customer as theWatk Is completed and the materials am Incorporated into the Work at Customers silo subject to any license agreements, If materials are earlier stored on Customers site pursuant to agreement between Customer and Converglnt, title with respect to such ma,eriais shag pass to Customer upon delivery to Customer site. SECTION 2. PRICING Prang and amoums proposed shall remain valid for 3D days unhiess ovtCrwiso spocSied Pike Includes only the material listed based an Convergbhl'sinterprelatbriat plans and Specifications ureloss nolodotrenviso. Additional equipment, unless magotstod prior to order pracemord, vnit be biped accordingly. Sales tares, (and in Canada GSTIPST) and any other taxes assessed on Customer stunt be added to the price upon invoice toCus'.omer. SECTION 3. INVOICE REMITTANCE AND PAYMENT Customer agress to pay Convergnl hvenydrte (25Y.) percent of the total prim as a mobPs 0ionfao at tho limo of executing this Agreement 9 theVlbric is porfonmed over mote than one month, Convergfri wig Invoice Customeroach moron for The Wok performed during the prarous month. Customer agreas to pay the amount due to Converglnt as ktvotod, within thirty (30) days of the data of sudi fnvo:ce. if the Wok is oarnVoled in Ross than one mcnti, Ctwomet agro s to pay Corr W4 in full alter Ina Work has been canptatadwithin thirty (30) days of Ole data of iwolre. Invoices shag nottncludeorbesubjocttoaprojectmiatimporee:mago.IfCustorrerIsoverduainanypa mont, Conrergnt shag be onfited to suspend the Work until paid, and charge Customer an Merest two 1 and 11.8h percent par month. (or Ina maxbm,m into pannitttrd by law, wkrrnaver is less), and may avail last of any other legator equitable remedy. Customer shall mi mburse Corrnxpint costs (Harrod in cagocting any smouTis that boccam otvrdue. Including oltomw,l fees, court costs and orry other reasonable onia diitwo. SECTION d. WARRANTY For the period of we (1) year, commonegtg at the earler of substantial completion of the Work or prat beneficial use, (%ftnOnly Periadq, ft. a. Wok performed under this Agreement will be ofQood quality: b. Equpment,41 be new unless ofwiwise required or permitted by this Agreement C. Work "It bo free from dafads rat nhamm in ft quality required or pacmlted; and d. We* wig conform to the requirements ofthis Agreement The Ctsicmets sole aril emirsivo romody for any breach of INS warany is ttat Cmvergint shall remove. replace andlor repay at its own dhsaatot and expanse any detective or improper Work discovered wift the WararnyPeried, provided Ccmwgh is rctifxd in writing of any defect within the Warranty Period. Any software, equpmeni or products bnctuded In vie Work and installed by Convog'nt shall orgy tarty such warranty as Is provided by the manufacturer thared. which Converglnt hereby assign to Customer without recourse to Convierght orwhichis exclk rsivelygramodlorxulonetInMsottvarodoaxmanlalmn Upon MIT" 01 Customer. Conwrgird will use eommoslagy reasonable efforts to assist Customer in enforchv any such ttird-pany warranties. This warranty excludes romody for damage or defect caused by ah se, pf:afi, rxgiod, modifications not executed by Convogihl, improper or h issigcent maintenanw, mproper use or operation; ko, exrplasbrL water exposure. conos;o0,4u51m admso envim mental candtiots or resoling from accidents, cc any other Arts of God: llucuations h fro baildvmg power supply, heifwa to provida it Power supply. or opamtN on ernrromern that does not conform to the marxrractuors spocisications; repair, sarvfoo, adjusimam, WriperEng or modificat onofft equpmembyamyoneother than Corverglnt service personnel; negligence oraasecOmissions of Customer orrnyfhidpany(excluding aConverglntservice, persoutef);ornormal wear andtear ndernormal usage. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS DR IMPLIED, ARE MADE WITH RESPECTTO ANY GOODS OR SERVICES PROVIDED UNDER 710S AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLYDiSCLAIMED. SECTION S. CHANGES Without invalidating thisAgmement or any bond gluon hereunder, Cuslomareir Converglnt mayroquestchanges In the Wo4k Any changes to Ina Agreement 'sha f be in writing Sigried by both Customer mid Convergint. If Customer Orders any additional Work or causes any material interference with CornargWs performance of the Vftk Convergatt shag be crOod to an aqutabto adjustment in the time to performance and in the Agreement Price. W xfrhg a reasonable alowance for overhead mid profit SECTION 6. FORCE MAJEURE Netter Customer nor Cortve4brd shag be respauhb* or liable for of be doomed In breach of this Agreemom because of any delay or faAmxe in the performance of their respDaivo obligations pursuant to this Agreement due to d»xrmstances boyond thw'r reasonable comet ('Force hlajeuraj and wilirw tho fault or rAglganm of the party experionCing such delay. A Force Mrdouro ovard shall include, bud not be gm3ad to acts of God, pondomlc or eppdcmfc, diseases, quarantines, unavoidable casuatpes. conceated conditions, ads of curry civil or military authority, riot, insurrections. and civil disturbances; war, invasion, act of foreign anemias, hosbTfes (regardless of whatnot or not war is declared), foboldon, rovoluli n tattoos! activities, strikes. lockouts of other labor disputes: embargoes; shortage or unavailability of labor, supplies, materials, equipment or systems: oeaderil, foe. storm, water. foodarg. negligence of otthers, vandalism, power fslxae, Brmte.4aGon of incompatlalo oquipmc ht improper opvatimg procedures. solace raarod fluctuations or fighting, transportationcorifterncias; laves, slaMes, reguxtaias, and all -legal roqure mmts,ordersor judgements acts or aft of any govammed or agency or official thered. cow c atastropgios or any other similar ocamerces, if perfarmarxe by either party is delayed duo to Form Moe rm, ft time for performance shag be en a period of t ma reasonably necessary to ova oomc f g9acLcU*delay Arrysemc�s'xeq d by Can t due toreasons sot favi in this Few aJemre section shag bo charged to customer in addition to any am due undarMAgreument Cl.—SECTION 7. INSURANCE y d. 9' ---� Conuergirt shall masi6n the fofiarura iistranco covemges ruing ft tern of tthis Agreement and upon request, shag provide eanTxatos of insurance, to the Customer Warkor s Compensation Statutory Limns Employe+'sUabW S1,0IX1,000per cocwroncotapgregata Commercial GeneralLiabil,y $1.000,000perocurmnoe S2.000,000 general aggregate AftmobgoLialHh-y 51,00Q000pa: oocurencrJaggregate ExeestuUmbragaLiabyay S5,0W,0Wperocarrertelaggr%Wo Corhvofgim's suuranco is fvated to the covWCQS listed Slam and Ccnvargint will not provide amlders Risk Irtsurartie. Commerdai Genets! Usb,Lfy policy shag name lire Custmnaras •add xtaJ ihsurod on a prsmaryhtonoonjibutory basis wah nispectto fiabT1y adsagout otworkperfamedby Converglnt, as applicable, but only to the exdem Of RAWI as falling within fie indemn?y otu"gations of Canvorgint pursuant to the terms of ova Agreement Corwela shelf provide to Pre Customer no less than thirty (30) days' notice prior toft termination or canto Bonn of any € on insurance policy. SECTION 8. INDEMNIFICATION To the forest extent attowed by tax. ConveTbrit shall indemnify and hold Customerharmlim from and against claims, damages, Fosses and expenses (exclerM lass of me) atobulableto bodily 41 ay, sWmoss, disease or death or to destruction of targh'a property, but oto ft oxterthe rr ttausedby eg%W adomissions s or omns of CornetVM or Conver&Xs employoes or sunly bcortractont wh90 an Customers site. It Is understood and agreed by the parties that Carwergim is or may be providing intrusion products which are dos'tgrwd to provide notification of certain events but are not Intended to be guarantees or insurom against any acts for which they era supposed to mortiter or inform. Convergint's indemnificationobligation pFursuant to Section 0 herein, does not apply to the extent the loss indemnified against is caused by any (nttusien product or software provided by but not manufactured by Converglnt. Convoglmt shall have tit liabtity to Customer for any losses to the extent such losses are caused by rho Intrusion product or software. Customer shall indemnify, defend, and hold harmless Convarglnt, from am against all deans, lawsuits, damagos, lassos and expenses by persons not a party to this Agreement, but only to the extent caused by such helrusion product or software provided by but not manufactured by Convorgint. SECTION 9 LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. (A) IN NO EVENT SHALL EITHER CONVERGINT OR - CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDLYG COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLARA IS BASED ON CONTRACT, TORT OR OTHER THEORY AND (% IN NO EVENT WILL CONVERGihtT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS iN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS AGREEMENT, SECTION 10. COMPLIANCE WITH LAW, SAFETY. IL HAZARDOUS MATERIALS Corwergintwill cmnpywithOR Laws and regulatansWlicabre to asprovisionorthe Wbrk. Customerw1connpy wivm allapplicabb laws andagmamems app cab;e tols use and operation ofthe Wark Corrrorgiit shall comply with at safaly related laws and regulations andvmlh the safety Program of ft Customer, provided such program is supplied to Converglnt prior to b4hrvigVvodt In ft anent tonal Corrvargit discovers or suawm the presence of ha«aMo s materials, or uhsafo woAing conditions at Customers fadty wihcxo trio ftid is to W performed, Converglnt is edtled to stop rho Wok at that facility it such hazardous mama iafs, Or uncato working coridiiians wrore not pevided.by or caused by Converglnt. CowitInl in Its solo dsscerron shall delarmna when it is `safe' to return to perform the Work at Customer's facility. Converge! shall haw rho rosparsibiG.y for the discovery, presence, handing, removahg or disposal of or axposrrro of persons to hazardous materials in any form at rho Custamela ranTdy. To the fur" extent avowed by law, Customer stint Indemnify and hold harmlass ConvarQag from ON against claims, damages, losses and expenses, axchxfamg but not Emited to, reasonable, attorneys fees, 84519 out of or resullahg from unifisdosedhazardous materials, or unsafe woredng condtions of Customcesfanlly SECTION 11. PERSONAL DATA This Agreement doas not authorize Converglnt to access, co)led 'store orprocoss onyblomehic information although tho equipment or products inctudad in the Work (including embedded software) instated by Converglm are capable of collecting bicmetric information. Customer agrees and wal comply with any and all appifeabla local, state or federal laws, ordinances, rules or regulations (collectively, 'Laws') with respect to collecting blomatdo Information using the equipment or products provided under this Agreement. Nohwithatandgng the foregoing, to ft extent Customer uses the Work to collect bfometdc Information or provides Convorgi i with access to biomeffc infonnatioiL Customer acknowledges that Laves may Emil Customors rights and Impose obligations with resped to use of sofhvaro capablo of eotodhng bicmetde Information, including any hardware or other software and services associated with the biometric Information, and moot that Customer is solely responsible to ensure its own compliance with such Laws. To the fullest extent Stowed by law. Customer will depend, indemnify and hold Converglnp harmless from and against any and at claims, suits, actions, legal proceedings, debilities, damagos, fines, fees, pe taltbs, Costs and expenses arising out of or totaling to Customers use or Collection of bfomoftfo information. SECTION 12, PRICE ADJUSTMENT Converglnt may automatically at$ust the price, with five (5) days prior written notice, it based opt (a) changes by its vandals to ft rest of equipment andfor products to be darvored andlor labor costs related to porsonnel responsible for pertormif g the Work, (b) macrooccnomtcconditions. such as taxes,tadtfs or .duties, natural dsaistars, tabor ahotagests Tikes, eto, (c) applicable market fronds, or (d) other events not within Convergint s control that Impact the cost or parfonNng the Work The variation In the cost of the oquipmenl products andfot tabor shall be consistent with app5cablo market indexes, where evegeb;o. third -party sources or other ovidenco. Convergfnt reserves the rigor to add periodic surcharges to this order, including without limitation, adjustments for the then current. price of fuel, such surcharges to be specified and frrvoicod by Convergent. SECTION 13. DISPUTES in the event of any dispwta bammen Comergim and Customer, Convergnt and Customer shall lust attempt to rasolvo the r5sputo In fro field, bat If that is not sdceossfid. awn to a moeng between authorized officers Of soon o mpary, it satvaamom attempts nee not successful, unless the ds" mquios Djurr Ave relief, then the drsp uto shalt be decided exclusively by a l ltratiom Such arbitration shall be Conducted In accordmxewith the Construction lncla y Arblmlion Rules of the Amer rout Arbitration Association errantly in effect by a Suva arbitrator Ord shall be a final blry g resolution of Ina is 6os proserted between the parties. The prevaling party shall be efilaW to recover its reasonable rmoneps fees rmdcasts. Any award by fro arbit ator may be at iodasajudgmaminanycourthavingjutl5dfrdron SECTION 14. MISCELLANEOUS This Agreement shah bo governed and construed In accordarco with the laws of the statelpravinm Inwrdch the Wbrk is being performed NOW party to ft Agreement shall assgn this Ateement without the prior written consent of the other partyherelo. Notw;thstanduug tho forogmng, Corveigi nt may assign this Agreement without nodes or corwtif (i) to any of its parents, subsViorries or axle ratod companies or any empty, majority owned by Convergird; or (ir) M connection with a merger, acquisition. reorganization, sate of all of fie equity WeraNs of Converg". or a sala of all of substantt3fy erg of the assate of Converglnt towhich lull Agreement relates. Notices shall be in wravng and addrossed to ire other perry, in accordance with the names and addresses of the parties as shown above, All notices Shelf be effective upon rocapt by !ha, party to whom the nmatico was send. In no event will Converglnt be obligated to comply with any project labor agreements or other cogectivo bargafnhng agreements Awelverofthe terms herounderbyomparty toftogoerpartystmtnwfbe, eSeciwtrtass in writing Orrdsipphetd byap emarowihaudtorlytocornmitpieCuslancrandConvorgnnt.NowalverbyCustomerorCcnvergbtshag operab as o oantsnmuswaivm , Wass the written waiver specifically states that ft Ba continuouswaiverof the terms stated in that warier. The Secpons mprdloD mvicing. warranty, finder rmly, and dsputes shalt Survive the termination of h}tis Aaeetmterhl. THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage -.Rate County: Brazos CLASSIRCATION RATE, NOTES Acoustic Ceiling Installer 15.73 Asbestos Abatement Worker 13.06 "Carpenter 15.95 Concrete - Pour and .Fiidsh 15.39 _ Crane Operator 26.40 Driver 14.47 { Drywall Installer 16.20 Electrician - :loumeyman 25.70, Electrician - Apprentice 20.35 Elevator Yiechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 4.8.10 Fire'Protection - Controls 17.72 Fire Protection •- Pipefitter 20.61 Formwork Builder 14.59 Glazier 17.69 HVAC - Journeyman 25.09 HVAC - Apprentice 15.81 HVAC - Controls _ 21;80 Insulator _ 16.01 Ironworker 17.42 Laborer/Helper 12.73 Mason 19.13 -Equipment Operator - Light 14.97 Equipment Operator - Heavy, 16.76 Painter _ 13.18 Pipefitter - Journeyman 32.50 Pipefitter - Apprentice 19.35 Plasterer 15.51 Plumber - Journeyman 30.74 Plumber - Apprentice 20.32 Reinforcing -Steel Worker 15.78 Roofer 19.94 :Stone Mason 18.12 Terrazzo Installer 13:09 'Tile Setter 15.73 Waterproofer 14.91 Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. Vol. 3 91 pg. BRAZOS COUNTY BRYAN, TEXAS L' DEPARTMENT Purchasing NUMBER: DATE OF COURT MEETING: 2/21/2023 ITEM: Approval of the following committee for the evaluation of proposals for RFP #CIP 23-580 Old Reliance Road Phase 1 Reconstruction. • a. Prarthana Banerji • b. Fred Paine • c. Daniel Vines • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) TO: Commissioners Court FROM: Kaitlyn Battles DATE: 02/17/2023 FISCAL IMPACT. False BUDGETED: False DOLLARAMOUNT. $0.00 ATTACHMENTS: File Name Description Type No Attachments Available Duane Peters Date County Judge vol. 3 9 1 pg. 8 4 yLR 6 op *� �* Brazos County ��yi M? Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/R.FQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 21, 2023 RFP NUMBER: CIP 23-580 TITLE: Old Reliance Road Phase I Reconstruction REQUESTING DEPARTMENT: Road & Bridle APPROVAL SIGNATURE: �ZD Duane Peters, County Judge DATE APPROVED: 'Fe 'uL!-E" 0.11 9-0 0- 3 Vol 3 9 1 pg. 85 1g BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 inexa Final Plat DATE OF COURT MEETING: 2/21/2023 ITEM: Approval of the Final Plat of Inexa Lots 1-2; 3.00 Acres; M.A. Foster League, A 16; Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 02/13/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fie Name De, scrip ion Type Brazos County Plat Application Signed .p� Application for Development Backup Material Plat FP-2023-02-10.pj[ Plat Backup Material AMMO C -1 I Duane Peters bate County Judge Vol. 39.1 pa, Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax:(979 776-0456 Email: plats@brazoscountutx.dov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE': January 24, 2023 RESUBMITTAL: ❑ YES ❑ No PROJECT / SUBDIVISION NAME: Inexa PROJECT ADDRESS OR LOCATION: FM 2776 (Northwest adjolner of 9203 E SH-21) LEGAL DESCRIPTION: Property 1D: 11326, Moses A Foster League A-16, Tract 5, 3.00 Acres (Vol.18365/Pg.31) IF RESUBMiTTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 2 TOTALACREAGE 3.00 JURISDICTION: ❑ CITY LIMITS ❑ ETJ 0 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 (a) years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT APPLICATION PUR ❑ RESIDENTIAL ❑ MANUFACTURED HOME ❑ COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): I iS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ❑ NO I Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered 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 natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. D• • + WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES NO DIGITAL FILE SUBMISSION COUNTY ENGINEER ❑ ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To: plats®brazoscountytx.gov) 911 ADDRESSING ❑ ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To: gisabbrazoscounl&govl CONTACT Vol. Pg. 87 FIRM NAME: InexaAcquisitions, LLC CONTACT. Charlie Hoppe ADDRESS: .3968 Cody Drive CITY. College Station —P-1�7-77845 STATE: Texas PHONE: FAX: EMAIL choppe747@gmaii.com FIRM NAME: same as APPLICANT INFORMATION CONTACT: ADDRESS: CITY. STATE: Zip PHONE: -7 FAX: EMAIL FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT, Jeff Robertson ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY., College Station STATE: Texas —TZIP-- 77845 PHONE: (979) 693-3838 FAX: (979) 693-2554 EMAIL: jeffr@mcclurebrowne.com NONE FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Gregory Hopeus ADDRESS. 1008 Woodareek Drive, Suite 103 CITY: College Station - STATE: Texas 7JP:- 77845 F PHONE: (979) 693-3838 FAX. (979) 693,2554 EMAIL: gregh@mcclurebrowne.com oNW 143-1 " INFE91 FIRM NAME. CONTACT: ADDRESS. Crm. STATE: -zip. PHONE: FAX: EMAIL 77 PROPERTY OWNER CONSENT/ AGENT AUTHORIZATION voi.. 3 9 1 pg. By my signature, I hereby affirm that 1 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 1t is ►aderslood that 1 agree to the Development/Subdiviston of this property. fA PRINTED NAME: %-/r wur � � I DATE: / / U 1,93 SIGNATURE I PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submisslon 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 Commisslonefs Court may not follow that recommendation and may make a final decision [hat does not conform to the staffs recommendalion. CALCULATIONS OF MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150 + $10 per lot FINAL PLAT: $200 + $20 per lot AMENDING PLAT: $100 REPLAT. $200 DATEAPPLICATION RECEIVED; / i DATE APPLICATION RECEIVED / REJECTED: 11 I SIGNATURE: I SIGNATURE: I Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it walva requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .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. Vol. 3 91 Pg.8 SIMPLIFIED FINAL:P.LAT,REQUIREMENTS Every Simplified Plat shall include all of the following: Q Title Block with the following information: 13 Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. El Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Date of preparation. (include the date of any revisions on the plat.) El Engineer's scale in feet, El Total area intended to be developed. Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. El North arrow. 0 Drawn on 24- x 36- sheet to scale of 100-feet per inch or larger. El 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. 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. Q All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries, [] Road names and Right -of -Way width for all Roads, (Existing and proposed) ['] All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. [� Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) [] Pipelines: label company with volume and page. 0 All certification language as found In Appendix C. Q 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. 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. 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. [] Metes and bounds description of the property to be subdivided shalt be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and Vol. 3 91 pg., — 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) ['] All Subdivision external comers, 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, Bemsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfitled 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. 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 comer 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. 0 The plat note regarding Owner's responsibilities as found in Appendix_ GA, if not contained in the Owner's dedication. [�] The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. 0 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). [l 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. [� 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. ❑ 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. ❑ 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). ❑ 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 CountyCommissioner's Court. ❑ 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. Vol. 391 Pg. 91 ❑ If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ if rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. ❑ if any areas of the plat are located outside of ail incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Fioodplain Administrator prior to locating or altering a structure or land shall be placed on r� the plat. 0 It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ❑ 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. ❑ The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ❑ Any improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks. Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. ❑ This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. ❑ 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. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol 3 91 pg. 9 2 MASTER.PLAN /.PRELIMINARY PLAN;REQU,IREMENiS �.. Every Master Plan / Preliminary Plan shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ❑ Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) ❑ Date of preparation. (include the date of any revisions on the plan.) ❑ Engineer's scale in feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. ❑ Abstract name and number. ❑ The Preliminary Plan shall carry the legend °PRELIMiNARY PLAN FOR REVIEW PURPOSES ONLY". ❑ North arrow. ❑ Drawn on 24' x 36" sheet to scale of 100-feet per inch or larger. ❑ Subdivision boundary Indicated by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vortical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. ❑ 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 plan. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number. and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. ❑ County boundaries. City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or privately owned), pavement Width and Right-ct Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phaselsection lines, and Lot lines with bearings and dimensions. ❑ utility Services. (Water, wastewater, electrical, natural gas, cable. phone, etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. ❑ The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required Information as required by this section. ❑ Size. in acres, of all Daughter Tracts. '❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ 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. vol. 391 Pg. 93 Q All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan 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. ❑ 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 plan note. ❑ 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) ❑ 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. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, If not contained in the Owner's dedication. ❑ The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ 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). ❑ 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 piat 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. ❑ 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. ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever Is higher. ❑ 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 shalt 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. ❑ A drawing containing both existing and proposed topographic Information at 2-FT contour intervals alahg with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ❑ If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Vol. pg. 9 4 ❑ 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. ❑ 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. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per t-] the requirements of Article 8 of these Regulations. u 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. ❑ The location of proposed cluster mailboxes, as required. ❑ All proposed off -site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to stand alone to most requirements of these Regulations. Q 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. ❑ 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. ❑ This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. ❑ 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. ❑ Drainage narrative in compliance with the BCEDC. ❑ 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. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. VOL Pg. - 9 5- , FINAL PLAT APPLICATION REQUIREMaENTS `r " ..�-. tt vr.. ftry Final Plat must include all of the items provided on the Simal'dred Plat checklist as well as the fallawina: ❑ 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 shalt 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. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, 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 must be 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 andfor 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. ❑ 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. 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S �dE ��t,ete dd `�!�$ d F I g It ys# #,a aj k d t.� y6 s s t d�#, I 9 {F s i [di@'E6# 5eE y ?U1 lA g am is BRAZO,S COUNTY BRYAN,TEXAS DEPARTMENT: CC 2023 - Utility Permits - Frontier Road and Bridge NUMBER: - Various Locations - Install fiber optic for internet service DATE OF COURT MEETING: 2/21/2023 ITEM: Consider and take action on the Brazos WIFI utility permits to install fiber optic cables for internet service along Dilly Shaw Tap Road, Frieda Lane, Riata Court and in the Fawn Lake Estates Subdivision. Sites are located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 02/16/2023 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit - Brazos WIFI - Dilly Shaw Tap Road (1)! Utility Permits - Frontier - Dilly Shaw Tap Road Backup Material Install longitudinal line and crossings for internet service-pdf (1) - Install fiber optic for internet service Utility Permit -Brazos WIFI - Dilly Shaw Tap Road (2)! Utility Permits -Frontier -Dilly Shaw Tap Road Install longitudinal line and crossings for internet service-pi(2) - Install fiber optic for internet service Backup Material Utility Permit - Brazos WIFI - Frieda Lane - Utility Permits - Frontier - Frieda Lane - Install Backup Material Install longitudinal fine and crossings for internet service..pdf fiber optic for internet service Utility Permit - Brazos WIFI - Rlata Court - Utility Permits - Frontier - Riata Court - Install Crossings for Internet service-pdf fiber optic for Internet service Backup Material Utility Permit - Brazos WIFI - SlippAryr r Rock - Utility Permits - Frontier - Slippery Road - Install Crossings for internet service..pdf fiber optic for internet service Backup Material Utility Permit - Brazos WIFI - Falling Water - Utility Permits - Frontier - Falling Water - Install Crossings for internet service..pdf fiber optic for internet service Backup Material U flity Permit - Brazos WIFI - Fawn Lake Drive - Utility Permits - Frontier - Fawn Lake Drive - Crossings for internet service..pdf Install fiber optic for internet service Backup Material A"RO Y1. Duane Peters Date County Judg Vol. 391 Pg. p— NOTIFICATIONii# y PROPOSED AND/OR REPAIRS �: '� .PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY Comes now Brazos WIFI [company name.], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows; Directional bore along Dilly Shaw Tap Rd starting at Riata Ct going 2600 feet to the intersection of Fawn Lake Dr. There will be road crossing at the following locations from the starting point of Riata Ct. 1055 feet east, 1794 feet east and 2495 feet east of Riata Ct. They direction bore road crossing will be a minimum of36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in goad faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing; utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos. County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long; as two weeks after complete application is received. Vol. Pg. 99 Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: Signature Project Manager Title 12135 S.-Hwy 30. College Station TX 77845 Address (979) 999-70 10 Telephone Number tim brazoswifi.com E-mail Vol. pg. —--_ 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 - 91- 03 except as noted below: Brazos County Engineer Vol. 3 91 PCJ 01 vol. - 3 9 pg. 1 0 2 A. Gegeral Repuirerrrerrl� 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. R. .safely Reguirenrerats 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 Tragic 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 dhe back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Conlrol Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided -for the followin a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; VOL pg. I O b. If construction is within ten (10) feet of the roadway; or c, Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed, 3. flan must set forth the time of completion for the job. D. Desieai 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 Chiliaies 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) incites below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow fine 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 t' 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 2-4 the annular space, between pipe and casing, and soil exceeds one ( I) inch. Brazos County must be given - hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. pg. 1 0 � 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. e. 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. Entergenct, work 1. In the event Compariy'is requiredto perfarni erriergericy servici's, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company vol. 391 pg. 105 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 g sthigfaeilities I. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon; as required by the CountyEngineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pi clines l . All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining; to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied. for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. a. Petroleum Pipelines: Depth Tyne of Pipeline (below dceuest ditch grade) Special Rertuirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of3"thick and width shall be pipe diameter plus 18" minimum. S. `Under no ciecumstarices will a pipeline be instalIeci garallel 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 drat serves the final customer. Vol. g � Pg. . 0 -6d 10A d ROAD HONK 'tl0•f0 AHEAD {, KC'nt1IC Tt � j h� I f Sa+LvrrPi7xirgMriea® 1 aq)Pt o.itfaa tf TA .wn orm f. a siimim a of ]b' trot Ine nNire.t froNlto •er. , 1 ■ 45" Mtet 41 Ss J t 1! " TCP 12-3as WORK SPACE NEAR SHOULDER ,r Conventional Roads j goxD! "Olin ARM ROAD 6CfiR a:■2p•iO ANCAD END stops;a. �A5"oaT4t, { 0049 #ORR Sn fcr■ If crapq.. t G7o• Sta'r+ort f) at' ■2 24, S 0to fmit 21A i A in. �u, � parF raniarea � W 41lW 4WfP t rtatfior') iffYY f ^4 .ate apM'Qtl{n'; - ta+vtna trfrcrst, .. t7y.. 'r.a9 rt fir. ttL.r trfi4f .t rp fOlti a1.41 CeolTOtff of troll . cnort.tTixfno a 0 ar off rinot..- tt.9 lmrae + t Sl w J 'see —fez 4 r n a 1 (tip $ i ffi ROAD 7 ROAD SOAR NORA _ 020.2 -AHEAD 41• x ie» a5.e nna 2rA Epp Ce2a•IO la (jL 41 x .1 ROAD 3Oi arraas• ' 3ta not■ it G7b-2- it" role TCP t2-3bi WORK SPACE ON SHOULDER Conventional Roads t 24• soft VA 1 i e C � + � 1 i 4 irbCTgre i . .arK )Mfa1e LEGEND t=$a type I lowrlt»oe to ■ C"C"wil7lnp Oafieet Weary ta.r. yerflela UM F'v=^ aAPfrrea 4ot ter Itt441 trot lay' ta7farep f ibalflep Arfor pWra Porrab[t hq.Orwoe wt0004 SANE low& "+et* slot+: traffic tici 'V. r.aq flogrj.r 11 of n r•r. oetlrmt. tr.aYe.[.y. atn7ew, na t■1w rarwn4 imer fe•+gma .y,�F 44 ne M.eyil.Jlm .IMA S�t1p ,�,��r� t�Iatfyattfl! tl Ntf«r liars 10• ft et f!' fl" if..r,afrw iN a '. tm.r O.-P tPgnf C"Itfpnte �� � f"' 165' `loo• '30" 40' n L• S. 2S5' 2M ,S5• 10• to. T20 +0 T6'%*l 795•: '520' cb• 40" 2a0• 155' +> 450• 495• 540 a5 sst• l7O ray 5o sAO• TS'O bast' •-6GjT so• so 't - 2.0 55. L-es -SSp 4O5 .55'. - I10� 50if• 2 5• - GOO GGO• 77O' t,O. 120, Im. 150, -Go 65 G50 �15• J60' G M. y00' 410' #0 55 770 IM0• +io• 14O• 4001 t5 750' S •" 9O0' 9S• t5O" 900' .415'. Soo, y ISea 114f4 It A CanrT-I IM41 pmaws Errs) i - ',' IT* Tapr"r I.Vim Toast Dec..rawsma off. , ti f..Lefialfl of IsperlfTl *.*;*In by Offttffitl S•ebatta SplfOtawnl Ct I pR�' t t i f ,I f GENERAL. NOTES a; '�z I. Root arf"a"'a to 09,- ~a xaer+, ae�a#mtoik. 2. All ; . •�'+ t"ofte cam") atr.faa iHwrcaI'a we naulm aruat "xna, a■ ,"-,to'10 waglt y.bof eat at miff.* ~ starts ;n 'ty 4 ,+ R - p7TB! W for rautiM'"inI"Ove aQh eeyit wwo.4p eI rM tnetnlat' 5iaawgro iartfWl vouro be 010cey' a ■infetn at so tat, ft— naOrtt ifatfleq uft- S _ 1 4. 7/q@r fMTt.O .1/n fa4 an0 nivl trilmi is ratartfl- Ita.nfno, '1 `I i owlfta" a• Won$ Tlaytrt. A V%x1b. fentets atrr! o I" trmlot* u-a agues to car of mitlaw 30 to I07 teat 1n .0. of /n P'F5! Ot Etta faiwvit ♦FIKvr m).ar»fy otltaiim one orrfarin»"a ®q.Qitty 1af NM raft: If wwo aft rp law 0 #wl ` r oyt r71M O• �l PaffiFIIOU reaxsre fee traft:e Centres to remin iq. alaag. Tim 3 ft rlra:rt tr..offw aermirg.m pelm acto e , tin4lflntao for m umn, fettioie at�o Tot,. k 5. Aa11i 0m) sculls Tmic[r. atin Tuftmo, to posifiofto off one powo , • srfaasr M.1 to Tr'm Pe■n tit 0.0cf, sa pvtwf a tiar'@yt spool, G. Sea iptSHi f1.` o'OyfiIer .4■ of CieSaftlnBpfse;a. a prafta0ia Ost 'i Q ! 1!•.'faTA. Inmil.t tlrot "wales w atmer ego:F awns NWIa be aGfato fair tmo, fiayargf•!ay lire ap net Vpat4 txt tat Vona waalalr. ! tell. 5 •Snfx1OP STV bats in ! i ■ly ce am mme ai [■llAO fL74O COrL IJalO• titan tar Pv+f+ avw rn arT.tntiP�l roweota. 1 + I i DAD QRTt F 7 �f4xat tlapPi07>eflf ay 7tlrypar4tfklt �; +! fte TI T' TRAFFIC CONTROL PLAN CON4ENTIONAL ROAD Si OULDER WORK f TTplCAL USAGE' 1r,A1LC �[ f41K4iiPf .Wrt ICIRf i■tIf1K074tC SttllPtftt lxMi ttxTlPiAM tP� iifei S#4IIa714Kt / ✓ t j TCP t2-ic► TCP(2 1)-1.6 WORK VEHICLES ON SHOULDER Conventional Roads OF 1 AND DESIGNATING PLACEMENT OF RIGHT OF , TO: THE COUNTY ENGINEER OF BRAZOS COUNTY., TEXAS Comes now Brazos WILE'I [company name), hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along the north side of Dilly Shaw Tap Rd starting 225 feet west of Palermo Lane going 4900 feet to the intersection ofRiata Ct. There will be road crossing at the following locations from the starting point of225 west of Palermo Lane. At the intersection of Palermo Lane and Dilly Shaw Tap Rd, 894 feet east, 1936 feet east, 2424 east, 3900 feet east and 4370 feet east of Palermo Lane. They direction bore road crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the filth day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Vol 391 Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown, By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardv By: Signature Project Manager Title _ 12135 S. Hwy 30. College Station, lX 77845 Address (979) 999-7010 Telephone Number timfa.brazoswifi.com E-mail 1 109 Vol 9 P9. 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 c-y-S— except as noted below:---�� EXCEPTIONS: fi 0 Y%e- �- Brazos County Engineer Vd. Pg, -- i .P OD TM ,tts ;1- BRAZOS COUNTYOF WAY A. General &Miremenls 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. Pennittee 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. .SafePet�uiretttenls 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the 'Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or. hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plata 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. 391 Pg. _ I Ja b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Stagdarrds i. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Corte, 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 Iine 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 l' Phone -- 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally S' 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 p_ ressure grouted for the full length of the crossing the annular space, b�h�reen pipe and casing and soil exceeds one (1) incit. Brazos County nmust be given 24 fours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; -- 1V0: 3 9 1 pg. 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 }lours, 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 backfi11inn. 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 tines 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. Ejne gencv work 1. in the event Company is required to perform emergency services, that requires excavation in a County Might of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. ��i pg. 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. ,Repair.T to gj6q%jg �RCldd9lL'S 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 rtlilities I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said 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. fli h Pressure 1'i elines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company, 4. Petroleum Pipelines: Depth Type ofPineline below deepest ditch grade) Special 31Reguirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. ­5. _ Under ao circum-siances 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.®! r "a" F PEe IT wo, arva is a Awsr fail D-oet isea It n apA at 13, from Ir4 fwwqsf fta's4*4 ay, .9b 411b tser Votes 4 1, 51 — FEE Poona D> 44 x Ila <AfltAD Ma•10 At. fi illI 4..� QO-Z 49 All' X 24- tuo "wife 21A u;*9 note 214 4o. LEGEND c== fype 3 ea-cxxoe -0 a -ICIV-;w, lxtrq pov Icet C30 &90.7 Marx It4nicif Qw nwt troller iilowtta !t!!j4ho Alto. MaPto P9rit2r,tcmamomlo son tKKf 1 Trafflo Flag Flog Ap 2 E E A 7T o*01 ; I 1a ftn"Iffewl O."jonly T 0111 ?a"- fefwf4 r4.e oevn rama aft. *f'Tt4*rfrlY 01 Off-ttftl Wasrea sm"01'"o' ere.. groll ;;�Z;nqq W942 wwal" #tit TYPICAL usALE l0tetlp Of rVatilc ZY. w*1 at all *I—&. GENERAL MIES Ali I, room atroma I* :l2. At I IrOflc venom arc mo. 00et Vou me Waposf op wit"ID' tea ww mew In 'I. 7. oolled vaperiwo vxwlo od mated a sirdna of V in 2 sp= w for ~;m mWermlw work wwil avorwild of I" "toter. VplE to nowerl foraefta a• Uv-b- venks, MA a,a Win 1-willy falo'zm 144.1:17 A%naxv rshfvs.�t'sfu* ~at" 45ce Volvo A A st, =01ftolyllow 10 to too it" to ofta" Of ffto,"arcreemo eo,err. 'eh Wf tomb vPIC24. IyM 3 AWfZ*t"$ at to lor ItV,, Avilllool Vow. Toomfes all Ift 07,w &rime, nc-r to trow av- in —u- to w?IMI a *tcor vort sm*. 4 L sm T011141 fol-viousoff *or* An alviota Aw"v,, eswels"s am Ii 7" "htcles or atrer tollp-mr 1010.1d N 0"" rww led, wit . ' ". ". 'Mou.w. b b 1 .. ".'=- ROAD I A" at use* M pm of tOn-10 ROAD MU &K'a, 00" to, awow eark m few-,& "ORK �f f— ROAD 4 AtICAD R AD Ito x =-2 MIC P <A SNIP 43- k ROAD Swo, rot- VA Ego I \ .4 CM-40 110119 A#- A 45• [ROADWORK, 1�1 0 Fla M.� MEAD 40- 1 :4- 1Ahiwrfe 4s" rate 21A CON. I 46- 1 46- to TRAFFIC CONTROL PLAN sat r�tt CONVENTIONAL ROAD -1. SHOULDER WORK TCP (2-lo) TCP (2-10) TCP (2-1c) WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER TCP(2-1)-18 Conventional Roads Conventional Roads Conventional Roads 14* 4." by 0,0 t-I .41 -law Wall I. celr L.Mam fix oi-n-o.`* 0.140" $0400 35 L- 15011 Iss'l sea, 34 ball My 90* L240* to, 160, 3?CV SO L-95 --qF- - go. szo., VIV, AftlW fi coo, sw ro—F—• 400, W I —ocr Soo' 1 2115- 1 6—M, Iaa, 6.51, tro. � 414); 7� 1-700-:1 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF # DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIF1 [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along the side of Frieda Ln starting at Dilly Shaw Tap Rd and continuing to the end of the Frieda Lane. There will be road crossing at the following locations from the starting point of Dilly Shaw Tap Rd. 417 feet north, 757 feet north, 958 feet north, 1261 feet north and 1772 feet north of Dilly Shaw Tap Rd. They direction bore road crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take -as -long -as two weeks after complete application -is received. Vol. 9 �a=L11 Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification, Brazos WIFI Company Name Tim Hardv By: Signature Project Manager Title 12135 S. Hwv 30. College Station TX 77845 Address (979) 999-7010 Telephone Number timObrazoswifi.com E-mail E l. pg. 118 Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: EXCEPTIONS: C- �J- Jkv- Brazos County Engineer Vol. 119 P g. 'r; k'..[ ' j . 4, -A; a ` �,`� {.,� t F2: « S t 3 g f f Il fi 1 — � , 5 i M v.Y 1 -� i 1 j j� _ 7 �{( + )1 i t ' i 1 { , s 7 3 3 � j i 7 i 2 i r a _ � � .77 J'( . , �'} A. Getters/Aggmkgq ents 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. S. 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. Lafety Rertuirenrents 1. Proper traffic control measures must be put in place prior to beginning ;work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed, 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions trust 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: Tra#1 Control flan 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 Recific nighttime traffic control measures pursuant to the TMUTCD, Vol. 391 Pg 121 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. flan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time ofcompletion for the job. D. Deal n StarrdBrtls 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 Corte, Section 181.04S. 2. All pole installation (including lighting) shall be placed at the backside ofthe Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone-2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored 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 given24 hours notice of'pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 4 pg.] 21 c. TuDOT Standard Specification Item 476 shall be followed for ail boring, jacking, tunneling and joints. 9. Bore fits: a. no pits shall remain open longer than 2 days; b. all pits shalt have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (i 0) 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. I0. 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, backlilled 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 back#illing. 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. Eme&reycv work I . In-tlie event C6mpany 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 123 Vol. _ P9- 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 night of Way and traffic safety controls used. F. flgp firs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole tines 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. Relocalim i of utilities I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said 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. Hi�li Pressa�re 1'ie�elines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. 'With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the; installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe of Pipeline (below deepest ditch grade) Special Reguirements 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 iia ciccurristatices will dppipelAne be installed parallel to a County Road within the Right -off Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. _ 6. Natural Gas Distribution is a line that serves the final customer. Vol. Pg. 12 4 TCPt2.10 WORK SPACE NEAR SHOULDER Conventional Roads tiRnR AttiAO ' \\ 5AENVORA Sfe "OTCtt L + 1 y��j' IS" not* %tA � a P $ I�Id" h ) P IT Atsa •; . �7 fs4r nolead t Si � o s + P 1 � � 1 9 a ORA ROAD t#Rd6 crd-z P AISCAa Aa• y r+- ISe► tulle ilA P Ceya� Id is- I A(• g4- -P if II TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roods five now 4 LEG£k[i��" Typo J awrtcape 110 cl-141ne 0erlcee fYOvy swat: Vertiele QQ rKa lets Aet 1 ItN4l wtx►wW Sig1 must ftaobitim iota'. L:..[ .a. Sion trorrt. from Q t,7 fip ri000tr i t 1 1 1 t e It ti Cuerenflowl Poo" fitly , t wt laver rergmt fqr¢ yf rt>,,tgtly'att. Q.. t'LMotiiOr tawlfli a -Cat" of-0fftef itit S.ra,.rn in..x.urvi �?� 11 fo w.<0 aIe(f®Ir ton tM.1ro e ■ �p� � tngnrt lrlM1a r at.lpe u1nlM ttd'+ fislClfq e' .1 t1aYa t1N'. aw t1 Kave W " I iMlkiff.a tr' Itft., sla t®.r One I r r0 1s -40 y i. 110' fitV 7160• So' 60` 7;0' 90• ' 3as' 2T5' 245' s' 7a- tfA tm 261• i"3S'520' d0• 60' 240' --155": 45 o 58 60 65 70. 75 f:-tS' 45p' 95 1eW 41•- 40• J70•-. t91^ i00' 950• 6W So' /00' _400'. 240' SSO' 605' 65o• 191. Sig, Soo- - g5• ,. Im. 660' iio' 60' t70'. 6d0• lStt'" 450• its- 760•. 5' #�110' too, lob• t7o' 040• 10' 1 140' @rki'. 475, t50•. ir$' 00+.. t5• ISO"tf00'". S40•.. IT@ICAL' MOE tCO1tr `etCnt itA411oM sra/t ilia 5i41fdtNhf inti4tN.df4t4 Tort ;Its ttAt S#Atfd4A4e 4feltfytwf f a` 1 GEki6tAL NQ_TES a:3 lr flop 90n#rot 1we aASIRiO. Stl !14ttaderpre 11w1g0. t mr." flof4 0peit4m rtfM1 tOt ftfaprlitRlli or to miffed ~ .141e4 in rnf "d i y mum. or tar foulito ealnto4rce Q Aort'stata'te0 i. S1fif.•t11#4-wre 1. ontiq W atom a all Iftm 09 30 Inf rm Itllt'r. ., f new". trottird "y, 4 '4. Um- fmiale.,in r" MJgt t»fmOly rotating flolnlot, owsildirta cr afro* ripir4 t 51x>n. Vmiati stet a iw yr ylo be +, ; t } wa:aryfiae to ray at paartiava b to Im fret In strati" st tat area of vRr reaakA-►.!chart moermly ofintt its . l aerfwnm d agf;ly of I to w•4.'' it ra'4Ha are eo e4nOfc trtunt wo COW or r al/taM. reairtre rer the Irving am,ot to afh Sn 1 e 1 4 daft., ttar S Orxretnieaen,"d mr— thinq omtcey"ae yof/harem S6r xM S* r vr1cft O+o rut. s a 1107h t0I SttA7<tr Tmia/Bt rtfn IVA was to MIT" -off 1r. ta9la ae'taaer feat to'Ime, pawl in a•.v to b mrtet a riftr .are tbocr. t t al a Sm l0lit'li. fefarfepfnkf tort of etord -.Tq, or% t.r'Tftons wif ttn �,ct, 7. iraae o0M vmIc141 or otfRY tsll{ymt 9rtYla porn. HN rtli riclr•N•wr itie I sa not totem sl Inr va"d "Imil@r. ti col-5' •tnpRign r4ir4• etpu «.at tie weft in arse of tyyt-lo 1 9 `* Q r "MIT 0:04 lMAV Cats for fradl Cer srx'm iasfgN7Ngr FwK?Aar: a t•_i � i } -t RK t as i i Uef l* ,�rtluat Deyfat.mant.tflaneAcvt+rbn j( s TRAFF iC CONTROL PLAN ,{ It CONVENTIONAL ROAD."Al SHOULDER WORK TCP 42-)c) ' TCP(2•))-18 WORK VEHICLES ON SHOULDER •« na7'lft ,. �. r.xt ar-.ev^ tWt a.. as s•+ .» '^ .w.... . �' CanYfAntiOtiU) Roads t,fr. r.d O, TELEPHONE PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY9 TEXAS Comes now Brazos WIF1 [company name), hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duty authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along the side of Riata Ct starting at Dilly Shaw Tap Rd and continuing to the end of Riata Ct. Alongside Riata Ct there is a l 6afoot PUE that we will stay within. There will be road crossing at the following locations from the starting point of Dilly Shaw Tap Rd. At the intersection of Riata Ct, 420 south and 956 feet south of Dilly Shaw Tap Rd. They direction bore road crossing will be a minimum of36 inches under the bottom of the ditch and a minimum of 60 inches under the. roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the fling of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Vo 1 3 91 pg. �_ Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIR Company Name Tim Hardv By: - li-ftAf* Signature Project Manager Title 12135 S. Hwy 30. College Station. TX 77845 Tddress (972) 999-7010 Telephone Number — - - - tim0brazoswifixom E-mail 127 vol. 3 91 —pg. ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated'` �"3 except as noted below: EXCEPTIONS: Ao�—AL Brazos County Engineer 12 8 Vol. 3 91 Pg. 13 # A. General REquirements 1. Adequate drainage shall be maintainer{ 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 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. Safe , Reaui'renrents 1. Proper traffic control measures must be put in place prior to beginning work: and remain in place during the duration ofthe 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. S. 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; 391 pg. VOL 13 0 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. &Ltgn 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. 0/5. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow tine 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 Litres: All water lines must be a minimum 36-inches below the ditch flow Iine and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone -- 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing rjthe annular space between p►pe and casing and soil e�►ceeds one { l) inch. Brazos County must he given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; 131 Vol. 391 Pg. 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 Traffe 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 commencingT construction. I2. 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 abjection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. ,Enrer enc work .--- _v__...�._.._..�.__— l : _. In the event Company is required'to perfarin mergency services, that requiresn- excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company g. �Jol.. 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 io gr� 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. Relocntiosr of utilities 1. When and if the County Engineer deter ines 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. h It Pressure Pipeliraes 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvne.of Pipeline (below deepest ditch aradei 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 (toad 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. V01. 91 Pg. sp 14 .N sx A& A V. F ROAD S PORK AHEAD groins. Sao ele g ggg Pit go go Z-1 Uvaz 1­4 si of 10, fa to a ragi the MareAl ftao*& A 5)_ — aS Is" mitt A L t) S ROAD WORK AHEAD WD ROAD Ira" W ail z C11.0-10 As- or ?A - As' I At• 41*0 rose VA TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads Vol. 391 pg.134 .7 LEGEM -7 --- viva J Op;' �4:6. a— CreviftwilArq Devices E33) vnr.,. 144 rld"11=0. Down 1j Sim "'MI San frafl;e floo, nolm"Wir far Ine uatoo, 21 # caft-calk,40 Aaact.01ty vot few tervins m.or Dec" rmowa Of#. Tootroril 111-fialn of Offigort(FIJ Sftigica orIt9j, TYPICAU US AVE I is &P= EWA 4, SIASIONSR1, L4,^0 5"im." SIMI&I"Al .1 all Ill., GEMIRAL NOTES I. ri*;u oilogred ii *70% art trOJUILO. I 2V, A$# tmlfgk o"I . I aeft Iggiallpio. taeaq ovou 0101"fit *iIft ZIP I bG -I,- ~ 410114 In file Wool, of, raw STIVIO1 VWid be pj=40�.rjft:�jV�jQ0o`"1,#fr@ f 04 I'mil.0 way, SNOW1, veh?We lift 114 404 nT.A hilmsIly V,Ql!M ffmim 16 S�. alwAlsollm or stow 0;04. k &POW. .'r, 0 r" gFIC-10 bi uW 1:111601, 1* cort Do motittrwo so to go teal to wrow of no Wolt; of cgrwa owar. Itftm FF!!,$41r atuctlig; ing, Wfwvaxv or Oxiilty of or* "oi. if -woov,& ff. '4 tove. preseft, Ow, ft" a, va,% coolIsIon rvigairs fm volfts; artimI to rcm.4 In. pica. lrw 3 sor4copas Or oing, vorvVnrlft iv.;- clor a. 0 u4VAI#.t#cr for old Iftama grotilcot ago rul. Awl#kml Sham'. volviors ,fit TWO vw bor Anglia" at# it. eared Or, faq. M.1 to inm ~ ;. W."r to palm, a ;clor warn $aqcv. S-or Upts-.11 fw Ancularr m­ an itNION Wuvtrgr. t.or"&mA av to x1fre Wk VIM:00" — 0121,107 ra;jImmt Voila be vwuv nuv or, 00*9" a- tra o"I'd VM)galr. ImplocsofCV11110 Coll R= 400h L441.410M for Grgc,,tor, wag% on, axritlawl. roo"q,, ROAD NORK AHEAD ENO IRGAD WORK ROAD f Fa;*44. '40 Flo 4. 1C, 0 MORA I'D 02b.? AHEAD 46' V, 24, is** mow 2iA C P.0; 1 V46, I TRAFFIC CONTROL PLAN CONVENTIONAL ROAD r1un"t MCI Urnow TcP (2- 1 b) TCF (2-10 WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Conventional Roods Conventional Roads VIA ROAD i WORK "D> ORK AHEAD - f NOS* x A$ ROADWORK WORN A$014.CIO-2 464 Z4'Sit mow 2,A liell mi. IVA 1, T4— .4 03", va"104A, 1.n.1& — fracri" ce OlPrl 904,01"t 01n. 4 W. into.. District* r., teft"r. — 4A rw paao utht.— Diticv" aOft aNiw, l rrtgwtt 40 j-65, law 41a, 20S. 225245' 1W S . 35' ­70' W so- 160, 240, I 45 50. L-XS 495' SAO' 45- 15W— TWO, I", 350TW to' too, r- 4 OWF "S, fifial A 5S* —IS01- 553. WO, a 6w 3 —52' fiS,- 13V 700. 430' 100, 1-0 140. ". , AQQ! 7 ",5� , *15, 95 750.1 $40, ". 21 QAtiieN NOTIFICATION OF PROPOSED INSTALLATION AND/OR RE PAIRI OF TELEPHONE FACILITIESAND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Carnes now Brazos WIFE [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along Slippery Rock starting at Fawn Lake Dr and going 1650 feet to the end of the cul de sac of Fawn Lake Dr. There is a 16-foot PUE along Slippery Rock. There will be road crossing at the following locations from the starting point of Fawn Lake Dr. 57 east feet, 712 feet east, and 1255 feet east (comer of Morning Star), of Fawn Lake Dr. They direction bore road crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within ' 60 working days. (COMPANY MUST FILL. IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Vol. 391 P� 3 5 Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardv By: Signature Proiect Manaaer Title - 12135 S. Hwy 30. College Station TX 77845 Address (979) 999-7010 Telephone Number timftrazoswifi.com E-mail v ot. Brazos County offer no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated _ except as noted below: EXCEPTIONS: /Uti vl-� Brazos County Engineer 391 von. P9.13'7 E•-= ;; 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 tape 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, permittec will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittec'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. R. Ia a Re uirements 1. Proper traffic control treasures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plait 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided --for the following._-_.. a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. 391 pg. 139 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 n Stcandards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Sectiolr 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths--- utility may place deeper); a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank, to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure ,gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows. (measured from back of right-of-way). Power — 0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas -- 4 to 6 feet, nominally 5' Cable— 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 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 soiIexceeds one {! }�ineli. _ BrazosµCounty inus be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Evoi. _ 3 91 Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore fits: 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 backf:lling. 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. Enlergency work __� .� .., .._._.___.__ ______ _ _.. __�_ „� __...._ _.._._v 1; iri the event Compaeay`is required Eo perform emergenc3� services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company E 3 9 1 pg. 14 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 ggwing 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 I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said 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 fl'ki, pressare � 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines; Depth Type of Pi el'sne (below deepest ditch eradsI 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 1.0' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline'be installed parallel to a County Roaclwichin the tti�ht-of -' Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol.--! 9 11 Pg. � Vol. 43 a JL� PgJL % 0.1 . 0,e\0 'ROAD ii-Rol -Rot 'A Bolt area fa omininu+ of %al (rem if. mol"t 1010.4fe0 al., qn xSee now. 4 4 ,1 END rot ROAD V011K IFfoos: Saonote to Zv 1 24. Cue late IIA it See mi*# 4 'N 55 ROAD NO" i I i 'ROAD iH0 ROAD WORK AREAD, W X 2#1 44' It 40- mi. 21 A 4 gs. =t. to TCP f2-1o) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1b) WORK SPACE ON SHOULDER Conventionot Roads OU0 note 4 1 it 004 46* x 214. Fier Patio J. A LEGEND wr�coon *0 cra"ItzinqDgwices neatl_ow% vinica. Itsnogio, (IMAI T cm.,00to liesitz%1*7 irLtfil lf4M0 J`'*W A ftwoiiicnly :1 "."i Not tom- Wnt" fare'Debt rawgoo of#, Of ICOWIFYI pi,oilotio rr Offsefiry %,ft*tko toccalwot ...... .. ... I-ItAmt; LOCI Und lot" %lottq.., "'low? 'if GENERAL NOTES 10 onne,. We, 14gulflo. 'kit to oft nculpw. ecom loom n ow, 140mle 03-001 "Itm .;fw ~ stotto in one ormigg P. ittm. tor I- —Une Contra." eap, fol;oW. Slow loomlvrloi. 170,40 D4 Monett 0 atn I*"$, tralt1to -7. 1 a. 90m. velticto, ."'m MI ov Ala% FowcolfIly ratcom foo,"Im out 'eat^. -on; alftc. uipts. a Snom). V4nfco* *I'D 0 IVA immod to �011!1106 item be =4109"" 3d Iii fcofet tacolove4f Ine a" of aft *-~* .1tmv O:h—1, effcflno Ire irg -11 WWA: are lonot"offl 'n'. ;EK C, MI row or re "a Imcf1c � to to 10 W� low 1.0'.C, voreowng 0"191*0 a" two,; tQltd for Iftl wCovi vwc#t ov (VA. S. 001fin,41 %taby irmigIV4 ollft JUA, oft Ce toj-,jjgWoff 10, DO" Me" To fro" W01. to ceft, to 0,01tcy a oton, .m wont. See up4s." Iw 3,00ft, OWA _vjvlow Ww"S• cm 1.foevvit Imocil" "m wtic"I w wor, '4fp�f NMI* cm Vol onewtNo R Sine ow not col-te on one voted opmlow." F40 Mi bm. V" f V24-111 `Slaamm W". STWU may no wo jr, ajo, 't c V, 4nwfG!r tax nn ow."Onnol rvoomm, Irf Ste I i Tcp (2 - I C) WORK VEHICLES ON SHOULDER Conventiorlol Roads Mot` ­lIeve olt" (f.f6fL, 170, isOR Z40, 11 SO 10 Do. sw Go- so- 45 wr 55. I too, 350, OF R 7_70' T4—F . Is— w 77Spa' — TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SkOULDER WORK MCI 1 —.11 PLACEMENTNOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING OF RIGHTOF ,; OCOUNTY ENGINEER O BRAZOS COUNTY, a TEXAS Comes now Brazos WIFI [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along falling Water starting at fawn Labe Dr. and going 1170 feet to cast on Falling Water. There is a 16-foot PUE along Falling Water. There will be two road crossing at 438 feet east and 893 east of fawn Lake Dr on Falling Water. They direction bore road crossing will be a minimum of36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within �60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. 391 144 Pg. - uol. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim hardy____ By: Signature Project Manager Title 12135 S. Huv 30. College Station. TX 77845 Address (979) 999-7010 Telephone Number ti_mCt., brazoswifixorn E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated -3 - r j except as noted below: EXCEPTIONS: JV oMe- Brazos County Engineer A. General Re uirenrents 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, perm ittee 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. Ig eEg RggginMats 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer.. C. Traffic Control Flan 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. 391 pg. 148 b. If construction is within ten (l 0) 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. Des&n ,SltFBYtiQP i . All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Corte, Sectimr 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 ofright-of way). Power — 0 to 2 feet, nominally l' 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; be pressure grouted for the full length of the crossing f the annu_la_r spae_e bettueen pipQ and casing and --b--_ soil- exceeds one (1) inch. BrazosCount), 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. 391 Pg. 149 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; r 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 baclkfilling. 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-o&way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not 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. Emereency 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. 391 Pg.15 0 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 ristin acuities 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 I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said 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. A Hi =h Pressure Pi elitpes 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 fallowing additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines; Depth Tune of Pipeline tbelow 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 of3" thick and width shall be pipe diameter plus 18" minimum. :0 Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol, pg. 5 I /22N taro -la Ast�aTt If( m for tad cnifrea fit. tra; is" min 4 a 61 ROAD Nong AHEAD See note tt TcP (2-tai WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1W WORK SPACE ON SHOULDER I Conventional Roads ' iselt notes 4 & 4u* half If 4 c&"MfIw*l Acadw CAI r I terialm rm- biv, t p at. c-twVm Of Towtirtf alsidin of 0ff"401I S.ftllea scccolwh)", WaItt ii CE14EFIAL.IJOTES at I. fm;$ alla"a if, 0-am* WWI, mcl, we piculan, Z. AM traffic cmuot at.,clem, Iltwaled at ajousygo. "40# Omfea 941% ;fIV V" staleci I'll fro plaft% w 1~0 amono a► the frcirger. Itatkal"d =;0I WIWI* to olmd 0 alalft" of ffml , If, fwwts r.?,* rdw. Ww� vmci. Isr, nit any njoy, fplmjjfj fatcofm pla�m .40110.1 I'M -0 w offew 1;0116 A VICKI. wankle ."'M . IVA of Itr%wt cmeratv aff�tirq fr. of ?ft w My, ft It — to MSTIT.Va 30 to m r"I Ils ww*t of If 1w prort"" out toff a' wra aralrimsxepetrt taTn its 63wiaofte ar Q"*r "tryIes ITIM w.tc" acj, to M*d far the Sim" yonsclai aw nit. I am, sramw YeATOrs .illy Tait on to pnitlar off it. I uefat*4 1M.1 I. trace Ie. ;4 W27, 00 "fc? 0 .,w "j, SIT '01S." far vmlw Wft m 43.00M r,;Q* 0, 4.Mqnsays W4 frelt.0,I6 I=ff" WX A ..'" a, 011ie, IllitAwp sewid to 2,33" rear m 'Ina -icy I ire am rct pyuv m It* M.14 0,M1001'. Jdj a. two. *%W"o IMI* 617M S" pa uwa ;f, *ION pt C111-10 *p-W MM WAD, 4iqd far vm"3cr —1. m ft"k Drps,www OF D"p"Zion TRAFFIC CONTROL FLAN CONVENTIONAL ROAD SHOULDER WORK TCP(2-1)-18 rn.,t� im W. $I"ref t-3 2IA Z? JL . . -IL Vol. pg. LEGEND ff Gin wen frorric via. Qb my 0 ttagacr 11 %=I, at [I MIJW 91001:4, I.Tw %xX4 40 60 aw Ira— W ................... 1 120' iflowl In' t uo; 1U, AS SO -W: so 65 AE0 A95 -IT4—W —' 320• W49— 550. 6W -660, .00. IBM 65, 1101 295 6 M 720, 601 1 120, 6001 ISO' WIN Teo, -ifis, I w 100 4 10, 7 41 9 ffi 540", See notil 11 TCP (2-1c) WORK VEHICLES ON SHOULDER Conventional Roads NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OTELEPHONE i DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI [company name], hereinafter referred to as `.Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore along Fawn Lake Dr. starting at Dilly Shaw Tap going 5400 feet to the end of the cul de sac of Fawn Lake Dr. There is no PUE along Fawn Lakes. There will be road crossing at the following locations from the starting point of Dilly Shaw Tap Rd, 385 feet south, 1168 feet south, 1855 feet south ( corner of Falling dater), 2177 feet south, 2932 feet south, 4925 feet south and 5210 feet south of dilly Shaw "Cap Rd. They direction bore road crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is Vol. 391 pg.. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for jab shutdown, By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: Signature Project Manager Title 12135 S. Hwy 30 CollegeeSStation TX 77845 Address (979) 999-7010 Telephone Number tim@brazoswifi.com E-mail Vol. �34!t fig. Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: r Brazos County Engineer vol. 3 91 Pg. 15 5 A. general R Wredneids 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. R. ga -tg Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the jab. 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. S. 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: 7'raf le Coldrol 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 391 Pg. i t; ry 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 n St aigdards 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 Iighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths.., utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally S' 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, rf the annular space between pipe and casing and soil -exceeds one`(1 }winch. `Brazos County mint: be"given 24 hours notice ofpressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; - J8 Vol. Pg. 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. baekfilled with cement stabilized material. e, 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 back -fill 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 die 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. Emer erne , work I: Ili the- event Company is required fo` 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. ® R 9Pa. 15 9 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. A l gegirs is existing !acili8ies 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 oLutilWes I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said 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. HI-4h Pressure Pipelanes 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 tile permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (Mow deepest ditch grade) Special Reguirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of3" thick and width shall be pipe diameter plus I8" minimum. 5. Under na circumstances willRa 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. Iva 391 Pg. 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Cet/'5 "S- R11CA 4131W $late a¢T tat upN t0 alms of £1st-ta d ! eYBY.to F�R/'!.`(W Aia+y f0• trallAtr rWk al'Cb'Ir6Ye111sat realH71. 1 { yk [ } r :S� $ OapplOr)antaP 7)stlrAa+L+tka u_•..e.n yi FYPtCAt, USAGE ; W¢tLC LtTi £ie(tllt' 7£stl lNTttM+£ateii' L474 1{qf 11DYsi7W S[fllOntN its" SSatlWlsr SiatltNLUf t J ✓ tCP {2-1b) TCP S2.1G) i WORK SPACE ON SHOULDER WORK VEHICLESON SHOULDER1�7•Y.tL.TC tubt_� b I Conventional Roods Conventional Raous .04'41 � 2•/r CONTROL PLAN TiONAL ROAD l.D£R WORK f,>_xa.ta Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 02/21/2023 REQUESTOR GARZA SUZANNE ADDRESS 3305 FREDRICK CT, COLLEGE STATION, TX 77845 OWNER NAME GARZA CATHERINE & SUZANNE PROP ID# 109628 REFUND AMOUNT 1$200,00 REQUESTOR JESSE OR DEBBIE FREMONT ADDRESS 1810 HEARTHSIDE DR ORANGE TX 77630 OWNER NAME JESSE FREMONT PROP ID# 400349 REFUND AMOUNT $10.00 REQUESTOR JOHN & SHEILA DAGRACA ADDRESS 5216 HIGHLANDS DR MCKINNEY TX 75070 OWNER NAME JOHN & SHEILA DAGRACA PROP ID# 112092 REFUND AMOUNT $6.82 RE UESTOR MAKA3 HOLDINGS LLC ADDRESS PO BOX 12208 COLLEGE STATION TX 77842 OWNER NAME MAKA3 HOLDINGS LLC PROP ID# 41613 REFUND AMOUNT $26.73 REQUESTOR A+ FEDERAL CREDIT UNION ADDRESS PO BOX 14867 AUSTIN TX 78761 OWNER NAME CASE STORMY Z & LACEY A PROP ID# 349961 REFUND AMOUNT 1$9.00 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT c Vol. :i 91 -pg. 16 'APPLICATION* FOR TAX REFUND - - Collecting Once Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930. OWNER'S NAME AND ADDRESS GARZA CATHERINE & SUZANNE 3305 FREDRICK CT COLLEGE STATION TX 77845-6324 PROPERTY DESCRIPTION Legal: EDELWEISS ESTATES PH 16, BLOCK 12, LOT 6 Address: 3305 FREDRICK CT , Account # 109628 _TAX PAYMENT IN_FO_R_MATI_O_N Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: GARZA SUZANNE 3305 FREDRICK CT COLLEGE STATION TX 77845-6324 Collecting Tox for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid-.4 Refund Amount Requested - '^ 01/31/2023 $5542.56 $200.00 Sign below and return form to the Brazos County Tax Office. eby-apply for the refund of the bove-described taxes and certify that the information on this form is true and correc " l` na�fu1iate Phone # Emil dress If you make a false statement on this application, you could be found guiltyof a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Th ta�red is 0 Approv [ ]Disapproved �jat, Jai Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT /2023 08:2541" KRISTEEN ROE, CTA PH# (979) 775-9930 9RAZOS COUNTY TAX ASSESSOR COLLECTOR 41.51 COUNTY PARK CT BRYAN, TX 77802 s 3238057 D 011131/2023- P. PAM, y a I ve P 0 0 riRerund L Ve d IroW 'li PAID BY: GARZASUZANNE *F 330e rROQEIklbk CT COLLEGE STATION, TX 77846. -6112- i244000-1 0060 109628 0.0000 GARZA CATHERINE.& SUZANNE ft m EDELWEISS ESTATES PH 16, BLOCK 12, LOTS 3305'FREDRICK0 I COLLEGE sTAT(0 N, 79 77845-6324 IWA 3305 FREDRICK CT P P. ZREFUND ENTITY 2022 0.00000 a 146102 N 200.00 0.00 0.00 0,00 0.00 200.00 BRAZOS COUNTY 2022 0.42941 260.675 48437 N 1.075.99 0.00 - 0.00 0.00 0.00 1,076.99 CITY OF COLL smi 2022 0.52461 250,575 '4a437 N -1,314.55 . a. , 040 0.00 OX0 1,314.55 C%LEGE STATION . ! I . I . . 1: .0.6 . . . .. . isb -2022 1.'17810 260,575 49431 N 2X2.02 O.i10 d.00 '--.-a.do 0.00 ' 2,852.02 6,547-56 Balanie Due As Of 0113112023: -200.00 T R • Check 141 6642.56 -h lemersn 44587(01312023 LE) 6,542.1 Page: 1 l Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code APPL1C9T16N FOR TAX kEETN Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS FREMONT 1ESSE 1810 HEARTHSIDE DR ORANGE TX 77630-9326 Collecting Tax for. (ta)ing entities) Brazos County, City of Bryan, My of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: SCASTA-MILBERGER UNIT 1 EB 130026600-000 CHESAPEAKE OPE/MADiSONV1LLE, W. (WOOD AB 52 /SPARKS, W C SUR .0005670000 R Address: Account# 400349 ' TAX PAYMENT INFORMATION —Name of—Taxing—Unit-1- --Tax'Year of Refund•-- --P 9men1 Date—An1bunt'Patd— -Reflund-Amount-Requested 2REFUND 2022 02/31/2023 $22.97 00.00 Taxpayer's reason for refund: OP -Overpayment REFUND TO: FREMONTJESSE OR DEBBIE 1810 HEARTHSIDE DR ORANGE TX 77630-9326 Sign below and return form to the Brazos County Tax Office. "I hereby appiyfor the refund of the above -described taxes and certify that.the information onthlsform is true and correct" f, a b&oz3 Si `_ ah I3 7340 jessef'ieme'd y4sn .�dw Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION he tax and is App e [ ]Disapproved a�at���• Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. 9 Pg. a _ TAX RECEIPT'-- '`' ` 01/3112023.08MSAM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT I~ . Recelpt:Ntt�mti� BRYAN, TX 77802 3238079 ! - - -_ - :ray �3a r�x — 01/31/202 Aay�ge�t�Tye _ _ P, dyr�er�tGo�e� _ Over/Retund - • `iotal'Pald� ��4=`� " 522.97 PAID BY: FREMONT JESSE OR DEBBIE 1810.HEARTHSIDE DR - ORANGE, TX 77630 �v :• -....+ , a r tONther�[Varr>: +and�A d�a,�,ti�, =,PxF_.P.!✓rty'..ID.?� �~, :• r,s.' Rt�<is1L g_ I,AcreS_::4" '—-r- „ 400349 I30-026600-000-R030026600000R001006 I0.0000 F.REMONTJESSE ,. .:. .";• ri: �; :gin. "� 1;7:.=,,�Lega[>Desc iptlop�. :sue ; rk+�:.. .; .. -.. 1810 HEMpslDE DR I OMffGE,TX 77630-9326 I ,SCASTA•MILBERGER UNIT 1 EB 130026600-000 CHESAPEAKE OPEIMADISONVILLE, W. (WOODAS 621 •ISPARKS, W C SUR .0005670000 R - <i~ "t.t r� , : ��.` 1Yi2ar, kfWRateysrx�: �tatileVal� ue 5tiilt'#':r� i/gid a%4 OriN ly aic ;0iscnts�B�,:3 P$Ir r/t[Feesti'Qverage-dii�puiif?Pd LREFUNDENTITY 2022 0.00000 •0.-146101 N 10.00 ; ;.Q:QO' :; Q.00 "0.Q0 0.00. 10.00 ' EMG SVCS DIST#2 • • 2022 O.D2239 `•915• . 46184 ' 'N Q:1.6; : °O:OQ;;.: _s;>'0:00,,. — • 0,00 0-Q0 BRAZOS COUNTY 2022 0.42941. • :81S • 46164 _ N . 3.50 • , t ;c 0 001�, , : OiUO ;; ; 0,00, 0.00 .3:5.0 BRYANISD 2022 1.1398b.s ;@1& 46184 ,N ;9.28; =:f ;Oti00; `•,,'.0;00 0,00 0.00 -,9,29: '22.97 �} Balance Due As Of 0113112023:.10.60 1<e�S1bTa+i : r '•,`aDi�3wl '.: „� ,_, • : :.v,L�' -' - w .�= i n�+. q : 'p" = Pp :U rr ?�_.a:a;:::• • ��F �:� xx. D'esc�ip lo,;�� � •; s:�� �'� Rfo' r1 Check 10365 22.97 22.67 N01. 3 9 t pg.-- �- Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code APPLICATION OOR ►AX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS DAGRACA JOHN V & SHEILA MARY 5216 HIGHLANDS DR MCKINNEY`TX 75070-7624 PROPERTY DESCRIPTION Legal: T.C.C., BLOCK 1, LOT 18 Address: 1319 CANYON CREEK (PVT) CIR , Account# 112092 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund - 219EFUND- - 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: DAGRACA JOHN V & SHEILA MARY 5216 HIGHLANDS DR MCKINNEY TX 75070-7624 Collecting Toxfor. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ESQ, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested - 01/31/2023 $3993.19 _ $6.82 . - -_ _ _ __ _ - Sign below and return form to the Brazos County Tax office. "1 hereby apply for the refund of the above -described taxes and certify that the Information on this form is true and correct." { cc, 4 ,�°- 7 { Signature Date Phone g E'llail Addre,% if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DEt WAiION , i. \e taxes Inds App oved ( I Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date VOL _ 3 91 Pg. TAX RECEIPT 02/03/2023 02:11PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT Receipt Number BRYAN, TX 77802 3240925 Date Pasted - 0W-12023 Payment Type P Payment Code OvertRefund Total Paid $3,993.19 PAID BY: DAGRACA JOHN V & SHEILA MARY_ 5216 HIGHLANDS DR MCKINNEY, TX 75070-7624 Property ID Goo Legal Acres 112092 599200-0001-0180- 0.0000 Legal Description T.C.C., BLOCK I. 18 -LOT Situs DBA Name 1319 CANYON CREEK (PVT) CIR . Entity Year Rate Taxable Value Stmt# Void CITY OF COLL STAT. 2022 0.62461 186.967 32829 N BRAZOS COUNTY 2022 0.42941 186,957 32829 N COLLEGE STATION ISO 2022 1.17810 186.967 32829 N Z REFUND ENTITY 2022 0.00000 0 146176 N Owner game and Address DAGRACA JOHN V & SHEILA MARY 5216 HIGHLANDS DR MCKINNEY, TX 75D704624 Original Tax Discnts P81 Att Fees Overage Amount Pd 980.85 0.00 0.00 0.00 0.00 980.85 80286 0.00 0.00 0.00 0.00 802.86 2,20266 0.00 0.00 0.00 0.00 2,20266 8.82 0.00 0.00 0.00 0.00 6.82 3,993.19 Balance Due As Of 01f3I12023: -6.82 Tender Details Description Amount Check 4426 3993.19 3993.19 V�I. 391 pg.16 vol.�� Operator Batch - Total Paid tmoore 44662 (kTL Batch9:308_02032023) 3,993:19 P29e:1 Recelpt Issued In Accordance with Section 31.075 of the Texas Property Tau Code APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS MAKA3 HOLDINGS LLC PO BOX 12208 COLLEGE STATION TX 77842-2208 PROPERTY DESCRIPTION Legal: SKRIVANEK SEC 1, BLOCK 4, LOT Address: 1400 VILLAGE DR , Account# 41613 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 - Taxpayees reason for refund: OP -Overpayment REFUND TO: MAKA3 HOLDINGS LLC PO BOX 12208 COLLEGE STATION TX 77842-2208 Collecting Toxfor (taxing entities) Brazos County, City of Bryan, City of -College Station Bryan ISO, College Station ISO, FI, F2, F3, F4, City of Kurten, Navasota ISO Payment Date Amount Paid Refund Amount Requested 01/24/Z023 $2967.29 $26.73 sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct'• sir nature I bate 9 71 -- S .7 4- - 7 y 1±'e: �_6_lqzc - i8 0 sue, C6 Phone # Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Exr, is ( Approved ]Disapproved a jai 1a3 Authorized Officer Signature Date Authorized officer of taxing unit for refund applications over amount required under section 31.11 Tax Code Authorized Officer Signature Date 169:. g TAX RECEIPT 01/24/2023 09:16AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: MAKA3 HOLDINGS LLC PO BOX 12208 COLLEGE STATION, TX 77842-2208 Property ID Geo Legal Acres 41613 574500-0004-0040 0,0000 Legal Description SKRIVANEK SEC 1. BLOCK 4, LOT 4 Situs DBA Name 1400 VILLAGE DR . Receipt Number 3233260 Date Posted OW412023 Payment Type P Payment Code Over/Refund Total Paid $2,967.29 Owner Name and Address MAKA3 HOLDINGS LLC PO BOX 12208 COLLEGE STATION, TX 77842-2208 Entity Year state Taxable Value Stmt # Vold Original Tax Discnts P&I Att Fees Overage Amount Pd Z REFUND ENTITY 2022 0.00000 0 146068 N 26.73 0.00 0.00 0.00 0.00 26.73 BRAZOS COUNTY 2022 OA2941 275,834 80531 N 592.23 0.00 0.00 0.00 0.00 592.23 CITY OF COLL. STAT. 2022 0.52461 275,e34 80531 N 723.53 0.00 0.00 0.00 0.00 723.53 COLLEGE STATION ISD 2022 1.17810 275,834 80531 N 1.624.80 0.00 0.00 0.00 0.00 1,624.80 . 2,967.29 Balance Due As Of 01/2412023: -26.73 Tender Details Description Amount Check 2225 2967.29 2967.29 i VOL Pg17 0.Operator Batch Total Paid tmoore 44446 (Ot/24/2023Tq 2,967.2s i Page: 1 Receipt issued in Accordancewith Section 31.075 of the Texas Property Tax Code TMA f--'`- - 3 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979 775-9930 OWNER'S NAME AND ADDRESS CASE STORMY Z & LACEY A 938 MADRONE DR GEORGEPOWN, TX 78628 PROPERTY DESCRIPTION Legal: AUTUMN LAKE PH 3, BLOCK 9, LOT 2 Address: 2027 TURNING LEAF DR , Account# 349961 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFQND 2022 Taxpayees reason for refund: OP -Overpayment REFUND TO: A+ FEDERAL CREDIT UNION PO BOX 14867 AUSTIN TX 78761 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid o1/24/2023 $4854.24 Refund Amount Requested $9.00 Sign below and return form to the Brazos County Tax Office. Nl hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." a0p - .l Signature W— �,GGI�YY��- Date b� —30c-k:,Co?C0 Phone d Email Address (9? Q.P 1 us-PC,(h 111T if you make a false statement on this application, you could he found guilty of a Class A misdemeanor or a state ]ail felony under Texas Penal Code Section 37.10. 1 TAX REFUND DETERMINATION he tax re d is j pproved j ] Disapproved Zz- Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 01/24/2023 08:39AM KRISTEEN-ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: A+ FEDERAL CREDIT UNION PO BOX 14867 AUSTIN, TX 78761-4867 Property 1D Geo 349961 118895-0309-0020 Legal Description AUTUMN LAKE PH 3, BLOCK 9, LOT 2 Situs D13A Name 2027 TURNING LEAF DR Receipt Number 3233186 Date Posted 01124/2023 Payment Type P Payment Cade Over/Refund Total Paid $4,864.24 Legal Acres Owner Name and Address 0.0000 CASE STORMY Z & LACEY A 938 MADRONE DR GEORGETOWN, TX 78628 Entity Year Rate Taxable Value Stmt # Vold Original Tax Discnts P&I Att Fees Overage Amount Pd Z REFUND ENTITY 2o22 0.00000 0 146068 N 9.00 0.00 0.00 0.00 0.00 0.00 0.00 9.00 0.00 948.74 BRAZOS COUNTY CITY OF BRYAN 2022 2022 0.42941 0.62400 220,940 220,940 22906 22906 N N 948.74 1,378.66 0.00 0.00 0.00 0.00 0.00 1,378.86 BRYAN ISD 2022 1.13960 220,940 22906 N 2,517.84 0.00 0.00 0.00 0.00 2,517.84 4,854.24 Balance Due As Of 0112412023:.9.00 Tender Details Description Amount Check 213671 4854.24 4854.24 Vol. 3 91 Operator Batch tmoore 44446 (01/2412023TM) Page; I Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Cade r Total Paid 4,854.24 'i i TMM�mdtkN.Ma I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 20.01— 20.06 On this the 2151 day of February 2023 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. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 21s' day of February 2023 the Court heard and approved a budget amendment(s) for the 2022-2023 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2111 day of February 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget EVol. — —v--.; - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 20.01 2/2112023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriff Office - Non Capital Departmental Support Expenditure 28,930.98 General Fund Expenditure 28 930.98 General Permanent Improvement Fund Revenue 28 930.98 General Permanent Improvement Fund Sheriff Office - Capital Capital Outlay Expenditure 28 930.98 Sheriffs Office - Administration Reallocation of funds to purchase three Mlacement smart televisions for the Command Ccnte c at the Sh riffs Office Administration Building. ± NNP� 2/15/20231 - .... 9- l�- "County Judge Approval Date. ; For Oracle Entry Only FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 28060006 60500000 (28,930.98 01000 00000000 91110000 28 930,98 45000 00000000 49028000 28,930.98 45000 63280001 80281000 28 930.98 E01 3 91 Pg. - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 20.02 2/2412n23 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Constable 3 Bullet Resistant Shield Grant Departmental Support E enditure 18 778.80 Grant Fund Constable 3 Bullet Resistant Shield Grant Capital Outlay Expenditure 18,779.80 Constable Pet #3 Bullet Resistant Shield Grant Reallocation of funds to purchase three ballistic shields. NNPI Late: _ _ _ _ 211512023J a ja�.ja3 County Judge Appro_ al _ _ Date F6r,OracIe Ent Ont . , FUND DIV ACCT Change in Budget ACCOUNT NAME 30000 303002 60500000 (18,778.80) 30000 303002 80286000 18,778.80 Vol. pg. f 7 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No, 22123 - 20.03 2/21/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 1,138.36 General Fund Juvenile Services - Administration Departmental Support Expenditure 1,138.36 Juvenile Administration Reallocation of funds to replace a desk that was damaged due to a leak in the roof during a rain NNP Late ._ �_.._.� ._2/16/20231 County Judge Approv_a1 ForOraele Entry Only - FUND DIV ACCT' Change In Budget ACCOUNTNAME 01000 11001500 61130000 (1,138.36 01000 31000100 60360000 1,138.36 Fol. 391 pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 20.04 9194Mnn_ FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent Improvement Fund Commissioner's Court - Capital Departmental Support DMenditure 34,710.00 General Permanent Improvement Fund Fleet Shop - Light Equipment Capital Capital Outlay Ex enditure 1,600.00 General Permanent Improvement Fund Sheriff Office - Capital Capital Outlay Expenditure 20 810.00 General Permanent Improvement Fund Sheriff Office - Jail - Capital Capital Outlay Expenditure 3,200.00 General Permanent Improvement Fund Constable Precinct 1- Capital Capital Outlay Expenditure 1,600.00 General Permanent Im rovement Fund Constable Precinct 2 - Capital - Capital Outlay Expenditure 2,950.00 General Permanent Improvement Fund Constable Precinct 3 - Capital Capital Outlay Expenditure 1,600.00 General Permanent Improvement Fund Constable Precinct 4 - Capital Capital Outlay enditure 2,950.00 General Permanent Improvement Fund Reallocation of funds to purchase cargo boxes for patrol units that were replaced in FY 24 2023. (FY 2-1 - 7 Cargo ox and FY 2023 - 15 Cargo Boxes) ,Date: _ W2/15/20231 -- ._ -- I Count Jud e A oval _ Date j .-.Y_ 9 PP__ For6ricleEnfiyOnlk FUND DIV ACCT Change In Budget ACCOUNT NAME 45000 63110001 61130000 (34,710.00 45000 63111000 80890000 1,600.00 45000 63280001 80890000 20,810.00 45000 63280D21 80890000 3,200.00 45000 63301001 80890000 1,600.00 45000 63302001 80890000 Z950.00 45000 63303001 80890000 1,600.00 45000 6330400I 80890000 2.950.00 E P9' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 20.05 2/2112022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE District Clerk Records Management Fund District Clerk Records Management Fund Departmental Support Exi3enditure 149 231.20 District Clerk Records Management Fund District Clerk Records Management Fund Contractual Services Expenditure 149 31.20 District Clerk Records Management Fund Reallocation of funds to cover the expense in preservation and scanning of several historica F, NNP 2/15i20231,, County Judge Approval— _ _ w_`_ Date _ 1 Fof Oracle Entry Only FUND DIV ACCT Change In Budget ACCOUNT NAME 23000 20005000 61130000 (149,231.20 23000 20005000 71300000 149,231.20 Vol. 3 91 pg. 178 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 20.06 2/21/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent Improvement Fund Sheriff Office - Capital Capital Outlay Expenditure 37,130.00 General Permanent Improvement Fund Fleet Shop - Light Equipment Capital Capital Outla nditure 37,130.00 General Permanent Improvement Fund Reallocation of funds from the Sheriff's Office: Administration to Light Fleet Shop for a vehicle replacement. Denat the replacement vehicle that arrived due to wron color of . Manufacture discontinued the certain that has been ast. {PO 2 e. NNP iDate: 2l15/2023 Date j For Oracle Entry Only FUND DIV ACCT Change in Budget ACCOUNT NAME 45000 63280001 80990000 37 130.00) 45000 63111000 80890000 37,130.00 Vol. 3 91 Pg. 17 9 Personnel Change of Status ( Feb 16, 2023 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 02-21-2023 Human Resources Consider and Take Action on Change Employment %a ` n,, Departniet Na�)me, r x` {{ X' ,f`t3�.�A ' ; Em yee Name District Attorney - Administration Davis, Rebecca Sheriff Office - Jail Administration Lopez, Richard Exposition Center -Administration WNW, Gavin Facilities Services - Ajdministration Meyer, Rodney yy i Separations A a artmennEah#emu 4- NNl_.- -Epeme` ' r ''. Wle County Attorney - Administration Arnold, Keliye District Attorney - Administration Salas, Sandra Sheriff Office - Jali Administration Thomas, WOhsha '}`,,s� '''��:`'s '�.�� ;. {�"•. Approved in Commissioners' Court: 02-21-20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 391 p9: PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 02-21-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney — Administration Golden, Ryan Sheriff Office - Administration Wallace, Heather Sheriff Office —Jail ' Tax Assessor - Collector Camper, Aaron Chaput, Michael Gibbs, Myrtle Hathaway, Stephanie Hemphill, Erma Horton, Charles Nowlin, Lorenzia Johnson, Linda Stockmoe, John Approved in Commissioners' Court: 02-21-2023: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status E 3 41 Pg. 18 1