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COMMISSIONERS' COURT
SPECIAL MEETING
MARCH 28, 1983
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A special meeting of the Commissioners' Court of Brazos
County, Texas, was held in the Lecture Rehearsal Room of the
Brazos Center, 3232 Briarcrest Drive, Bryan, Brazos County,
Texas, beginning at 10 00 A M on Monday, March 28, 1983, with
the following members of the Court present
R J Holmgreen, County Judge, presiding
Bill J Cooley, Commissioner of Precinct 1,
Walter Wilcox, Commissioner of Precinct 2,
Billy E Beard, Commissioner of Precinct 3,
Milton Turner, Commissioner of Precinct 4,
Mary Ann Murphy, County Clerk's Office
The following citizens and officials were in attendance
John T Ayers
Van Kinerd
Mary Angela LeBlanc
Clara N Hunter
Diane Macfarlane
Mark Smith
Paul Rios
Arnold Dittfurth
C J Porterfield
B V Elkins
Greg Moses
E A Wentrcek, Jr
Jann Snell
Mary Ann Ward
Boys Club
County Auditor
TAMU Journalism 203
TAMU Journalism 203
Intern, County Judge's Office
KBTX
KBTX
Auditor's Office
Construction
County Treasurer
KTAM/KORA
Juvenile Probation Department
The Eagle
County Clerk's Office
The County Judge advised the Court that he had been requested
to proclaim April 10 through April 16, 1983 as Boys Club Week in
Brazos County The Proclamation was read aloud and on motion by
Commissioner Wilcox, seconded by Commissioner Beard the Court voted
unanimously to proclaim April 10 through April 16, 1983 as Boys Club
Week in Brazos County
The Court next considered the appointment of Dr John E Marsh,Jr
as Reserve Deputy Constable for Precinct 4 On motion by Commissioner
Beard, seconded by Commissioner Turner, the Court voted unanimously
to approve the appointment
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The Court next considered the following bids for the purchase
of a mower-trimmer for Precinct 3 as follows:
1. Terrain King Corporation $7,500.00
2. Nickell Distributor $7,595.00
3. Export Equipment International $7,801.50
(Less 2% discount is paid on delivery)
4. Nickell Distributor $9,700.00
5. Tom Fairey Company 10,640.00
6. American Lift Truck & Tractor, Inc. 10,656.00
7. Turner International, Ltd. 11,396.00
On motion by Commissioner Beard, seconded by Commissioner Wilcox
the Court voted unanimously to accept the bid of Export Equipment
International and to authorize the payment on delivery.
The Court proceeded to consider the following requests to
utilize County rights-of-way-
1. Ferguson Crossing Pipeline Company proposed to install
a 4 inch gas line across the right-of-way of Rock
Prairie Road in Precinct 1.
2. Gulf Oil Corporation proposed to install a 6 inch gas
gathering line in the right-of-way of Old Reliance
Road in Precinct 3. They proposed to cross the road-
way in two locations and to parallel the right-of-way
a distance of 4495 feet.
3. Getty Trading and Transportation Company proposed to
install a crude oil pipeline across the right-of-way
of Marino Road and Boatcallie Road in Precinct 2.
On motion by Commissioner Cooley,seconded by Commissioner Beard
the Court voted unanimously to approve all requests as submitted
and authorized the installation of all of the pipelines. A copy
of all requests are attached.
On motion by Commissioner Cooley, seconded by Commissioner
Wilcox the Court voted unanimously to approve the Depository Con-
tract with the First City National Bank for the 19$3-84 biennium.
The Court next discussed a Construction and Maintenance Agree-
ment for Bridge Replacement of the Wickson Creek Bridge and Carter's
Creek Bridge, Such contract to be with the State Department of
Highways and Public Transportation. After discussion and on motion
by Commissioner Beard, seconded by Commissioner Turner the Court
voted unanimously to authorize the County Judge to enter into con-
tract with the Department of Highways and Public Transportation for
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the replacement of such bridges
A copy of such contracts are
attached hereto and made a part of these minutes
The Court next considered Change of Status for the follow-
ing employees
Cathy Lightfoot
Lori Fridel
Cathy L Schulte
Laura L Gray
Mary Lynn Smalley
Kenny Elwood Elliott
Karen Carda
Joan Shannon
Christopher M Faulkner
Elaine Marie Hanus
District Attorney's Office
Treasurer's Office
Health Department
Health Department
Court Administrator
Sheriff's Department
Sheriff's Department
Tax Assessor-Collector
Sheriff's Department
Tax Office
On motion by Commissioner Cooley, seconded by Commissioner Turner
the Court voted unanimously to approve the Change of Status as
submitted
The Court next considered the following Claims as submitted
by the County Treasurer for payment
General Fund Claims
General Fund Claims
Revenue Sharing Fund Claims
Foster Care Claims
Juvenile Commission Grant Claims
Health Department Claims
Capital Improvement Debt Service Fun
Road and Bridge - Shop Claims
Road and Bridge - Precinct 1 Claims
Road and Bridge - Precinct 2 Claims
Road and Bridge - Precinct 3 Claims
Road and Bridge - Precinct 4 Claims
022 through 030
2004 through 2272
2274 through 2278
2292 through 2312
2313 through 2316
2281 through 2291
d - Claims 2273
2317 through 2329
2330 through 2346
2347 through 2371
2372 through 2387
2338 through 2407
On motion by Commissioner Cooley seconded by Commissioner Turner
the Court voted unanimously to approve the Claism as submitted
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The Court next considered a request from Richard Fronterhouse,
Constable of Precinct 4, to transfer $300 from out of county travel fund
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to office supplies On motion by Commissioner Beard, seconded by
" Commissioner Turner, the Court voted unanimously to authorize the
transfer and amend the budget accordingly A copy of such Budget
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Amendment is attached
Ernie Wentrcek, Chief Juvenile Probation Officer presented the
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i Court with the Annual Report of the Juvenile Probation Department
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On motion by Commissioner Beard, seconded by Commissioner
I Cooley, the Court unanimously approved the Official Bond of Ray
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Truelove, as Constable of Precinct 3 and ordered that the Bond
be recorded in the Official Bond Records of the County.
The Court next considered the Preliminary Plat of Sandy Oaks
in Precinct 4. Developer Clyde Porterfield presented the Court
with a Right-Of-Way Dedication from Frank B. Stevens, et ex to
Brazos County containing 3.27 acres and providing for a 60 foot
right-of-way plus 16 foot utility easement for a distance of
1889.06 feet Such right-of-way would provide public access to
the subdivision. Mr. Porterfield also agreed to provide a banis-
ter for the bridge on the right-of-way, as well as the marking
of the bridge. After much discussion Commissioner Wilcox moved
to accept the Right-Of-Way Dedication and authorized the record-
ing of the Road Dedication, subject to the Developer submitting
the appropriate bond for the construction of the road and ap-
proval of the Preliminary Plat The motion was seconded by Com-
missioner Turner, with Commissioners Wilcox, Beard and Turner and
County Judge voting "Aye," Commissioner Cooley abstained.
The Court next heard a presentation from Jack Cumpton, Archi-
tect on the progress of the Construction and Modification of the
Courthouse Mr. Cumpton also submitted the following Change Orders
for the Courts consideration
1. Change Order Number 1 upgrading the two air conditioning
chillers, electrical efficiency from 0 75 KW/ton speci-
fied to 0 61 KW/ton in the amount of $26,651 91
2. Change Order Number 2 for the replacement of the 17 origi-
nal air handlers for a total amount of $55,543 41
3. Change Order Number 3 providing 24 over-under bunk walls
in originally completed fail cells in the amount of
$49,764 00 and to provide and install 24 over-under bunk
walls in future expansion fail space in the amount of
$65,033, or a total of $114,797 00 for Change Order Num-
ber 3
4. Change Order Number 4 adding two, four inch roof drains
and lines at new one story Phase lA building in the a-
mount of $3,084.00
After much discussion the County Judge moved to approve Change Orders
numbered 1, 3 and 4 for a total additional cost of $144,531.91. The
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motion was seconded by Commissioner Beard with the County Judge,
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and Commissioners Wilcox, Beard and Turner voting "Aye", Com-
missioner Cooley voted "No", whereupon the County Judge announced
the motion carried Mr Cumpton was directed to investigate the
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replacement of the Air Handlers where the walls would be replaced
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by the remodeling and could be replaced properly A copy of the
apptoved Change Orders are attached hereto
There being no further business the Court adjourned
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4 vot IT PACE
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The foregoing minutes have been examined and approved in
open Court this the 413y day of ,
19,a, in Bryan, Brazos County, Texas. y
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R. J mgreen i J o ey i
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County Judge Commiss oner, Precinct
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Walter Wilcox Bi y . Bear
Commissioner, Precinct 2 Co sioner, Precinct 3
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Milton Turner Fran Boris ie
Commissioner, Precinct 4 County Clerk
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` NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
` To the Commissioners' Court of BRAZOS County, Texas
h 5 Brazos County Courthouse
A Bryan, Texas 77801
9 COMPANY
Formal notice is hereby given thatFERGUSON CROSSING PIPE LING Applicant,
i proposes to place a 411 G:js inP within the right-of-way
of Rock Prairie Road in Brazos County, Texas as follows:
i
The location or description of the proposed installation is more fully
shown by three (3) copies of the drawings attached to this notice.-
' I understand and agree that:
1, The Commissioner of the Precinct in which the right-of-way lies
must be notified prior to the beginning of construction in order
that the Commissioner might be on hand to designate the actual
location of the installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies. ,
3. That BRAZOS COUNTY reserves the right to require applicant to re-
locate or lower any such line at no cost to 13It1~'LU5 C'UUt4''Y, should
came become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way.
4. That BRAZOS COUNTY is in no way responsible for any damage that
might occur to any existing utility lines in the right-of-way.
S. That the line will be constructed and maintained on the county righ
\ of-way in accordance with governing laws.
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 ditc
y and the drainage is to be considered at least two feet (2') below
t the center of the roadway.
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7. That all roads be bored to forty feet (40') on either side of the
right-of-way or cased for such distance.
8. That all sites will be barracaded during the construction period.
Construction of this line will begin on or after the _15thday of Marrh
1983
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Firm:
By gQ&r
Title: Belton H
Address: P.O. Box 1166
Brenham- TPxaa 77RRI
Phone: 713/836-6685
APPROVED BY COMMISSIONERS' COURT
Date: gad~l 2 F 9
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{ NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
} Bryan, Texas 77801
s
Formal notice is hereby given that Gulf Oil Corporation Applicant,
proposes to place a f, G.is a--ither.ing Line within the right-of-way i
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,y of ;U-++7rh,-liance Io-id in Bra70S County, Texas as follows
Reliance Church Road
J- Road crossing only
r ' `c Installation parlleling the roadway a distance of 4495 feet
{ The location or description of the proposed installation is more fully
! shown by two copies of the drawings attached to this notice
I understand and agree that ,
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1, The Commissioner of the Precinct in which the right-of-way lies must
r be notified prior to the beginning of construction in order that
the Commissioner might be on hand to designate the actual location
of the installation
2 That all damage to the roadways and rights-of-way will be repaired t
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies `
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3 That BRAZOS COUNTY reserves the right to require Applicant to re-
locate or lower any such line at no cost to BRAZOS COUNTY, should
same become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way
4 That BRAZOS COUNTY is in no way responsible for any damage that migh'
occur to any existing utility lines in the right-of-way
5 That the line will be constructed and maintained on the county right
of-way in accordance with governing laws
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 be bored to forty feet (40') on either side of the
centerline of the right-of-way or cased for such distance
8 That all sites will be barracaded during construction period
9 That the normal charge established by the Commissioners' Court is
$RPO per crossing and/or $25 per rod
minimum when paralleling the roadway
Construction of this line will begin on or after the day of
APPROVED BY COMMISSIONERS' COURT
Date 3
Fee Received
Date
Amount Q
Firm Gulf O Co ra on
By
Title Senior Production Supervisor
Address P O Box 17
Kurten, TX 77862
Phone 409-589-2514 or 589-2220
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A OF COMMISSIONERS COURT OF BRAZOS MUM, TEXAS
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- - - - - Eight thousand Three hundred Ten and 60/100 - ~ 1~a i~- - - $ 8, 310 60 - - -
IN FULL PAYMENT FOR execution of a Right-of-Way Agreement dated March 15. 128, covering all of Payee s
° full interest in said right-of-way, consisting of 4495 feet, more or less, also for the right to
I extend pipeline right-of-way across four separate Public Roads
4 1
ACCOUNT
ANALYSIS
FACILIT
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REFERENCE 02
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TO GULF OIL CORPORATION
I P O Box 1079 /
1 HOUSTON TEXAS 77291 /
COLLECT
TE'XASOMMERCERBANK MA 1:1130006091: 18918190►.611' illy k ~~„u1X
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a HOUSTON TEXAS J
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 77801
tation Co.
• Formal notice is hereby given thatGetty Trading $ Transpor- , Applicant,
proposes to place a Crude Oil Pipeline within the right-of-way
of Marino Road in Brazos County, Texas as follows:
Road crossing only.
_ Installation parlleling the roadway a distance of feet..
The location or description of the proposed installation is more fully
shown by 2 copies of the drawings attached to this notice.
I understand and agree that:
1. The Commissioner of the Precinct in which the right-of-way lies must
be notified prior to the beginning of construction in order that
the Commissioner might be on hand to designate the actual location
of the installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies.
3. That BRAZOS COUNTY reserves the right to require Applicant to re-
locate or lower any such line at no cost to BRAZOS COUNTY, should r,
same become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way.
4. That BRAZOS COUNTY is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way,
5. That the line will be constructed and maintained on the county right-
of-way in accordance with governing laws.
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 (21) below
the center of the roadway.
7. That all roads be bored to forty feet (40') on either side of the
centerline of the right-of-way or cased for such distance.
8. That all sites will be barracaded during construction period.
9. That the normal charge established by the Commissioners' Court is
$5.00 per crossing Pnd/or $25 per rod
minimum when pazalleling the roadway.
Construction of this line will begin on or after the 12thday of
_ April . 1983
APPROVED BY COMMISSIONERS' COURT
'i Date:
3
1AP-htl
.5 5
Fee Recei ed:
,
Date*
Amount:
[ -
Firm:GETTY TRADING & TRANSPORTATION CO.
By: William A. Decker
Title:-Staff Engineer
Address:P. 0. Tox 5568
Denver, CO 80217
Phone: 303 866-0305
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STEPHEN F AUSTIN LEAGUE NO 101
4e ABSTRACT No 63, BRAZOS CO , TEXAS
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- EN F. AUSTIN LEAGUE NO. Wa I
ABSTRACT NO. 63, BRAZOS CO., TEXAS
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PO Box 5568 TA. Denver, Colorado 80217
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PROPOSED 6!' PIPELINE CROSSING Q
MARINO ROAD
BRAZOS COUNTY, TEXAS
DwN~a DATE CKD eY DATE D.. vim p
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f NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
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To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
f' Bryan, Texas 77801
J tation Co
Formal notice is hereby given thatGett Trading & Trans or-, Applicant,
proposes to place a crude oil pipeline within the right-of-way
vrr of Roatcall,e Rd, in Brazos County, Texas as follows
,
,
-X Road crossing only
_ Installation parlleling the roadway a distance of feet
" The location or description of the proposed installation is more fully
shown by 2 copies of the drawings attached to this notice
f
I understand and agree that
{ 1 The Commissioner of the Precinct in which the right-of-way lies must
T' be notified prior to the beginning of construction in order that
r the Commissioner might be on hand to designate the actual location
of the installation
2 That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies
t~
3 That BRAZOS COUNTY reserves the right to require Applicant to re-
locate or lower any such line at no cost to BRAZOS COUNTY, should
same become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way
• 4 That BRAZOS COUNTY is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way
5 That the line will be constructed and maintained on the county right-
of-way in accordance with governing laws
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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 consideredtat least two feet (2') below
the center of the roadway
7 That all roads be bored to forty feet (40') on either side of the
centerline of the right-of-way or cased for such distance
8. That all sites will be barracaded during construction period
If
it
,
9 That the normal charge established by the Commissioners' Court is
$5:00 per crossing and/or $25 per rod
minimum when paralleling the roadway
Construction of this line will begin on or after the 12th day of
April , 1983 f
APPROVED BY COMMISSIONERS' COURT
4 Date: YA t q ~3
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Fee Receive
{
Firm GETTY TRADING & TRANSPORTATION CO
By William A Decker
Title Staff Engineer
Address P 0 Box 5568
(
Date
Amount Phone
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Denver, Colorado 80217
303 866-0305
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'Rood x~ STEPHEN F. AUSTIN LEAGUE NO. IOp
ABSTRACT NO. 63D BRAZOS CO., TEXAS
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PROPOSED fi" PIPELINE CROSSING
90 BOATCALLIE ROAD
BRA20S COUNTY,
DWN BY DATE CKD By DATE DWG NO
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STEPHEN F AUSTIN LEAGUE NO 10,
ABSTRACT NO 63, BRAZOS CO, TEXAS
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GETTY TRADING F, TRANSPORTATION CO
PROPOSED 6 PIPELINE CROSSING
BOATCALLIE ROAD
BRAZOS COUNTY, TEXAS
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DWN By DATE CKD BY DATE OWG NO
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THIS AGREEMENT, made this 7 t/7 day of _X6-7e ` 1983, by and be-
tween the State Department of Hig wah ys and Public Transportation, Party of the
First Part, hereinafter called the "Department", and Brazos County, a local
government, or governmental agency or entity, Party of the Second Part,
hereinafter called the "Governmental Agency" acting by and through its County
° Judge and by virtue of the authority shown on Exhibit A attached hereto and made
a part hereof.
WITNESSETH
WHEREAS, the, Governmental Agency is owner of a bridge located on a public
road or street within its jurisdiction at Hopes Creek on Co. "Rd. 254 0.5 Mi.
West of Co. Rd. 218; and at Carters Creek on Co. Rd. 184 2.2 Mi. South of SH 30;
and
WHEREAS, under Title 23, United States Code as amended by the Surface
Transportation Assistance Act of 1978 and subsequent Federal legislation, a
program entitled 1983-84 Federal-Aid Bridge Replacement and Rehabilitation
Program has been approved by the State Highway and Public Transportation
Commission and said bridge is included in this program; and
WHEREAS, it is incumbent 'upon the Department to assure accomplishment of
this work. -
AGREEMENT d
NOW, THEREFORE, in consideration of the premises and of mutual covenants
and agreements of the parties hereto to be by them respectively kept and per-
formed, as hereinafter set forth, it is agreed as follows:
I
1. The Governmental Agency hereby authori;es the Department or its
contracted consultant and Department's contractor to enter on the site of said
bridge and adjacent right of way or relocation right of way to perform surveys,
inspection, construction and other purposes necessary to replace or rehabilitate
said bridge and approaches.
2. The Governmental Agency agrees to provide, at its expense, the
necessary adjustment of any and all utilities and services, whether publicly or
privately owned, as may be necessary to permit the work authorized herein.
Existing utilities will be adjusted in respect to location and type of installa-
tion in accordance with requirements of the Department.
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3 The Governmental Agency agrees to provide 20% of the actual construc-
tion cost of the bridge replacement or rehabilitation project including prelimi-
nary engineering and construction engineering and agrees to acquire at its
expense any additional right of way, if required Forty-five days prior to the
date scheduled for the contract letting the Governmental Agency agrees to pay to
the State, by check made payable to State Treasurer Account of Trust Fund No
927 an escrow amount equal to 20% of the estimated cost of the project including
preliminary engineering If, after receipt of bids, or at any time anticipated
expenditures exceed the amount on deposit, the Governmental Agency upon request
of the State shall promptly remit the requested amount representing tt,rir pro-
rata share Any excess funds on deposit will be reimbursed to the Governmental
Agency upon project completion
4 If prior to receipt of the escrow payment, the Governmental Agency
elects to terminate the project, the Governmental Agency shall reimburse the
State for those eligible expenses incurred which are attributable to the pro-
ject
5 The Department will prepare or provide for the construction plans,
advertise for bids and let the construction contract, or otherwise provide for
the construction and will supervise the construction or reconstruction as
required by the plans The cost of all services performed by the Department
will be borne by others It is mutually agreed that as the project is developed
i to the construction stage, both parties shall approve the plans by signature
approval thereon, and a copy of such plans will be attached hereto, marked
"Exhibit B", and made a part hereof
6 In the event the terms of this agreement are in conflict with the pro-
visions of any other existing agreements and/or contracts between the
Governmental Agency and the Department, this agreement shall take precedence
over the other agreements and/or contracts
7 Upon completion of the project, the Governmental Agency agrees to
accept ownership and operate and maintain the facility authorized by this
agreement for the benefit of the public without charge
8 The Governmental Agency agrees to indemnify the Department against any
and all claims for damages to adjoining, abutting or other property for which
the Department is or may be liable arising out of, incident to or in any manner
associated with or attributed to the project
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14
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IN TESTIMONY WHEREOF, the parties hereto caused these presents to be exe-
cuted in duplicate on the day above stated.
PARTY OF THE SECOND PART PARTY OF FIRST PART
Certified as being executed for the
purpose and effect of activating and/or
Brazos Count carrying out the orders, established
Name o Governmental Agency policies, or work programs heretofore
approved and authorized by the State
Highway and Public Transportation
Commission:
By C'
Count Judge
Title o Executing Official
ATTEST
Title
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By 7 Q, a _ J 4 ` 7- 83
Executed and approve forVSt~eiFghw"a~
and Public Transportation Commission
under authority of Commission Minute
Order No. 18501, dated May 20, 1981.
RECOMMENDED FOR APPROVAL'
District g neer
Zt. a, 0. x-
ie Engineer, Highway Design .f
Br ge g neer
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RESOLUTION AUTHORIZING COUNTY JUDGE TO SIGN A
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT
THE STATE OF TEXAS § Bryan, Texas
COUNTY OF BRAZOS § March 28 1983
MOTION was made by Commissioner Bill Beard and seconded by d
Commissioner Mi ton Turner that the Comm-issioner's Court of Brazos County
authorize the County Judop to sign the Construction and Maintenance Agreement
for the improvement by the State Department of Highways and Public
Transportation on the roads described below
Replacement of the Hopes Creek Bridge on County Road No 254
0 5 Mi West of Co Rd 218, and
Replacement of the Carters Creek Bridge on County Road'No 184,
2 2 Mi South of SH 30
VOTE on the motion was as follows
All voted "Aye"
h w
WHEREUPON the motion was declared carried
t
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
I hereby certify that the foregoing is a true and correct copy of order
passed bthe Commissioners' Court of Brazos County, Texas on the 28th day
of Nta , 1983
1 ~
Clerk of County Court
Brazos County, Texas
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CONSTRUCTION AND MAINTENANCE AGREEMENT <<
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THIS AGREEMENT, made this 76 day of 1983, by and be-
tween the State Department of Highways and Public Transportation, Party of the r'=
First Part, hereinafter called the "Department", and Brazos County, a local
government, or governmental agency or entity, Party of the Second Part,
hereinafter called the "Governmental Agency" acting by and through its
County Judge and by virtue of the authority shown on Exhibit A attached s.
hereto and made a part hereof.
' ur
W I T N E S S E T H
! WHEREAS, the Governmental Agency is owner of a bridge located on a public
road or street within its jurisdiction at Wickson Creek on Co. Rd. 165 4.0 Mi.
NE of SH 30; and on Carters Creek on Co. Rd. 1697.6 Mi. SW of FM 2038; and ~
WHEREAS, under Title 23, United States Code as amended by the Surface
1 Transportation Assistance Act of 1978 and subsequent Federal-- legislation, a
program entitled 1983-84 Federal-Aid Bridge Replacement" and Rehabilitation
Program has been approved by the State Highway and Public Transportation
Commission and said bridge is included in this program; and.
WHEREAS, it is incumbent upon the Department to assure accomplishment of
this work.
A G R E E M E N T
m NOW, THEREFORE, in consideration of the premises and of mutual covenants
and agreements of the parties hereto to be by them respectively kept and per-
formed, as hereinafter set forth, it is agreed as follows:
1. The Governmental Agency hereby authorizes the Department or its
contracted consultant and Department's contractor to enter on the site of said
bridge and adjacent right of way or, relocation right of way to perform surveys,
inspection, construction and other purposes necessary-to replace or rehabilitate o
said bridge and approaches.
b 2. The Governmental Agency agrees to provide, at its expense,, the
necessary adjustment of any and all utilities and services, whether publicly or f
privately owned, as may be necessary to permit the work authorized herein.
Existing utilities will be adjusted in respect to location and type of installa-
tion in accordance with requirements of the Department.
Ltp
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l 3 The Governmental Agency agrees to provide 20% of the actual construc-
k tion cost of the bridge replacement or rehabilitation project including prelimi-
nary engineering and construction 'engineering and agrees to acquire at its
expense any additional right of way, if required Forty-five days prior to the
date scheduled for the contract letting the Governmental Agency agrees to pay to
the State, by check made payable to State Treasurer Account of Trust Fund No
927 an escrow amount equal to 20% of the estimated cost of the project including
° preliminary engineering If, after receipt of bids, or at any time anticipated
expenditures exceed the amount on deposit, the Governmental Agency upon iequest
of the State shall promptly remit the requested amount representing their pro-
rata share Any excess funds on deposit will be reimbursed to the Governmental
Agency upon project completion
4 If prior to receipt of the escrow payment, the Governmental Agency
elects to terminate the project, the Governmental Agency shall reimburse the
State for those eligible expenses incurred which are attributable to the pro-
f Sect
5 The Department will prepare or provide for the construction plans,
advertise for bids and let the construction contract, or otherwise provide for
{ the construction and will supervise the construction or reconstruction as
required by the plans The cost of all services performed by the Department
will be borne by others It is mutually agreed that as the project is developed
to the construction stage, both parties shall approve the plans by signature
approval thereon, and a copy of such plans will be attached hereto, marked
"Exhibit B", and made a part hereof
,
6 In the event the terms of this agreement are in conflict with the pro-
visions of any other existing agreements and/or contracts between the
Governmental Agency and the Department, this agreement shall take precedence
i over the other agreements and/or contracts
7 Upon completion of the project, the Governmental Agency agrees to
accept ownership and operate and maintain the facility authorized by this
agreement for the benefit of the public without charge
8 The Governmental Agency agrees to indemnify the Department against any
and all claims for damages to adjoining, abutting or other property for which
the Department is or may be liable arising out of, incident to or in any manner
associated with or attributed to the project
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IN TESTIMONY WHEREOF, the parties hereto caused these presents to be exe-
cuted in duplicate on the day above stated.
PARTY OF THE SECOND PART PARTY OF FIRST PART
Certified as being executed for the
purpose and effect of activating and/or
Brazos Count carrying out the orders, established
I~ Name o overnmenta Agency policies, or work programs heretofore
I, approved and authorized by the State
Highway and Public Transportation
Commission:
By: Y
1 ,
By:
r rputq EnSk~s/-Wredol
Count Jud ~e Executed and approv or Sta ghway
Title o Executing Official and Public Transportation Commission
under authority of Commission Minute
Order No. 78501, dated May 20, 1981.
I ATTEST:"
RECOMMENDED FOR APPROVAL:
'I
' 1striclGyt/fF e e r Title
Chief' Engineer, Highway DesignL.•0-
I Br g Engineer
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9ESOLUTION AUTHORIZING COUNTY JUDGE TO SIGN A
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT
Y
VOTE on the motion was as follows
All voted "Aye"
WHEREUPON the motion was declared carried.
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
I hereby certify that the foregoing is a true and correct copy of order
passed the Commissioners' Court of Brazos County, Texas on the 28th day
of 1983
Clerk of County Court
Brazos County, Texas
i
E
THE STATE 9F TEXAS § Bryan, Texas
COUNTY OF BRAZOS § March 28 , 1983
MOTION was made by Commissioner Bill Beard and seconded by
Commissioner Milton Turner that the Commissioner's Court of Brazos County
.t authorizes the County Judge to sign the Construction and Maintenance Agreement
for the upprovement by the State Department of Highways and Public
Transportation on the roads described below
Replacement of the Wickson Creek Bridge on County Road Ao 165
4 0 Mi NE of SH 30, and
Replacement of the Carters Creek Bridge on County Road No 169,
" 7 6 Mi SW of FM 2038
4
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT FOR THE 1983 BUDGET YEAR
Qn ibl.4 'the 28th day of March , `,1183, at a Sp@cial
sei6sa.on of 93mm14sioners Court the o owir members were present:
H ~
R HOLMQEEN County Judge
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BILL J COOLEY , Commissioner, Precinct 1
WALTER WILCOX , Commissioner, Precinct 2
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BILLY E BEARD , Commissioner, Precinct 3
MILTON TURNER , Commissioner, Precinct 4
,The following proceedings were held,
THAT WHEREAS, on March 28 1983 the Court heard and approved
a budget amendment or t Re 1983 Budget year for Brazos County, T6xas.
WHEREAS, an emergency expenditure is nece$sary, due to grave public
necessity to meet unusual and unforseen conditions which could not be
reasonably included in the original budget adopted
the following amendement(s) to the original are hereby authorized
Increase
Account No Department Reason Amount (De rease)'
Constable o Re-allocation
10-55-5529 Precinct 4 of funds (Out of Co. Travel) (inn)
10-55-5210 (Office Supplies) 30n
ift ParE
THE C ISSIQNF.,~iSt COURT OF BRAZOS COUNTY, TEXA$
BY zG o COUNTY JUDGE
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CHANGE OWNER
ARCHITECT
NTRACTOR S
ORDER CO
A/A DOCUMENT 0701 FIELD 0
OTHER
,
PROJECT Modifications and Additions CHANGE ORDER NUMBER one (1)
(name, address) to Brazos County Courthouse
TO (Contractor)
ARCHITECT'S PROJECT NO 1977-106
Utley James of Texas, Inc '4I
Post Office Box 26068 CONTRACT FOR $7,026,090 00
Austin, Texas 78755
L I CONTRACT DATE Novemver 22, 1982
You are directed to make the following changes in this Contract
,
Upgrade the two (2) air conditioning chillers, electrical efficiency
from 0 75 KW/ton specified to 0 61 KW/ton
Add . . . . . . . . . .$26,651 91
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The original Contract Sum was f 7 , 026 , 090 00
Net change by previous Change Orders $ -0-
The Contract Sum prior to this Change Order was $ 7,026,090 00
The Contract Sum will be (increased) (deereex4 (»nehenged) by this Change Order $ 26,651 91
The new Contract Sum including this Change Order will be $ 7,052,741 91
The Contract Time will be (IRQ.FQaG8j (440GAIM061) (unchanged) by ( 0 ) Days
The Date of Completion as of the date of this Change Order there rip is March 20, 1984
Jack W Cumpton S Assoc , Inc. Utley James of Texas, Inc Brazos County Texas
/ 81TEK Texas Ave , 0202 PNTOATox 26068 Yrazoa County Courthouse
Address Address Address
Br 77 1 Austin, Texas 787SS Bryan. Texas 77801
BY BY
13< rch 29, 1983 DATE DATE March 29, 1983
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AAA DOCUMENT 0701 CHANGE CIRF)FR APRII 197fl FniTicim . AIAdb r dh +e7n TUC
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CHANGE OWNER
ARCHITECT '
ORDER CONTRACTOR
FIELD ❑ I.
AIA DOCUMENT G701 OTHER
PROJECT: Modifications and Additions CHANGE ORDER NUMBER: three (3)
(name, address) to Brazos County Courthouse
TO (Contractor)
ARCHITECT'S PROJECT NO: 1977-106 7
Utley James of Texas, Inc.
Post Office Box 26068 CONTRACT FOR: $7,026,090.00
Austin, Texas 78755 R
L _j CONTRACT DATE: November 22, 1982 j
You are directed to make the following changes in this Contract:
Provide 24 over-under bunk walls in originally completed jail cells. 4
Add .................................................................$49,764.00
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Provide and install 24 over-under bunk walls in future expansion
jail space.
Add.................................................................$65,033.00
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Total added this
change order $114,797.00
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The original Contract Sum was
$
7,026,090.
00 1
Net change by previous Change Orders . . . . . . . . . . . . . . . .
. $
82,528.
32
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . .
. $
7,108,618.
32
The Contract Sum will be (increased) by this Change Order . .
. $
114, 797.
00 j
The new Contract Sum including this Change Order will be . . . . . . . . . .
. $
7,223,415.
32 `
The Contract Time will be (increased) by
( 3 ) Days
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The Date of Completion as of the date of this Change Order therefore is April 6,
1984
Jack W. Cumpton & Assoc., Inc. Utley James of Texas, Inc.
Brazos
County Texas
'f6T SEo Texas Ave., #202 YNTM 0ok 26068
frazos
County Courthouse
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+ Address Address
Address
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as 7 i ca 6
Jyan,
Bryan.
Texas 77801
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J TC M.rrh ?q- 1984 nATF 3 .TO 6Ls
DATE March 29. 1983
AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • 0 1970 • THE ONE PAGE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D C. 20006 _
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CHANGE OWNER ❑
ARCHITECT
ORDER CONTRACTOR
FIELD ❑
AIA DOCUMENT G701 OTHER
PROJECT Modifications and Additions CHANGE ORDER NUMBER four (4)
(name, address) to Brazos County Courthouse
TO (Contractgr)
-1 ARCHITECT'S PROJECT NO 1977-106
Utley James of Texas, Inc
Post Office Box 26068 CONTRACT FOR $7,026,090 00
Austin, Texas 78755
i
L. CONTRACT DATE November 22, 1982
You are directed to make the following changes in this Contract
Add 2 - 4" roof drains and lines at new one story Phase lA building
Add $3,084 00
The original Contract Sum was
$
7,026,090
00
Net change by previous Change Orders
$
197,325
32
The Contract Sum prior to this Change Order was
$
7,223,415
32
The Contract Sum will be (Increased) (decreased) (wiehawged) by this Change Order
S
3,084
00
The new Contract Sum including this Change Order will be
$
7,226,499
32
The Contract Time will be (unchanged) by
( -0- ) Days
The Date of Completion as of the date of this Change Order therefore is April 6,
1984
Jack W Cumpton 6 Assoc . Inc Utley James of Texas, Inc
Brazos County
Texas
^^RR HIT CT CONTRACTOR
4163 o Texas Ave., #202 P 0 Box 26068
OWNER
Brazos County
Courthouse
Address Address
Address
AIA DOCUMENT 0701 CHANGE ORDER APRIL 1970 EDITION AIA® 0 1970 THE
"EMCM INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON O C 20006_____
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