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2024/03/26 REGULAR SESSION 10:00 AM
FILED FOR RECORD OFF. DATE .3` 7 . AT 1 029 O'CLOCK M A N MC EN oc A OS U L K By 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 MARCH 26, 2024AT 10:00AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation of the Horticulture Extension Agent for Brazos County by Eric Zimmerman. Consider and take action on agenda items: 4 -31 4. Proclamation 24-011 declaring March 29, 2024 as Sheriff Leonard E. Morehead Day in recognition of his service and selfless sacrifice to the citizens of Brazos County, Texas. 5. Appointment of Captain Luis Villanueva of The Salvation Army as the Donations Coordinator for Brazos County. 6. Approval of appointments and reappointments of the following to the Homeland Security Advisory Committee. Term of appointments and reappointments will be April 1, 2024—March 31, 2025. Appointments: • a. Tom Kettle,Associate Director, TAMU Emergency Management • b. Jason Ware, Deputy EMC, Brazos County Reappointments: • c. Eric Buske, Police Chief, City of Bryan • d. Curtis Darby,Assistant Police Chief, City of Bryan • e. Rich Giusti, Fire Chief, City of Bryan • f. Jeanelle Johnson, EMC, City of Bryan • g. Scott Smith, CI SO, City of Bryan • h. Tradd Mills, EMC, City of College Station • i. Katie Reiter, Lieutenant, Police Department, City of College Station • j. Leslie Lutz,Assistant Director, TAMU Emergency Management • k. Amanda Fox, Emergency Management Specialist, TAMU Emergency Management • I. Paul Martinez, Chief Deputy, Brazos County Sheriff's Office • m. Michele Meade, EMC, Brazos County • n. Steve Aldrich, Commissioner Pct. 1, Brazos County • o. Rick Wagner, Brazos County Firefighters Association, President • p. Santos Navarette, Director, Brazos County Health District • q. Arthur Davila, Public Health Emergency Preparedness Coordinator, Brazos County Health District • r. Patrick Corley, Executive Director, Brazos County 9-1-1 District • s. David Dibello, Senior Systems Administrator, Brazos County 9-1-1 District • t. Peggi Goss, President and CEO, United Way 7. Approval of reappointment of Mark Carrabba to the Bryan and Brazos County Economic Development Foundation Board. Term of appointment is January 1, 2024 - December 31, 2025. 8. Approval requested from the Public Defender's Office (P DO)to submit a grant modification to TI DC which will allow the PDO to begin accepting misdemeanor and felony appeals. This request has no effect on the current FY budget. 9. Approval requested from Risk Management for property renewal with Texas Association of Counties to include buildings, mobile equipment and unmanned aircraft and fine arts. 10. Approval of Change Order#1 to CI P#23-599 Roof Access Stair Project for the cost of a RAS review of the contract documents and assessments of all three sites in the amount of$625.00, making the total amount of the contract$18,965.00. 11. Approval of IQ #24-097 Concrete Delivery to Contractor Site. Recommended Award - BPI Materials, LLC. 12. Approval of Amendment#1 to Contract#24-110R, Psychological Evaluations of Applicants for Brazos County to increase price and to renew for another year. 13. Approval of the following committee for RFP CIP#24-608 Jail Shower Renovations. • a.Abigail Belangeri • b. Matt Mayo • c. Bob Lamkin • d. Purchasing - Non-Voting • e. Legal - Non-Voting • f. Burditt(Architect)- Non-Voting 14. Permission to Advertise CI P#24-608 Jail Shower Renovations. 15. Approval of the following committee for RFP CI P#24-618 Harpers Ferry Road & Cricket Pass Reconstruction. • a. Prarthana Banerji • b. Fred Paine • c. Jimmy LeFlore • d. Purchasing - Non-Voting • e. Legal- Non Voting • f. GLS (Engineer)- Non-Voting 16. Permission to Advertise CI P#24-618 Harpers Ferry Road & Cricket Pass Reconstruction. 17. Approval of CI P#24-632 for Critical Records Management with Kofile. 18. Approval of Contract CI P#24-636 Courthouse Elevator Replacement with Kone Inc. 19. Request for approval of the Final Plat of Breedlove Subdivision; 18.07 Acres; William Dunn Survey,Abstract 108; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 20. Consider and take action to close, vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 3,4 and 5 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. 21. Consider and take action to close, vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 6,7 and 8 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. 22. Consider and take action on the Wellborn SUD utility permit to install an 80 foot road bore for a 1.5-inch service line to be installed for BTU Control building located on Kathy Fleming Road. Site is located in Precinct 1. 23. Consider and take action on the Frontier Communication utility permit to lay fiber optic cable for high speed internet service along Chick Lane. Site is located in Precinct 4. 24. Consider and take action on the Wellbom SUD utility permit to construct 40 foot road bore fora 1-inch service line to be installed at 11670 River Road. Site is located in Precinct 4. 25. Approval of the Treasurer's Report for January 2024. 26. Tax Refund Applications for the following: Overpayments • a. John& Katherine Jahnke-$190.08 • b. Roger Witt Bearrie -$64.20 • c. Wildfire Energy Operating -$44.54 • d. Alma Yolanda Alvarado -$69.01 • e. Maria Serrato -#1,555.40 Payment in Error • f. Corelogic-$2,057.02 27. Budget Amendments. • FY 23/24 Budget Amendments 24.01 -24.06 28. Personnel Change of Status. • a. Personnel Action Forms • b. Employment& Separations 29. Payment of Claims. 30. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.071 to consult with attorney about pending litigation and/or a settlement offer. • b. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • c. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. • d. Texas Government Code §551.087 for deliberation regarding economic development negotiations. 31. Consider and possible action on Executive Sessions. 32. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of March 20, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of March 20, 2024. 33. Acknowledgement of the 2023 Annual Report for Amber Alert Network Brazos Valley. 34. Acknowledgement of monthly reports submitted in March 2024. 35. Juvenile director's report on detention population. 36. Sheriff's report on inmate population. 37. Announcement of interest items and possible future agenda topics. 38. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees, individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting 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 Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOS0OUNTYTX 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. ••;'4?+C E DF J :* rY DF MINUTES MARCH 26, 2024 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, March 26, 2024 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. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Cathy Viens expressed her concern over a grant application that was approved on a previous agenda. She noted that the Commissioner Court has the authority to revise voting systems. Mrs. Viens then requested that the Sheriff's Office provide citizen status on inmates in the county jail as part of their weekly report. 3. Presentations and/or Discussions • Presentation of the Horticulture Extension Agent for Brazos County by Eric Zimmerman. Eric Zimmerman introduced Horticulture Extension Agent Stephen Brueggerhoff. Mr. Brueggerhoff has a Bachelor of Science in Horticulture from Sam Houston State University and a Masters of Urban Horticulture and Botanic Garden Administration. Mr. Zimmerman said Mr. Brueggerhoff has worked as an Extension Agent in Galveston and Brazoria Counties and is a Master Gardner. Mr. Brueggerhoff stated he is looking forward to serving the community. The Court welcomed Mr. Brueggerhoff to Brazos County. Consider and take action on agenda items: 4 -31 4. Proclamation 24-011 declaring March 29, 2024 as Sheriff Leonard E. Morehead Day in recognition of his service and selfless sacrifice to the citizens of Brazos County, Texas. The Court voted unanimously to adopt Proclamation 24-011 proclaiming March 29, 2024 as Sheriff Leonard E. Morehead Day. Sheriff Dicky said that this proclamation is a sad reminder of the dangerous job law enforcement officers perform daily. Sheriff Dicky thanked his wife, Vicky for the research on Sheriff Morehead's life and he invited the community to attend the remembrance ceremony on Friday, March 29, 2024 at 10:00 a.m. at the Bryan City Cemetery. A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 5. Appointment of Captain Luis Villanueva of The Salvation Army as the Donations Coordinator for Brazos County. Commissioner Aldrich asked how the supervisory committee works with the donation coordinator. Emergency Manager Michele Meade explained that when donations are raised the committee meets to determine where the funds should be distributed. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of appointments and reappointments of the following to the Homeland Security Advisory Committee. Term of appointments and reappointments will be April 1, 2024— March 31, 202 Appointments: • a. Tom Kettle,Associate Director, TAMU Emergency Management • b. Jason Ware, Deputy EMC, Brazos County Reappointments: • c. Eric Buske, Police Chief, City of Bryan • d. Curtis Darby,Assistant Police Chief, City of Bryan • e. Rich Giusti, Fire Chief, City of Bryan • f. Jeanelle Johnson, EMC, City of Bryan • g. Scott Smith, CISO, City of Bryan • h. Tradd Mills, EMC, City of College Station • i. Katie Reiter, Lieutenant, Police Department, City of College Station • j. Leslie Lutz,Assistant Director, TAMU Emergency Management • k. Amanda Fox, Emergency Management Specialist, TAMU Emergency Management • I. Paul Martinez, Chief Deputy, Brazos County Sheriff's Office • m. Michele Meade, EMC, Brazos County • n. Steve Aldrich, Commissioner Pct. 1, Brazos County • o. Rick Wagner, Brazos County Firefighters Association, President • p. Santos Navarette, Director, Brazos County Health District • q. Arthur Davila, Public Health Emergency Preparedness Coordinator, Brazos County Health District • r. Patrick Corley, Executive Director, Brazos County 9-1-1 District • s. David Dibello, Senior Systems Administrator, Brazos County 9-1-1 District • t. Peggi Goss, President and CEO, United Way Commissioner Berry asked Commissioner Aldrich, who serves on the committee, how often the Board meets. Commissioner Aldrich answered they meet monthly or more often if needed. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of reappointment of Mark Carrabba to the Bryan and Brazos County Economic Development Foundation Board. Term of appointment is January 1, 2024 - December 31, 2025. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Other. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval requested from the Public Defender's Office (PDO)to submit a grant modification to TI DC which will allow the PDO to begin accepting misdemeanor and felony appeals. This request has no effect on the current FY budget. A copy of the grant request is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Approval requested from Risk Management for property renewal with Texas Association of Counties to include buildings, mobile equipment and unmanned aircraft and fine arts. A copy of the renewal is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Change Order#1 to CI P#23-599 Roof Access Stair Project for the cost of a RAS review of the contract documents and assessments of all three sites in the amount of$625.00, making the total amount of the contract$18,965.00. A copy of the change order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of IQ #24-097 Concrete Delivery to Contractor Site. Recommended Award - BPI Materials, LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Contract IQ #24-097 Concrete Delivery to Contractor Site to BPI Materials, LLC. A copy of the contract and bid tabulation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Amendment#1 to Contract#24-110R, Psychological Evaluations of Applicants for Brazos County to increase price and to renew for another year. A copy of the amended contract and renewal with Dr. Roy Luepnitz, Ph.D. is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of the following committee for RFP CI P#24-608 Jail Shower Renovations. • a.Abigail Belangeri • b. Matt Mayo • c. Bob Lamkin • d. Purchasing - Non-Voting • e. Legal - Non-Voting • f. Burditt (Architect)- Non-Voting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Permission to Advertise CI P#24-608 Jail Shower Renovations. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of the following committee for RFP CI P#24-618 Harpers Ferry Road & Cricket Pass Reconstruction. • a. Prarthana Banerji • b. Fred Paine • c. Jimmy LeFlore • d. Purchasing - Non-Voting • e. Legal - Non Voting • f. GLS (Engineer)- Non-Voting Commissioner Aldrich commented he has received positive feedback from a meeting that took place with the residents of Nantucket and the Road and Bridge Department. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 16. Permission to Advertise CI P#24-618 Harpers Ferry Road & Cricket Pass Reconstruction. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 17. Approval of CI P#24-632 for Critical Records Management with Kofile. A copy of the contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Approval of Contract CI P#24-636 Courthouse Elevator Replacement with Kone Inc. A copy of the contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Request for approval of the Final Plat of Breedlove Subdivision; 18.07 Acres; William Dunn Survey,Abstract 108; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Consider and take action to close, vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 3,4 and 5 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 21. Consider and take action to close, vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 6,7 and 8 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Consider and take action on the Wellborn SUD utility permit to install an 80 foot road bore for a 1.5-inch service line to be installed for BTU Control building located on Kathy Fleming Road. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Consider and take action on the Frontier Communication utility permit to lay fiber optic cable for high speed intemet service along Chick Lane. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Other. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 24. Consider and take action on the Wellborn SUD utility permit to construct 40 foot road bore fora 1-inch service line to be installed at 11670 River Road. Site is located in Precinct 4. Motion:Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 25. Approval of the Treasurer's Report for January 2024. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for January 2024.A copy is attached and made a part of these minutes. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 26. Tax Refund Applications for the following: Overpayments • a. John & Katherine Jahnke -$190.08 • b. Roger Witt Bearrie -$64.20 • c. Wildfire Energy Operating -$44.54 • d. Alma Yolanda Alvarado -$69.01 • e. Maria Serrato -#1,555.40 Payment in Error • f. Corelogic-$2,057.02 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 27. Budget Amendments. • FY 23/24 Budget Amendments 24.01 -24.06 24.01 Reallocate General Permanent Improvement Funds. 24.02 Transfer funds from 472nd District Court to Health Department, Sheriff's Office, and Road and Bridge Department. 24.03 Reallocate Facility Services Funds. 24.04 Transfer funds from Contingency to Facility Services. 24.05 Reallocate American Rescue Plan Revenue Replacement Funds. 24.06 Reallocate FY2023-2024 - SB 22 Rural Law Enforcement Salary Assistance Program Grant Funds. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 28. Personnel Change of Status. • a. Personnel Action Forms • b. Employment& Separations A copy of the Personnel Change of Status requests is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 29. Payment of Claims. Claims 8201639 -8201817 9200656 -9200705 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 30. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.071 to consult with attorney about pending litigation and/or a settlement offer. • b. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • c. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. • d. Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 32 through 37 and then return to convene into Executive Session. Having considered the previously noted agenda items, General Counsel Bruce Erratt submitted a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third party. A motion was offered by Commissioner Berry to meet in closed Executive Session as per Mr. Erratt's recommendation. The motion was seconded by Commissioner Konderla and the motion passed unanimously by a show of hands. At 10:28 a.m. the County Judge announced the meeting closed to the public, so the Court could convene into Executive Session as stated above. The following individuals were asked to attend session Executive Session (a): Cheryl Coffman, Executive Assistant Bruce Erratt, General Counsel Allison Lindblade, Assistant General Counsel Ed Bull, Chief of Staff Jennifer Salazar, Human Resources Director Raeanna McConathy, Human Resources Assistant Director The following individuals were asked to attend session Executive Session (b): Cheryl Coffman, Executive Assistant Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Ed Bull, Chief of Staff Charles Wendt, Purchasing Agent The following individuals were asked to attend session Executive Session (c): Cheryl Coffman, Executive Assistant Bruce Erratt, General Counsel Allison Lindblade, Assistant General Counsel Ed Bull, Chief of Staff The following individuals were asked to attend session Executive Session (d): Cheryl Coffman, Executive Assistant Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Ed Bull, Chief of Staff Kimberly Roach, Intergovernmental Liaison 31. Consider and possible action on Executive Sessions. At 11:25 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Sessions. 32. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of March 20, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of March 20, 2024. The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of March 20, 2024. 33. Acknowledgement of the 2023 Annual Report for Amber Alert Network Brazos Valley. The Court acknowledged receipt of the 2023 Annual Report for Amber Alert Network Brazos Valley. 34. Acknowledgement of monthly reports submitted in March 2024. The Court acknowledged receipt of the Extension Service reports submitted in March 2024 and acknowledged receipt of reports from the County Clerk and Constable, Precinct 2 office showing revenues collected and remitted to the County Treasurer. 35. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 23 are male and 9 are female, and 47 have electronic monitors. 36. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there are 797 inmates in jail, 677 are male and 120 are female, and 42 have electronic monitors. 37. Announcement of interest items and possible future agenda topics. There were no announcements. 38. Adjourn. rf y *. fir* The foregoing minutes of the Commissioners Court Meeting held March 26, 2024, have been examined and are approved in open Court this 9th day of April 2024,in Bryan,Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Chuck Konderla Nancy Berry v Commissioner, Precinct 2 Commissioner, Precinct 3 Or L/LL, A*-41.44it. Wanda J. Watso Commissioner, P - nct 4 Attest: Karen McQueen County Clerk Pg4of u BRAZOS COUNTY COMMISSIONER' S COURT .(p DAY OF , 20 D ` DSI/PM, rK u c Name Organization (PLEASE PRINT) (PLEASE PRINT) c()line i-'\ Co - l-ef.- Pts-Agbe Q-- r -Avwma" Co. Cierfr O-i lef t t_ cr-t- r if -A) *1(10 I . &r z65 Cour](-‘_/ Mas &r 6cr ene 'A i ww,464, � - - tqc,b . „fewrit4ff- )-3- .-'12.7PR itki,( kuo --t7Qty I NLJL f)x-A-k"."-X � � � Pg1of Li BRAZOS COUNTY COMMISSIONER' S COURT 01" DAY OF fLcA , 20 ,.L1 1 D a C t A /PM, ig.elolaAr Name Organization (PLEASE PRINT) (PLEASE PRINT) "I\A L/ivi Ck ( iue' 0ji ‘ In. C2A-S640- L.-, k o ii \t (- kt,,---s oh , V U' (21.--, .Q____. \ii:c 1C: StArtIn Di( ii,/\ � e , TCr\ n N,, r FLI (roc I L VI ; Hai()a «lirf 1 CRAlili is I iii0j l'. 1(A \--kluAlin eMiket QL,raikul ri a,,,, ), p),6, , at 6c /04 ,1 -) A,,,, 6--. .... 4...m_ W--zic-/-6i ,,,Jost- 6 L ,6c- ISpov) cy P-Actuy, PytA cAoye -fr_ r\C\iN/V �.� QiO - g_ .,1 Q.,vv,6 o v. Pg 3 of y BRAZOS COUNTY COMMISSIONER' S COURT ko4w DAY OF t-'larch , 20 24 I o', 00 (AM/PM, eRe ,)1a4- Name Organization (PLEASE PRINT) (PLEASE PRINT) c 4 Rr- ,f4 6CYn 6 s' AJ / SA ta,\ Elkios-mv t Ifs L-kLeAkock )(3T F;14,1 1—ex6c- icg /7 A \14‘‘okpAi), c° 11Aaci- b11 co -1J4 /Cs Wf / r � � ,6/ 30 Pg14 of L4 BRAZOS COUNTY COMMISSIONER' S COURT DAY OF Wyd,\ , 20 J- 1 0: op /PM, Keno, lair Name Organization (PLEASE PRINT) (PLEASE PRINT) 111# 471-744(4)0') iftL41\- &ILO CI - VI G L:Sc A- ®t.- s Co . ,c-c_U C 6-'\S\--4v1 Val ) I l e6,s cZoqCurr) 61 \Om. Co\ne69(\ki --1/CiNiL,..AAt ir 144J (4-4 A. 4 6 bov\o\d Lc.wn o COv1,51-cOni pC-+. HiLA„ 6. 1 (7-f- x 5' Pcojt DI C� p p .,.. . • �G�T of PROCLAMATION NAMING MARCH 29, 2024 AS SHERIFF LEONARD E. MOREHEAD DAY IN RECOGNITION OF HIS SERVICE AND SELFLESS SACRIFICE TO THE CITIZENS OF BRAZOS COUNTY, TEXAS WHEREAS, Sheriff Leonard E. Morehead served as the Sheriff of Brazos County for six years from 1918 through March 29, 1924; and served the Citizens of Brazos County in many capacities; and WHEREAS,On March 29, 1924, Sheriff Leonard Morehead was attending a traveling road show being staged at the Steep Hollow School House when a man fired a shotgun through a window, killing him instantly. The suspect was arrested the same evening and confessed to the murder. At his trial, he was found to be mentally insane and sentenced to a mental facility. WHEREAS, the funeral of Sheriff Morehead was held in the courtroom of the Brazos County Courthouse and it was reported that roughly 4,000 people came to pay their respects to the fallen officer. WHEREAS,Lila Belle Morehead, was appointed to fulfill her husband's term three days after his murder and went on to serve for nine months. And as of 2024, she remains Brazos County's only female sheriff. NOW,THEREFORE,the Commissioners Court of Brazos County do hereby proclaim Friday, March 29, 2024 as Sheriff Leonard E. Morehead Day in Brazos County, Texas. PROCLAIMED this the f March 202 . Duane Peters County Judge --)57 Commissioner Steve Aldrich Commissioner Chuck Konderl • Precinct 1 P cinct 2 ZtAC,Are. Commis Nancy Berry Commissio r Wanda J. Watson Precinct 3 cinct 4 �(.44 .i',TB OpT •.. 7 OOy. •'POF$ BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Emergency Management NUMBER: DATE OF COURT MEETING: 3/26/2024 ITEM: Appointment of Captain Luis Villanueva of The Salvation Army as the Donations Coordinator for Brazos County. TO: Commissioners Court FROM: Michele Meade DATE: 03/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Appointment of Captain Luis Villanueva of The Salvation Army as the Donations Coordinator ALTERNATIVES: for Brazos County. ATTACHMENTS: File Name Description UPI Salvation Army_Letter_- _DonationsCoordinator_- Salvation Army Letter-Donations Coordinator Backup Material _Captain Vilanueva.pdf 4111460 D .1_ IR* Duane Peters Date County Judge :F.:' VI . *i '� �,i ti\ A Dti Tr OF5v BRAZOS COUNTY BRYAN, TEXAS March 26, 2024 Greetings, Effective this date, I have appointed Captain Luis Villanueva of The Salvation Army as the Donations Coordinator for Brazos County. Captain Villanueva will supervise the Donations Management Program for Brazos County using the guidance of Chief Elected Officials and the recommendations of the Donations Steering Group. The Donations Coordinator will provide additional guidance, direction, and supervision to all functions of the County's Donations Management Program,which are activated during and after a major emergency or disaster and fall under the jurisdiction of this County. The Donations Coordinator will additionally work closely and collaborate with all recognized voluntary agencies in the County that will be helping victims during and after a disaster. This appointment will remain in force until terminated by either party. i Duane Peters County Judge .2. 7 1 x'. G� rY`oF $��Pti . BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Tom Kettle to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. n eters Date County Judge 9 . E Op`C1' T • •� •.7. . . ..• N Ne *' Ile?yOFVa BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Jason Ware to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. c \......).. '\ / aco/ aLt- Duane Peters Date County Judge Z 7'. .*I r *Not . el OG 7. LO �T Y O F B*P BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Eric Buske to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. a..t,tat+ Duane Peters Date County Judge •.�PT E 0 F 44,S TF+. 7 oG ,�0 . �.Ty.OF BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Curtis Darby to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. Duane Peters Date County Judge •y• • *r r, • O L' ` +' o GOF84P'L . BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Rich Giusti to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. I ace! a4 Duane eters Date County Judge •'�'C PT E 0 F• •. • N. *4 * 0 .� O n BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Jeanelle Johnson to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. c�1 a�- Duane Peters Date County Judge S�PTE OFT . 7 '; ' * CI0 '.; �, 0 G A, . !!'T Y;O F 841 ► .• BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Scott Smith to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. uane Peters Date County Judge S �? E O F .� N, • *i r • OLD A oHF. BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Tradd Mills to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. 3 at42 ,02 Duane Peters Date County Judge � TE OF . w TE'+• 9• * r * 0 < _"4j O STY cif . BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Katie Reiter to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. 3 at.0 l aL{- Duane Peters Date County Judge ;`PT E O F •... ..• *, f it • o k. .'r 0 G .),.,, '1, . 4.rYYoF �'P BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Leslie Lutz to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. Duane Peters Date County Judge t N: * r * o �4 0 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Amanda Fox to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. Duane Peters Date County Judge 9.• . cn *{ N. r 1• O. Ty OF gCt .t.y...... BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Paul Martinez to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. 4'*"41-rato/ Lf Duane Peters Date County Judge '4, f ;� 9. •� 0. *l VANo0 . G -! Pti . STY OF 85 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Michele Meade to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. Duane Peters Date County Judge . 7 . � N * ON O 0 . BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Steve Aldrich to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. CSjuit. L.4 ""t I Jt,Pra LI- Duane Peters Date County Judge • ** tk E °F ri•. • %p1 7740 • & ,..A.., PA . TYOF �4 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Rick Wagner to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024 — March 31, 2025. ----(Nz -,:,L., ..,,,,,AilL _ 3 ) a.(p/ 1-i-- Duane Peters Date County Judge •S'C�T E F T.-•. ••*4 .. ON p 1V 0 rYIOF ��` BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Santos Navarette to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. %. ... _,,_. -4111..--9 Iap(at+ Duane Peters Date County Judge S•Cp'TE OpT�• 7. • •� N. Vl OG� P O,� Ty OF 84 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Arthur Davila to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. /J1°I a`# Duane Peters Date County Judge .•SC�`� E .op tt••, •.*` r * 0 oG - � Pti TyO V) BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Patrick Corley to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. au.,I Duane Peters Date County Judge •SC LI E Op •••. • 7. .* r • ,� -r, p PLO 1'y OF 94� BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of David Dibello to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024—March 31, 2025. Ca6! J4- Duane Peters Date County Judge ••• p.1 E Op *1 r * pG PLO� 1 ) OF 8 ►R BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Peggi Goss to the Homeland Security Advisory Committee The term of this appointment is April 1, 2024— March 31, 2025. C...\w---- ---.)2L,3 I at.o/a4 Duane Peters Date County Judge • P'[ E OF'• ., • tts • * r • 0 �, �� 0 F ��P . BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Mark Carrabba to the Bryan and Brazos County Economic Development Foundation The term of this appointment is January 1, 2024 — December 31, 2025. Duane Peters Date County Judge n y _ • G, • ti BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 3/26/2024 ITEM: Approval requested from the Public Defender's Office(PDO)to submit a grant modification to TI DC which will allow the PDO to begin accepting misdemeanor and felony appeals. This request has no effect on the current FY budget. TO: Commissioners Court DATE: 03/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Iypg 2024-03- TI DC Grant Budget Adjustment Request Backup Material 21_TIDC_Grant_Budget Adjustment_Requestpdf APPRO Duane Peters D e ounty Judge TIDC Grant Budget Adjustment Request RE: FY2024 Budget Adjustment Request - Grant Number PB-22-021 Brazos County requests a budget adjustment for the Brazos County Public Defender's Program. The details of the request are indicated in the table below: Current Requested Requested Approved Line-Item Adjusted Direct Costs Budget Change Budget 1) Personnel $1,238,301 $0 $1,238,301 2) Fringe Benefits 534,172 $0 534,172 3)Travel and Training 24,700 $0 24,700 4) Equipment 36,000 $0 36,000 5) Supplies 12,000 $0 12,000 6) Contract Services 92,200 $0 92,200 7) Indirect Costs 0.00 $0 0.00 Total Proposed Costs 1,937,372 $0 1,937,372 Less Cash from Other Sources (12,907) $0 (12,907) Total Amount Funded by Commisison $1,924,465 $0 $1,924,465 1. Rationale for Adjustment—Explain in detail the proposed changes to the budget and why they are needed. Be specific and use statistics,if possible.Use as much space as necessary to fully explain why the changes are necessary. Attach more detailed"before and after"budget category breakout as needed to fully explain changes. This is a request to change the scope of the work done by the Public Defender's Office without any impact on the current budget. We are requesting to increase the scope of our work in Brazos County to include adult appeals. Brazos County has a need for qualified criminal defense attorneys. Currently,there are only two attorneys taking appellate appointments in Brazos County. The Chief Public Defender has spoken with Judge K. Hawthorne who agrees that there is an immediate need for an increase in the number of attorneys taking appeals. Many aggravated and/or serious cases which were delayed due to Covid are coming up for trial,and many of those cases will require appellate appointments. The PDO also represents many clients for trial,and as an increasing number of those cases reach trial and are disposed of through a jury trial,the PDO will be forced to withdraw from representing clients on appeal merely because the scope of our work is restricted by the grant. The same justification for appointing the grant funded PDO to the case for trial purposes apply to the PDO's continued representation of our clients on appeal. The PDO has also hired Lane Thibodeaux to work as an attorney in the PDO. Mr.Thibodeaux starts on April 18,2024. He is board certified in criminal law as well as in criminal appeals. Mr.Thibodeaux is currently appointed on a number of appellate matters for Brazos County,and he would like to continue taking appeals for Brazos County. ' The Advisory Board has also approved this request and recommends that the PDO move forward and request permission to begin taking appellate appointments. 2. Detail any proposed changes to the staffing model and why they are needed. There are no changes to the staffing model. One misdemeanor defender, Lane Thibodeaux,will be accepting appointments to write appeals for the county. Depending on FY '25 budget and grant funds availability,an appellate defender position will be created and Mr. Thibodeaux will fill that position. 3. Explain any proposed change in program Scope or Program Activities The only change in program scope or activities is the appointment of the PDO on adult appeals. Sincerely, County Judge Signature Date *41 , TEXAS ASSOCIATION Of COUNTIES * RISK MANAGEMENT POOL Property Renewal Schedule Member: Brazos County Coverage Period: 07/01/2024-07/01/2025 Property Renewal Schedule Member Name: Brazos County Pool Coordinator: Ms. Jennifer Salazar Email: jsalazar@brazoscountytx.gov Instructions for Completion 1) Review each tab and update as needed. 2) Include Declarations page for any National Flood Insurance Program coverage in force. 3) Email completed questionnaire by April 1, 2024 to: TACRMP@county.org or nellyc@county.org All entries are subject to approval, further information may be requested upon review. If this schedule is not received by April 1, 2024, coverage will be renewed as it currently stands with any requested changes handled by endorsement. Your Member Services Representative is available to assist you with any questions or concerns and can be reached at 1-800-456-5974. Property Renewal Questions Yes or No 1. Do you have any property in the course of construction or plan to undergo any major construction for buildings reported? If yes, please provide us with the building item #, cost of project and estimated project completion Yes- See Attached date. Sheet 2. Are any owned buildings currently vacant? If yes, please identify the building item#and is the building being maintained and secured? Yes-See Attached Sheet 3. Are any loss payees applicable to any properties? If yes, please identify the building item#or mobile equipment item#and provide the loss payee contact information No Unreported Claims Yes or No 1. Are you, or any officer or employee, aware of, or have knowledge of any circumstance, occurrence,fact or event which is likely to be a basis of a claim, either now or in the future? If yes, please describe: No 2. Has the situation been reported to TAC Claims Department? N/A Acknowledgement and Acceptance Member Name: Brazos County Member acknowledges that the information submitted in this questionnaire is true and accurate, including all known potential claims. The information submitted may be used by the Pool in processing the renewal and in assessing the coverage needs of the Member. The questions posed, or any wording of the questionnaire, should not and may not be relied upon by the Member as implying that coverage exists for any particular claim or class of claims. The only coverage provided by the Pool to the Me •- '- •- cribed in the applicable Coverage Document, including any endorsements and the Contribution ove'.ge Declaration, iss -• to a covered Member. iatVic)) Signature of County Judge or press•ing official of a ubdivision Date Construction Renovation Projects Estimated Site # Building 4 Buidling Name Description of Construction Construction Costs 1 1 Courthouse Security Entrance Upgrade/Remodel $ 1,100,000 North Wing and Sactuary Renovation/Remodel - Will be adding Office space and potentially new floors/office space 2 1 Administration Building -Adding Square footage $ 7,500,000 Complete Renovation of 1st and 2 Floor of 3 1 Maintenance Shop office spaces $ 2,500,000 4 1 Old Ag Extension Building Renovation/Remodel $ 300,000 6 1 Brazos County Jail Plumbing and Shower Renovation $ 1,000,000 8 1 Pct 3 Main Office Building Addition of Evidence Room/sq footage $ 100,000 New Building Construction Projects Estimated Site # Building /4 Buidling Name Description of Construction Construction Costs New Build on County owned land -Will start New New Medical Examiners Office Summer of 2024 $ 17,000,000 Vacant Buildings Site # Building Buidling Name Notes 6 5 Residential Building This buidling scheduled for demolition 8 2 Pct. 3 Old Office Building Keeping this buidling but vacant 9 2 Training Annex This building scheduled for demolition 9 3 JAEP Academy This building scheduled for demolition 29 1 Old BISD This building scheduled for demolition 135ataM u:q,! 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U z $AIA Document G701* - 2017 Change Order PROJECT: CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Brazos County Roof Access Stair Contract For.General Construction Change Order Number 001 Date: Date:03/19/2024 OWNER: ARCHITECT: Brazos County Burditt Consultants 200 S.Texas Avenue,Suite 352,Bryan, 105 N.Main Street,Suite 123,Bryan, Texas 77803 Texas 77803 THE CONTRACT IE CHANGED AS FOLLOWS: Change Order is for the Cost for a RAS review of the Contract Documents and Site Assessment of all three Roof Access Stairs The original Contract Sum was $ 18,340.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was • $ 18,340.00 The Contract Sum will be increased by this Change Order in the amount of S 625.00 The new Contract Sum including this Change Order will be $ 18,965.00 The Contract Time will be increased by Zero(0)days. The new date of Substantial Completion will be NOTE This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Burditt Cons ARCH 17 name) OWNER lea"' SI E SIGNATURE Mark Goulas,AIA,Director of Design Duane Peters,County Judge PRINTED NAME AND TI114 PRINTED NAME AND TITLE I6) • 3lateicaL+ DATE DATE AIA Document 0701—2017.Copyright O 1979.1087,2000,2001 and 2017.MI rights reserved.'The American Institute of Architects."'American Ins0tute of Ardritecis,"ALV as AIA Logo,and'MA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 09.49:47 CT on 03f190024 ceder Order No.4104248836 which suplres on 11/12/2024.ie not for resale,is licensed for one-time use only,and may only be used to accordance with the ALA Contract Document Terms of Service.To report copyright violations,e-mail dodnloGaisoontrseb.00m User Notes: (389ADASD) •.• s'1'E 'Op. .'. REQUEST FOR INFORMAL QUOTE ' IQ NO. 24-097 Concrete Delivery to Contractor Site INFORMAL QUOTES TO BE SUBMITTED BEFORE: Tuesday, March 08, 2024 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this informal quote from the issuing date of the solicitation until the date the Brazos County Commissioners Court meets to consider award of the quote. Any such contact will be grounds for rejection of the Respondent's quote. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the.following quote for furnishing the material and/or services listed on the attached quote form and agrees to deliver said items at the locations and for the prices set forth on the quote form. Company Name: t . til Qr^�.ar: a, ,. L LC By(Print): -1?-).1 ty C2�J 1 ' � Title: 5 r c `�s - Physical Address: �(�© �W 2� �J.�, Ci A-i —Tc * 7&D`7 ,� Mailing Address: 1 O .-o'K 9 14 , �c1 ON (*TT(jc —7 *7 8o ( Telephone: -19 -822''7& ax: a rl q-2 Z3—210 S 1 E-Mail: to.'teeLo;44€1 0 4-jc.co 11-1 Quote Request No. 24-097 Page 2 of 10 Quotes will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m.,Tuesday,March 08, 2024, at which time quotes will be publicly opened and read aloud. A. SCOPE OF QUOTE Brazos County is soliciting proposals for a Contract for the sale of broken concrete. Brazos County has obtained several piles of broken-up concrete from driveways removed by Brazos County personnel. The broken-up concrete shall be sold and removed from Brazos County's property.This contract shall be for a two (2) year.period, starting on March 21, 2024 through March 20, 2026,with an option for renewal for three(3) additional one(1)year periods. B. CONDITIONS OF BIDDING 1. The following instructions apply to all quotes and become a part of terms and conditions of any quote submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this quote request. All Respondent(s) are required to be informed of these Terms and Conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this quote, the following definitions shall apply: a. BRAZOS COUNTY- Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR-The successful bidder(s) of this quote request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB-CONTRACTOR - Any Contractor hired by the Contractor or Supplier to furnish materials and services specified in this quote request. g. RESPONDENT—Any supplier or Contractor responding to the quote request. 3. Upon acceptance and approval by the Commissioners'Court, this quote effects a working contract between Brazos County and the Contractor for the period designated. 4. Quotes must be received by the Purchasing Office prior to the time and date specified. The mere fact that the quote was dispatched will not be considered; the Respondent(s) must have the quote actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any quotes submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal. communication between any employee of the County and any Respondent(s): Only written specifications and written price quotations will be considered. Contractors with questions regarding the quote IQ No.24-097 Page 3 of 10 should submit them in writing via the Brazos Valley Online Bidding System at https://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any quote that does not fully respond to each specified item. 8. Respondent(s)must include Tax Identification Number for the quote to be valid. 9. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 10.The County may cancel this contract at any time for any reason, provided a thirty-day written notice is given. 11. The quote award shall be based on,but not necessarily limited to,the following factors: a. Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples(if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products quoted h. Contractor's past performance record with Brazos County. 12. Although the cost of products to be provided is an essential part of the quote, Brazos County is not obligated to award a contract on the sole basis of cost but will award to the Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the 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 the County of any and all documentation as may be required. 14. 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. 15. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement,when applicable. 16. Quotes must be submitted on quantities and units of measure specified by the quote documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also quotes on the quantity specified. 17. Quotes must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered IQ No.24-097 Page 4 of 10 reason enough to cause the quote to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the quote, the entire order or contract may be canceled, and the Respondent barred from bidding in future solicitations. 18. Quotes cannot be altered after receiving time. No quote may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Quotes must be submitted on this form and returned in a sealed envelope clearly marked with Contractor Name and Quote Number to ensure proper recognition upon its arrival. Quotes will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a quote be considered if submitted to any other person or department other than specifically instructed. Quotes not received prior to the expressed date and time listed in this quote will be rejected or returned unopened to the Contractor. Quotes submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the quote document, attachments, questions and responses, addenda, and special notices. The Certification of Quote Form must be completed to include full firm name, mailing address, telephone number, email address, Contractor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Quote Form renders quote non-responsive. Failure 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 quote. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Respondent(s) agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award,renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 21. In 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. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda. In 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. 22. It is our policy not to furnish quote results over the phone. Informal Quote results and tabulation sheets will be posted on the Brazos Valley Online Bidding System (https://brazosbid.ionwave.net) after quote award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional, one (1) year, periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. IQ No.24-097 Page 5 of 10 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter-local cooperation agreement(s)with Brazos County. 25. Three (3) references are to be provided by the Respondent. Failure.to submit references may result in disqualification of quote. Brazos County department references will not be accepted. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the contract by Brazos County. 28. Any variation from the specifications in this quote document must be indicated on the quote or on a separate attachment to the quote and labeled as such. 29.Any brand name, or manufacturer's reference used is considered to be descriptive— not restrictive — and is indicative of the type and quality the County desires to purchase. Quotes on similar items of like quality will be considered only if it is noted in the quote documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the quote. If notation of substitution in not made, it is assumed the Contractor is quoting the item specified. 30.The County,does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the quote, they are-estimated quantities used for calculating purposes only. 31. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 32. Brazos County will only be required to pay for materials 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. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan,TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after IQ No.24-097 Page 6 of 10 satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- Contractors,assignees, or any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in quote prices. Tax Exemption Certificates can be obtained upon request from County. 35.Upon award of contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the county from any claim involving patent right infringement, copyright infringement and/or sales franchise disputes. 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 37. This quote shall be governed by the laws of the State of Texas and Potential Contractors 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 disclose 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. Venue shall lie exclusively in Brazos County,Texas,notwithstanding anything to the contrary. 38. The Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. 39.Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. C.INSURANCE REQUIREMENTS. 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall ft rnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation or $1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than'$2,000,000 aggregate, $1,000,000 each occurrence with Brazos County named " as an additional insured and waiver of subrogation. IQ No.24-097 Page 7 of 10 c. Commercial -Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 4. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the.Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. D.SPECIAL PROVISIONS 1. Brazos County Road and Bridge Department will deliver broken up concrete to Contractor location. 2. Concrete will be delivered and dumped at the site where Contractor has a crusher. Contractor must have a crusher in order to process concrete. 3. Brazos County will notify Contractor when load of concrete is on it's way to the Contractor'.s drop off site. Contractor must accept the loads as they come or may be disqualified for the next drop off available to Contractor. 4. Drop offs to Contractor site could be any time Monday through Saturday. Contractor must include hours of operation in the submitted proposal. 5. The amount of broken concrete delivered to Contractor will vary depending on how much the County acquired that day. Contractor must specify how much concrete can be delivered to Contractor location each day. 6. Brazos County will not do any weighing or scale receipts. Road and Bridge personnel will only deliver and dump the load. Each delivery truck may be detained for no more than ten(10)minutes. 7.. All dump sites must be pre-approved by Brazos County, and are subject to prior and periodic inspections for contract compliance and the safety of county delivery personnel and equipment. 8. Contractor must currently have and maintain throughout the term of contract, current permits in order to store and crush broken concrete., from the necessary federal, state and local agencies. IQ No.24-097 Page 8 of 10 9. Contents of concrete are unknown and or may or may not have rebar, river gravel, limestone, wire mesh, etc. There is no guarantee of the inclusion or exclusion of any materials, expressed or implied. 10. Contractor must propose a dollar amount that they are willing to pay Brazos County for concrete and delivery. 11. All payments will be made by check to Brazos County at PO Box 914 Bryan,TX 77803. Payment shall include a report that states the number of loads and the delivery dates of each load. Payment terms are net 30 days from each delivery. E.SPECIFICATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Item# Questions Response 1 Contractor's Site Location: T.901 lbw y 2l W_ ,$ryp-N c ix 7780'7 From Brazos Co. Road&Bridge office. Go 'Ape-5%- t,s 4,.31 21 Pvrowc.Aor l 3.5 .„: . ' E.44 A-4-9,44 ce oa, �- le.c-14' i .ceos5 .cos— Serie-I-Mla 42.L 2 Directions to the Contractor Site: 3 Primary Point of Contract for each delivery: Eac-rte.0- \vperti-1.o -ct'1I-y12--s13'1 Secondary Point of Contact for each A✓nre-lo --g'T°l•112-043Z 4 delivery: 5 Contractor's Site Hours of Operation: claw% - 5 '• 30 P Amount Contractor is willing to pay Brazos County for the haul and delivery of concrete Loam 6 per load: How much concrete can Contractor receive 7 per day? uN '��� IQ No.24-097 Page 9 of 10 F. REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five(5)years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of quote. Respondent(s) are not allowed to use Brazos County as a reference. CRCompany/Entity: c zos ao • Rc Pr-it �-� --- Contact: Phone: 9 r1 -- S - - — 212.1. Email: 'N.1 o,e.s C c o.zo Co v � ( f Company/Entity: Gr e y ; r:-e. 1.1.1‘feA. Contact: � c_ \\ :`J S Phone: 9 r[\ —2 S 5 — '-}14(Q Ce Email: W s Q ;\1.v s 3 V c o Company/Entity: 1\A\o Contact: FEIVP a1 &(— Phone: . 9 9 9 — S r7 4— 3 O 2 Co Email: c.tkG.ni E ant. «<. c o r✓t J • IQ No.24-097 Page 10 of 10 G.CERTIFICATION OF QUOTE By signing the certification below, the Respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. _Prior to award, the Respondent also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are available on the Brazos County Purchasing website. The undersigned affirms that they are duly authorized execute this contract, that this quote has not been prepared in collusion with any other Contractor, and that the contents of this quote have not been communicated to any other Contractor prior to the official opening of this quote. C Signed By: `` I Typed Name: ,ill �..v, r�' Title: 5 r`. V;c 4c Ri-_e_sl J+c N-l-- Company Name: R 1 Mv•: I cA-e /a- s , L L C Phone: 919 8 2 2 — -7Le0s Mailing Address: _0 . o X —1 I `+ -3:::),f-1prN , `Tx --1780Ce Email Address: b r�.w. b P i . [ o, Contractor Tax Identification#: I-k'1- \36 3O l Cc. END OF INFORMAL QUOTE REQUEST NO.24-097 **************************************************** :******************************* By signing below, Brazos County agrees that this quote, 24-097, will be awarded as dictated on the associated quote tabulation sheet 4he C tractor whose name appears above and both parties a e he terms and con itions contained h in. By. Brazos County Commissioner's Court: 014.,p ,4 P . togs 1 Cou4-c.,-/ TLLct Date: nel g4'Lci+ ato(, a oa L Attest: Ce44.."--4../C4(4,94 Brazos County Clerk: L`AI-Etu o , I G OLt.E�� The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. 1 1 eferences(Section F) t /All Addendums(if applicable) Ll' Certification of Bid(Section G) BID TABULATION 24-097 Concrete Delivery to Contractor Site March 21, 2024-March 20,2026 BPI Materials LLC Questions Answers 1 Contractor's Site Location: 7601 W. Hwy 21, Bryan,TX 77807 From Brazos Co. Road &Bridge office. Take a left on Hwy 21 going West. At approximately 3.5 miles BPI enterance will be on the left across from Smetana Rd 2 Directions to the Vendor Site: 3 Primary Point of Contract for each delivery: Earnest Alvarado-979-412-5137 4 Secondary Point of Contact for each delivery: Estaban Alvardao-979-412-0432 5 Contractor's Site Hours of Operation: 7am-5:30pm Amount Contractor is willing to pay Brazos County 6 for the haul and delivery of concrete per load: $1.00/load 7 How much concrete can Contractor receive per day? Unlimited Recommend award to: BPI Materials LLC Appro o missioner's rt on this al? day of 1 Y 1 PW 14 ,2024-by CO�'�" olding the position of 4 v�o E AMENDMENT#1 TO 24-110R PSYCHOLOGICAL EVALUATIONS OF APPLICANTS FOR BRAZOS COUNTY THIS AMENDMENT TO'24-110R also known as 22-116 Psychological Evaluations Of Applicants for Brazos County("Amendment")is entered into and effective this 26th day of March,2024("Effective Date") through March 25,2025("Expiration Date")by andbetween Brazos County("Customer"),and Dr.Roy Luepnitz Ph.D. ("Provider') each-of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein: RECITALS • WHEREAS,"the Parties entered into that certain original contract#22-116 ("Agreement") for purposes of Dr. Roy Luepnitz Ph.D.to provide of the service,for Psychological Evaluations Of Applicants; and WHEREAS,the Parties desire to amend the pricing as set forth in'original contract#22-116. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: . 1. Increase pricing from $250 to$300 per psychological evaluation and re-evaluation of applicants.. `- 2. Exercising the option to renew an additional one (1) year period starting March 26, 2024 through March 25,2025. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be "binding on all Parties hereto. -1314171 NTY Dr.Roy Luepni ' D. .; k Signature Signatur 0(A_ E PtT r- s J. Au e Ni 72. Name Name Y � d.LA(M Mk. Aoc 5 . Draa+�S rstc 41M Title Title 3 ato clool od/t; - Date Date r PROFESSIONAL SERVICES CONTRACT#22-116 - PSYCIIOLOGICAL EVALUATIONS OF APPLICANTS ACREEMENT BETWEEN 13RAZOS COUNTY AND DR. ROY R. LUEPNITZ, Ph.D. THIS AGREEMENT is between the Brazos COUNTY, Texas, ("the COUNTY") and Dr. Roy I,ucpnilz (the "vendor"), whereby the VENDOR agrees to provide the COUNTY with certain professional services as described herein and the ('OIINTY agrees to pay the VENDOR file those services. The term of this contract shall be for a two (2) year period starting March 2(. 2022 through March 25, 2024 with the option to renew three(3)additional one(I)year periods. Between the COUNTY: BRA/.OS COUNTY. c/o Brains County Commissioners' Court Attention: Purchasing 200 South Texas Ave., Stc. 352 Bryan. Texas 77803 and the VENDOR: Roy R. Luepniti., Ph.D. 44-1 a Carter Creek Parkway. Suite 202 Bryan. IX 77802 for the following SERVI('ES: I?valuate potential candidates for employment, and promotions. The COUNTY and VENDOR agree as set lilrth ARTI('LE? 1 VENDOR'S RESPONSIBILITY 1.1 VENDOR'S SERVICE 1.2 The VENDOR shall furnish psychological evaluations, in accordance with regulations set Iierth in the 'Texas Commission on Law Enforcement ('TC'Ol.l{). for peace offices'.jailer and communications officer applications and other employees as referred by COUNTY. The VENDOR will maintain the appropriate current licenses and/or certifications required by Federal and State and local jurisdictions. to complete the work provided by the Agreement. 1.3 Each evaluation will include (I ) a thorough clinical interview (2) an appropriate global measure of personality/psychosocial functioning. and (3) additional specific measure(s) of behavioral style or cognitive functioning as indicated by other evaluation measures or referral questions posed by MINTY. 1.4 VENDOR shall schedule evaluations within 10 working days alter receiving written or verbal phone request from COIIN'INI' to conduct such evaluations. 1.5 VENDOR agrees to provide verbal feedback to COUNTY and make available, for mailing or personal pick-up, the T('OI,l' 1,-3 (LICENSEE PSYCII0I,0(i1CAI. AND Agtcentent Itetacen('uuul> and I)r It Roy I.u.•pnd,.Ph 11 Pap:I of 5 EMOTIONAL IIEALTII DECLARATION) lorm within 3 working days of completion of testing. 1.6 VENDOR shall make available the psychological evaluation report generated on persons served under the Agreement for mailing to. or personal pick-up by. COUNTY within 14 working days after the scheduled evaluation. 1.7 VENDOR agrees to discuss via phone or email with COUNTY situations that alter these scheduling-testing report expectations as soon as either party becomes aware of the need to change expectation fin•a given rekrral. 1.8 VENDOR agrees that payment will be based on the timely submission of evaluation reports as stated above. 1.9 VENDOR shall provide COUNTY with an invoice by the 101I'of each month for services rendered during the previous month. 1.10 VENDOR shall accept, as full compensation, the sum of $250.00 per psychological evaluation. I.I I Upon request by the COI ►N I Y, VENDOR shall accept, as Rill compensation, the sum of $250.00 per psychological re-evaluation. VENDOR understands and agrees that the COUNTY will not be liable for the payment of any re-evaluation fee. VENDOR further understands that the applicant is liable for the re-evaluation fee. 1.12 Upon request by the COUNTY. VENDOR shall provide a copy of the current professional credentials of all individuals involved with the evaluation. VENDOR shall also provide a current certificate of insurance, reflecting the contractually required insurance coverage. 1.13 VENDOR ACKNOWLEDGES THAT AL.1. INFORMATION ANI) RECORDS RELATED '1'O THIS AGREEMENT ARE CONFIDENTIAL. VENDOR SHOULD RELEASE INFORMAN I'ION ANI) RECORDS ONLY TO THE COUNTY. VENDOR ACKNOWLEDGES 'I'11A'I' NO INFORMATION OR RECORDS MAY BE RELEASED TO APPLICANTS. ARTICLE II COUNTY'ti RESPONSIBILITY 2.1 COUNTY shall assign a liaison per department requiring services to VENDOR for purposes of communication. 2.2 COUNTY shall provide VENDOR a written request tilt evaluation. 2.3 COUNTY shall provide VENDOR with a completed Release of Information signed by each person being evaluated prior to the scheduled evaluation. 2.4 COUNTY agrees to discuss via phone or email with VENDOR situations that alter the scheduling-testing-report timeline expectations, as stated in the VENDOR RESPONSIBILITIES section above,as soon as either party becomes aware of the need to AErccmeut II t%.t n County mid D..It.limy I uepnuz,I'h.l) Talc 2 or i change expectations lilr a given relenal. 2.5 COUNTY shall pay, as full compensation, the suns $250.00 per psychological evaluation. COUNTY shall provide payment upon timely submission of evaluation reports as agreed to above. 2.6 COUNTY shall pay as full compensation, the sum of $250.00 per psychological re- evaluation. COUNTY shall provide payment upon timely submission of evaluation reports as agreed to above. 2.7 CO11N I'Y shall pay VENDOR for services in full within 30 days after satisfactory receipt of services, evaluations and reports unless otherwise specified or mutually agreed upon before orders are placed. C'OUN'I'Y will not be liable for payment of invoices received six (6) months after order completion. Invoices must he submitted by VI::NDOR to the C'OUN'I'Y department requesting service. to that department's accounts payable contact. 2.8 Other Direct Costs: 'l'he ('OtIN'I'Y will only pay the amount per completed evaluation or re-evaluation as specified in previous section. 'I•he number of evaluations will var\ over the months in which this contract is in effect. Me cost of each evalu,uion or re- evaluation includes other direct costs which could be used by vendor for supplies: photo- reproductions, books, journals, recordings, software, equipment, professional dues, travel expenses, and other directly related costs. This Agreement is a fixed-cost contract. Alt'1'I('11: Ill TERMINATION,SUSPENSION OR ABANDONMENT 3.1 This Agreement may be terminated by either party upon not less than thirty (3(t) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault or the party initiating the termination. In the event that a notice of termination is provided by either paty. any COUNTY candidates scheduled fir evaluations, prior to the termination date will be allowed to complete their evaluation, provided that the cancellation was requested by VENDOR. In the event this agreement is canceled, VI:Nl)(.)I will be paid only for the evaluation completed. provided the required evaluation reports are presented to CUt1N t Y within three weeks of the cancellation of this Agreement. 3.2 VENDOR acknowledges that COUNTY Y is the client and all privity of contract exists between VENDOR and COI IN'I'Y, and no third parties. AI2'I'I('i.h: IV MISCELLANEOUS PROVISIONS 4.1 Governing I.aw: 'I he terms and conditions of this Agreement and performance hereunder shall be construed in accordance with the laws ()I'the State ol'Texas. Venue shall be in a court of competent jurisdiction in 13raios County. Texas. 4.2 Neither the COUNTY nor the VENDOR shall assign this Agreement without the express written cmmsenl of the other party. Agreement i3 iw en cunt)•and nr.k Roy 111clnuv.MI)I t Pap: 1 rd 5 4.3 This Agreement represents the entire integrated agreement between the COUNTY and the VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the VENDOR. 4.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the VENDOR. 4.5 COMPLIANCI.. AND STANDARDS. The VENDOR agrees to perform the work hereunder in accordance with generally accepted professional standards applicable thereto and shall use that degree of rare and skill commensurate with the profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the VENDOR'S performance. 4.6 INDEMNIFICATION: VENDOR shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the VENDOR, its agents or employees, performed under this Agreement and which result from an negligent act, error, or omission of the VENDOR, or of any person employed by the VENDOR. The VENDOR shall also save harmless the COUNTY from and against any and all expenses, including attorney's lees which night he incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might he imposed on the C'Ot1N'I'Y as the result of such activities by the VENDOR, its agents or employees. 4.7 Nothing in this Agreement shall be construed as a waiver of the ('Ot1N'I'Y'S Governmental Immunity. 4.8 SEVtRABILI"I'Y: In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid. the validity and enforceability of the remaining provisions or portions shall not be affected. ARTICLE V urn ER CONDITIONS OR SERVICES 5.1 INS1.1RANCE: The VENDOR shall instruct his insurance agent or carrier to Furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. The Certificate of Insurance must be approved by Risk Management before any services are rendered. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Professional Liability Insurance: VI?NDOR shall obtain and maintain at all times during the performance of the work under this Agreement professional liability insurance. Limits of liability shall be $1,000,000.00 per claim. $2,000,000.00 aggregate. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. Agrccnwnl liclwccu County and Dr.K.Roy I.uepmv,I'h I). Page'I or t AUTHORITY TO CONTRACT: The undersigned officers and/or agents of'the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf'of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. c\t"... ..BRAZOS COUNT TEXAS VENDOR ___ ____lee__, Duane Peters, County Judge by: Dr. Roy It. l_uepnitz, h.I). Acting by and through the authority of the Brazos County Commissioners Court Attest: .---)V,4- ( /.., . clife c.7 .7, --",...-- County Clerk Approved as to Form:,. ` / "' 7 - tart Coo ttorney '' Agreement lichveen County and Di.R.Roy I.uepnui.I'h.I) Paget or -;.%9 7' j H.11\7,. !' N r. p °wry a- $4 ti: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 3/26/2024 ITEM: Approval of the following committee for RFP CI P#24-608 Jail Shower Renovations. • a.Abigail Belangeri • b.Matt Mayo • c.Bob Lamkin • d.Purchasing-Non-Voting • e.Legal-Non-Voting • f. Burditt(Architect)-Non-Voting TO: Commissioners Court FROM: Kaitlyn Battles DATE: 03/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available Duane�eters Date County Judge : ,f%. 'y Brazos County ; � � Purchasing Department 200 S.TX AVE.,SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: March 26, 2024 RFP NUMBER: CIP 24-608 TITLE: Jail Shower Renovations REQUESTING DEPARTMENT: Detention C r APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: ' �' 1 AR"G t4 a 6 i ao a- BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 3/26/2024 ITEM: Approval of the following committee for RFP CI P#24-618 Harpers Ferry Road&Cricket Pass Reconstruction. • a.Prarthana Banerji • b.Fred Paine • c.Jimmy LeFlore • d.Purchasing-Non-Voting • e.Legal-Non Voting • f. GLS(Engineer)-Non-Voting TO: Commissioners Court FROM: Kaitlyn Battles DATE: 03/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments&Walla Duane 'e ers Date County Judge v!d O,�,TY~OF S.1'•R� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 3/26/2024 ITEM: Approval of the following committee for RFP CI P#24-618 Harpers Ferry Road&Cricket Pass Reconstruction. • a.Prarthana Banerji • b.Fred Paine • c.Jimmy LeFlore • d.Purchasing-Non-Voting • e.Legal-Non Voting • f. GLS(Engineer)-Non-Voting TO: Commissioners Court FROM: Kaitlyn Battles DATE: 03/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments AAeilable iii __ U. �• D ' 1116111 "UN.. (-I- Duane a ers Date County Judge . E 0 p. w TA Brazos County 6r i Purchasing Department av 200 S.TX AVE.,SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: March 26, 2024 RFP NUMBER: CIP 24-618 TITLE: Harpers Ferry Road & Cricket Pass Reconstruction REQUESTING DEPARTMENT: Road and • APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: a(c' Q-C` 4' February 23, 2024 Honorable Karen McQueen Brazos County Clerk Critical Records Management . A. . 3 Probates - Phase 3 } y yy ..,.►€s�Q^ �. ... .4r.. .,ks rc, p C g ar J'r x . . , , ,,,glor,,..,.t.„::ce,, . :::‘.trir::::71#:,;:,..9.r:c7,.111:4;.!,,4,,,,I,,,,,74,,.._,;;„,,,s'..;14,,,q,,,3,.„,'IrmLItix,-„.E,..clt.,',':,',,,I;:t.;- ;%:,...,,',;'-:-:,4.0,,,,:::,,i,,,,t‘,„L‘,,,,c1.,,.,I.i,,t-,,,,,-?r,,,,:.'-'''''' • az n •,. f.4 tti to u r -n. ;¢ y g ~ � tr `k , i4k SUBMITTED BY: �' - [� #.x"� 3" � y Ilk- t = iq�r'.sd'' `:� : _ Billy Gerwick s ' ,�t; ,� � � " Account Executive x w a ' ' k billy.gerwick@kofile.com'44 , , ,# (832) 373-9124� .,,:„.0,,,,igit4014*.1,:t.-,F-1,i, i e,1 ii.i;t4v-ie- -- ' - `"tisi ' K ri _verf-, tom ,,,,,orikwi,ictit,,,,47,„,....,,_„*.,s,„„4,::,„,,,._,, ,,.„, „,„,..::, ,..,.;,.,.,,,,. ,,,,,...t.,,,_„,,:,,,,,,,,,±4.,4.Mt:leallioultirit---__ ,,",4,-***, r 6300 Cedar Springs Road, Dallas, TX 75235 :'m p: 214.442.6668 I f: 214.442.6669 spa `;, info@kofile.com www.Kofile.com NF- . Dear Honorable Karen McQueen, This proposal addresses Brazos County Clerk's historical records and is presented by Kofile Technologies, Inc. (Kofile). Quoted services include conservation treatments, rehousing, imaging, and indexing.Archival rehousing includes encapsulation and loose-leaf binding into Archival Recorder Binders. Note that prices for the inventory herein are good for 90 days from the date of this assessment. Kofile Technologies, Inc. (Kofile) is uniquely qualified to complete Brazos County Clerk's modernization goals by taking an innovative approach to this project to ensure a successful outcome. Kofile's basis for success is decades of experience, realistic solutions, and professional analysis. Each project is unique and deserves special attention. Our team provides realistic solutions, professional analysis, and innovative archival products to equip records stewards with the information and resources needed to preserve collections. Kofile performs all services in accordance with the Code of Ethics & Guidelines for Practice of the American Institute for Conservation (AIC). Preservation minimizes the chemical and physical deterioration of the page which prolongs the existence and useful life of the original format. Preservation can include removal of the original from public access, creating a security copy, treatment, stabilization, preventative care, digitization -or any maintenance or repair of the existing resource. Areas Of Concern Sound preservation ensures accessibility to these irreplaceable and permanent documents forever. Acidic Paper Past papermaking utilized bleach to obtain white sheets. As a result, this paper becomes increasingly acidic as evidenced by embrittlement and yellowish-brown discoloring. Paper also embrittles when relative humidity drops or fluctuates. Acidic Ink Acidic inks can "eat" or"burn" through a sheet. Unmonitored temperature and relative humidity (RH) accelerate this process. Inks can also fade with exposure to UV light. Historically, iron gall inks were the standard.These inks contain sulfuric acid -which fades with time. With proper treatments, chemical breakdowns (such as acid hydrolysis) are remedied. Mechanical Damage (Use &Abuse) Everyday use greatly affects collections. Sheets bear signs of grime and the natural oils of hands. Exposed sheets are susceptible to damage and loss. Dirt and other pollutants can serve as ignition sources and weaken exposed paper. Exposed fragments become abused even with careful use. Binding Margin The binding margins of many volumes are compromised due to guillotining. In order to rebind and protect these sheets, encapsulation is the only solution. If a volume were rebound as is,without encapsulation, vital information would be lost in the binding margin. Always question vendors if they recommend power cutters (guillotining) to dismantle sewn books. Kofile never attempts any procedure that could result in a loss of text or weaken the integrity of the paper. A sheet's binding margin should never be compromised. Brazos County Clerk February 23,2024 Probate Case Files—Phase 3 ©Kofile,Inc.All rights reserved. 12 Broken Book Block Once a binding fails, damage escalates. Sheets are free to drift from the protection of the book block. With exposure,fragments become abused and susceptible to loss. Failing Index Stacks Index Books sustain the most use.Thus, they suffer greater risks of text loss and sheet deterioration. Paper strength is completely depleted from continuous use. Eventually,tabs and sheet fragments are lost. Immediate attention is required. Tape &Non-Archival Adhesives The Library of Congress warns about the culprits of "pressure sensitive tapes—such as scotch, masking, 'invisible,' quick-release, cellophane, and even so-called 'archival' tapes"—all are unstable.These tapes and adhesives "will stain the paper and may cause inks and colors to 'bleed.' Many lose their adhesive properties and fall off with age, leaving behind a residue that is unsightly, damaging to the item and difficult to remove." Adhesive stains lead to issues during imaging.Awarding a low-bid imaging and microfilm project may result in illegible images.To enhance image quality, conservation is essential. A conservator can remove water-based, synthetic, and pressure sensitive adhesives. Page extenders are an inappropriate "quick fix" to a prevailing problem.To save this collection,the underlying issues causing the deterioration of the sheets' margins need correcting.The acid content of the sheet extenders only adds to the chemical breakdown of the paper's fibers. Lamination Removal Kofile conservators address the "Laminate" process to the fullest extent possible. Conservators reverse the process and remove the laminate using a proprietary solvent solution.The possibility of removing the "Laminate" depends on careful testing at our conservation lab. In a small percentage of cases, the adhesive is resistant to the solvent solution and cannot be removed safely. Conservators will not attempt removal if the removal process will damage either the document's paper or ink. If conservators cannot remove the laminate safely, Kofile will contact Brazos County Clerk directly to discuss alternatives. Non-Archival Quality Materials The off gasses of deteriorating metals contribute to the chemical breakdown of paper. Major culprits include the metal content of book spines, the surrounding physical environment, and non-archival fasteners (such as binder clips, paper clips, and staples).These off gasses eventually destroy the fabric of the volume. Another symptom of metal oxidation is foxing, or foxlike (reddish and brown color) stains or blotches on paper. TEMPERATURE & HUMIDITY MONITORING While temperature and limited air circulation are crucial to a document's longevity, humidity and water are the most destructive threats. Relative Humidity (RH) refers to the amount of water vapor present in the Temperatures.above air. Maintaining a set point of 40-45% RH is optimal, but costly.The 75°F and RI-(higher maximum acceptable total RH variation, or operating range,is 5%on than 60%encourage. either side of this set point. RH should never exceed 55%or drop below mold and other 30%. bacteria growth VI in 4 —i 2 h }urs February 23,2024 Brazos County Clerk ©Kofile,Inc.All rights reserved. 13 Probate Case Files-Phase 3 Even slight changes in temperature can double the natural aging rate of paper. In reality, temperature and RH are not consistent in a local courthouse (especially on weekends). Redinks' After exposure to water, pages adhere to one another when in a compressed environment.Separation without loss of text and water soluble inks (such as signatures) is vital.These records are extremely fragile. then blue inks, and` The mitigation of mold or micro-organics (which can result with the introduction of lastly, water or humidity fluctuations), should only be attempted by a trained professional. black inks, Water damage can also lead to other issues such as binding failure.The necessary treatments are time consuming and require a highly skilled conservator. Visit the Image Permanence Institute (IPI) at www.dpcalc.org to explore the correlation of temperature and RH on natural aging, mechanical damage, mold risk, and metal corrosion (as exampled above).The image above is property of IPI. Treatment Specifications Kofile regularly addresses historical and permanent documents, including manuscripts,typescripts, negative Photostats, tri-folds, blueprints, re-creations, plats, and maps. No treatment, repair, or maintenance is used that is not 100%reversible. Dismantle Original binding materials, such as threads and adhesive residues, are carefully removed. Old manuscripts often have protein-based binding adhesives such as fish, bone, or rabbit skin glues.The application of steam with specialized equipment can soften the materials that are otherwise difficult to remove. Guillotine cutters are never employed. If trimming is necessary, it is accomplished with handheld scissors or specialized shears designed for trimming fragile sheets carefully and accurately. One document is cut at a time to ensure no text is lost. Surface Cleaning Surface cleaning sheets removes materials and deposits including dust, soot, airborne particulate, sediment from water damage, mold/mildew residue, active micro-organic growth, insect detritus, or biological or mineral contaminants.Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. Removal of Fasteners Kofile removes fasteners, page markers, and any metal mechanisms. Fasteners,such as binder clips, staples, paper clips, string ties,rubber bands, brads, straight pins, etc., cause damage in short periods. This includes physical damage (decreased paper strength due to punctures or distortion) and chemical damage (rust). Removal of Tape, Adhesives, Varnish, or Old Repairs Varnish,tape, and adhesive residue are reduced as much as possible without further degrading the original. When possible, peelers and tape are removed with two primary mechanical techniques: Heat Removal or Peeling. Heat removal is used when adhesive is loose, old, or brittle. Peeling is used when removal by heat is unnecessary. Solvents are a last resort, and local application occurs only after testing. Brazos County Clerk February 23,2024 Probate Case Files-Phase 3 ©Kofile,Inc.All rights reserved. 14 A microspatula (sometimes heated) coaxes threads, tape, and glue € from the paper.A Hot Tools remover can soften adhesive for removal #� t '� Dial-Temp controls the transfer of heat and guards against scorching. - ' '° Remaining adhesive is treated with a gum compound eraser. s t Adhesive reduction begins with the most benign process. If , � ; mechanical tape removal is unsuccessful, the next alternative is � chemical.This is either a local or spot treatment or immersion in a E . solvent bath. Kofile ensures that its laboratories are equipped to 4` Ek,� { process chemical treatments correctly and safely. Previous repairs that.. . cannot be removed safely will remain. r If possible,water-soluble repairs are removed with water or steam. Only 3 � fully-trained, experienced, and supervised staff attempt removal of R water-soluble repairs. While iron gall ink is safe for aqueous treatment, many inks may fade and compromise legibility. Extensive testing is required. Flattening and Humidification Improperly stored paperer s ,� _ , becomes inflexible and retains a , ' .. :. 4 � memory of the storage position. , Kofile's technicians are , ' 4 ` r ,, ��t , D R � experienced with all methods . ' x ,,,� t. t ; '� ' DY{ a and tools to"flatten" paper including the use of tacking irons ` heat presses, and an Ultrasonic Humidification Chamber. "� .„y � .' ,, '�{@x; fe Skit `w.^.., M'mt kS �+ �yx $� .IN '��'""'k ^�.. �s t Sx $ Y ..p . After careful testing, the V - �- $ �� 10 ate.-;: r x' Ultrasonic Humidification ' *•; „ Chamber is used to correct the It. " ,f,, ,- t - �� - t}V most fra ile documents folds and � '� �' F k bends.This significant investment t ,a _ v with which other private labs are V rarely equipped, represents Kofile's foresight and commitment to offering the best available technology. Mending torn paper is an art form and requires a variety of materials depending on the paper's color, tone, condition, and weight.The length of the tear(s) and the degree of embrittlement or fragmentation are also concerns. Kofile generally mends tears greater than 1/2"if the document is going to be encapsulated. February 23,2024 Brazos County Clerk hase 3 ©Kofile,Inc.All rights reserved. 15 Probate Case Files-P A specialized paper and and paste is _ "' ;f _, commonly mending r i materials are acid free and `f p A �' reversible. Mending strips are cut so the ;'4 ;, ! Y �, edge of the paper visually integrates witir h the page without clashing aesthetically or ,' .i ;� 7* i ` ' ii ' historical) Fragmented ed es, folds, ski °' .y. 0:� .' `�`: tears, cracks, voids, and losses are all t 3 '' , `Rg ' i "" L � mended in this fashion.The mending " ` ,' '`' , "' 3 paper used is strong and is transparent t _ - `, after application •and while visible to the taw, ty v4 "'" r trained eye, it does not distract from the , �' '^� , a yst (• 4. R document. , .t.� "' t A low-temperature, acrylic adhesive that bonds to (; the paper may also be used for reinforcement of i. $ ,w . 'r � '�'� „ damaged sheets, Kofile also constructs its own ` ' ,i version with acid free tissue paper and liquid acrylic 3 ' ; Ate; �` 4 adhesive. An 1848 Probate Record before and after i � '`. „ �., treatment.The image to the right shows the page * after deacidification, tape removal, and mending ,, with archival tissue. ; • k ',.; � R �g �.isi,,, sii:::::zi4s 5 , Deacidification �"' ` , fr - �" '' Deacidification is only performed after careful pH 1 '"• �' f 4 ...; mot_ 1 and compatibility testing. Kofile is equipped with ems ,, multiple custom-built spray exhaust booths.All are ` ` �� - routed through a HVAC system for optimum performance. A commercially-prepared buffer Q w '' solution is applied to both sides of the sheet with compressed air sprayer. n,'4,' ,,:,,,%, °. •equipment (see right picture).The s Y" 4 "` i solution is non-flammable and non- '�, � ' } toxic.The active ingredient, �. " - ti; ;;Y' {; , 7E14: magnesium oxide, neutralizes acid Ag ` : ss. and provides an alkaline reserve.This fih ` . h chemical is inert, safe, and does not , �.: 7k :1 ; � ` degrade the sheet. *\� � F �` _ • Once the buffer is applied, the ; t , ," 1,7� N. µ °wOj t." f a ''i. ' r x - ix ,,aj u 4 ` T a �x 40, paper s pH alters slowly. After de �_ a acidification, random testing ensures :r � `" an 8 pH with a deviation of no more " ' than 2-4%. Encapsulation In archival encapsulation, the document floats freely and is not taped or glued to the pocket, Kofile uses SKC SH725 polyester (Polyethylene Terephthalate PET) which is the most inert, rigid, dimensionally stable (dimstab), and strongest plastic film. Otherwise known as Mylar®Type D or February 23,2024 Brazos County Clerk Probate Case Files-Phase 3 ©Kofile,Inc.All rights reserved. I 6 Melinex0 516, it is crystal clear, „„` t $ smooth, odorless, and is resistant to � °me, " "` distorting or melting in case of fire. ;t,, :.,,, } : "�,,i,4",;,1,/ iir � `I � � �wit � 4 �t �4r�r "xzz�r hry�� �.� y",, Each sheet is encapsulated in a 2 mil 4, 1, €, , 4 4, ,_ patented polyester pocket. Lay Flat F v, k ., Archival Polyester PocketTM, US s te a` °` Patent #7,943,220 B1, 5/17/2011.This �, ` pocket is welded closed on three sides,and a Reemay®strip, or �g ,„"a �. ..v.z;/,,,'1,747--,::;::,,--;,,,,,;:4';'.$:', � ,,i! spunbond polyester, statically seals : ,,k. , } Y out atmospheric pollutants while k° g = r= �` allowing off-gassing on the fourth side.This provides easy access to the g ;�,, �0A original document without cutting the pocket (some companies weld all �;� a ,it � four sides). This construction allows for a flat book block and reinforces the binding edge for added strength and years of service.Available in custom sizes, the Pocket dimensions will match the `book block' dimensions with a 1'/2" or 11/4" binding margin. Archival Recorder Binders Volumes are hand-cased at 250 pages or less and pockets are punched (on the binding edge). Books with large capacities may be split to account for the weight of the Mylar. Kofile punches pockets to any hole specifications and can repair/replace index tabs. Kofile manufactures binder components at 1/4" incremental capacities on a per-book basis. Kofile punches sheets to any hole specifications and repair/replace index tabs as necessary. Kofile can manufacture custom binder sizes, shapes, spines, colors, and lettering. Each binder features durable cover boards and a spine to support the pages' weight.All materials, including the cover boards and adhesives, are acid free. Stamping Title stamping can follow the same format/style of the originals. A stamping sheet is sent for approval. If any titling, dates, or othert,� V information from an original volume is noted in error, Brazos County � ,b� ;4'...,7 ,.0,. .,, :�. ' -,.4..,::,:;,,,,,,...v4;. k-, Clerk is notified. Any changes are approved by Brazos County �w. Clerk. Tooling is performed with 23-karat gold foil. .:),\_,...., {� s' , a Brazos County Clerk February 23,2024 Probate Case Files-Phase 3 ©Kofile,Inc.All rights reserved. 17 Disaster Safe BinderTM (DSB) —� The DSB provides unparalleled protection and * ` . fir. } ,'+n T i . &a storage. Developed after Hurricane Katrina to address the devastation of the Orleans Parish 4 x archives, it protects sheets from water, fire, and physical disruption.The prima ry problem in 2005 was 100%relative humidity.With weeks of no power, mold was rampant. A hard lesson, the DSB addresses what went wrong in that disaster. The DSB enables the encapsulated sheets to hang from the binder's posts—much like a hanging vertical plat cabinet.This feature allows collections to return in a smaller storage footprint with 4PostTM Shelving. , 4+,2' Any product that fails to operate properly or maintain its original integrity is replaced at no cost to Brazos County Clerk.This is Kofile's commitment } td °= r- of value and service to its customers. The DSB provides functionality and access ease while offering the 17- highest rate of return on the client's investment. It is a portable vault for housing records of enduring value. It provides progressive protection _ � from exposure to fire,water, Relative Humidity (RH), atmospheric ' pollutants, ultraviolet (UV) light, impact, and drops.The DSB also features yi3; a lifetime warranty against rust. xP.Other DSB Features Include: Stainless Steel—The metal mechanism and book block apron are constructed of stable, corrosion- proof 316 stainless steel,which does not emit harmful gaseous pollutants like cold roll steel. Support to the Book Block—The DSB is equipped with a Polyester Foam Insert,which ensures physical support to the book block and allows library-style storage. Microclimate—The DSB creates a Microclimate, an independent, stable environment separating sheets , � from the external atmosphere. N .i Yyc`� 44 • Security Lock—A security lock hinge protects fromr .. theft. 4.M a 7 i ,14 Y" :1 " Nonflammable &Self-Extinguishing—With ;� . nonflammable cover boards and materials,the DSB is self-extinguishing.These proprietary features protect the contained pages in extreme temperatures. February 23,2024 Brazos County Clerk ©Kofile, Inc.All rights reserved. 18 Probate Case Files-Phase 3 ARCHIVAL DIGITIZATION Imaging a document and digitizing a collection a g creates an electronic representation of the 4 original archival record.This process is not meant = y$ ,` . to replace the archival record, but to aid in its preservation.The image serves as a reference tool and is a back-up if the original is damaged �� or destroyed. TT^� �� 0,1 d+ Archival digitization includes capture and , 4 11 processing (custom image enhancement and ,r- ' cleanup) and optimization for access. !• ° ' as ; ,• Kofile's services are unique because materials are addressed according to their conditions and fold NM would Ihis image leek like if Imaging l%lfHOUT(onserva/ian endurances without blind, automatic scanner stowed AS IS?' feeds.Technicians are trained to handle fragile and historical documents and use the best hardware and software available. Many projects involve re-work for collections already imaged or indexed by low-bid vendors. With Kofile, images are the highest quality and are free of distortion and loss of information due to image capture. Kofile always defaults to U.S. National Archives and Records Administration (NARA) technical guidelines for digitization. Upon request, Kofile stores an electronic security back up of all images in case of loss, damage, or destruction by fire or natural disaster. SAMPLE PHASE DELINEATION DRIVE/DISC CROrIIM. PDF iFFt.< 1I 5 I va VERIFICATION SIGH oFr 4eso OUTPUT TO MEDIA MICROFILM 40M1 CONVERSION < METADATA (INDEXING) PREPXIS CAPTURE VALIDATE IK4DCI VA IDATE2 r THRESH SET THRESHOLD gs+ REPAIR OK2 r4CROP ME?ME L Mat e�t3�a Era r $QzwaL ttiSeituat SINSYratt c REWORK RHVORK Imaging Overview Operators observe each page during capture. For faint or illegible pages, the operator marks the page,readjusts the scanner, and employs contrast tools. If unsuccessful, the operator indicates and inserts a review form for the quality assurance team to assess.The page is marked with a "Best Possible Image Indicator" or treated with further enhancements. Images are captured at a minimum of 300 dpi at 256 bi-tonal or gray levels.This ensures the highest image quality for documents with poor contrast and difficult-to-read information. Images accumulate as Group IV bi-tonal images in a standard TIFF or PDF format. Images are optimized and scaled for system output. Brazos County Clerk February 23,2024 Probate Case Files-Phase 3 ©Kofile,Inc.All rights reserved. 19 . a ,a ;le" 1,3V • ,„ , a9 17.! •• ? zp 3 The amide implies that partial document destruction is own al.This is unacceptable and contrary to any preservation standard.Katie has the experience and expertise to handle fragile documents and':e ddress the physical preservation of the source document, Sovtceylligglas,Jessie 7emtders Office Preserving Oldest tavnlylAerardsbyflig tizing Them Some.Ceniury-0!dPages Enable Nenloofa,,' Evansville Courier Dress;Apo image Processing and Enhancement IMAGEPERFECT is Kofile's proprietary digital SLR-based software which utilizes proprietary algorithms, critical for capturing different densities and quality levels in a collection,to provide optimal quality and uniform images. Image Perfect measures each image at a minimum for the following attributes: • White-on-white images • Tone correction • Synchronizing images from different scanners • Resolution adjustments • Floating page cropping &segmentation • Metadata Normalization • Rotating &de-skewing images Kofile utilizes the Microsoft®SQL database as the underpinning for its production systems and IMAGEPERFECT allows operators to interactively build and edit image processing scripts,which can be saved for batch processing. Progress tracking capabilities'can identify exceptions enabling supervisors to quickly and efficiently correct problems.This software automatically detects and compensates for a scanner(s) variances.The Assured Image delivers consistent, high-quality output. IMAGEPERFECT enables repair of the currently displayed image without rescanning which could compromise image integrity, and uses custom image clean-up and enhancements such as deskew, despeckle, character repair, and zonal processing to improve legibility. Kofile maintains 100% document integrity and image control with exclusive image locking capabilities.The processing procedures will not allow for information from rescanned pages to cut and paste accidentally into the incorrect page. Quality Targets permit operators to view image quality at scan. Images, even those scanned on different devices,are "normalized." Rather than using ad-hoc algorithms and tricks, this software measures image quality and propagates this data through the imaging chain. Quality Targets serve as the foundation for quality assurance analysis. Brazos County Clerk February 23,2024 Kofile,Inc.All rights reserved. I 10 Probate Case Files—Phase 3 Quality Targets (pictured herein) establish the baseline digital capture of '� scanning.Therefore, Kofile can measure the digitization physics at the timequality of capture the .scanner during IMAGEPERFECT measures each image at a minimum for: • Target dpi • Target Tone scale & ¢ correction ' • Color Management - y ',,,- • Brightness/Contrast "*.." Correction .,� • Gamma Adjustment t 1 • White Balancing 41 • Page Orientation • Exposure uniformity • Color reproduction f y, v data If applicable to the project, Kofile performs negative Photostat polarity reversal (so that all characters are black on a positive background). The document certification strip (file strip) is inverted to match the polarity of the final image. If requested, annotations are supported to allow the addition of Name, Book Type, Volume, and Page on the image. Image quality metadata is captured as part of the image header along with a secured digital signature that certifies the fidelity and integrity of every image scanned. U' ; SyT* 26d 1. r.Fy q f' g It j ''' � y ..t ,. ' i E a,�. '.. i..« n fi�e, sS ,t=-i. 1`r 15 Sf 'war ,r 3 y f_S 4v ,,9 .Laq, P 3 A y` c""' -0K r 3, {'. .,%, } . ' _i. ,a+ <�*„ ,6 sa- is £'< *w .. '9f 'J.w q tl' >f 's <" .. r ex., 511 A. S i , a✓+i.4 #�y `° 4 'a 3u t' ,E m If,,a1. 3 <t r �r ''3` Y�`�,3`?» €' At,� �''"�+ �, -0 �a k Aye � � i 1 t 1 r 'Y q., i ,z. x ,mot pp ti }} .... x a'�T �x «/.�r` - . - + ' S a A;,.,„, ' ,, :.i, ,� g x A<i b9k,,, • 6' kc::: �r.�1 i ur-,.....y„ +�',;.x k L`,'"" y '..a k €.�....' w ..9 # < f .t.,, ,-11,4„;",,f;',,,cr'tg't,„-'4.,„I',' -,-=','„,„:%,..t;!,,,,cart':'',.:- . --;' ,f'./'''t tii-a4tAli -/ i;"?‘ - ' ° iv,. _:., ,,,,; ,..ifiz;r �' Y ",: i "i, i,, .gyp . p�«+ r „ rs« -'•is s !. '� ;r '* { "o rs F a� �...:11f i {}, ,, 4 °, # z kr,%s tom .'< �z i - M'",.' .,3 ; <f= n i M er': .47 '' a - t, a'ems„ . 'x s '�" A s _ �9 `` r -—,i„� .,<_.-4 e ,3 i � n'',' {F 'f= y s + 1 i _ x'-` ,, ""'"'P i€ v �< 3'"a � s r - .. Et� e�6 �t�:� ({ # .v .i.r s+°.'tr: ,g i,,t,Aic�y .< F *-;,,,.,,,. r,i _ t r. '4 #r ,�Y T 3'.t Yc "^; ,> ,�a g �$ 4.9-1. k ,-,4* t t 1ft , F' -'. . s, S, f S S1 # , ' .1M 3 -,%_`Rt." i "✓�' wvssrw'H $<'.. ; 2ti S.+ ra`� ...:, ^' �`, & '; r{ ray. t ... «.r` .€4 r w,* .., .S£-R*rs.�!;� w r, e r" �.. GULF OM CORPORATiON mx ;X I% +.;,, .,4 y x a, �.; �e ye a-x 0:;„."! E .a�,t.e .sue. .<.. ." Examples of im4 aging before (L) and after (R) advanced image cleanup and enhancements. Brazos County Clerk February 23,2024 Probate Case Files-Phase 3 ©Kofile,Inc.AU rights reserved. I 11 Quality Control (QC) Our Quality Control (QC) process ensures that all images are certified. Each image is sight checked during QC. Each page is checked to ensure there are no missing pages, double feeds, or"A" pages, which may have been added. Every image is inspected and a statistical, random, batch-based review of 8% of the inventory is conducted before delivery. Brazos County Clerk can receive an image log noting the steps employed. Advanced Equipment Kofile can scan mixed-sized and large-format documents. Kofile employs a range of scanners to tailor imaging services to the document that requires imaging.All of scanners employ page detection to adjust for varying sizes of paper and, more importantly, thicknesses to reduce "pull-throughs" on thin papers following thick bond. Fragile documents are imaged by hand and not fed through an automated Document feeder. Kofile's technicians are trained to handle fragile documents. ARCHIVAL INDEXING Data integrity is essential. Kofile's proprietary indexing software and keying procedures is proven 99.25%accuracy. Prior to indexing, Kofile conducts a comprehensive assessment of Brazos County Clerk's indexing specifications to ensure accurate and consistent indexes, guaranteeing quick searches for users. During the assessment, Kofile documents established methods of indexing specific instruments, clarifying terminology, and the standards used to enter names, dates, and other basic required information.This analysis differentiates the following: • Cross-indexed documents • Differentiation between individual names &corporation names • Government departments & agencies • Alternate &alias names • Abbreviations, titles, & naming consistency (e.g., hyphens, nos.,spaces, &suffixes) Kofile's quality control procedures (QC) ensure that managers and supervisors internally research and answer questions about any problematic process. Kofile will contact Brazos County Clerk for any clarification and/or decisions needed. Client involvement demonstrates Kofile's pride in building successful professional relationships. Data Entry Procedures Consistently keyed fields will improve document retrieval and build a dependable, searchable database.To accomplish this, two technicians separately key the same entry for every field. Software is then utilized to ensure those separate entries match. Fields that do not match are sent to a supervisor to determine the issue, after which the entry is sent to a third technician to key a final time. With this methodology, each field is blind-keyed at least twice, and up to three times. Any amendments are communicated with Brazos County Clerk via an exception list.Some exceptions are to be expected as not all records contain all fields noted. Kofile will establish rules for these abnormalities once the project commences. Brazos County Clerk February 23,2024 Kofile,Inc.All rights reserved. I 12 Probate Case Files-Phase 3 SCOPE OF SERVICES General treatments and services are outlined in the following.Services are tailored to the needs of the specific item. Preservation—Conservation Treatments, Deacidify, Encapsulate, &Bind (PRV) • Kofile creates a permanent log (noting condition, page order, characteristics, and treatments) for each item upon receipt. Items are inspected and control numbered as necessary. A final quality check references this log. • Dismantle volumes by hand (if applicable). • Surface clean sheets.Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser.Surface cleaning removes materials and deposits—e.g., dust, soot, airborne particulate, sediment from water damage, mold/mildew residue, active micro-organic growth, insect detritus, or biological or mineral contaminants. • Remove any non-archival repairs, adhesives, residual glues, or fasteners to the extent possible without causing damage to paper and inks. • Mend tears and guard burns on back side of sheets with acid free and reversible mending materials. • Deacidify sheets (each side of each sheet) after careful testing with Bookkeepers®.This commercial solution of magnesium oxide, which neutralizes acidic inks and paper by providing an alkaline reserve (after pH and compatibility testing). Random testing ensures an 8.5 pH with a deviation of no more than ± .5. • Encapsulate each sheet in a Lay Flat Archival Polyester PocketTM. Each custom envelope is composed of Skyroll SH72S®Mylar and includes a patented lay flat design. Dimensions match the "book block" dimensions, with a 1'/4" binding margin. • Re-bind in custom-fitted and stamped archival quality binder. Each binder is manufactured on a per-book basis and sized to 1/4" incremental capacities.This binder is available with four hubs, a gold-tooled spine, and is roller shelf-compatible. A volume may return split due to the added weight of the Mylar, depending on page count. • A dedication/treatment report is included in each binder. Image Archival Image Capture, Image Processing, Clean Up, &Enhancements (IM) • Capture images at a minimum of 300 dpi at 256 gray levels, ensuring the highest quality for poor contrast and legibility. Gray-scale ensures optimum resolution for each page. • Images accumulate as bi-tonal images in a format to load to the County's record management system. • IMAGE PERFECT, Kofile's proprietary software, ensures the optimum image quality with custom image clean up and enhancements such as deskew, despeckle, character repair, polarity reversal, and zonal processing. • Crop excess blank space around image.This may involve manual cropping to ensure best quality image. • Images are named (tagged for the directory file structure) at case level by book, volume, and page. • Images are grouped (stapled) together to form documents. Cases are grouped and indexed to form documents by case number. • If applicable, images are optimized and scaled for system output. • Annotations are supported to enable the electronic addition (either custom or Book/Volume/Page) on the digital image to assist in recording keeping. Brazos County Clerk February 23,2024 Kofile,Inc.All rights reserved. I 13 Probate Case Files-Phase 3 • When multiple documents (Deeds, Birth Record, etc.) exist on a single page, images are split so that each document is viewable individually. In the case of Vitals, this service incurs additional charges. • STITCHING: If identified, images receive stitching where necessary, such as entries that horizontally span the length of more than one page.Amendments are stitched to the appropriate Certificate and indexed in place of the original Certificate. • Brazos County Clerk receives a MASTER in a medium suitable to the project size (e.g.,SFTP, USB). • Kofile can hold a security copy of all images for safekeeping. Archival Indexing (ID) • Key and blind re-key verify documents. • Formatting of metadata (indexes) per the requirements of Brazos County Clerk's System vendor. • If requested, Kofile can provide a Disaster Recovery electronic offsite backup of metadata. • Indexing fields, as applicable, and identified here: • Name • Case Number • Date. Brazos County Clerk February 23,2024 Probate Case Files-Phase 3 ©Kofile,Inc.All rights reserved. 1 14 PROJECT PRICING �_._-_.____ _____.__._� Without a signed agreement,prices are good for 90 days.All pricing is based on estimated page counts and condition.Final billing occurs on actual page counts and condition per mutually agreed upon pricing;not to exceed the P.O.without written authorization. Brazos County Clerk Probate Case Files Project Overview Preservation, Imaging, and Indexing Case Page 1 •Doc. Estimated :Range 1 Count ,1 Count :Total • 1367.1446 3.408 79 $40,078.32 1447-1473 3,408 26 $39,963.84 1475-1556 i 3,408 81 $40,082.64 i 1557-1644 3.408 ; 87 i $40,095.60 1645-1695 . 3,408 46 $40.007.04 PROJECT TOTAL $200,227.44 This proposal shall be governed by the terms of use found at Ntps://kofile.com/termsandconditions. Payment Terms:Pay 50%u.•• ` k-up with the balance due upon project completion. k box if a customer .0.Number will be re i d for Kofile to bill. 0 OMER A• EPT CE KOFILE ACCEPTANCE :. vti Signature of Authorized dOOfficial Signature of Authorized Official - A N � E 1'el."t e-S Michael..Cobb Print Name of Authorized Official Print Name of Authorized Official " Coexwr`I 17tL-OQ,E_ Regional Vice President Title of Authorized Official Title of Authorized Official 4. 3 j01 Cv I c O a+ 03/21/2024 Date - Date Brazos County Cleric February 23,2024 Probate Case Files—Phase 3 ®Kofile.Inc.At rights reserved.115 PURCHASING VEHICLES STATE OF TEXAS CO-OP MEMBER LISTING FOR Brazos County Clerk Purchasing Via TXMAS LINK https://www.txsmartbuy.com/membership_details?memberid=448 Please CO-OP # CO211 reference Contract No. Contact Wm. Charles Wendt; cwendt@brazoscountytx.gov TXMAS-23- 92001 directly Expiration 7/28/2024 on the P.O. Kofile can prepare a 'Shopping Cart' in TxSmartBuy so Brazos County Clerk can complete this purchase. Brazos County Clerk is billed usin• the followin• TXMAS line items: TXMAS BILLING LINE ITEMS �`1 , °' r yp ;ms >�. � .� e � ,:,r .� a � d,�� �3 ,'8t # �'�' �7.7 a 2a s > w , P•r14No ',NIP X { �.. DESC,t1P$TION ' ',°�, 12 UNIT§ -� QUANTITY:, LINE TOTAL" �$,. r, e,e '.t.'aWR@' .1C.1' "A ''T fXf'�, sx ^�A.:M1gA.. .,'�= lEa ads g.�w hw Yw4,4:444 `$.Y PRV703 96272 Case File Preservation by Page Page $10.81 17,040 $184,202.40 IND705 92021 Backfile Archival Indexing of Case Files Doc. $2.16 319 $689.04 IMGP705 92030 Archival Imaging of Case File/Manuscript or Tri-Fold Page $0.90 17,040 $15,336.00 TOTAL $200,227.44 ACCESSIBILITY OF RECORDS Records held at Kofile are maintained as private and confidential material. Brazos County Clerk is guaranteed access to records via email or toll-free fax at our expense. Upon receipt of a records request, Kofile will flag the requested record and verify inventory control, pull supporting paperwork, and email/fax a response to the approved requester or alternate.The turnaround time for a records request will meet or exceed requirements. Please note that all records (including volumes, documents, digital images, metadata or microfilm) serviced by Kofile shall remain the property of Brazos County Clerk.This policy applies to any agreement, verbal or written, between Brazos County Clerk and Kofile. The records are not used by Kofile other than in connection with providing the services pursuant to any agreement between Kofile and Brazos County Clerk.The records are not commercially exploited by or on behalf of Kofile, its employees, officers, agents, invitees or assigns, in any respect. Please let me know if you have any questions. We look forward to serving Brazos County Clerk and to working together for the preservation and access of its public and historical assets. Sincerely, Billy Gerwick Billy Gerwick c: (832) 373-9124 e: billy.gerwick@kofile.com Igs February 23,2024 Brazos County Clerk ©Kofile, Inc.All rights reserved. I 16 Probate Case Files—Phase 3 3/20/24,9:32 AM Terms&Conditions-Kofile K • 1'4 0 1 e Solutions " The Kofile Way Resources Stories Company Contact P , I . ,, , PAW' ", . . , , , tt::::, ir i S . rt (44-,i' i 1- C c)im 1/4.., i . .... https://kofile.com/termsandconditions/ 1/9 3/20/24,9:32 AM Terms&Conditions-Kofile • Last Revised Date May 25,2022 Welcome to Kofile Technologies, Inc.,("KOFILE"). Kofile is a Delaware corporation with a business address of 6300 Cedar Springs Road, Dallas,Texas 75235. These Standard Terms and Conditions ("Terms")are incorporated into and a part of the contract between Kofile and the Customer under which Kofile provides services or products(collectively"Services")to a Customer. A Customer is the governmental entity or company which has executed an Agreement with Kofile for Services. Customer and Kofile may each be referred to as a"Party"and together the"Parties." 1. Agreement The Agreement means the contract between a Customer and Kofile consisting of these Terms and any proposal, purchase order,or sales order("Proposal")signed by a Customer which incorporates these Terms. Except as agreed to in writing by the Parties, the Agreement does not include any other terms and conditions included in any purchase orders or other documents related to the Proposal made or accepted by the Customer. In the event there are conflicting terms between the Terms and Proposal, these Terms will control unless expressly provided for otherwise in the Proposal. 2. Scope and Timing of Services During the term of the Agreement, Kofile will provide Customer with Services outlined and set forth in the Proposal. Unless otherwise specified in the Proposal, Kofile will arrange for the transportation of the Customer records for Service as necessary and Kofile may use third parties to provide certain portions of the Services. Kofile will use reasonable efforts to complete the Services within the time-period(s) indicated in a Schedule or as otherwise agreed to by the parties. 3. Term The Agreement will become effective on the date ("Effective Date")the Proposal is fully signed by an authorized representative of both parties and will remain in effect for the term identified in the Proposal ("Initial Term"). If no term is identified in the Proposal,the Agreement will remain in effect until any of the following occurs:a) delivery of product(s) httos://kofile.com/termsandconditions/ 2/9 3/20/24,9:32 AM Terms&Conditions-Kofile or completion and acceptance by Customer of Services; b) or is terminated by either party. 4. Termination This Agreement is subject to termination for convenience and without penalty by either party with no less than thirty(30)days written notice to the other party. Either party may terminate this Agreement for a material breach of the other party if such breach remains uncured after ten (10) days written notice to the other party. Kofile will use reasonable efforts not to incur additional fees upon notice of termination. Customer will be responsible for payment of all Services performed through the termination date. 5. Payment Terms a. Fees.Customer will timely pay all undisputed amounts required under the Agreement. Kofile's Proposal pricing is provided as good faith estimate of cost based upon information about the project provided to or understood by Kofile. Actual pricing may vary based upon the actual quantity and condition of records as determined after a full assessment performed by Kofile once it receives the Records. As a result,actual price may vary from an estimated price listed in a Proposal. Kofile will notify Customer within a reasonable period of time from when it determines actual price will exceed an estimated price. b. Invoicing and Payment. Unless otherwise provided for in the Proposal: a) payment of all fees is due in full upon the Effective Date of the Agreement;and b) Customer will pay all invoiced amounts due within 30 days of the date on the applicable invoice. Customer is responsible for providing complete and current billing and contact information. c. Taxes. Fees do not include any taxes, levies,duties,or similar assessments of any kind including value-added,sales, use or withholding taxes("Taxes"). Unless indicated otherwise in the Proposal,Customer is exempt from Taxes and can provide an exemption certificate or citation to legal authority outlining Customer's tax-exempt status. Kofile is responsible for taxes assessed against Kofile based on its income, property,or employees. d. Suspension. Kofile may suspend provision of Services to Customer if Customer does not pay in full any undisputed balance within sixty(60)days of the date of an invoice until Customer satisfies any undisputed. https://kofile.com/termsandconditions/ 3/9 3/20/24,9:32 AM Terms&Conditions-Kofile 6. Appropriation The obligations of Customer under the Agreement are expressly contingent upon the availability of funding. In the event Customer is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding,Customer may terminate this Agreement by written notice to Kofile. Notwithstanding the foregoing, Customer is responsible for and shall pay for all Services performed up through and including the date of termination. 7. Indemnification Kofile shall defend,indemnify,and hold harmless the Customer and its officers, agents, and employees,from any and all losses,claims,demands,damages, injuries,causes of action, assessments, penalties,costs,expenses,judgments,or other liabilities (collectively"Claims") arising directly out of Kofile's negligent performance of any Services provided pursuant to this Agreement. Kofile's indemnification obligation shall only exist for the Term of this Agreement. Nothing in this Agreement shall be construed to require Kofile to provide indemnification for Claims(a) arising out of or otherwise related to,in whole or in part,the negligence or willful misconduct of the Customer or(b) concerning or otherwise related to the accuracy or inaccuracy,content,or omission of any information provided by,or on behalf of,Customer to Kofile. 8. Limitation of Liability a. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS,PENALTIES OR DAMAGES,WHETHER IN CONTRACT,TORT,OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING THE FEES PAID BY CUSTOMER TO KOFILE IN THE MOST RECENT TWELVE (12) MONTHS. b. UNDER NO CIRCUMSTANCES WILL EITHER PARTY TO THIS AGREEMENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE,INTRINSIC VALUE,OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY.THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. Insurance Kofile shall maintain in full force and effect,for the term of this Agreement,the following types of insurance: (a) Commercial General Liability insurance of not less than $2,000,000.00 each occurrence,and $2,000,000.00 in the aggregate,(b)Automobile Liability insurance of not less than $2,000,000.00 combined single limit, (c) Errors and https://kofile.com/termsandconditions/ 4/9 3/20/24,9:32 AM Terms&Conditions-Kofile Omissions Liability insurance of not less than $5,000,000.00,and (d)Workers' Compensation insurance meeting or exceeding the statutory requirements,and Cyber/Privacy insurance of not less than $5,000,000.00.A Certificate of Insurance confirming these coverages and limits will be provided to the Customer upon request. Customer will be listed as an additional insured on the commercial general liability and automobile coverage policies solely to the extent(a) of the required insurance limits and (b) of the risks and liabilities assumed by Kofile in this Agreement. Kofile shall cause insurer to furnish to Customer future certificate(s) evidencing the insurance described herein at any time upon request. Kofile will provide Customer with no less than thirty (30)days' notice of any material change, notice of non-renewal or cancellation. 10. Confidentiality a. Subject to legal process and any public records request laws, information disclosed by or otherwise obtained from a party ("Disclosing Party")to or by the other party("Receiving Party"),designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure,will be maintained in confidence by the Receiving Party.Customer will provide Kofile sufficient notice of any public records request pertaining to Kofile information to allow Kofile time to identify to Customer any applicable exemptions to disclosure for Customer's consideration. b. Confidentiality Safeguards. Kofile will maintain appropriate physical, administrative and technical safeguards to protect Confidential Information constituting non-public personal information provided to it by Customer. Kofile will only use and disclose non-public information to its employees,agents,or subcontractors for the purpose of providing Service subject to the terms of the Agreement. Kofile will be permitted to compile and use aggregated or anonymized data from certain Services for Kofile's business purposes provided Customer is not identified as the source of such data. Upon creation, Kofile will be the owner of any aggregated or anonymized data and may copy,comingle, and use such data for analytics, improving our services,or any other lawful purpose. c. Healthcare Information. Personal healthcare information (PHI) and other healthcare information maybe subject to regulations including the Health Insurance Portability and Accountability Act("HIPAA"). HIPAA may require the parties to enter into a business associate agreement("BAA") regarding PHI. Unless indicated otherwise in the Proposal,Customer represents it is not a covered entity as defined by HIPAA and will not https://kofile.com/termsandconditions/ 5/9 3/20/24,9:32 AM Terms&Conditions-Kofile provide healthcare records subject to HIPAA without prior notice to Kofile so the parties may determine whether a BAA is required. 11. Customer Property All Customer property,including Records,sent to Kofile by Customer will remain the property of Customer. Upon written request,Kofile will return to Customer any Customer property it may possess or control. Kofile may destroy any electronic images or copies of Customer property ninety(90) days after the completion of the Services unless otherwise agreed upon by the parties. Kofile will provide Customer reasonable access to,or copies of, Records upon request while in the custody or control of Kofile. 12. Service Warranty Kofile warrants to the Customer that all Services provided under this Agreement will be performed in a manner consistent with or greater than that degree of care,qualification, and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the time the Services were performed. If any work is reasonably determined by Customer to be less than professional quality, Kofile will correct such work without charge.This warranty extends for ninety(90) business days past termination or expiration of this Agreement.This warranty is limited to reworking of the unsatisfactory product without change to the original specifications and without regard to the amount of effort expended on the original work product. THE GOODS AND SERVICES ARE PROVIDED ON AN "AS-IS"AND "AS AVAILABLE" BASIS. EXCEPT FOR THE SERVICE WARRANTY PROVIDED HEREIN, KOFILE AND ITS AFFILIATES AND AGENTS: 1) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,TITLE,QUALITY,ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE,OR TRADE PRACTICE;2) DO NOT WARRANT THAT ACCESS TO GOODS AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE,OR THAT ANY INFORMATION,SOFTWARE,OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH SERVICES IS ACCURATE, COMPLETE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENTS OR COMPONENTS;3) SHALL IN NO EVENT BE LIABLE FOR ANY INACCURACY, ERROR, OMISSION, OR LOSS, INJURY OR DAMAGE(INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS,OR INTERRUPTIONS OF CUSTOMER. 13. General https://kofile.com/termsandconditions/ 6/9 3/20/24,9:32 AM Terms&Conditions-Kofile a. No Actions,Suits, Proceedings,or Debarment. Kofile warrants there are no actions,suits,or proceedings, pending or threatened,that will have a material adverse effect on Kofile's ability to fulfill its obligations under this Agreement. Kofile certifies as of the date of the Agreement, Kofile is not on the federal government's list of suspended, ineligible,or debarred contractors. b. Relationship.The parties are independent contractors,and this Agreement does not create a partnership,franchise,joint venture,agency,or employment relationship between the parties. c. Assignment. Kofile will not assign,transfer,or convey its interest in this Agreement without the prior written consent of Customer,which will not be unreasonably withheld. Notwithstanding the foregoing, Kofile may freely assign this Agreement to a corporate affiliate or in the event of the sale of all, or substantially all,of its assets. d. Notices.All notices to Customer will be sent to the address identified on the Proposal. Notices to Kofile will be sent to the following address: Kofile Technologies, Inc. 6300 Cedar Springs Road Dallas,Texas 75235 Attention: Legal Department Legal@Kofile.com All notices must be made either via email, conventional mail,or overnight courier. Notice sent via conventional mail,using registered mail, is deemed received four(4) business days after mailing. Notice sent via email or overnight courier is deemed received twenty- four(24) hours after having been sent. e. Force Majeure. Except for payment obligations for Services,any delay in or failure by either party in performance of this Agreement will be excused if and to the extent the delay or failure is caused by conditions beyond its control including but not limited to war, riot,strike, lock-out,fire,flooding, natural disasters,pandemics,force majeure events of subcontractors,or any other cause beyond the reasonable control of the party whose performance is affected. f. Waiver.The waiver by either party of any breach of any provision of this Agreement does not waive any other breach.The failure of any party to insist on strict https://kofile.com/termsandconditions/ 7/9 3/20/24,9:32 AM Terms&Conditions-Kofile performance of any obligation in accordance with this Agreement will not be a waiver of the party's right to demand strict compliance in the future. g. Survival. Unless otherwise provided elsewhere in the Agreement,the following provisions shall survive termination or expiration of the Agreement:4 Payment Terms,6 Indemnification,7 Limitation of Liability,9 Confidentiality, 10 Customer Property, 11 Service Warranty,and 12 General. h. Severability. If any provision of this Agreement is determined to be illegal or invalid,they will be severed from the remainder of this Agreement without affecting the enforceability of the remaining portions. i. Governing Law.This Agreement and all matters arising out of or relating to this Agreement,shall be governed by the laws of the state of Customer's primary place of business without reference to the principles of conflicts laws. j. Modification of Terms.The Agreement may not be amended or modified except in writing and signed by both parties to the Agreement. k. Authority and Signatures. The individual signing the Agreement on behalf of each party represents they have authority to enter into the Agreement on behalf of their respective entities and the execution of the Agreement is an act of the entities and constitutes legal,valid, and binding obligations of the parties. Each party agrees the Agreement may be electronically signed, (digital or encrypted) and electronic signatures have the same force and effect as manually written signatures. 1. Entire Agreement.The Proposal and these Terms constitute the entire Agreement between the parties regarding the provision of Services and supersedes all prior agreements,representations,arrangements,and understandings,whether oral or written,express or implied,with respect to the subject matter. httos://kofile.com/termsandconditions/ 8/9 3/20/24,9:32 AM Terms&Conditions-Kofile % " NEW TO KOFILE? What is Critical Records Management? Kofile Headquarters Preservation Solutions 6300 Cedar Springs RD Dallas,TX 75235 Digitization Solutions Call us at(833)563-4533 Access Solutions QuickLink support:websupport@kofile.com 2024 Kofile.All right reserved. Terms and Conditions COMPANY POPULAR LINKS The Kofile Way Resources Leadership Contact Careers httos://kefile.com/termsandconditions/ 9/9 ,..,..,.....,r....., KONE CareTM Passenger Safety ,' RISK MITIGATION SOLUTIONS E February 13,2024 KONE Houston Shelley Turek 15800 International Plaza Dr.,Suite Brazos County Auditor's Office 150 Houston,TX 77032 Phone:.18329953491 Fax: Re:Brazos Co.Courthouse-Ely.B Jack Replacement michael.nabors@kone.eom Dear Shelley Turek: As your elevator service provider,we would like you to know that safety is a top priority.We strive to provide safe vertical transportation for our customers,your passengers,and a sate working environment for our technicians.Because of this,we want to inform you of an important safety Issue. KONE has reviewed of your elevator,after additional research,we believe your elevator{s)were most likely installed using what is known as a single bottom hydraulic cylinder.While In some cases it is difficult to be absolutely certain.based on our experience,inspection,and other information we have reviewed,it is our opinion that this conclusion is accurate. In 1971,the elevator industry began manufacturing cylinders with safety bulkheads,also referred to as double-bottom cylinders.With age,in- ground cylinders are increasingly susceptible to corrosion and teaks.Such leaks in a single:botom cylinder can lead to an uncontrolled descent of the elevator cab,and under certain circumstances,a catastrophic failure with the car descending uncontrolled into the pit.It this were to occur there is a potential for serious and or fatal injuries to your elevator passengers.Additionally,leaking hydraulic fluid is a significant environmental concern that can cause severe damage to equipment and contamination of the surrounding subsurface. Double-bottom cylinders have been required by elevator code.ASME A17.1;since the 1970's,.help to prevent such catastrophic failures. Therefore,KONE strongly recommends your organization replace the single bottom hydraulic cylinder units as soon as possible.Replacement of the cylinder is the only way to truly eliminate the potential risks associated with a single bottom hydraulic cylinder.KONE believes the ask associated with a single bottom hydraulic cylinder are not acceptable and we strongly encourage you to take action immediately. We have endosed a proposal for the work necessary to replace the single bottom hydraulic cylinder with a code-approved double bottom cylinder to eliminate the risks described above.We urge you to immediately review,sign,and return this proposal to KONE so we can order the necessary materials and schedule labor to complete this work. KONE is committed to partnering with you to provide ongoing sale operation of your vertical transportation equipment.II you need additional clarification,we will gladly assist you.We look lorward to hearing from you. Very Truly Yours, Mike Nabors Senior SEB Sales Consultant KONE Inc. cc:KONE Risk Management KONE Opportunity#:0015392817 Page 1 of 4' CONFIDENTIAL ©2023 KONE INC. 3 tr KONE CareThl + N 7 UPGRADE PROPOSAL i'✓;OPIf FtOt",ftEPAtR APJf, February 13,2024 KONE Brazos County Aud toes Office Houston • 15800 International Plaza Or.,Suite 150 Houston,TX 77032 ATTN:Shelley Turek Phone:+18329953491 Fax'. Re:Brazos Co.Courthouse•Ely.B Jack Replacement michael.nabors@kone.com Description of Work We propose to furnish and Install the labor,materials,tools and supervisions to perform the following work on the B Service Elevator located at BRAZOS COUNTY COURTHOUSE. We will remove the existing hydraulic cylinder and furnish and install a new hydraulic cylinder. We will secure the elevator to the rails at the top of the hoislway,then will drain the hydraulic oil from the system and remove the complete hydraulic cylinder assembly.Atter removal of the complete hydraulic cylinder assembly,we will verify the plumpness of the existing hole.Once verified,a Polyvinyl Chloride(PVC)casing will be installed.The PVC enclosed casing is installed to help provide adequate cathodic protection from any future electrolysis and to provide an environmentally sale system. Once the PVC enclosed casing is installed,the new hydraulic cylinder will be installed,The hydraulic cylinder is made of heavy seamless steel and fitted with a steel end cap.The end cap is a dished seamless steel construction and is equipped with a safety bulkhead. Upon installation of the hydraulic cylinder,the existing hydraulic plunger will be inserted.We wilt then fill the hydraulic system with new hydraulic oil and attach the elevator cab back to the hydraulic plunger,A full-load safety test will be performed to confirm proper operation of the elevator system. NOTE:KONE assumes no responsibility for unusual conditions such as hole cave in andlor a complete hydraulic cylinder assembly embedded in concrete.The excavation of the hole to accommodate the hydraulic cylinder assembly is based on encountering soil free of rocks,boulders. building construction members,sand,water,quicksand,underground caves and;lor any other obstructions or unusual conditions.Should such obstructions or unusual conditions be encountered,additional time above or beyond the estimated number of working days to complete this project may be required.KONE will proceed on this portion of the repair on a time and material basis,billing you at our normal rates. We warranty the complete job.labor,and material,for one(1)year after completion of work.Warrantee of damage to the material only,caused by electrolysis at corrosion,fora period of five(5)years after completion of work. Work By-Others • If special drilling or excavation Is required,purchaser will be responsible for all building protection and alterations to bring this equipment in building,during use and to remove equipment from building.Purchaser is responsible to provide power required for the duration of the project. Purchaser wilt provide full,unrestricted access to the work area for the contractor's workers and their agents at all times during the agreed upon working hours far the duration of the project Purchaser will provide all necessary permits for welding,gas,burning and cutting in the elevator hoistway:Purchaser is responsible for deactivation and reactivation of fire,smoke andtor combustion sensors in the work area that may be activated by the effects of the operation required to complete this work. Hydraulic Cylinder Replacement Satab•botbm cybnea,Y ware ntta!ed,, tYTid4C.Mder16 sd 9rf2 oS.w tearn, CeMW0webs 000at}il sp%c4OT[Virden DAly*W ltlrr'OlannrE.2 .. i eabtabot'aa[1inders •Skilica 6tliataeada Cmat\eatttt j Untk,graGndtontAion Can taut. bet" tit thattboor 1 taUabt•oun WWI at a Nnye-botorn Moat a deoet q' K� w r.Ito dsen tt4a ot4a.,a ceute „_ �, i ms oravotw b nWa.7uaxam two toe 00 — '_1r•.'�7j't!,'• d. mama,a 400teo.onoo,,coma,elbtetlt nnduEa tlN410111d ttpt 7� oar 3 ••fir 1-r' aOho en farm by wore et WeodM :ml0Oguristaa Ot41.>t7 el akrata dmtalnt N twbu ad • bahat eakty bxi,tyl4 ttn4 moor Olio. f SelniKI PVC aato,*aaanlWed to .sa4mll aaela onto.panalcottmial aM parile c ArOvs lY p�aOcffi�1 tt' adrece!atalaten Meta 400do•bab1m :ammo oppkh»t4nswind CA+4 4.0awtelm mar aims on tour b KONE Opportunity#:0015392817 Page 2 of 4 CONFIDENTIAL ©2023 KONE INC. • rorrr'cjt,-4„,, is 1Z•. s 'E,. «„ ..su..r... ,._..__._. ._..�....._...>«....... ___.___a.zm_....r. —.Bat-.-...wn.5tw2u....te.___.r._>......,r.wuc=e.-rie_a.,......a.,,�.:. ...>.._x_,-'.....«......aw.........w.. : lr} +.._........: ......�.—N... , a,..o-s L.YYQ Our total price to perform the above•mr:ntioned work amounts to.:S337,000.00 plus applicable taxes. Our price includes applicable labor,material and permit fees.This proposal Is not binding on KONE until approved by an authorized KONE representative.Pricing Is subject to KONE's attached Terms and Conditions for tendered repairs and,by signing below.Purchaser hereby agrees to these Terms and Conditions.Price is valid for 30 days from the date of this proposal. THE CUSTOMER UNDERSTANDS THATTHIS IS A FIXED PRICE PROPOSAL.SUPPORTING DOCUMENTATION FOR MATERIALS AND/OR LABOR SHALL NOT BE A CONDITION PRECEDENT IN ORDER FOR PAYMENT IN FULL TO BE MADE TO KONE. The agreed delivery times for the project may need to be extended because of delays caused by measures undertaken to slob the spreading of the Cororwvirus(2019-nCoV)epidemic,such as mandatory holiday extensions and transportation restrictions imposed by authorities in China and other countries,and the availability of personnel,logistics providers and supply chains,due to She epidemic. down Payment The above quoted price is based on a$84,250.00 down payment,due before the order win be processed.Once the proposal is signed and loaded into our system a down payment invoice will be issued.KONE reserves the right to delay ordering of material or commencing work until down payment is received.In the event the order Is cancelled by the Customer,Customer shall reimburse KONE for all work performed and materials ordered as of the date of cancellation and Customer shall pay KONE a cancellation fee of 50%of the order value. •CE: - ' !Ding Agreement is y Respectfully submitted by, Igned and a- _; , e duplicate on behalf of Br KONE Inc- unly Auditor's••• e (Signature) ors, n r es n tent Pu-ei N E 1 ETEP-S .' � - (Print Name) (Approved by)Au nzed presentative C Lk 1..Ii / 0--1.ti7GE /Print Title) ,f�bate ! ra,lD ,a o cif r/1 /AeAsi trate KONE Opportunity#:0015392817 Page 3 of 4 CONFIDENTIAL ®2023 KONE INC. TERMS AND CONDRIONS This proposal is subject to the following terms and conditions,allot which are hearby agreed to: KONE shall submit invoices for the value of material delivered and/or labor performed,less the down payment paid at the time of proposal acceptance.A final invoice shall be issued by KONE upon completion of the work and shall include at balanoes due.Purchaser agrees to pay the amount of any tax Imposed by any existing law,or by any law enacted after the date of this Agreement.based upon the transfer,use,ownership or possession of the equipment involved in the services rendered herein.KONE reserves the right to discontinue our work at anytime until we have assurance,satisfactory to us. that payments will be made as agreed.Final payment shall become due and payable upon completion of the work described in this Agreement.KONE imposes a surcharge for payment made via credit card that is not greater than our cost of acceptance.The surcharge that we impose for this type of transaction Is a percentage of the amount paid via credit card,which will be notified to the customer at the payment portal.Failure to pay any sum due to KONE within thirty(30)days of the invoice will be a material breach.A delinquent payment charge calculated at the rate of Ito%per month,or if such rate is usurious then at the maximum rate under applicable law,shall be applied to the delinquent payments.In the event of default on the payment provisions herein.Purchaser agrees to pay,in addition to any defaulted amount.alt attorney fees.collection cost or court costs In connection therewith.The machinery, Implements and apparatus furnished hereunder remain KONEs personal property and KONE retains title thereto unfit final payment is made,with right to retake possession of the same at the cost of the Purchaser it default is made in any of the payments,irrespective of the manner of attachment to the realty. the acceptance of notes,or the sale,mortgage or lease of the premises. The states requiring notice prior to filing a lien,this notice requirement is hereby complied with. A party is not liable for failure to perform its obligations under the Agreement t such failure results from Acts of God,fire,tfood,unusual delay in deliveries, unavoidable casualties,terrorist activities,government sanction,blockage,embargo,labor dspute,strike,or lockout,concealed conditions,shortage or unavailability of materials,supplies,labor.equipment or systems,interruption or failure of electricity or telephone service or any other causes beyond the party's control.The non-performing party must promptly notify the other party in writing of the force majeure event and resume performance immediately upon cessation of the event. Purchaser agrees to provide safe access to the equipment and machine room areas.Should conditions develop beyond KONE's control,making the building or premises In which KONE's personnel are working unsafe.KONE reserves the right to discontinue work until such unsafe conditions are corrected.Should damage occur to KONE's material or work on the premises,by fire,thelt or otherwise.Purchaser shall compensate us therefore. Any asbestos removal necessitated by work described in this Proposal will be the Purchaser's responsibility.Purchaser shall provide documentation that the asbestos has been abated from the KONE work area and air clearance reports shall be made available upon request. Purchaser is responsible for at costs 01011 disposal should it be determined that oil horn Purchaser's equipment is contaminated. KONE undertakes to perform this work In conformity with the usual applied codes and standards,however,no guarantee can be made that all code violations or defects have been found.This work is not intended as a guarantee against failure or malfunction of equipment at any future time. It is agreed and understood that KONE is not responsible for damages,either to the vertical transportation equipment or to the bulking,or for any personal injury or death,arising from or resulting from any code required safety tests performed on this equipment. Nothing in this agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out oh,relating to or in any way connected with the use or operation of the equipment described above.Purchaser shall be solely responsible for the use,repair and maintenance of the equipment and for taking such steps Including but not limited to providing attendant personnel,warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment.Neither KONE nor its affiliates,subsidiaries or divisions shall be responsible or bade for any damages, claims,suits,expenses and payments on account of or resulting from any injury,death or damage to property arising or resulting from the misuse,abuse or neglect of the equipment herein named or any other device covered by this contract Purchaser shall al all times and at Purchaser's own cost maintain a commercial general rabirly policy covering bodily injury and property damage with the Emits of liability Purchasers customarily carry(naming KONE as additional insured)arising out of the services provided under this Authorization and/or the ownership,maintenance.use or operation of the equipment described herein. It is agreed and understood that Purchaser is solely responsible for ongoing maintenance and care of the equipment described above.IT IS EXPRESSLY UNDERSTOOD,IN CONSIDERATION OF OUR PERFORMANCE OF THIS WORK THAT PURCHASER ASSUMES ALL LIABILITY FOR THE USE, MAINTENANCE OR OPERATION OF THE EQUIPMENT DESCRIBED ABOVE AND FOR ANY INJURY.INCLUDING DEATH,TO ANY PERSON OR PERSONS AND FOR DAMAGE TO PROPERTY OR LOSS OF USE THEREOF,ON ACCOUNT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK TO BE DONE HEREIN,AND AGREES TO THE EXTENT PERMITTED BY LAW TO DEFEND,INDEMNIFY AND HOLD HARMLESS KONE.ITS OFFICERS.DIRECTORS AND EMPLOYEES FROM ALL DAMAGES.CLAIMS,SUITS,EXPENSES AND PAYMENTS ON ACCOUNT OF OR RESULTING FROM ANY SUCH INJURY,DEATH OR DAMAGE TO PROPERTY,EXCEPT THAT RESULTING FROM THE SOLE NEGLIGENCE OF KONE INC.Purchaser hereby waives any and alt rights of recovery,arising as a matter of law or otherwise,which Purchaser might now or hereafter have against KONE Inc.Provided hots-ever,that nothing herein shall constitute a waiver o(the Countys right to assert sovereign immunity. KONE warrants the materials end workmanship of the equipment for I year after completion.Purchaser's remedy is limited to repair or replacement of a defective part,in KONE's sole discretion.The warranty is limited to the replacement or repair of the part itself.and excludes labor.in no event shall KONE be responsible for damage due to normal wear and tear,vandalism,abuse,misuse,neglect,work or repairs or modfications by others,or any other cause beyond the control of KONE.KONE disclaims any other warranty of any kind,either expressed or implied,including without limitation the implied warranties of merchantability or fitness for a particular purpose,or noninfringenent. Unless otherwise agreed,it is understood that the work shag be performed during regular working hours of regular working days of the elevator trade.If overtime work Is mutually agreed upon and performed,the additional price,at KONE's usual rates for such work,shall be added to the contract price herein named. It is expressly understood and agreed all prior agreements written or verbal regarding the subject matter herein are void and the acceptance of this Agreement shall constitute the contract for the material and work specified In this Agreement.Any changes to this Agreement must be made In writing and signed by both parties. The terms and conditions set forth herein shall constitute the complete agreement for any work performed,AND shall prevail over and supersede any terms and conditions contained in any documents provided by the Purchaser, The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Brazos County,TX. KONE Opportunity#:0015392817 Page 4 of 4 CONFIDENTIAL 12023 KONE INC. Nip, Y'OF g BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2024 Breedlove Subd Final Plat DATE OF COURT MEETING: 3/26/2024 ITEM: Request for approval of the Final Plat of Breedlove Subdivision;18.07 Acres;William Dunn Survey,Abstract 108;City of College Station ETJ,Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 03/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvue Prelim Plan Application_Brazos.pdf Application for Development Backup Material Breedlove_Final_Plat 030724.pdf Plat Backup Material P OVED Duane Peters Date County Judge Brazos County Road & Bridge Office 2617SH21 West + Bryan, TX 77803 Telephone: (979) 822-2127 h, Fax: (979 775-0456 °ti , Email: plats@_brazoscountytx.gov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*: March 27, 2023 RESUBMITTAL: ❑ YES 21 NO PROJECT/SUBDIVISION NAME: Breedlove Subdivision PROJECT ADDRESS OR LOCATION: R48413 at 10566 North Dowling Rd and R48415 at 10608 North Dowling Rd LEGAL DESCRIPTION: PT OF Lot 1, WHITE CANYON ESTATES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 13 TOTAL ACREAGE 18.07 acres JURISDICTION : ❑ CITY LIMITS N College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT gl PRELIMINARY PLAN N FINAL PLAT El AMENDING PLAT ❑ REPLAT APPLICATION PURPOSE l RESIDENTIAL ❑ MANUFACTURED HOME El COMMERCIAL RENTAL COMMUNITY El OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES N NO 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. TxDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ® NO DIGITAL FILE SUBMISSION COUNTY ENGINEER Il ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING Xi ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:gis(c.brazoscountvtx.gov) CONTACT INFORMATION APPLICANT INFORMATION FIRM NAME: Beamon Engineering CONTACT: Daniel Beamon ADDRESS: 16172 Bench Lane CITY: Bryan STATE: TX ZIP: 77807 PHONE: 979-571-2407 FAX: EMAIL: daniel@beamonengineering.com PROPERTY OWNER INFORMATION FIRM NAME: EXQUISITE DEVELOPMENT LLC CONTACT: Craig Breedlove ADDRESS: 1645 GREENS PRAIRIE RD W STE 401A CITY: College Station STATE: TX ZIP: 77845 PHONE: 979-777-7953 FAX: EMAIL: craig.breed28@gmail.com ENGINEER INFORMATION FIRM NAME: Beamon Engineering CONTACT: Daniel Beamon ADDRESS: 16172 Bench Lane CITY: Bryan STATE: TX ZIP: 77807 PHONE: 979-571-2407 FAX: EMAIL: daniel@beamonengineering.com SURVEYOR INFORMATION FIRM NAME: Kerr Surveying CONTACT: Brett Lawler ADDRESS: 409 N Texas Ave CITY: Bryan STATE: TX ZIP: 77803 PHONE: (979) 268-3195 FAX: EMAIL: brett@kerrsurveying.net OTHER INFORMATION FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT/ AGENT AUTHORIZATION By my signatures I hereby affirm that I am the property Owner of record,or if the Applicant is an organization or business entity,that authorization has been granted to r P.Qt the�Qwner,organization or business in this Application.I certify that the preceding information is complete and accurate Rderstoodlaat IJagree to the Development/Subdivision of this property.., SIG zs PRINTED NAME: �2"tt r r Bj �, -- V L z � � ���1�- DATE: � 1 SIGNATURE: , 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 submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF FEES MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100 REPLAT: $200 RECEIPT BY BRAZOS COUNTY (Official Use Only) I 1 I °I DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED/REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County IN One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District E 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. lS 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 :hat 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. SIMPLIFIED FINAL PLAT REQUIREMENTS Every Simplified Plat shall include all of the following: IN Title Block with the following information: M Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. IN Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Xi Date of preparation. (Include the date of any revisions on the plat.) M Engineer's scale in feet. Total area intended to be developed. M Proposed number of Lots to be developed. EX Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. M North arrow. ® Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. M Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. M 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. 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. IN 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. 21 Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) CR Pipelines: label company with volume and page. IN All certification language as found in Appendix C. ® 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. M 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. l 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 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) N All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 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. N The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. LDS The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. gl 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. N 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. IN 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. RI 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 County Commissioner'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. N 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. IN 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. N If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. N 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. IN 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. IN 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. IJ 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. 1 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. IN This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. IN 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. MASTER PLAN / PRELIMINARY PLAN REQUIREMENTS 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. M Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) M Date of preparation. (Include the date of any revisions on the plan.) ▪ Engineer's scale in feet. 11 Total area intended to be developed. Proposed number of Lots to be developed. IN Abstract name and number. IN The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". N North arrow. 174 Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. i Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. N All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. L 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. I All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. L 3 All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. IN County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. N Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right-of-Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) IN All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. CX Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) LX Pipelines: label company with volume and page. Of 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. IA Size, in acres, of all Daughter Tracts. M Centerline tangent lengths and curve data for all proposed Roads. IJ 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. ® 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. I 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. M Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ® 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. IX The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. 6 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). N 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. l 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. N 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. N A 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). N 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. 21 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. A 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. 11 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. N Indicate the centerline length of each Road in the proposed Subdivision and its design speed. IN If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. N Locations of existing and proposed private alleys. IS Locations of existing and proposed public areas. ® Locations of other public Improvements, including but not limited to parks, schools and other public facilities. N The location of proposed cluster mailboxes, as required. 121 All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. L 1 Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. C1� 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. 12f This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. N 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. J Drainage narrative in compliance with the BCEDG. t 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. N All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: El For Road widening and drainage purposes the Owner shall dedicate the Right-of- Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right-of-Way. • If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. C1 The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. i 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. IA 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. N Locations of existing and proposed public areas. N Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. N 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. EZ Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. ® 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. N 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. is 9 9 9 f ill ell all i,1 3!€f i iq ;: i fat lk 1 ! 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" \ .g m w E 11 m f m> • BRAZOS COUNTY ' BRYAN,TEXAS DEPARTMENT: CC 2024-Right of Way NUMBER: Abandonment-Millican Townsite- 20"Alley-Block 35;Lots 3,4,5 • DATE OF COURT MEETING: 3/26/2024 ITEM: Consider and take action to close,vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 3,4 and 5 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 03/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Abandonment-Millican_Block 35-Quintero.pdf Abandonment-Millican-Block 35-Quintero Backup Material Abandonment-Quintero-CAD.pdf Abandonment-Quintero-CAD Backup Material 1 ato1a� � Duane Peters Date County Judge ORDER VACATING ROAD.. ("Order") STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, the Brazos County Commissioners Court desires to close, abandon, and vacate a public road upon the following tract All that certain, lot,tract or parcel of land lying and being'situated in the ELLIOT M.MILLIGAN SURVEY,Abstract No.40, Brazos County,Texas,and being a portion of the undeveloped 20- foot wide alley as depicted in Block 35 of the TOWN OF MILLICAN, according to the plat recorded in Volume "P", Page 484, of the Deed Records of Brazos County Texas (DRBCT) and this tract beingmore particularlydescribed bymetes and bounds in Exhibit A,attached hereto and:incorporated herein by reference; WHEREAS, Texas Transportation Code §251.001 defines "abandon" as to "relinquish the public's right of way in and use of the road"and defines"vacate" as to"terminate the existence of the road by direct action of the commissioners court of a county" TEXAS TRANSPORTATION CODE §251.001 (1)and(3); and WHEREAS,Texas Transportation Code§251.051(a)(1)states"the commissioners court of a county shall order that public roads be laid out, opened,discontinued,closed,abandoned,vacated or altered."TEXAS TRANSPORTATION CODE§251.051 (a) (1); and WHEREAS, Texas Transportation Code §251.051(b)(1) states "a unanimous vote of the commissioners court is required :to close, abandon, or vacate a public road:" TEXAS TRANSPORTATION CODE §251.051(b)(1); and WHEREAS, no person that owns property that abuts the public road being closed, abandoned and vacated has attempted to enjoin the ;''entry .or enforcement of this order.'' TEXAS TRANSPORTATION CODE§251.058(a)(1); and WHEREAS,the public road being closed, abandoned an.d vacated does not provide the only ingress or egress to any roe adjacent to it. TEXAS.TRANSPORTATION CODE 251.058(a) 2 ; and. WHEREAS,title to the public road being closed, abandoned and vacated to the center line of the road will vest on the date this order b is signedY countyjudge in the owner of the property that the abuts the road being closed;'abandoned and-vacated,and:a copy of this order shall be filed in the deed records of the county and serves as the official instrument of conveyance from the county to the owner of the abutting roe TEXAS TRANSPORTATION CODE 251.058(b . NOW,THEREFORE, IT IS ORDERED, upon proper notice and announcement as required by law,and upon motion duly made and seconded, and passed by a unanimous vote,as indicated by the • signatures of the County Commissioners below, the public road upon the following tract is hereby closed, abandoned and vacated: All that certain,lot,tract or parcel,of land lying and being situated in the ELLIOT M. MILLICAN SURVEY,Abstract No.40, Brazos County,Texas,and being a portion of the undeveloped 20- foot wide alley y as depicted in Block 35 of.the TOWN OF MILLICAN, according to the plat recorded in Volume "P", Page 4t34, of the Deed Records of Brazos County, Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A,attached hereto and incorporated herein by reference; FURTHERMORE, BE IT ORDERED that this Order serves as the official instrument of conveyance of the property described in Exhibit A, from the Grantor, Brazos,County, Texas, to the owner of property abutting the road closed, abandoned and vacated, said owner being FRANCISCO QUINTERO; the dimensions of the property being conveyed are described in Exhibit A, attached hereto and incorporated for all purposes herein. Issued by authority of the Commissioners •Court of Brazos County, Texas,this_____day of March,2024, Duane Peters County Judge )./i 0 — CommissionerSteve Aldrich ommissi oner Chuck Konderl Precinct 1 Precinct 2 Commis loner Nancy BerryCommissioner nda;J.Watson Precinct 3 Pre rnct 4 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before'me on 0 '! Ik _C4 O 2024, by Duane Peters,County Judge of the County of Brazos,Texas, a Political Subdivision of the State of Texas: I �.L.�, MARSHA ANDERSON `A. .::No Pubhc,State of Teacas �,��+N,. c�� M MY Comm:F.xp.Febma;y 15,2027 Notsrym 131luar 54 i Notary Public, tate o Texas STATE OF TEXAS - COUNTY OF BRAZOS it\This instrument was acknowledged before:me on ` (�(�C 1�:. 02 2024, by Steve Aldrich,Commissioner Pct::1 of the County of Brazos,Texas,a Political Subdivision of the State of Texas. • - 1,Lr'.SIIA ANDERSON /` 1-ic :.ryPublic,SttteofTwcss �� My Coml.'£x Feb:. •15,2027 Nota ubli ,State o exas ' Ifot.lry 1318;,",5-8 STATE OF TEXAS COUNTY OF BRAZOS �n This'instrument was acknowledged before me on ' tl ` 2C e 2024,by Chuck Konderla, Commissioner Pct.;2 of the Count y of Brazos,Texas, a Political Subdivision of the State of Texas MARSHAANDERSON , (s&- a ' Notary pub state of'Itiaas My Gatnm:.?" + 2027 '.. ,, •. ,. 131 i, Notary Pub` State of Texas STATE OF TEXAS COUNTY OF BRAZOS : This instrument was acknowledged before me on A 2Gt-c. ' ,2024,by Nancy Berry, Commissioner Pct. 3 of the County of Brazos, Texas, a Political Subdivision of the State of Texas -* M RSHAANDT,t'rt'iN ln_ Notary Put' ;St a 7hxas .,........._______D My Comm.FAD.. .5 2027 " �i a -� - _N, :, 1D 13 Notary Pu ic, Sta a of Texas STATE OF TEXAS COUNTY OF BRAZOS This'instrument was acknowledged.before me on t'.t RC-k-4 atu 2024, by Wanda J.Watson, Commissioner Pct.4 of the.County of Brazos,Texas,a Political Subdivision of the State of ' as:: f- mas AAPIDERSON N�,ypublic.State of Texas � ' ti ,•,February 15,2027 I I s *Com• '•13189G's5-8 Notary Pub of Texas EX'NzgS1". A McCLUREif BROWYNEENG/NEER/NG/SURVEY/NG,/NC•1008WoodcreekDrive,Suite l03.College Station, Texas 77845•(979)893-3838 Mey Abandonment Lots 3, 4 & 5 Block 35 : Texas Firm Registration No. /0103300 Page 1 of 2 I Oriot ligtnoine Lot9 5, 7 k B Lorgnwr I t I Now or Forme�I iy I for urn 1 Ray & Michele Raines II ; tod V.14454, P.136 I l 1 Scale. J 1°=40 ` _ _ Called 25,000 Sq. Ft. ° __ _ — — I Now or Formerly 9 Lz Timothy 6r I Nicole Huschka V.14302, P.54 V : P0 , L4 B. E 1 i 1 0.0344 Acres I M„ ct / ... .. I 1_ (1,SOO.O sq. ft.) � ` � I + Brocka1 Mean as Alley Abandonment I I :: • / Town I V..'P', P 484 I 8 i tk `ti% I II I . i Lots 3, 4tk5 �g'n i OW, I o:laot_ Now r imer Ln o 3I g I N o Fo .'�/ tot Line �{ Francisco 4uint . , : .ki " r I �h I V.13511. P.125 °D l.. 4/ I I 1 i Q y l 1 to ,", 33 o s I I I Pierce Street 100' R.O.W. '''Gravel Pvmt.. V.'P; P.484 L/N£TABLE is Grid North. Texas ORIGIN OF BEARING .The bearingsystem�y� State Plae ordinate System, Central UNtE BEARING DISTANCE L GIYif� : zone. NAD83 er GPS observations. The p L1 N 16'09'18'.E 10.00' 0 1/2' Iron Rod Found (CM) actual measured distances :shown hereon O. -- 1/2' Iron Rod Set Is consistent with the plot rocorded'.In L2 S 73'50'42* E 150.00': CM Controlling Monument Volume 'P','Page 484. Brozoa County Deed P.0.8.--Point of Beginning Records.,. L3. 5 15'09'18" W 10.00' metes.:. eo yye of 2 f and bounds L4 N 73'50'42* W .150.00 description prepared with .with this survey plat. L5 N 16'08'16`. E 10.00' 61(14ze-r-r A Page 2 of 2 FIELD NOTES 0.0344 ACRES Being all that certain tract or parcel of land lying and being situated in the EL.LIOT M. 'MILLICAN SURVEY,Abstract No 40, Brazos County,Texas and being part of the 20-foot wide Alley as depicted in Block 35,TOWN OF MILLICAN according to.the Final:Plat recorded in Volume "P° Page 484 of the Brazos County Deed Records (BC.D.R)and being more particularly described by metes and bounds as follows: BEGINNING:at a found 1/2-inch iron rod marking the west corner of this herein described tract, said iron rod also marking the north corner of Lot 3, Block 35 of said TOWN OF MILLICAN and being inthe east line of the. called 25,000 Sq. Ft. Timothy; A Huschka and NicoleL. Huschka tract recorded in Volume 14302, Page 54 of the Official Public Records of Brazos County, Texas (O;P.RBC),;from whence a found 1/2-inch iron rod marking the west corner of the called 25,000 Sq.:Ft. Huschka tract bears S 57 09'51"W at a distance of:152.40 feet for reference; THENCE: N 16° 09' 18" E along the common line,of this tract and the called 25,000 Sq. Ft Huschka tract for a distance of:.10.00 feet to a 1/2-inch iron rod set for the north. corner of this tract, from whence a found 1/2-inch iron rod marking the west corner of Lot 8, Block 35 of said TOWN OF MILLICAN bears N 16° 09' 18" E at a distance.of 10.00 feet for reference; THENCE: S 73° 50' 42" E into and through the called 20-foot wide Alley for a distance of 150.00 feet to a 1/2-inch iron rod set for the east corner of this herein described tract, said iron rod also being in the northwest right-of-way line of Wingfall Street (based on a 100-foot width); THENCE: S 16°09' 18" W along the northwest right-of-way line of said Wingfall Street for a distance of;10.00feet to a`1/2-inch iron rod set for the south corner of this tract, said iron rod also marking the east corner of Lot 5, Block 35 of.said TOWN OF MILLICAN, from whence a found 1/2-inch iron rod marking the south corner of said Lot 5, Block 35 bears S 16°09' 18"W at a distance of 115.00 feet for reference; THENCE N:73° 50' 42"W along the common line of this tract, said Lot 5, Block 35, Lot 4, Block 35 of said TOWN OF MILLICAN and said Lot 3, Block 35 for a distance of.150.00 feet to the POINT OF BEGINNING and containing 0.0344 acres of land.. I, Cody Karisch, Registered Professional Land Surveyor No. 7004, State of Texas, do hereby certify to the best of my knowledge, information;and belief, and in my professional opinon, that this survey is true and correct and agrees with a survey made on the ground under my supervision on March 7, 2024. See survey plat on Page 1 of 2 I +"@���4�'r�y';� for additional information - cODYKARI8CN.; I�sap'N.NNN•IM.•.� �� �:`�,= :* �� Sit: '•.off, t :, AI BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2024-Right of Way NUMBER: Abandonment-Millican Townsite- 20'Alley-Block 35;Lots 6,7&8 DATE OF COURT MEETING: 3/26/2024 ITEM: Consider and take action to close,vacate and abandon a portion of the 20-foot alleyway located in Block 35 between Lots 6,7 and 8 of the town of Millican. Alleyway was never built and there is no public interest served by retaining the original right-of-way. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 03/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: ` $0.00 ATTACHMENTS: File Name Description. Type Abandonment-Millican_Block_35-Raines.pdf Abandonment-Millican Block 35-Raines Backup Material Abandonment Raines-CAD.pdf Abandonment-Raines-CAD Backup Material fi1:`I'T® •` : D Duane Peters 0 ate County Judge ORDER VACATING ROAD ("Order') STATE OF TEXAS § COUNTY OF BRAZOS WHEREAS, the Brazos County Commissioners Court desires to close, abandon, and vacate a public road upon the following tract All that certain, lot,tractor parcel of land lying and being situated in the ELLIOT M. MILLIGAN SURVEY,Abstract No.40, Brazos County,Texas,and being a portion of the undeveloped 20- foot wide alley as depicted in Block 35 of the TOWN OF MILLICAN, according to the plat recorded in Volume "P", Page 484, of the Deed Records of Brazos County Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, Texas Transportation Code §251 001 defines "abandon" as to "relinquish the public's right of way in and use of the road"and defines"vacate"as to"terminate the existence of the road by direct action of the commissioners court of a county". TEXAS TRANSPORTATION CODE §251.001 (1)and (3);and :'. WHEREAS, Texas Transportation Code §251 051(a)(1) states"the commissioners court of a county shall order that public roads be laid out,,opened,discontinued, closed,abandoned,vacated or altered."TEXAS TRANSPORTATION CODE §251.051 (a)(1);and WHEREAS, Texas Transportation Code §251.051(b)(1) states "a unanimous vote of the commissioners ' court is required" to close, :'abandon, or `'vacate a ''public road." TEXAS TRANSPORTATION CODE§251.051(b)(1);and WHEREAS,no person that owns property that abuts the public road being closed,abandoned and vacated has attempted :to enjoin the entry or enforcement of this: order: TEXAS TRANSPORTATION CODE§251:058(a)(1);and WHEREAS,the public road being closed, abandoned and vacated does not,provide the only ingress or egress to any property adjacent to it.TEXAS TRANSPORTATION CODE§251.058 (a)(2), and WHEREAS,title to the public road being closed, abandoned and vacated to the center line of the road will vest on the date this order is signed by the county judge in the owner of the property that abuts the road being closed, abandoned and vacated,and a copy of this order shall be filed in the deed records of the county and serves as the official instrument of conveyance from the county to the owner of the abutting property.TEXAS TRANSPORTATION CODE §251.058 (b). NOW,THEREFORE,IT IS ORDERED, upon proper notice and announcement as required by law,and upon motion duly made and seconded,and passed by a unanimous vote,as indicated by the signatures of the County Commissioners below, the public road upon the following tract is hereby closed,'abandoned and vacated: All that certain,.lot;tractor parcel of land lying and being,situated in the ELLIOT M :MILLICAN SURVEY;Abstract No.40,Brazos.County,Texas,and being a portion of the undeveloped 20 foot wide alley-as depicted in.Block:35 of the TOWN OF MILLICAN,according to the plat recorded,in Volume "Pp Page'484;;of the Deed Records of Brazos County, Texas (DRBCT) and this tract-be. ing more particularly described by:metes and bounds in Exhibit A, attached - hereto and incorporated herein by reference; "FURTHERMORE, BE IT ORDERED that this Order `serves as the official instrument of .: conveyance of the.property.described in Exhibit A, from the'Grantoi;:Brazos County, Texas; to:the owner of property: abutting the road ;closed, abandoned and ..vacated, said owner being RAY & : •MICHELE RAINES, the dimensions oif::the property A,being.conveyed:are:described in Exhibit: EX:: attached hereto and incorporated for ail purposes herein. • 7 Issued by authority of the Commissioners Court of Brazos County, Texas, this ___ day of:•-, ., •.: .,. ' March,:2024 csv;1,...4,, Q ane Peters County Judge _i ; • Commissioner Steve Commissioner Chuck Kon Precinct:1- . • . : Precinct 2 .. *--Kui-`11 f ....„- ,.. . :::.,_ . . .:. . . . ••••• . ...-.--;. ,, ,topi .. • . ... . . : --- , .' ...... ' • - Commiissi6fier:Nancy Berry Commission anda•J::Watson Precinct a • - inct 4 STATE OF TEXAS .. :: . . .. COUNTY OF BRAZOS This .instrument was acknowledged before me on.I Rt(2- k 2024, by Duane Peters,County.Judge of the County of Brazos,Texas,a Political Subdivision of the State of Texas. . MARS HA NDE tSON �tPblAStfT .p Mr ary . u iq3a1$aeoeaaa1 :: aryP blic, State of xas STATE OF TEXAS . COUNTY OF BRAZOS I1) c “ a:co 2024, Steve This instrument was acknowledged before me on by Aldrich,Commissioner Pct. 1 of the County of Brazos,Texas;a Political Subdivision of the State of Texas . ASARSAAANDER.SON : . ` . Notary Pub State f,Tm®s •a'v®,d 'Mycomm E101- b ►-1St Notary Pub` , e of Texas . . `z-� ::Notary 131 STATE OF TEXAS :: , :COUNTY OF:BRAZOS - n This instrument was acknowledged before•me on', " C a�' ,2024, by Chuck Konderla, Commissioner.Pct.2 of the County of Brazos,Texas, a Political Subdivisi e State Of Texas °' . MARSHAANDERSON e �. d Notary Pnbhe State of lbias . . My Comas. p Febiva y 15,2027 Notary Pu S e of Texas ! � . : N Ib 13189635-8 • STATE:OF TEXAS; COUNTY OF.BRAZOS . ,/ This instrument was acknowledged before me on [ ' � ,2024, by Nancy Berry, Commissioner Pct`3 of-the County of Brazos;Texas, a Political Subdivision of the State of Texas. MARSHAANDERSON 1 a� Notary Public,State Ta : ��t �:MY xP13 s1s=s5,. Notary blic,JS tate of Texas STATE OF TEXAS COUNTY OF.BRAZOS This instrument was acknowledged before me on l la-CZ.LI•-I- '(02024, by Wanda J.Watson, : Commissioner Pct.4 of the County of Brazos,Texas,a:Political Subdivision of the State of; -xas: i : „ r -MAR3IiAA oEl oN — \ N Publico. '-d:i& ---c ),\,,. -'' . ... . . ... !, ,4 MY Comm. Fe! opy-15,2027 — -- _: No ary -ublic, Sta of Texas . McCLURE&BROWNEENG/NEER/NG/SURVEY/NG,INC•1008WoodcreekDrive,Suite-103•Co/%ge Sfat/on, Texas 71845'(979)9934838.. -Alley:Abandonment Lots.6,'-7.:& 8;Block.35 - :: : : : :Texas Flrm•Registration No..10103300 Page 7 of.2 ... Webster S1llr'eet 80':ROW. ' Gratis/Pvml. ::::.:::,•„:•:•::::::::,,,,.....:•••,..,....,... ,: . .:.,:......_.:::„::,......-........•• 1TT1:::-:.:_•:•: •• ••• • „_,.: :,....,:. • __••, :: • •••.-:-,-,, .. „ _..:: ::::::,..,.. ...• •' --- spa ,- , 1 .4O,------:-. - .-'••-•-,---.,-----. • , I � a • • m • $e 8 .. k i tote 6 35 ow or ormar{y R 8 Michele Raines own � I TYP: P I: V.14454-P 138 i:' ... 1 .l I : _: ' •0 0344.Acis: ' : i : •:(1,500 0. .sq.:.:ft.J:: -••••.•'.; . ;1 : . le. AbaAdonmel w 1 . ..„:P.O.B .. L 11- - 9 Caged 2b,000 Sq. Ft. . i . .-"':-1E....'-.--,.,•-.''..-,;'-..:-.-:'--:.;.'.:.:-:::':,:.•-,: Now or:Formerly •Timothy k V . ' : _t .. Nloole 14ueehka -i.Af 14302,.:P..54 '� :: L.3 V1 •� O— = -i V1O i 1.........:;;;1;:ei....:..:..,:,,,::,,, :.„.. ,:,,H-...-. T ... :„..„.,:::::..:,..„:„.,,,,...,...,„:„..,":•: „•....,.......::„•, •••. .. .......„:::„•. . ,:::: .,. ................ : ::::... . .. .::: :,,a ja .:::::: ,,.: a.:.... . .:_ :, .••.•-• ••••••••• • : _ _::- s• • :::.......::, ,•, , .. ,•• • ••••-•,: : :1-:: ::—: ----- -- - -- -:---- i: '-i-'•-• --=:"----- -::-..-•':.•••• .--- '. - ::- : -:: 1 ---- -- - - a•. -.-..:----.;--- :: 1 •:,:::.•.:•: • .,._ _.:::.. .. .:•.:: ..„::,.....,,„•,,............„:.,::,•••••• • • ..."• . •••••. .: ...:... ... •• ....•. •.• .... . • . . ralnol i 1 .OrgUne 0 � � "-,riot line :$ I : �I I • • •3,A.-Sr5 ;I Lots Now or Formerly ( ema Rvnclsco Quintero I V.13611. P.125 _ I I b I I I _ I 1 i:::.....:....... ::piB e.. /'het : • 100':R O W N: Grove/:Pvmt . • •• • .. V•'P:.:P.484• "•. ... ,: . .:. ,.. VNETABLE: .•, UNE -BEARING DISTANCE . . Teto bena nne syC s0omrd s;;G r tNao rt.h.., raae 1 . L1. S 7350'42' E 150 00 LG Q. Zone, PAD83.:p GPS obeervatibne _The. L2-: S.1509'18..W- ."10.00 O 1/2!.iron Rod Found•(CM)• . actual measureddistances shown •hereon- 0 -t t/2' Iron Rod,Set : is consistent with the::plat::retarded M; • • ••CM -.ControAi .:Monument _•Volume P. Page 484 Brazos County Deed: :• . L3 N 73 50;• •' W :150 00 : '� - R0.8,.-:Point of;Beginning Rewrds L4 N 16'09'.18' E 10 00' • :: •Segg of r :and-bounds L5:' S 16'09'18' W ••:10.00' •- description prepared with this ilur in XFflBfl Page 2 of 2 FIELD NOTES 0.0344 ACRES Being all that certain tract or parcel of land lying and being situated in the ELLIOT M.'°MILLICAN SURVEY,Abstract No. 40, Brazos County, Texas and being part of the 20-foot wide.Alley as depicted • in Block 35,TOWN OF MILLICAN according to the Final Plat recorded in Volume"P', Page 484 of the Brazos County Deed Records (B:C.D.R.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the north corner of this herein described tract,said iron rod also marking the west corner of Lot 8, Block 35 of said TOWN OF MILLICAN and being in the east line of the called 25,000 Sq. Ft. Timothy A Huschka and Nicole 1_. Huschka tract recorded in ` Volume 14302, Page 54. of the Official Public Records of Brazos County, Texas O.PR B.C. from • whence a found 1/2-inch iron rod marking the north corner of said Lot 8, Block 35 and the east corner of,the called 25,000 Sq. Ft. Huschka tract bears:N 16° 09' 18" E at a distance;of 115.00 feet for reference; THENCE: S 73° 50'42" E along the common line of this tract, said Lot 8, Block 35 and Lots 7 and 6, Block 35 of said TOWN OF M1LLICAN for a distance of 150.00 feet to a 1/2-inch iron rod set for the east corner of this herein described tract, said iron rod also marking the south corner of said Lot 6, Block 35 and being in the northwest right-of-way line of Wingfall Street(based on a 100-foot width); THENCE. S 16° 09':18" W along the northwest right-of-way line of said Wingfall Street for a distance of 1000 feet to a 1/2-inch iron rod set for the south corner of this herein described tract, from whence a found 1/2-inch iron rod marking the south corner of Lot 5, Block 35 of said TOWN OF'MILLICAN bears S 16°09' 18"W at a distance of 125.00 feet for reference, THENCE: N 73°50' 42"W into and through the.called 20-foot wide Alley for a distance of;150.00 feet to a 1/2-inch iron rod set for the west corner of this tract, said iron rod also being in the east line of the called 25,000 Sq. Ft.:Huschka tract, from whence a found 1/2-inch iron rod marking the north corner of Lot 3, Block 35 of said TOWN OF MILLICAN bears S 16° 09' 18" W at a distance of 10.00 feet for reference; THENCE: N 16° 09' 18" E along the common line of this tract and the called 25,000 Sq. Ft: Huschka tract for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0344 acres of land:. 1, Cody Karisch, Registered Professional Land Surveyor No. 7004, State of Texas, do hereby certify to the best of my knowledge, information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on the ground under my supervision on March 7, 2024. See survey plat on Page 1 of 2 r per for additional information m' ;ziA 1' • .N .N•L .p•,m y'KAR$Cl .... ..t... r7oas%• ,ter, oil 'if el d 3 • $t nay •.•G�r�OF$ Ary BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: CC-2024-Wellbom SUD-Kathy Fleming-BTU DATE OF COURT MEETING: 3/26/2024 ITEM: Consider and take action on the Wellbom SUD utility permit to install an 80 foot road bore for a 1.5-inch service line to be installed for BTU Control building located on Kathy Fleming Road. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 03/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Permit-Wellbom_SUD-Kathy_Fleming- Utility Permit-Wellbom SUD-Kathy Fleming-BTU Backup Material BTU.pdf OVED facet at4- u eters Date County Judge APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024,comes now _ _ Wellborn SUD [company name], hereinafter referred to as"Company"a Texas [slate]Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name&Block Number Crossing (CHECK ONE) Bored Jacked Driven _ Cased Kathy Fleming Road 80' X X Facility to Parallel County Rood Within Right-Of-Way Road Name and Block 1 Number From To Depth I Distance CONSTRUCTION TYPE 1.5" Diameter .10" Wall Thickness 4" Encasement Pipe • Material Specification PVC Pipe Maximum Operation Pressure 200 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60"'day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long us two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities In compliance with installation requirements set forth herein(i.e depth,location,etc}, Company assumes all financial responsibility for damages and/or destruction of lines,cables,etc.based upon its failure to comply with Brazos County requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy,Applicant stipulates that requisites for lnjuttcdve relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit Is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County,for interests of public health, safety or welfirre, or for failure to repair any damages upon demand,or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County nwy take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicantCompany. Failure to obtain this permit and/or sloe)the County Engineer's Office within 24 hours of begiunhtg construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. Wellborn SUD Company Name Campbell Young Signature General Manager Tide 6785 Victoria Ave Address College Station TX 77845 City State Zip 979-690-9792 Telephone Number cyo u nt@wellb orn sud.c om Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utili in the County right of way as shown by accompanying drawings and notice dated Mater,4 OI 40,241 except as noted below: (Month Day/Year) EXCEPTIONS: l iV l ! r ► �__ Br s ounty Engineer r R IG KT-0E-K4Y W N s 00ti 4''' < Z 2 (/) m-o C f?o Z ._ g 3. SA.. rn 0 i 0 xi xi > 2N G.' C < zZ -n-i) z 4y o G` rn 0 m 1 � v 1 vJ act O s A ro t C xi z el p C AM*A o-1H a a XI rn o O ). w� a . , VICINITY MAP PROJECT LOCATION 4141-k 156 Pm 2/S4 to NOT TO SCALE EXHIBIT A I i 1 1 tIl I t ` : ` _ ��' k iiilll��I O I o, I ( 4 0 I. C 9 \i cZ 1 § > 1 0 O l P !), -> T 1 m J „Au'r 1 0o _ s yy �'VI 4 I N-a o7 Z N �_-. F JJ i,4 J .5 1 a V lIfi 5111 1 o A N D -1 O $ y vj �NN;F C l ti •D I m inM0 7 A m W w wj w w _ w 1 W Ir'1 O w w --w b cl C m A 2 0 J< I'\ woad ONM3"1.1 MU K , 1 I DV -I Fe) IT 1 F zx r # , l'+7 n J I m \\\\ '4....Z U J� F - ,::: + i : i '4 t \\1.\ i---- ---• O. „Joy IA Z ci.r2; xV1 \ 1. i r r 1 �_ 4 <'' i rn y + \4\/ \ i 1 MI / 4. 4. : m f c / y :' \ \ / -1 'mf BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauirements I. Adequate drainage shall be maintained in ditches at all times. 2. Pennittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safe&Requirements I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. 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; 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. Desisrr Standards 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, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(I 0)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. UtiIities 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 5' Cable 6 to 8 feet,nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above;however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked.ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1)inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. II. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc.),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement, alteration or relocation of all or any portion of said road,any or all poles,wires, pipes,cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. Hirh Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pioeline !below deepest ditch eradcl Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18"minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way. Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Discs sVAR. p�rE+ kr a Ino so tn. •t. 'o:.oarroa by the•14.0s rnollwrino o.oe.ic.•ct•.y Na arrasy or y i.00l fee .e shots..., 1.001 0 ..a.n.ibi l it the conversion f l•1: of tors.I onowa la other torso"or for eoorr.ct'owl's or CTOp.s resotino rr0n Ifs use. aR1 ar "8 se' � � °Y re go mon o 0 • 3- 7 • =..2 1 3s at over SO Mph' m -o Shoulder Snou leer oZ _ a a 7 m N — ao a 0. 4> oo o 0 QQ snow der Shoulder 171 "Ao M n O's or less Work Spoce 1,30' 3. for over Min 50 eon I •, ow. e 8: d,l" io ' �•.o * a _ y o V. �. r foe 50.Or. _ a> .X/ I es, y/ xo . tl. for o..�l SO.Dn ? VI "I Shod der Shows der 4 m a a N CD' 3 2 _ ■ ■ ■ a a O Cr.., w Stld.r • p '� •� 9 • Sno.. .r • • 0 0 s0 OC for So.ch M'n, n r � or I.s K , 3 L e� York Spools SO I 100 100• In 0 k-'N ♦ 3.roe o• Min. Dora..♦ Z'o e o , so.cn > z as-- = a _ O �9> KCJ o a.o . " 11 - P°20ia -:a- a:Z. p r.l illi R -sae ios;4 ./�50 iron �'-o X el g N i .2O Qh-ace r es for ov 1 - 0 f•7 __ ____ r n r— y SO acne . o m Smolder Y9°. i Snpul oer G ' 3J a a - I- •3 - r T1 m o c> ,e 0 N shwlar • q--�y� • • • • • • — 0 • . /CO Milli t Snoul der *C011 II 0 y to Y CI X x LI � "„ ... . P0 O SO c C 8x • : for sonvl r a - >aA � or leas +/7 LO WDrk Spots so 100 TOO' v" a 51 n,3. hoe oeer Approx.♦ m GI i - i/- wo . .c ao RPO E0 17i4:nl_of_soy L-ne .R.7. D" -;a R r 0 o ' ea a uI ...` :, 1 ii fgY ..a ,gi doV1 ` ± xa O 00000alloS i$ ssz _ ili`4i. i- =+ . �aa,n " y _c ; ; ;ggagg. E = woW_onoNiuWi`.,i, _»YR ni .dR gQ8.. 1 E? ' ro' i' n i i rn $ ")z s4 "3a�d9 Y £$ ° � 000000nio r —1 n S , 1 (, z C „ s? sa s.• ks' ggrYo rh _0 m a w' 1:o .noo"egp _ C co 1g $ 12od YaQ ' e^ 2ii�® : `' ' . 4 -- r I. --3- QYFM.:4o8' 1.1.2 _ Ea. „ n+oZ a $ a g g .g _ sm. m g' fRo . ;/ j ooaaa ooala s _ • sa nnsz�a a F 3 _2 - ' "4xo' � N .* r O olog . a' a g :::::: : ,• 3 ; :Iiif" i$ead a' R g m �- .i ' 1: YF' 3 -..a �Cg Ym .Ng : /111 • lna.o sa, R Z III6 fit Ai •'4(,, $'gip '," . tpi - ,..fit.-.. I - a VWt. r.PO., o i _Gt7y 9i4A!1 OF . BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: CC-2024-Frontier-Chick Lane DATE OF COURT MEETING: 3/26/2024 ITEM: Consider and take action on the Frontier Communication utility permit to lay fiber optic cable for high speed intemet service along Chick Lane. Site is located in Precinct 4. TO: Commissioners Court FROM: Joe Salvato DATE: 03/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Ina Permit-Frontier-Squan-Chick Lane.pdf Utility Permit-Frontier-Chick Lane Backup Material APPR D .,..jvacia, ii/aai- Duan Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Frontier Communications [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Frontier proposes to place buried fiber along the East ROW of Chick LN, placing a HH at the intersection with FM 1688, buried south 734', placing a HH continuing south APROX 395' and exiting Brazo County ROW into PUE,exiting PUE,continuing in Brazo County East ROW placing a bore pit, buried 104', placing a HH, buried 1,341', and placing a HH at the intersection with Autumn Lake Dr,for high speed Internet distribution within Brazo County. 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. 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. Squan on Behalf of Frontier Communications_. Company Name Destiny Willis By: Signature Permitting PM Assistant Title 465 Princeton Dr Conway Ar 72032 Address Pas, a)i . Phone Number 501-548-3321 Email:dwillis@squan.com 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 PIAteC 4 .(201 007Y except as noted below: (Month/Day/Year) EXCEPTIONS: NONE Aran ounty Engineer CO 0 -Ti 7. ,,,.. .. xi ..„/ _ -< 03 0 r10 K mig • . d- -I-_ + + } � + + . —0 m K N 0 • f' F - -I- + t y f O VJ m m • ^ i_ _,_ +4 , , , 4 +......,_ , , , � + � rt4i� H › r.t. .• ,.. ,,,...t_,T, , -T, 03, 0 c ,.. 1 • D O CD O Z 4 ,-,-, (I) 111, L 61 8 F„ 10# 17317 a:<g C D Xi g Irri oo co x7' Z co i. m / '-. f o r , r { \r : \ l fr., /r f i i � 1 - ---- - ,_ ----, ,.. \ `4. ..:-., .., 4..-=, ' 4 : '+C.. 7 :il. .1,.i N'..-: '7'1. • / i:: • .�. *C ,X� • 11 d!'r{' ,:, �iI • yyp1 V' gyy f T ,. *� ti .w . / ' ` qJ ,It ¢ y '4 E • \*r d 4. I R' � . 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I mo�.� F0C O c s z E mI yy$ Z7 y O o nt$I 99�7W ZO Z-_1 Z x m i & o _ t { - +. 1 �RI g[ s �� N� O a a I -O, x! . m ' i 1 I Ii �I nl 2) x,m i T, _ // t / i + fl € n etr k'')4:7/4,-".:'„e.,.\rc.4t; ,.\.i\.'.' \;, ' u 1" 1 ii ' `'.. ':-, -•1/ ,. \\.,, - I CA) //`" \ D II � ` ,, m� �/ O - : . �, \\. Y/I1 f 1 Milii Vv 18 cI NR! M —I t, lgiii! 0. m y n m I Z Y n �o � m m z0 1 CJ n 73 o m4 .momommw !II pal ; 4 RL9031 v. ^ n b 1f7 En Z0 9 Iar i 0 g Z Z n a 7 i• m 1 — > _ N Z v • 2 m `I> / 0 , • . mO I I ` + SCUM { asAT O — DflCEOT KC m M 1 ?pr BPACIxOZ yp t:a . < a P P P P P • u *# y n y+ y �ti 'J ITS01641illifel5 VI 1 0,1 ; 51 , , sE f� 4 �z 0 a Y F gI 1 g 4;g 0 high q 141MMAs'a§ z °> g t o p nm 3 0 ^ F 11 2• 1 a 1 5i ' ➢ 3 Ie� umwtti! i Li g '+ 1 gAl 0 111;1 aig i C) N IT!! ay.r --I ' 11 of 0 13 mil • m —ID pc• T m Z o N Z olgel z to, X 0 14 irk 0 a o r BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements I. Proper traffic control measures must be put in place prior to beginning work and remain ill place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e. pit,excavation, hole)left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10)feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards- !. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public.Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 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—0-2 feet,nominally 1' Phone—2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing tithe annular space between pipe and casing and soil exceeds one(I) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above. c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backlit]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. 1 1.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. in the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used.