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Home My WebLink About2002-09-03-0900AM-Regular9-- FILED BRAZOS COUNTY BRYAN. TEXAS 1003-9 A 0 3S KAAM-Musa BRAZE Co NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT i THE COMMISSIONERS COURT WILL CONDUCT A REGULAR MEETING ON TUESDAY, SEPTEMBER 3, 2002 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner C. B. Jones. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 25: 3. Budget Amendment 01/02-39. 4. Payment of Claims. 5. Personnel Changes of Status. 6. Extension of Interlocal Agreement with the City of College Station for Emergency Medical Ambulance Service. 7. Adjusting the hourly pay for election workers from $6.00 to $8.00 per hour at the request of the County Clerk. 8. Lease Agreement with S.N.S. Investments, LLC for office space for the Justice of the Peace, Precinct 2, Place 2. 9. Clinical Psychology Services Agreement with the Psychology Clinic in the Department of Psychology at Texas A&M University. - 0 Commissioners Court Agenda September 3, 2002 Page Two 10. Application by county employee for Qualified Military Service Credit. 11. Grant application by the County Attorney to the Texas Department of Transportation for the "Comprehensive Underage Drinking Enforcement Program." 12. Documents regarding Bentwood Estates, Phase I and the exchange of property for the creation of an easement: a. Exchange Deed with MLS Development Corporation, Inc. b. Letter Agreement with MLS Development Corporation, Inc. C. Easement Agreement between MLS Development Corporation, Inc. and The Frank McGregor Family Trust d. Access Easement Letter Agreement between MLS Development Corporation, Inc. and The Frank McGregor Family Trust. 13. New Public Road Crossing Developer's Agreement with Duck Haven, Ltd. and Union Pacific Railroad Company regarding the proposed construction of the new Drake Drive at-grade public road crossing. 14. Request from Patterson Petroleum LP to construct a road bore for gas gathering pipeline in the right-of-way of Opersteny Road. Site is located in Precinct 2. 15. The Final Plat of Lot 1, Block 1, Benchley Tower Addition, _ Site is located in Precinct 2. 16. The Final Plat of Bentwood Estates, Phase One, 2 Blocks, 33 Lots, 77.527 acres, B.B.B. & C.R.R. Survey and B. McGregor Survey, College Station ETJ. Site is located in Precinct 1. 17. The Final Plat of Paloma Creek Estates, 10.019 acres, Stephen Jones Survey, College Station ETJ. Site is located in Precinct 1. 19. Recommendation by a consultant for a communications system for the offices of the Justices of the Peace, Precinct 1 and Precinct 3. 19. Reduction of the bandwidth for the County's internet access. 20. Requisition from the Judicial Software budget for additional system memory for the TSG Justice Server. 0 - Commissioners Court Agenda September 3, 2002 Page Three 21. Award of Annual Grease Trap Pumping Contract. 22. Award of Annual Contract for Carpet Cleaning. 23. Renewal of Bid #2002-060R, Janitorial Supplies. 24. Requisition to Awalt Rental for a Reversible Plate Compactor for the Road & Bridge Department utilizing "Other Equipment" Capital Improvement Funds. 25. Contracting with Brazos Valley Council of Governments to provide administrative services for the Texas Workforce Center Operations. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concerns. 28. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to deliberate the purchase of real property. 29. Consider and take action on Executive Session. 30. Adjourn. • The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 3 °y kr-A 3 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 3, 2002 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, September 3, 2002, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1, Absent; Wm.S. Thornton, Commissioner of Precinct 2; C. B. Jones, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner C. B. Jones gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered Budget Amendment #01/02-39.1 through 39.4, which would transfer funds to Non-Departmental from Contingency, and reallocate funds for the District Clerk, the 85th District Court and Emergency Management. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of Vol 3 5 Page 4 • Commissioners' Court meeting September 3, 2002 2 employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The County Judge inadvertently skipped agenda item number 4 and did item 5 then came back to do item 4. The Court next considered the following Claims as submitted by the County • Treasurer for payment: 20034182 through 20034390 On'motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The Court next considered extension of Interlocal Agreement with the City of College Station for Emergency Medical Ambulance Service. On motion by Commissioner Thornton, seconded by the County Judge, the Court voted unanimously to renew the current contract beginning October 1, 2002 and terminating September 30, 2003 and include a payment • in the amount of $100,000. The next matter for the Court's consideration was a request by the County Clerk to adjust the hourly pay for election workers from $6.00 to $8.00 per hour. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to increase the hourly pay for Vol 3f Page -15 0 Commissioners' Court meeting September 3, 2002 3 election workers. The Court next considered approval of a lease agreement between Brazos County and S.N.S. Investments, LLC of Brazos County for rental of office space in the building located on 1904 North Earl Rudder Freeway, in Bryan, Texas 77803, for the use of the Justice of the Peace for Precinct 2 Place 2. Term of the lease is for the period of one year commencing on September 1, 2002 and ending on September 30, 2003. The County agrees to pay the amount of One Thousand Two-Hundred Dollars ($1,200.00) per month. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement between Brazos County and S.N.S. Investments, LLC for the period stated above. A copy of the Lease Agreement is attached. The Court proceeded to consider approval of a Clinical Psychology Services Agreement with the Psychology Clinic in the Department of Psychology at Texas A&M University. The Psychology Clinic will provide 500 hours of clinical psychology services to juvenile offenders during a 12-month period. Total cost of services will be $12,713.13 to be paid in 12 installments. Term of the agreement shall begin September 1, 2002 and end August 31, 2003. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Vol 36 Page • Commissioners' Court meeting September 3, 2002 4 Court voted unanimously to approve the agreement with the Department of Psychology at Texas A&M University. A copy is attached. The next matter for consideration was an application made by Reginald Walker for military service credit with the Texas County & District Retirement System. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the • Court voted unanimously to approve the application of Reginald Walker for military service credit and forward the application to the Texas County and District Retirement System. The Court next considered approval of a grant application by the County Attorney to the Texas Department of Transportation for the "Comprehensive Underage Drinking Enforcement Program." This is a 75/25 match grant in which the federal government funds 75% and the county funds the remaining 250. Commissioner Thornton moved to approve. Commissioner Cauley seconded the motion. Commissioners Thornton, Cauley and the County Judge voted "Aye". • Commissioner C. B. Jones abstained. The motion carried. Dr. Dudley Smith, A&M University professor, commended the county on this program. The Court next considered four (4) documents concerning the Bentwood Estates, Phase i subdivision and the exchange of property for the creation of an easement. On motion by Vol :35 Page I 0 Commissioners' Court meeting September 3, 2002 5 Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the following documents: a. Exchange Deed with MLS Development Corporation, Inc. b. Letter Agreement with MLS Development Corporation, Inc. C. Easement Agreement between MLS Development Corporation, Inc. and The Frank McGregor Family Trust d. Access Easement Letter Agreement between MLS Development Corporation, Inc. and The Frank McGregor Family Trust The next matter before the Court was approval of a New Public Road Crossing Developer's Agreement with Duck Haven, Ltd. and Union Pacific Railroad Company concerning the proposed construction of the new Drake Drive at-grade public road crossing. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute the documents on behalf of Brazos County. A copy is attached. The Court next considered the request from Patterson Petroleum to construct a road bore for a 6%11 gas gathering pipeline right-of-way of Opersteny Road approximately 1.5 miles south of State Highway 21. Company Check in the amount of $500.00 accompanies the request. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Vol -35 - Page 0 Commissioners' Court meeting September 3, 2002 6 Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Patterson Petroleum and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Lot 1, Block 1, Benchley Tower Addition 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 Cauley, the Court voted unanimously to approve the final plat of Lot 1, Block 1, Benchley Tower Addition as submitted. The Court next considered approval of the Final Plat of Bentwood Estates Phase One, 2 Blocks, 33 Lots, 77.527 Acres in Precinct 1. 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 Cauley, the Court voted unanimously to approve the final plat of Bentwood Estates Phase One, 2 Blocks, 33 Lots, as • submitted. The Court next considered approval of the Final Plat of Paloma Creek Estates, 10.019 Acres in Precinct 1. 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 Cauley, the Court voted Vol -36 Page 9 0 Commissioners' Court meeting September 3, 2002 7 unanimously to approve the final plat of Paloma Creek Estates, 10.019 Acres as submitted. The court next considered a recommendation by a consultant for a communications system for the offices of the Justices of the Peace, Precincts 1 and 3. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to remove from the agenda until more information is received. The next item for consideration was the reduction of the bandwidth for the County's internet access. On motion by Commissioner Thornton, seconded by Commissioner C. B. Jones, the Court voted unanimously to remove this item from the agenda. Then on motion by Commissioner C. B. Jones, seconded by the County Judge, the Court voted unanimously to not bring this item back for consideration on September 101-h because only three members of the Court will be present for the meeting. The Court next considered approval of a requisition from the Judicial Software budget for additional system memory for the TSG Justice Server. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the requisition in the amount of $8,300.00. The Court next considered awarding the Annual Grease Trap Pumping Contract. Marcia Mann, Buyer, recommended acceptance of the quote submitted by Carroll Septic Tank Service. On Vol -3s Page ID • Commissioners' Court meeting September 3, 2002 8 motion by Commissioner Cauley, seconded by Commissioner C. B. Jones, the Court voted unanimously to accept the recommendation of the buyer and award the contract to Carroll Septic Tank Service. A copy of the quotes is attached. The Court next considered awarding the Annual Carpet Cleaning Contract. Marcia Mann, Buyer, recommended acceptance of the quote submitted by Asure Carpet Service. On motion by • Commissioner C. B. Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the buyer and award the contract to Asure Carpet Service. A copy of the quotes is attached. The Court next considered renewal of Bid #2002-060R, Janitorial Supplies. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to exercise the County's option to renew the bid with Ray Criswell Distributing Company. The term for the contract will be from October 15, 2002 through October 15, 2003. The next matter for the Court's consideration was a • requisition to Awalt Rental for a Reversible Plate Compactor for the Road & Bridge Department utilizing "Other Equipment" Capital Improvement Funds. Commissioner Cauley moved to approve. Commissioner Thornton seconded the motion. After some discussion, The County Judge moved to modify the original motion to state pending clarification from the County Auditor Vol Page 0 Commissioners' Court meeting September 3, 2002 9 as to which account would fund the requisition. Commissioner Cauley seconded the modification. The Court voted unanimously to-approve the motion with the clarification. The Court next considered contracting with Brazos Valley Council of Governments to provide administrative services for the Texas Workforce Center Operations. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda as it is no longer needed. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He visited with Ron Schmidt, board member of Junction Five-O-Five, who told the Court that employees are currently paid $6.86 per hour. He said that he would like the Court to raise the salaries to $7.50 per hour. Susan Gandy made the following announcements: a) There will be no Commissioners Court meeting on September 17, 2002 b) There are plans for a memorial service on September 11, 2002. There was no citizen input and/or concerns. There was no requirement to meet in Closed Executive Session. There being no further business to come before the Court, the meeting was adjourned. Vol 035 Page ~a- • The foregoing minutes of the Commissioners Court meeting held September 3 , 2002 have been examined and are approved in open Court this the zgJ-4- day of + , , 2002, in Bryan, Brazos County, Texas. Alvin W. ones County Judge • Wm. S. Thornton Commissioner, Precinct 2 Carey C ley, Jr. Commiss oner, Precin t • Vol 1315 Tony ones Commissioner, Precinct 1 C. B. J s Commis ner, Precinct 3 aren McQueen County Clerk Page 1,3 0 . BRAZOS COUNTY `CONMSSIONERS COURT MEETING ON --;200L AT 9'zv NAMP ORGANIZATI ON/DEPARTMENT b fz, 0~- Co , L. d • • • BRAZOS COUNTY--COMMISSIONERS COURT MEETING ON . 3 200 1- AT 9:00 kA( NA E ORGANIZATION/DEPARTMENT ' ~)P,t P 9(: Sy 6 lee- C~ 3s Ad/ 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-39.1 through 39.4 On this the 3rd day of September 2002 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; W1m. S. Thornton, Commissioner, Precinct 2; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: /1~ THAT AREAS, on September 3, 2002 the Court heard and approved a budget amendment for the 2001-2002 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 4, 2001 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3rd day of September, 2002. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By:` L Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes ~ `35 ' . • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 39.1 9/3/02 • • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 200001 673420 Dr. Minor Furniture $ 2,102.00 01 200001 615000 Cr. Printing 1,500.00 01 200001 618010 Cr. Travel 602.00 District Clerk Administration To reallocat e budget to allow the purchase of 5 Lateral File Cabinets. 9 1 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 39.2 9/3/02 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 220001 525000 DR Contract Services $ 570.00 220001 516100 CR Hourly - Staff 484.00 220001 531000 CR Social Security 36.00 220001 532000 CR Retirement 50.00 To provide funding in the 85th District Court to allow the court to contract for baliff services 40 r,~z f' e 71r, I - V45w~-- • • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 39.3 9/3/02 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease NON-DEPARTMENTAL 01 110005 725900 Professional Fees 37,500.00 01 110015 611300 Contin enc 37,500.00 To rovide funding to allow the County to a its portion of the Dean International Inc. contract for services related to the Hi Swed Rail Corridor. W- A-01-41 6t- P, # e; E, 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01102 - 39.4 913/02 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease Emer gency Man gement 01 355001 672860 DR Other Equipment $ 600.00 355001 615000 CR Printin $ 400.00 355001 659500 CR Vehicle Maintenance 200.00 To reclassi the use of funds from R airs and Departmental Support to or meet. • PERSONNEL CHANGE OF STATUS page 1 of 1 • • COURT DATE: September 3, 2002 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status ■■a■■■■■■aa■■aa■■a■ ■■■■r■■a■■.■■■■aa■ ■■r■■a■■a■■a■a■■aa■■■■a■■■■aa■■~ DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED TAX OFFICE ZELLER, N. CAROL RESIGNATION 85TH DISTRICT COURT PROBST, ANDREA J NEW HIRE - FULL-TRVM SHERIFF'S OFFICE /JAIL FRALEY, KRISTOPHER BURNS, JOAN NEELEY, ALTON E. ROGERS,EDNA POINTER, BELINDA HINES, LAQUITA TRANSFER WITHIN DEPT. RESIGNATION RESIGNATION RESIGNATION NEW HIRE - FULL-TIME RESIGNATION JUVENILE SERVICES RAY, TIFFANY PROMOTION/ELIGIBLE FOR STATE SUPP. Approved in Commissioners' Court: September 3. 2002 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) h&049 1 35- a 0 TONY JONES Precinct 1 Brazos County Commissioners Court 361-4106 ALVIN W. JONES WM. S. THORNTON County Judge Precinct 2 (979) 361.4102 361-4115 September 3, 2002 The Honorable Ron Silvia Mayor City of College Station P. O. Box 9960 College Station, Texas 77842 Dear Mayor Silvia: RANDY SIMS Precinct 3 361-4105 CAREY CAUIFY, JR. Precinct 4 361-4111 This letter is an official renewal of the current contract between Brazos County and the City of College Station for Emergency Medical Ambulance Service. The current termination date is September 30, 2002. At this time, we are exercising Paragraph 9 which allows for the renewal of the existing contract. The new termination date will be September 30, 2003. This action incorporates the payment amount of $1 QQ,000L for FY 2002- 2003 as detailed in Paragraph 5 of the contract. Please contact this office should additional information be required. Sincerely, Al i W. ones County Judge Brazos County Courthou s3~ as T li 5E~ -Suite 114 Bryan, Texas 778035327 Fax: (979) 8236993 1 LEASE AGREEMENT This lease Agreement is made and entered into this third day of September, 2002, by and between S.N.S. INVESTMENTS, LLC of Brazos County, herein called "Lessor," and BRAZOS COUNTY, TEXAS, herein called "Lessee." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 2,742 sq. ft.) in the building located at 1904 North Earl Rudder • Freeway, Bryan, Texas 77803, to include electricity, water and sewer along with restrooms. It will also provide handicap access. TERM The term of this lease shall be for a period of thirteen months, commencing September 1, 2002 and ending on September 30, 2003. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of $1,2000.00 (Twelve Hundred Dollars) per month on the first of each month. USE OF PREMISES The leased premise shall be used only as an office and storage facility and Lessee shall not • permit the leased premises or any part thereof to be used for: (a)the conduct of any offensive, noisy or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b)the creation or maintenance of a public nuisance; (c)anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d)any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises by occupied by any person or persons other than the person or persons authorized by Lessee. 3 3 is INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, free and harmless from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of Lessee, provided that nothing in this agreement shall expand or enlarge the liability of Lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, at his expense, be responsible for fresh water lines to the building. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of the buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. Lessee shall keep the grass mowed and trimmed around the building. DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total ,36- ~ c2d ""R1.iidSS.~- • floor space of the leased premises be rendered unfit for Lessee's occupancy, this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all buildings and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. UTILITIES 0 All charges for electricity, water and other utility services shall be paid by Lessor. IMPROVEMENTS All alterations, changes and improvements built, constructed or placed in the leased premises by Lessee, other than movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee, at the termination of this lease, shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein • without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor, shall be void and shall, at the option of the Lessor, terminate the lease. LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or dements of the lease to be performed or complies with by Lessor, and such violation or failure continues for fifteen (15) 3 C~ days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BY LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that, in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now on the leased premises by Lessor. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all buildings and improvements thereon, provided, however, that the right of inspection shall not exceed to any record, the disclosure of which is prohibited by law. PAREI NG Ample space will be provided for parking vehicles. NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed 4 to Lessor Carey Smith TexCon General Contractors at 1707 Graham Road, College Station, Texas 77845; addressed to Lessee, Brazos County, 300 East 26 h Street, Bryan, Texas 77803-5317, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct Three (3) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at 1707 Graham Road, College • Station, Texas 77845. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as may be granted, to a reasonable sum as and for his attorney's fees in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION • In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal or unenforceable, it shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 0 AMENDMENT No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. LESSOR: S.N.S. INVESTMENTS, LLC By:_ Coyo;-;W LESSEE: ATTEST: taren McQueen, County Clerk BRAZOS COUNTY By: (4:~ L:2a Alvin W. Jones, County Judge • j • Juvenile Services / TAMU Psychology Proposal Page 1 of 4 Clinical Psychology Services Agreement between Brazos County Department of juvenile Services and the Psychology Clinic in the Department of Psychology at Texas A&M University • Proposal prepared by Robert W. Heffer Departrnwt of Psychology Texas A&M University July 25, 2002 • Running Head: JUVENILE SERVICES / TEXAS A&M PSYCHOLOGY PROPOSAL r L.. J~ Aa 0 Juvenile Services / TAMU Psychology Proposal Page 2 of 4 1-1~ Institutional Representatives For Bt znrsCotinD4 f Hent oF.Pimen/e set Ykus 1 ~ flA~Az A Ernest K W Jr. Date Director f Fi o r Bra z i a s Co ttn t y a I ep erb n e a t Of lwen//e 6WW,e ?S 6- AMP W. Jones, 7Uate CountyJudge For Te xa s A d F M Un / v e t si t y MCHA9L B. HUDDUSTON Date DIRECTOR DEPARTMENT OF CONTRACT ADMINISTRATIOR • Juvenile Services / TAMU Psychology Proposal Page 3 of 4 Clinical Psychology Services Agregiment between Brazos County Department of 3uvenlle Services and the Psychology Clinic in the Depar nwnt of Psychology at Texas A&M University 1. Purpose of Agreement This contract outlines an agreement between the Brazos County Department of Juvenile Services (henceforth referred bo as Juvenile Services) and the clinical Psychology program in the Department of Psychology at Texas A&M University (hencefath referred to as TAMU) regarding a clinical assistantship program between the two institutions. Thep of this EF1 ment is toprovide the terms whereYy (a) students enrolled in the Clinical Psygy Program shall receive on-site educational experiences from Juvenile Services„ and (b) JuServices shall receive clinical psychology services provided by students enrolled in the Doctoral Clinical Psychology Program. IL Respective Responsibilities • A. TAMU agrees to: 1. Provide a masters-level graduate student in dinical psychology m Juvenile Services for 10 hours,~week for 50 weeks during a 12-month period (500 hours per year). 2. Provide one hour per week of doctoral-level supervision for this graduate student. 3. Bill Juvenile Services monthly for services provided. B. The student agrees to: 1. Provide clinical psychology services to Juvenile Services for 10 hours/week. Scheduling of these 10 hours is to be negotiated on an individual basis between the student and Juvenile Services. 2. Include within the 10 hours/week the following on-site activities: Direct clinical services, staff meetings and consultations, and all administrative responsibilities including preparation of written reports and maintenance of clinical records. 3. Comply with policies established by Juvenile Cervices regarding code of ethics, confidentiality, and other issues relevant to provision of clinical services in a multidisciplinary setting. The student will supply appropriate certification of credentials and complete agreements regarding confidentiality and other professional issues as required by Juvenile Services of its staff and consultants. • C. Juvenile Services agrees to: 1. Submit a check payable to Texas A&M University 10 days hollowing receipt of the bill for services. 2. Provide case-by-case consultation to the student on an as-needed basis by Juvenile Services staff. 3. Provide written evaluation of the student to the director of clinical psychology training at TAMU at the end of the term of this agreement. 4. Identify two weeks during the 12-month period, In consultation with the student, during which no clinical services will be provided by the graduate student. 10. 0 Juvenile Services / TAMU Psychology Proposal Page 4 of 4 D. TAMU and Juvenile Services both agree to: 1. Selection of the graduate student for this clinical assistantship by the Director of Clinical Psychology mrain~ing at TpAMU In consult~atlon with program faculty and VAIN appropriate Juvenile Services 2. Mutual evaluation of the graduate student throughout the term of this agreement. In the event that difficulties arise with any component of the assistantship program, the following steps will be undertaken: a. Eldw Juvenile Servkes or TAMU may Initiate a joint meeting with representatives from both Institutions, including the student assigned to the assistantship, to, Identify relevant issues and plan appropriate interventions to remediate these difficulties. b. In the event that appropriate interventions cannot be Identified or upon Implementation and modification prove unsuccessful, reasonable efforts will be made to continue the student's clinical assistantship at Juvenile Services through the last month of the current academic semester. c. Should continuation of the assistantship or a given student through the end of the current academic semester not prove possible, this agreement may be cancelled upon 30 days written notice by either Juvenile Services or TAMU. III. Professional Uability 1. Professional liability insurance provided to graduate students in clinical ych logy through the Department of Psychology will cover their clinical assistantship responslbii at Juvenile Services. IV. Cost of Agreement 1. This agreement constitutes a fixed-cost contract. 2. Juvenile Services agrees to purchase these services for the sum of $12,713.13 to be paid in 12 monthly Installments of $1059.43. This sum is equivalent to $25.43 per service hour. V. Term of Agreement 1. The term of this agreement shall be for a period of 12 months beginning September 1, 2002 and ending August 31, 2003. 2. This agreement may be renewed if mutually agreed upon by both parties. c\ ...wpdocs\juvenileservicesVuvSrvOl.wpd • TCDRS 'w+caw• • amp r~ • Member's First Name Middle Initial Last Name Social Security Number Mailing Address County/District Employer Name / 7u3 9-7946 9-A lLw4. --I City State Zip Code Daytime Phone Number toK Qualified Military Service Credit T MIMI Application Page 1 Of 1 (Use when military service was preformed prior to county/district employment) Member Information Eligibility: • County/district employer must have authorized qualified military service credit. • Member must have earned 10 years (8 years if authorized) of total TCDRS service credit. • Military service was performed prior to county/district employment. • Military service must have been performed in the uniformed services and can be voluntaryfinvoluntary. • Member cannot have received credit for the same service under TCDRS or any other Texas public retirement system. • Member cannot be receiving nor be eligible to receive federal retirement based on 20 or more years of active federal military duty or its equivalent. • Deposits are not allowed and the maximum service credit that can be awarded is 5 years. Instructions: • Member should complete the "Member Information" section above and sign the form. • Authorized county/district representative should review official military documents and complete the "Employer Certification" section below. • Submittal of a DD214 to verify service periods and type of duty (active or reserve) is required. • For active duty, you will receive a month of service credit for each calendar month of duty regardless of the number of days worked in that month. • For reserve duty, you will receive one month of service credit for each year or fraction of a year of reserve time. • Active and reserve duty should be differentiated on the application in the service period section. • The military duty service periods provided in the section below should be consistent with the "Total Number of Months." If there are any discrepancies, military service will be credited using the service provided on the DD214. t certify that I was on military duty for the period(s) listed below and that I am eligible for this service credit. I understand that my account will be credited with the appropriate number of months for my military service performed. X that l have Employer Certification Type of Military Service Active or Reserve First Month/Year of Military Service Last Month/Year of Military Service Total Number of Months i''ls z ~ S I certify that the periods of military service and total months of service listed above are correct. I further certify that I have reviewed the appropriate military documents and that to the best of my knowledge the member qualifies for "Qualified Military Service Credit" under Section 843.601(c) of the TCDRS governing statute. X 9-3 -o-" Any corrections or whiteouts must be Initialed. TCDRS • PO Box 2034 Austin, TX 78 2034. 512) 328-8889 or SOO2,gFax: (512) 328-8887 • www.tcdrs-org 0 IDENTIFICATION PUWOSES r- CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY AfGddl 1. NAPAE ( 11 ) , 2. DEPARTMENT, COMPONENT AND BRANCH V 1 3. SOCIAL SECURITY NO. REGALD i7ALKER NA Y - USN 457 43 4209 4.a GRADE. RATE OR RANK 4.15. PAY GRADE S. DATE OF BIRTH (YYMMDO) 6. RES VE OBLiG.T RM. DAT RH3 K4 62JU616 Year Month Day 7.a PLACE Of EN1RY INTO ACiIVE DUIY 7.b HOME OF RECORD AT TIME OF EN1RY (City and state, or complete address if knownRT 1 BOX 342J HOUSTON, TX HEMPSTEAD, TX 77445 B.a. LAST DUTYASS"MENT AND MAJOR COMMAND B.b STATION WHERE SEPARATED NTCC CURL PT, SUBIC BAY SIP PSI), K&S CORPUS CHRISTI, TX 9. COMMAND TO VADCH TRANSFERRED 10. SGLI COVERAGE None NAVAL RESERVE PERSONNEL CENTER NEW ORIAW3S LA 70419 Amount: S 10010 11. PRIMARY SPECIALTY (List number, title and years and months in 12. RECORD OF SERVICE Year(s) Month(s) Da s) specfafty. Li~srxWbrialspecialty numbers andtitlesinvolving a Date Entered AD This Period jimi U.) peripdso/oneormoreyeam) b Separation Date This Period ^Ulm U1 RM - 0000 c. Net Active Service This Period 08 us X X d. Total Prior Active Service 00 U0 U131 x x e. Total Prior Inactive Service 00 02 22 X X. f. Foreign Service U4 23 x x g. Sea Service 11 U1 h Effective Date of Pay Grade bLr "AME@!{I75 ssMgrsEcilf1RCf,I6Mciff 'PN AkM fi M4j6M14MT ~k~fL~itdaT~r~e1Y'ft+~ON/ NAVY 6 MARINE CORPS EXPEDITIONARY NEDAL/NAVY & MARINE CORPS OVERSEAS RIBBON (2ND)/ ARMED FORCES EXPEDITIONARY MEDAL/MERITORIOUS UNIT C01 1ENDATION (2ND)/ s l%#4% g1AU", 13%6%uzeill(lggu-W(odgeeks, and month and year &Dmpleled) X R X x x x Y. X X 1Sa, MEMWR COMPUM rfo TO FOST-VIETNAM ERA ef 0 No 15.1, HIWI SCHOOL GRADIJAIr OR res No 16. DAYS ACCRUED LEAVE PAID VETERAWEDUCATTOWAI AWSTANCE PROGRAM P fOIINALTNT •S - 17. MEMWER WAS P071111 D COMPLETE DENTAL EXAMINATION AND ALL APPROPRIATE DENTAL SERVICES AND TREATMENT WITIDN 90 DAYS PRIOR TO SEPARATNXtl YH rY 19. lttPAARK5 ENIASTHIMT T51M EXTENDED FOR 9MOS ON 90NAY29. EXTL21SION OF SEBVICK WAS AT THE R0111SST AND FOR THE CONVENIENCE Of THE GOVERNMENT. Z X X Y ~X X X X X x x X X R X X g X x x x li X X A x 121 lfAJ i fiFJS AFTER SEPARATION (Include Zip Code) fifiNWARFSi !ZF! ATIVFM(Nagj,and addre ss- include Zip Code) ~A LY ~ K l IIBMPSTEAD TX 77445 S BLL (SA10. A OC X 19A) 20. umsfaiieaumsm►EsKsEEfrto Tit OIN. OT VET AFFAIRS $ vM No 22. OFFICIAL AUTyARgED TQ SIGN Mped name, grade, We and 21. ATURE OF NEWER BEING SEPARATED let Lf signature): ~ G. R. ~IDAI;~i `Yi( ski nyZS~ROIc _ ,a I-s,e 10, SPECIAL ADDITIONAL INFORMATION (for use by authorized agencies only) 23. TYPE OF SEPARATION 24. CIIARACTER OF SERVICE (Include upgrades) RELEASE FROH ACTIVE DUTY HONORABLE - 2S. SEPARATION AUTHORITY 26. SEPARATION CODE 27. REENTRY CODE HII.PERDtAN 3620150.10 LBK R8-1 28. NARRATIVE REASON FOR SEPARATION UGN Rt3LEAS ACTIVE DUT AND F S PR D T V L ' ROM F. 6 Y TRAN FE O NA A R1 sSFRVF 19. DATES Or TBTSf LOST DURING THIS PERIOD 30. ME REQQUESTS COPY T),; NpNE. • ('J• Intl /'"``1 00 Foiin 214, HOV 88 S/K 0 111; 11 1)(1ffill revio c rrstcts asl• o 1 t MEMBER- ® Federal Pass Through Misc. Contract Number. 583XXF5007 Grant Funds CFDA #20.609_ Charge Number: (03)0201B lAA ❑ State Grant Funds PIN: 17460004330038 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and Brazos County. hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2003. ' WITNES•SETH Project Title: Comprehensive Underage Drinking Enforcement Program Brief Project Description: To deter licensed establishments and its employees from selling alcoholic beverages to underage persons and educate the student parent and retailer on the dangers of underage consumption of alcoholic • beverages. AGREEMENT Grant Period: The Grant becomes effective on 10/1/2002, or on the date of final signature, whichever is later, and ends on 9/30x1003. Maximum Amount Eligible for Reimbursement: $4V-04 . Cost incurred after the end of a fiscal year cannot be reimbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability, in the Standard Provisions) Project Year: 3 Estimated Budget: TxDOT State/i.ocal/Other Program Income Labor $ 8,447 12,800 0 Other Direct Cost 37,757 2,601 0 Indirect/F&A Cost 0 0 0 TOTAL $ 46204 15,401 0 Project Year: _ Estimated Budget: TxDOT Statdl ocaWther Program Income Labor $ Other Direct Cost • Indirect/F&A Cost TOTAL $ 0 0 0 Project Year: _ Estimated Budget: TxDOT Stateakcal/Other Program Income Labor $ Other Direct Cost Indirect/F&A Cost TOTAL $ 0 0 0 In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated as indicated as a part of the Grant Agreement: ® Attachment A, Project Description ® Attachment B, Project Budget ® Attachment C, Standard Assurances ® Attachment D, Debarment Certification ❑ Attachment E, Lobbying Certification (required if amount payable is $100,000 or more) ❑ Attachment F. Child Support Statement g~ar+yy µ TxDOT Form 2075 (rev. 312002) Charge Number. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating Brazos-County and/or carrying out orders, established policies or work [Legal Name of Agency] programs approved and authorized by the Texas Transportation Commission. By_,__ Authorized Signs ] By 1 District Weer Alvin W. Jones. County Judee Texas Department of Transportation [Name and Title] Date ! l 2 ~'1.Gtd2 Date 3, - ?=.A.--ATTEST: [Signature] By Director, Traffic Operations Division Date )Caren McQueen. County Clerk [Name and Title] Under authority of Ordinance or Resolution Number (for local governments): Malline Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the mail code, last three digits of the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail code accordingly and notify TxDOT of any changes.): For Subgrantee: Name: James M. Kuboviak For Texas Department of Transportation: Sarah Chamberland Title: Brazos County Attorney Traffic Safety Specialist Organization: Brazos County Attorney's Office Texas Department of Transportation Address: 300 E. 26`s Street, Suite 325 1300 N. Texas Avenue Bryan, TX 77803 Bryan, TX 77803-1760 Phone: (979) 3614300 (979) 7784755 Fax: (979) 3614357 (979) 778-9709 E-mail: Texas TYa.Tic Safety Program Grant Agreement Page 2 of 10 MOT Form 2075 (rev. 312002) • STANDARD PROVISIONS ARTICLE 1. RESPONSIBILITIES OF THE PARTIES The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 2. COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget The amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B.• All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total reimbursable amount of the budget without a written agreement amendment However, the Subgrantee must provide written notification to the Department of a change of 5% or less, prior • to payment of the Request For Reimbursement that includes the change, indicating the amount and percent change and the reason(s) for it The maximum amount payable shall not be increased as a result of exceeding a budget category without a written grant amendment C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the time fiame specified in Grant Period on page 1. D. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Educational Institutions; • A-87, Cost Principles for State and Local Governments; or, • A-122, Cost Principles for Nonprofit Organizations. E, The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within thirty (30) days after the end of the billing period. The Subgrantee will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on page 2 of this agreement. F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. G. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment Payments, however, are contingent upon the availability of appropriated funds. • I. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost assumption plan by the end of the fast twelve months. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for which the Subgrantee has assumed some cost sharing by the end of the fast twelve months, and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement Any extension beyond that time will be negotiated on a case-by-case basis. Texas Traffic Safety Program Grant Agreement Page 3 of 10 TxDOT Form 2075 (rev. 312002) _1 C7 ARTICLE 3. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Department, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim tinder this agreement. The Subgrantee expressly aclmowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLE 4. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLES. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specified on the cover page to this Grant. ARTICLE 6. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article S. If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the connections. Texas Traffic Safety Program Grant Agreement Page 4 0 10 TxDOT Form 2075 (rev. 312001) • ARTICLE 7. GENERAL TERMS AND CONDITIONS GI. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized • representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. G4. Noncollusion • The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. Texas Tia.glc Safety Program Grant Agreement Page S of 10 TkDOT Form 2075 (rev. 312001) ,Aft ?-q 39 0 G5. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgrantee shall submit the final performance report within 30 days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make such records available at its office at all reasonable times for the time period authorized in Article 1, Contract Period. The Subgrantee further agrees to retain said records for four years from the date of final payment of contract costs incurred hereunder. Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United States Department of Transportation, and the Office of the Inspector General shall have access to the records at reasonable times during the period of the agreement and the four years retention period for the purpose of making audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the four year retention period, the subgrantee shall retain the records until completion of the action and resolution of all issues which arise from it. G7. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." G8. Subcontracts Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcontract by the Department. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. Texas Tragic Safety Program Grant Agreement Page 6 of 10 TxDOT Form 2075 (rev. 312002) VOL.~M C~ G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of termination. • Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. G10. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned bereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement G11. Compliance With Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and • the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. G12. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department. - Texas Traffic Safety Prograpm1 Grant Agreement Pa e 7 of 110, ' L TxDOT Form 2075 (rev. 312002) G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. G14. Resources The Subgrantee warrants that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Gls. Property Management The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, in: • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; or, OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G16. Procurement Standards The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of. • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, • OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G17. Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the insurance during the grant period established in Article 1. G18. Equal Employment Opportunity The Subgtantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). Texas Traffic Safety Program Grant Agreement Page 8 of 10 TkDOT Form 2075 (rev. 312002) t,~ . G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, . including procurement of materials• or leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. is 4. Information and Reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: • withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or • cancellation, termination, or suspension of the agreement in whole or in part 6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. • G20. Disadvantaged Business Enterprise it is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49 ' CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal fiords. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or gender in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. Texas Traffic Safety Program Grant Agreement Page 9 of 10 TxDOT Form 2075 (rev. 312002) 0 G21. Debarment/Suspension The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant fimds, and, when requested by the Department, to famish a copy of the certification. G22. Signatory Warranty The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement, or within thirty days, he/she will sign a letter designating signature authority by position title for grant-related documents other than the grant agreement or grant agreement amendments. These other grant-related documents will include, but not be limited to, the following: cost assumption plan, application for project extension, administrative evaluation report, requests for reimbursement (RFR), and routine correspondence. G23. Assurances and Certification . The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. G24. Intellectual Property Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. Copyrights: TxDOT, the [other party to the contract]; and the federal government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for government purposes: • the copyright in any works developed under this agreement or under a subgrant or contract under this agreement; and, • any rights of copyright to which the [other party to the contract], its subgrantee, or contractor purchases ownership of with financial assistance hereunder. Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The standard patent rights clause at 37 CFR §401.14 as modified below is hereby incorporated by reference: • the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (p)(1) or the clause; • Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and ' • Paragraph (1) of the clause entitled "Communications," shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to TxDOT." If the grant results in the development of any intellectual property as defined in Transportation Code, Section 201.205, the Department and the Subgrantee shall jointly own all the rights, title, and interests in and to all data and other information developed under the grant. Each agency may license, reproduce, publish, modify, or otherwise use and authorize others to use the copyright in any work developed under this grant. All such documents will contain a copyright mark acknowledging this joint ownership. There will not be a charge to either agency for such use. Texas Traffic Safety Program Grant Agreement Page 10 of 10 7kDOT Form 2075 (rev. 312002) • Attachment A traffic Safety Project Description BRAZOS COUNTY (Name of Subgrantee) 1. PROBLEM IDENTIFICATION: The program will deter licensed establishments and its employees from selling alcoholic beverages to underage persons and will educate the student, parent, and retailer on the dangers of underage consumption of alcoholic beverages. This deterrence will be affected by the filing of criminal charges on the server, and the filing of administrative charges on the licensed establishments. The program is designed to conduct educational programs for elementary and secondary education schools, fraternity/sorority organizations and retail groups to address underage drinking and the consequences of using a fictitious identification to obtain alcoholic • beverages. The program will provide informational programs for civic and religious organizations to adders parental responsibility on underage drinking issues at special events and "pasture parties." H. _ OBJECTIVE AND PERFORMANCE GOALS: Objective: To conduct a comprehensive education, prevention and enforcement program to address underage drinking in Brazos County by September 30, 2003.. Performance Goals: (A) To conduct a minimum of 18 public educational program on youth alcohol issues by September 30, 2003. (B) To develop and inter-agency task force with a minimum of 4 law enforcement agencies to conduct educational programs and sting operations by September 30, 2003. (C)To conduct minor sting enforcement activities targeting those who provide alcohol to minors from the baseline year (October 1999 to September 2000) of 0 to a minimum of 50 - by September 30, 2003. (D) To file administrative charges on licensed establishments that sell or serve alcohol to minors from baseline year (October 1999 to September 2000) of 0 to a minimum of 40 by September 30, 2003. _ Traffic Safety Project Description Page 1 of 6 TxDOT Form 2076 (Rev: 7/2002) 0 Subgrantee: BRAZOS COUNTY Attachment A (E) To file criminal charges on employees of establishments that sell or serve alcohol to minors from baseline year (October 1999 to September 2000) of 0 to a minimum of 40 by September 30, 2003. (F) To identify and file criminal charges of persons who make alcohol available to minors from baseline year (October 1999 to September 2000) of 0 to a minimum of 24 by September 30, 2003. (G) Identify and file criminal charges of persons who possess ficticious or altered identification from the baseline year (October 1999 to September 2000) of 0 to a minimum of 12 by September 30, 2003. (H) Issue citations for Minor in Possessions violators from the baseline year (October 1999 to September 2000) of 0 to •a minimum 100 by September 30, 2003. III. PERFORMANCE INDICATORS: The following performance indicators, when applicable, shall be included in each Performance Report and summarized in the Administrative Evaluation: (A) Number of presention/eductional activities conducted (B) Number of agencies conducting education and sting operations. (C) Number of minor stings conducted. (D)Number of administrative cases filed on sellers/servers for selling alcoholic beverages to minors. (E) Number of criminal cases filed on establishments for selling/serving alcoholic beverages to minors. (F) Number of criminal cases filed for making alcoholic beverages available to minors. (G) Number of criminal cases filed for possession of ficticious or altered identification. (H) Number of Minors in Possession violators cited. IV. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectivelperformance goals of this grant by implementing the Action Plan in this attachment. B. All newly developed public information and education (PI&E). materials must be submitted to the Department for written approval prior to final production. Trarc Safety Project Description Page 2 of 6 TxDOT Form 2076 (Rev: 712002) AWL • Subgrantee: BRAZOS COUNTY Attachment A C. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. Grani . approval does not satisfy this requirement. • F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. G. Ensure that salaries for employees reimbursed under this grant will in no way supplant (i.e., replace state or local expenditures with the use of federal grant funds) Subgrantee wages for activities which are already supported by local or state funds. H. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. V. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. B. Provide program management, technical assistance, and attend meetings as appropriate. C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the agreement. is D. Perform an administrative review of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objective/performance goals. VI. PROGRAM INCOME: If referenced and approved in the Highway Safety Plan and grant agreement, a Subgrantee may generate or earn program income from grant-supported activities. Such earnings may include, but will not be limited to, income from service fees, sale of commodities, usage or rental fees, and royalties on patents and copyrights. Traffic Safety Project Description Page 3 of 6 TxDOT Form 2076 (Rev. 712002) 0 Subgrantee: BRAZOS COUNTY Attachment A Program-generated income can be used as project match, as long as this is specifically approved by TxDOT. All program income earned during the grant period shall be retained by the Subgrantee and, in accordance with the grant or other agreement, shall be added to federal funds committed to the project and be used to further eligible program objectives. Program income that remains unexpended after grant end shall continue to be committed to the original grant objectives. Traffic Safety Project Description page 4 of 6 TxDOTForm 2076 (Rev. 712002) • W Uk f S~ • f. • ACTION PLAN of innapoRVen FY 2003 PROJECT TITLE: Comprehensive Underage Drinking Enforcement Program SUBGRANTEE: BRAZOS COUNTY OBJECTIVE: To conduct a comprehensive education, prevention and enforcement program to address underage drinking in Brazos County by September 30, 2003 PERFORMANCE GOAL: Administrative and general grant requirements: is KEY: p = planned activity c = completed activity r = revised PROJECT MO NTH ACTIVITY RESPONSIBLE OC NO DE JA FE 11 MR AP MY JN JL AU SE OC NO 1. Hold Grant delivery meeting. Department P 2. Submit Requests for Reimbursement. Subgrantee P P P P P P P P P P P P 3. Submit Performance Reports. Subgrantee P P P P P P P P P P P P 4. Hold Grant progress review meeting. Subgrantee & Dept. P P P P 5. Conduct on-site monitoring visit. Department P 6. Submit Cost Assumption Plan. Subgrantee P 7. Submit Administrative Evaluation. Subgrantee P 8. Submit letter regarding signature authority. Subgrantee. P 9. Submit operational cost per vehicle mile (If applicable). Subgrantee P 10. Submit Project Extension Request (if applicable). Subgrantee P 11. Develop an inter-agency task force _ Subgrantee P 12. Conduct an underage drinking enforcement sting. Subgrantee P P P P P P P P P P P P 7}nc Safety Protect Descrtptton Page 5 of 6 1 TxDOT Form 2076 (Rev: 712002) "f W N 7~nt CpartmM d 7itMAaftYen ACTION PLAN FY 2003 PROJECT TITLE: Comprehensive Underage Drinking Enforcement Program SUBGRANTEE: BRAZOS COUNTY OBJECTIVE: To conduct a comprehensive education, prevention and enforcement program to address underage drinking in Brazos County by September 30, 2003 PERFORMANCE GOAL: Public information and education (PI&E) activities requirements: KEY: p = planned activity c = completed activity r = revised PROJEC T MO NTH ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU SE OC NO 1. Contact the Department regarding PME procedures and planning. Subgrantee P 2. Determine types of materials needed. Subgrantee P 3. Develop proposed materials. Subgrantee P 4. Submit proposed materials and the PI&E plan to the Department forapproval. Subgrantee P 5. Approve materials and plan. Department P 6. Produce/distribute materials. Subgrantee P 7. Maintain records of all PI & E material received/distributed. Subgrantee P 8. Report on activities. _ Subgrantee P P P P P P P P P P P P 9. Conduct presentations. Subgrantee P P P P P P P P P P P P 10. Participate in community events (i.e., health or safety fairs, booths). Subgrantee P P P P P P P P P P P P i Traffic Safety Project Description Page 6 of 6 W OT Form 2076 (Rev: 712001) • ~ Attachment B ' - Forth 2077 (rev. 712002) (GSD-EPC Word 97) Page 1 of 2 Traffic Safety Project Budget Project Title: Comprehensive Underage Drinking Enforcement Program Name of Subgrantee: Brazos County (Round figures to nearest dollar) Other/ Program TzDOT State/Local Income TOTAL Budget Category I - Labor Costs E (100) Salaries Overtime or ❑ Regular Time Salary rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Peace Officers - County Employees B. Undercover Minors C. Secretary D. Total Salaries (200) Fringe Benefits List details: A- Peace Officers - County Employees B. Undercover Minors C. Secretary D. Total Fringe Benefits 4,282 0 4,282 2,520 0 2,520 0 10,000 10,000 0 6,802 10,000 0 16,802 1,285 Or 1,285 360 0 360 2,800 2,800 0 1,645 2,800 0 4,445 (300) Travel and Per Diem* 0 0 0. Reimbursements will be based in accordance with Subgrantee's travel policy, not to exceed state rates. I. Total Labor Costs (100 + 200 + 300) 8,447 12,800 0 21,247 • * Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost Rates (800) -0, Alm a a M is Attachment B TOOT Form 20TT (rev. 712002) Project Title: Comprehensive Underage Drirddng Enforcement (GSD-EPC Word 97) Program Page 2 of 2 Subgrantee: Brazos County (Round figures to nearest dollar) Other/ Program TzDOT StatelLocal Income TOTAL Budget Category II - Other Direct Costs (400) Equipment* 1,025 0 1,025 (500) Supplies* 800 0 800 (600) Contractual Services* 27,140 0 27,140 (700) Other Miscellaneous* A. Public information & education (PI&E) materials.. 1. Educational items = $0 (examples: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items - $0 (examples: key chains, magnets, pencils, pens, mugs, etc.) 0 0 0 B. Other* 8,792 2,601 11.393 Total Other Miscellaneous 8,792 2,601 0 11,393 11. Total Other Direct Costs (400 + 500 + 600 + 700) 37,757 2,601 0 40,358 Budget Category III - Indirect Costs (800) Indirect Cost Rate* (at 00%) 0 0 0 Summary: Total Labor Costs 8,447 12,800 0 21,247 Total Other Direct Costs 37,757 2,601 0 40,358 Total Indirect Costs 0 0 0 0 Grand Total (I + II + III) 46,204 15,401 0 61,605 Fund Sources (Percent Share)-_._-..-__... 75.00% 25.00% 0.00% * Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost Rates (800) x /1~ ~J C • BUDGET DETAIL (EXPLANATION) BUDGET CATEGORY II - OTHER DIRECT COSTS: (400) Equipment (specify type/quantity) 1. Maintenace and Repair of existing equipment (500) Supplies 1. Items used for camera concealment 2. Videotapes 3. Office Supplies (600) Contractual Services (specify) 1. Peace Officers - Contractual ® 25.00 per hour 916 hours = $22,900.00 2. Video Recorders ® 17.50 per hour 128 hours = $2,240.00 3. Instructor (to be used In Public Education and presentations to schools.) 25.00 per hour 80 hours = $2,000.00 (700) Other Miscellaneous A. Registration fees B. Impress 'Buy" Ftinds (to be used in sting operations) C. Mileage 30,100 miles ® 28 per mite 'Rate used only for budge estimate. Reimbursement will be made according to the approved subgrantors average cost per mile to operate patrol vehicles, not to exceed state rate. Documentation of cost per mile is required prior to reimbursement D. Mileage for other Agency Vehicles 4,000 miles 0 28 per mile E. Educational/Promotional Items (costs to print additional educational/ promotional Items.) F. Public Service Announcement (in-house public campaign) G. Training (PI & E presentation education) TOTAL (700) OTHER MISCELLANEOUS TOTAL OTHER DIRECT COSTS Local/ Federal State Funds Funds Total $ 1,025.00 $ - $ 1,025.00 $ 800.00 $ - $ 800.00 $ 27,140.00 $ - $ 27,140.00 $ 22,900.00 $ - $ 22,900.00 $ 2,240.00 $ - $ 2,240.00 $ 2,000.00 $ - $ 2,000.00 $ 1,345.00 $ - $ 1,345.00 $ 5,827.00 $ 2,601.00 $ 8,428.00 $ 1,120.00 $ - $ 1,120.00 $ 500.00 $ - $ 500.00 $ 8,792.00 $ 2,601.00 $11,393.00 $ 37,757.00 $ 2,601.00 $ 40,358.00 0 F~ Form 1854 (Rev. 52002) (GSD-EPC Word 97) Page 1 of 2 STANDARD ASSURANCES Attachment C' The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act to the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. va% • TxDOT Forth 1854 (Rev. 512002) Attachment c (continue[07 Page 2 of 2 • 10. It will ensure that the facilities under its ownership, lease, supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et sea.) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the applicant's governing body of the applicant's grant shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. i0t • Attachment D Thams of nanspormCon ' Form 1855 (Rev. 5/2002) (GSD-EPC Word 97) Page 1 of 1 DEBARMENT CERTIFICATION (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offenee in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more federal, state, or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. Signature of Certi g Official CaUAl TY -Tua E Title SE~TEinaE,ri 3 .2100Z Date • • • Q tu+ r 4.~ V F TTENTI • EFFECTIVE .TUNE20, 2000 CO UN-TY:;1VIILEAGE RATE j as 3-00 PER MILE. I ry ~ [ h . Gryr} P oar" JAMES M. KUBOVIAK COUNTY ATTORNEY SSAZOS COUNTY, TEXAS 7ElEPi70AtCa(tOD) 761-1700 GRAMS COUNTYCOURTvMSE FAX (4" 761 357 700 E.26r9 ST-6mm BRYAN (t7fA4 ~l803 Sys BRAZOS COUNTY, TEXAS SEATBELT•POLICY It is•the policy of Brazos County to follow State Law requirements for seatbelts. 3,45 \J DRAZOS COUNTY POLICY ON COMPENSATORY TIME FOR OVERTIME Unless prior approval is 'received from Commissioners' Court compensatory time may be taken within 2 pay periods (28 days) following accrual, or the compensatory time wiz 1. be cashed out at one and one-half (1 1/2) titnes the employee's regular rate of pay. The County will pay the employee, on the last payroll of each month, for all compensatory time eaz;ned, recorded and not taken from the previous month. The payroll officer _is'authorized to pay only the compensatory time that has •beerr properly reporterd and recorded. one and one-half (1 1/2) hours of Compensatory time off are granted for each hour or overtime worked. Exempt employees do not qualify for compensatory time accrual. Compensatory time off may be taken within a reasonable time after the employee requests it,. as long as such use does not unduly disrupt the operation of the department in which the employee is employed. Compensatory tide off will be paid for at the rate o£.pay the employee r earning when the time off is takeln. If the employee's employment with Brazos County ends, any unused compensatory time off will be cashed out at the employee's regular rate at the time of separation. If the employee's regular rate at separation is lower than his/her average regular rate for the 3 years prior to separation, then the average for the period (up to 3 years) preceding separation will be used. . Any employee-who has any questions, problems, or objections concerning this policy should discuss the matter with his/her supervisor, or the Personnel Department. Adopted this /D rX day of 65:1 i e,14 g / 1996. - 41-v w. nes Countv Judge Con i' •sioner, Pct 1 ndic Sin er _ Conuuiccioncr, l clz careCauic,•, Jc. l . ir".r. Pcl_ 1 'cc. VcL 44 f 0 STATE OF TEXAS COUNTY OF BRAZOS A RESOLUTION AUTHORIZING APPLICATION FOR GRANT FROM TEXAS DEPARTMENT OF TRANSPORTATION WHEREAS, the Department of Transportation is seeking to make the roads of the state of Texas safer, by reducing drunk driving crashes; and WHEREAS, The State of Texas will receive federal grant fimding for the Texas Department of Transportation toward this purpose; and WHEREAS, The State of Texas has designated the Texas Department of Transportation to administer the grants to state and local agencies of government; and WHEREAS, Brazos County has a continuing need for aid to local law enforcement in reducing alcohol related crashes; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY at its meeting on the 3^p day of ~jLr,*Z"AE-k , 2001 that: 1. The County Judge of Brazos County, acting on behalf of the Brazos County be authorized to make application to the Texas Department of Transportation, for grant funding to be used to reduce alcohol related crashes involving minors; and 2. The County Judge be authorized to accept such grant funds should they be tendered; and 3. This resolution becomes effective upon its adoption. Alvin W7jones- County Judge, Brazos County ATTEST: Kiren McQueen, County Clerk Brazos County, Texas Folder No.: 2015-70 NEW PUBLIC ROAD CROSSING DEVELOPER'S AGREEMENT BETWEEN U DUCK HAVEN, LTD. AND BRAZOS COUNTY AND • UNION PACIFIC RAILROAD COMPANY COVERING THE PROPOSED CONSTRUCTION OF THE NEW DRAKE DRIVE AT-GRADE PUBLIC ROAD CROSSING AT OR NEAR MILLICAN, BR.AZOS COUNTY, TEXAS 0 Political Body Original I Holder No. 2015-70 Non-Standard Form Approved, AVP-IA- NEW PUBLIC ROAD CROSSING DEVELOPER'S AGREEMENT Drake Drive Mile Post 63.42 - Navasota Subdivision near Millican, Brazos County, Texas THIS AGREEMENT is made and entered into as of the . J day of 4V rr1Vd rg , 2002, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation to be addressed at Real Estate Department, 1800 Famam Street, Omaha, Nebraska 68102 (the "Railroad") and DUCK HAVEN, LTD., a Texas Limited Partnership, to be addressed at (the "Developer') and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas to be addressed at 300 East 26th Street, Bryan, Brazos County, Texas 77803 (the "County'). (The Developer and the County are hereinafter sometimes collectively referred to as the'Tolitical Body' RECITALS: The Developer desires to undertake as its project the construction of the new Drake Drive at-grade public road crossing and the retirement and removal of one road crossing at Jordan Place Road (DOT #743230D) in Brazos County (hereinafter the `Project"). The County is agreeable to accepting ownership and maintenance of the Project after construction thereof and maintenance in accordance with the County Subdivision Regulations, and further agrees to be bound by the terms of this Agreement, subject to the conditions stated herein. The Political Body desires the right to use for the Project that portion of the right-of-way of the Railroad located near Millican, Brazos County, Texas at Mile Post 63.42 on the Navasota Subdivision (the "Crossing Area") shown on the prints and legal description, marked Exhibit "A" attached hereto and hereby made a part hereof. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1- RAILROAD GRANTS RIGHT For and in consideration of the compensation to be paid by the Developer as set forth in Article 2 and in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement (in the case of the County, only after the conditions set forth in Article 7 have been met), including Exhibits A, B, B-1 and C ("C" being applicable only to Developer), attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway at grade over and across the Crossing Area (herein the "Road'), together with the right of entry 2015-70 (rev) Brazos Co ® Millican, TX Drake Drive Page 1 August 16, 2002 • I 4vv4uo&u kolder No. ZU15-70 Non-Standard Form Approved, AW-Law to control and remove from the Railroad's right-of-way - on each side of the Crossing Area, the weeds and vegetation which may obstruct the view of motorsts approaching the Crossing Area to any trains that may also be approaching the Crossing Area. ARTICLE 2 - COMPENSATION In consideration of the rights granted herein, the Developer hereby agrees to pay to the Railroad the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), upon the execution and delivery of this Agreement. ARTICLE 3 - CLOSURE OF PRIVATE CROSSING r~ A. Within thirty (30) days after execution of this Agreement, the Developer, at its expense, agrees to (i) grant to Earnest Jordan, Jr. (hereinafter "Private Owner'), an easement for roadway purposes on, along and over the Developer's property so that the Private Owner can access its property by using the new public road crossing at Mile Post 63.42 on the Navasota Subdivision instead of using its private road crossing at Jordan Place Road (DOT #743230D), and (ii) construct the new access roadway for the County. B. Upon the completion of the access roadway described in paragraph A above, the Railroad, at the Developer's sole cost and expense, shall remove the private road crossing at Jordan Place Road (DOT #743230D), with the understanding that the Developer shall remove the approaches to such crossing. The Railroad's estimate cost of removing the private road crossing at the aforementioned Jordan Place Road is set forth in the Railroad's Material and Force Account Estimate described in Article 6 below. ARTICLE 4 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE • A. If the Developer will be hiring a contractor or contractors to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work) or if the County will be using a contractor or contractors to perform any subsequent relocation, maintenance and repair after construction and acceptance of the Road), the Political Body shall require its contractor(s) to (i) execute the Railroad's then current Contractor's Right of Entry Agreement; (ii) obtain the insurance coverage described in Exhibit B-1 hereto attached; and (iii) provide the insurance policies, certificates, binders and/or endorsements to Railroad that are required in Exhibit B-1 before allowing any of its contractor(s) and their respective subcontractors to commence any work in the Crossing Area or on any other Railroad property. B. The Developer acknowledges receipt of a copy of the Railroad's current Contractor's Right of Entry Agreement, attached hereto as Exhibit D and hereby made a part hereof, and confirms that it will inform its contractor(s) that it/they and their subcontractors are required to execute such form of agreement before commencing any work on any Railroad property. Under no circumstances will Developer's contractor(s) or any subcontractors be allowed on to Railroad's property without first executing the Railroad's Contractor's Right of 2015-70 (rev) Brazos Co Q Millrean, TX Drake Drive Page 2 August 16, 2002 3 l03 U I ....a,..,.. e..,E Polder No. 2015-70 Nonstandard Form Approved, AVP-lsav Entry Agreement and obtaining the insurance set forth therein and also providing to Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, NE 68102 ATTN: Director Contracts UP Real Estate Folder No. 2015-70 D. If the County uses its own employees to perform any repairs, maintenance or relocation subsequent to the initial construction and acceptance, the County may self-insure all or a portion of the insurance coverage subject to Railroad's prior review and approval. ARTICLE 5 - FEDERAL AID POLICY GUIDE If the Developer will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CR 646, Subparts A and B are incorporated into this Agreement by reference. ARTICLE 6 - WORK TO BE PERFORMED BY RAILROAD A. The work to be performed by Railroad, at Developer's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated July 10, 2001 and July 11, 2001, collectively marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate'). As noted in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is TWO HUNDRED FOURTY-SEVEN THOUSAND TWO HUNDRED EIGHTY-TWO DOLLARS ($247,282.00). B. The Developer acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Developer or its contractor(s) in connection with flagging or other protective services provided by Railroad employees in connection with the Project. All of such costs incurred by Railroad are to be paid by the Developer or its contractors as determined by the Railroad and the Developer. If it is determined that the Railroad will be billing the Developer's contractors directly for such costs, the Developer agrees that it will pay the Railroad for any flagging costs that have not been paid by any of its contractor(s) within thirty (30) days of contractor's receipt of billing. C. If the Estimate provides for the Railroad to install public crossing warning signals and/or gates, the Railroad, at its cost and expense, shall maintain and repair such warning devices; PROVIDED, HOWEVER, that such maintenance and repair shall not negate the Railroad's eligibility for any federal, state, local, or other public funds that may become available for the maintenance and repair of such warning devices and PROVIDED, FURTHER, 2015-70 (Tev) Brazos Co Q Millican, TX Page 3 August 16, 2002 Drake Dnve t+ TL s r._r /_JJ_ • I b - Poloer No. 101.5-/U Non-Standard Forth Approved, AVP-Law that the cost of repair or replacement resulting from damage caused by the general public that is not recovered by the Railroad from the person or entity causing such damage shall be borne entirely by the Developer. D. Upon execution and delivery of this Agreement, the Developer shall pay to the Railroad the sum of TWO HUNDRED FOURTY-SEVEN THOUSAND TWO HUNDRED EIGHTY-TWO DOLLARS ($247,282.00), which is •the estimated cost of the materials and labor needed to construct the new road crossing at Mile Post 63.42 on the Navasota Subdivision. Within one hundred twenty (120) days after Railroad's completion of its work of installing said crossing, the Railroad will calculate finals costs of material and labor associated with its installation of the crossing and this Project, including, but not limited to, actual costs of procurement of materials, manpower and deliveries to the job site and the Railroad's normal and customary additives associated therewith and bill the Developer accordingly. The Developer shall pay the Railroad based on such final billing within thirty (30) days of its receipt of such billing. ARTICLE 7 - EFFECTIVE DATE; TERM A. This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as provided in this Agreement. B. The Developer agrees to be bound by this Agreement for a period beginning as of the first date herein written or the date Work commences, which ever is earlier, and will remain bound until the County gives written notice to the Railroad and the Developer that the conditions set forth below have been satisfied. C. The County's acceptance of the responsibility and duties set forth herein and its agreement to be bound by the terms herein are specifically conditioned upon the satisfaction of the following conditions: The Developer constructing and maintaining the Road in accordance with the County's Subdivision Regulations, as it may be amended from time to time. • 2. County's acceptance of the Road for public maintenance. 3. An affirmative vote of the County Commissioners Court ratifying this Agreement upon acceptance of the Road for County maintenance. D. Upon satisfaction of the conditions stated above, the County will remain bound to this Agreement until terminated as provided herein. E. The Developer and County agree not to open nor use, or allow the use of Drake Drive at Mile Post 63.42 on the Navasota Subdivision, for either private or public use until such time that (i) the Final Plat of Duck Haven Subdivision, Phase One, has been accepted by the County and recorded in the Official Records of Brazos County, Texas; (ii) the County has 2015-70 (rev) Brazos Co Q Millican, TX Drake Drive Page 4 August 16, 2002 0 i - rurucr LNu. cvr.rrv Non-Standard Form Approved, AVP-Law received and approved the certificate of a licensed professional engineer that the Road improvements have been completed in accordance with the County's Subdivision Regulations; and (iii) the Developer has posted a maintenance bond payable to the County and satisfying the requirements of the County's Subdivision Regulations to ensure adequate maintenance of the Road by Developer. ARTICLE 8 - GENERAL CONDITIONS A. Exhibits to this Agreement use the term "Political Body" to refer to the County and Developer collectively. The term "Political Body" for purposes of the Exhibits shall be construed to include the County only upon the satisfaction of the conditions set forth in Article 6 of this Agreement. After such time as the conditions set forth above are satisfied the use of the term Political Body throughout the Exhibits will be deemed to refer only to the County; provided however, such change in the definition of Political Body shall not be construed to relieve the Developer of any liabilities or obligations set forth in such Exhibits which arise or accrue prior to such definitional change and the County does not assume such liabilities and obligations. B. No language contained herein or any action taken or omitted shall be construed to create a partnership, joint venture, association or special relationship between the Developer and the County. C. This.Agreement shall be construed under and in accordance with the laws of the State of Texas. This Agreement is performable in Brazos County, Texas. ARTICLE 9 - CANCELATION CLAUSE Effective upon the removal of the private road crossing at Jordan Place Road (DOT #743230D), any agreement relating to such private road crossing and the use thereof shall be terminated; PROVIDED, however that such termination shall not affect any of the rights or obligations of the parties to said agreement, known or not known, which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior to such termination. 2015-70 (rev) Bni= Co ® Millrcan, TX Page 5 August 16, 2002 Drake Dnve toy romer ivo. zul.)-iu Nonstandard Form Approved, AVP-Law IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in triplicate as of the date first herein written. UNION PAC C COMPANY By: Director-Contracts DUCK HAVEN, LTD., a Texas limited partnership • ATTEST: cl~ Karen McQueen, County Clerk By - Z~~ Duck Hav anagement, LLC. Paul Clarke, Manager BRAZOS COUNTY, TEXAS By 6- I-, - Al W. nes, CAnty Judge Pursuant to Resolution /Order No. ! h dated: 200 hereto attached • 2015-70 (rev) Brazos Co Q Millican, TX Drake Dnve Page 6 a5 7 b August 16, 2002 0 STATE OF NEBRASKA ) ) ss COUNTY OF DOUGLAS ) On this _ o` day of 200_7- , before me personally appeared Gregory L. Pinker to me known to be Director Contracts of UNION PACIFIC RAILROAD COMPANY that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and that he/she was authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wri \'j N Pu he in And for the Sta of Nebraska GBERN.NOfWiY• Sale of Nebras#a PAM 0. FARR61 My Commission Expires: `Z I do I a kVCD e.6P.Dee.?9,M • ACKNOWLEDGMENT • • THE STATE OF TEXAS ) )ss COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 2002, by Paul Clarke, Manager of Duck Haven Management, LLC, as general p er of Duck Haven, Ltd, on behalf of said partnership. No Public, State of Texas My Co~Mabn Expwea - BETTY L DoKORN~ ~ PwIc, sYwe a TOM ,uaaJA~ttr o. ~oaa 40 ACKNOWLEDGMENT THE STATE OF TEXAS ) )ss COUNTY OF BRAZOS ) This instrument was acknowledged before me on the ely of &41vxh~ 2002, by Judge Alvin W. Jones, County Judge, Brazos County, Texas, be alf of Brazos County, Texas. BEATRR D. GREEN F(3NftypUbk&*dT0= myommma"Som No Tbhc, S of Texas JUNE 11, 2006 • EXHIBIT A is Location & Detail Prints r~ 0 N LOCATION OF NEW AT-GRADE W t PUBLIC ROAD CROSSING s CONSTRUCTION PROJECT N divi4ion NIl~ 63.42 - Navasota Swbdiviaioa i; ' Drake Drive - DOT #920472L A`~f"' New At-Grade Public Road w N-! Project _ - i 11 s j[ ol93 mzr eanl~IIOA RAILROAD WORK TO BE PERFORMM: I. Install one new 80 track feet of 133-1b concrete crossing, including new rail, ties & OTM replacing existing 16 track feet of timber crossing. 2. Unload & place one carload of ballast. 3. Surface & line track. 4. Install CWT circuitry, LID Flashing signal with island gates and simultaneous preemption m new cabin. 'jm `f T. Navasota ' m EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY NAVASOTA SUBDMSION MELE POST 63.42 (BPS: N 30° 30.065', W 960 16.978' N=CAN, BRAZOS CO., TX. Illustrative print showing location of a new at-grade public road crossing construction project with DUCK HAVEN LTD and BRAZOS COUNTY. Folder No. 2015-70 Data August 16, 2002 WARNING M AU OCCAMOM U.P. OObDIIINICATX)M D&AWrbCM bOW NM CON[ACTM aN ADVANCE OF ANY VMX O DMM?A dE ]OOSrffiiCE AND LOCATION OF FMM OMC CABM MONM t4W 3369193 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • C7 0 L,2~ EXHIBIT B Terms and Conditions Ago P-P ~ . lot 36 p Standard Form Approved, AVP-Law E=IT B TO PUBLIC HIGHWAY CROSSING SECTION 1 -CONDITIONS AND COVENANTS a) The RaIlmad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constricted in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy arty part of the Railroad's property without the Rmlroad's written consent. Nothing herein shall obligate the Railroad to give such consent b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may he required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line. • c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation. the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area. e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. f) If any property or rights other tlran the right hereby granted are necessary for the construction, maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 -CONSTRUCTION OF HIGHWAY a) The Political Body, at its own expense, will apply for and obtain all public authority required by krw, ordinance, rule or regulation for the Project and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor, • material and equipment, and shall construct acrd complete the highway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way), and all necessary and pamper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks. Upon completion of the Project the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. c) The Railroad will receive no ascertainable benefit from the construction of the Project and except as may be specifically provided herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement. d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President- Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President-Engineering Services. H.\DATA\Favorites\Public Road Crossing Agreements12015-70 Duck Page 1 Exhibit B Haven Ltd near Mrllican, TX - Drake Dr.doc e ic~u Standard Form Approved, AVP-Law e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event within.three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent and subject to such reasonable conditions as the Railroad may specify. It is understood that the Raf -oad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. f) If the Project includes construction of a structure aver which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as constructed' prints and in addition, upon request of the Vice President-Engineering Services of the Railroad, 'as constructed° permanent reproducible prints of all or any portion of the structure. SECTION 3 -INIURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of arty work contemplated by this Agreement or by the failure to do or perform carything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Vice President-Engineering Services. SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD COMPANY a) Bills for work and materials shall be paid by the Political Body prornptly upon receipt thereof. The Railroad will submit to the Political Body current bills for flagging and other protective services and devices during progress of the Project. The Rafhvad will submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project provided the Political Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project. b) The Railroad may contract for the perforina ce of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5 -MAINITNANCE a) If the Project involves a grade crossing: 1) The Political Body shall, at its own sole expense, maintain. repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. 2) If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber pkmking, the Railroad at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. b) If the Project involves a public highway crossing under the Railroad's tracks: 1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure. 2) The Railroad shall. at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the highway-railroad grade separation structure. c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained repaired, and renewed, the entire highway-railroad grade separation structure. SECTION 6 -CHANGES IN GRADE If at any time the Railroad shall elect or be required by competent authority to, raise or lower the grade of all or any portion of the track or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public highway in the Crossing Area H \DATATavoritesTublic Road Crossing Agmernents\2015-70 Duck Page 2 Exhibit B Haven Ltd near Millican, TX - Drake Dr.doc 76 -3'-., vv . •,6,• u~ .+vxu,8 VO, lilvi Standard Form Approved, AVP-Law • to '-)nform with the change of grade of the trackage. SECTION 7 -REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder Is necessitated for public or Railroad convenience or on account of improvements for either railroad highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority. before the change or rearrangement is undertaken. SECTION 8 - SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the uhnost importance, and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property. b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in generaL The • Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Ratihoad for any such fine, penalty, cost, or charge, including without limitation attorneys fees, court costs and expenses. The political Body further agrees in the event of arty such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. c) No Interference or Delavs. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Rcd=c's property or facilities. d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. e) Suspension of Work If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and • proper protective measures are adopted and provided. f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Rai roack and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Bodys own expense or by the Railroad at the expense of the Political Body. The Pohticcrl Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. g) Explosives The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the `vicinity of the Railroad's property' shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: HMATAWavontesTublic (toad Crossing Agreements12015-70 Duck Pege 3 Exhibit B Haven Ltd near Millican, TX - Drake Dr.doc 0 Standard Form Approved, AVP-Law 1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the Pblitical Body shall provide no less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives. 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times. 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any trmtsportation, handling, storage, security or use of explosives. 4) The Political Body shall require explosives to be tronsported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CM Part 1518, Subpart U -'Blasting and the Use of Explosives'; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H -Hazardous Materials'. h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Are(x the Political Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms: 1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and 2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way. 0 )ovation The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice PresidentZrigineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. j) Drgi=e. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. k) Notice. Before commencing any work, the Political Body shall provide at least ten (10) days prior notice (excluding weekends and holidays) to the Railroad's Manager-Track Maintenance. 1) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800.336.9193 (also a 24-hour, 7-day number for emergency calls) to determine If fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) inwlved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9 - INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. WDATATavoritesTublic Road Crossing Agreements12015.70 Duck Page 4 Exhibit B Haven Ltd near Millican, TX - Duke Dr doc VQL$ - tt Standard Form Approved, AVP-Law SELMON 10 - OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11- REMEDIES FOR BREACH OR NONUSE a) If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at anytime for a period of eighteen (18) months shall, at the option of the Railroad work a termination of this Agreement and of all rights of the Political Body hereunder. c) The Political Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 12 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral with respect to the work or airy part thereof. SECTION 13 - ASSIGNMENT, SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the pasties hereto and their successors and assigns. E HADATAWavoritesTublic Road Crossing Agmements12015-70 Duck Page 5 Exhibit B Haven Ltd new Millican, TX - Drake Dr.doc n ,-".u,guwa)W *...8 VW u'Vl Form Approved, AVP-Law 0971IB11 B-1 TO PUBLIC HIGHWAY CROSSING AGREEMENT JNBURANCE REQUIREMENTS For purposes of this Exhibit B-1, all references to the term 'Contractor' shall be deemed to he all contractors hired by the Political Body and all subcontractors of any such Contractor. Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at least $10,000,00C1 Coverage must be purchased on a post 1948 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law.' • The exclusions for railroads (except where the Job site is more than fifty feet (50) from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Coverage for Contractor's (and Railroad's) employees shall not be excluded • Waiver of subrogation Business Automobile Coverage Insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • 'For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50) from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Alternate Employer Endorsement H•\DATA\Favontes\Pubhc Road Crossing Agreements\2015-70 Duck Page 1 Exhibit B-1 Haven Ltd near Millican, TX - Drake Dr.doc satt c3~ g - ruouc tuginvay Crossing 03/13/01 • Form Approved, AVP-Law D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the Primary Policy. E. Railroad Protective liability insurance naming only the Railroad as the insured with a combined single lirnit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the Railroad. Other Requirements F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or teased property or property under its case, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the certificate of insurance. H. All pobcy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. • I. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. J. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A and Class VU or better, and authorized to do business in the state(s) in which the service is to be provided. K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s))broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor's insurance coverage will be primary. L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. • HADATATavorrtesTublic Road Crossing Agree nents\2015-70 Duck Page 2 Haven Ltd near Millican, TX - Drake Dr.doc VOL, a, - Exhibit B-1 0 EXHIBIT C Estimate of Material and Force Account Work r"~ DATE: 2001-07-11 • ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: INSTALL CWT CIRCUITRY, LED FL SIG. W/ISLAND GATES AND SIMMMEOUS PRE- EMPTION IN NEW CABIN AT DRAKE DRIVE IN MILLICAN, TX. M.P. 63.42 SIGNAL PROJECT MANAGER: RONNY CLARKSON 867-7261 RAILROAD TO PERFORM ALL WORK/COST DISTRIBUTED AS FOLLOWS: SIGNAL - BRAZOS COUNTY - 1008 RECOLLECTIBLE PID: 39688 AWO: 02606 MP,SUBDIV: 63.42, NAVASOTA SERVICE UNIT: 09 CITY: MILLICAN STATE: T% DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 2151 2151 2151 LABOR ADDITIVE 4341 4341 4341 RECOLL-INSPE 2237 2237 2237 SIG-HWY XNG 1478 1478 1478 • TOTAL ENGINEERING 10207 SIGNAL WORK 10207 10207 BILL PREP 900 900 900 CONTRACT 7354 7354 7354 EARTH FILL/ROCK 500 500 500 EQUIPMENT RENTAL 3500 3500 3500 FOREIGN LINE FREIGHT 1470 1470 1470 LABOR ADDITIVE 21891 21891 21891 MAIL STORE EXPENSE 3677 3677 3677 PERSONAL EXPENSES 10710 10710 10710 SIGNAL 28683 73543 102226 102226 TRANSPORTATION CHARGES 3070 3070 3070 USAGE EQUIPMENT 5440 5440 5440 WZ TRAFFIC CONTROL 5738 5738 5738 - TOTAL SIGNAL 51474 115002 166476 166476 - LABOR/MATERIAL EXPENSE 61681 115002 RECOLLECTIBLE/UPRR EXPENSE 176683 0 ESTIMATED PROJECT COST 176683 EXISTING RRUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSBABLE MATERIAL CREDIT 0 • RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJ ECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DEMME IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION OUSTS AT THE CURRENT EFFECTIVE RATE. 93 40 DATE: 2001-07-10 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: MP 63.42 NAVASOTA SUB NEAR MILLICAN, TEXAS INSTALL ONE NEW 80-TF 133-LB CONCRETE CROSSING SURFACE INCLUDING tIF37 RAIL, TIES, d OM REPLACING EXISTING 16-KF TIMBER CROSSING. UNLOAD 6 PLACE ONE CARLOAD OF BALLAST. SURFACE 6 LINE TRACK. ALL UPRR WORK AT 1009 COST OF SMILING MALLARD DEVELOPMENT, LTD. PID: 39692 AWO: 02607 MP,SUBDIV: 63.53, NAVASOTA SERVICE UNIT: 09 CITY: DRAKE DRIVE STATE: TX DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 2330 - 2330 2330 TOTAL ENGINEERING - - 2330 - 2330 2330 SIGNAL WORK LABOR ADDITIVE 112 112 112 HATL STORE EXPENSE 5 5 5 SALES TAX 4 4 4 SIGNAL 152 110 262 262 TOTAL SIGNAL 264 119 - 383 383 TRACK & SURFACE WORK BALAST 1.00 CL 523 523 523 CONTRACT 8000 8000 8000 FIELD WELD 47 47 47 FOREIGN LINE FREIGHT 255 255 255 HOME LINE FREIGHT 900 900 900 LABOR ADDITIVE 12175 12175 12175 MATL STORE EXPENSE 477 477 477 OTM 1280 1302 2582 2582 RAIL 240.00 LF 1732 2059 3791 3791 RDXING 80.00 TF 7536 12656 20192 20192 SALES TAY. 823 823 823 TRK-SURF,LIN 1804 1804 1804 WELD 1527 649 2176 2176 ZTIE 84.00 EA 10709 3432 14141 14141 TOTAL TRACK & SURFACE 36810 31076 - - 67886 67886 LABOR/MATERIAL EXPENSE 39404 31195 RECOLLECTIBLE/UPRR EXPENSE 70599 0 ESTIMATED PROJECT COST 70599 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. I I I I I I 1 I I , I 1 I 1 I I 1 1 I I I I I bi I I a • 1 1 I 1 1 I 1 I I 1 I 1 1 I 1 1 1 1 I 1 1 1 1 I 1 I 1 1 I EXHIBIT D Contractor's Right of Entry Agreement ~J UNION' 7ACIF IC August 16, 2002 Folder No. 2015-70 To the Contractor: Before Union Pacific Railroad can permit you to perform work on its property for the construction of the new Drake Drive at-grade public road crossing, it will be necessary to complete two originals of the enclosed Right of Entry Agreement as • follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement If a corporation, give the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Retum all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B-1, in the attached, self-addressed envelope. 5. Check made payable to the Union Pacific Railroad Company in the amount of $500.00. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 13-6400825 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. After approval of the Right of Entry Agreement and insurance certificate, one fully executed counterpart of the agreement will be returned to you. In no event should you begin work until you have received your counterpart of the fully executed agreement • Under Exhibit B-1 of the enclosed Contractor's Right of Entry, you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this project As a service to you, Union Pacific is making this coverage available to you. If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Ms. Nancy Savage at (402) 271- 2215. If you have any questions concerning the agreement, please contact me at (402) 997-3620. Have a safe day! Sincerely, PAUL G. FARRELL MANAGER CONTRACTS Real Estate UNION PACIFIC RAILROAD 1800 Farnam Street, Omaha, NE 68102 U. (402) 997-3601 r 0 t-onvaccora eugnt or Entry - u n-Jwu l Form Approved - AVP Law CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Folder No.: 2015-70 THIS AGREEMENT is made and entered into as of the day of , 2001 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (the 'Railroad"); and (State of Incorporatron) RECITALS: (Name of Contractor) corporation (the "Contractor"). Contractor has been hired by (the) Duck Haven, Ltd to perform work relating to the construction of the new Drake Drive at grade public road crossing(the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of , which work is the subject of a contract dated between Railroad and Duck Haven, Ltd. Contractor has requested Railroad to permit it to perform the work on the portion of Railroad's property shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contactor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B, C AND D. The terms and conditions contained in Exhibit A, Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. 2015-70 Developer near Millican, TX Page 1 August 16, 2002 Drake Drive `u iua..wi s xugn[ of entry - vu-iwvi Folder No.: 2015-70 • Form Approved - AVP Law B. The Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): Glen Schaefer Mgr Track Maintenance Union Pacific Railroad Co Rt 1 Box 749-P Hearn TX 77859 Phone: 281-986-4647 Facsimile: 281-986-4667 C. The Contractor, at its own expense, shall adequately police and supervise all work to be performed by the Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of the Contractor for safe conduct and adequate policing and supervision of the Contractor's work shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications involving the work, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad Representative, or by compliance by the Contractor with any requests or recommendations made by the Railroad Representative. • ARTICLE 5 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE. A. Before commencmg any work, Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit C of this agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be directed to: Union Pacific Railroad Company 1800 Farnam Street Omaha NE 68102 Attn.: Director Contracts Folder No.: 2015-70 • ARTICLE 7 - DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad property. ARTICLE 8 - ADMINISTRATIVE FEE. Contractor shall pay to Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. 2015-70 Developer near Millican, TX Page 2 August 16, 2002 Drake Drive 0 ~ e .~atyw va u~u~ - un~wua Form Approved -AVP Law ARTICLE 9 - CROSSINGS. roader No.: LUIS-/U No additional vehicatar crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Manager Contracts WITNESS: By- Title- (Name of Contractor) 2015-70 Developer near Millican, TX Page 3 August 16, 2002 Drake Drive a3S it? 6 P qo E • • l LOCATION OF NEW AT-GRADE 'Auk W- -B PUBLIC ROAD CROSSING I CONSTRUCTION PROJECT T 4, VA0 4~~ ~ 1111 _ ~ r~'~ ~~t - IFT AP/ 10 63.42 - Navosota Subdivision pf Drake Dnve DOT #920472L New At-Grade Public Road 2, ft Construction Project MRS - ;rd a f JC. - I Q4y. ~iwN 1 AL498aT1pr. rwrAArIIfA To Havasata RAILROAD WORK TO BE PERFORMED: EXHIBIT "X I UNION PACIFIC RAILROAD COMPANY 1. Install one new 80 track feet of 133-1b concrete crossing, including new rail, ties & OTM replacing existing 16 track feet NAVASOTA SUBDIVISION of timber crossing. MILE POST 63.42 2. Unload & place one carload of ballast. CAPS: N 30° MILLICAN, 30B.06565'', , W W 96° CO., 16.97.978' 3. Surface & line track. 4. Install CWT circuitry, LID Flashing signal with island gates and Illustrative print showing location of a new at-grade public road simultaneous preemption in new cabin. crossing construction project with DUCK HAVEN LTD and BRAZOS COUNTY. Folder No. 2015-70 Date: August 16, 2002 WARNING IN ALL OCCASIONS. UP COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1{800)3369193 • wow 44 - to IU.4. &-%D //JV/V L Form Approved, AVP-Law EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING. A. The Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within thirty (30) days after presentation of a bill. B. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work, even though the Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. 11 five (5)-days notice of cessation is not given, the Contractor will still be required to pay flagging charges for the five (5Way notice period required by union agreement to be given to the employee, even though flagging is not required for than period. An additional ten (10) days notice must then be given to the Railroad if flagging service are needed again after such five day cessation notice has been given Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wpelnes, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Contractor or to any other party for compensation or damages. B The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the some, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS A The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of the Railroad, including without limitation, the operations of the Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by the Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's H.WATA~ avodle bM,cRoodG]osdngAgreeme ,,=15-70 Page i Ud near ExhibitB Duck Plover MI9can fl(• Dnalce Dr.doe va; .3,5 p ,n R mss- s~=,WMWW~ iNV/V l • Form Approved AVP-Law machinery and materials shall be kept at least fifty (50) feet from the centerline of the Railroad's nearest track, and there shall be no vehicuktr crossings of Railroads tracks except at existing open public crossings. B. ' Operations of the Rcdlroad and work performed by the Railroad personnel and delays in the work to be performed by the Contractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the Railroad shall have no lied: ~ ty to Contractor, its subcontractors or any other person or entity for any such delays. The Caritractor shall coordinate its activities wiz h those of the Railroad and third parties so as to avoid interference with railroad operations. The safe operation of the Railroad takes precedence over any work to be performed by the Contractor. Section 4. LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmeds liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed- The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed or materials furnished. If the Contractor fails to promptly cause any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and • profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications companyGes) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for arty claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. • A Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by the Contractor. The Contractor shall be responsible for initiating, maintaining and supervising all safety, operations cmd programs in connection with the work. The Contractor shall at a minimum comply with the Railroad's safety standards listed in Exhibit D, hereto attached to ensure uniformity with the safety standards followed by the Railroad's own forces. As a part of the Contractor's safety responsibilities, the Contractor shall notify the Railroad 9 the Contractor determines that any of the Railroad's safety standards are contrary to good safety practices. The Contractor shall furnish copies of Exhibit D to each of its employees before they enter on the job site. B. Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U S. Occupational Safety and Health Administration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of the Railroad and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. H'.1D Hwe wdme Pcaal Cmutmg d=onb1201S70 page Zp~ Exhibit B Duet t Hawn lid now ~ Mil Miluc~, Tx - Dmk Ikaka Dr Dr me a y (,J~3 0 b I LJIL //oU/Vl Form Approved AVP-Law D. If and when requested by the Railroad the Contractor shall deliver to the Railroad a copy of the Contractor's safety plan , for conducting the work (the "Safety Plan). Railroad shall have the right, but not the obligation, to require the Contractor to correct arry deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A To the extent not prohibited by applicable statute, the Contractor shall indemnify, defend and hold harmless the Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties') from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorneys, consultants and expert's fees, and court costs), fine or penalty (collectively, 'Loss') incurred by any person (including, without limitation, any Indemnified Party, the Contractor, or any employee of the Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by the Contractor, or (ii) any act or omission of the Contractor, its officers, agents or employees, or (W any breach of this agreement by the Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party, as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. The Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by the Contractor's own employees. The Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to arty worker's compensation act or the Federal Employers' Liability Act against a party to this agreement may be relied upon or used by the Contractor in any attempt to assert liability against the Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by the Contractor or the termination or expiration of this agreement. In no event shall this Section 8 or any other provision of this agreement be deemed to limit any liability the Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the some condition as the same were in before such fence was taken down or such other property was moved or disturbed. The Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAVER OF DEFAULT. Waiver by the Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by the Contractor and the Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between the Contractor and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by the Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad The Contractor shall be responsible for the acts and omissions of all subcontractors, and shall require all subcontractors to maintain the insurance coverage required to be maintained by the Contractor as provided in this agreement, and to indemnity the Contractor and the Railroad to the same extent as the Railroad is indemnified by the Contractor under this agreement. H.1MTA1Fwwlta"W,b11e Remd Cro"~ngAgreanents\201570 r ud ~ A1>t11em6 TR - Drota doe Page 3 Exhibit B w•_ r i- 35 - 1Vi a lllyluvl rJ1UY ZJCt•, V/1JUN1 Form Approved - AVP Law • E=rr C TO CONTRACTOR'S RIGHT OF ENTRY AGRE$MENT Union Pacific Railroad Comparry Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the fall owing insurance coverage: , A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) • Products and completed operations • The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." , • The exclusions for railroads (except where the Job site is more than fifty feet (501) from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed • Coverage for Contractor's (and Railroad's) employees shall not be excluded • Waiver of subrogation B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence or claim, including but not limited to coverage for the following: Bodily injury and property damage Any and all motor vehicles including owned, hired and non-awned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • 'For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (59) from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Empllovers Liability insurance including but not limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund Contractor shall comply with the laws of such states. If Contractor is self-insured evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Cuter Continental H 10ATA1FavodWWAzb1W Read Cradng A 4r® 1.=15.70 Page 1 of 2 Exhibit C Duck Haven Gd Haar MW... TX. Drak• Dr.doe 11 wau. u...ax oil uyua V1 LAMY L.M., VrNV/Vl Form Approved - AVP Law Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. Railroad Protective lability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to property" (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the Railroad. Other Requirements F. Punitive damage exclusion must be deleted which deletion shall be indicated on the certificate of insurance. G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. All wcdvers of subrogation shall be indicated on the certificate of insurance. H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as an additional insured Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. 1. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad a certified duplicate original of any required policy shall be furnished. J. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor's insurance coverage will be primary. L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. H TATAWLvodlWAu Road a}mafnp AWeementsUOI S-70 Page 2 of 2 Exhibit C Duet Haven Ud now M U=A TX - Drake Dr doc w.-u LUr a ruyut Ut rnUI rxU U11JU1U1 Form Approved - AVP Law M&MIT D TO CONTRACTOR'S RIGHT OF 1-KM AGREEMENT MINUAW SAFETY REQUHMAENTS The term "employees' as used herein refer to all employees of the Contractor as well as all employees of any subcontractor or agent of the Contractor. I. Clothing A- All employees of the Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, the Contractor's employees must wear: M Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. IL Personal Protective Equipment The Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. 0) Hard had that meets the American National Standard (ANSI) Z89.1- latest revision. Hard hats should be affixed with the contractor's or subcontractor's company logo or name. (ri) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1- latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within. ■ 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection - plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. 11L On Track Safety The Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations - 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: H\DATA\Fa orit*■1W6hc Road Crossing Agre®enLA2015.70 Page 1 of 2 Duck Ha en Ltd near WL-am TX • Drake Dr doc 0 L Exhibit D 0 Form Approved - AVP Law 6) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractors must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. The Contractors will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. N. Equipment A. It is the responsibility of the Contractor to ensure that all equipment is in a safe condition to operate. ff, in the opinion of the Railroad Representative, any of the Contractors equipment is unsafe for use, the Contractor shall remove such equipment from the Railroad's property. In addition, the Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockoutAagout of equipment. Trained in and comply with the applicable operating rules if operating any by-rcdl equipment on-track. Trained in and comply with the applicable air brace rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kft, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimtun of twenty- five (25) feet from any track Before leaving any equipment unattended the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A- The Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. The Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by the Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track' (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. {ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (IV) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. H TTA~F~vontodPuNle Rood Ckoeel,p Agrw ts%201&70 Page 2 of 2 1.5chibft D Duck Haven IJd t>e~ MOllcm~ TX - Dtnke Dr dx _ y, BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Brldcte NUMBER 560010 DATE OF COURT MEETING: September 3. 2002 ITEM: Request from Patterson Petroleum LP to construct a road bore for a 6 5/s" gas gathering pipeline in the right of way of Opersteny Road approximately 1.5 miles south of State Highway 21. Company Check in the amount of $500.00 accompanies this request (deposit to account no. 01-4606501Road & Bridge Pipeline Crossings). Site is • located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the Installation(s) shall be 1) within 3-5' of and parallel to the right-0f--way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnlcal testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: SU I D BY • Richard F. Vance, P.E. County Engineer 0002-079 APPROVED BY: ommissioner William S. Thornton Precinct 2 Approved d/ Denied ❑ by Commissioners' Court Date: Alvin . Jone, Coun Judge ell, -V 0 • ~y _ r ti • :+v cw.,~ ~ ` ^'w.~ • ,'SNR 'r.A~++w`.~,.+~'b~.%".,,~ .r , ,•.~/-4W7J fPAT-TERSON'PETRO'L;EUM- INC. ,4 _ , ' ti . i , •'r r ':~PH, 713-6$1-1381 « 333 N. SAMYHOUSTON PKY:: E,•STE: 350 HOUSTON .,IX, b] a fri ,•~~y`7.r ~:'/~/,~/w'(~1+~~"° ~!'r ' ~,,0~ ^`PAYn:~"'~"ti^ -r ` _ '`.v^,~~r'~rr•~1~~•.•~n~~,,,,41.+~.~4Yx' ( ~x}~°~• L , Mme, - ~,--^*,`v':~.ti.n+,,.~"r • „,:,y^ - • , f,, _ «r . - _ - 1•''`•T,+°t . yw i1.J~Jr `i• ~y1,r fy~ T`'F•.h. ' " . y•a•~,",. ^ ~`r _ y .,ti r . ~ •..r fv ..y1 r ~i~-,4~ •+,L_ +y. _.J { ` w ~ngr P!ea~ e,■cuveaeo gMMnsrr Q■ n~ die uel[o µ ~ - _ . , :a.-1„ ~,•_j"~..,_~- •,~1.~~~.~~OC,~~4Qri~L~~■'L'•L,13Q3b6`~1■':;'L.1,5~.'9•~-~:*. ~~~'•r',.••„~`•.• ~t ~.ri,,,:. if'r;, a ; y, yr r4 may' : rl,,z xr? t?J c 1 r r - n s . `,'r ~ -,'tisr'•~i-~c:~. "i ` mac' 7J,/"4 ffW !Inp , I J ADG-23-02 11-:18AM FROM-PATTERSON-UTI 261-5816006 T-510 P 02/02 F-718 tq Y 1~ u tLr•r+ , ~7 „J'Y•. ,?folio X11 41h: f+tirsi~sT'•~. l.Y „~ywn~C.l~ • ~I.. Vr, ea.~„1CMI1 111 •.)7i ~i Q{~p~ J • ; , "tiff V _ -r =iYQ/TI •~*1 •••.j'•.~ Y~ w ~ • % gym. 3 7 y ~ ~ •1a ~ •L • 'a, elm n / 1 c '756 1 'C a01~00a61•' ~ a~•LP ~ 1 APO SST r D r L- pp / BSS i • d ~ } Pipclino Cressing qe y t I, ~ Defl s2 ~ ~?ds 2~ Pipclhlc . , 1: 01 'lot UBEC F . eoo~ooreC41"C in S ~ ~ c Pipolinc will cross Opersteny Rd approximately 1.5 miles South of Hwy 21. wEasement width is 30'. Patterson Petroleum LP Opersteny Road Crossing Prepared By. Ho smvn August 19, 2002 Brazos County, Texas 0 OPERSTENEY ROAD CROSSING 50' R/W ' R/W I I 1 Opersteny Road n Warning Sign I Warning Sign 2'- 0° Min. 4'- 0" Min. 4' - 0" Min. I Pipeline - 810" 0.280 Wall API 5LX42 i MEASURED WIDTH OF COUNTY ROAD RIGHT OF WAY PROFILE Patterson Petroleum LP Prepared By: HD Smifh Opersteny Road Crossing AWtmt,s. 2= Brazos County, Texas L REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-0F-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 • • FROM: REF: Patterson Petroleum, LP Crossing ? and/or Parallel Installation _ 654 N Sate Houston Pkv E Suite 330 Road: Qp=j-n-ny goaa Hot>str~^, 2-rn6n Precinct Number. 7 Formal notice is hereby given that (applicant) Pat-t,arcrm PM-,-r,iAlTn proposes to place a (type)6 5/8" Gas Gathering pipeline within the right-of-way of (road)- =te Bald in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. I understand and agree: 1. The County Engineer must be notified prior to the beginning of concoction in order that a designated inspector may inspect the actual Installation. 2 That all damage to the roadways and right-of-ways will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4 That Brazos County will in no way be responsible for any damage which may occur to any existing utility fines in the right-of-way. 5 That the line will be constructed and maintained on the County right-of-way in accordance with the Uglily Accommodation Polity which was adopted by the Texas Department of Transportation on May 29,1989. 6. That the line or lines will be constructed no less than forty-eight Inches (48') lower than the lowest part of the drainage or bar ditch and the drainage Is to be considered at least two feet (2') below the center of the roadway. 7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas Department of Transportation dated 1989. 8 That all sites will be barricaded during the construction period. 9. That the normal charge Is $500.00 per crossing and/or $40.00 per rod when paralleling the roadway established by the Commissioners Court on January 28,1985. 10 Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firth: copies of all test results shall be furnished to the office of the Brazos County Engineer. 11. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control Devices for Streets and Highways. published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. Construction of this line will begin on or after the 23xdday of Aug,,-qt! 91110 APPROVED BY COMMISSIONERS' COURT ON: !9- 3.nz Date APPLICANT: „Patterson Petroletmm, LP Alvin-W. Jones County Judge Telephone Number 0 Company Name Haryn"! A tl..; t5. Lg j np ar Company Representative/Title 281-591-1381 Brazos County Purchasing Department 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 Phone (979) 361-4290 Fax (979) 361-4293 MEMORANDUM To: Commissioners Court From: Marcia Mann, Buye* Re: Annual Grease Trap Pumping Contract Date: September 3, 2002 Purchasing requests award of Annual Contract for grease trap pump out and disposal to Carroll Septic Tank Service. Contract term would be 10/01/02 through 09/30/03, with an option to renew for a second year. Tabulation sheet is attached. Please indicate Court approval by signature. Thank you. Cnr^°,~d uv • • • • QUOTE TABULATION Grease Trap Pumping Annual Contract 10/01/02 - 09/30/03 i ~r ~r )IC'. r-A o jkft PUMPING & DISPOSAL OF GREASE TRAPS SIZE CARROLL SEPTIC TANK SERVICE ROTO-ROOTER BRUTUS PLUMBING AA UNIVERSAL VACUUM G&L SEPTIC SERVICE Brazos County Detention Facility 1000 gallon $ 260.00 $ 430.00 $ 359.00 $ 300.00 $ 320.00 Juvenile Justice Center 1750 allono $ 455.00 $ 665.00 $ 589.00 $ 525.00 $ 560.00 Brazos Center 55 gallon $ 57.00 $ 175.00 $ 74.00 $ 100.00 $ 17.60 ITOTALS $ 772.00 $ 1,270.00 $ 1,022.00 $ 925.00 $ 897.60 Vendors Not Responding: Dawson Mechanical Plumbing Braden Septic Service Quality Testing RECOMMEND AWARD TO CARROLL SEPTIC TANK SERVICE 4 Cj - 30- 0 v Brazos County Purchasing Department 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 MEMORANDUM To: Commissioners Court From: Marcia Mann, Buyer Re: Annual Contract for Carpet Cleaning Date: September 3, 2002 Phone (979) 361-4290 Fax (979) 361-4293 Purchasing requests award of Annual Contract for carpet cleaning to Asure Carpet Cleaning. Contract term would be 10/01102 through 09/30/03, with an option to renew for a second year. Tabulation sheet is attached. Please indicate Court approval by signature. Thank you. di7rA&Va • QUOTE TABULATION Carpet Cleaning Annual Contract 10/01/02 - 09/30/03 AREA TO BE CLEANED ESTIMATED SQUARE FOOTAGE STEAMATIC RAINBOW ASURE ROAD & BRIDGE 1020 $ 143.00 $ 122.40 $ 153.00 AG EXTENSION 1625 $ 228.00 $ 195.00 $ 243.75 HEALTH DEPT 4100 $ 492.00 $ 470.00 $ 615.00 BRAZOS CENTER 2500 $ 350.00 $ 300.00 $ 375.00 RODEO ARENA STAGE 215 $ 49.95 $ 40.00 $ 40.00 ADULT PROBATION 9435 $ 1,320.90 $ 1,132.20 $ 1,415.25 I.TJJ.P. 2556 $ 357.84 $ 306.72 $ 383.40 LEGAL AID 644 $ 90.16 $ 77.28 $ 409.50 DETENTION CENTER 2600 $ 338.00 $ 556.80 $ 96.60 TAX OFFICE 6080 $ 851.20 $ 729.60 $ 912.00 MAINT./CONSTABLE 794 $ 111.16 $ 95.28 $ 119.10 JUVENILE DETENTION 2730 $ 382.20 $ 327.60 $ 161.70 PROBATION 1078 $ 150.92 $ 129.36 $ 5,441.60 COURTHOUSE 54416 $ 7,618.24 $ 6,529.92 $ 696.00 TOTALS $ 12,483.57 $ 11,012.16 $ 11,061.90 Low bidder, Rainbow International, does not carry Workges Comp Insurance; therefore, Purchasing recommends award of Annual Contract to Asure Carpet Dyeing & Cleaning FL Vendors Not Responding Boller's Carpet Cleaning Stanley Steemer Heaven's Best Carpet Cleaning C&C Carpet Cleaning Chem-Dry Advanced Carpet Cleaning E OFD Brazos County * Purchasing Department ~O ,VOg of a4A 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 Phone (979) 361-4290 Fax (979) 361-4293 August 21, 2002 MEMO TO: Commissioners Court FROM: Pat H04K RE: Renewal of Janitorial Supplies Bid The Purchasing Department would like to exercise our option to renew Bid # 2002- 008 -JANITORIAL SUPPLIES at the same cost, with Ray Criswell Distributing Company. The term for this contract would be from October 15, 2002 through October 15, 2003. This renewal Bid number will be 2002-060R. I have checked with the various departments that use janitorial supplies and they were all very pleased with Criswell's services. Thank you for your assistance in this matter. v o L. Pte 10 • ~e,SpTE 01a~ Brazos County f. Purchasing Department ~a tio~ of 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 Phone (979) 361-4290 Fax (979) 361-4293 August 12, 2002 • Ray Criswell Dist. Co. Attn: Jeff Clary P.O. Drawer C Bryan, Texas 77805 RE: Renewal of Bid # 2002-008 Dear Jeff, Brazos County appreciates the services provided by Ray Criswell Dist. Co. this past year. We would like to exercise our option to renew Bid # 2002-008, at the same cost and for the term of October 15, 2002 through October 15, 2003. This renewal Bid number will be 2002-060R If this meets with your company's approval, please complete this renewal agreement and return it to as no later than August 16, 2002. We will then issue-your-company a new purchase order effective October 15, 2002. Sincerely, • Pat Howard, Purchasing Agent Attachment 0 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid # 2002-008 in accordance with all terms and conditions previously agreed to and accepted as Bid # 2002-060R. I understand this purchase order will be for the period beginning October 15, 2002 through October 15, 2003. RAY CRISWELL DISTRIBUTING COMPANY - %f - ~V rized Repres n tive BRAZ.OS COUNTY APPROVED: Ah4n W. Jones, Condfy Judge '3S o ;Ld ~-0 2 Date '~F -D3 , d> Date