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HomeMy WebLinkAbout2003-01-14-0900AM-RegularBRAZOS COUNTY BRYAN. TEXAS ti±Gl .Ji:iS 10 0 12~ 2l * i Y CLERK ~c'fN.TEX4S ,DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JANUARY 14, 2003 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 Jones. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 25 3. Payment of Claims. • 4. Personnel Changes of Status. 5. Request by the District Attorney to utilize a training position in the County Judge's budget to temporarily employ a staff person to reconcile the restitution account. 6. Request by the 36151 District Judge for out-of-state travel to attend the National Conference of Special Court Judges in Seattle, Washington, February 6-9, 2003. 7. Appointing a representative of the City of College Station to serve on the Brazos Valley Groundwater Conservation District Board of Directors. 8. Appointing a County Court at Law Judge and a County Commissioner to serve on the Brazos County Bail Bond Board. 9. Accepting the resignations of two members of the Board of Directors of the Brazos County Housing Finance Corporation, the Brazos County Health Facilities Development Corporation and the Brazos County Industrial Development Corporation. 0 Commissioners Court Meeting Agenda January 14, 2003 Page Two 10. Appointing members of the Commissioners Court to serve on Boards, Committees and Corporations and to serve as liaisons to County departments. 11. Approving Lance Platt as a non-paid Deputy Constable for Precinct 3. 12. Corrected Construction and Maintenance Agreements for Bridge Replacement or Rehabilitation Off the State System with Texas Department of Transportation for two bridges on Long Trussel Road and one bridge on Democrat Road. (Action previously taken by Commissioners Court on June 25, 2002.) 13. Membership of the Salary Grievance Committee for the year 2003. 14. Changing the position titles for the current Interim Director and Interim Deputy Director of the Information Technology Department. 15. Request by the Constable, Precinct 1, to retain an existing departmental patrol car after receiving new vehicle. 16. Waiver of the County Judge's signature on requisitions and payment authorizations for indigent health care claims that are received by the Brazos Valley Council of Governments within 95 days of the service date and are held due to determination of eligibility. 17. Applications for Tax Refund for the following: a. Ernest Moore & Victor Randolph, et al b. Ed's Auto Sales C. Lawyer's Title (for Bradley Wayne Ayers) d. Brazos Valley Schools Credit Union (Jeffrey D. Bolich) e. Raymond Parker f. Luis A. Gutierrez and Karen M. Crowder g. Shirley Y. Baker h. Chase Manhattan Mortgage Corporation/Field Services 18025 i. Smithswan Properties j. Linda V. Bird k. Robert B. Pope 1. Kyle G. and R. Renea DeWitt m. Priscilla Chandler 18. Selecting a date and time to conduct evening Commissioners Court meetings. 0.1 Commissioners Court Meeting Agenda January 14, 2003 Page Three 19. Request by the Information Technology Department to expend Judicial Software Project Funds for a "Multiple Charge" enhancement to The Software Group software. 20. Renewing hardware/software support agreements with Southern Computers for the County's Network Firewall. is 21. Blanket Purchase Orders: a. $1,000.00 to Sav-On Office Supply for the County Clerk b. $500.00 to Sav-On Office Supply for the Metropolitan Planning Organization 22. Authorizing the Purchasing Department to advertise for Bid #2003-027 - Seal Coat Project Annual Bid. 23. Request from Verizon to construct buried cable installations in the right-of-way of Carrabba Road and in the public utility easement of Whitetail Run Subdivision. Site is located in Precinct 2. 24. Request from Wellborn Special Utility District to open-cut Live Oak Street to install a 12" water line. Site is located in Precinct 1. 25. Resubmission, for correction, the Replat of Harris Lane Estates, Lots 17 and 18, 152.17 acres. Site is located in Precinct 2. 26. Presentation by representatives of Dean International regarding the high speed rail project. • 27. Announcement of interest items and possible future agenda topics. 28. Call for citizen input and/or concerns. 29. 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) 3614102. 0 COMMISSIONERS' COURT REGULAR MEETING JANUARY 14, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, January 14, 2003, with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, 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 Jones gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered the following Claims as submitted by the County Treasurer for payment: 20038123 through 20038342 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. Vol Lf 0 Page I g Commissioners Court meeting January 14, 2003 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered a request by the District Attorney to utilize a training position in the County Judge's • budget to temporarily employ a staff person to reconcile the restitution account. On motion by the County Judge, seconded by Commissioner, Cauley, the Court voted unanimously to approve the request. The next matter for consideration by the Court was a request submitted by Steve Smith, Judge 361st District Court seeking approval for out of state travel for himself. Judge Smith would be traveling to Seattle, Washington to attend the National Conference of Special Court Judges February 6 through the 9, 2003. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the • request from Judge Smith and approved payment of out of state travel expense for him. The Court next considered appointing a representative of the City of College Station to serve on the Brazos Valley Groundwater Conservation District Board of Directors. On Vol qO Page ~3 0 Commissioners Court meeting January 14, 2003 3 motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to appoint John Woody to serve on the Groundwater Conservation District Board. The Court next considered appointing a County Court at Law Judge and a County Commissioner to serve on the Brazos County Bail Bond Board. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to appoint County Court at Law Judge, Jim Locke and Commissioner Duane Peters to serve on the Brazos County Bail Bond Board. The next matter was the acceptance of the resignations of two members of the Board of Directors of the Brazos County Housing Finance Corporation, the Brazos County Health Facilities Development Corporation and the Brazos County Industrial Development Corporation. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the resignations of Alvin W. Jones and Bill Thornton. The next matter for consideration was the appointment of members of the Commissioners Court to serve on Boards, Committees and Corporations and to serve as liaisons to county departments. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve Vol `f~ Page • Commissioners Court meeting January 14, 2003 4 the attached appointments. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint Lance Platt as an unpaid Reserve Deputy Constable. On motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to approve the request from Constable Thompson to appoint Lance Platt as an unpaid Reserve Deputy Constable • subject to appointment being within the allotted number of deputies. The next matter was approval of the corrected Construction and Maintenance Agreements for Bridge Replacement or Rehabilitation Off the State System with Texas Department of transportation for two bridges on Long Trussel Road and one bridge on Democrat Road. (Action previously taken by commissioners Court on June 25, 2002.) On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the corrected Construction and • Maintenance Agreements for Bridge Replacement or ttached A i . s a copy Rehabilitation Off the State System. The Court next considered membership of the Salary Grievance Committee for the year 2003. Commissioner Cauley moved to pick the membership from the Grand Jury pool rather than from elected officials. Commissioner Mallard seconded Vol 40 Page 15- 0 Commissioners Court meeting January 14, 2003 5 the motion. It carried unanimously. Then on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the following individuals to serve on the Salary Grievance Committee for the year 2003: Robert Wagner Robert Kralich Susie Contreras Gloria Luce Paul Pausley Delores Cooks James Anding Bob Richers Richard Rocha The Court next considered changing the position titles for the current Interim Director and Interim Deputy Director of the Information Technology Department. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to change the position titles to Director and Deputy Director. The next matter before the Court was a request by the Constable, Precinct 1, to retain an existing departmental patrol car after receiving a new vehicle. Commissioner Jones moved to approve the request. Commissioner Peters seconded the motion. Commissioners Jones, Peters, Mallard and Cauley voted "Aye". The County Judge voted "No". The motion carried. The Court next considered a waiver of the County Judge's signature on requisitions and payment authorizations for indigent health care claims that are received by the Vol 'N Page -70 • Commissioners Court meeting January 14, 2003 6 Brazos Valley Council of Governments within 95 days of the service date and are held due to determination of eligibility. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to waive the County Judge's signature on requisitions and payment authorizations for indigent health care claims. The Court next considered applications for tax refund • from the following: a. Ernest Moore & Victor Randolph, et al, over payment 2001, $83.62 b. Ed's Auto Sales, early payment, $472.60 c. Bradley Wayne Ayers, over payment 2002, $6.71 d. Brazos Valley Schools Credit Union (Jeffrey D. Bolich) over payment 2002, $912.29 e. Raymond Parker, over payment 2002 $62.65 f. Luis A. Gutierrez & Karen M. Crowder, over payment 2002, $27.93 g. Shirley Y. Baker, over payment, 2002, $13.59 h. Chase Manhattan Mortgage Corp./Field Services 18025, over payment $15.04 • i. Smithswan Properties, over payment, 2002, $8.36 j. Linda V. Bird, over payment, 2002, $8.11 k. Robert B. Pope, over payment, 2002, $349.42 1. Kyle G & R. Renea Dewitt, double payment 2002, $658.84 m. Priscilla Chandler, over payment, 2002, $15.39 Vol q-U Page T7 n U Commissioners Court meeting January 14, 2003 7 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the applications for tax refund to the previously named individuals or companies. The Court next considered the selection of a date and time to conduct evening Commissioners Court meetings. The County Judge moved to select the 2nd Tuesday of the month at 7:00 p.m. Commissioner Jones seconded the motion. Commissioners Jones, Peters, Cauley and the County Judge voted "Aye". Commissioner Mallard voted "No". The motion carried. The next matter before the Court was a request by the Information Technology Department to expend Judicial Software Project Funds for a "Multiple Charge" enhancement to The Software Group software. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request in the amount of $26,000.00. The Court next considered renewing hardware/software support agreements with Southern Computers for the County's Network Firewall. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to renew the agreements at a cost of $2,082.48. Vol ~f ~ Page 7S • Commissioners Court meeting January 14, 2003 8 The Court next considered approval of the following blanket purchase orders: Sav-On County Clerk $1,000 Sav-On Metro. Plan Off $ 500 • On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bid: a. Bid No. 2003-027, Seal Coat Bid on motion by Commissioner Jones, seconded by Commissioner Peters the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously mentioned bids. The Court next considered the request from Verizon to • construct buried cable installation in the right-of-way of Carrabba Road and in the 20 foot Public Utility Easement along the frontage of Whitetail Run Subdivision. Installation will begin at the Carrabba Road - state Highway 21 intersection and extend for a distance of 6,210 feet. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by Verizon and authorized the installation. A Vold Page 10 Commissioners Court meeting January 14, 2003 9 copy of the request is attached hereto. The Court next considered the request from Wellborn Special Utility District to open cut Live Oak Street, a gravel road, to install a 12 inch water line. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wellborn Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of resubmitting and the Re-plat of Harris Lane Estates, Lots 17 and 18, 152.17 acres in Precinct 2. The Plat correctly designates lots 17 and 18 that was a condition for approval at the Commissioners Court meeting on December 10, 2002. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the resubmission and Re-plat of Harris Lane Estates, Lots 17 and 18, 152.17 acres as submitted. The Court next heard a presentation by Stanford Lynch, representative of Dean International concerning the high-speed rail project. Mr. Lynch invited the Court to attend the City of College Station's Annual Transportation Summit to be held Vol W Page <1 6 Commissioners Court meeting January 14, 2003 10 May 10, 2003. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the Director of the Information Technology department reminded the Court that the computers would be down during the lunch hour. There being no further business to come before the is Court, the meeting was adjourned. is Vol 40 Page TI 40 The foregoing minutes of the Commissioners Court meeting held January 14, 2003 have been examined and are approved in open Court this the /f rk day of 2003, in Bryan, Brazos County, Texas. l~ef7".~.c"~ Randy Sims County Judge Ton on s Commissioner, Precinct 1 1 c~' Duane Peters Kenny Mall d Commissioner, Precinct 2 Commission 64, Precinc 3 Carey Cauley, Jr. Commissioner, Precinct 4 Vol C) Page aren McQueen County Clerk 3 • 0 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ►`t 200 3 AT NAME nR C*AM7. A TTC1N/nPP A R TN/fPN T 46~ , L~/LN/}~ L ~1NB S, 0 Q ~ A/6, " Q clL,~,,,-~_ Cs / 7• V,-~G- R la+ta /lK(~f L) 1/ i W 0 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 ^ AT NAME ORGANIZATION/DEPARTMENT • PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: January 14, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status .■..........a..................e DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED SHERIFF'S OFFICE/JAIL RAMOS, ERNESTO RESIGNATION CONSTABLE, PCT. 1 ORTIZ, MELISSA R. NEW HIR&FULLTIME • Approved in Commissioners' Court: January 14 2 0 • County Judge's or Commissioner's Signature: (This copy to be attached to minutes) 0 COMMISSIONERS COURT BOARD/COMMITTEE ASSIGNMENTS JUDGE SIMS 1. Brazos Valley Council of Governments Board of Directors (BVCOG) 2. Metropolitan Planning Organization Board of Directors (MPO) 3. Brazos County Animal Shelter Board of Directors 4. Bryan/College Station Economic Development Corporation Board of Directors (EDC) 5. Bryan/College Station Chamber of Commerce Board of Directors, Ex Officio 6. Juvenile Board (by statute) 7. City of Bryan T.I.F. #10 (Traditions) 8. Brazos County Exposition Center Committee, Ex Officio 9. Emergency Management, Liaison 10. Health Facilities Corporation 11. Purchasing, Liaison TONY JONES 1. Economic Development Corporation 2. City of College Station T.I.F. #15 (Conference Center Area) 3. Region "G" Water Board 4. TNRCC, Solid Waste Advisory Board 5. Storm Water Program 6. Insurance, Health Plan Committee 7. Maintenance, Liaison 8. Road & Bridge, Liaison 9. Intergovernmental Committee 10. CUC, Urban Policy Committee 11. Health Facilities Corporation 12. Delinquent Tax Collection Attorney Committee 13. Personnel, Liaison DUANE PETERS 1. City of Bryan T.I.F. #8 (Park Hudson) 2. Brazos Valley Council of Governments, Citizens Solid Waste Advisory Committee 3. Bail Bond Board 4. Brazos Valley Sports Foundation 5. Brazos Beautiful Committee 6. Brazos County Exposition Center Committee, Ex Officio 7. Health Facilities Corporation 8. Housing Finance Corporation 9. Industrial Facilities Corporation 10. Brazos Center, Liaison 2,-0~" • KENNY MALLARD 1. City of College Station T.I.F. #1 (Wolf Pen) 2. Intergovernmental Committee 3. Brazos County Health Board 4. 911 Board 5. Brazos County Investment Committee 6. Brazos Valley Council of Governments, Revolving Loan Committee 7. Insurance, Health Plan Committee 8. Risk Management, Liaison 9. Insurance Appeals, Committee, Ex Officio 10. Health Facilities Corporation 11. Housing Finance Corporation 12. Industrial Facilities Corporation is CAREY CAULEY. JR. 1. Information Technology, Liaison 2. Brazos Valley Council of Governments, Citizens Solid Waste Advisory Committee 3. Audit Committee 4. Delinquent Tax Collection Advisory Committee 5. Insurance Committee, Ex Officio 6. Brazos County Community Action Association (BCCAA) 7. Brazos Valley Council of Governments Board of Directors 8. Health Facilities Corporation 9. Housing Finance Corporation 10. Industrial Development Corporation 11. Museum of Natural History Board • rte' ~7 9 AM*- ,Texas Department of Transportation 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (979) 778-2165 September 10, 2002 Honorable Alvin W. Jones Brazos County Judge 300 East 26d` Street, Suite 114 Bryan, Texas 77803-5327 Dear Judge Jones: I have enclosed one fully executed original copy of the amendments to the Construction and Maintenance Agreements for Bridge Replacement or Rehabilitation Off the State System for each of the following participation-waived projects in Brazos County: Amendment No. 2 Project: BR 97(341)OX Control: 0917-29-073 CR 147: At the Navasota River and Relief Nos. 1 and 2 Road: Long Trussel Road Amendment No. 1 Project: BR 97(342)OX Control: 0917-29-074 CR 153: At the Navasota River Relief Road: Democrat Road Please pay particular attention to the requirements listed in Amendment Item F, which adds Article 17, "Responsibilities of the Local Government on Equivalent Match Projects," to the original agreement between the County and the State. You may contact Mr. Bob Richardson, P.E., at 979-778-9763 to discuss these documents. You should contact Ms..Catherine W. Hejl, P.E., Bryan Area Engineer, at 979-778-6233 to discuss the design of these projects. Sincerely, _V/#~ Robert A. Appleton, P.E. Director of Transportation Planning and Development Enclosures fe'L =1 An Equal Opportunity Employer • County CSJ Project Road/Street NBI Structure No. Local Designation No. STATE OF TEXAS § COUNTY OF TRAVIS § • ORIGINAL Brazos 0917-29-074 BR 97 (342)OX CR 153 17-021-OAA0153-001 Democrat Road at the Navasota River Relief CONSTRUCTION AND MAINTENANCE AGREEMENT For Bridge Replacement or Rehabilitation Off the State System AMENDMENT NO. 1 THIS Advance Funding Agreement Amendment (the Amendment) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Brazos County, acting by and through its duly authorized officials, hereinafter called the "Local Government." THIS Amendment relates to waiver of the local match fund participation requirement with performance by the Local Government of an equivalent dollar-amount of structural or safety improvement work. The calculated local match fund participation requirement shall be based solely on the estimate of project costs included in this Amendment. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on March 18, 1997 to effectuate the project to replace the bridge on CR 153, local road designation Democrat Road, at the Navasota River Relief (Str. No. 001); and WHEREAS, the previously executed agreement provides that the Local Government shall pay • the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10% of the actual cost of construction, construction engineering and contingency, or other local match fund participation percentages as adjusted for Economically Disadvantaged County (EDC) consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation; and WHEREAS, in consideration of such EDC status that may be applicable for this project, the required local match fund participation for this project has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order number N/A, dated N/A; and Page 1 - 7 Bridge Division 3-2002-A.1 A 0 WHEREAS, if under the previously executed agreement the required local match fund participation included payment by the Local Government of a portion of the State's indirect costs for the project items that are eligible for State or Federal participation, such payment(s) for indirect cost not already receivedby the State, may be waived under the provisions of Texas Government Code Section 2106.08; and . WHEREAS, Texas Administrative Code, Title 43, Section 15.52(3)(C) provides for the Local Government match fund participation requirement to be based solely on the estimated project direct cost; and WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the Local Government's required 10% fund participation in a project, or required percentage as adjusted for EDC consideration, may be waived provided the Local Governmental body commits by written resolution, attached hereto as Exhibit B, to spend an equivalent amount of funds for structural or safety improvement work on another bridge structure or structures provided, however, that the State will not reimburse funds already received under the terms of a previously executed agreement; and WHEREAS, such a waiver request and resolution has been received and considered by the State, including a finding by the State that the Local Government is in full compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under 23 CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver; and WHEREAS, the previously approved project on which the Local Government's required fund participation is being waived shall be hereinafter referred to as the "participation-waived project" (PWP); provided, however, that the term "project" when used elsewhere in the agreement and this amendment shall be construed as the "participation-waived project" unless the context clearly indicates otherwise; and WHEREAS, the `other" project or projects on which the Local Government proposes to perform structural or safety improvement work in a dollar amount equal to the Local Government fund participation amount waived shall be hereinafter referred to as "equivalent- match projects" (EMPs); and WHEREAS, if one or more advance funding payments have already been received by the State from the Local Government in accordance with the previously executed agreement, including payment for any of the State's indirect costs for the project items that are eligible for State or Federal participation, and, while no portion of these payments can be reimbursed to the Local Government, such payments should be credited against the dollar-amount of the equivalent- match project (EMT) work required to be performed by the Local Government under this agreement amendment. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows. Page 2 - 7 Bridge Division 3-2002-A.lA 6 AGREEMENT Article 1. Description of Amendment Items Amendment Item A. - The second preamble paragraph under Agreement Article 4, Project Funding, is revised to read as follows: "However, the project being designated as a "participation-waived project", the Local Government's otherwise required 10% fund participation or required percentage as adjusted for EDC consideration, and less any local match fund participation to be paid or already paid to the State, is waived as further described in Article 16 herein. The Local Government shall pay the State 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation, and/or any changes in work made at the request of the Local Government." • Amendment Item B. - In Agreement Article 4, Project Funding, the sub-articles relating to preliminary engineering costs, payments, and estimate of project cost are each amended to read as follows. `Preliminar}_Engineering Costs - The State will document its costs incurred for preliminary engineering with completion of an estimate of total project cost preparatory to letting to contract construction, and, if appropriate, shall notify the Local Government of its share of these costs when submitting notice pursuant to Article 4(D) and/or 4(E). Payments - If appropriate, forty-five calendar days prior to the State's scheduled date for the contract letting of the participation-waived project, the Local Government agrees to pay to the State an amount equal to the Local Government's agreed upon participation in the project. The Local Government shall promptly and faithfully provide payment of any funds required of the Local Government. The State will not pay interest on the funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the state treasury. • Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in Exhibit A of this agreement amendment, which supersedes all previous estimates. Under 43TAC§15.55(d), the calculated local match fund participation requirement shall be based solely on this estimate." Amendment Item C. - The caption-title of Agreement Article 5, Project Administration and Accomplishment of Work, is amended to read as follows: "Article 5. Project Administration and Accomplishment of Work on the Participation- Waived Project." Page 3 - 7 Bridge Division 3-2002-A. 1A oil 40 Amendment Item D. - Agreement Article 5F is added which reads as follows: "Receive and keep on-file documentation of the work completed on the equivalent-match projects as described in Article 17C herein." Amendment Item E. - Article 16, Equivalent-Match Project(s), is added which reads as follows: "Article 16. Equivalent-Match Project(s) In consideration of waiver of the Local Government's otherwise required 10% fund participation on the participation-waived project or required percentage as adjusted for EDC consideration, the Local Government shall perform an equal dollar-amount of or safety improvement work, less any local match fund participation on this project to be paid or already paid to the State, on other deficient bridges or non-bridge classified drainage structures, referred to as equivalent-match project(s), as follows:" List of District Engineer Approved Equivalent-Match Project(s) (EMP) for Participation-Waived Project (PWP) Location (and structure identification number, if applicable)_ On School Bus Route? Yes/No Historic Bridge? (Yes/No Description of Structural or Safety Improvement Work Estimated Cost At Big efee Fes- IN& With a Now sk%wtufe $•,,362- CR 106 (Alexander Road) At Wickson Creek Tributary NBI No. 17-021-0AA0106-002 Yes No Replace Existing Bridge With a New Structure $ 75,760 Total ¢ 7. 5, 6 0 EMP work credited to this PWP (See Note $ 17,135 Balance of EMP work credited to associated PWP(s) 6 a s Associated PWP(s) Control-Section-Job (CSI) Amount to be Credited to Associated PWP (s) 0917-29-073 $-65 ,98 X,c P. 5 Note This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Exhibit A. Amendment Item F. - Article 17, Responsibilities of the Local Government on Equivalent-Match Projects, is added which reads as follows: "Article 17. Responsibilities of the Local Government on Equivalent-Match Projects A. The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements for the bridge structures. If requested, the State may provide assistance in these areas, as may be appropriate in order to facilitate the Page 4 - 7 Bridge Division 3-2002-A.IA ~oz • completion of the equivalent-match project(s), utilizing the existing resources of the department. B. The structural or safety improvement work on the equivalent-match projects shall be performed within three calendar years after the contract award of the participation-waived project. C. Documentation of completion of the structural or safety improvement work on the equivalent-match project(s) shall be provided by the Local Government by letter to the State's applicable District Engineer, no later than 30 calendar days after work completion. This documentation shall include copies of the final structural design plans used in constructing or reconstructing bridges under the equivalent-match project(s). • D. Failure by the Local Government to adequately complete the equivalent-match projects within the stated three-year period, shall result in the Local Government being excluded from receiving such waivers for a minimum of five years." Amendment Item G. - Article 18, Notices, is added which reads as follows and which supercedes all previous provisions for notices: "Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Lonny G. Traweek, P.E. Bryan District Engineer 1300 North Texas Avenue Bryan, Texas 77803-2760 • Local Government: Honorable Alvin W. Jones Brazos County Judge 300 East 26'h Street, Suite 114 Bryan, Texas 77803-5327 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party." Article 2. All other provisions of the original agreement are unchanged and remain in full force and effect. Page 5 - 7 Bridge Division 7 3-2002-A.lA 0 Article 3. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. Page 6 - 7 Bridge Division 3-2002-A.1 A • • IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT ~ By: 6G...~ ~ / Signature Alvin W. Jones Printed Name of Signatory Title: Brazos County Judge Date: -7 -'Z4 - U Z THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. au- *JL By: Mary Lo ls, P.E. Director, Bridge Division Date: 8 - z 7--o2 Page 7 - 7 -m•~-~4„~eAD~ ~ ' r L Bridge Division 3-2002-A.1A 40 County CSJ Project Road/Street NBI Structure No. Local Designation No. Date of Agreement Amendment Execution By Local Government EXI ESTIMATE OF Brazos 0917-29-074 BR 97 (342)OX CR 153 17-021-OAA0153-001 Democrat Road at the Navasota River Relief 26 a Z IT A DIRECT COSTS (NOTE: This estimate supersedes any and all those that may have been provided previously.) Local Government Estimated Cost Participation Preliminary Engineering (PE) Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction Engineering and Contingency (E&C) The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid by Local Government * Amount of Advance Funds to be Paid by Local Government * Balance of Local Government Participation to be Waived Total Project Direct Cost (1+2) (1) $ 46,000 $ 240,000 $ 26,400 (2) $ 266,400 (3) $ 4,600 (4) $ 26,640 (5) ($3,055) (6) 11,050) $ 312,400 (3+4-5-6) $ 17,135 Amount of EMP Work Credited to this PWP as Shown in Amendment Item E. $ 17,135 * Credited Against Local Government Participation Bridge Division 3-2002-A.1 A I ~J EXHIBIT B RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT • Bridge Division 140 3-2002-A.1 A 40 BRAZOS COUNTY BRYAN. TEXAS RESOLUTION WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, Brazos County, hereinafter referred to as the Local Government, owns bridges located and identified as shown on Page 4 of this Resolution; and WHEREAS, projects to remedy these bridges are included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 108653 dated September 27, 2001; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal off-system bridge projects is $105,510, hereinafter referred to as the "participation-waived" projects, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation- waived) projects not yet awarded: 4d ~ . y qS LOCATION ON SCHOOL DESCRIPTION OF BUS ROUTE? STRUCTURAL IMPROVEMENT WORK ESTIMATED COST CR 246 (White Switch Road) Yes At Big Creek 17-021-0AA0246-001 CR 106 (Alexander Road) Yes At Wickson Creek Tributary 17-021-0AA0106-002 Replace Existing Bridge $ 7,362* With A New Structure Replace Existing Bridge $ 75,760 With A New Structure Total Estimated Cost of Equivalent-Match Project $83,122 * Previously approved Equivalent-Match Project. $48,225 has been applied to CSJ 0917-29-075 and • $35,813 has been applied to CSJ 0917-29-077. Participation Received, Check No. 1022986 & 6033050 $ 11,338 Total Local Government Participation $ 94,460 Estimated Local Government Participation $ 105,510 Total Remaining Local Government Participation $ 11,050 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. Page 2 of 4 0 ac &_Q11~4q ~.-PAR &C=~_ 0 5. The Local Government will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent- match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. PASSED, APPROVED AND ADOPTED by the COMMISSIONERS COURT OF BRAZOS COUNTY on this the _ L&Day of 20-daL Alvin W. Jones County Judge, Brazos County Attest: Count i Cle k, razo~ Co y I~,c~t C~ Page 3 of 4 PARTICIPATION-WAIVED PROJECTS BRAZOS COUNTY PROJECTS PARTICIPATION BY BRAZOS COUNTY Project: BR 97(341)OX $ 74,270 Control: 0917-29-073 CR 147: At the Navasota R. and Rel. Nos. 1 and 2 - Road: Long Trussel Road NBI: 17-021-OAA0147-001, 002 and 003 Project: Control: • 1 : Road: NBI: Total Esi BR 97(342)OX $ 31,240 0917-29-074 At the Navasota River Relief Democrat Road 17-021-OAA0153-001 imated Participation $105,510 The Participation by Brazos County shown above is based upon the latest estimated construction cost for these projects plus the preliminary engineering costs shown in the consultant work authorization and the estimated cost of the State's oversight of this design. These amounts do not reflect the money previously paid by Brazos County for its 10 percent participation in the cost of preliminary engineering nor does it include previously approved equivalent-match participation. • Page 4 of 4 t T c Lf o r rtL 1 V I ORIGINAL County CSJ Project Road/Street NBI Structure No. Local Designation No. Brazos 0917-29-073 BR 97 (34DOX CR 147 17-021-OAA0147-001, -002 & -003 Long Trussel Road at the Navasota River Relief No. 1, No. 2 and Navasota River STATE OF TEXAS § COUNTY OF TRAVIS § CONSTRUCTION AND MAINTENANCE AGREEMENT For Bridee Replacement or Rehabilitation Off the State System AMENDMENT NO. 2 THIS Advance Funding Agreement Amendment (the Amendment) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Brazos County, acting by and through its duly authorized officials, hereinafter called the "Local Government." THIS Amendment relates to waiver of the local match fund participation requirement with performance by the Local Government of an equivalent dollar-amount of structural or safety improvement work. The calculated local match fund participation requirement shall be based solely on the estimate of project costs included in this Amendment. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on March 18, 1997 to effectuate the project to replace the bridge on CR 147, local road designation Long Trussel Road, at the Navasota River Relief No. 1 (Str. No. 001) and a second agreement on January 25, 2000 to effectuate the project to replace the bridges on CR 147 at the Navasota River Relief No. 2 (Str. No. 002) and the Navasota River (Str. No. 003). The State and the Local Government subsequently executed Amendment No. 1 to these agreements on July 23, 2001; and WHEREAS, the previously executed agreement provides that the Local Government shall pay the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10% of the actual cost of construction, construction engineering and contingency, or other local match fund participation percentages as adjusted for Economically Disadvantaged County (EDC) consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation; and ,Wt,,~o Via. 1 D2 Page 1 - 7 Bridge Division 3-2002-A.1 A • WHEREAS, in consideration of such EDC status that may be applicable for this project, the' required local match fund participation for this project has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order number N/A, dated N/A; and WHEREAS, if under the previously executed agreement the required local match fund participation included payment by the Local Government of a portion of the State's indirect costs for the project items that are eligible for State or Federal participation, such payment(s) for indirect cost not already received by the State, may be waived under the provisions of Texas Government Code Section 2106.08; and WHEREAS, Texas Administrative Code, Title 43, Section 15.52(3)(C) provides for the Local Government match fund participation requirement to be based solely on the estimated project direct cost; and WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the • Local Government's required 10% fund participation in a project, or required percentage as adjusted for EDC consideration, may be waived provided the Local Governmental body commits by written resolution, attached hereto as Exhibit B, to spend an equivalent amount of funds for structural or safety improvement work on another bridge structure or structures provided, however, that the State will not reimburse funds already received under the terms of a previously executed agreement; and WHEREAS, such a waiver request and resolution has been received and considered by the State, including a finding by the State that the Local Government is in full compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under 23 CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver; and WHEREAS, the previously approved project on which the Local Government's required fund participation is being waived shall be hereinafter referred to as the "participation-waived project" (PWP); provided, however, that the term "project" when used elsewhere in the agreement and this amendment shall be construed as the "participation-waived project" unless the context clearly indicates otherwise; and WHEREAS, the "other" project or projects on which the Local Government proposes to • perform structural or safety improvement work in a dollar amount equal to the Local Government fund participation amount waived shall be hereinafter referred to as "equivalent- match projects" (EMPs); and WHEREAS, if one or more advance funding payments have already been received by the State from the Local Government in accordance with the previously executed agreement, including payment for any of the State's indirect costs for the project items that are eligible for State or Federal participation, and, while no portion of these payments can be reimbursed to the Local Government, such payments should be credited against the dollar-amount of the equivalent- match project (EMP) work required to be performed by the Local Government under this agreement amendment. Page 2 - 7 Bridge Division . 3 3-2002-A.IA 14-0 • NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows. AGREEMENT Article 1. Description of Amendment Items Amendment Item A. - The second preamble paragraph under Agreement Article 4, Project Funding, is revised to read as follows: "However, the project being designated as a "participation-waived project", the Local Government's otherwise required 10% fund participation or required percentage as adjusted for EDC consideration, and less any local match fund participation to be paid or already paid to the State, is waived as further described in Article 16 herein. The Local Government shall pay the State 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation, and/or any changes in work made at the request of the Local Government." Amendment Item B. - In Agreement Article 4, Project Funding, the sub-articles relating to preliminary engineering costs, payments, and estimate of project cost are each amended to read as follows: "Preliminary Engineering Costs - The State will document its costs incurred for preliminary engineering with completion of an estimate of total project cost preparatory to letting to contract construction, and, if appropriate, shall notify the Local Government of its share of these costs when submitting notice pursuant to Article 4(D) and/or 4(E). Pgyments - If appropriate, forty-five calendar days prior to the State's scheduled date for the contract letting of the participation-waived project, the Local Government agrees to pay to the State an amount equal to the Local Government's agreed upon participation in the project. The Local Government shall promptly and faithfully provide payment of any funds required of the Local Government. The State will not pay interest on the funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the state treasury. Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in Exhibit A of this agreement amendment, which supersedes all previous estimates. Under 43TAC§ 15.55(d), the calculated local match fund participation requirement shall be based solely on this estimate." Amendment Item C. - The caption-title of Agreement Article 5, Project Administration and Accomplishment of Work, is amended to read as follows: Page 3 - 7 Bridge Division 3-2002-A.1 A r_I L_J "Article 5. Project Administration and Accomplishment of Work on the Participation- Waived Project." Amendment Item D. - Agreement Article 5F is added which reads as follows: "Receive and keep on-file documentation of the work completed on the equivalent-match projects as described in Article 17C herein." Amendment Item E. - Article 16, Equivalent-Match Project(s), is added which reads as follows: "Article 16. Equivalent-Match Project(s) In consideration of waiver of the Local Government's otherwise required 10% fund participation on the participation-waived project or required percentage as adjusted for EDC consideration, the Local Government shall perform an equal dollar-amount of or safety improvement work, less any local match fund participation on this project to be paid . or already paid to the State, on other deficient bridges or non-bridge classified drainage structures, referred to as equivalent-match project(s), as follows:" List of District Engineer Approved Equivalent-Match Project(s) (EMP) for Participation-Waived Project (PWP) • Location (and structure On School Historic Description of Structural or Estimated identification number, if Bus Route? Bridge? Safety Improvement Work Cost a licable (Yes/No (Yes/No A+Birereek use- -N& 44,362 - ,DM i NA 1; 921 n A k9246=09 1 CR 106 (Alexander Road) Replace Existing Bridge At Wickson Creek Tributary Yes No With a New Structure $ 75,760 NBI No. 17-021-OAA0106-002 Total 757 6 O EW work credited to this PWP (See Note 4 65,96:7 Balance of EMP work credited to associated PWP(s) $ 17,135 Associated PWP(s) Control-Section-Job (CSJ) Amount to be Credited to Associated PWP (s) 0917-29-074 $ 17,135 Note This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Exhibit A. Amendment Item F. - Article 17, Responsibilities of the Local Government on Equivalent-Match Projects, is added which reads as follows: "Article 17. Responsibilities of the Local Government on Equivalent-Match Projects Page 4 - 7 Bridge Division 3-2002-A.1A s 8- z7-oz is A. The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements for the bridge structures. If requested, the State may provide assistance in these areas, as may be appropriate in order to facilitate the completion of the equivalent-match project(s), utilizing the existing resources of the department. B. The structural or safety improvement work on the equivalent-match projects shall be performed within three calendar years after the contract award of the participation-waived project. C. Documentation of completion of the structural or safety improvement work on the equivalent-match project(s) shall be provided by the Local Government by letter to the State's applicable District Engineer, no later than 30 calendar days after work completion. This documentation shall include copies of the final structural design plans used in constructing or reconstructing bridges under the equivalent-match project(s). D. Failure by the Local Government to adequately complete the equivalent-match projects within the stated three-year period, shall result in the Local Government being excluded from receiving such waivers for a minimum of five years." Amendment Item G. - Article 18, Notices, is added which reads as follows and which supercedes all previous provisions for notices: "Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Lonny G. Traweek, P.E. Bryan District Engineer 1300 North Texas Avenue Bryan, Texas 77803-2760 Local Government: Honorable Alvin W. Jones Brazos County Judge 300 East 26`s Street, Suite 114 Bryan, Texas 77803-5327 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party." Page 5 - 7 Bridge Division 3-2002-A.1 A Q 10 { 1 Q L2 • Article 2. All other provisions of the original agreement are unchanged and remain in full force and effect. Article 3. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. • • Page 6 - 7 Bridge Division 3-2002-A. 1A r rf A., i • IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: signature Alvin W. Jones Printed Name of Signatory Title: Brazos County Judge Date: ov THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By. "0,.O-q do- JUL Mary Lou ReAls, P.E. Director, Bridge Division Date: 8 -'Z 7.-0 2 Page 7 - 7 Bridge Division 3-2002-A.lA 40 A la - i (NOTE: This estimate supersedes any and all those that may have been provided previously.) Date of Agreement Amendment Execution By Local Government Zoo 2 EXHIBIT A ESTIMATE OF DIRECT COSTS 0 Brazos 0917-29-073 BR 97 (341)OX CR 147 17-02 1-OAAO 147-001, -002 & -003 Long Trussel Road at the Navasota River Relief No. 1, No. 2 and Navasota River Estimated Cost Preliminary Engineering (PE) (1) $ 102,231 Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation (3) $ 10,223 Construction $ 577,000 Engineering and Contingency (E&C) $ 63,470 The Sum of Construction and E&C (2) $ 640,470 Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid by Local Government Preulous/ Ap roved EHP work 7o be Amount of Ad"nee Paid}- Perrormed Gy Local Government 4'ir Balance of Local Government Participation to be waived Total Project Direct Cost z Amount of EM? Work Credited to this xs-s- 6 0l- s PWP as Shown in Amendment Item E. 445-1967- County CSJ Project Road/Street NBI Structure No. Local Designation No. (1+2) $ 742,701 Local Government Participation (4) $ 64,047 (5) 8,283) (6) (3+4-5-6) $-65,989- ~5'S', fo 2 S * Credited Against Local Government Participation E-MP work was OfFroued by Amendment1Vo l e'xeGvled on July 251200/. Bridge Division 3-2002-A.lA 1 9 0 ,AO*,, EXHIBIT B RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT F Aw~, Bridge Division 3-2002-A. I A r BRAZOS COUNTY BRYAN, TEXAS RESOLUTION WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS Brazos County, hereinafter referred to as the Local Government, owns bridges located and identified as shown on Page 4 of this Resolution; and WHEREAS, projects to remedy these bridges are included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 108653 dated September 27, 2001; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal off-system bridge projects is $105,510, hereinafter referred to as the "participation-waived" projects, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation- waived) projects not yet awarded: 1 I 1 . no! • LOCATION ON SCHOOL DESCRIPTION OF ESTIMATED BUS ROUTE? STRUCTURAL COST IMPROVEMENT WORK CR 246 (White Switch Road) Yes Replace Existing Bridge $ 7,362* At Big Creek With A New Structure 17-021-OAA0246-001 CR 106 (Alexander Road) Yes Replace Existing Bridge $ 75,760 At Wickson Creek Tributary With A New Structure 17-021-OAA0106-002 Total Estimated Cost of Equivalent-Match Project $ 83,122 * Previously approved Equivalent-Match Project. $48,225 has been applied to CSJ 0917-29-'075 and $35,813 has been applied to CSJ 0917-29-077. Participation Received, Check No. 1022986 & 6033050 $11,338. Total Local Government Participation $ 94,460 Estimated Local Government Participation $ 105,510 Total Remaining Local Government Participation $ 11,050 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Govemment must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. Page 2 of 4 r 5. The Local Government will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent- match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. PASSED, APPROVED AND ADOPTED by the COIVMSSIONERS COURT OF BRAZOS COUNTY on this the --U !-Day of , 20.at • Alvin W. Jones County Judge, Brazos County Attest: Count tCle k, razoi Co ty t~ • Page 3 of 4 40 l [3 _ C7 ..a%\ PARTICIPATION-WAIVED PROJECTS BRAZOSCOUNTY PROJECTS PARTICIPATION BY BRAZOS COUNTY Project: BR 97(341)OX $ 74,270 Control: 0917-29-073 CR 147: At the Navasota R. and Rel. Nos. I and 2 Road: Long Trussel Road NBI: 17-021-0AA0147-001, 002 and 003 Project: BR 97(342)OX Control: 0917-29-074 CR 153: At the Navasota River Relief Road: Democrat Road NBI: 17-021-0AA0153-001 $ 31,240 Total Estimated Participation $105,510 The Participation by Brazos County shown above is based upon the latest estimated construction cost for these projects plus the preliminary engineering costs shown in the consultant work authorization and the estimated cost of the State's oversight of this design. These amounts do not reflect the money previously paid by Brazos County for its 10 percent participation in the cost of preliminary engineering nor does it include previously approved equivalent-match participation. Page 4 of 4 ,d4ft" • • 0 DATE: January 9, 2003 TO: John Reynolds, County Auditor FROM: Honorable Randy Sims, County Judge RE: PROPOSED WAIVER Please be advised that on this day of Commissioners' Court at whi he fol ng e Randy Sims Tony Jones Duane Peters Kenny Mallard Carey Cauley, Jr. 2003, at a Regular Session of the County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 _ Commissioner, Precinct 4 As provided in the Local Governr(ient Code, Section t13.901(c), the Commissioner's Court hereby waives the requirement of the County Judges' signature on requisitions and payment authorizations that have previously been exempted from competitive bids for the following services: 1. Indigent health care claims that are received by the Brazos Valley Council of Governments within 95 days of the service date and are held by the B.V.C.O.G. due to determination of eligibility. These claims will be handled the same as the indigent health care claims that are received by the County in a timely manner for indigent health care services, as authorized by the Brazos Valley Council of Governments, with contracted vendors (LGC 262.04(a)(2)). 0 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: January 14. 2003 ITEM: Rgguest from Verizon to construct buried cable installations in the right of Carrabba Road and in the 20 ft. Public Utility Easement along the frontage of Whitetail Run Subdivision. Installation will begin at the Carrabba Road - State Highway 21 intersection and extend for a distance of 6.210 ft. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 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-V of and parallel to the right-of-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, ft shall be the Applicants 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 geotechnical 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. 1) On the Notice of Line Installation page, the Information should read "Brazos" rather than "Burleson" county. 2) Information In the second paragraph should state that a portion of the cable will be installed In the 20 ft Public Utility Easement along frontage of Whitetail Run Subdivision. 3) On Sheet 3 of 4 and Sheet 4 of 4 of the exhibit drawings, there should be notation of a 20 ft Public Utility Easement along frontage of Whitetail Run Subdivision. ACTION REQUEST SUB I ED B . Richard F. Vance, P.E. County Engineer 0003-001 :D OR ALTERNATIVES: AP OV Commissioner Duane Peters Precinct 2 Approved 1Z / Denied ❑ by Commissioners' Court Date: - - -3 Randy Sim , Coun Judge t verilzon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 December 20, 2002 Richard Vance Brazos County Engineering Office • County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed communication cable line on county roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413 - 3PO02AD which is scheduled for January 2003. If you have any questions concerning this work, please contact Charles Allen at our office in Bryan, telephone 979-821-4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, John Arnold Supervisor - Network Engineer JA:ec Attachment Dl - a6- 03 Ai2 c r 2 Z , Cl.? ~,•J D/L ~viT.4i T U e FO It OPLO,J v t'X C t=r~i )0 1 ON 5eCO-40 5,YT ))v P46 /N Fins r )~On4G-1))AP1d :*Ouc,-) Z.rW0 66Az05 AA-I o NOT dc..2 L E SO.v C0411.ry .64co-D oanA(sj2,99A~ 6,opt,, D .4t4o 57A-F- T,6,4 3' C'Aa1a W) LL 13,15 1r.scc Z-D AJN~ re rA jL ev,4 5'4,5o. lei' bN 510T 5 of 4 roti o ~idr y of SI Of ~X/d~8 ~T On.at,Jj~6.5 , TbE~E 5~'uJ J ~2L"NJAGC Or HJ.i11TE!~ ~L .eiJ).I Jrll:3, r VstC, • ,,a'*\ VERIZON COMMUNICATION Notice of Line Installation December 20, 2002 To The Commissioner's CQ ~fB:urleso Cunty ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will s ct a communication line within the right-of-way of a County Road in ounty, Texas as follows: Fu rleson 5 Ria -Z 0.5 Starting at the intersection of State Hwy 21 and Carrabba Road a buried cable will be placed 3 feet in the east R.O.W. of Carrabba Road extending south/southeast for approximately 6210 feet at a minimum depth of 30°. P,.j D 2 p' PU 4l ou6;, f2n~~; c F W"ktTE Tell RuH Su ao. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after January 20, 2003. VERIZQo,&~ ONCOMMUNICATIONS 5413-31P001AD " Joh% Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 My r~ •I • J 0 2001031(92)o- 15 ) a 48 22225 477558' ' 2423.10 62 2423.10 AKF 1000--24 24 UEF 25-22 C2,51-51 02.51-51 x00,52-52 XOD.52.52 C2.53-56 C2,53-58 XD0.7-10 X00,59-59 C2,116-116 C2,60-61 xD0.117-118 X00 62-62 C2.119-119 . 63 71 X2 xOD.120-120 . XDD,72-72 X2,121 125 X00,21-25 C2.73-75 X00.26-40 C2.116-116 • 588 (83) a 117-118 Mr232425 19-119 220 2422.10 120 120 AEF 25-24 21-125 x00.1-10 75 5151- C2,116-116 , 76-400 XOD,117-118 X2.119.119 X00.120-120 C2.121-125 X06.21-25 60 (651 a 0 6225 •1581 (821 -o 614' 2423.10 M•122225 E 25-22 1138' 2423.10 2.251-275 UEF 25-22 XOD,1-5 02.56-56 X06.7-9 02,116-116 78 (82) a- C2.61-61 2428 x06.62-62 2' 2423.10 C2.63-71 28-24 x00,72-72 1-24 C2.73-75 MP xD0,25-25 LP X00.26-26 -28 rMt a2 °2050931 (PP) a-- QP002AD> M#282250 61 65) a 1247' 2423.10 206225 2 23.10 3 ASP 50-22 2 2,515522 XDD,1-25 CPP> xoD,5z~52 X2.376-400 CPP> 11 '.I 1OTC AA(A- HWY 21 E L-18600 _ _ 05 I I I~ I « M STa 1 r as ` I \ sta 1 • 68 I I 1 REE I LLJ I Or STA 2 • 51 I 1 p m I m ~RyL ORrr STA 2 • k I I Q I PLOW TrUR STA 3 • 62 I I I 1 I I I I 1 I I I I I I I I I I I RE ' STA 6 35 STA 6 • SO I I I 6LI SORE I~ I I I I I I 1 I I I I I ASP)MLt STA 1 se STA 9. 21 I 0S71BORE I I • I I .T I ti NOTES TO CONST LOCATE ALL BURIED UTILITIES BEFORE DIGGING IN THIS AREA. PLACE NEW CABLE AND BORE AS SHOWN ON WORK PRINTS. WORK SAFELY WARNING to Homan R Aa2 0' a.na awTloa,cnmr RAUnTa Iaf IR-ONlw EOTIIP.. S O U U.110 'a 119 raE OOLK "A.S t5so. 1 root ..+ws•m•J 24 A M OAT I n1TS rn IM KFW VANTIw MT 1or..a Tawfly MME o11:2TV a 1 Om I Rev" Wm M 1a 27 L MK ralo • .aa. Aar XTMTT OEM 00 1 w.1 . 16SA3 SW. ft KE- -VlTWO 112, OT 5, -9 IK C M O.rlfsl S R . I OQQO TO WE r 'w 0< .K 1p.t iauD 2t OTT IOrarla OWI a 0 Y M M TO rr IE d T. 1 wT(. 1r Cmlwn 2. m 1 p nO TO MALI GII OF M aNAV 2 L M 10rlpf/T I NT RAT [IY1 1K WOO f4A[CTIr 000 fIFRTT r Tau -SKM 00 10 Mr at .4% M.I.L. TELL IwT qJ d11pT mr,l1E IrE JO. 2~7 Std .or Ano~T T,a; Jon UlL Taw suPtMlm1 R.rol.mT. VERIZON SOUTHWEST STATE: TX DIVISIONS 45001 EXCH., 5417 REM. CO.: 000 TWP: RHGe SECa SAL: I-BE DATE: 01/10/02 EV. DATE: LE, 1'•101 FILE, MP3 RW EMMU I A APRYO 1 PRINT 01 •2000255 1881 - M•280225 30 2423 10 AEF 25.22 x00.1-5 C2.56.56 XM,7-9 C2.116-116 C2.61-61 x00.62-62 C2,63-71 X00,72-72 C2.73.75 2222253 5 1021 f ® 1006 6 242310 7-9 1881 a 10 A E PRIN T 11 AA I 1 M1 0 ( i ®+11 •2990993 2. 2119 R1, E0 ' I I I I , O 2 te609/T•j F . -11, x00.3.7 7 C2.)7-)3 STA II • 72 I I s?. 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WORK SAFELY STA 25 • 59 I I ~ 31 3 ¢I ITO ~j~ r 1211 r 1 I "9~ •2009239 24230 ~M I 1¢989/7.120892]9 7y~ U.61" L( J C2;q -063 ~ \ FC- WARNING a. 1u4a .n, u. / 1vt .u1 291. nBtL •5r .aw rwSe p[RIlt6 Iv NO I KIM. 11[)4Y AmxM It L 0 MOQORR y Aml .1110,11 t"ATIC"r FLO • MGM am ACTIVITY 14/Prr 1/\q//`/J/4`l•O/IIr6. 1 11..E 1 HAVE m 1 11' A • •mn a. m1A1FRRL r 9P y11f1 M CHAVOI, d1.' I't 1RM "D In 11' I 0 Tl C01Le r0 0 SEE V M 14xt fa1t. R 1.9 TEIVICIAMED x11 C +11m01F1 L 1r 00 1 wR "41-M MgQAR) • DD I R41r ITT GO 0 AC AT L 4w I DYIDMAITT to Cam C, AI 1 LIwo M]POP1 M 1dY mMRR+ •b W6'I IF ro, n I,= m 10 •nr OF ImEU D"MmIL0t HILL 1141f Sou Ot.Or C1tr,CTt r1[ JIM 1/677 STOP to mI •R[1~r rte Jab oiLL r1Xw •/gMTDI PNDI•tllrl VERIZON SOUTHWEST STATES Tx DIVISIONS 45001 EXCN.S 5413 REM. CO.- 080 W.C.J 7780 WO N0.1 3P002AD CONTROL NUMBERS TITLES PAOV Svc WHITETAIL SUED TAX OST.S4S801 TWPI RING.. ECS SALT 1-8E ]AT 01110102 R V.OATE GALE, 1'•100' FILE: WP4 DAWN ENO APAVO PRINT CWA CWA 2 (IF 4 • ti . ~ NOTES TO CONST ~ 4Z \ LOCATE ALL BURIED UTILITIES ~ BEFORE DIGGING IN THIS AREA. I j PLACE NEW CABLE AND BORES ~ I I AS SHOWN WORK PRINTS. WORK SAFELY I I I 1 ® WARNING I 1 I I i s is ¢ oaTm ,•.o•TTn. T.ww, °i.wsT~ f.~, I I I I • ~ c e a ...5 R{ ~ r ~ r gars •T• m --tan n• .m ..d..,..n....o....~ M. m.t,d. 3, .M m ..~n am • .a aTa mnm. a,v.,. m , w.T • TrT,faTr. m, w.., I ~ I ~ I ( E ®A JTj 9 • ~ • = s s ~ .J . ~.A Ot~A IMg1t/WDtt n....• m~ M ..m./ e t. m i.wT . T•,.m s wmm~r a n ` M T,Oi J° tD nll YI Ot O ~ m1.at 1 \v. ~ 1•Q ai; n aov 3 J A r ~ ~.®s 7 • ~ rns +,rt.. c. .aa~ w " m' co ftcmK -c Air SI o, mm~ M J71 Ou tN TJP.fl01 P•mnR ~ pp • L•10604 CARRASBA RD 1-13-61 ° WI, ~ Aso I w I I ;,~y mi0•'~ •2050936 (PP) e-- i+v M&ll <3PO02AD) M•282250 •v Z5.22 1000' 2423.10 P000 m3a I ASP 50-22 42110 I ,ma. n XODA-25 <PP> 1 u.ai, C2.376-400 (PP) ' 7 7 C2 3- 9 ll?A 62 . 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DATE ALE. 1'•108' I I FILET WS DRIIN ENG APRVO PRINT CMA CVA 3 OF 4 g: dgn p a wp ..dgn 12/11102 09:23:47 AM *I •2050939 (PP) (VO02A0) 14.282250 2025' 2423.10 ASP 50-22 x00.1-25 (PP) 02.376-480 (PP) 0940 IPPI f (3P002AD) M•282250 g3S0P0' 28423740 XOD.~52s22PP> C2.376-400 4PP> rprt AMA-- l d4 ME •2050946 (PPI r (31`00240) M•282259 611 1235' 2423.10 ASP 50.22 oR n,ara ws nvt mn x0011.25 (P% C2.376-400 (PP) m Yoo.w q ~ o~~r ..'~~r•m r.ew.awnr a.mr i o r w . wo•o.w ror .u.r -+q~~~•p>~~ NOTES TO CONST •2050950 ('PI w- 43P082A0>M•252250 1125'2423.10 A P 5 z x0.1cPP) 02.376-400 (PP) © ♦ ~ ~ A:.mA ~ rw w.~ roa oo.anr .w aeon °~-•~wwwr~m~ ~rm~~ mw4a a o wnn .s•no.rA.4ao.....+a.s.m.m LOCATE ALL BURIED UTILITIES BEFORE DIGGING IN THIS AREA PLACE NEW CABLE AND BORE V N SII AREA STATE. TX AS SHOWN WORK PRINT . WORK SAFELY DIVISION: 45001 EXCM-r5413 REN.CD.: 000 W.C.r 7700 WO NO., 3PO02AD CONTROL NUMBERr TITLEMY SVC WHITETAIL S TAX DST.t 45001 TWPr RNG., C. S : SAL: I-BE DATE: 010'10/02 EV. OR CALEr 1'•101 FILE: WPG DAWN ENO APAVO PRINT CWA CWA 4 OF 4 12/11102 09:24 :15 AM 0 WARNING w' ~i 15tirrt.4 LRILEVZELJJ SC3 • W. v'.1 3Pob ZAn • 391 _DM--E'0-%M / Rbpb Ub&Mft-.CA NO _ CL1M1 -_G1nmo-- _.C6 392 _ mo-..1j.eNy / A7wa 061ee Ti- CA S 1187 F.AI.C - _ C-p.M- A.*" 815 _1A3- e'^-'"lop Field Ub _ _ - ---J7 S ULe C" Ca -_-_w 468 _1ML-- Ewr. Ubl y _ - • - " - - f4 A S16_lsC-__Gnpu.y Scrolm faov..-_.db 514..JRLC -I.Oft- "d4ZCaual~m A S17_15L--Canpd~SeMOS Addtlee_-e 462 _JT1M-famle A 561 -CONC_Canoea Mad* Ub.. q_.._CA 438 _1L01 __JI.lalW. GvWA + _PS _03TT _OYq Ca4. -----Cl MM JW __Rood Sekq L bW- S-A- _.O A 167D JI7Tl= gR1m T.dit18j&Lb_-.CA 971-IOOOJood SuNm Can.~n+N--__F2 A 511_~RIT D*.m 6dIdY~.--- fd 450-ICOL--faw C. Ge.ilas__JG5 u l50__DCAM -••••Owe IYL-__-_JS 1012-FRA_.Jae. Sd-1.1,dMry6HS--L7 A 776._ --f--..d AbpalRryer_..-J15 4671_IS56_la.ddL. Seed WAft 13 A 756- -Imei-cl G. A.Wcod T-k.L-M tl6 JMN__luldf Md_-- 16 40._,OLM_.Jkr0...&L 453Ld0e1MmCdbe.n__.._J3 ,4 Meaadoq WE __C6 672-_mw_-Ga/c-0*twne r N • E S POO~SON~JN s _ a Vi cNl ROBERTSON c011NTY 946 OLO -11 P ,D gym..` UR ELMO r,IEGDO a e~ 0 •0*-\ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: January 14, 2003 ITEM: Request from Wellborn Special Utility District to open-cut Live Oak Street, a gravel road, to install a 12" water line. Site is located in Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations 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-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) 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. D) Ditch line shall be compacted to 90°x6 standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) 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. IL ACTION REQUESTED OR ALTERNATIVES: Recommend approval. SUBMITTED BY: APPROVE Y: Richard F. Vance, P.E. Commission r ony Jones County Engineer Precinct 1 0003-002 Approved Pq / Denied ❑ by Commissioners Court Date: Randy S' s, County Judge • • REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-0F-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby even that (applicant ,UE I I bo✓ vi S VC) place a (type) 1 *2 Vi Dewithin the right-of-way of (road) prop esIn Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 4opies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction In order that he, or his designated inspector, may Inspect the actual Installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. 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. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the-County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") 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. All sites will be barricaded during the construction period. Construction of this line will begin on or after the ti~ o~"ntlay of Jnrl 20_0 Firm- By: Title: NL4Q',,, Addres UD 1 vN B 77Fk/ Phone: 9 -2-71!2. 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