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HomeMy WebLinkAbout1998-10-13-0900AM-Regulari __7 - . lk E BRAZOS COUNTY BRYAN. TEXAS AGENDA )3 l ~f ~ ' ~ ~.r. NIA ~ x:50 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 13, 1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Sims. r~ u • 4 2. Pledge of Allegiance - Commissioner Sims. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 22: 4. Personnel Change of Status. 5. Payment of Claims. 6. Approval of Decision One incentive proposal. 7. Approval of recommended list of presiding and alternate election judges. 8. Resolution regarding Brazos County Public Document Cost Recovery Policy and Schedule of Charges. 9. Rescinding previous Commissioners Court action authorizing AFLAC Insurance Company and Transport Life to solicit business in County facilities. 10. Request by Bryan Independent School District Special Opportunity Campus for hauling of materials by the Road & Bridge Department. 11. Request by Constable, Precinct 4 for the approval of a non-paid, reserve deputy. 12. Request to reclassify budget items in the Agricultural Extension Office budget. 13. Approval of Recurring Payment Request for the following: a. B/CS Economic Development Corporation b. Brazos County Emergency Communications District. c. Brazos County Appraisal District VIDL 15 i ' Commissioners Court Meeting Agenda October 13, 1998 Page Two 14. Reimbursement Agreement with Sprint for fiber optic cable protection required for road construction work at FM 2154 and Gandy Road railroad crossing located in Precinct 1. 15. Blanket Purchase Orders. 16. Requisition from Capital Projects Fund for purchase of a C.P.U. for Computer and Network Services. 17. Approval of Exemption from Competitive Bidding for Rental Service Corporation. 18. Approval of participation in County Cost-Share Computer Program with Texas Agricultural Extension Service and requisition for purchase of microcomputer and softw&e. 19. Approval to advertise for RFP's for Courthouse renovation. 20. Approval to advertise for RFP's for construction of Justice of the PeaceJConstable offices. 21. Approval to advertise for RFQ's for architectural services for the proposed Expo Center. 22. The Revised Master Preliminary Plat of High Country Subdivision, Phase Two and Phase Three, 97.89 acre tract, G.H. Coleman Survey. Site is located in Precinct 2. t 23. Presentation regarding the Regional Water Board and funding requirements. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Adjourn. The Courthouse is wheelchair accessible. Handicap parking space are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (409) 361-4102. V0 AQ& 1 • of allegiance. A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 13, 1998, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. Commissioner Sims gave the invocation and led the pledge • COMMISSIONERS' COURT REGULAR MEETING OCTOBER 13, 1998 There was no citizen input and/or concerns. The Court proceeded to consider the change of status of the following employees. • NAME DEPARTMENT REASON Lalk, Margaret Gore, Glynis Muldrow, Vanessa Howell, Douglas Locke, James Sillane, Edward Spears, Kerry M Reynolds, Cameron Clark, Bradford Sprung, Stacey Todd, Brandee Wilbanks, Katheryn Dorsey, Trent Alva, Patrick McDonald, Brittany Cox, Johnny Carvin, Robert L Uhrig, Jeffrey Williamson, Paul Menefee, Daniel District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney District Attorney JP 4 Juvenile Serv. Juvenile Serv. Juvenile Serv. Juvenile Serv. SO Jail SO Jail SO/Jail SO/Jail Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Resignation Termination Never Started Resignation Resignation Resignation Resignation Tran from Admin Tran to Admin on motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. E ' Commissioners Court meeting October 13, 1998 2 The court next considered the following Claims as submitted by the County Treasurer for payment: 99-000221 through 99-000460 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The court next considered the DecisionOne incentive proposal. Louis Newman, President, of the Economic Development Corporation presented the following overview of the incentive proposal: 1. 60,000 sq. ft. building owned by the EDC Capital Investment of $7.6 million EDC fund $4 million Decisionone fund $3.6 million Decisionone will occupy and pay $1.00 rent annually 2. 10 acre tract donated by University Drive Business Park 3. Infrastructure donated by City of Bryan 4. Debt Service on EDC Loan Brazos County will pay 2/3 of debt City of Bryan will pay 1/3 of debt County will annually fund sufficient funds to meet the EDC's mortgage debt payments 5. City of Bryan Tax Increment Financing District(TIF) City and County will fund debt 1st year then TIF should produce revenue in the 2nd year to pay the debt. City and County will fund 90% of the debt in the 2nd year and then declining 10% annually. 6. Tax Abatement Year % Tax Abatement 1 90% 2 80% 3 70% 4 60% 5 50% 6 40% 7 30% 8 20% 9 10% 10 10% The following citizens offered commentary for or against the incentives: Demetrios Basdekas - recommended moving cautiously and suggested having a workshop to discuss this. James Stasney - informed the Court that DecisionOne had lost $183 million dollars last fiscal year; equity is down to $161 million and stock is down with very little being traded. Commissioners Court meeting October 13, 1998 3 • • Carolyn Moncivias - taxes should be abated for 2 to 3 years. This is taking away from what is needed now. The world wide economic forecast is not good currently. Bob Baver - said this will encumber the tax payers of Bryan $1,100 per day or $33,000+ per month. There being no more commentary, the County Judge moved for adoption of the incentives as identified in Revision #7 of the Community Incentive Proposal for Decisionone, Inc.. Commissioners Cauley and Thornton seconded the motion and it carried unanimously. Commissioner Sims asked if the creation of a TIF was part of the DecisionOne, Inc. proposal that they just voted on. It was not. Commissioner Sims then moved to make the creation of a TIF a requirement for approval of the DecisionOne incentive package. Commissioner Jones seconded the motion and it carried unanimously. The County Judge thanked the DecisionOne, Inc. representatives that were in Court. Justice of the Peace, Precinct 1, Tommy Lyons thank Mr. Louis Newman for the great job he did with the presentation. A copy of Revision #7 of the Community Incentive Proposal for Decisionone, Inc. is attached hereto. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct Election Judge Alternate Judge 1 Lavon Hayes 3A&B Chris Foster 4AB/79AB Harry Outlaw 11 Arthur Davila 14 Barbara Hollis 20 Jake Witherspoon 25/43 O.E. Clark 27/75/76 Dora Sanchez 28B Michale Holt 33 Lucy Peterson 38/44/46/ 51 Cecil Brown 42/60/77 Lanell Leonard The next matter for consideration was the adoption of a Resolution concerning the Brazos County Public Document Cost Recovery Policy and Schedule of Charges. On motion by Commissioner Jones, seconded by Commissioner Thornton, the VIUL%-~~Mft, 57 Commissioners Court meeting October 13, 1998 4 ,f Court voted unanimously to adopt the fees to be charged for copy services for copies of public information, except for those offices which are specifically excepted by Chapter C, §552 of the Government Code (V.T.C.A.). A copy of the Brazos County Public Document Cost Recovery Policy and Schedule of Charges is attached hereto. Mike Parks, Metropolitan Planning officer asked if copies of maps would be included. The County Judge said they would look into it. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to rescind previous Commissioners Court action authorizing AFLAC Insurance Company and Transport Life to solicit business in County Facilities. The next matter for consideration by the Court was a request by Bryan Independent School District Special Opportunity Campus for hauling of materials by the Road & Bridge Department: This is an annual request for their Community Gardening facility. Once again they are requesting the use of a dump truck to haul compost from the City of Bryan compost facility located on Pleasant Hill Road to the site of the special opportunity school. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the use of a County dump truck to haul compost for the Special Opportunity School. The Court next considered a request from Constable Precinct 4, Duane Peters, to appoint Michael Gomez as unpaid Reserve Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the request from Constable Peters to appoint Michael Gomez as unpaid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was a request to reclassify certain line items in the Agricultural Extension Office budget. In a memo to the Court, the Assistant Auditor explained that an expenditure listed as computer hardware Commissioners Court meeting October 13, 1998 5 El 11 t should have been listed as minor furniture. This is Texas A&M property.not Brazos County's. Also, the Extension Agent, Jack Hunter, had requested a budget reallocation of $100.00 to take advantage of the low TAEX Share Program prices. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to reclassify the Agricultural Extension office budget and make the reallocation of funds. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: a) B/CS Economic Development Corporation $42,500 b) Brazos County Emergency Communications District $141,060 c) Brazos County Appraisal District $196,067 on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Auditor's office to process all the previously noted recurring payments. The Court next considered a Reimbursement Agreement with Sprint for fiber optic cable protection for road construction work at FM 2154 and Gandy Road railroad crossing located in Precinct 1. The Road & Bridge Department is planning to extend Gandy Road across the Union Pacific Railroad crossing at FM 2154 in Brazos County. To accommodate this construction, Sprint will need to protect their fiber optic cable. This protection work will consist of excavating and exposing the Sprint fiber optic cable as needed to place 160ft of 4 inch Schedule 40 PVC. excavating to sufficient depth to lower the fiber cable 3 feet or to an elevation of 87.5 feet placing 11 inch innerduct on all exposed cable, backfilling all excavations and returning construction area to original condition. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve a Reimbursement Agreement with Sprint. A copy of the Agreement is attached. I 6717 Commissioners Court meeting October 13, 1998 6 The Court proceeded to consider the following blanket Purchase Orders: KC Copy Boy Ag Extension $1,000 Prince Irrigation Brazos Center $1,000 Ike's Sm Engine Brazos Center $ 500 Lowe's Home Cntr Brazos Center $1,000 Lowe's Home Cntr Brazos Center $ 500 Brazos Office Supp Co Attorney $1,200 Bruchez, Goss etal Comm Court $5,000 Bobbitt Med Review Risk Management $ 500 Eagle Comm Court $1,000 Sav-On Office Sup Comm Court $ 500 Scott & White Cl Risk Management $1,000 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of a requisition from Capital Projects Fund for the following purchase: a) C.P.U. for Computer and Network Services Department $7,682.68 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisition to be paid from Capital Projects Fund. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(7). This is for the rental and maintenance of portable toilets. The Commissioners' Court determined that this was a single source supplier. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements and authorized the payment for said cost for the fiscal year 1998-1999. The Court next considered participation in the County Cost-Share Computer Program with the Texas Agricultural Extension Service and a requisition for the purchase of a microcomputer and software. Cost sharing assistance is only available for those counties using local funds from the county treasury or local support organizations. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to participate in the program. I z • ~J • Commissioners Court meeting October 13, 1998 7 The next matter for consideration-was approval for the Purchasing Agent to advertise RFP 99-018 Courthouse Renovation. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for proposals for the renovation. The next matter for consideration was approval for the Purchasing Agent to advertise RFP 99-018 construction of Justice of the Peace and Constable offices. On motion by Commissioner Jones, seconded by Commissioner Thornton, the a Court voted unanimously to authorize the Purchasing Agent to advertise for proposals for the construction. The next matter for consideration was approval for the k Purchasing Agent to advertise RFQ 99-019 for architectural services for the proposed Expo Center. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for quotes for architectural services. The Court next considered approval of the Revised Master Plat of High Country Subdivision Phase Two and Phase Three in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On _ motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to approved the Revised Master Plat of High Country Subdivision Phase Two and Phase Three. The Court next heard a presentation by Commissioner Jones concerning the Regional Water Board and funding requirements. The County Judge made the following comments: 1) Bill Jeanes, Risk Manager received a letter from Scott and White Clinic offering to provide influenza shots. VOL Commissioners Court meeting October 13, 1998 8 2) The EMS contract amount has been increased to $3,255.00. He has received many calls from people who were unhappy that the County did not administer the funds. John Reynolds pointed out that it was originally offered it was for $1,800.00 and that the cost of administration would have been more than the grant amount. 3) He received some information from NaCo. (National Association of Counties) and stated that the Court may need to reconsider its decision to not participate. Commissioner Jones made the following comment: 1. He gave a brief overview of his recommendation to split Voting Precinct 28 into A & B. He said that regretfully, he failed to contact the Democrat and Republican Precinct Chairmen and the Tax Assessor/Collector about this. There being no further business to come before the Court, the meeting was adjourned. vu ! Ali.,, 1 9 • • 0 Alvi W. Jon County Judge Wm. S. Thornton Commissioner, Precinct No. 2 C rey Ca ey, Jr. Commissi ner, 7/ Precinc No. 4 c T6R Jon Commissio r, Precinct No. 1 ZZ4:: 1 Randy ims Comm'ssioner, Precinct No. 3 per- Mary An and County Clerk The foregoing minutes of the Commissioners Court meeting held October 13, 1998 have been examined and are approved in open Court this the ;Z4!0_ day of in Bryan, Brazos County, Texas. a Lwz,~v peL= 4.1~ - 20,j G r~1 a c.~ ~ 4 0t Con. 0-~ N Mai l-~ l im S IL-1-1 J e 1 )am I V vf~c~oN - Tk -1 ID-e~ J 12t )3 r c~ ~ Q,~z-us U VLcr,tl*llA,l Gu 1qry t r / / ~/d -IZ FV l(r7,vi rrz4 if s/. T BRAZOS COUNTY COMUSSIONERS/ FETING ON /9981 AT 17 A.M. /Ex. ^0rAVT7ATTl%U / PAVDAAIV / PT rT77N BRAZOS COUNTY COMMISSIONERS/ MEETING ON~F' AT _50 A.M. /jIm!!. • • 0 BRAZOS COUNTY BRYAN. TEXAS BRAZOS COUNTY RESOLUTION Brazos County Public Document Cost Recovery Policy and Schedule of Charges WHEREAS, Chapter 552, of the Government Code (V.T.C.A.) provides for the release of public information upon request; and WHEREAS, 6552.261 (Subchapter F - Cost of Copies) provides that the cost to the public to obtain a copy of documents and data maintained by the county shall be reasonable; and WHEREAS, 6552.262 -provides the County with the ability to adopt the charges established by the General Services Commission of the State Texas for such services; and WHEREAS, the Commissioners' Court is of the opinion that the fee schedule as adopted by the General Services Commission is reasonable for the copy services in Brazos County; NOW, THEREFORE, we, the undersigned members of Commissioners' Court for Brazos County, Texas hereby order; 1. that the following fees be charged for the copy services for copies of public information, except for those offices which are specifically excepted by Chapter C, 6552 of the Government Code (V.T.C.A.): SERVICE PROVIDED CHARGE Standard Size Paper Copies (81 x 11 and 8j x 14) $ .10 per page Non-Standard Size Copies: 1. Diskette $ 1.00 each 2. Magnetic Tape $10.00 each 3. VHS video Cassette $ 2.50 each 4. Audio Cassette $ 1.00 each 5. Paper Copy $ .50 each 6. Other Actual Cost Personnel Charge - $15.00 per hour Overhead Charge 20% of Personnel Charge Microfiche or Microfilm Charge: 1. Paper Copy $ .10 per page 2. Fiche or Film Copy Actual Cost Remote Document Retrieval Charge Actual Cost Computer Resource Charge: 1. Mainframe $17.50 per minute 2. Midsize $ 3.00 per minute 3. Client/Server $ 1.00 per minute 4. PC or LAN $ .50 per minute 5. Programming Time Charge $26.00 per hour 6. Miscellaneous Supply Charge Actual Cost ; (not to include paper) t • • • Postage and Shipping Charges Actual Cost Fax Charges: 1. Local $ .10 per page 2. Long Distance (Same Area Code) $ .50 per page 3. Long Distance (Different Area Code) $ 1.00 per page All Other Costs Actual Cost (Note: Where it is suggested that the charge for the service be the actual cost, the Department should consult the County Auditor to insure that the correct procedure for establishing "actual cost" is being followed.) 2. That such fees become effective 'Oc>o<s~.e / /199 Adopted this the 1.3 of ~C~RE,P 1998. 3. These fees will remain in effect until changed by the Commissioners' Court. nn IN TESTIMONY WHEREOF, witness our hands this day of Ve-7-, BE, , 1998 Alvin W. Jones QL, Brazos County Judge Tony Jones Commissioner Precinct 1 Wm. S. Thornton VI ~AZ. Commissioner Precinct 2 Randy Sims Commissioner Precinct 3 _,,,e e~QzAhyj Carey Cauley, Jr, issioner Precinct 4 Jti tF/ Sprint C ';o~ IQs ' Kansas Cn}, >tn 6~IIli•!148 October 16 1998 Richard F. Vance, P.E. Brazos County Road and Bridge Department 2617 Highway 21 West Bryan, Texas 77803 RE: Railroad Crossing at FM2154 and Gandy Road, Brazos County, TX Reimbursement Agreement ARN13894, PN117446 Dear Mr. Vance: I have enclosed a fully executed, original copy of the above-referenced agreement for your files. Please continue to work with Glen Wallace at (409) 775-2175 for engineering matters, and I may be reached at the number listed below for any contractual matters. Again, Sprint appreciates your cooperation and concern for its facilities. We look forward to the safe and timely completion of this project. Sincerely, LPL JO L. STODf,, 7 Sr. Contract Neg tta o , Sprint Communications Company L.P. 1200 Main St., le Fl. - Kansas City, MO 64105 Mail Stop: MOKCMT1004 Phone: (816) 854-3917 ' Fax: (816) 854-4425 Encl. • k REIMBURSEMENT AGREEMENT • THIS REIMBU EMENT AGREEMENT ("Agreement") is made and entered into and effective this L6 day of 1998, by and between Sprint Communications Company L.P. (hereinafter referred to as "Sprint"), whose mailing address is 1200 Main Street, Mail Stop MOKCMT1004, Kansas City, Missouri 64105, and Brazos County Road and Bridge Department (hereinafter referred to as "Department") whose mailing address is 2617 Highway 21 West, Bryan, Texas 77803. WITNESSETH: WHEREAS, Department desires to install a new railroad crossing at FM 2154 and Gandy Road in Brazos County, Texas ("Project"), and Sprint owns fiber optic cable within the aforementioned right of way; and, WHEREAS, as a result of the construction for the Project, it is necessary for Sprint to protect its fiber optic cable, in accordance with, and as more particularly described, in the attached Exhibits A (Engineering Drawing) and B (Scope of Work), and incorporated herein; and, WHEREAS, Sprint, under the terms hereinafter stated, is willing to protect its fiber optic cable within the Union Pacific Railroad Company right of way, and to accommodate Department's work provided Department reimburses Sprint for all of its actual costs, both direct and indirect, in making such modifications. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained. Sprint hereby agrees to perform the necessary protection work in accordance with the attached Exhibits A and B subject to the following terms and provisions: 1. Department agrees that Exhibits A and B represent the Scope of Work requested of Sprint. 2 Department shall, at its own expense, inspect any construction by Sprint hereunder, to assure itself that Sprint work is being performed in compliance with the needs of Department. • 3. Department agrees to bear all direct and indirect costs incurred by Sprint and relating to the above referenced protection work, including, but not limited to, labor, materials, construction, damages, administrative overhead, engineering review work, taxes and legal fees. 4. The total cost of the fiber optic cable work is estimated to be Eight Thousand Five Hundred and Three Dollars ($8,503) (Exhibit Q. Final actual costs may be more or less than such estimate, which shall not be construed as a limitation of costs for such project. Sprint shall promptly provide notice to Department if it becomes obvious to Sprint that the final actual costs will exceed the foregoing by more than fifteen percent (15%). 5. Within a reasonable period of time after Sprint pays all of the invoices associated with the Project and the as-built drawings are complete, Sprint shall furnish an accounting of final actual costs and provide Department an invoice of the same. Department shall pay the full amount of such invoice within thirty (30) days after receipt. 6. Department and Sprint mutually agree that all operations and work performed by Department above or adjacent to the fiber optic cable location shall be performed in a workmanlike and safe manner and in conformance with all applicable industry standards and government regulations, and in accordance with any restrictions and conditions that may be imposed by Sprint from time to time. No work shall be performed within the existing right of way by Department until the fiber optic cable modification has been completed. ARN 13894; PN 117446; SRN 111332 1 h 6 9 r t h ` 7. Exclusive of Saturday. Sunday and legal holidays, notice shall be given to Sprint by Department. at least 48 hours in advance of commencement of any work on or adjacent to the fiber optic cable. Said notice shall be given to Sprint at telephone number 1.800-521-0579. 8. In the event Department breaches any of the terms, covenants or provisions of this Agreement. and Sprint commences litigation to enforce any provisions of this Agreement or of the aforesaid easements, the cost of attorney's fees and the attendant expenses will be payable to Sprint by Department upon demand. 9. Insofar as it legally may, Department agrees to indemnify and hold harmless Sprint, its officers, directors, agents and employees from all loss, claims, liability and costs incurred by Sprint, including, without limitation, losses resulting from claims for damages to property or injuries to or death of persons, judgments, court costs and attorney's fees, which arise out of or are claimed to have arisen out of the acts or omissions of Department, its contractors, agents, or employees with respect to the Project, including the construction. maintenance, presence on the right of way, or other operations or activities of Department. 10. It is expressly understood by the parties hereto that Sprint is not abandoning any right, title or interest it may have in the above described land. 11. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding pertaining to the fiber optic cable modification work by and between Sprint and Department. 12. The terms of this Agreement shall be binding and inure to the benefits of the parties hereto and their successors and assigns. 13. Notwithstanding anything to the contrary contained herein, Sprint will not be required to perform any cable modification work contemplated by this Agreement during the period of November 15th of any year through January 2nd of the following year. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT BY: L 1! l1L_ (Y,- County Judfe Tom: Alvin W. Jones DATE: October 13, 1998 WITNESS: ,J - SPRINT COMMU (CATIONS COMPANY L.P. BY: James B. Farris TITLE: Director, Real Estate Acquisition & Administration DATE: --V" -K Wl'I'NESS: VrQ ~ i ARN13894; PN117446; SRN1132 2 VO ~S ~ - THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL ' rH ~ r i••4. 4` • ` Y'r..e f1M~r.►IY.wr~•+`••N4•}F.~1~• /e..v . 11115 ihfiiN~'IIV~I" .\~~MY1' , ,yY.MiWww.r.wr.....'.•ATa,~M~'~'f'V C.." ..n EXHIBIT "A" Page 1 of 2 i I r i i 7 •a w M~ n ! -7 M OI ~y Y r ~ C.C. .[utrJ0- 2G M I I 1 I ~1JJ t ~ ~i 1e fSn}Y~1 t I, j L • , I I i F rN J JIT T 1 A u i nwr .u0w•n1 woo pit( Post .0 S. "I", aaw a1•.a/.cvu M. >tlwl<a ....0 . a ..a.. S ~~30 Wa~Cr~ W • S 3 ~ d P. a. , { } ~ 1 c tl Z 1 • - ?y ~ n a IM « r VI\- a w , I r N466CO1a YO r «naia•a ~ to ~ ~ i - m ----.=~n nJ 11 a prits ns u a rn 00 . aai nr+~ « W w f u1 1w au NQ,■ ' pulapol0m4'AAd ort F IBER OPTIC ROUE RECORD 0~w ; E OpG'OpaAVO~p 11.11.11 u OLD w.lw wca CAME room oEUu - y1y 11 w I ►+or FOR DISCL MORE . ~ , , , s wlw, I ON ce ME ,otwor mTwAK205 eea-ors i THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL i 7~ , " EXHIBIT "A" Page 2 of 2 a g v i ,i t i ,I i r 1 * 7; - - - _ 7='fl. ;t'- _ rr. - L.7' - T:L , . ir Lo - - - :1'x:1: I - - - d - FA :.F-. - - - - T-- - a i; 7 I • y • 41 ~ISO 92 'Zi LOW L99.% :I. d.:t:_ N Wis. 'p' • N 30 30 o ! 00 0 uo IQ doe-_ -!o.-...°° M! • P.Cit/Y j~;~lLe • 1 ' I 0 ~ F' [y1 Y EXHIBIT "B" SCOPE OF WORK The Brazos County Road and Bridge Department is planning to extend Gandy Road across the Union Pacific Railroad crossing at FM2154 in Brazos County, TX. To accommodate this construction, Sprint will need protect their fiber optic cable. This protection work will consist of excavating and exposing the Sprint fiber optic cable as needed to place 160 ft. of 4 in. Schedule 40 PVC, excavating to sufficient depth to lower the fiber cable 3 ft. or to and elevation of 87.5 ft., placing 1 1/s in. innerduct on all exposed cable, backfilling all excavations and returning construction area to original condition. • • VO~ <5- • r• 1 EXHIBIT •"C" Page 1 of 1 - ESTIMATE FOR WOO 92768517 GANDY-ROAD- - LINE ITEM UNITS U/M UNIT PRICE TOTAL BACKHOE 30 HRS $ 35.00 $1,050.00 IJ OPERATOR 30 HRS S 23.00 $ 690.00 LABORER 60 HRS E 19.85 $1,191.00 TRUCK 30 HRS S 15.00 $ 450.00 FOREMAN 30 HRS $ 28.50 $ 855.00 i GUARD 28 HRS - $ 35.00 $ 980.00 I I 1 MATERIAL 4' PVC 160 FT $ 4:50 $ 720.00 V INNERDUCT 320 FT E 0.99 $ 316.80 SUB-TOTAL $ 6,252.80 FLAGMAN 30 HRS $ 75.00 $ 2,250.00 TOTAL $ 8,502.80 J V 0 7- x1 a J ' 1 1 ,t 'J ( P '