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HomeMy WebLinkAboutLegal Document.SPECIFICATIONS REGULATING THE FILING FOR RECORD OF SUBDIVISION PLATS AND ESTABLISHING CONSTRUCTION-STANDARDS. AND OTftER REQUIREMENTS PERTINENT THERETO FOR ALL SUBDIVISIONS SITUATED OUTSIDE THE BOUNDARIES OF ANY INCORPORATED TOWN OR CITY IN BRAZOS, COUNTY,TEXAS. THE STATE OF TEXAS I IN THE COMMISSIONER' COURT COUNTY OF BRAZOS ~ OF BRAZOS COUNTY, TEXAS It is Ordered by the Commissioners.' Court'of Brazos County, .,Texas, on this the 11th day of March, 1985, that the`'requirements and policies for the subdivision of certain property .and cohstruction of roads and streets in such subdivsions`is Brazos County, Texas ,_ under. the provisions of Article 6702-1, Vernon's Texas Civil Statutes, be the. following: I. DEFINITIONS As used in theseregulations, the following words shall have the meanings::.:set forth below: 1.' "OWNER`' - the person, firm,. corporation or other legal entity, or combination thereof, owning legal fee simple title to the tract of land sought to be subdivided pursuant to 'these regulations. Also referred to as a "SUBDIVIDER." 2. "MORTGAGEE" - the person,. firm, corporation, or other legal entity, holding anymortgage.,: deed of trust lien, or other encumbrance, covering the tract ofland sought to be .subdivided pursuant to these regulations, or any portion of such tract. 3. "SUBDIVISION" - any division of a tract of land into two (2) or more lots, tracts, or parcels for the purpose of transfer of ownership or building development; or if a new street is involved, any division of a parcel of land; provided. that a division into lots or parcels of twenty (20) acre. tracts or more and not involving a new street shall not be deemed a subdivision. The term includes a re-subdivision: of any tract. in an existing subdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.. 4. "COUNTY COMMISSIONER" - the duly elected and .serving Commissioner of Brazos County in whose Commissioner Precinct the proposed subdivision is located. 5. 11COMMISSIONERS' COURT'° - the duly elected and serving County Judge of Bravos County and the four (4) County. Commissioners. 6. "ENGINEER" - a registered Professional Engineer, licensed by the State of Texas in accordance with existing laws. -1- 7. "SURVEYOR" - a Registered Public Surveyor, licensed by the State of Texas in accordance with existing law. 8. "EXTRATERRITORIAL JURISDICTION" - that area contiguous to the corporate limits of any city within the distance authorized by Article 970a, Revised Civil Statutes of .Texas, .over which such city has exercised jurisdiction in accordance with existing law. II. GENERAL REQUIREMENTS A. The owner or owners of .any tract of lard situated outside the boundaries of any incorporated town or city in Brazos County, Texas, who, subsequent to March 11th, 1985, ,has divided or will divide the same in two (2) or more parts for the purpose of laying out any subdivision of any such tract of land, or for laying out suburban lots or building lots, streets, parks or other portion. intended. for public use, for the use of purchasers or owners of lots of any such tract of land, must comply with the. rules and regulations adopted herein. B. In, the event. that any portion of these specifications should be held unconstitutional, or invalid, other parts hereof shall rot be affected thereby and they shall be held in effect unless and until otherwise changed by the Commissioners' Court of Brazos County, Texas,. and so recorded in its Minutes. C. Owners of properties in Brazos County subdividing or resubdividirg the same shall familiarize themselves with. the rules for sanitation and avoidance of water, air, or other types of polutior. as established by Federal or State statute or regulation or by the Board of Health of the Brazos County Health Urit. Special attention, is callled to regulations adopted. by the Commissioners' Court of Brazos County:, Texas .relating to private sewage facilities. III. PLATS, PROCEDURE AND REQUIREMENTS The provisions of Article 6702-1, Section. 2.401, Vernor.'s Revised Civil Statutes of Texas, shall apply,. with respect to obtaining approval from the Commissioners' Court before filing. the Plat with the County Clerk and before conveyances by deed or contract of sale may be made. A. The following procedures are outlined for the benefit of subdividers in obtaining final approval from the Commissioners" Court for the filing of a plat with the County Clerk. I. (FIRST PHASE) Owners of Property cor.templatirg the conversion of raw or other types of lards into subdivisicr. as defined herein, shall develop a preliminary plan. ir, sketch form which shall include proposed lots, streets, drainage, -2- and sewage requirements. In addition, a clear delineation of any property_ lying below the l00 year flood plain elevation shall be shown; and submit same-to the County Commissioners' ..Court, Courthouse, Bryan, Texas. The Commissioners' Court and County Engineer will review the preliminary plan and, if appropriate, will inform and discuss with the subdivider the results of the review. 2. (SECOND PHASE):. Following the procedure outlined in Phase I, above, if the subdivider decides to continue with his project, he should prepare a Preliminary Plat for submission with an application for conditional approval. If the review of this Preliminary Plat by .the-Commissioners' Court and County Engineer''is found to be in conformance with the requirements sea forth herein, it will grant conditional approval, subject to conditions specified' in' the official minutes of the Commissioners' Court. In addition, a letter of acknowledgment from the Brazos County Health unit will be required at this'.. time. 3. (THIRD' PHASE) - (FOR FINAL PLAT) After approval of the preliminary plat the owner may stake out the tract on the ground in accordance with the conditional approval given to the Preliminary-Plat, and may post a bond to guarantee comple'ttion of improvements stipulated and submit same with a Final ',Plat for approval by the Commissioners' Court. The Court then reviews the Proposed Final Plat, other material or documents, and grants its approval of the Final Plat, or informs the subdivider of the additional requirements before final approval for recording. After final. approval of the plat and .bond ,the' subdivider may record the approved Final Plat and other documents with the County Clerk .and c.an proceed with his development plans .and programs, and thereafter, his'sa1'e of tracts within the subdivision. If the Owner elects not to file a Construction Bond, he shall complete all_ streets and other improvements. and obtain acceptance thereof as provided hereinafter prior to approval of the Final Plat by the Commissioners' Court and :filing with the County Clerk. B. The final Plat to be recorded with the County Clerk must conform to the .following: 1. The Final Plat of the property being subdivided and to he recorded shall be on a scale sufficient to show all boundaries and dimensions and certified to as to accuracy by the Engineer or Surveyor preparing the same from an actual survey on the ground. It also must show in reasonable detail the location and width of existing and dedicated streets, lots, and utility and drainage easements, and similar facts regarding all property immediately adjacent thereto. 2. Surveyors and Engineers shall acquaint themselves with the procedure used by the Office of the County Clerk in the -3- recording of plats and the reporduction process used to insert the recorded plat in the Deed Records. Submitted plats shall be prepared in such a manner that all informaiton thereon will be legible. after the reduction and recording process. 3. An original sepia (24" x,36") and two (2) copies of the Final Plan shall. be filed with the County Clerk and County Engineer's Office. C. The Final Plat shall also contain the following: 1. A location map showing the location of the subdivision in Brazos County. 2. A clear delineation of any property lying below the 100 .year flood plain elevation, as established by the Corp of Engineers, or a note to the effect that "Information regarding areas of this property subject to flooding (100 year flood plain) has not been developed by the U.S. Corps of Engineers. Buyers of property are cautioned to make personal inquiry as to local flood hazards." 3. A clear delineation. of any area within the subidivision known to owner or Surveyor/Engineer to be subject to frequent flooding. 4. An outlined note to the effect .that "No private sewage facility may be installed on any lot in this subdivision without the prior issuance of a license by the Brazos County Health Unit under the provisions of the Private Sewage facility Regulations adopted by the Commissioners' Court of Brazos County, pursuant to the provisions of Section 21.084 of the Texas Water Code." A letter of acknowledgment from the Brazos County Health unit shall be required. S. A Certificate of Ownership and Dedication as follows: I (or we) owner(s) of the .land shown on this plat and designated herein as , a subdivision in Brazos County, Texas, hereby dedicated to the use of the public forever all rights-of-way,. easements, and other public places shown herein. Signature(s) With appropriate acknowledgment(s) 6. A Certificate of Mortgagee, if any, as follow*s: -4- "The undersigned, .holder of,a deed of trust. lien or other encumberance ..against -.the- property subdivided herein hereby joins in the dedication of all streets, `alleys, parks, and utility easements to the public as set forth in the Cwner's Certificate hereon." Dated this day of , 19 .Mortgagee With appropriate acknowledgment(s) A`Certificate of Surveyor and/or Engineer as follows: nl~ Registered Public Surveyor or Engineer, in the State of Texas, hereby certify that this plat is true and correct, was prepared from an actual survey of the property made on the ground.. under my supervision, and that proper engineering consideration has been given to the improvements described herein. Signature Typed name of .Surveyor or Engineer 8. A Certificate. of Approval as follows: 7. "Thin subdivision. plat was. duly approved by the Commissioners' Court of Brazos County, .Texas, as the Final Plat of such subdivision on the day of 19 Signed this the day of 19 County. Judge Brazos .County, Texas 9. A Certificate. of the County Clerk as follows: ~~1~ , County Clerk of Brazos County, Texas, do hereby certify that this plat, with its certificates of authentication was filed for. record on the day of ,' 19 and duly recorded in Volume _ page Deed Records of Brazos County, Texas. County Clerk Brazos. County,. Texas- 10. The name of the subdivision, number of acres contained therein, the survey in which it is located, and a list of streets by name showing centerline length of street. -5- 11. Such other information as necessary to comply with and describe the requirements imposed by these regulations. 12. On plats of subdivisions within the extraterritorial jurisdiction of any city, such other and further information as may be required by such city. D. The Final Plat. shall be an original drawing on linen paper, or other paper approved by the. Commissioners' Court, with true dimensions. to correspond with the engineer's scale as described on said plat. The Plat must be on one or more .sheets measuring twenty-four (24) inches wide and thirty-six (36) inches long in size, with a two and one-half (2 1/2) inch binding margin on the left of said sheet, and an appropriate margin on each of the other three (3) sides. Where the area being subdivided will not fit in the aforesaid dimensions, two (2) or more sheets shall be used. If two (2) or more sheets are used, a key map showing the entire area shall be drawn on the first sheet, or on a separate sheet. E. Fees of the Office of the .County Clerk in the amount then in effect shall be paid at the time the final plat is filed. IV. SUBDIVISION REQUIREMENTS A. Subdivisions within the extraterritorial jurisdiction of any city: 1. Any subdivision located within the extraterritorial jurisdiction of any city shall conform to the subdivision and construction requirements of such city then in effect, except that: a, no utilities may be placed in the street .rights-of-way, but shall be placed in utility easements provided for that purpose; except that with 100' R.O.W. this provision may be waived by Commissioners' Court. b. the :entire width of all street rights-of-way shall be cleared; and c. all requirements. of these regulations shall be met to the extent that they exceed the requirements of said City or are not imposed by said City. The Commissioners' Court shall be the final authority of whether or not a particular requirement of these regulations shall be imposed within the extraterritorial jurisdiction, whether or not assurance is received from the applicable city that the entire subdivision will be annexed prior to the expiration of the two (2) year. maintenance period provided for in Article VIII of these Regulations. The Plat shall require joint approval of the City and the Commissioners' Court and any bond filed shall be payable jointly to the City and County Judge as specified herein. -6- 2. In subdivisions within the extraterritorial,jurisdiction of a city, the owner shall notify the. Commissioner's Court at the beginning of the City's administrative process of his intention, seek approval of the proposed plats, and deliver a copyof'the proposed plat therewith. Thereafter, the Owner shall `advise the Commissioners' Court of the status of the project from time to time during the City's administrative process. After final approval and signing of the. plat by proper, officials of the City, the plat and Construction Bond., if desired by the .Owner, may be submitted to the Commissioners' Court for approval. 3. It shall be the duty of the person ..filing .the. Plat to ascertain if the tract or .subdivision falls within the extraterritorial jurisdiction of a municipality. B. .Subdivisions outside the extraterritorial jurisdiction of any city where any .lot is less than one (1) acre: 1. Any subdivision located outside the extraterritorial jurisdiction of any city which. contains any lot less than. one (1) acre in size shall conform to the City of Bryan. standards for a comparable subdivision if located within. the city, except that: a. no utilities may be placed in the street rights-of-way, but shall be planed in utility easemer. s provided for that purpose, excep that with 100' ROW. this provision. may be waived by Commissioners' Court. b. the entire width of all street rights-of-way shall be cleared; and c. all requirements of these regulations shall be met to the extent that they exceed requirements of said City or are rot imposed by said City. 2. The Commissioners' Court shall be the final authority of whether or not a particular requirement of these regulations shall be imposed outside the extraterritorial jurisdiction. 3. Subidivsions described ir. Paragraph IV, B, 1 above shall, ir. additor. to the City of Bryan standards, meet the requirements of Section III; Section, IV, C, to the extent that such requirements exceed such City's standards; Section. V; Section VI; .Section VII; Section. VIII; and Section. IX. C. Any subdivision. located outside the extraterritorial jurisdiction. of any, city where all lots exceed one (i) acre in size shall conform to the following requirements: 1. The name of the proposed subdivision. must rot be the same or deceptively similar ir. spelling to the name of any other subdivision, in Brazos County. Street names shall be used -7- which avoid duplication or similarity to any existing street in Brazos County or within .any city therein. Streets which are a continuation of any existing street shall take the name of the existing street. 2. Lot and block number are to be arranged in a systematic order and shown on the plat in distinct and legible figures. 3. Boundary lines must be shown by bearings and distances, calling for the lines of established surveys, landmarks, school districts, and other data furnished, sufficient to locate the. property on the ground. All blocks, corners, and angles in streets and alleys shall be marked with a 3/4 inch galvanized pipe two (2) feet long, or with an appropriate concrete or other type marker approved by .the Commissioners' Court. 4. Location of lots, steets, parks, easements, and other features must be shown with accurate dimensions ir, feet and decimals of feet. Length of radii and arcs of all curves, with bearings of all. tangents, must be shown, also distances from all angle points and points of curve to lot lines. 5. Arterial, or main lateral streets, or set back lines, are to be provided in locations where the Commissioners' Court, ar.d the County Engineer consider them necessary. 6. Designated thoroughfares shall have a minimum right-of-way of one hundred (L00) feet. - A11 other streets must provide unhampered circulation through the subdivision and shall have a minimum width of right-of-way of seventy (70) feet, unless otherwise approved by Commissioners' Court. Where a dead-er.d street is designed to be so permanently, a col-de-sac shall be provided at the closed end having an outside roadway diameter of one hundred (100) feet. Dead-end streets may be platted where the. Commissioners' Court and the County Engineer deem desirable and where the land adjoins property not subdivided, in which case, the streets shall be carried to the. boundaries thereof. Where a proposed subdivision. abuts an existing county road having less than the minimum required right-of-way, the Owner shall dedicate or cause to be dedicated sufficient additional right-of-way to meet minimum requirements, 7, All .streets preferably to intersect at ninety (90) degree angle; where this is not possible, th intersection. or. the side of the acute angle. must be cut back,. as specified by the Commissioners' Court and the County Engineer, but ir, ro case shall the cut-back be less than, twenty-five (25) feet. 8. In cases where new streets as platted intersect with established streets, the r.ew streets shall be, if practicable, a continuation. without offset of any -8- intersecting street on the opposite side of said established street. 9. No street .shall have ,an abrupt offset, or "jog'.' in it. 10. Where streets in an adjoining subdivision dead-end at the' _ property line of the new subdivision, the said streets shall `be `continued through the new subdivision, either on a. straight line, or a corve as provided elsewhere herein. Where no adjacent connections are platted,, the streets`3n the. new subdivision must in general be the reasonable projections. of streets in the adjacent subdivided tracts.- A11 streets-.in - new.subdivisions shall be platted so that a continuation of said streets may be made in other subdivisions in the future. .: 11. Where part of a street has. been,_dedicated in an adjoining subdivision adjacen to and along .the common property line of the two (2') subdivisions, enough width of right-of-way must be dedicated in the new subdivision to provide.. the minimum width .specified herein.. 12. No squares, "islands;" or other obstructions to traffic shall be reserved within ,the right-of-way;. this shall not exclude.- small.. parts where thee. streets are _properly curved, or esplanades. 13. Points of access from .existing streets and roads to adjacent property where no street exists-shall be clearly shown. 14. All streets and roads shall be marked by signs approved by the Commissioners' Court. 15. Restoration of existing streets and roads after construction shall be accomplished by the Owner at no cost to Brazos County, to the satisfaction of the Commissioners' Court and County Engineer. 16. Dedication of utility easements not less than sixteen (16) feet wide. must be provided for public on each side of all streets. No structure of any type shall be placed on said easement and unrestricted passage must be maintained at all times. Where conditions make this impractical and easement on only one side of the road may be provided, not less than twenty (20) feet in width. The Owner shall coordinate utility installations with!all utility companies prior. to submission of the final plat. 17. No utilities may be placed under any street. All utilities shall be within the. designated utility easements. 18. A11 existing utilities, and pipelines which require relocation of adjustment in order to avoid conflict with proposed streets, utilities, or other improvments shall be relocated, adjusted, or modified at no expense to Brazos County, .Owner shall bear the responsibility for compliance -9- with Federal, State, and local regulations and requirements regarding such utilities and pipelines. 19. The plat shall show all natural drains and water courses as they exist on the ground. The .plat shall also show the contour lines connecting points of equal elevation at specified two (2) foot intervals, .unless otherwise specified by Commissioners' Court and/or County Engineer. 20. Layouts. that: will cause unsatisfactory drainage conditions, or thaw will. unduly complicate maintenance of streets, will not be accepted. 21. Drainage .courses in subdivisions containing small lots and blocks shall be dedicated. In subdivisions entirely containing "acreage tracts" of five (5) or more acres in size, an easement will be accepted. A minimum width of twenty (20)feet will be required. 22. The 100 year flood plain elevation must be clearly delineated on the Plat as shown by the flood prone maps supplied by the U.S. Corps of Engineers. In areas subject to flooding where information has not been developed by the U.S. Corps of Engineers, caution to prospective purchasers to make personal inquiries as to flooding hazards must appear on the Plat as described 'herein above. No building may be constructed on any lot where the finished slab level will be lower than one (1) foot above the 100 year flood plain elevation established by the U.S. Corps of Engineers. 23. Tracts adjacent to any State and Federal roads will have a fifty (50) foot building set back line. Tracts adjacent to all other roads will have a twenty-five (25) foot building set back line. In Curb and Gutter sections the County will have no maintenance responsibility back of curb. 24. Adequate off-street parking space must be provided in business or commercial areas. 25. Where. there is an existing subdivision and two (2) or more lots are to be re-subdivided in same, a vacating plat approved by the County .Commissioners' Court and the County Engineer shall be presented to the Commissioners' Court for approval prior to filing with the County. Clerk. The same specifications shall apply that govern filing of plats in new subdivisions with the exception that a location map will not be required.. The. vacating plat shall be a copy of the subdivision plat or part thereof to be vacated, as recorded in the Deed Records of Breazos County. No vacating plat or resubdivision within an existing subdivision shall be submitted without the joiner or separate written consent of all current property owners within the subdivision, except -10- where re-subdivision is authorized by existing restrictions affecting the entire subdivision. 26. The Owner shall furnish to the Commissioners' Court, with the final plat, a certificate .from an abstract or title company. within the County showing all persons who have any interest in the property, whether ownership, lienholder or otherwise. Every person shown to have such an-interest shall be required to join in the dedication and filing of the Plat. 27. A certificate from each Tax Collector of a political subdivision in which the property is located must accompany the plat to be recorded, showing that all taxes 'owing to the State, County,School District, and/or any other political subdivision have been paid in full to date. 28. Where an adequate _supply of ..water is available, the Commissioners' Court may require the installation of fire plugs in locations and number-s deemed 'necessary or advisable. 29. A certificate of approval for the Commissioners' Court, shall be provided on the plat. A recording Certificate for the County Clerk shall be provided. 30. A certificate of permanent dedication, duly acknowledge, of all streets, parks, playgrounds, utility and drainage easements, and otherland. intended for public use shall be part of the plat. The dedica ion must be absolute. V. CONSTRUCTION.STANDARDS A. All design and construction of streets, alleys, drainage facilities, and utilities must conform with current standards and specifications and sound engineering principles, for the type subdivision for. which contemplated under these-regulations. All trees and underbrush shall be removed from entire width of right- of-way. The owner shall be responsible for statutes and regulations of the St construction and installation of crossing or intersections with limited to railroads, pipelines, water lines and natural gas lines. compliance ate and Uni roads and utilities, electrical with all applicable ted :States respecting roadways at their including but not transmission lines, The County will not provide maintenance of utility .easements. B. Generally, it is desired that surface drainage from private property be taken to streets, alleys, or drainage courses as quickly as possible and that drainage water from streets and alleys be taken to defined drainage courses as quickly as possible. The practice of using streets and alleys as major drainage courses will not be accepted. -11- The .developer will seed or sod all bar ditches to establish a permanent vegetation. Maintenance of drainage easements will. be provided by the County where necessary. C. Minimum grades of streets and alleys normally shall be three- tenths of one percent (0.30%) and shall not be so steep. that destructive velocities ma occur unless rovision is made to prevent erosion of earthen ditches, or damage to pavements. Profiles of streets shall be furnished,. showing existing centerline elevations, both right-of-way line elevations and proposed centerline grade. At creek or other drainage crossings where consideration must be given to the proper handling of stormwater, a profile of the flow line of such creek or other drain extending sufficient distance both upstream and downstream to determine proper street grade and size of drainage structure at such crossing will be required. These must be shown on plat with elevations in reference to roadway street, or alley. D. Drainage structures of permanent type shall be provided at crossings of drainage courses with streets where prescribed by the 'County Commissioners' Court or the County Engineer in order that a minimum of inconvenience and hazard to the traveling. public will occur, and in order to minimize damage to, and excessive maintenance of public property... Such drainage structures shall have a minimum of twenty-eight (28) feet clear roadway and shall be of sufficient size to insure the capacity to carry anticipated drainage waters. E. Open channels: and ditches shall be constructed to proper cross- section, grade .and alignment so as to function properly, and without permitting destructive velocities. F. Where a street section (without curbs) is .constructed, the flexible base shall have a minimum thickness of six inches (6") after compaction, and a minimum of twenty-eight (28) feet wide from shoulder line to shoulder line and feather edges as shown on Brazos County Road. Section (Appendix B). The wearing surface shall be a minimum width of twenty-four(24) feet. All road building materials shall be approved by the Commissioner's Court and County Engineer. Where a street. section (without .curbs). is constructed, the subgrade, flexible base, and surface treatment shall be as described below. 1. Subgrade: -12- a. Descriptian: subgrade shall consist of existing subgrade material or an approved material, furnished by the contractor, containing sufficient fines (soil binder) to form a firm subgrade which can be shaped and trimmed to true subgrade ;level. b. ...Materials: 'Existing subgrade material may be ..used if its :.moisture content (determined by standard laboratory methods AASHTO Designation 146-49)`is below the .material's plastic limit. Existing subgrade material at or above its plastic limit must be stabilized according'to the direction of the Engineer. Samples 'of the material proposed for use shall be submitted to the Engineer for ,testing and for approval of the source prior to the delivery of any such material to the job. If at any. time the material delivered show too great a variation from the approvwed sample, the Engineer may-'reject the delivery and order the material''. removed from the work.. Lime stabilization of subgrade material will be required on all Arterial streets. Lime s abilization' of subgrade ...material will be required on Collector or" Local streets if the plasticity index (PI) of the material exceeds 18, as established by testing according to'-SDHPT Test Method Tex 106-E. Lime stabilization will be conducted in accordance with City o'f'College Station, Standard Specifications for Street.Construction,'latest edition', Specificaton'No. 204. Cement stabilization 'of subgrade material will be required on any street if the plasticity index (PI) of the material is less than.. 4, as established by testing according to SDHPT Test Method Tex 106-E. Cement stabilized will be conducted in accordance with City of College Station, Standard Specifications for Street Constructin, latest edition, Specification No 203. c. Compaction: subgrade material hauled to job site shall be spread uniformly and. compacted to required thickness- by means of approved compaction equipment. Existing subgrade material (in place or stabilized) and material hauled to the job site shall b'e compacted to ninety-five (95) percent of the SDHPT Test Method Tex-113-E Density and within +/- two (2) percent of optimum moisture content. d. Cost of testing and inspection will be paid by the developer. 2, Flexible Base: a. Description: This item shall consist of a foundation course for surface course or for other base courses; shall be composed of crusher-run broken stone; and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on Plans and to the lines and grades as established by the Engineer. -13- b. Materials: The material shall be obtained from approved sources, shall be crushed, and shall consist. of durable particles of stone mixed. with spproved binding materials. Testing of flexible base materials shall be in accordance with the .following State Department of Highways and Public Transportation standard laboratory test procedures:- 1) Preparation for Soil Constants and Sieve Analysis...... ..............Tex-101-E 2) Liquid Limit ..........................Tex-104-E 3) Plastic Limit .........................Tex-105-E 4) Plasticity Index ......................Tex-106-E 5) Sieve Analysis ........................Tex-110-E 6) Wet Ball Mi11..., .....................Tex-116-E 7) Triaxial Test .........................Tex-117-E Unless otherwise specified on the plans, job-control samples for testing the materials for Soil Constants, Gradation and Wet Ball Mill shall be taken prior to the compaction operations. Unless otherwise specified on-the plans, all base material will be stockpiled after crushing; tested by the testing agency designated by the County Engineer; and approved by the County Engineer prior to being hauled to the project site. The material shall be well graded and when properly tested, shall meet the following requirements: Retained on Sq. Sieve: 1-3/4"..... ............... p 7/8"... ........... ............10-35 3/8"....... ........ ... ....30-50 No. 4 .......................... ....45-65 No. 40.... ........................70-85 Maximum Liquid Limit ....... ........ ..... 35 Maximum Plasticity Index..... ............. 10 Max. Wet Ball Mill ....................... 50 Minimum compressive strength when subjected to the triaxial test: 35 psi at O psi lateral pressure and 175 .psi at 15 psi lateral pressure, unless otherwise designated on the plans. The maximum increase in material passing .the number 40 sieve .resulting from the Wet .Ball Mill Test shall not exceed 20, unless otherwise shown on plans. c. Material Sources: The material shall be secured from sources approved by the Engineer. The pits as utilized shall be opened up in such .manner as to immediately expose the vertical faces of all of .the various strata of acceptable material, and unless otherwise directed, the material shall be secured in successive vertical cuts extending through all of the exposed strata. -14- d. Construction Methods: 1. Preparation of subgrade: The roadbed shall be excavated and shaped in conformity: with the typical sections shown on 'Plans and to .the: lines:..and grades as established by the Engineer.... All unstable or otherwise objectionable materials shall be removed from the subgrade 'and '.replaced with approved material. All holes, ruts and depressions shall be filled with approved material, and if required, the'subgrade shall be thoroughly wetted with water and reshaped and rolled to the extent directed in order to place the subgrade in an acceptable condition to receive the base material. The surface of the subgrade shall be finished to line and grade as established and in conformity, with the typical section shown on Plans, and any deviation in excess of 0.04 fee t'i'n cross-.section and in a`length of sixteen (16) feet measured longitudinally shall be corrected by loosening, adding or ..removing material, reshaping and compacting by sprinkling 'and rolling. Sufficient subgrade shall be prepared in advance to Insure satisfactory prosecution of the work. Material excavated in the' preparation of the subgrade shall be ut lined in the construction of adjacent shoulders and .slopes or otherwise disposed of as directed, and any .additional material required for .the completion of the shoulders and slopes shall be secured' f rom sources indicated on Plans or designated by the Engineer. Lime-stabilization of subgrade material will be required on all Arterial streets. Lime stabilization of subgrade matexil will be required on all Collector and Local streets if the plasticity index. (PI} of the material exceeds. fib, as established by testing accoording to SDHPT Test Method Tex-106-E. Lime stabilization will be conducted in accordance with_City of College Station, Standard Specifications of Street Construction, latest edition, Specification No. 204. Cement stabilization of subgrade 'material will be required on any street if the plasticity index (PI) is less than 4, as established by testing according to SDHPT Test Method Tex 106-E. Cement .stabilization will be conducted in accordance with City of College Station, Standard Specifications of Street Construction, latest edition, Specification No. 203. 2. First. Course: Immediately before placing the base material, the subgrade shall be checked as to conformity with grade and section. The material shall be delivered in approved vehicles of a uniform capacity, and it shall be the charge of the Contractor that the required amount of specified material shall be delivered in each one hundred (100) -15- foot station. Material deposited .upon the subgrade shall be spread and shaped .the same day. In the event inclement weather or other unforseen circumstances render impractical the spreading of the material during the first twenty-four (24) hour period, the material shall be scarified and spread as directed by the Engineer. The material shall be sprinkled, if directed, -and shall then be bladed, dragged, and shaped to conform to typical sections as shown on Plans. ~ A11 areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well graded material, as directed by the Engineer. If additional binder is considered desirable. or necessary after the material is spread and shaped, it shall be furnished and applied in the amount directed by the Engineer. Such binder .material shall be carefully and evenly incorporated with the material in place by scarifying,. harrowing, brooming, or by other approved methods. The course shall then be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading and the surface upon completion shall be smooth and in conformity with the typical sections shown on Plans and to the established lines and. grades. In that area on which .pavement is to be placed, any deviation in excess of 0.04 feet in cross-section and in a length of sixteen (16) feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by .scarifying .the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. The. utilization of traffic to compact and bind the base course or courses is an essential part of the contract and is of prime importance to the satisfactory completion of the work.. As directed by the Engineer, each course shall be opened to .traffic, and the Contractor shall direct and distribute the traffic uniformly over the entire width of the course. During the period traffic is being directed overthe course, the surface shall be satisfactorily maintained by the use of a sufficient number of approved blades, drags, and such other equipment as is required, and these operations shall continue until the base course is sufficiently compacted to ninety-five (95) percent of the SDHPT Test Method Tex-113-E Density within plus or minus two (2) percent of optimum moisture content. 3. Succeeding Courses: Construction methods shall be the same as prescribed for the first course. -16- e. Measurement: Crushed stone will: be measured by the square yard, complete in place, by the cubic yard, loose vehicle measurement, or by the cubic yard, complete in place as indicated in the proposal. f. Payment: fihis .item will be paid for at the contract unit price bid for"Flexible Base" which. price shallbe full compensation for all' work herein specified, including the furnishing, hauling, and placing of all materials, for all water required,. and for all equipment, tools,. labor, and incidentals necessary to complete the .work .. -The cost of testing and inspection will be paid by the developer. 3. TWO COURSE TREATMENT a. DESCRIPTION - This section. shall consist of a wearing surface-composed of two applications of asphaltic material, each covered with aggregate and constructed on the prepared base` .course or surface in accordance with these Specifications. Two course surface treatment shall not be applied when the air temperature is below 50 ° F. and falling and it may be applied when the air 'temperature is above 40 ° F. and rising, the temperature being taken in the open shade and away from artificial `heat. Asphaltic material shall not be placed when in the opinion of the Engineer, general .weather conditions are not suitable. b. MATERIALS 1. Asphaltic Materials The asphaltic materials used shall be one or more of the materials prescribed in City of College Station, Standard Specifications for Street Construction, latest edition, Specification No. 601, "Asphalts,. Oil and 'Emulsions Requirements," as shown on the Plans and/or as otherwise specified. 2. Aggregate: The aggregate used shall consist of clean, tough, durable fragments of crushed limestone or gravel of uniform quality throughout, free from dirt, organic or other injurious matter occurring either freely. in material or as a coating on aggregate. Percent of wear,- when tested`by AASHTO Designation T-96- 70, shall not exceed thrity-five (35). Gradation shall be as specified below: Sieve Size Percent Retained 3/4 - inch sieve 0 5/8 - inch sieve 0-2 1/2 - inch sieve 20-35 3/8 - inch sieve 85-100 -17- 1/4 - inch sieve 95-100 No. 10 sieve 98-100 c. CONSTRUCTION METHODS (First and Second Course) 1. Base Preparation: Ap-ply .asphalt only when temperature is above 55 ° F. and is rising. Take temperature in shade and away from artificial heat. Place no asphalt when general weather ~ conditions, in opinion of Engineer, are not suitable. Clean base surface of dirt, dust, or other deleterious matter by sweeping with rotary broom or other acceptable means. If necessary, sprinkle lightly with water just prior to application of asphalt. 2. Heating Asphalt: Keep clean and in good operating condition at all times all storage tanks, piping, retorts, booster tank, and distributors used in storing or handling asphalt. .Operate all .equipment in such manner as to prevent contamination of asphalt with foreign material. Do .not heat asphalt above 400 ° F. at any. time, and apply at temperature of not less than 275 ° F. and not more .than 375 ° F. All asphalt material heated above 400 ° F will be rejected. 3. Asphalt Application Rate: ..Apply to clean base at rate of approximately 0.33 gallon of asphalt per square yard. Minimum application rate of 0.25. gallon per square yard and maximum of 0.40 gallon per square yard., 4. Applying Asphalt: .Apply on clean surface with approved type of self-propelled pressure distributor, operated as to distribute material in quantity specified, evenly and smoothly, under pressure for proper distribution. Provide all necessary facilities for determining temperature of .asphalt and for securing uniformity at junction of two distributor loads. Apply full width of surface in one application. 5. .Aggregate Application Rate: Not less .than one cubic. yard of aggregate per one hundred square yards of surface. Not more than one cubic yard of aggregate per eighty square yards of surface. 6. Applying Aggregate:- Cover asphalt with aggregate in amount specified and blade with wire dragbroom maintainer or other approved leveling device. After applying aggregate, .broom and roll entire surface with self-propelled, three-wheeled roller, weighing between .three and eight tons. Pneumatic roller may be used if size .and type meet approval of Engineer. Repeat brooming and rolling on two successive working days after application of aggregate for each application. -18- 3 d. MEASUREMENT: Asphaltic materials will be measured in gallons. at the applied temperature at the point of application on the road. Aggregate will be measured by the cubic yard in vehicles as applied on the road. e. PAYMENT: The work performed and materials furnished as prescribed by this section and measured as above provided will be paid for at the Unit Price bid for "Two-Course Surface .Treatment," which prices shall each be full compensation .for.. cleaning and sprinkling the .base , for furnishing,.. preparing, hauling, rolling and .placing all materials,. ...and for all manipulations, labor,. tools, equipment, and incidentals, necessary to complete the work. The cost for testing and inspectin will be paidby the developer. VI. BONDING REQUIREMENTS FOR FILING OF PLAT PRIOR TO CONSTRUCTION A. In order to insure -that the streets and other improvements in approved subdivisions are constructed in accordance. with the above specifications, any Owner desiring to .file the.. approved Final Plat prior to completion and acceptance of such streets and other improvements may post a 'form of security, as hereinafter described, an amount to be fixed and determined as follows: 1. Where no drainage structures or other aditional construction costs are involved. a.- For paved streets with curb - $50.00 per linear foot b. For paved street - $30.00 per linear foot 2. Where drainage structures. or other additional construction costs are .involved, add estimated cost of additional work to amount of Bond fixed above. .The above distances determining the linear feet involved are to be measured along the center line of said street or alley between the intersections of said center lines. B. If the subdivider decides or elects to file security in lieu of completing construction prior to Final Plat approval., he may utilize one of the following methods of posting security. If the subdivider elects to file security, the plat shall not be approved unless the subdivider has done one of the following:. 1. Construction Bond: a. Filed with. the Commissioners" Court a bond executed by a surety company holding a license to do business in the State of Texas, payable to the County Judge of Brazos County, Texas, and his successors in office, approved by the Commissioners' Court, in the amount required by this -19- ordinance and the time of completion of the improvements as estimated by the Commissioners' Court. b. The condition of said Construction Bond shall be that the Owner of said approved and accepted. subdivision shall begin construction of such streets as are shown on the subdivision plat within a period of ninety (90) days from the date of the approval of the plat. of said subdivision by the Commissioners' Court of Brazos County, Texas, and prosecute and complete such construction in accordance with the specifications herein provided within a reasonable number of working days to be determined and agreed upon by the Owner and the Commissioners' Court, and said Construction Bond shall remain in full force and effect until all streets and other improvements are "accepted" by Brazos County, as provided herein. c. In the event any or all. of the streets. as constructed by the Owner fail to meet the requirements of the .specifications herein provided and are not accepted and approved by the Commissioners' Court and the Commissioner concerned, and said Owner fails or refuses to correct the defects called to his attention in writing by said Commissioners' Court, the unfinished .improvements shall be completed at the. cost and expense of obligees as in said orders provided. 2. Trust Agreement: Has placed on deposit in a bank or trust company in the name of Brazos County, and. approved by the Commissioners' Court, in a trust account, a sum of money equal to the estimated cost of all improvements required by these regulations, the cost and the time of completion as estimated by the Commissioners' Court; selection of the Trustee shall be subject to approval by the Commissioners' Court .and the Trust Agreement shall be executed on the form approved by the Commissioners' Court. Periodic withdrawals may be made from the trust account for a progress payment of installation costs.. The amount of withdrawals shall be based upon progress work estimates approved by the Commissioners' Court. All such withdrawals shall be approved by the Trustee. 3. Unconditional Guarantee From Local Bank or Local Savings and Loan Association or Other Financial Institution as approved by the Commissioners:' Court: Has filed with the Commissioners' Court a letter, in form approved by the Commissioners' Court, signed by a principal officer of a local bank or local savings and loan association or other financial institution, acceptable to the Commissioners' Court, agreeing to pay to the County of Brazos, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider is responsible under this ordinance. The guaranteed payment sum .shall be the estimated cost of all improvements required by these regulations, approved by the Commissioeers' Court. The -20- letter shall state the name of'the subdivision and shall list the improvements which the subdivider is required to provide. 4. I£ one of the three (3) types of security. is filed by the subdivider under Section VI, the Commissioners' Court and County ,Engineer may' inspect' such improvements upon .completion of construction. If he rejects such construction, - thee.County Attorney 'shall, on direction of the Commissioners' Court, proceed to enforce the guarantees provided in these regulations. 5. When good cause .exists, .the Commissioners' Court may extend .the period of time for completion under Paragraph B of .this section. Such extension of time shall be reported to the Commissioners' Court and recorded in the Minutes. No such extension shall, be granted '.'unless security as provided in said Paragraph,B has been provided by the subdivider covering the .extended period of time. 6. Neither- the subdivider, .the contractor nor subcontractor shal'1 make a connection to or''ta~ into the County and/or City .water distribution system, electric system, or sanitary sewer system. The subdivider shall furnish all necessary materials to makethe final tap'or connection. VII. ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS A. Acceptance of streets and other improvements shall be evidenced by an instrument signed by the County Judge or the Commissioner in whose precinct the subdivision is located.. No acceptance shall be issued until receipt of a certificate of an Engineer that all improvements have been completed in accordance with these regulations and good engineering practices. In the case of a subdivision within the extraterritorial jurisdiction of a city, a certificate of the City Engineer may be submitted .and acceptance of streets and other improvements may be based thereon. All costs associated. with furnishing the necessary certificate hereunder shall be borne by Owner. B. No acceptance let-ter shall be issued until receipt of the Maintenance Bond or cash deposit in lieu of bond, according to the requirements of Section VIII. C. If the Owner has not posted security for construction prior to filing of .the Plat pursuant to Section VI above, such acceptance shall -clear the plat for :final. approval by .the Commissioners' Court and filing of the Final Plat with the office of the County Clerk. VIII. MAINTENANCE -21- A. The Owner shall be responsible. for maintenance of all streets, rights-of-way,. and other improvements for. a period of two (2) years. after the date of acceptance, as provided for in Section VII above. ''s' B. In order to insure adequate maintenance by the Owner, each owner shall, prior to acceptance by Brazos County of the streets and other improvements, file a Maintenance Bond, executed b some Surety Company authorized to do business in the State of Texas, payable to to the County Judge of Brazos County, Texas, and his successors in office, in an amount determined as follows: 1. Maintenance Bond: a. For paved streets with curbs - 5% of amount of ii Construction Bond. b. For paved streets - 10% of the amount of the Construction Bond. C. The conditions of said Maintenance Bond shall be that the Owner shall guarantee to maintain to the satisfaction of the Commissioners' Court and the County Engineer, all of the streets shown. on the accepted and approved subdivision plat, in a good state of repair for the period of two (2) years from the date of such acceptance thereof by Brazos County. The Maintenance Bond shall cover the period beginning on the date of acceptance of streets and other improvements as provided herein and ending after the expiration of two (2) years after acceptance of the construction of such streets and other improvements by the Commissioners' Court in writing. At the .option of Owner, Owner may deposit with Brazos County, Texas, United States Currancy or cashier's check in an amount equal -to the amount of the maintenance bond specified above., in lieu of such maintenance bond. Such funds shall be held by Brazos County for the two (2) year period after acceptance. Such funds may be used during such period for the costs of such maintenance as Owner, after written notice, fails or refuses to perform. After the expiration of such two (2) year period, such cash deposit, or the unexpended balance thereof, shall be refunded to Owner. D. Periodical inspections of all of the streets that have been approved and accepted in an approved subdivision will be made by the Commissioners' Court and the County Engineer during the period of liability covered by the Maintenance Bond, and in the event any or .all of said streets are not being maintained in a good state of repair, .the owner will be so advised in writing and if after a reasonable time he fails or refuses to properly maintain said streets, they shall then be maintained at the cost and expense of .obligees or the bond or cash. -22- E. After the expiration of two (2) years after acceptance,. and if such streets and other improvements are in good repair, Braos County will accept such streets and other improvements for maintenance. IX. OTHER PROVISIONS A. Guarantee of Workmanship and Materials: The Owner shall require his constructin contractors, with whom he contracts for furnishing materials and for. installation of the improvements required under these regulations, and shall himself be required to furnish to the Commssinoners' .Court a written guarantee that all workmanship and materials shall be free of defects for a period of two (2) years from the date of acceptance by the Commissioenrs' Court. B. Effectie Date: These regulations shall be in full force and effect from and after March 11, 1985, and. supersede all prior regulations relating to the subject matter hereof. C. Amendments: These regulations are subject to amendment from time to time. All persons are advised to consult the Commissioners' Court to acquaint themselves with any such amendments. -23- f INTERLOCAL AGREEMENT. AND CONTRACT FOR THE PROVISION OF ON-SITE SEWAGE. DISPOSAL SYSTEM INSPECTION AND LICENSING SERVICES This Agreement is made and entered into this day of 1996, by and between CITY OF COLLEGE STATION; .TEXAS, a Home Rule Municipal Corpo- ration organized under the laws of Texas (hereinafter referred to as "CITY"), and the BRAZOS COUNTY HEALTH DISTRICT (hereinafter.. referred to as the WHEREAS, CITY has authorized the use of on-site ..sewage disposal. systems through Chapter 9, Section 8-p.3, of C[TY OF COLLEGE. STATION CODE OF ORDINANCES; and WHEREAS, CITY desires to provide on-site sewage disposal system inspection and licensing services within its corporate boundaries by contracting with the Brazos County Health .District; and .WHEREAS, CONTRACTOR and CITY .agree. that the Brazos County Health District will provide these sanitation services for CITY; and ~~ WHEREAS, the Brazos County Health District. is an authorized agent of the Texas .Natural .Resource Conservation Commission pursuant to .CHAPTER 3.66 of the TEXAS HEr~LTH AND SAFETY CODE (VERNON 1996) .and represents that they have authority to undertake these services for CITY; NOW,. THEREFORE, in consideration of'the mutual covenants and agreements herein contained, the parties hereby, agree as follows: 1. DEFINITIONS On site-sewage disposal system or "system" means one. or more systems of treatment devices and' disposal facilities. that produce not more than :5,000 .gallons of waste each day; and are used only for disposal of sewage produced on the site where the system is located as defined in CHAPTER 366 of the TEXAS HEALTH AND SAFETY CODE. Contractor means the Brazos County Health District. City means City ofCollege Station, Texas. Authorized Agent means a local go~einment entity. authorized by the TNRCC to imple- menu and enforce rules under CHAPTER 366 OF TExAS HEALTH AND SAFETY CODE (VERNON SUPP. 1996) and in this agreement is the Brazos County Health District. TNRCC is the Texas Natural Resource Conservation Commission. ~~ ~~' Page 1 of 8 Contract No. rrw/c: /contracdl996, j s%d j u n e 9G/o n s i te. doe Brazos County Health District means the designated representative of the TNRCC authorized to issue licenses .for on-site sewage disposal systems in Brazos. County, Texas. Z. OBLIGATIONS OF THE CONTRACTOR 2.1 CONTRACTOR agrees. to and shall inspect and license any on-site sewage systems within the corporate limits of :CITY, including .but not limited to, performing percolation tests and evaluating on site sewage disposal .systems... CONTRACTOR shall ftuther comply with all present. or future federal or state laws pertaining to the inspection and approval of on-site sewage .disposal systems within the State of Texas, including buy. not limited to minimum state standards. 2.2 CONTRACTOR shall.. further enforce reasonable rules and regulations in the conduct of its business, provided that such. regulations including all rights of enforcement and any charges therefor shall be subject. to approval by CITY. and in accordance with its ordinances as .provided by the'..laws, of the State of Texas. 2.3 CONTRACTOR will provide application forms, information packets and other printed materials in packet form to CITY, at no cost, for the purpose of distribution to College Station property owners who wish to install an on-site sewage disposal system on their property. ~ 2.4 The CONTRACTOR` will be responsible for the collection of all costs and fees associated with the issuance. of licenses for on-site sewage. disposal systems including but not limted'to a State administrative fee to license a system .that meets all current or future TNRCC regulations. 2.5 In no event shall CITY be liable to CONTRACTOR for any fees or costs arising out of or in connection with the provision of on-site sewage disposal .system.. services including but not linuted to licensing, testing and inspection: CONTRACTOR agrees and understands that it is the CONTRACTOR'S sole responsibility to calculate any fees to recoup. these costs and.. collect :for all fees and/or costs associated with its services provided under this contract without. claim fore. payment by CITY_ 2.6 CONTRACTOR may not increase costs. or fees for its services without thirty (30) days prior written notice to: the City of College Station City 'Council. 2.7 CONTRACTOR agrees to be responsible. for the collection and .remittance of all fees owing and..payable`to the State for administrative costs relating to thelicensing func- tion that are not covered by the license fees collected. CONTRACTOR further agrees and shall be responsible for any charge-back fees. to.CITY.: by the TNRCC as a result of the CONTRACTOR'S failure to collect for and remit same to the TNRCC. 2.8 It is expressly agreed by and between the parties to this contract that CONTRACTOR shall furnish all necessary equipment, supplies, materials, and personnel `~. '' Page 2 of 8 Contract No. rrw/c:/contract/1996 i s/df u n e `Jb/o n s i te. doc J necessary and incidental to carry out CONTRACTOR's obligations under the teens of this contract and in accordance wtth'any and all applicable federal, state and local laws. 2.9 INDEPENDENT CONTRACTOR In all activities or services performed hereunder, the .CONTRACTOR is an independent CONTRACTOR, and not an agent or employee of CITY. The CONTRACTOR, as an independent CONTRACTOR, shall be responsible for the final product contemplated under this. Agreement. The CONTRACTOR shall supply all matenals, equipment and lab®r required for the inspection, and licensing of on situ sewage disposal systems within the College Station city limits:. The CONTRACTOR shall have ultimate control over the execution of thee: work under this Agreement. The CONTRACTOR shall have the sole obligation to employ, direct, control, supervise, manage, discharge .and compensate all. of its employees and subcontractors, and CITY shall have no control of or supetvtsion over the employees of the CONTRACTOR or any of the CONTRACTOR'S subcontractors except to the limited extent provided for in this Agreement. The services to be provided pursuant to this.. agreement shall include the. furnishing of .all .labor, materials, equipment, `and drawings, including engineering and other services necessary or reasonably incidental to the performance of the services by the CONTRACTOR. It shall be the responsibility of the CONTRACTOR to furnish all services as stated herein that meet the requirements of CITY and TNRCC. The CONTRACTOR shall retain personal. control and shall give its .personal attention to the faithful prosecution and completion of .its. services and fulfillment of this Agreement. The subletting of any portion or feature of .the work or materials required in the perform- . ance of this ,Agreement shall not relieve the CONTRACTOR from its-obligations to CITY under this Agreement. Unless otherwise _stipulated, the CONTRACTOR shall provide and pay for all materials, labor, ttools, equipment, transportation, .and other facilities necessary. for the performance and completion. of its services. 2.10 REPORTING CONTRACTOR shall maintain a current listing of all on-site sewage disposal systems it has licensed within the corporate city. limits of CITY. A copy of this list shall be submit- . ted on computer diskette and in printed .format to the Office of City Engineer annually each January detailing` the following information: License '..Holder, License Number, Property address on which ystem is located, date'. of Issuance of License, five year renewal date. 2.11 COMPLAINT NOTIFIC:~TION _, CONTRACTOR shall ..notify the Office of City Engineer of ,(i) .failure of :any system owner to comply with the penxiitting or re-pernuttir-g requirements of the City s on-site Page 3 of 8 Contract No. rrw/c:/contracdl996 js/%u ne 96/on.rite. doc sewage disposal ordinance; (ii) the discovery of any deficient on-site sewage disposal system and failure to correct such .deficiencies by the system's owner; and_ (iii) .any complaint received from third parties .relative to deficient or nonexistent systems. within the College Station City Limits: The :Contractor shall notify the City Enguieer of these conditions within seven (7) days of their. discovery.. City may take.. any enforcement action it .deems necessary to obtain compliance as authonzed m its on-site sewage disposal ordinance. 2.12 ENFOIZCEMEN'I' Within one hundred eighty (180) .days: of the date of execution of this agreement, ~4ie CONTRACTOR: agrees to and shall review its. existing records•.of on-site sewage disposal systems within the City of College Station's existing city limits. CONTRACTOR shall reinspect any on-site sewage .disposal system whose license has expired, or for which a valid license has ,not been renewed, reinspected or reissued by CONTRACTOR. The CONTRACTOR hall either reissue the license if the system meets all existing TNRCC regulations and applicable City ordinances_or institute enforcement measures by notifica- tion to the City Engineer as set forth. in paragraph 2.11 above to obtain compliance by system owner. to correct. 2.13 INSURANCE The CONTRACTOR shall procure and maintain at its sole cost and expense for the dura- tion of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection. with the performance of the work here- under by the CONTRACTOR, its agents, representatives, volunteers, employees ar subcontractors. The CONTRACTOR'S insurance coverage shall be primary-insurance with respect to CITY, its officials, -employees and volunteers. Any Insurance or .self-insurance maintained by CITY, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance-and shall not contribute to it. All Certificates of Insurance and endorsements shall be fiunished to the City Engineer and approved by CITY. before work commences. T`he .schedule of insurance is attached as Exhibit A to this. `Agreement. 3. RENEWAL It is expressly agreed and understood- that the term of this contract shall be one year and may be renewed :annually on the same terms and conditions as stated herein upon mutual agreement of the parties .upon thirty (30) days prior written notice. 4. TERMINATION This contract may be terminated at will upon one hundred eighty (180) days .advance written notice by either party.. Upon termination CONTRACTOR shall transfer all files and records of all on-site sewage disposal system licensed by CONTRACTOR. Page4of8 Contract No. my/c:/conPract/1996 jsR/june96/onsi te. doc 5. RELEASE The CONTRACTOR assumes full responsibility for the services t® be performed here- under, and releases, relinquishes and discharges CITY its officers, agents, and .employees from all claims, demands, and causes of action of every kind and character,. mcluding the cost of defense thereof,. for any injury to or death of, any person (whether they be either of the parties hereto, their employees or other. third parties) and. any loss of or .damage to .property (whether property of either of 'the parties hereto, their. employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or ui connection with, the CONTRACTOR's work to be performed hereunder. 6. INI?]Ell~I VI'I'I' The CONTRACTOR agrees to and shall indemnify and hold harmless and defend CITY, its officers, agents, and employees from and against any and_ all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of lirigatton, court costs, and attorney's fees, for m~ury to or death. of,any person, for damage to any property, or'for any breach of contract, ansmg out of or in connection with the work done by the CONTRACTOR under this Agreement mcluding but .not limited to the following instances: ~~ ` A. In the event property' is damaged due to the act, omission, mistake, fault or ;' default of the CONTRACTOR, then the. CONTRACTOR shall indemnify and. hold harmless and defend CITY for such damage. $. The CONTRACTOR halLindemnify and hold harmless and defend CITY from any and all: injuries toor claims of .adjacent-property owners caused by the CONTRACTOR, its agents, employees, and representatives. 7. INVALIDITY If anyprovision of this Agreementshall be held to be invalid, illegal or unenforceable. by a court or other tribunal of competent jurisdiction, he validity, legality, and enforceabil- ity of the remaining provisions shall not in any way be affected or rmpaired thereby. The parties shall use then best etTorts to replace the respective provision or provisions of this Agreement with legal. terms and conditions approximating the ®riginal intent of the parties.. go WRITTEN NOTICE Unless otherwise specified, written notice shall be deemed to have been. duly served if delivered in person to the individual or to a member. of the firm: or to any officer. of the corporation for .whom it is .intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by giving at least thirty (30) calendar days by giving advance written notice to the other .parties. Page S of 8 .:Contract No. rrw/c:/contract/! 996 js/c/june9C~onJr te. doc l 9. ENTIRE AGREEMENT It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior` agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the: terms of this Agreement exist. This Agreement cannot be . changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 10. ~1VIENDMENT No amendanent to this Agreement .shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both. parties. 11. 'I'E~CAS I.AW This Agreement has been: made under and shall be governed by the laws of the State of Texas, 12. PLACE OF PERFORMANCE Performance and all .matters related thereto_ shall be in Brazos County, Texas, United States of America. 13. AUTHORITY TO ENTER CONTRACT Each party has the full .power .and.. authority to enter. into. and perform this Agreement, and the .person signing this. Agreement on behalf of each. party has been properly authonzed and empowered to enter into this Agreement. The persons executing this .Agreement hereby represent that they have authorization to sign on behalf of their respective corpo- rations, which authorization is attached hereto as Exhibits B and C. 14. WAIVER Failure: of any party,. at any time, to enforce a provision of this Agreement,. shall in no way.: constitute a waiver of that provision, .nor to any way affect the validity of this Agreement, any part hereof, or the right of :either .party. to this agreement thereafter to enforce .each and every :provision hereof. No term of this Agreement shall be deemed 'waived, breached or excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore,. any consent to or waiver of a breach .will. not constitute consent to or waiver of or excuse-of any"other different or subsequent breache Page6of8 Contract No. rrwlct/aontract/1996 js/c/june96/onsi te: doc it ,- ~. /` i `~: 15. FIEADINGS The article headings are used in this Agreement. for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of thin Agreement and shall have no meaning or effect upon its interpretation. 16. GENDER REFERENCES AND NUMBER Words of any gender .used in this. Agreement shall be .held and construed to include any other. gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. ~~ 17. AGREEMENT READ The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 18. ASSIGNMENT This Agreement and the rights and .obligations .contained .herein may not be assigned by CONTRACTOR without the prior written approval of CITY. 19. MULTIPLE ORIGINALS It is understood and agreed that this Agreement may beexecuted in a number of identical counterparts, each of which shill be deemed an original for all purposes. SIGNED this the day of , 1996. BRAZOS COUNTY HEALTH DISTRICT CITY OF COLLEGE STATION BY: RANDY SIMS, Chairman Brazos County Board ®f Health BY: LYNN McILHANEY, Mayor ATTEST: Connie Hooks, City Secretary Page 7 of 8 Contract No. rrw/c:/coneract/1996 j s/c/june 9C/onsr te. doc ~' APPROVED: George Ka Noe, City Manager Roxanne Nemcik, Sr. Asst. City Attorney .Glenn Schroeder, Director of Fiscal and. Human Resources STATE OF TEXAS ) ACKNOWLEDCrMENT COUNTY OF BRAZOS ) This instrument was acknowledged on the day of _ , 1996 by RANDY SIMS, in his capacity. as Chairman of the Brazos County Board of Health on behalf of the BRAZOS COUNTY HEALTH DISTRICT. Notary'. Public in and for the State of Texas ~~~._ STATE OF TEXAS ) COUNTY. OF BRAZOS ) ACKNOWLEDGMENT This instrument .was acknowledged on the day of 1996, by Lynn Mcllhaney, in her capacity as Mayor_of City of College Station, a Texas Home Rule Municipality, on behalf of said municipality. Notary Public in and for the State of Texas Page 8 of 8 Contract N®. rrw/c: /contract/1996 ~J/djune96/onsite, doc