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HomeMy WebLinkAbout2014-12-02 10:00AM REGULAR MEETINGA BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 2, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 8: 3, Approval to accept tangible and monetary donations from the community to purchase items for detention and gifts for youth detained during the holiday season. 4. Renewal of Concession Agreement between the Expo and Shirley Bailey dba Bailey Concessions for a period of one (1) year. 5. Approval of attached contract with Mitchell & Morgan for the design of the potential extension of Greens Prairie Trail. 6. Budget Amendments. Budget Amendments FY 14/16 9.1 7. Personnel Change of Status. Personnel Action Forrns 8. Payment of Claims. . No Claims 9. Sheriffs report on inmate population. Vol. 213 Pg. 90 10. Announcement of interest items and possible future agenda topics. 11. Call for Citizen input andlor concerns. 12. Adjourn. Vol. 213 Pg. 9 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limtted to four minutes per person. Persons are invited to submit comments in writing on the agenda Items andlor attend and make comment at the Commission meeting. Members of the public are mminded that the Brazos County Commissioners, Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Taxes Constitution. As a Constitutional Court the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Loral Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, andlor addressing the CouM in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately athred andlor who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Couf Order andlor continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the Intention of the Court to allow a member (or members) of the public to Insult the honesty andlor integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court andlor any person in the Courts presence andlor moral, ethnic or gentler slurs or eptthets will not be tolerated. Violation of these rules may result in the fo8awing sanctions 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; andlor 4. such other andlor criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only 8 a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit, responses to public comments by the Commissioners Court However, responses from the County Judge or Commissioners to unlisted public comment topics could become deiibemtion on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge andlor Commissioners may choose not to respond to public comments, exmo! to correct factual inaccuracies, recite existing policy in response to an inquiry or to set that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their fight to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parkin spaces are available. Any request for sign interpretive services must be made two working days before the meeting To make arrangements, please call (979) 3614102. Vol. 213 Pg. 80- S _ 4. J � BRAZOS COUNTY BRYAN,TEXAS MINUTES December 2, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING File Stamped Apenda.pdf 12 Sion in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 2, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena Commissioner Cauley led the prayer in Chaplain Jones' absence. 2. Call for Citizen input and /or concerns. There was no citizen's input. Vol. 213 Pg. Consider and take action on agenda items 3 - 8: 3. Approval to accept tangible and monetary donations from the community to purchase items for detention and gifts for youth detained during the holiday season. 0 Item 3.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Renewal of Concession Agreement between the Expo and Shirley Bailey dba Bailey Concessions for a period of one (1) year. =- Item 4.pdf A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 5. Approval of attached contract with Mitchell & Morgan for the design of the potential extension of Greens Prairie Trail. IM Item 5 pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley Mallard , Peters, Wassermann . 6. Budget Amendments. Budget Amendments FY 14/15 9.1 @ Item 6.pdf 9.1 Transfer funds from Contingency to Non Departmental. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Personnel Change of Status. Personnel Action Forms L- Item 7xdf A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Payment of Claims. There were no claims to be approved. Sheriffs report on inmate population Sheriff Chris Kirk stated there were 598 inmates in jail, 39 have electronic monitors and 4 are pending for monitors. Vol. 213 Pg. y 10. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that she would like to invite Robert Bisor to come and give a presentation to the Court on Texas A &M's efforts of bringing a Presidential Election Debate to College Station. She would also like to see the Court support this effort with a resolution. 11. Call for Citizen input and /or concerns. Tyson Kennedy then asked to speak in reference to agenda item #5. He asked if the contract with Mitchell Morgan includes anything with Straub Road or railroad crossings. He was unable to view this contract online. The County Judge stated that he did not feel it was appropriate to dialogue with him on this topic since the Court has already voted on the item and are now at citizen's input. He feared it may be an Open Meeting violation and the County Attorney was not present to ask. Judge Peters did invite Mr. Kennedy to stay after the meeting concluded to discuss it with him privately. 12. Adjourn. Vol. 213 Pg. 8 S The foregoing minutes of the Commissioners Court meeting held December 2, 2014 have been examined and are approved in open Court this C) day of 2015, in Bryan, Brazos County, Texas. Duane Peters County Judge ZZM4�i y Ca ena Commis oner, Precinct 2 A/�ttees�st:/ Karen McQueen County Clerk Vol. 213 Pg. Y4 10 ji� (.ti Lloyd Wassermarm Commissioner, Precinct 1 Kenny Mallar Commissioner, Precinct 3 Pg -A of�?,, BRAZOS COUNTY COMMISSIONER'S COURT DAY OF D 00 Name (PLEASE PRINT) m ,Mal ��. . i M�-�m 1 M, 201- Organization (PLEASE PRINT) Expo 05 N� rn t 4QvT� � 'J,6(� �E-P Vol. 213 Pg �1 � r " U Y Pg1, of 2 BRAZOS COUNTY COMMISSIONER'S COURT a D-DAY OF :so Name (PLE SE PRIM // pm Mod M24, I WN. 1015m," FA 20/4 Organization (PLEASE PRINT) Csy G-. �'�/3�yc�iC6c8 Vol. 213 Pe. ly S, I, Shirley Bailey, with Bailey Concessions, wish to renew the contract entered into on January 1, 2014, and pursuant to said contract, the term will be renewed and extended for one (1) additional year for 2015. The terms of the contract will still be in force for 2015. Shirley Bailei Date Duane Peters I / County Judge Date Vol. 213 Pg.� -- AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. TIIIS AGREEMENT is made on the 2nd day of December 2014, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: Mitchell & Morgan 3204 Earl Rudder Freeway South Colle¢e Station, TX 77845 for the following PROJECT: Professional Engineering and Surveying Services for e ing nearing'services for design work related to the extension of Greens Prairie Trail to I_ &GN Road and associated improvements. The COUNTY and ENGINEER agree asset forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those set-vices performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. t. 1. 1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agreemem Betwan County mid Engitrcu Vol. 213 Pg. /�70 Page I of 10 required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan , TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Behveen County and Engineer Vol. 213 Pe. /T/ Page 2 of 10 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non - conformance with the contract documents.. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference, hereto —ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus's reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction :Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right -of -way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Agreement Bebvecn County and Engineer Page 3 or 10 Vol. 213 Pg. �� or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts; record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents; or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written' verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements -or for similar purposes in connection with the Project is not to be construed as `.publication in derogation of the ENGINEER'S reserved rights. , ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days Written notice should the other patty fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days,' the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 . This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days; written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. Agreement Retw n County and Engineer PW 4 of 10 Vol. 213 Pg. 7.4 if the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Agmement Between County and Engineer Vol. 213 Pe. A� Page 5 of 10 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 INDEMNIFICATION: 'ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which ,result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees: &I I ,LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent <a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for payment; of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided -by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. Agreement actwen County and F.ngincer Page 6 of 10 Vol. 213 Pg. �� ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreemrnl Between County and Engineer Vol. 213 Pg. �� Page 7 of 10 In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self - insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The F,NGTNEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. Agreement Between Canty and Enginar Vol. 213 Pg. F' Page g of 10 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably: Agreement Delman County and Engineer Vol. 213 Pg. (1 Page 9 of 10 This Agreement entered into as of the day and year first written above. The undersigned officers and /or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. Duane Peters, County Judge by: Principal Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Approved as to Form: Assistant County Attorney Agreement Between County and Engineer Vol. 213 Pg. F77 Page 10 of 10 RE: Engineering Design Services Proposal for the Extension of Greens Prairie Trail From East of FM 2154 to I &GN Road, Geometric Improvements of the FM 2154 Intersection at Greens Prairie Trail and Geometric Improvements of I &GN Road at Straub Road. Dear Alan, Thank you for the opportunity to propose professional services for the extension of Greens Prairie Trail along with geometric improvements to the FM2154 / I &GN Road and the I &GN Road / Straub Road intersections. We understand that it is Brazos County's intent that Mitchell & Morgan, LLP be involved for the full duration of the preliminary design development, preparation of the construction and bidding documents, and construction administration phases of the project. Basic services to include the following: Preliminary Engineering a. Collect supplemental information utilizing existing data available related to the existing parcels of land on which the Project is proposed to be constructed. b. Attend a preliminary workshop with the County staff (TxDOT staff and UPRR staff) to discuss the project including introduction of the project team, discussion of schedule, additional data requirements and alternatives to be considered. c. Geotechnical Investigation of the proposed project site to develop a Pavement Design. d. Boundary Survey of the proposed project site to determine ROW takings along Greens Prairie Trail (east of FM 2154 and west of FM 2154), ROW takings at I &GN Road /Straub Road Intersection, vacating ROW at Straub Road (between I &GN intersection and existing UPRR ROW). e. Topographic survey along Greens Prairie Trail Road, FM 2154, Straub Road and I &GN Road for development of construction plans. f. Conduct evaluations of the site and develop the Preliminary Engineering Report describing the existing conditions, evaluation conducted and design requirements for the project. Design a. Final Plans to include the following: I. General existing and proposed typical sections, quantity summaries, estimate, general notes and specifications. ii. Roadway — Horizontal control data sheets, roadway plan and profile, intersection layouts, driveway details, roadway details, standard details. iii. Drainage — Drainage area maps, drainage computations, culvert layouts, drainage details, standard details. iv. Traffic — pavement marking layouts, signing and delineation layouts, RR Crossing Gates, Railroad Crossing Signals, standard details (does not include intersection signalization plans). v. Erosion Control — Erosion control plan, standard details. 3204 EARL RUDDER FWY. 5. • COLLEGE STATION, Tx 77845 • T 979.260.6963 • F 979.260.3564 CIVIL ENGNFEPING - HYDRAULICS - HMRM06Y UTILITIES STREETS Vft PUNS SWOIAWNS niLNSlw1ch,IkmIm0r9dn com www.miah4llmvlmorgan tom Vol. 213 Pg. 100 M�IT�C I�- QI,E�LL MORGAN R. Alan Munger P.E. CFM November 20, 2014 Brazos County Engineer Brazos County Road and Bridge Department 2617 Highway 21 West Bryan, Texas 77803 RE: Engineering Design Services Proposal for the Extension of Greens Prairie Trail From East of FM 2154 to I &GN Road, Geometric Improvements of the FM 2154 Intersection at Greens Prairie Trail and Geometric Improvements of I &GN Road at Straub Road. Dear Alan, Thank you for the opportunity to propose professional services for the extension of Greens Prairie Trail along with geometric improvements to the FM2154 / I &GN Road and the I &GN Road / Straub Road intersections. We understand that it is Brazos County's intent that Mitchell & Morgan, LLP be involved for the full duration of the preliminary design development, preparation of the construction and bidding documents, and construction administration phases of the project. Basic services to include the following: Preliminary Engineering a. Collect supplemental information utilizing existing data available related to the existing parcels of land on which the Project is proposed to be constructed. b. Attend a preliminary workshop with the County staff (TxDOT staff and UPRR staff) to discuss the project including introduction of the project team, discussion of schedule, additional data requirements and alternatives to be considered. c. Geotechnical Investigation of the proposed project site to develop a Pavement Design. d. Boundary Survey of the proposed project site to determine ROW takings along Greens Prairie Trail (east of FM 2154 and west of FM 2154), ROW takings at I &GN Road /Straub Road Intersection, vacating ROW at Straub Road (between I &GN intersection and existing UPRR ROW). e. Topographic survey along Greens Prairie Trail Road, FM 2154, Straub Road and I &GN Road for development of construction plans. f. Conduct evaluations of the site and develop the Preliminary Engineering Report describing the existing conditions, evaluation conducted and design requirements for the project. Design a. Final Plans to include the following: I. General existing and proposed typical sections, quantity summaries, estimate, general notes and specifications. ii. Roadway — Horizontal control data sheets, roadway plan and profile, intersection layouts, driveway details, roadway details, standard details. iii. Drainage — Drainage area maps, drainage computations, culvert layouts, drainage details, standard details. iv. Traffic — pavement marking layouts, signing and delineation layouts, RR Crossing Gates, Railroad Crossing Signals, standard details (does not include intersection signalization plans). v. Erosion Control — Erosion control plan, standard details. 3204 EARL RUDDER FWY. 5. • COLLEGE STATION, Tx 77845 • T 979.260.6963 • F 979.260.3564 CIVIL ENGNFEPING - HYDRAULICS - HMRM06Y UTILITIES STREETS Vft PUNS SWOIAWNS niLNSlw1ch,IkmIm0r9dn com www.miah4llmvlmorgan tom Vol. 213 Pg. 100 vi. Utility Relocation Plan — utility layouts, standard details. b. Agency Coordination — Submit the plans to the appropriate entities (TxDOT, UPRR, Brazos County), and make the necessary plan check revisions, as may be dictated by the jurisdictional agencies. Contract a. Assist the county (and TxDOT) in preparing the bid package (including plans, specifications, and estimate) b. Respond to any requests for information Construction a. Provide engineering support services during construction to include review of shop drawings (if required) and resolution of contractor's request for information (BFI's) on civil issues (if required). b. Provide site visits (as requested by the county) for review of contractor's general conformance with the construction documents for installation of civil works. (Not to be considered construction observation.) Phasing a. Phase One of the project will need to be bidding in February 2015. Phase One shall include the widening of Wellborn road and existing Greens Prairie Trail, the extension of Greens Prairie Trail from FM 2154 to I& GN road, and the signal at the FM 2154 / Greens Prairie Trail. b. Phase Two of the project shall consist of the re- alignment of I &GN road at Straub Road / Dymple Ln and the re- alignment of Straub Rd at the Straub Road / Stousland Rd intersection. Phase Two of the project shall not being design until March 2015 and will follow a more relaxed time line as shown below. Project Schedule Phase One Phase One Phase Two Notice to Proceed 2- Dec -14 15- Feb -15 Preliminary 9- Dec -14 17- Mar -15 Boundary 6- Jan -15 14- Apr -15 Topo 6-Jan-15 14- Apr -15 Geotechnical 6Jan -15 6- Jan -15 50% Construction Drawings 204an -15 5- May -15 90% Construction Drawings 3- Feb -15 26- May -15 Bid Set 17- Feb -15 16-Jun-16 *All dates based on duration past Notice to Proceed Desfi_rtrt Costs Phase One Phase Two Project Management $6,000.00 $3,000.00 Conceptual Design Documents $12,000.00 $4,000.00 Geotech $9,570.00 Survey" $22,000.00 $42,432.50 Vol. 213 Pg. Traffic Impact Analysis $6,160.00 50% design Documents $32,000.00 $6,000.00 90% Design Documents $32,000.00 $6,000.00 Bid Documents $32,000.00 $6,000.00 Traffic Signal Design $32,450.00 Pre- emption Design $3,600.00 Cost Estimate & Bid Proposal Form w/ Bid Alternates $10,110.00 $3,000.00 Construction Phase Service (including As Builts) $21,610.00 $5,000.00 Total Design Fee by Phase $219,500.00 $75,432.51 Total Design Fee: $294,932.50 If there are other services that you desire we will provide those services on an hourly basis at the following hourly rates: Hourly Rates: Sr. Professional Engineer — Development Coordinator $1501hr Sr. Professional Design Engineer $110 /hr Sr. EIT $95 /hr Jr. EIT $75 /hr Drafting $65 /hr Administrative $55 /hr We do require a signed contract to begin work and we have attached one for your signature. Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying, shipping and mailing, etc. will be billed at cost or invoice plus ten percent and reimbursed during the monthly billing cycle. Please let us know if you have any questions or comments. We look forward to working with you on this project. Sincerely, cc: file Attachments: Strong Surveying Proposal, CME Testing Proposal, HDR Engineering Proposal Vol. 213 Pg. /Oo2 1722 Broadmoor Ste. #105 TRONG Bryan, Texas 77802 a' Phone: (979) 776 — 9836 S URVEYING, LLI' Fax: (979) 731 —0096 Email: curtis@strongsurveying.com �i November 18, 2014 Kerry Pillow, MBA, CAPM Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979) 260 -6963 (979) 260 -3564 FAX RE: Cost Estimate for Topographic Survey and Additional R.O.W. taking for Greens Prairie Trail (AREA 1) Dear Kerry, I appreciate the opportunity to provide professional surveyng services for your firm. Please let this letter serve as a cost estimate for the following services: 1. Horizontal and Vertical Control. (NOT TO EXCEED $ 3,500.00) 2. Topographic Survey of Railroad, Santina Tract and I &GN Road ( NOT TO EXCEED $ 3,200.00) 3. Boundary Survey of Santina Tract with Plat and Field Notes for R.O.W. Taking (NOT TO EXCEED 4. Railroad Permit (NOT TO EXCEED $ 1,500.00). 5. Scanning Services for 3000 I.f. of Roadway along Wellborn Road and 1000 I.f. of roadway along Greens Prairie Trail for Topographic Coverage at 50' Intervals (NOT TO EXCEED $ 6,000.00) 6. Fill In topo for areas that scanner cannot get, such as high grass and ditches (NOT TO EXCEED $ 3000.00) TOTAL COST NOT TO EXCEED $ 20,000.00. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 776- 9836. Sincerely, H. Curtis Strong, RPLS Via:email Vol. 213 Pg. /0 1722 Broadmoor Ste. # 105 TRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 S URVEYING, LLC Pax: (979) 731 — 0096 Email: curtis @strongsurveying.com November 18, 2014 Kerry Pillow, MBA, CAPM Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979) 260 -6963 (979) 260 -3564 FAX RE: Cost Estimate for Topographic Survey and Additional R.O.W. Taking FOR Areas 2, 3 & 4 Dear Kerry, 1 appreciate the opportunity to provide professional surveyng services for your firm. Please let this letter serve as a cost estimate for the following services: 1. Horizontal and Vertical Control. (NOT TO EXCEED $ 3,500.00) 2. Topographic Survey of Stousland Rd. (700 I.f.), Straub Rd. (2000 U.) and I &GN Road ( 900 I.f.) ( NOT TO EXCEED $ 9,000.00) 3. Boundary Survey and R.O.W. Taking a) 1 11065 — — Santina - $ 500.00 b) 1 11194 — — Mark Boller - $ 1000.00 C) 1 11114 — — Leo Belovoskey - $ 750.00 d) 1 11113— T Tommy Lyons, Jr. -$750.00 (NOT TO EXCEED $18,000.00). Vol. 213 Pg. 16 / S TRONG URYEYING, LLC Email 1722 Broadmoor Ste. #105 Bryan, Texas 77802 Phone: (979) 776 -9836 Fax: (979) 731 — 0096 curtis@strongsurveying.com ;- � A71 I v; 4. Right of Entries $ 75 per tract (NOT TO EXCEED $ 1,575.00). We will send out right of entries for each tract. This will not guarantee access to the property. We may need help fromr Brazos County should the owner not respond favorably. 5. Area 4 — Wade Road Topo and Boundary for Road Closing and Cul -de -sac a) 11182 — Ricky Cupp - $ 1500.00 b) 11196 — David Morley - $ 1500.00 C) 16295 — Minnie Wade - $ 1500.00 Topo - $ 2000.00. (NOT TO EXCEED $ 6500.00) TOTAL COST NOT TO EXCEED $ 38,575.00. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 776- 9836. Sincerely, H. Curtis Strong, RPLS Via:email Vol. 213 Pg. /0j CME TE5TIL�i�C�AND E1�G,IlNEERING, INC. 320 i r, ROAD • COLLEGE STATION, TEXAS 77045 • 9 A40.3600 November 20, 2014 Mitchell & Morgan, LLP 3204 Earl Rudder Freeway South College Station TX 77845 Attention: Ms. Kerry Pillow, MBA, CAPM, Assistant Project Manager/Business Development Re: Proposal to Perform Subsurface Exploration and Geotechnical Investigation Proposed Extension of Greens Prairie Trail and Improvements to Straub Road and I &GN Road Wellborn, Brazos County, Texas Dear Ms. Pillow: As requested in your e-mail communication of November 13, 2014, CME Testing and Engineering, Inc. (CME) is pleased to submit to the Mitchell & Morgan, LLP (M &M) this proposal to perform a subsurface exploration and geotechnical study in connection with the proposed extension of Greens Prairie Trail and proposed improvements to Straub Road and I&GN road in Wellborn, Brazos County, Texas. A brief description of project background information, proposed scope of services, and associated costs are presented for your consideration. UNDERSTANDING OF PROJECT Sources of Project Information. Information concerning the project was determined from the previously referenced e-mail which included a drawing showing the approximate locations of the proposed roadway extension and roadway improvements. Project Description. CME understands that Brazos County (BC) plans to extend Greens Prairie Trail for a distance of approximately 800 feet from its existing terminus with Wellborn Road (FM 2154) to across the Union Pacific railroad tracks to intersect with I &GN Road. Some roadway improvements will also be along Wellborn Road for a distance of approximately 1,400 feet on either side of the Wellborn Road and Greens Prairie Road intersection. The improvements to Wellborn Road will essentially involve the widening of the existing roadway section to permit the construction of center turning lanes, edge turning lanes, and perimeter shoulders. We further understand that improvements will be made to I &GN Road for distances ranging from approximately 350 to 500 feet on either side of the intersections of I &GN Road with the eastern portion of Straub Road and the western portion of Straub Road. The roadway improvements will essentially involve slight realignments of the existing roadway. 320 Graham Road Phone (979) 690 -3600 College Station, Texas 77845 Fax (979) 690 -3668 Vol. 213 Pg. Al Ms, Kerry Pillow; Mitchell & Morgan, LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of,Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 2— Outline of Proposal. The subsequent sections of this proposal discuss the work efforts involved with the field exploration study, the laboratory testing program, and the engineering analysis and report writing work efforts, as well as the costs associated with these work efforts. GEOTECHNICAL INVESTIGATION PROGRAM Field Exploration Program. We propose to develop information concerning the existing pavement sections at each of the roadway locations, as well as the underlying subgrade and foundation soils. The subsurface information will be used as a basis for the design of the replacement pavement sections. More specifically, we propose to develop information concerning the following: • Existing pavement section layers, including pavement material types and thick- nesses through coring of some of the existing,pavement sections and drilling through other pavement section. • Subsurface soil conditions for pavement subgrade and foundation soils, as well as groundwater conditions in the area. We proposed to develop the previously indicated information by drilling a total of seven (7) borings across the project area at the approximate locations illustrated on the attached figure. The two (2) borings in the pavement areas along Wellborn Road will be drilled to 10 feet depth below the existing pavement surface, and the other borings along I &GN Road and Greens Prairie Trail will be drilled to depths of approximately 6 feet below the existing ground or pavement surface. The borings will verify the type and thicknes's'of the existing paving nAerials and the character of the subgrade and foundation soils that comprise the pavement system at each of the boring locations. The paving of the five (5) boring locations along Wellborn Road, Greens Prairie Trail, and d &GN Road will be cored with an electric motor powered hardened carbide steel core barrel:' The core will' be approximately 6 inches in diameter. The purpose of the coring is to retrieve an intact core of existing hot mix asphalt concrete (HMAC) surface course for measurement of thickness. A "bull probe" will be driven into the underlying base course materials to determine the thickness of the base course layer. The thickness of the HMAC and underlying base course material at the other' boring locations will be measured along the sides of the drill hole after drilling through the pavement section with a drill bit. Sampling of the subgrade soils and the underlying foundation soils below the pavement materials will be continuous' throughout the planned 6 to 10, feet depths of exploration. ` The sampling will be accomplished by mechanically pushing a thin - walled tube sampler in cohesive soils in accordance with the procedures of ASTM D1587- 08(2012)el - Standard Practice for Thin- Walled Tube Sampling of Soils for Geolechnical Purposes or by driving a, split-barrel sampler in cohesionless soils in accordance with the procedures of ASTM D1586.11 - Standard: Test Method for Standard Penetration Test (SPT) and Split- Barrel Sampling of Soils, which describe the Standard Penetration Test. CME will initially monitor groundwater conditions in the borings during and over the short -term time period immediately after completion of drilling operations. The boreholes will be will be plugged with C M E T E 9 T I N M A N D E N D I N E E R I N D 1 N C Vol. 213 Pg. AI Ms, Kerry Pillow; Mitchell & Morgan, LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 3 soil cuttings, and the surface of the core holes will be patched with a cold mix asphalt concrete material as a safety precaution for pedestrians crossing the public roadways. We have assumed that the owners of the property or the right -of -ways where the borings will be located will grant permission for CME to access the boring locations. Laboratory Testing Program All samples of subsurface materials recovered from the borings will be examined and classified in the laboratory. Pertinent engineering characteristics of the soils encountered in the borings will be determined by appropriate tests on selected samples. All samples of subsurface materials recovered from the boring& will be examined and classified in the laboratory. Pertinent engineering characteristics of the soils encountered in the borings will be determined by appropriate soil tests performed on selected samples. Emphasis will be given to conducting soil classification tests based on the Unified Soil Classification System requirements and will include moisture content (ASTM.D2216 -10:- Standard.Test.bfeihods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ), liquid and plastic limits (ASTM D4318 -10eI - Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils), and grain- size'tests (ASTM D422 -63 (2007)e2- Standard Test Method for Particle-Size Analysis of Soils and/or DI 140-00 (2006) - Standard Test Methods for Amount of Material in Soils Finer than No. 200 (75 -µm) Sieve). These classification tests will be supplemented by strength tests consisting of unconfined compression tests which will be conducted in general accordance with the procedures of ASTM D21661ASTM 2166M -13 - Standard Test Method for Unconfined Compressive Strength of Cohesive Soil. Samples will be stored in the laboratory and will remain open to inspection until the end of a 30-day period following the date of the report. If requested in writing by the owner, a longer storage period can be arranged. The presence of soils that contain elevated sulfate concentrations can be significant in evaluating the performance of any pavement system since these soils tend to expand uncharacteristically in the presence of a calcium based stabilizing agent, such as hydrated lime, which is typically used in. the stabilization of pavement subgrade soils. Consequently, we,propose to analyze one (1) sample of the lime stabilized subgrade soils and one (1) sample of the underlying "natural' foundation soils for soluble sulfates in accordance with EPA 300.0. The soluble sulfates test will provide information concerning the suitability of the soils for stabilization with hydrated lime. The samples will be tested and evaluated in a manner that will allow incorporation of the laboratory data into the final engineering report that will present our analysis of the distressed conditions. Soil samples will be retained for a 30-day period following the date of the engineering report and will then be disposed, unless a written request is received extending the storage period. C M E T E 9 T I N G A N D E N G 1 N E E R I N D, I N C. Vo1.213Pg. / 1�'�� Ms, Kerry Pillow; Mitchell & Morgan; LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 4 Engineering Repoli An engineering report will be submitted documenting field activities and laboratory test results. The engineering report will also present CME's analysis and recommendations will address the subsurface conditions at the boring locations along the alignments of the proposed roadway improvements. Particular anomalies in the base and subgrade soils will be addressed and general foundation recommendations for the proposed roadway pavement sections will be provided and will include recommendations for chemical stabilization of the subgrade soils. The report will also include a section that will present a discussion on subsurface conditions that could have an effect on construction of the proposed roadway. Finally, the report will have a section that will offer recommendations for material quality control and placement procedures for both the pavement section and the utilities associated with the project. One (1) electronic copy of the geotechnical engineering report will be provided'for your use and distribution. TERMS AND CONDITIONS CME proposes to perform the outlined scope of work in accordance with the provisions of the enclosed Terms and Conditions for Geotechnical Services (hereinafter Terms) in Attachment ,I to this proposal. The terms of this proposal are contingent upon a mutually acceptable agreement: ESTIMATED PROJECT COST Based on the scope of study, outlined herein, CME has estimated the type and number of work units required to perform the defined work effort, and we have summarized them in the accompanying Table 1. The charges for each of the described work units are also presented in Table 1 and were derived from the standard fee schedules presented in Appendix A (labor charges), Appendix B (office expenses), and Appendix C (field exploration and laboratory testing charges) of the Terms (Attachment n• Using our standard unit charges, the estimated cost to perform the outlined geotechnical study is approximately $8,514 as detailed in Table 1, with a not -to- exceed cost of $8,700. The costs actually invoiced to you will be based solely on the work units performed in accordance with the unit rates set forth in the enclosed Terms. (Attachment I). PROJECT SCHEDULE Following acceptance of this proposal, we believe that we will be able to initiate the proposed fieldwork within 3 to 6 working days of your acceptance and that the fieldwork will require two days to complete. We estimate that the laboratory work can be completed within 5 to 7 working days of the completion of the fieldwork and that the preparation of the engineering report for the project, including the analysis of the collected data, cap be completed within 4 to 5 working days of the completion of the laboratory testing. Therefore, we anticipate that we will be able to present a report summarizing our investigation within 12 to 18 working days of your notice to ,proceed, unless inclement Weather adversely affects drilling equipment access to the site. c M E T E S T I N G A N D E N O 1 N E E R I N G 1 N C Vol. 213 Pg. L 6 Ms, Kerry Pillow; Mitchell & Morgan, LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of Greens Prairie. Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 5 PROPOSAL ACCEPTANCE If you are satisfied with the professional services, scope of work, and costs presented herein, you may indicate your acceptance of the work effort described in this proposal by issuing a purchase order, a consultant agreement, and/or a notice to proceed with the proposed work effort. This proposal, the accompanying Terms, and any Consultant agreement will represent the complete agreement of services in accordance with the provisions set forth. Any changes to the scope of work or conditions of services as stated herein will be made in writing. When acknowledged in writing, such changes will become part of this agreement. CLOSING CUE sincerely appreciates the opportunity to submit this proposal to the M &M: We look forward to working with you and Brazos County, on this project. Please, do not hesitate to call upon us at (979) 690- 3600 if you have any questions or if we can be of further assistance. Respectfully-submitted;, M. Frederick Conlin, P.E. (Texas P.E. No. 4448 1) Senior Engineer MFC:rc Attachments Via e-mail [Kerry @mitchellandmorean coml Taylor Stinson, E.I.T. Project Engineer C M E T E S T I N G A N D E N D I N E E R I N 6, I N C Vol. 213 Pg. /ALL Ms, Kerry Pillow; Mitchell & Morgan, LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 6 Table 1. Cost Estimate for Subsurface Exploration and Geotechnical Study in Connection with Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road; Brazos County, TX Quantity Unit Rate Totals Description of Work Units (units) ($/unit) ($) Task I - Field Investigation Labor Field Geotechnologist - laying out borings, clearing 12 hr 46/hr 552 utilities, and logging of borings Field Geotechnologist - coring of PCC pavement (2- 4 man hrs 101/hr 404 man crew) (2 man crew) Expenses Coring of existing paving system (6 -in diameter core 5 cores 30/core 150 and measurement of core height) Mobilization/Demobilization of Coring Crew - 1 50. - 50 Geotechnical Drilling and Sampling (above 50 ft) 2 50 ft. 13.80 690 Mobilization - Demobilization 1 Lump Sum 920 Miscellaneous Drilling Expenses (patching of 5 bores 10 50 pavement) Traffic Safety Signage and Traffic Control 1 800 1,000 Subtotal Task 1 3,816 Task II - Laboratory Testing _ I Expenses Moisture Content 20 7 /test 140 Atterberg Limits 16 40 /test 640 Percent Passing No. 200 16 18 /test 288 Unconfined Compression Test (Including Moisture 4 30 /test 120 Content and Dry Unit Weight) Sulfate 4 50 /test 200 Subtotal Task 11 1,388 Tssli Ill - Report`Preparation - Labor Senior Engineer 16 105/hr 1,680, Staff Engineer 24 65/hr 1,560 Production/Administrative Assistant I 50/hr 50 Expenses _ Miscellaneous Production /Graphics and I Estimated 20 Communication Expenses Sum Subtotal Task 111 3,310 C M E T E S T I N D A N D E N 13 1 N E E R I N D I N C. Vol. 213 Pg. Ms jKerry Pillow; Mitchell & Morgan, LLP Proposal to Perform a Subsurface Exploration and Geotechnical Study for Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road Brazos County, Texas Page 7 Table 1 Continued). Cost Estimate for Subsurface Exploration and Geotechnical Study in Connection with Proposed Extension of Greens Prairie Trail and Proposed Improvements to Straub Road and I &GN Road; Brazos County, TX Estimated Total Project Cost $8,514 TOTAL NOT -TO- EXCEED PROJECT COST $8,700 Table Notes: I. Cost rounded up to nearest whole dollar. 2. Drilling program to consist of two (2) 10 foot deep borings and five (5) 6 foot deep borings for a total footage of 50 linear feet. C M E T E 9 T I N G A N D E N G I N E E R 1 N G, I N C Vol. 213 Pg. % l� C ME T E S T I N G A N D E N G I N E E R I N G , I N C. ATTACHMENT Terms and Conditions for Geotechnical Services Vol. 213 Pg. C M E T E S T I N G A N D E N G I N E E R I N G , I N C. TERMS AND CONDITIONS FOR GEOTECHNICAL SERVICES 1. SERVICES TO BE PROVIDED. CME is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in this proposal. The labor and expenses costs listed in the proposal are based upon the unit labor rates listed in Appendix A and the unit expense costs listed in Appendices B and C. 2. PAYMENT TERMS. Client agrees to pay our invoice upon receipt. If payment is not received within 30 days from the invoice date, Client agrees to pay a service charge on the past due amount at the prevailing legal rate, including reasonable attorney's fees, if collected through an attorney. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to contractors or others. 3. STANDARD OF CARE. CME will perform its services using that degree of can and skill ordinarily exercised under similar conditions by reputable members of our profusion practicing in the same or similar locality. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL. OR BY OUR ORAL OR WRITTEN REPORTS. 4. INSURANCE. CME maintains insurance coverage as follows: (a) Worker's Compensation Insurance - stamtory. (b) Employer's Liability Insurance- $1,000,000. (c) Comprehensive General Liability Insurance - $1,000,000/$1,000,000. (d) Automobile Liability Insurance - S I,000,0005 1,000,000. S. PROFESSIONAL LIABILITY. Client agrees that CME's liability to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract will be limited to an aggregate of $10,000 or our Total fee, whichever is greater. If Client prefers to have higher limits of professional liability, we agree to increase the limit up to a maximum of $1,000,000 upon Client's written request at the time of accepting our proposal, providing that Client agrees to pay an additional consideration of ten percent of our Total fee, or $900, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed 'by us and is nor a charge, for- additional professional liability insurance: 6: CONSEQUENTIAL DAMAGES. Neither Consultant nor Chem shall be habit to the other for any consequential or incidental damages arising as a result of this Agreement, including, but not limited to, loss of use or loss of profit. 7. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing studies, tears and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. CME's field personnel are Trained to initiate field testing, drilling and /or sampling within a reasonable distance of each designated location. Our field personnel will avoid hazards or utilities which are visible to them at the site. If we are advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CME is not responsible for any damage or losses due to undisclosed or unknown surface or subsurface conditions, owned by Client or third panics. Except as a result of our sole negligence, Client agrees to indemnify us from any such claims, suits or losses, including reasonable attorney's fees, resulting therefrom. We will take reasonable precautions to minimize damage to the property caused by our' operations. Our fee does nor include any cost of restoration due to any damage which may result. If Client desims us in repair such damage, we will comply and add the cost to our fees. Field tests or boring locations described in our report or shown on sketches arc based on specific information furnished by others or estimates made in the field by our personnel. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in our proposal or report. 8. FIELD REPRESENTATIVE. The presence of our field personnel, either full -time or pan -time, will be for the purpose of providing observation and field testing of specific aspects of the project as authorized by Client. Should a contractor, not retained by us, be involved in the project, Client will advise contractor that our services do not include supervision or direction of the actual work of the contractor, his employees or agents. Client will also inform contractor that the presence of our field representative or observation or testing by us will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. If a' contractor (other than a subcontractor To CME) is involved in the project, Client agree. That, in accordance with generally accepted concoction practices, the contractor will be solely and completely responsible for working conditions on the jobsite, including safety of all persons and property during performance of the work, and compliance. with OSHA regulations, . and that these requirements will apply continuously and not be limited to normal working Tours. It is agreed that we will not be responsible fmjob or site safety on the project and that we do not have the duty or right to stop the work of the contractor. 9. UNFORESEEN CONDITIONS OR OCCURRENCES. IT is possible that unforeseen conditions or occurrences may be encountered which could substantially alter the necessary services or The risks involved in completing our services. If this occurs, we will promptly notify and consult with Client, but will act based on our solcjudgment where risk to our personnel is involved. Possible actions could include: (a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in our sole judgment; (b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; (c) Terminate the services effective on the date specified by us in writing. 10. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during rating and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of 30 days after submission of our report. A. NONHAZARDOUS SAMPLES. At Client's written request, we will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After The initial 30 days and upon written request, we will retain tat specimens or samples for a mutually acceptable storage charge and period of Time. Client agrees that we are not responsible or liable for any loss of test specimens or samples retained in storage. B. *HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, we will return such samples to Client, or using a manifest signed by Client as generator, we will have such samples transported to a location selected by Terms Page l Vol. 213 Pg. // C M E T E S T I N G A N D E N G I N E E R I N G , I N C. TERMS AND CONDITIONS FOR GEOTECHNICAL SERVICES Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples. Client recognizes and agrees that we are acting as a bailee and at no time assume title to said materials. 11. 'CLIENT DISCLOSURE. Client agrees to advise us upon execution of this Agreement of any hazardous substances or any condition, known or that should be known by Client, existing in, on, or near the site that present a potential danger to human health, the envimnment, or equipment. Client agrees w provide continuing information as it becomes available to the Client in the future. By virtue of entering into this Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal.. slate or local public agencies any conditions at the site that may present a potential, danger to public health, safety or the environment. Client agrees to notify the appropriate federal, state or local public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety, or the environment. 12. -ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, Client agrees to the maximum extent permitted by law in defend, hold harmless and indemnify CME from and against any and all claims and liabilities, unless caused by our sole negligence or willful acts, resulting from: (a) Client's violation of any federal, slate or local statute, regulation or ordinance relating to the disposal of toxic or hazardous substances or constituents; (b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents found or identified at the site; (c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; (d) Allegations that CME is a handler, generator, operator, treater or starer, transporter, or disposer under the Resource Conservation and Recovery Am of 1976 as amended or any other similar federal, state or local regulation or law. ' If a third party brings suit or claim for damages against us alleging personal injury or property damage from exposure to or release of toxic or hazardous substances or constituents at or frgmthe •project site .before, during or after the services of this. Agreement, Client agrees 10 the maximum extent permined by law an defend us and-pay on our behalf any judgment resulting against us; includingimemst thereon, unless such damages arc caused by our sole negligence. 13. - EQUIPMENT CONTAMINATION. We will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionally, such equipment cannot be completely decontaminated because of the type of hazardous materials encountered. E this occurs, it will be necessary to dispose of the equipment in a manner similar to that indicated for hazardous samples and to charge Client as described above. Client agrees to pay the fair market value of any such equipment. 10. DOCUMENTS. CME will famish in Clint the agreed upon number of mpons and supporting documents. These instruments of service arc furnished for Clint's use in connection with the project or work provided for in this Agreement. For any other purposes, all documents generated by us under this Agreement, shall remain the sole property of CME. If Client desires to provide our report to a third parry, we will agree provided Client obtains written acceptance from the third party to be bound by these terms and conditions. Client agrees that all documents furnished to Client or Clint's agents or designees, if not paid for, will be returned upon demand and will not be used by Clint for any purpose whatsoever. Client further agrees that documents produced by CME pursuant to this Agreement will not be used at any location m for any pmjcd not expressly provided for in this Agreement without our written approval. Client shall furnish documents or information reasonably within Clint's control and domed necessary by us for proper performance of our services. We may rely upon Client - provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client - provided documents will remain the property of Clint. The documents we furnish to Client am intended for Client's exclusive reliance and internal use and not for advertising or other type of general distribution or publication. Client agrees to obtain our written permission for my exception. Any unauthorized use or distribution shall be at Client's sole risk and without liability to CME. 15. CLAIMS. The parties agree m attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant fails to prevail, then the claimant shall pay all costs incurred in defending the claim, including reasonable atmmey's fees. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least in percent greater than the sum offered to resolve the matter prior to the commencement of trial. 16. CONFIDENTIALITY. CME will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute or publish to my third party without prior permission from Client unless compelled by order of a court or regulatory body of competent jurisdiction. 17. SEVERABD.ITY. In the event that any provision of this Agreement is found to be unenforceable, the other provisions shall remain in full force and effect. I0. SURVIVAL, All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between. Client and CME shall survive the completion of the services and the termination of this Agreement. 19, INTEGRATION. This Agreement, the .attached documents and those incorporated herein constitute the entire Agreement between the pities and cannot be changed except by a written instrument signed by both the parries. 20. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. "Applies only if toxic or hazardous substances or constituents are involved or encountered. Terms Page 2 Vol. 213 Pg. / /✓`/ C M E T E S T I N G A N D E N G I N E E R I N G , I N C. APPENDIX A FEE SCHEDULE OF LABOR RATES FOR PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project planning, coordination, consultation and report preparation, and other required Client services, are billed by personnel charged directly to the project at the rate indicated below: Job Cate¢Ory Hourly Fee Senior Engineer 105 Project Engineer 65 Technical Drafting 60 Production Graphics 50 Field Geotechnologist 46 All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised from time to time to allow Consultant to attract and retain competent personnel for the performance of the work. A -1 Vol. 213 Pg. /d C I V I E T E S T I N G A N D E N G I N E E R I N G , I N C. APPENDIX B OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES, AND TRAVEL POLICY In addition to any other fee schedules or cost schedules appended to the Contract, the following services are reimbursable at the rate shown: I. Reproduction and Photography: a. Blueline (per square foot) .25 b. Photocopy cost (per page) .10 c. Binding —cost d. Outside reproduction work --cost plus 15% e. Special forms, printing, special engineering services, model supplies --cost plus 15% f. Photography —cost plus 15% IL Graphics: a. Labor plus per plot charge: 1. 8 1/2" x 11" print/plot 10.00 2. 11 " x 17" print/plot 20.00 3: 24" z Wprinujtlot 15.00 4. 36" x 48" print/plot 25.00 5. Duplicate print/plots 5.00 b. Document covers (each) 3.00 III. Communications, Shipping, and Mileage: a. Telephone (long distance conference calls) —cost plus 15% b. Express charges and shipping charges --cost plus 15% c. Consultant vehicles -0.65 per mile IV. BusinessTravel Expenses: If required for the project, business travel expenses will be in accordance with the rate listed below for mileage and for room and board. a. Mileage (personal vehicle), per mile .65 b.'. Rental car — cost plus 15% c. Per diem —cost plus 15% (maximum of $75 per day) This rate schedule may be, with thirty (30) days written notice to Client, revised in accordance with any and all changes in Federal/State/Local laws, ordinances, and policies, as well as changes in local labor requirements reflecting the ability or Consultant and its subcontractors, if any, to attract and maintain the necessary work force. B -1 Vol. 213 Pg. 11117 C M E T E S T I N G A N D E N G I N E E R I N G , I N C. APPENDIX C SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Field Operations - Subcontract 1.00 Mobilization Rate 1.01 Mobilize men and truck - mounted drilling equipment - per mile 4.85 1.02 Mobilize men and ATV - mounted drilling equipment - per mile 5.25 1.10 Drilling and Sampling Mud,grout; or casing'- cost plus 15W 1.11 Drilling - Truck - Mounted Drill Rig - per ft. 13.80 1.12 Drilling - ATV- Mounted Drill Rig - per ft. 14.50 1.13 Coring in rock - Soft rock - per ft, 25.OQ 1.14 Coring in rock - Hard rock - per ft. 29.00 1.20 Conditional Charges 2.31 Standby and trip time - per hour 175.00 2.32 Expended drilling materials - cost plus 15% 2,33 Mud,grout; or casing'- cost plus 15W 2.34 Boring location survey - cost plus 15% 2.35 Rental of access equipment - cost plus 15% 2.36 Trip charge cost plus 15% Laboratory Soil Tests 2.00 Classification Tests 2.01 Moisture Content (ASTM D 2216) 7.00 2.02 Liquid and Plastic Limits (ASTM D 4318) 40.00 2.03 Linear Bar Shrinkage (ASTM Tex- 107 -E, part 11) 40,00 2.04 Unit Weight 10.00 2.05 Specific Gravity (ASTM D 854) 50.00 2.06 Dry Sieve Analysis (ASTM D 422) - per sieve 18.00 2.07 Wet Sieve Analysis (ASTM D 422) - per sieve 19.00 2.08 Hydrometer Analysis (ASTM D 422) 110.00 2.10 Material Characteristics 2.11 . Permeability, BP saturation EM 1110 -2- 1906 „(ASTM D 5084) 200.00 2.12 Resistivity (Tex- 129 -E) 68.00 2.13 Wet Ball Mill (Tex - 1 16 -E) 165.00 2,14 Optimum Lime Content, pH Method (ASTM D 6276) 140.00 2.15 Soil/Cement or Fly Ash Series (ASTM D 1632) 350.00 2.16- , Pinhole Test (ASTM D 4647) 150.00 2.17 Crumb Test 5,00 2.18 Phenolphthalein Test 10.00 2.19 pH Determination. (ASTM D 2976) 20.00 C -1 Vol. 213 Pg. /�8 C M E T E S T I N G A N D E N G I N E E R I N G , I N C. APPENDIX C (CONTINUED) SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Laboratory Soil Tests (Continued) Rate 2.20 Strength Tests 2.21 Hand Penetrometer or Torvane 1.00 2.22 Unconfined Compression (ASTM D 2166) (only) 30.00 2.23 Unconfined Compression (ASTM D 2166), With Moisture and Dry Unit Wt. 47.00 2.24 UU- Triaxial (ASTM D 2850) (single stage) 110.00 with sample preparation (per stage) 25.00 2.25 UU- Triaxial (ASTM D 2850) (multi - stage) 240.00 with sample preparation (per stage) 25.00 2.26 CU- Triaxial (ASTM D 4767) (w /pore pressure measurements) 285.00 with Sampld preparation (per stage) 25.00' 2.27 California Bearing Ratio (CBR) (ASTM D 1883), 3 per set . 500.00 2.30 Volume Change Tests 2.31 Percent Swell 150.00 2.32' Swell pressure and Percent Swell (ASTM D 4546) 275.00 2.33 Consolidation (ASTM D 2435), 7 or less loading increments 400.00 C2 Vol. 213 Pg. / / Imo' G M E T E S T I N G A N D E N G I N E E R I N G , I N C. PROPOSAL ACCEPTANCE SHEET FOR GEOTECHNICAL PROJECTS Identification of Services: Subsurface Investigation and Geotechnical Study Project Name: Extension of Greens Prairie Road and Improvements to I &GN Road Project Location: Greens Prairie Trail and Wellborn Road (FM 2154); Wellborn. Texas Proposal Date: November 20. 2014 CLIENT: Name: Mitchell & Morgan. LLP Street Address or P.O. Box No.: 3204 Earl Rudder Freeway South City: College Station State: TX Zip Code: 77845 e-mail: Joel @itchellandmorgan.com Phone Number: (979) 260 -6963 Facsimile Number: (979) 260 -3564 Cellular: Attention: Mr. Joel Mitchell P.E.. Partner FOR NOTICES: Client: 'Name Address Phone Number Consultant: Name CME Testing and Engineering. Inc. Address 320 Graham Road College Station, TX 77845 Phone Number_ (979) 690 -3600 FOR INVOICINGt ' Client:. D Same as above. Name Address Phone Number SPECIAL INSTRUCTIONS: PROP09AL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms on this page are: Accepted this day of 2014. ' Print or type individual, firm or corporate body name Signature of authorized representative' Print or type name of authorized representative and title Proposal Acceptance Sheet -1 Vol. 213 Pg. /,� 0 FNSHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 20th day of November, 2014, between Mitchell 8 Morgan, LLP (`OWNER ") with principal offices at 3204 Earl Rudder Freeway S., College Station, Texas, 77845, and HDR ENGINEERING, INC., ( "ENGINEER ") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as the Greens Prairie Trail Signal Warrant Study and Design ( "Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ( "Services ") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION 1, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as 9 fully set forth herein. SECTION Ill. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services shall be on a lump sum basis of $55,300. The fee breakdown for each of the phases is summarized below. Phase I (Traffic Signal Warrant Study) - $5,600 Phase II (Traffic Signal Design) - $29,500 Phase III (Bid Services) - $5,100 Phase IV (Construction Services) - $15,100 TOTAL- $55,300 Due to the need for significant coordination amono agencies and potentially undefined tasks coordination meetings and necessary additional services beyond those defined in Phases I through IV, will be provided on houdy basis as necessary. hdrinc.com Vol. 213 Pg. /-,:-/ SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Mitchell & Morgan, LLP "OWNER" 0 NAME: Joel Mitchell, P.E. TITLE: Partner ADDRESS: 3204 Ead Rudder freeway S. College Station, Texas 77845 HDR ENGINEERING, C. 'ENGINEER' BY: 4,q, NAME: Rashed Islam, P.E., PTOE TITLE: Vice President ADDRESS: 504 Lavaca Street, Suite 1175 Austin, Texas 77801 PROJECT NAME: Greens Prairie Trail Signal Warrant Study and Design PROJECT MANAGER Mike Mclnturff, P.E., PTOE Vol. 213 Pg. /- �— EXHIBIT A SCOPE OF SERVICES Project Name: Greens Prairie Trail Signal Warrant Study and Design Project Manager: Mike Mclnturff (979- 693 -5800) The Scope of Services is presented in four phases as described below, based on the following assumptions: 1. Brazos County plans to extend Greens Prairie Trail from its existing T- intersection at Wellborn Road (FM 2154) west to I & GN Road, resulting in a new at -grade railroad crossing on the west side of FM 2154, 2. As a condition of approval of the new at -grade crossing of Greens Prairie Trail, UPRR proposes to close the existing at -grade crossings at Straub Road and Wade Road south of Greens Prairie Trail. 3. Brazos County will provide traffic counts at the intersection of Greens Prairie Trail and Wellborn Road as described below for use in preparation of the Traffic Signal Warrant Study (Phase 1): a. Counts should be collected during an average day when normal travel periods exist so as to be representative of traffic operations which occur throughout most of a normal week (Tuesday, Wednesday, Thursday), i.e., excluding the week of November 24 due to the Thanksgiving holiday travel period and prior to the dismissal of classes (TAMU and public schools) in December. b. Peak hour turning movement and vehicle classification counts at 15 minute intervals from 7:00- 9:OOam and 4:00.6:OOpm c. Approach counts (westbound, northbound and southbound) at the intersection as well as eastbound traffic on Greens Prairie Trail east of the intersection for a 24 hour period at 15 minute intervals. d. Forecasted traffic on the eastbound approach of Greens Prairie Trail, if available. I. Traffic Signal Warrant Study • The following tasks will be necessary to prepare this study: 1. Review the following study prepared for UPRR by Olsson Associates: Wellborn Siding Traffic Impact Study, September 2014. Previous traffic counts and traffic volumes provided in this study will be utilized for estimates of future traffic on Greens Prairie Trail west of Wellborn Road, 2. Review and summarize traffic counts provided by Brazos County as described previously. 3. Develop traffic volume projections for Greens Prairie Trail west of Wellborn Road sufficient to estimate eastbound approach volumes at the intersection. Vol. 213 Pg. / 3 4. Obtain and review crash reports for the past five (5) years at the intersection of Greens Praine Trail and Wellborn Road 5. Prepare technical memorandum summarizing data collectionlanalysis, traffic volume projections and recommendations concerning whether traffic signal warrants are met in accordance with Chapter 4C of the Texas Manual on Uniform Traffic Control Devices. II. Traffic Signal Design —These design services are based on the following assumptions: 1. New mast arm traffic signals will be provided at the intersection of Greens Prairie Trail and Wellborn Road as a part of the Brazos County project W extend Greens Prairie Trail to the wrest. 2. Construction plan sheets for the traffic signal equipment will be provided for inclusion in the plans to be prepared by the Owner for letting by Brazos County. 3. Traffic signal equipment design and specifications will be prepared in accordance with City of College Station standards due to anticipated annexation by the City. 4. Survey for the intersection of Greens Prairie Trail and Wellborn Road intersection will be performed by the OWNER and will all include all legs of the intersection (extending up to 200 feet), overheadlunderground utilities, R.O.W., etc. This information will be provided in CADD format. 5. The CADD files for the addition of the west leg of Greens Prairie Trail will be provided by the OWNER. 6, If TDLR review is required, it will be performed by the OWNER. 7. The design of the railroad signal is NOT part of this scope as if is a specialized service and will need to be completed by others If is assumed that UPRR (or others} will install all active warning devices (crossbucks gates and flashers) as well as necessary signal preemption equipment. Because design of the railroad signal and preemption equipment to be included on UPRR facifAies is a specialized service design of the active wamino devices and preemption equipment should be undertaken by a firm to be selected jointly by the County and UPRR as appropriate. Since UPRR retained Olsson Associates to prepare the study referenced in Task I of Phase 1 the County should consider coordinating with UPRR to obtain desion services for active warning devices and preemofion equipment The design and fee for this work is not included in this Scope Design Services - The following tasks will be undertaken in preparation of the traffic signal design plans: Vol. 213 Pg. /„V 1. Conduct afield review of the existing intersection to note and verify power source, intersection geometrics, physical constraints, utility placement, and any other details necessary for signal plan preparation. 2. Meet with the County/CityrrxDOT as appropriate to discuss the following: a. Signal design requirements (two meetings assumed) b. Review meetings to resolve comments (two meetings assumed, one for each submittal) 3. Obtain as -built plans, if available, for the intersection. This information will be provided by the County/CityfTxDOT as appropriate. 4. Obtain example plans to illustrate format, content, etc., desired by the City and /or TxDOT. This information will be provided by the County or City as appropriate. 5. Although there are no existing pedestrian ramps or sidewalks at the intersection, the traffic signal equipment design and placement will include ADA compliant pedestrian ramps and push buttons, if required by the CountylCityTrxDOT. 6. Prepare signal design plan sheets and quantity estimates for the intersection to be included with plans to be prepared by the Owner. The following information will be shown: a) Signal quantity summary b) Existing intersection layout c) Proposed signal layout d) Phasing, signing, signal head legend, and conductodconduit schedule e) Cable termination chart and load switch information f) Elevations g) Detection zones h) Traffic signal pole foundation (TSFD) schedule i) Applicable City standards 7. Coordinate with the County/City/TxDOT for approval of signal plans. Review Submittals and Deliverables 1. Two review submittals will be made to the County (50% and 90%). The 50% submittal will include the design sheets at a 50% level of completion with all applicable standards and a preliminary cost estimate. For the 90% submittal, completed design plans will be included with all standards, special specifications and a construction cost estimate. The final submittal (100%) will address all of the County comments and will be a complete package that includes construction drawings and construction cost estimate. Vol. 213 Pg. /� 2. The final project deliverables will be design sheets as described above, the construction cost estimates and specifications. The construction plans will consist of the following: electronic PDF of 11 "x17" sheets for 50% and 90% submittals, one copy of 11 "07" on paper signed /sealed for 100% submittal as well as electronic files in Microstation format, PDF, and plot files for 100% submittal. 3. "As- built" information from the construction contractor will be incorporated into the plan set to produce record drawings for the project. The contractor will provide a marked plan set to the Engineer showing the "as- built" information. The final plan sheets will be revised to indicate the "as- built" conditions. III. Bid Phase Services The Owner will prepare and assemble the bid package including boilerplate documents, advertising, and bidding. The Engineer will only provide bid tabulation services for the County in coordination with the Owner and attend one pre -bid meeting. IV. Construction Phase Services The Engineer will provide construction phase services to include the following: 1. One pre - construction meeting with the selected contractor 2. Review submittals 3. Responses to requests for information (RA's) 4. Review change orders 5. Attend monthly progress meetings (four [41 meetings are assumed) 6. Attend one final inspection upon completion of construction Vol" 213 Pg. 1,�I EXHIBIT B TERMS AND CONDITIONS See attached Vol. 213 Pg. /a 7 HDR Engineering, Inc. Terns and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering. consulting and related servces performed afurnished by ENGINEER and is employees under firs Agreement wAll be the cam and skill onlivriy used by members of ENGINEER's profession practicing ruder the same or Banner ciruvnstioncee at tie same time and In the same locality. ENGINEER makes no warrantlee, express a emptied, under this Agreement a Otherwise. In owl ectlon with ENGINEER's services. It INSURANCEANDEMNITY ENGINEER agrees to procure and maintain, at its expense, Waken' Compensation Insurance as required by statNe; EmpkI Liability of 5250,000: Automobile Liability Insurance of $1.000.000 combined single III for bodily ktJuy and property carnage covering all vehicles. Including hired vehicles, owned and non4reied vehicles; Commercial General Lability insurance of $1.000.000 combined single I" for persasl injury and property damage; and Professional Liability insurance of $1,000,0DO per daim for Protection against claims arising out of the performance of services under thie Agreement caused by negligent acts, errors, or omissions for which ENGINEER Is legally liable. OWNER shall be made an additional Insured on Conrnercial General and Automobile Liability Insurance policies and certificates of insurance will be harsh ed to To OWNER. ENGINEER agrees to indemnify OWNER for claims to the extent caused by ENGINEER's negligent acts, errors a aniseio s. However, relther Party to this Agreement shall be liable to the other Party for any special, Incidental, indirect, or consequemlal damages (Including but not limited to loss of profrs or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, Or services; and/or cost of capital) arising out of, resulting from, or In any wry related to the Project or the Agreement from and Buse or causes, including but not limited to any such damages caused by the negligence. ertnrs or omisslons, strict liability or breach of contract OPINIONS OF PROBABLE COST (COST ESTIMATES) Any oprdas of probable project cwt or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the bass of ENGINEER's experience and qualifications, and repntseres its judgment as an eryerienwed and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment a services furnished by others. a aver the contractor(s) methods of determining prices, m ter competitive bidding or market contortions, ENGINEER does not guaames that proposals, bids or actual project a oorstr utlon cast will not very from OpiNas of probable cwt ENGINEER prepares. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portal of the weak performed aria construction contracts shall not relieve to contractor from is responsibility for perfirtrdrg work In accordance with appdcebre contract documents. ENGINEER shall not control or hews large of, and shall not be responsible err, construction mears, methods, techniques, sequences, procedures of coestruCiloL health on safety programs or preceutlos connected vAth to work and shall not maroge, supervise , cordrd or have charge of constrtldlcn. ENGINEER shall not be respaslble for the ads a OMISSlaa of the ennbW Or W other parties on ie project ENGINEER saes be started to review all co siuctlon contract docrmenls and to require that no provisions extand the draw or liabilities of ENGINEER bayed those set forth In this Agreement OWNER agees to Include ENGINEER as an indemrdfied party In OWNER'S constucton contacts for the work which shah protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under this construction contractors Ilabinty, Insurance porches. 6. CONTROLl1NG LAW This /greament is to be governed by the sw er to sale where ENGINEER's services am performed. 9. SERVICES AND INFORMATION OWNER will provide all criteria and Information pertaining to OWNER's requlrerterits for the project, Including design objectives and constrains, space, capacity and performance requirernems. lladdlty arc expo iabifty, and any budgetary Irmtatons. OWNER win also provide copies of try OWNER -fir shed Standard Details, Standard Specifications. a Sand" Bidding Documents which are to be Incorporated Into the project. OWNER will Tartish the services of sds/geotedudcal engineers mother Consultants that Include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear hurl responsibility for the technical accuracy and Content of OWNER-frmshed documents and services. In performing professional engineering and related servkxr hereunder, it Is understood by OWNER that ENGINEER ls not engaged In rendaing any type of legal, Insurance or accounting services, opinions or advice. Fuller, it Is the OWNER's sole nesponsittity to obtain to advce of an attorney. Insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, to OWNER agrees thal OWNER or to OWNER's representative will exern ne all studies, reports, sketches, drawings, specification, proposals and other docrrens, opinions a advice prepared a provided by ENGINEER, and will obtain to advice or an attorney, insurance Counselor a oter consultant as the OWNER deems necessary to protect Ihe OWNER's seeress before OWNER takes action a forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bird themselves, their parrs , successors. assigns, and legal representatives to to covenants of this Agreement. Nerter OWNER nor ENGINEER will assign, sublet,a transfer any interest In this Agreement or claims arising tterehom vAtlhout the watroen consent of the other. RE4JSE OF DOCUMENTS All doamenls, mdud4ng an reports, drawings, specifications, computer sothvem a other hems prepared a burnished by ENGINEER pursuant to this Agreement. are Instnments of service with respect to the project. ENGINEER retalm ownership at all such documents. OWNER may retain copies of the doarmems for is Information and reference in conedon wind to project; however. none of the documents am imarded or mWeserded to be suatabie for reuse by OWNER or others on extensions of to project a on arty other prated. Arty muse wtb)out written verification m adaptation by ENGINEER for to specific purpose intended will be at OVVNER's sde risk and without liability, m legal expusu m to ENGINEER, and OWNER win defend, Indemnify and hold harmless ENGINEER from all claims, damages, ReI and exenses, Including attorneys foes, arising or reaudig t erefrom. Any Stich verification or adaptation will entire ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may term hate the Agreement, In whole or In part, by giving seven (n days welter notice to the other party. Where the method of payment is Tarp surn; a cwt reimbursement to final invoice will include all services and expenses associated with ire project up to to effective date of termination. An equitable adjustment shall also be made to provide for terminetm settlement toss ENGINEER Incurs as a raven of cormnMems that had beorne firm before termination, and for a reasonable profit for services performed. 10. SEVERAeILITY If sr y provision of this agreement is held Invalid or unenforceable. the remaining provisions shall be veld and binding upon the parties. Ore or more waivers by Bitter party of any provislon, lam a condition shall not be construed by the otter party as a waiver of any subsequent breach of is same provision, term or condition 11. INVOICES ENGINEER Wit submit monthly Invoices for services tendered and OWNER %At make prompt payments In response to ENGINEER's Invoices. ENGINEER will retain receipts for reimbureabie expenses In general accordance with Internal Reversre Service rtes pertaining to the support of o pendlhlms fix Income tax purposes. Receipts will be "able for Inspection by OWNER's auditors upon request. (52014) Vol. 213 Pg. /)-�. If OWNER disputes any items In ENGINEER'S invoice for any reason, Induding the lark of supporting dopanmtatla, OWNER may temporertly delete the dlapuled gem and pay the remaining amount of the invoice. OWNER wig promptly nol fy ENGINEER of the dispute and request clarification and/or correction. Ace any dispute has been settled, ENGINEER vet Include to disputed Item on a sulbsequenL regularly scheduled invoice a on a special invoice for the disputed item only. OWNER recognizes tMl late payment of awoices results In erica expenses for ENGINEER ENGINEER retains this right to sasses OWNER Interest at the rate of are percent It %) per mach, but net to exceed she maximum rate allowed by law, an invoices vtdch are not paid within thirty (30) days from the data et the invoke. In the event undisputed portion& of ENGINEER§ invoices are not pad when dus, ENGINEER also reserves she right after seven (7) days prior widen notice, to suspend the pefamarce Of Cos saMrrs under this Agreement unda an past due amount have been paid .m U- - 12 CHANGES The parties agree that not charge or modification toads Agreement or any aaazNrents hereto. shag have any face or effect unless the charge a reduced to vatting, dated, and made part of thas AgrenrdnL The execution of the change stag be authorized and a" M the same manner as ads Agreenherd. Adjusbnenb in ge period of services and in compensation shall be In accordance with applicable paragraphs and sections of ails Agmemer. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects bmo" Conceptual or process development eeMCes, activities often are not ivy definable In the initial planning. In arty event as the project progresses, ae facts developed may dictate a flange In the services to be performed. which may after the scope. ENGINEER wig Inform OWNER of such Situations so that changes In scope and adjustments to the tine of performance and Compensation can be made as required. If such Change, adddiaral services, or Suspension of seMOes results In an Increase o decease In the cast of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified Scott ngy. tit. CONTROLUNGAGREEIAENT These Tema and Conditions shag take precedence over any inconsistent or contradictory provisions Contained in any proposal, co, di cl purchase order, requisition, roticeloprooaed, or like doormen. 14. EQUAL EMPLOYMENTAND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to campy with the applicable provisional of federal ant state Equal Employment Opportunity for Individuals based on color. religion, sex, or national origin, or disabled veteran, recently separated veteran, over protected veteran and armed forces service medal veteran stake, disabilities under provisions of executver order 11246, and other emPloyment. statutes are regulations, as stated In Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a-f), § 66300.5 (aa), § 60741 (ae). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best at as kncMedge; no hazardous materials are present at the project site. However, in the event hazardous materials awe known to be present, OWNER represents that to the best of Its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCS'e, petroleum, hazardous waste, or radioactive material located at a near the project site. Including type, quantity and location orsuch hauzirdoua materials. a ls adkrewledged by both parties that ENGINEER's scope of services do not Include services related in any %ray to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to rrolify OWNER and, to the extent required by law or regulation, the appmpriste governmental officials, and ENGINEER may, at its option and without liability for delay, consequential a any otter damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: 0) retains appropriate specialist consuftant(s) or comrscutr(s) to Identify and, es appropriate, abate, remedlate, or remove the hazardous materials; and 01) warrants that the project age Is In MI Compliance with all applicable laws and regulations. OWNER acknooledges that ENGINEER Is performing professional services for Terms 8 Conditions or Professional Services OWNER and that ENGINEER is not and shall not be required to become an'amanger, "operator; 'generator,' a Treapolter' of hazardous materials, as defined in the Comprehensive Environmental Response, Compenaa6on, and Liability Act at 1990 (CERCLA), viNCh are or may be encountered at or rear the project site In connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement kr puss on 30 days written notice. To the fullest extent pemLated by law, OWNER shall Indemnity and told harmless ENGINEER, as oficem, directors, panders, employees, and subconsubards from and against all Costs, losses, and damages Qnduding but not limited to all fees and charges of engineers, architects, aftomays, and other prooationals, and all court or arbitration or other dispute resolution costs) reused by, adsing out of or resulting nom hazardous materials, provided that (q any such Cost, loss, or damage Is attributable to bodily Injury. sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work). Including the loss or use resulting therefrom, and III) nothing In this paragraph shall obligate OWNER to Indemnify any Individual or entity from and against the consequences of that Individuars or entity's sole negligence or willful misconduct. 13. EXECUTION This Agreement, Including the exhibits and schedules made pan hereof, constitute the entire Agreement behveen ENGINEER and OWNER, supersedes and controls over all prior vwlaen of oral understandings. This Agreement may be amended, supplemented or modified only by a written irebvment duty executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED SY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF 4100,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER ENGINEER'S COMMERCIAL GENERAL LIABILITY INSURANCE POLICY. 10. LITIGATION SUPPORT In the event ENGINEER is required to respond to a sudlwera. government Inquiry a other legal process related to the services In Connection with a legal or dispute resolution proceedng to vAch ENGINEER Is not a panty, OWNER Shall mlmbuse ENGINEER for reasonable costs in responding and compensate ENGINEER at its den standard rates for retractable gone roomed In gathering Information and documerds and attending depositions, hearings, and trial. 19. UTILITY LOCATION If underground samplirggesting is to be performed, a local Why locating SeMCe shall be contacted to make arrangements for all utilities to determine the location of uderground utilities. In addition, OWNER shall notify ENGINEER of the presence and option of any underground udatles located W the OWNER'$ properly which are not the responsibility Of ptvate/pubec utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utlilies that art properly marked. The OWNER agrees to waive any claim against ENGINEER and will Indemnify anti hold ENGINEER harmless from any claim of liability. Injury or loss "Load by or allegedly Caused by ENGINEER's damaging of underground utilifies Mat are not property marked or are not caged to ENGINEER's attention prior to beginning the underground samplln ftesbng. 20. CONFIDENTIALITY ENGINEER shall maintain the Confidentiality of all reports and work product seated for OWNER and shall not disclose such Information to any third party wahoul the express written approval at OWNER. This obligation survives the termireton of gds Agreement , Vol. 213 Pg. l (512014) BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 9.1 On this the 2nd day of December 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2nd day of December 2014 the Court heard and approved a budget amendment for the 2014 -2015 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of December 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 213 Pg. 1,j0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115.9.1 1 11 11 11 EFFEM 11 1- 1 11 111 11 . 1111 1 -m Equipment . ®- 1111111.---- -- _ - - -- Non-Degartmental Reallocation of funds to the correct account for the relocation of the x-ray machine from 29th Street Annex to the BC Administration _--- 1111111■ -- 11111■ 11111111111 ■ - 111111111111,111111■ -- 11111■ 1111111111111 ♦ - 1111111111111111111111■ -- 111♦11 1111■ - 111111111111111111111111, -- Vol. 213 Pg. f PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 02, 2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Juvenile Azua, III, Amado New Hire Calzada- Sanchez, Sandra New Hire Canales, Mayela New Hire Hughes, Brandon New Hire Approved in Commissioners' Court: Decembe 02 201 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1 Vol. 213 Piz. /-�U